California State Medical Marijuana Patient Identification

According to the United States General Accounting Office (GAO), Western state medical marijuana laws have failed to penetrate widespread use or prescription of the drug. The inquiry had shown that only about 2,454 people (.05 % on average of all Alaska, Hawaii, and Oregon residents) were registered with their state governments to treat about a dozen ailments with marijuana. The GAO report had also shown law enforcement officials in four of the states that have their independent state medical marijuana laws, allowing medical use of marijuana say the laws have had minimal impact on fighting crime, although they at times complicate prosecution of drug cases.

There has not been a state registry to tally the official number of authorized medical marijuana users. However, using data collected from four Northern California counties, GAO researchers has found that about .31 % of the collective population, or 4,598 people, were registered to use marijuana for medical reasons. Then again, according to Paul Jones, director of the GAO’s Justice Issues division, there has not been a way to know exactly how many people are eligible to use medical marijuana.

On the other hand, partial disease statistics, as defined in each state medical marijuana law and gathered from some state and local health departments, indicate that the number could be far greater than current registration figures.

Take for instance, in Oregon, 1,691 people are officially registered to use cannabis to treat 10 illnesses ranging from cancer and AIDS to nausea under the provisions of state medical marijuana laws. However, figures from Oregon Public Health Services have shown that there were 18,264 new cancer patients in 1999 and a total of 1,892 cumulative AIDS cases statewide. This entails that there are about 10 times more people eligible to use medical marijuana when considering just one-fifth of diseases defined in Oregon’s law.

Dr. Frank Lucido of Berkeley said those numbers can be deceiving. According to Lucido, many prefer to keep away from the books in fear of being arrested and harassed by authorities. The doctor further stated that, “I’m sure that not everybody registers.” Thus, most doctors and physicians are less likely to recommend marijuana to a patient for fear that the state medical board would launch an investigation into their practice although under state medical marijuana laws, physician are allowed to recommend marijuana.

The Bellevue medical marijuana clinic has been operated by The Hemp and Cannabis Foundation for a few years now. In 1998, voters had passed a state medical marijuana law stating that qualified patients and caregivers may not be sanctioned in state courts for cultivating or using medical marijuana. The state medical marijuana law has given a limit of a 60-day supply for patients and does not allow the sale of marijuana. The medical conditions qualified under such state medical marijuana law include glaucoma, cancer, hepatitis C, HIV, Crohn’s disease, multiple sclerosis, intractable pain, and epilepsy among others.

A lawyer advocating on behalf of medical marijuana patients, Douglas Hiatt claims that patients are finding their way to acquire marijuana. For the past several years, patients and caregivers have sorted services that would satisfy their need for medical marijuana. As he was asked about Bellevue clinic of The Hemp and Cannabis Foundation, he just said that it was just another capitalist.

In reality, if one enters the Bellevue clinic, no examining tables may be seen considering it is a medical marijuana clinic. There are only several chairs, pens, and file folders. Owners of the medical marijuana clinic claim that those are the only things you need. Paul Stanford, president of a nonprofit medical marijuana clinic in Washington, Oregon, Hawaii, and Colorado, devised the medical marijuana clinic. He said that they have already sufficient experience in medical marijuana clinics considering they have seen 14,000 patients in their 4 years of operation.

Stanford has been an advocate of marijuana since 1980s. He said he realized that many doctors seem to be doubtful of the uses and effects of marijuana. The medical marijuana clinics of Stanford do not provide medical marijuana. However, they offer doctor’s recommendation letters to qualified patients and their caregivers as provisioned under the state medical marijuana law. The doctors of his medical marijuana clinics see an average of 30 to 40 patients daily although his clinics are open for just one or two days a week.

