SAN FRANCISCO – Is marijuana illegal? Well, yes and no. Plain old marijuana is, of course, but medical marijuana is allowable under California law. But even the permissible Mary Jane has come under fire recently.
Federal law makes marijuana illegal in all circumstances, and the U.S. Supreme Court has ruled the state law doesn't shield anyone from federal prosecution. But California’s medical marijuana law has nonbinding guidelines that have caused confusion between local and federal law enforcement agencies.
And now for-profit dispensers of medical marijuana will be subject to a federal crackdown, as they are most likely in violation of California law.
Formal cooperatives that are registered under the state's Food and Agricultural Code are legal, according to State Attorney General Jerry Brown, as are less formal "collectives."
But owners of storefront dispensaries that are not registered coops or collectives may be arrested and prosecuted by local authorities operating with the feds.
About 300 so-called "storefront" dispensaries exist in various business guises, but there is little agreement on how many of those operate for-profit. Northern California's chief federal prosecutor, U.S. Attorney Joseph Russoniello, said federal officials are targeting commercial traffickers rather than caregivers. He also said he believes 90 percent of the dispensaries run afoul of Brown's guidelines.
Brown advised that each legitimate dispensary can grow six mature or 12 immature plants per qualified patient, each of whom need a doctor's recommendation to smoke marijuana to ease health ills. Each dispensary can also have a half-pound of dried marijuana for each qualified patient. Brown suggested that patients who receive doctors' recommendations to use marijuana should obtain identity cards required by each county.
Health
"We think the vast majority of dispensaries in California will be in compliance," said Joe Elford, the top lawyer for the marijuana advocacy group Americans for Safe Access. If not, the operations are sure to take a hit.
