Medical Marijuana Use & Dispensaries

Posted By The Law Offices of Matthew Cargal || 18-Jan-2013

Marijuana is a drug that has been pushed forward and the use encouraged for the medical benefits that it can offer. For those with health concerns, it can be a relief when nothing else seems to work. The state of California has chosen to allow for the use of it in certain medical cases and growers that are authorized are not penalized by the state if they adhere to guidelines. The stance of California has done little to sway the government who still sees it as a crime. While growers and users may not face problems from at the state level, that does not mean that they cannot still face prosecution at the federal level.

Adding further complication is the say that cities can have on the use of medical marijuana clinics. These differences have led to conflict and made it challenging to define clear guidelines. The issue of medical marijuana is one that is constantly being reviewed and adjusted. In fact, the new ballot in May will potentially have a number of areas that voters can give their opinion on in regards to this issue. There may be initiatives taken to reduce and limit the amount of dispensaries that can exist in the Los Angeles area. Since dispensaries became legal, hundreds have popped up in the area and many question if the high amount is necessary. A ban on the clinics took place last year but it was overturned.

While dispensaries can currently be opened, the legislation regarding them is geared at "collective" and "cooperatives." They are meant to be non-profits that are not for the use of simply earning cash. The correct forms must be obtained and patients must be valid members with a California medical marijuana identification card. Membership should be reviewed continually to protect against facing legal concerns. In spite of following this, these are still not in compliance with the federal laws so those opening a dispensary need to recognize the risk that is taken.

One man was sentenced last week by the feds for the operation of a dispensary that was within the guidelines of the state. The federal government tried the man and sentenced him to ten years in prison. On Nov. 6, 1996, residents of the state earned the ability to use medicinal marijuana in certain situations under California Health & Safety Code 11362.5. There continues to be criminal charges regarding the use of medical marijuana and the recreation use of the drug has yet to become legal in the state, in spite of Washington and Colorado making the decision. Call the Pasadena criminal lawyer from The Law Offices of Matthew Cargal if you are potentially facing a conviction for similar charges or another criminal activity.

Categories: Drug Crimes, DUI

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