California Official Cites Medical Marijuana Abuses

Attorney General asks lawmakers to reform the law

12/22/2011 | By Mark Huffman

| ConsumerAffairs.com | Health

California Attorney General Kalama Harris is the latest law enforcement officials to voice concerns about her state's medical marijuana law. In a letter to California lawmakers, Harris said she is troubled by the exploitation of the law by gangs and criminal enterprises.

Michigan Attorney General Bill Schuette has taken a similar position and supported local prosecutors who have tried to close medical marijuana dispensaries in the state.

Harris said her office recently completed a series of meeting across the state with cities, counties and patient groups with the goal of finding a way to revise the state's medical marijuana guidelines.

"I have come to recognize that non-binding guidelines will not solve our problem," Harris said. "State law itself needs to be reformed, simplified, and improved to better explain to law enforcement and patients alike how, when, and where individuals may cultivate and obtain physician-recommended marijuana."

Reform the law

The letter, to the President Pro-Tem of the California Senate and the Speaker of the General Assembly, requested that lawmakers formally take up measures to reform California's medical marijuana law, one of the first in he nation.

California legalized marijuana for medical use by voter referendum in 1996. In 2003 legislators established guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, the guidelines allow patients to possess larger amounts of marijuana when such quantities are recommended by a physician.

Critics of the law say it is subject to widespread abuses and serves as a cover for recreational use of the drug. Sixteen states and the District of Columbia now have medical marijuana laws.

Share your Comments

Please enable javascript to comment on this page

Sensi Roots (Thu, 22 Dec 2011 16:58:59 +0000): If the abuse is recreation, that seem like a minor abuse... if criminal enterprises are profiting from our patients needs for medicine... well that is a whole different kind of abuse.

Jason Engberg (Thu, 22 Dec 2011 18:46:42 +0000): Federal efforts have targeted businesses that are in violation of the 1000 foot rule (forget that these same areas include liquor stores, gun dealers, strip clubs and other adult only services) and business that are indeed violating state and federal law by interstate transportation or violation on amount of plants or processed cannabis allowed which fluctuates by city and/or county. AG Holder when asked by a Denver representative said that there is not Federal resources to go after State licensed Medical Cannabis Dispensaries and went on to say that banks and financial institutions need not fear having funds and accounts seized. In California's case licensing is left to the cities or counties to allow if and how many MCD's may exist. I believe this is the focus Kamala Harris should be addressing. Developing a state run licensing agency. It seems clear to me that the AG is telling us that the State needs to own the process of regulating the MCD's whereas the Ca AG is questioning the right for a MCD to exist at all! The states policy needs clarification and it is unmeasurable how all of this posturing has impacted the revenues generated as MCD's close and patients are scared back into the darkness. Many cities and counties are in a catch-22 because they are awaiting for federal direction as to whether or not to allow disensaries in their communities. What do I recommend you do if you believe this iose jobs and revenue for the state? You can send a email to the Attoney General and ask him to reschedule cannabis as well ask your Governor (and mine) Jerry Brown to join the Governors of Washington and Rhode Island in requesting that AG Eric Holder reschedules Cannabis. California needs the funds, it could keep your library open or add a police officer to your community. Tell the pharmaceutical companies they don't own everything.

Alex Hofmann (Thu, 22 Dec 2011 20:01:22 +0000): well- yes we need reform. How about legalizing and regulating marijuana, just as we do with two of the most dangerous drugs known to man- tobacco and alcohol. The drug war is a dismal, and expensive failure that does more harm to users then good, and creates the illicit market for criminals to profit.

MrLoco Campos-Overgaard (Thu, 22 Dec 2011 20:05:51 +0000): Kamala Harris needs to light up and shut up... Prohibitionists are the real criminals, lock them up and release all non violent cannabis offenders! Cannabis is medicine and the people of California believe in it, so feds get off California's back already and stay outta California's business!

Leonard S. Bustos (Fri, 23 Dec 2011 00:30:10 +0000): How can dispensaries be in compliance when the AG orders the banks to close their accounts?

Chadwick M Hanes (Fri, 23 Dec 2011 04:25:23 +0000): The law needs to change, but CA is not ready for legalization. Consider a half-way in between: http://ca2012.com/regulate.html.

Randy Nesbitt (Fri, 23 Dec 2011 05:44:24 +0000): The state of Colorado is presenting a legalization issue on its next ballot. I am an MMP patient who currently holds a patient license in the state and I still have a sense of ambiguous feelings about it. Legalization would drive down the prices and perhaps drive off the crap from across the border but.... Who knows for sure. Being a test case for the entire country is going to be strange. It looks like there are almost twice the number of signatures needed for it to go for a vote so we shall see.