LA county MMJ patients

[can.i.buz]

Maybe, maybe not. Who knows and does it really matter?

(d) "Primary caregiver" means the individual, designated by a qualified patient or by a
person with an identification card, who has consistently assumed responsibility for the
housing, health, or safety of that patient or person, and may include any of the following:

(1) In any case in which a qualified patient or person with an identification card receives
medical care or supportive services, or both, from a clinic licensed pursuant to Chapter 1
(commencing with Section 1200) of Division 2, a health care facility licensed pursuant to
Chapter 2 (commencing with Section 1250) of Division 2, a residential care facility for
persons with chronic life-threatening illness licensed pursuant to Chapter 3.01
(commencing with Section 1568.01) of Division 2, a residential care facility for the
elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2,
a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with
Section 1725) of Division 2, the owner or operator, or no more than three employees who
are designated by the owner or operator, of the clinic, facility, hospice, or home health
agency, if designated as a primary caregiver by that qualified patient or person with an
identification card.

(2) An individual who has been designated as a primary caregiver by more than one
qualified patient or person with an identification card, if every qualified patient or person
with an identification card who has designated that individual as a primary caregiver
resides in the same city or county as the primary caregiver.

(3) An individual who has been designated as a primary caregiver by a qualified patient
or person with an identification card who resides in a city or county other than that of the
primary caregiver, if the individual has not been designated as a primary caregiver by any
other qualified patient or person with an identification card.

(e) A primary caregiver shall be at least 18 years of age, unless the primary caregiver is
the parent of a minor child who is a qualified patient or a person with an identification
card or the primary caregiver is a person otherwise entitled to make medical decisions
under state law pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code.

(f) "Qualified patient" means a person who is entitled to the protections of Section
11362.5, but who does not have an identification card issued pursuant to this article.

(g) "Identification card" means a document issued by the State Department of Health
Services that document identifies a person authorized to engage in the medical use of
marijuana and the person's designated primary caregiver, if any.

Theres the law in black and white. If you look at his case then it becomes blindingly obvious he was in the wrong

I agree. I'm just saying, I'm 100% as legal as I can be. Are you?

 

[AKRevo47]

Ive always been legal

 

[can.i.buz]

Are you saying does it matter if you're legal. Hell yes. How are we going to legalize this thing until we get people to understand it by standing up for it? Are you one of those people that are against legalization because you think it will hurt your bottom line?

 

[AKRevo47]

Are you saying does it matter if you're legal. Hell yes. How are we going to legalize this thing until we get people to understand it by standing up for it? Are you one of those people that are against legalization because you think it will hurt your bottom line?

Does it matter? Did you not notice the thousands of people on this board growing who are not? By growing and not being legal, isnt going to change a thing for the MMJ movement. I would like to see legalization but its something thats going to take time. Not to mention I have no bottom line since I only grow for myself

 

[can.i.buz]

Ive always been legal

That's good.

 

[can.i.buz]

Does it matter? Did you not notice the thousands of people on this board growing who are not? By growing and not being legal, isnt going to change a thing for the MMJ movement. I would like to see legalization but its something thats going to take time. Not to mention I have no bottom line since I only grow for myself

If everyone that could be legal was, it would really help imo. Right now it's the white elephant in the living room. No one wants to look at it. If people saw it growing around their neighborhood it would be sort of shocking. Why? It's a PLANT!

I like your avatar. What is that from?

 

[AKRevo47]

If everyone that could be legal was, it would really help imo. Right now it's the white elephant in the living room. No one wants to look at it. If people saw it growing around their neighborhood it would be sort of shocking. Why? It's a PLANT!

I like your avatar. What is that from?

I get what youre saying and I agree somewhat, but its not really realistic to think that. People are gonna do what people do. and yeah, it is just a plant. Big fuckin whoop! I wont get in the pot debate cuz we both know it should be legal.

Thanks! Its from a show called Superjail. Its really good and you should check it out sometime. I maybe a 'grown up' but I still love some cartoons!

 

[can.i.buz]

I get what youre saying and I agree somewhat, but its not really realistic to think that. People are gonna do what people do. and yeah, it is just a plant. Big fuckin whoop! I wont get in the pot debate cuz we both know it should be legal.

Thanks! Its from a show called Superjail. Its really good and you should check it out sometime. I maybe a 'grown up' but I still love some cartoons!

It looks like a trip I once had.

 

[can.i.buz]

Garden Grove Tried to Avoid Returning Cannabis to Patient

A California city's refusal to return less than $200 worth of cannabis to a qualified patient has now cost them at least a thousand times that. And they had to return the cannabis anyway.

As part of a settlement to resolve their unsuccessful challenge to the state's medical marijuana law, Garden Grove officials wrote a check for $139,000 in attorneys' fees to Americans for Safe Access, who represented the patient. That money is in addition to what the city spent fighting the case, estimated at in excess of $100,000.

