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Medical Marijuana Restrictions

Posted by attorney Randy Collins
Filed under: Personal injury

On November 5, 1996, a historical date for the cannabis culture community, Proposition 215, which removes state-level criminal penalties on the use, possession, and cultivation of cannabis by patients who possess a written or oral recommendation from their physician that he/she would benefit from medical cannabis, was passed. In the state of California, there is an estimated 2,100 dispensaries, co-operatives, and wellness centers within the sector of business, called, “cannabusiness." According to Wikipedia, this is more than all the Starbucks, McDonald’s, and 7-Eleven outlets in the state combined.

But gradually, voters opposing Proposition 215, also known as the Compassionate Use Act, are taking steps to have this law repealed.

Metropolitan News Enterprise reports that the California Supreme Court agreed on Thursday to review three Court of Appeal decisions dealing with medical marijuana use under California’s Proposition 215: Pack v. Superior Court (2011) 199 Cal.App.4th 1070, City of Riverside v. Inland Empire Patient’s Health and Wellness Center Inc. (2011) 200 Cal.App.4th 885, and People v. G3 Holistic, E105663.

In the Pack v. Superior Court case, the Court of Appeal ruled that medical marijuana collectives were partially exempt by federal law. According to the federal Controlled Substances Act, “as far as Congress is concerned, there is no such thing as medical marijuana." The other two cases ruled that through cities and their land use powers can completely ban collectives.

For San Diego, the county’s year-old restrictions limit collectives to industrial areas and prohibit them from operating within 1,000 feet of recreational areas like parks, churches, homes, schools, libraries, and other medical marijuana facilities. An $11,000 annual fee for collective operators was, also, later approved, reports San Diego’s Union Tribune.

The ordinance prohibits medical cannabis users to belong to more than one collective. Violators may be prosecuted for misdemeanors.

With new laws passed on a nearly frequent-basis to restrict the use of medical marijuana, be sure you are in the know of what's going on with medical marijuana and the possession of the substance in the legislative world. Please feel free to contact us at for more in-depth counseling on the issue.

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