His clinics have standard procedures for patients. First, patients should be able provide them with medical records proving they have been diagnosed with one of the illnesses or conditions under the law. Paperwork is then filled out and a video is presented to provide patients with information ranging from cultivating marijuana to making a marijuana vaporizer. Then, a nurse conducts a brief physical check on the patients. Dr. Orvald finally examines the patient and confirms whether the patient has standing diagnosis covered under the provisions of the law. Orvald writes a recommendation letter stating that the patient could be treated or eased by medical marijuana. Depending on the income of patients, the clinics of Stanford usually charge $150 to $200. Those patients with low income are free of charge.

Apart from these, patients are provided with a list of organizations or medical marijuana clinics/dispensaries that may help them acquire medical marijuana. The clinics of Stanford do not recommend patient-run clubs such as Emerald Cross, The Wormhole, and Green Cross. These are co-ops, which do not disclose their manner of operations opposing provisions under state medical marijuana laws.

The state medical marijuana laws Compassionate Use Act (CUA) and the Medical Marijuana Program (SB 420) help in protecting the rights of qualified patients in California, specifically those who acquire and/or cultivate marijuana for medical uses. The state medical marijuana laws also permit patients and their caregivers to grow marijuana collectively as well as receive substantial compensation for such service. Under the provisions of the state medical marijuana laws, cultivating medical marijuana has been private; however, medical marijuana clinics and dispensaries that serve many patients and caregivers have become a popular enterprise.

Medical marijuana clinics and dispensaries are expected to perform incomparable service for many patients of medical marijuana in Los Angeles. People who are doubtful on the consequences of qualified patients growing marijuana in their own places or even purchasing them on black market should consider regulated medical marijuana clinics and dispensaries as desirable social benefits to the city. The primary purpose of medical marijuana clinics and dispensaries regulation is promoting the use of medical marijuana clinics and dispensaries as provisioned in the state medical marijuana laws, CUA and the MMP, through making attractive operations as well as creating complimentary advantages in the city.

The restriction imposed on medical marijuana clinics and dispensaries by the LAPD provide incomplete structure of medical marijuana clinics and dispensaries; however, the recommendations imply the need to start fervent dialogue of creating workable ordinance for Los Angeles.

To ensure the effective regulation of medical marijuana clinics and dispensaries, the City Council has various ways of applying measures. Promoting regional consistency can be achieved if any given adopted state medical marijuana law in the city does not exceed the restrictions laid by the county medical marijuana clinics and dispensaries ordinance. Restrictions in terms of locations should be appropriately non-restrictive to permit medical marijuana clinics and dispensaries to operate throughout the city. Security and safety prerequisites should be specific to the site of medical marijuana clinics and dispensaries. In addition, provisions for the privacy of patients should also be considered a primary priority for the achievement and triumph of the state medical marijuana law. The effective ban on medical marijuana clinics and dispensaries should not be added with restrictions on location, legal, and safety requirements. It is worth taking into consideration the fact that medical marijuana clinics and dispensaries are working for the protection of both their patients and their communities they belong to. Los Angeles may be likely to adopt medical marijuana clinics and dispensaries ordinances that do the same for both patients and the communities.

The Maryland Senate had approved a state medical marijuana law to reduce substantially the criminal sanctions for seriously ill people caught smoking marijuana as a way of relieving their symptoms. The state medical marijuana law was approved 29-17 despite the objections of opponents who denounced the measure as a significant step to legalization of marijuana. Twenty-four Democrats joined five Republicans in support of the state medical marijuana law, which would set a maximum fine of $100 and no jail time for defendants who can prove that they need to use marijuana to treat the symptoms of illnesses such as cancer, AIDS, and Crohn’s disease.

Drug Czar John Walters had made a last-ditch attempt to stop the state medical marijuana laws, claiming that it is a “cynical, cruel, and immoral effort to use the sick and suffering.”

On the other hand, Robert Kampia, executive director of the Marijuana Policy Project in Washington, D.C, had stated that “The Maryland legislature has shown the courage to defy the federal drug czar by reducing penalties for medical marijuana, right in the backyard of a hostile White House. Unfortunately, the bill is weaker than the laws (state medical marijuana laws) in the eight states where medical marijuana is legal. The bill protects marijuana-using patients from jail, but they can still be arrested, handcuffed, prosecuted, and forced to pay thousands of dollars in legal fees.”