"It's unfortunate that the City of Garden Grove felt it necessary to spend more than a quarter of a million dollars challenging a patient's right to his medicine," said ASA Chief Counsel Joe Elford. "Hopefully, other local officials will now do better upholding medical marijuana patients' rights under the law."

When officials in Garden Grove said they would not return the eight grams of cannabis seized from Felix Kha in June 2005, ASA filed suit. All charges against Kha had been dismissed because he was able to show that he is a qualified patient under state law, but city officials argued that returning his medicine would require them to violate federal law.

In a landmark decision, a superior court disagreed and ordered the city to return the cannabis to Kha, but Garden Grove appealed. A state appellate panel also found in favor of Kha, ruling that, "it is not the job of the local police to enforce the federal drug laws."

City officials then asked first the California Supreme Court and then the U.S. Supreme Court to reverse the decision, but both refused to review the case.

"This settlement is a huge victory for patients that underscores law enforcement's obligation to uphold state law," said Elford. "Better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. That protects patients from hardship and avoids wasting resources."

 

[can.i.buz]

While the Obama Administration has promised a new policy on prosecuting medical cannabis cases, California state senators are telling Washington they want to see new law.

Senate Joint Resolution 14, introduced by Mark Leno (D-SF), asks Congress and the President to do more than just end federal raids, intimidation, and other interference with state medical marijuana laws. The resolution asks that the federal government establish a comprehensive policy that ensures safe and legal access for patients as well as allow them a medical defense to federal marijuana charges. It also asks them to actively encourage clinical research on the therapeutic use of marijuana.

The resolution is consistent with ASA's national strategy to enact nationwide protections for patients and advance scientific research to fully unlock the therapeutic potential of cannabis.

"The U.S. is poised for a fundamental overhaul on medical cannabis policy," Said Don Duncan, ASA's California Director. "Our legislative strategy is diverse and multi-faceted, with success on any one of our goals likely to have profound, domino-like policy implications."

ASA is mobilizing its grassroots base of almost 40,000 members in sixty chapters and affiliates to change federal policy. In 2009 and 2010, ASA's efforts will be geographically targeted, and SJR 14 is an important part of that strategy.

 

[RedKasper]

What's up my peeps!

 

[can.i.buz]

For Immediate Release: July 1st, 2009
Landmark Ruling Issued on Collective Cultivation of Medical Marijuana
Appellate court protects collective cultivation and affirms civil actions by patients


Sacramento, CA -- The California Third District Court of Appeal issued a landmark ruling today on the right under state law of patients to collectively cultivate. The 2-1 appellate court decision stems from the case County of Butte v. Superior Court involving a private medical marijuana collective of 7 patients in Paradise, California. The nationwide advocacy group Americans for Safe Access (ASA) filed a lawsuit in May 2006 on behalf of 56-year-old David Williams and six other collective members after a 2005 warrantless search of his home. Williams was forced by the Butte County Sheriff to uproot more than two-dozen plants or face arrest and prosecution. Contrary to state law, which allows for collective cultivation, Williams was told by the Sheriff that it was not lawful to grow collectively for multiple patients.

"This ruling by the California Courts sends yet another strong message to state law enforcement that they must abide by the medical marijuana laws of the state and not the competing federal laws," said Joe Elford, ASA Chief Counsel and the attorney that litigated the case on behalf of Williams. Today's appellate court ruling affirmed this position by concluding that, "the deputy was acting under color of California law, not federal law. Accordingly, the propriety of his conduct is measured by California law."

The appellate court also stated that to deny patients protection from warrantless intrusions and seizures by law enforcement "would surely shock the sensibilities of the voters who approved [Proposition 215]." Especially worthy of note is the appellate court's assertion that the Compassionate Use Act of 1996 is not simply an affirmative defense to criminal sanctions, but "...we see an opportunity for an individual to request the same constitutional guarantee of due process available to all individuals, no matter what their status, under the state Constitution. The fact that this case involves medical marijuana and a qualified medical marijuana patient does not change these fundamental constitutional rights or an individual's right to assert them."

Today's appellate court decision upholds Butte County Superior Court Judge Barbara Roberts' ruling from September 2007, in which she states that seriously ill patients cultivating collectively "should not be required to risk criminal penalties and the stress and expense of a criminal trial in order to assert their rights." Judge Roberts' ruling also rejected Butte County's policy of requiring all members to physically participate in the cultivation, thereby allowing collective members to "contribute financially."

Even in his dissenting opinion, Court of Appeal Judge James Morrison stated that, "the United States Congress should reconsider its refusal to amend the federal drug laws to make reasonable accommodation for the 13 states that have enacted some form of compassionate use exception to their penal codes."

