Enforcing Marijuana Crimes in California

Abstract

The passing of California's Proposition 215 also known as the Compassionate Use Act of 1996, marijuana is now legal to possess with a valid medical need and doctor's recommendation. Marijuana is often prescribed for people suffering from chronic pain, and nausea/appetite problems related to AIDS and cancer treatments. California contradicts federal law where marijuana is illegal without exception. Those growing and selling marijuana now have a possible defense, as some doctor's are willing to generously recommend marijuana use. Local Law Enforcement is working with federal agencies to try and put a stop to those abusing the law, however this conflict in law is very challenging for both law enforcement and those with a valid medical need for marijuana use.

Introduction:

Marijuana has a long history of uses, and still holds some valid medical benefits. Marijuana has been prohibited in all states, because of federal law, but in 1996 California Voters passed the Compassionate Use Act, which allowed for legal possession of marijuana with a doctor's recommendation. Now California Law directly conflicts with Federal Law, and State and Local Law Enforcement now have no ability to act as long as the marijuana is possessed within the new law. As the struggle between the Federal Government and California State Legislature continue Law Enforcement in California must adapt constantly to the changing laws regarding marijuana. This new change in law brings with it a new sense of entitlement for those now allowed to possess marijuana and undercuts Law Enforcement's ability to slow the traffic and sale of marijuana.

Literature Review:

Bonnie, R & Whitebread, C., (1970). Virginia Law Review. The Forbidden Fruit and the Tree of Knowledge: An Inquiry into the Legal History of American Marihuana Prohibition. Retrieved February 22, 2009 from http://www.druglibrary.org/schaffer/library/studies/vlr/vlrtoc.htm

As a review of past laws pertaining to marijuana (marihuana) this is a history of the evolution from a textile ingredient, to an intoxicant and finally a medicine. The Virginia Law Review examines law and court decisions from both sides of the issue that have contributed to today's current climate surrounding marijuana use.

Williams, M. (2007, August). Medical Marijuana Program Begins in El Dorado County. Healthy People Living in Healthy Communities in El Dorado County. Retrieved January 19, 2009, from http://co.el-dorado.ca.us/publichealth/PressReleases/2007/Medical_Marijuana_Program_Begins_In_EDC_August_14_2007.html

In 2004, El Dorado County (California) established the Medical Marijuana Program for the oversight of the recent passing of California's Compassionate Use Act for medical marijuana. This is an example of one local government's take of the new state laws regarding medical marijuana. This program required a card describing the medical need and a physician's approval. To qualify for the program a patient must be 18 or older have a serious medical condition for which a physician has recommended marijuana as treatment.

California Medical Marijuana Information. California Department of Justice. Retrieved January 19, 2009, from http://www.usdoj.gov/dea/ongoing/calimarijuana.html

The California Department of Justice has put together some facts the show some of the flaws in the current law as it is written. The DOJ urges caution to those seeking a doctor's recommendation so they can use marijuana for recreational purposes without fear of prosecution. This is a law enforcement site and makes it clear that marijuana is still illegal in all federal courts and frequently in California.

(March, 1972). Marihuana: A Signal of Misunderstanding. National Commission on Marihuana And Drug Abuse. Retrieved February 22, 2009, from http://www.druglibrary.org/schaffer/Library/studies/nc/nc1b.htm

The National Commission of Marijuana and Drug Abuse is part of a report commissioned by President Richard Nixon in 1972. A portion of this report examines all the possible benefits of marijuana and the reasons for its current prohibition. This report also looks at the history of Marijuana's use for medical reasons and also as an intoxicant.

(November, 1996). Proposition 215 and You. Drug Policy Alliance. Retrieved January 19, 2009, from http://www.drugpolicy.org/library/cmrguide.cfm

The Drug Policy Alliance is created to educate those who may be seeking marijuana for recreational use and also those may have a valid medical need. According to this source marijuana can be useful in reducing nausea in cancer patients, increasing appetite, reducing eye pressure in glaucoma patients and reducing muscle spasms in those suffering from chronic pain. The Drug Policy Alliance also urges caution and stresses that marijuana should only be used for those with a serious need and those planning to take advantage it this law will be prosecuted.

To better understand the conflict over marijuana, you must first understand its history of uses in United States culture. Marijuana (marihuana) also known as cannabis is a green leafy plant. "The flower buds of the marijuana plant contain a high concentration of THC a compound that has an intoxicating property," (Williams 2007). According to the 1972 National Commission on Marihuana And Drug Abuse report, marijuana has a long history of uses and has only in the last century become prohibited in United States law. The NCMDA reports that Marijuana has been cultivated for centuries in the United States and has been used in making rope, heavy-duty canvas material and the seeds have even been used as bird food for many years without record of marijuana ever being used as an intoxicant. With such an extensive history of textile use, marijuana had become part of the American culture, although for different reasons then today. "Americans who were stationed in the Panama Canal Zone, are reported to have been using it (for intoxication) by 1916," (NCMDA 1972). As marijuana moved from a useful plant to an intoxicant, the view of the United States Government would change also.

"The first assertion of federal authority over marijuana use was the Marihuana Tax Act, passed in 1937," (Bonnie & Whitebread 1970). While the tax did not prohibit the use of marijuana, it was the beginning. According to Bonnie & Whitebread, marijuana use did not become fully demonized until the 1950's, and into the 1960's when a significant percentage of the population used marijuana as an intoxicant. By the middle