California medical marijuana news update

It has been quite an eventful summer for medical marijuana policy in California! There are three recent statewide developments that should be of interest to medical marijuana patients and advocates:

California patients win major legal victory

California's compassionate medical marijuana laws recently received major vindication in the courts. In the case County of San Diego v. San Diego NORML, et al, San Diego County — along with San Bernardino County — sued the state in an attempt to overturn most of the provisions of the state's medical marijuana laws. Both counties refused to comply with state law by issuing ID cards to qualifying patients and caregivers and asserted that doing so would violate federal drug laws, which ban all marijuana use.

The California Attorney General's Office argued that for counties to issue ID cards to medical marijuana patients is not a violation of any federal law and that failure to do so would amount to a violation of state law. Patient advocacy group Americans for Safe Access, the American Civil Liberties Union, and the Drug Policy Alliance all intervened in the case on behalf of patients.

After the trial court ruled against the county and upheld the state's medical marijuana laws, the county appealed to the Fourth District Court of Appeals. On July 31, 2008, the appeals court unanimously upheld the lower court's decision that federal law does not preempt the ID card program. It ruled that the counties did not have legal standing to challenge the other aspects of the state's medical marijuana laws.

Both counties have decided to seek an appeal in the state Supreme Court.

The state ID cards are voluntary for patients and caregivers but prove very helpful during law enforcement encounters. The county-issued ID cards offer legal protections from arrest anywhere in California, while physician recommendations and private ID cards do not.

Visit the California medical marijuana program Web site to find out more about the ID cards and how patients and caregivers can apply for them.

If you live in a county that isn't issuing the cards, contact me at asmith@mpp.org to find out how you can help bring this important program to your area.

Patient employment rights bill advances

A.B. 2279, state legislation that would protect medical marijuana patients from being terminated or denied employment for testing positive for marijuana, will soon reach Gov. Schwarzenegger's desk. Both houses of the legislature have approved A.B. 2279 — authored by Assembly Member Mark Leno (D-San Francisco) and sponsored by Americans for Safe Access. Because it was amended in the Senate to exclude caregivers from exemptions for drug testing, the bill needs to go to conference committee in its house of origin (the Assembly) for final approval before being sent to the governor.

Stay tuned for future e-mail alerts to find out how you can help MPP and our allies to pressure Gov. Schwarzenegger to sign this bill into law.

Attorney General's Office issues medical marijuana guidelines

Earlier this week, California Attorney General Jerry Brown issued "Guidelines for the Security and Non Diversion of Marijuana Grown for Medical Use," which seek to clarify the state's medical marijuana law for patients, caregivers, dispensing collectives, and law enforcement personnel.

The guidelines note that, under existing law, collectives and cooperatives of patients and caregivers are allowed, but that they may not operate forprofit. They also include recordkeeping guidelines and provide that marijuana cannot be obtained from sources other than patients and caregivers who are part of the collective. The Attorney General also made recommendations that should help prevent the arrest of bona fide patients, including a recommendation that state and local law enforcement officers "not arrest individuals or seize marijuana under federal law" if they determine that the activity is protected by state law.

Click here to download a PDF copy of the guidelines.

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