Compassionate Use Act (Prop 215 - Medicinal Marijuana)

By Gary L. Lacy

I am commited to insuring that individuals who have a legitimate medicinal need are allowed protection under Prop 215.

The passage of Proposition 215 created a legal dilemma for law enforcement officers and prosecutors throughout the state of California, due to its conflict with federal law. While decriminalizing the cultivation, possession and use of marijuana for medical purposes in California, these acts are still violations of federal law. Law enforcement officials are bound by their oaths of office to uphold both state and federal laws. Additionally, the vague wording of Proposition 215 has not provided clear guidance with respect to the amounts of marijuana an individual may cultivate, possess or use, nor the types of illnesses for which marijuana would be appropriate. Further, while a prescription for other medications has requirements as to the dosage the patient should take, as well as an expiration date of the prescription, there are no such requirements for a medicinal marijuana recommendation. These factors have resulted in confusion and frustration as well as a lack of consistency in the application of this law throughout the state.

I am committed to insuring that those individuals who have a legitimate and appropriate medicinal need to use marijuana are allowed to do so within the intent of Proposition 215. To that end, I have initiated a series of meetings between district attorneys, heads of law enforcement agencies, and medical doctors from four neighboring counties in an effort to obtain input and guidance on this difficult legal issue. It is my hope and intent that in a cooperative effort between law enforcement and medical doctors, appropriate guidelines may be developed to meet the needs of the medicinal marijuana users as well as allowing law enforcement personnel to properly continue enforcement efforts against those who undertake to engage in illegal drug activity.