Seven of the existing state medical marijuana laws in Alaska, California, Colorado, Maine, Nevada, Oregon, and Washington have been enacted through ballot initiatives. In 2000, Hawaii became the first state to pass a state medical marijuana law through the state legislature.

Kampia had further stated that, “John Walters lost this battle because science, compassion, and common sense, not to mention 80 percent of the American people are on our side.” He also stated that “We will be back next year to enact full legal protections for patients, and we expect to win.”

Governor Robert Ehrlich, a co-sponsor of the States’ Rights to Medical Marijuana Act and a member of the U.S. House of Representatives, is expected to sign the measure to be officially made a state medical marijuana law. The House had already approved a similar bill and supporters have absolute belief that they have an excellent chance of getting both bills approved by the Governor.

In August 2008, federal agents of the DEA conducted a raid on a Culver City medical marijuana clinic (dispensary), spending over 4 hours to serve a search warrant. Nobody was arrested in the raid but the shop was left in dishevelment. A spokeswoman of the DEA Los Angeles office, Sarah Pullen, stated that marijuana is still a controlled substance, that is, under federal law; it is illegal to acquire, possess, cultivate, or dispense marijuana even for medical purposes.

At the same time, while the DEA conducts its raid on the medical marijuana clinic (dispensary), an appellate court in San Diego released an order that federal law does not supersede the state medical marijuana laws on permitting the use of medical marijuana.

The federal agents left the medical marijuana clinic (dispensary) in a mess. Its counters were scattered with empty jars; couch cushions were upturned, an ATM door was torn and emptied; receipts were scattered on the floor; and bits of marijuana spread on the counter edges. More so, inside the rooms of the medical marijuana clinic (dispensary), dresser drawers were pulled open and a safe was penetrated open. The federal agents also uprooted marijuana plants along with other plants in an outdoor vegetable garden. During the raid, Brian Birbiglia, the medical marijuana clinic (dispensary) owner sat beside DEA agents on a tattered couch outside the medical marijuana clinic (dispensary). He was handcuffed for more than 4 hours of the raid. A box was marked “DEA evidence” while some federal agents wore their black sunglasses, protective chest gears, and leg holsters with guns.

The owner of the medical marijuana clinic (dispensary) was released after the raid and left furious. He said he was a disabled former Marine who possesses a prescription to use medical marijuana for his foot injury. He said he could have preferred being robbed by ruffians rather than being raided by the DEA. In addition, Birbiglia claimed he follows the state medical marijuana laws.

Birbiglia had called Los Angeles Councilman Bill Rosendahl during the raid. Rosendahl arrived a few hours after the raid had started. He stood outside the gate of the medical marijuana clinic (dispensary), frustrated that he could not do anything to intercede in the raid when the city recognizes state medical marijuana laws. The medical marijuana clinic (dispensary) was located between the boundary of Culver City and Los Angeles. Rosendahl said the action of the federal government was disappointing as the state medical marijuana laws need to be reviewed in Washington. He said that people with legitimacy on using medical marijuana are caught in the middle of such conflict.

A customer of the medical marijuana clinic (dispensary), Clyde Carey, was near the area when the federal agents conducted their raid. He said the agents handcuffed at least 25 people inside and started to search the establishment. U.S. Magistrate Judge Victor Kenton signed the search warrant and authorized the DEA to seize controlled substances including marijuana and products containing such substance superseding state medical marijuana laws.

The medical marijuana clinic (dispensary) also has a MySpace page with advertisements claiming it offers medical marijuana along with other products containing it. New patients are able to receive a free gift during their first purchase. The medical marijuana clinic (dispensary) claims its store hours are from 11 a.m. to 10 p.m. daily.

