MEDICAL MARIJUANA LAWS

Despite federal law, medical marijuana laws have been enacted in some states allowing patients battling illnesses such as AIDs, cancer, glaucoma and multiple sclerosis the ability to grow and use marijuana for treatment purposes.

Medical Marijuana Laws by State

Medical marijuana laws differ from state to state. Currently, there are 13 states that have enacted laws allowing patients to use marijuana as a form of treatment, despite federal law. Each of the 13 states has effectively passed medical marijuana laws, removing criminal penalties for patients who grow, use, and possess cannabis strictly for medicinal purposes. Under such state law, patients can legally grow their own marijuana, or get it from a caregiver or a licensed provider.

Maryland Medical Marijuana Laws

A 14 th state, Maryland, also has medical marijuana laws, which makes it easier for patients to grow and use cannabis as part of their treatment. In Maryland, patients caught with possession of marijuana are protected from jail time, but may still have to pay fines.

How Medical Cannabis Laws Were Enacted

Nine of the 13 states that have removed the criminal penalties for ill patients enacted their marijuana laws through what is known as a ballot initiative process. These states are:

• Alaska
• California
• Colorado
• Maine
• Michigan
• Montana
• Nevada
• Oregon
• Washington

State legislators in Hawaii, New Mexico, Rhode Island and Vermont passed the medical marijuana laws in their states.

Some Local Officials Crack Down

Even though these states have passed medical marijuana laws, it doesn’t mean it is a free for all. In some states, local officials continue to tighten their belts when it comes to violating the law. For instance, local officials in California have publicly announced that they plan to crack down on medical marijuana dispensaries. Steve Cooley, the Los Angeles, CA District Attorney, made a public announcement in October 2009, stating that he plans to crack down on local dispensaries that are making a profit on medical marijuana sales.

Los Angeles is home to hundreds of dispensaries. Cooley says these moneymaking storefronts are violating a 1996 voter initiative, the Compassionate Use Act. According to local law enforcement some of the dispensaries are making as much as $30,000 a month.

1996 Compassionate Use Act

The Compassionate Use Act was a ballot proposition in California regarding use of marijuana for medical purposes. It passed with 55.6 percent of the votes. The voter initiative allows patients and Caregivers with valid recommendations from their doctors to cultivate (grow) and possess cannabis for their own private use. Restrictions limit the legal amount. The law was expanded in later years, providing protection for a growing system of collective and cooperative distribution.

Complex Body of Law

The laws in each state, particularly in California, have caused some confusion. As a complex body of law, it is important to consult with an experienced medical marijuana attorney who understands how the laws in your specific state work.

If you’ve been arrested for growing, possessing or distributing pot, you should be fully aware of your legal rights. Contact an experienced criminal defense attorney at Imhoff & Associates who is on your side.