Monday, January 23, 2012
Benefit to Repeal Cannabis Prohibition ! Sat. Jan. 28, 7pm-MN
Dr Frank Lucido's Blog: PotShots from the Bully Pulpit: Everyone’s Entitled to My Opinion
Medical Cannabis has been legal under state law in California since passage of the California Compassionate Use Act of 1996 ("Prop 215" or California Health & Safety Code 11362.5) under a certain conditions.
Unfortunately, it is still illegal even for legitimate patients, under Federal law (Gonzales v Raich Supreme Court case).
Physicians making appropriate recommendations, are also protected under State law, when acting appropriately.
Furthermore, physicians are also protected Federally by Conant v McCaffrey (Federal District Court) and Conant v Walters (Federal Appellate Court) as long as they do not aid and abet a patient in breaking Federal Law. On further appeal by the Federal government, the Supreme Court declined to take the case. Therefore, physicians are the ONLY ones protected all the way to the Supreme Court, as long as they do not "aid and abet" a patient in breaking Federal law.
The purpose of this blog is to discuss for patients, physicians, caregivers and other patients advocates, who, in my experience, is most protected, and under what circumstances, and to discuss to what extent the inability of the State of California to regulate cannabis (due to Federal threats and interference) has led to the "wild west" atmosphere that the newspapers love to write about (you know: "Man bites dog" will always sell more papers than "Dog bites man".)
This is my effort to "clean up Dodge". I know I am not alone in this. There are good physicians, good caregivers, and lots of sick patients. I aim to let people know how to spot the good, and avoid the others.