The Second Appellate District Court of Appeals
Are California Lawmakers Lost in the Clouds?
July 12, 2012 blogger Americans For Safe Access, California, california supreme court, cannabis, caregivers, dispensaries, Joe Elford, Long Beach, medical marijuana, Medicial Marijuana, News & Articles, pot, Proposition 215, San Leandro, Social Security, Stop Smoking Marijuana, Stop Smoking Pot, The Second Appellate District Court of Appeals, weed, 0
Although it is often medical marijuana patients and advocates who are accused of hazy judgment, recent legal developments have us wondering how clearly those in power are thinking. With conflicting decisions and a poor medical marijuana system that was never properly regulated, patient’s safe access has been seriously compromised.
Lawmakers have acted lazy and lethargic when it comes to regulating California’s medical marijuana program. Instead of basing decisions upon research and information, they never checked on how the program is being run or made changes. Now that the system is not functioning as they would like, many are trying to dismantle it. How would Social Security fare if we never monitored or adjusted during its 70 year lifespan? The difficult task is actually analyzing what works, speaking with law enforcement, legitimate dispensary workers, lawyers, and patients in order to determine the proper course of action. After 16 years, California is in desperate need of re-reforming its cannabis laws. Patients are confused as to where they can seek relief.
Despite the guarantees of “Safe Access” outlined in Proposition 215, many municipalities have taken it upon themselves to interpret the legal language as it suits them. Legal experts have witnessed a series of confusing rulings, with the most recent ruling having been issued approximately a week and a half ago. The July 2nd ruling by The Second Appellate District Court of Appeals stated that city municipalities do not have the right to outlaw marijuana dispensaries. The ruling is being applauded by many marijuana advocates and patients. It appears to have at least delayed some of the pending dispensary bans in places such as Long Beach and San Leandro. Joe Elford of Americans for Safe Access said “The court of appeal could not have been clearer in expressing that medical marijuana dispensaries are legal under state law, and that municipalities have no right to ban them.” All eyes will now turn to the California’s Supreme Court as they will be taking up the issue after the new year and will hopefully end the legal guessing game.
The lawsuits and pending court cases could have been avoided had California’s elected officials taken some sort of initiative on this issue. After Dennis Peron fought for the right for patients to medicate, California became the first state to permit medical marijuana. Did anyone think that a hands off program for the first legal cannabis state would just govern itself? It is time for our representation to get their heads out of the clouds and do their job, even if that requires actual work and thinking.
Americans For Safe Access, California, california supreme court, cannabis, caregivers, dispensaries, Joe Elford, Long Beach, medical marijuana, News & Articles, Pot, Proposition 215, San Leandro, Social Security, The Second Appellate District Court of Appeals, Weed
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