California Appellate Court Overturns Medical Marijuana Dispensary Laws
By Blake Bunch | 02/06/2013 | California, Drugs, Headline, Issues, Legislation, Role of Government | 9 Comments
Credit: pe.com
The Second District California Court of Appeals ruled on Tuesday that Long Beach County’s medical marijuana dispensary ban violates federal law. Tweet it: Tweet
Though highly symbolic, this will induce Los Angeles County to reevaluate its regulations regarding dispensaries. As it now stands, there are three medical-marijuana related measures on the May ballot, and the city is looking to elect a new mayor.
This issue poses a major transformation regarding legislation for one of the largest counties in southern California.
The three-judge panel stated, “authorizing the sale of marijuana is in direct conflict of the federal Controlled Substances Act.” Under the Controlled Substances Act, the distribution of marijuana is illegal, but in California, it is legal for medical marijuana cardholders to have the substance on their person.
According to the LA Times, key cities for medical marijuana dispensaries, such as Oakland and San Francisco, have permit-based ordinances that allow officials to decide who can sell marijuana. This system allows them to charge high fees to those operating dispensaries, and also to regulate the “pot shops” more effectively.
Prior to the case Kelly v. California, medical marijuana card holders in California could possess up to eight ounces of “usable” marijuana, as well as cultivate six “mature” or twelve “immature” plants.
This case sparked controversy back in January of 2010, when the Supreme Court of California was charged with the task of determining whether the possession limits set forth by SB 420 violated the California constitution. When Proposition 215 (the Compassionate Use Act), was voter-approved, the court determined that individuals prescribed medical marijuana could possess “the amount needed for a patient’s personal use.”
The courts, however, have found that since the proposition was voter-approved, it would need to go before voters for any amendments to legislation.
California Supreme Court to Hear Dispensary Arguments
Starting on Tuesday, the California Supreme Court began to hear arguments to determine the constitutionality of zoning laws to ban medical marijuana dispensaries. To commence the hearings, the Court heard arguments from attorneys representing Riverside County, as well as attorneys representing the Patient’s Health and Wellness Center (a major dispensary in the Inland Empire). Tweet it: Tweet
This ruling will be binding to all counties throughout the state. According to Americans for Safe Access, a medical marijuana advocacy group, more than 175 cities and 20 counties have banned medical marijuana dispensaries. Tweet stat: Tweet
“This is in conflict with decisions in other courts,” said ASA San Diego attorney Michael McCabe. “It’s still up in the California Supreme Court, so most likely this will be put on hold until they decide [the] issue for [the] entire state.”
The issue at hand is that Proposition 215, though it allows for medicinal use of marijuana, does not prohibit counties from creating zoning ordinances against dispensaries. This is what the state Supreme Court will be weighing in throughout the week.
Aside from Colorado and Washington, dispensary regulation across states is truly all over the board. Nearly all states in the southeast of the US, or the Midwest for that matter, do not permit medical marijuana dispensaries to any degree.
With zoning legislation on the line, California counties should experience a knock-on effect throughout the state. The ruling should provide comprehensive impact on medical marijuana dispensaries, in that regulation varies tremendously in each county.
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9 Comments
Alex Gauthier
02.06.2013
@alexg
so true that marijuana regulations are all over the place. it seems like there’s conflict at every level, local, state, and federal. Perhaps changing the federal law will be the most effective
Denise Scott
02.06.2013
I think that like the restrictions many states are putting on abortion, there is a discrimination issue when the actual effect of the restrictions make a constitutionally protected activity inaccessible.
Denise Scott
02.06.2013
It is the same argument many businesses use against local, state and federal laws that regulate business activities.
Christopher Smith
02.06.2013
God we pray. For all of those that have been mislead now suffering the effects of THC use.
Marijuana side effects
What are the short-term side effects of Marijuana use?
Side effects of marijuana use will be variable from person to person, depending upon strength and amount of marijuana used and if the user is occasionally or chronically exposed to THC. The short-term effects of marijuana use include problems with memory and learning; distorted perception (sights, sounds, time, touch); difficulty in thinking and problem solving; loss of coordination and motor skills; increased heart rate, anxiety, bloodshot eyes, dry mouth. Reaction time may be impaired while driving. Panic attacks, paranoia and psychosis may occur acutely and be more common in psychiatric patients.10. For chronic users, the impact on memory and learning can last for days or weeks after its acute effects wear off.1 Marijuana may be cut on the street with more dangerous substances that may lead to more serious side effects.
THC in marijuana is strongly absorbed by fatty tissues in various organs. Generally, traces of THC can be detected by standard urine testing methods several days after a smoking session. In heavy chronic users, traces can sometimes be detected for weeks after they have stopped using marijuana.
What are the long-term side effects of Marijuana use?