The federal Drug Enforcement Administration (DEA) has employed diverse tactics on busting landlords of medical marijuana clinics and dispensaries even in states that have their own state medical marijuana laws. In February 2008, state Senator Carole Migden, San Francisco, filed the Senate Joint Resolution 20 urging the federal government to reconsider and respect state medical marijuana law, which allows taxpaying and law-abiding medical marijuana clinics and dispensaries.

California voters passed the state medical marijuana law, Proposition 215 in 1996 to exclude caregivers and patients from criminal sanctions when they acquire or grow marijuana for medical purposes as prescribed by their doctors. In this light, the Legislature approved a regulatory structure, which permits local governments to work with medical marijuana clinics and dispensaries to provide medical marijuana to patients who are terminally or seriously ill. California’s model was followed by 12 other states.

In 2005, dozens of medical marijuana clinics and dispensaries were raided by the DEA and at least 28 other medical marijuana clinics and dispensaries were also raided in June 2007 in California. Four raids in a single day were recorded in 2007 in Los Angeles County alone. State medical marijuana laws have remained undefiled in spite the upholding of the U.S. Supreme Court that the DEA’s authority, conduct such raids in Gonzales versus Raich. In 2002, Angel Raich of Oaklang had filed a suit against the federal government to prevent it from impeding her right to use medical marijuana for her illness including brain tumor, life-threatening wasting syndrome, severe chronic pain, and seizures.

The DEA firmly believes that medical marijuana clinics and dispensaries are masquerades of illegal drug dealers that conduct recreational use of marijuana. On the other hand, most operators of medical marijuana clinics and dispensaries, who have called the attention of the State Board of Equalization for details on how to acquire permits for sellers for collection and remittance of sales taxes, are responsible people abiding the state medical marijuana laws in order to pursue their businesses. That is, these people are not considered as fugitives.

Take the case of a medical marijuana clinic or dispensary in the Alameda County. The Compassion Center for Alameda County paid $3 million in sales taxes after being issued a license by the county and prior to its shut down by the DEA at the end of October 2007. The said medical marijuana clinic or dispensary had 50 workers who were earning a living wage and were offered unemployment insurance and workers’ compensation coverage as well as health benefits. Another medical marijuana clinic or dispensary, the Nature’s Medicinal in Bakersfield had been issued a license by the Kern County. The medical marijuana clinic or dispensary paid almost $1 million prior to its shut down in 2007. It had employed 25 employees, 8 of which were filed charges while the rest were left unemployed after the DEA’s raid.

According to critics against the raids conducted and sending letters by the DEA to over 300 medical marijuana clinics and dispensaries, millions of dollars on tax revenue for municipalities and states are being lost. More so, many well-paying jobs disappear from the economy as medical marijuana clinics and dispensaries are forced to shut down or move under concealed unregulated operations.

In Palm Springs, officials are set to take another step toward permitting two medical marijuana clinics and dispensaries and closing down other medical marijuana clinics and dispensaries that have been operating illegitimately for more than 2 years. However, city officials also said that the closure on illegal medical marijuana clinics or dispensaries will not be their main intention but decreasing or eliminating the access of patients who obtain medical marijuana from them.

The state medical marijuana law of Palm Springs will proceed to its second reading and vote at the meeting of the City Council in the first week of March. Under the state medical marijuana laws, only two medical marijuana clinics or dispensaries will be allowed to operate in the city with limitations from areas situated for industrial and commercial use. The medical marijuana clinics or dispensaries would also have to be established as non-profit cooperatives as prescribed in the state medical marijuana law guidelines.

On February 18, the City Council has voted 3-1 in favor of approving the state medical marijuana law on its first reading. In the event that the state medical marijuana law makes it to its second reading, it will take effect in 30 days. Simultaneously, City Council Attorney Doug Holland is prepared to file civil suits directed in stopping illegal medical marijuana clinics and dispensaries from distributing or selling medical marijuana. According to Holland, papers will be filed against two of Palm Spring’s illegal medical marijuana clinics and dispensaries although he did not identify which two of the considered six medical marijuana clinics and dispensaries illegally operating in the city.

