MARIJUANA COURT RULING MAY OPEN DOOR TO ABUSES

Here's a decision that will keep criminal defense lawyers like me busy
for a while. The California Supreme Court recently put marijuana use
for medical purposes on the same plane as any other prescription drug.
This all goes back to Proposition 215, passed by the voters in
California in 1996, which allows people to grow and use marijuana if
they are doing so for medical purposes.

The key to this ruling is that the court held that not only can
someone who is charged with a violation of the statute use their
medical need as a defense at trial, they also can vitiate the need for
a trial by having these charges dismissed before the case goes that
far. There is still an open question as to how many marijuana plants
an individual can grow and claim that they are being grown for one's
own medical use; however, the court seems to indicate that up to 30
marijuana plants or so would be OK.

The fact that the court did not rule on exactly how many plants a
person could grow may well lead to different rules in different
counties; however, one of the goals of this ruling is to create a
greater sense of uniformity throughout the state in the manner in
which these cases are resolved, and I think it will.

In order to either win at trial or have one's case dismissed, all the
patient needs to do is to present a prescription or some sort of
medical authorization with respect to the marijuana. Clearly, the
state Supreme Court felt strongly about this issue, as the ruling was
unanimous. It is hoped that this now six-year-old law has finally been
clarified.

The bad news for medical marijuana users, however, is that they are
still not protected from federal prosecution. Federal decisions hold
that there are no medical exceptions to federal drug laws.
Fortunately, it is normally state police agencies who make arrests
pertaining to the use and cultivation of marijuana, so this is one of
those decisions that will really impact the way the law is implemented
and will dramatically affect people's lives.

All of this stemmed from the case of Myron Mower. Mr. Mower is
diabetic, and he was convicted of several felony charges for
possession and cultivation of a controlled substance, as 31 marijuana
plants were found at his residence. Mr. Mower contended that the
marijuana had been extraordinarily beneficial for him in stimulating
his appetite and in controlling his nausea, especially now that he is
in what is called end-stage diabetes. This ruling reversed Mr. Mower's
convictions.

I like this decision. However, like anything else, it is certainly
subject to being abused. I foresee many court hearings in the future
as to what constitutes a valid prescription or authorization. There
are many in the drug community who will find doctors who are willing
to write prescriptions, and I would not be at all surprised if the
most nefarious of drug dealers shows up with medical notes or
prescriptions authorizing their use of marijuana, even in cases where
it clearly looks like the cannabis is being grown for purposes of sale.

This may also lead to testimony as to what type of examination the
doctor did that led him to suggest or OK the use of marijuana, as a
court might have to determine the validity of the prescription.

While I see issues like this arising in litigation, I think that this
is a major step in aiding those who really suffer from tremendous pain
and have found relief from the use of marijuana. There are many people
who for years have claimed that marijuana is no worse for an
individual than alcohol; the only difference is that alcohol is legal.
For those people, their day is rapidly approaching.