Marijuana Laws in California: The Truth Behind the Smoke-screen
Posted on March 1, 2008
Filed Under Criminal Law, Drugs |
Throughout California, and especially in Los Angeles, Marijuana laws are an ever changing area. Although California’s laws on pot are much more liberal than most other states, the penalties, restrictions and punishments can shift yearly, and sometimes even differ from city to city.
For example, it was recently reported that a new type of vending machine in Los Angeles distributes pot. The machine requires a fingerprint identification and a card with a magnetized strip on it. Marijuana for medical use is legalized, however the state of California and the federal government disagree over use, distribution and other matters regarding the drug.
California tends to be one of, if not the, most progressive states in terms of the law. Part of California’s industrial makeup includes the adult film industry, and their drug laws are no different. Government officials tend to take a variety of stances on the subject of marijuana, making the laws even more complex. Governor Schwarzennegger recently stated that Marijuana isn’t a drug, it’s a leaf.
Many doctors across the state urge the easing of laws in California which make the medicinal use of the drug illegal. Marijuana is used by some cancer patients to help deal with the pain they go through, as the drug’s affects help ease the pain and make the patient more comfortable. However, many law makers believe that legalizing Marijuana for medicinal purposes will only lead to the wholesale legalization of this drug and potentially other drugs as well. While a variety of doctors and medical professionals argue that lawmakers against legalization are ignoring science, the debate continues.
Because of the varied levels of legality regarding this issue, punishment and enforcement are erratic from city to city, and even within cities. The City of Fullerton banned pot clinics within city limits. This wouldn’t seem too crazy, if not for the fact that California citizens voted to allow the legalization of marijuana for medical use.
Here are some examples of how widely interpreted the laws are:
The Drug Enforcement Administration (DEA) notified landlords that if they rent to people who grow medical marijuana, they could have their property foreclosed on and face 20 years in jail.
While there is currently proposed legislation in the California Assembly to protect citizens, people can be fired from their jobs if found using medical marijuana.
The penalties, fines and jail time for marijuana possession can be harsh:
Any individual found to possess concentrated cannabis (pot) can receive up to a year in jail and/or a $500 fine.
People with less than 28.5 grams of cannabis will be prosecuted less than people with more than 28.5 grams of pot.
Intent to distribute marijuana not only increases fines, but jail time as well, which is why seemingly arbitrary amounts carry greater time of incarceration. For example, if an individual was arrested with one joint, they could face a fine, and possibly a brief time in jail. However, if thirty or forty joints were found, or 100 ounces were found, that would lead to a felony due to “intent to distribute” the marijuana and lead not only to jail time but a potential strike according the California’s laws.
In California, it is legal (according to the state) to buy, distribute or grow marijuana with a license, but illegal to transport it.
So, the governments of the State of California and the United States are battling over the issue, cities are battling over the issue and even politicians are battling over the issue. There are organizations devoted to the legalization of the substance, but they aren’t legal themselves. According to certain studies, 20 million Americans admitted to smoking Marijuana in the past year, and 80 million have admitted to having smoked at any point in their lives. This issue isn’t going away, and it won’t get any less complex in California.
In spite of the legal issues, here are some tips:
1. Growing Marijuana can land serious jail time, this is far worse than buying or distributing the substance.
2. “Intent to Distribute” is a serious offense and can carry serious jail time.
3. Purchasing Marijuana probably won’t carry too hefty of a jail term, unless of course the quantity is very high or the offense is found in conjunction with other offenses.
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2 Responses to “Marijuana Laws in California: The Truth Behind the Smoke-screen”
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It’s tough to enforce laws such as these. Having lived in LA for 4 years, it wasn’t hard to get a license to purchase marijuana for medicinal uses such as severe menstrual cramps, chronic back pain, etc.
Marijuana should honestly be the least of the governments concern. The drugs we need to worry about regulating are the ones that are ending lives on a daily basis.
I get so frustrated when I see the “don’t smoke pot” ads on television. Pot isn’t a gateway drug- it isn’t the downfall of society. Start worrying about the true killers- amphetimines, ecstacy, the drugs that are attracting the youth these days.
Marijuana is an herb not a drug. It has only been classified as a drug to allow the Federal government to control it. Marijuana has enabled me to recover from a far more serious and prolific drug, Alcohal. 45 years a born alcohalic, now thanks to the non addictive herb, pot, I am 6 years sober. POT IS SAFE. BOOZE WIPES OUT FAMILYS and kills people every minute. WAKE UP AMERICA, SMOKE A JOINT, BE HAPPY, GET OFF THE BOOZE, YOUR FRIENDS AND FAMILY WELL LIVE LONGER!