In his interview, Holland said “I’m going to go through civil processes that will order them to cease dispensing marijuana. I expect the ordinance will be in effect before the court will issue an order. I’m not going in to shut anyone down tomorrow (March 9, 2009).”

In the event that the state medical marijuana law takes effect, medical marijuana clinics or dispensaries will have to submit applications for one of two city permits within a 90-day period. Consequently, the City Council will still have a final approval on handing down the permits.

In the United States, marijuana seemed to be an exemption in the government’s effort to fight against drug usage and trafficking. Federal laws have put substantial measures to ban any use of marijuana even if it is for medical purposes. On the other hand, thirteen states including California have set their own state medical marijuana laws to permit medical use of marijuana.
As “American Hero” Michael Phelps was shown in a photo holding a marijuana pipe, the 14-time Olympic gold medalist got into deep controversy. However, in February, the Richland County Sheriff from South Carolina, Leon Lott had decided not to charge Phelps. Thus, many youngsters has put their utmost attention on Phelp’s possible usage of marijuana and a debate in legalizing marijuana is being conducted in California and some other states.
In this light, the emergence of a peculiar situation has transpired. Many medical marijuana clinics and dispensaries have been established in California, distributing and selling marijuana to people with doctor’s prescription as permitted under state medical marijuana laws. More so, many people started growing marijuana in their homes in order to sell them to medical marijuana clinics and dispensaries as the demand for marijuana increases.

Given that marijuana is legal under state medical marijuana laws, the local law enforcement groups do not take legal action against them. However, it is illegal to distribute or sell marijuana according to the federal law. Thus, medical marijuana clinics, dispensaries, and even houses are being raided by federal agencies on some occasions.
In an interview on Attorney Daniel Deng last March 13, 2009, he said that federal laws will preside over state medical marijuana laws when they happen to conflict with each other. As such, federal agencies are able to raid medical marijuana clinics and dispensaries.

When the announcement of Eric Holder, a U.S. Attorney General, reached the news that federal officials will cease medical marijuana clinics and dispensaries raids in state, the executive director of Americans for Safe Access Steph Sherer stated that it is about time to bring the prisoners to their homes, stop persecutions, and eliminate the conflicts between federal and state laws on medical marijuana usage.

The announcement of Holder brought about confusion even in the federal agencies since under federal law, the raids are legitimate. In Los Angeles, U.S. Attorney Thomas P. O’Brien published a report ordering prosecutors to halt on filing charges against medical marijuana clinics and dispensaries. However, the ban was lifted abruptly.

Marijuana is considered less addictive as compared to some other drugs although its users can get very high when overused. As such, marijuana has become popular among young people. Many doctors have also given recommendation on its usage specifically for stopping pain, mostly for some cancer patients under some state medical marijuana laws.

On the other hand, opponents of legalizing marijuana and stopping the raids on medical marijuana clinics and dispensaries are worried of increasing the number of people who grow marijuana at home. At the time, no state in the United States has tried legalizing marijuana; however, thirteen states have legalized marijuana through state medical marijuana laws only on people with prescriptions coming from their doctors.

In their response to state medical marijuana law SB 420, patient collectives were formed in communities across the state, operating privately but usually operate as “retail-style” medical marijuana clinics and dispensaries. Members of the Los Angeles City Council Dennis Zine and Ed Reyes have submitted a motion in May 2005, which requests city staff to recommend actions for regulating medical marijuana clinics and dispensaries. Chief William Bratton of the Los Angeles Police Department (LAPD) issued a “Fact Sheet” in December 2006. This “Fact Sheet” identifies problems related with medical marijuana clinics and dispensaries under state medical marijuana laws in the city as well as specific recommendations to the City Council and the Board of Police Commissioners for a standstill on new medical marijuana clinics and dispensaries and a number of restrictions to be applied on existing and future medical marijuana clinics and dispensaries.