People who smoke marijuana often have the same respiratory problems as cigarette smokers. These individuals may have daily cough and phlegm, symptoms of chronic bronchitis, and more frequent chest colds. They are also at greater risk of getting lung infections like pneumonia. Marijuana contains some of the same, and sometimes even more, of the cancer-causing chemicals found in cigarette smoke. A study from 2009 suggests that regular and long-term use of marijuana may increase the risk for testicular cancer.
When people smoke marijuana for years they can suffer negative consequences. For example, because marijuana affects brain function, the ability to do complex tasks could be compromised, as well as the pursuit of academic, athletic, or other life goals that require you to be 100 percent focused and alert. Long-term abuse of marijuana may lead to addiction.
Marijuana also may affect mental health. Studies show that early use may increase the risk of developing psychosis (a severe mental disorder in which there is a loss of contact with reality) including false ideas about what is happening (delusions) and seeing or hearing things that aren’t there (hallucinations), particularly if you carry a genetic vulnerability to the disease. Also, rates of marijuana use are often higher in people with symptoms of depression or anxiety.2
Effects of Marijuana On Other Organs
Effects on the Heart
Shortly after smoking marijuana the heart rate increases drastically and may remain elevated for up to 3 hours. This effect may be enhanced if other drugs are taken with marijuana. One study has suggested that the risk of heart attack may increase by up to 4.8-fold in the first hour after smoking marijuana.11 The effect may be due to the increased heart rate, as well as altered heart rhythms. The risk of heart attack may be greater in those with specific risk factors such as patients with high blood pressure, heart arrhythmia, or other cariac disease.
Effects on the Lungs
After smoking marijuana, the bronchial passage relaxes and becomes enlarged, and the blood vessels in the eyes expand making the eyes look red. Studies have shown that marijuana smoke contains 50-70 percent more carcinogenic hydrocarbons than tobacco smoke, and is an irritant to the lungs. Marijuana users tend to inhale more deeply and hold their breath longer than tobacco smokers do, which further increase the lungs’ exposure to carcinogenic smoke. Marijuana smokers can have many of the same respiratory problems as tobacco smokers, such as daily cough and phlegm production, more frequent acute chest illness, and a heightened risk of lung infections.[1] A case-controlled study from 2006 found no links between marijuana use and lung cancer, but no evidence-based consensus has been definitively made on the absolute risk of lung cancer with marijuana use.12
Effects of Heavy Marijuana Use on Social Behavior
Heavy marijuana abuse may show low achievement in important life measures including mental and physical health, and career. Marijuana affects memory, judgment and perception. Learning and attention skills are impaired among people who use it heavily. Longitudinal research on marijuana use among young people below college age indicates those who use marijuana have lower achievement than the non-users, more acceptance of deviant behavior, more delinquent behavior and aggression, greater rebelliousness, poorer relationships with parents, and more associations with delinquent and drug-using friends.
Smoking marijuana can make driving dangerous. The cerebellum is the section of our brain that controls balance and coordination. When THC affects the cerebellum’s function it can cause disaster on the road. Research shows that drivers have slower reaction times, impaired judgment, and problems responding to signals and sounds if driving while under the influence of THC.2
Addictive Potential
A drug is addicting if it causes compulsive, uncontrollable drug craving, seeking, and use, even in the face of negative health and social consequences. Research suggests that roughly 9 percent of users become addicted to marijuana, with higher rates if the user starts at a young age (17 percent) and in those who use marijuana daily (25-50 percent). While not everyone who uses marijuana becomes addicted, when a user begins to seek out and take the drug compulsively, that person is said to be dependent or addicted to the drug.
Long-term users who try to quit could experience withdrawal symptoms such as sleeplessness, irritability, anxiety, decreased appetite and drug craving. Withdrawal symptoms usually begin about a day after the person stops using marijuana, peaks in 2 to 3 days and may take about 1 to 2 weeks to subside.
Some heavy users develop a tolerance to marijuana; meaning that the user needs larger doses to get the same desired results that he or she used to get from smaller amounts.1
Thom Evans
02.07.2013
There are side effects with any drug.
Thom Evans
02.07.2013
There are side effects with chronic internet use. You’re coming Tom the stigma angle. Remember, it has been used by midwives for 100′s of years to treat preeclampsia and even used as part of the temple incense of Ancient Israel.
Thom Evans
02.07.2013
*coming FRom…
Marcy Bauer
02.07.2013
It’s the only thing that has worked to take the edge off of the nausea and agonizing pain a relative suffers when going through her now fourth fight against cancer. She’s worked hard her entire life, poisoned by the metals mine in her town, and now just trying to stick around and not be miserable for a few more years to watch grandkids grow.
San Francisco moving
04.26.2013
This is a great tip particularly to those fresh to the blogosphere.
Short but very precise info… Thank you for sharing
this one. A must read article!