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Protection for Medical Marijuana Patients, But Not for Dispensaries

Thursday, July 19, 2007

Tuesday, July 17, was a mixed day for medical marijuana in California. Orange County became the 31st county in California (of 58) to adopt the state’s medical marijuana ID card program--a victory that means almost 75% of California's residents now live in a county with medical marijuana ID cards. Meanwhile, the same day, federal agents raided dispensaries in Hollywood, San Luis Obispo and Morro Bay, and charged several dispensary operators with federal drug violations.

The 4-1 vote in favor of adopting the ID card program in Orange County (population 3 million) came only weeks after Los Angeles County (population 10 million) rolled Home Drug Test out the program on June 1. The program is intended to protect cardholders from unnecessary arrest, detainment or seizure of property by state and local law enforcement, which conduct the vast majority of marijuana arrests.

Participation in the ID card program is voluntary for qualified patients and caregivers, but all of California’s counties are required, by a law passed in 2003 (SB 420), to make the program available. Get information on your county’s medical marijuana ID card program.

Thanks Home Drug Test to the hard work of thousands of patients and grassroots activists, counties are implementing the state-mandated program one by one. While several counties continue to postpone implementation of the program, only San Diego County has refused, opting instead to sue the state. Learn more about DPA’s intervention in the lawsuit on behalf of patients.

Unfortunately, even as the cards become more common, safe access to the medicine is increasingly hard to come by. Medical marijuana dispensaries are meeting federal and city-level resistance, with the number of cities implementing bans on dispensaries steadily increasing. City efforts are supported by targeted raids and other scare tactics on the part of federal drug enforcement agents.

In early July, for example, while the city of Los Angeles was considering a moratorium on new dispensaries, the Drug Enforcement Administration sent letters to landlords of 150 of about 400 Los Angeles County dispensaries in order to “educate” them, as a spokesperson put it. Fear is a cheap--and effective--tactic. Landlords face government seizure of their property if brought up on federal charges, and most are expected to close their dispensaries as a result of receiving the letter.

These efforts to prohibit, rather than regulate, the distribution of medical marijuana to legitimate patients are forcing many to go to the black market, which can be dangerous and unreliable.

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