In other California cities and counties, ordinances in regulating medical marijuana clinics and dispensaries within their jurisdictions have been worked out. A national medical marijuana patients’ advocacy group known as the Americans for Safe Access conducted a survey in eight California municipalities in 2006. These municipalities had existing state medical marijuana laws; thus, complaints on medical marijuana clinics and dispensaries and related public safety issues decreased after regulation.

Medical marijuana clinics and dispensaries serve a significant role in the city of Los Angeles as these provide reliable means for authorized patients in obtaining medical marijuana based on state medical marijuana law. Medical marijuana clinic and dispensary regulation also establishes a system for local government lapse on the cultivation and distribution of medical marijuana. Zoning decisions and conditional use allowing process presiding over the operation of the city’s medical marijuana clinics and dispensaries are the scope of the City Council. On the other hand, the state government is responsible for the many aspects of medical marijuana clinics and dispensaries regulation.

The Los Angeles Police Department (LAPD) have recently issued its recommendations to the City Council for a list of limitations and restrictions, which are supposed to be applied on all existing and future medical marijuana clinics and dispensaries in Los Angeles. The recommendations of the LAPD shall serve as a constructive reference point associated with some issues that the City Council face in light of its determination of applicable guidelines for the operation of medical marijuana clinics and dispensaries. In contrast, the recommendations do not indicate accurate and precise understanding of state medical marijuana laws. In order to clarify the role of the City Council in terms of medical marijuana clinics and dispensaries regulation, the following framework has been proposed.

The framework also proposes goals for adopting a city ordinance ensuring the rights and needs of medical marijuana patients are met positively; medical marijuana clinics and dispensaries are compatible with surrounding land use; and operation of medical marijuana clinics and dispensaries does not establish conditions from criminal acts or any other threat or risk.

In February 2009, the supporters of programs that provide medical marijuana to patients experiencing painful medical situations celebrate as Attorney General Eric Holder gave a statement claiming that the Drug Enforcement Administration (DEA) is ending raids on medical marijuana clinics and dispensaries approved under state medical marijuana laws.

Until the second week of Barack Obama’s presidency, federal raids have been conducted on medical marijuana clinics and dispensaries. Federal agents ceased the operations of at least two medical marijuana dispensaries in California last February 3.

According to Holder, the raids in Santa Ana, California resulted to 755 arrests of people based on a nationwide suppression of Mexican drug cartels in the United States. Consequently, Holder said that such raids would no longer be held on medical marijuana clinics and dispensaries. He said that President Obama mentioned during his campaign for presidency that he supported controlled use of medical marijuana for medical motives. In his November 2007 campaign in Audobon, Iowa, Obama said: “My attitude is if the science and the doctors suggest that the best palliative care and the way to relieve pain and suffering is medical marijuana, then that’s something I’m open to. There’s no difference between that and morphine when it comes to just giving people relief from pain.” As such, Holder claimed that their law enforcement will be consistent with president’s belief on controlled medical marijuana use. Thus, Obama’s statement is now part of the American policy.

After the raids in California, Nick Shapiro, a spokesman of White House indicated that medical marijuana clinics and dispensaries were legal in California. He said that the position of the present administration on raids of medical marijuana clinics and dispensaries should not be used to evade state medical marijuana laws.

Many people in favor of legalizing marijuana found Holder’s statement as a significant sign of progress in line with their campaign. These supporters claimed that Holder’s statement serves as a remarkable shift in United States drug policy.

Many states have considered on having their own state medical marijuana laws and halting raids on medical marijuana clinics and dispensaries would give these states the momentum to pursue such state medical marijuana laws. In New Jersey Senate, a bill was approved and would be signed if it clears the state Assembly.

Most owners of medical marijuana clinics and dispensaries in the state welcome the new policy. Charles Lynch, owner of a state-approved medical marijuana clinic and dispensaries in California, claimed that 12 other states have their own state medical marijuana laws. He said that the new policy would bring relief to people experiencing chronic pain and illness. Furthermore, many believe that medical marijuana clinics and dispensaries are helpful for patients in their last stages of painful illness.