ASA was compelled to file the Williams lawsuit after receiving repeated reports of unlawful behavior by Butte County law enforcement, as well as by other police agencies throughout the state. After uncovering Butte County's de facto ban on medical marijuana patient collectives, ASA decided to pursue the case to show that collectives and cooperatives are protected under state law. "In addition to protecting patients' right to collectively cultivate, the Court has reaffirmed that medical marijuana patients enjoy the same constitutional rights as everyone else, including the ability to file civil rights actions when those rights are violated," continued Elford.

Further information:
Today's ruling by the California Third District Court of Appeal: http://AmericansForSafeAccess.org/downloads/Butte_Appellate_Decision.pdf
Information on Butte Case: http://AmericansForSafeAccess.org/Butte

 

[KaleoXxX]

hows it going can.i.buz.(by the way if you havent seen superjail yet, its exactly like a time you tripped), im diggin this thread, good news i would have never heard of presented by some one who is in the thick of it all. i just want evryone in california (and other mmj aproved states) to know how freakin lucky you are not to live in constant stress about where your stash comes from, what you pay for it, who you get it from and getting busted for an 1/8 or a baby plant. i have so much respect for someone who follows legal avinues to get provide there own medication. while i dont look down on some one who illegaly grows and gets their own (because its how ive got to do it) i belive it is wrong and i dont like breaking the law but ive been desensitized by how many times ive broken it.

some time soon i will move to california and start harvesting my own medicine. where i live now its so stupid the price and risk involved in getting and smoking a little bud. ive seen superhighme and i belive that what happened in the end of the movie (i guess this has happened several times) where federal DEA agents raid perfectly legal dispenceries for their crop. im no lawyer but i belive this is unconstitutional and illegal on their part. i remember a line of the constitution reading something like "the federal government shall not impose on state laws", has anything happened over there?

ive been researching californias laws regarding the subject for only a day and i agree that this charels whats his name was just trying to cut corners and earn money while suplying a DRUG and making a fast dollar without respect for the law. one year and one day is a reasonable charge seeing as how anyone else would spend years in jail for distribution of illegal substances, not legal suply of medication

i grow but i havent "cultivated" start to finish in a year or so. my cat has eaten my last 4 plants and now i have one seedling and 2 tomatto plants i am curently practicing lst on. the tomattos look really un healthy and other than too much mass rain i dont know what the problem could be. all i really want to do is grow my own stash and not have to wory about dealing with DRUG dealers and their bull shit. i want to attend oaksterdam U and take classes from cultivation to hash making to glass blowing (inspired by fdd).

i am interested in prosuing my passion legally and have been told i have 2 very good reasons to become a mmj patent, epilepsy and an eating dissorder like anorexia from habitual, daily smoking. i cant wait to make the trip out to calli once i have my life all squared away

 

[can.i.buz]

hows it going can.i.buz.(by the way if you havent seen superjail yet, its exactly like a time you tripped), im diggin this thread, good news i would have never heard of presented by some one who is in the thick of it all. i just want evryone in california (and other mmj aproved states) to know how freakin lucky you are not to live in constant stress about where your stash comes from, what you pay for it, who you get it from and getting busted for an 1/8 or a baby plant. i have so much respect for someone who follows legal avinues to get provide there own medication. while i dont look down on some one who illegaly grows and gets their own (because its how ive got to do it) i belive it is wrong and i dont like breaking the law but ive been desensitized by how many times ive broken it.

some time soon i will move to california and start harvesting my own medicine. where i live now its so stupid the price and risk involved in getting and smoking a little bud. ive seen superhighme and i belive that what happened in the end of the movie (i guess this has happened several times) where federal DEA agents raid perfectly legal dispenceries for their crop. im no lawyer but i belive this is unconstitutional and illegal on their part. i remember a line of the constitution reading something like "the federal government shall not impose on state laws", has anything happened over there?

ive been researching californias laws regarding the subject for only a day and i agree that this charels whats his name was just trying to cut corners and earn money while suplying a DRUG and making a fast dollar without respect for the law. one year and one day is a reasonable charge seeing as how anyone else would spend years in jail for distribution of illegal substances, not legal suply of medication

i grow but i havent "cultivated" start to finish in a year or so. my cat has eaten my last 4 plants and now i have one seedling and 2 tomatto plants i am curently practicing lst on. the tomattos look really un healthy and other than too much mass rain i dont know what the problem could be. all i really want to do is grow my own stash and not have to wory about dealing with DRUG dealers and their bull shit. i want to attend oaksterdam U and take classes from cultivation to hash making to glass blowing (inspired by fdd).

i am interested in prosuing my passion legally and have been told i have 2 very good reasons to become a mmj patent, epilepsy and an eating dissorder like anorexia from habitual, daily smoking. i cant wait to make the trip out to calli once i have my life all squared away

Good luck in your quest Kaleo. It's been my experience that the friendliest people I've met are in LA, but that's me. You will find lots of help out here. And yes, I thank my lucky stars everyday to be living in this place and the freedoms we enjoy as much as we like to bitch about the bad stuff. I'm committed to making a positive change however I can.