Know Your Rights on Medical Marijuana
(And the legality in S.B. 420)

We all during one part of our lives have heard or used Marijuana. Many
names and slogans have been used throughout the world for this notorious
herb. In other countries marijuana is as common as a bottle of beer in your
refrigerator but most individuals within the United States upon hearing the
word, marijuana, automatically think of an Illegal act. A majority of our
American Society has been raised to think marijuana is simply bad and no
good could ever become of it.
From as early as 6000 B.C. marijuana seeds were used in food within
China and cultivated around 1500 B.C. for a source of food and fiber. Marco
Polo has also made a second-hand report between 1271-1295, stating his
assassins used hashish along one of their journeys. Now imagine that, stoned
assassins protecting and working for Marco Polo himself. This just comes to
show how long marijuana has been used by Historical figures and Empires for
purposes of growth and tranquility.
Marijuana was not illegal in the United States until The Comprehensive
Drug Abuse Prevention and Control Act was passed on October 27, 1970 which
illegalized most of the known hallucinogens (LSD, psilocybin, psilocin,
mescaline, peyote, cannabis). Most of the drugs stated have very powerful
hallucinogenic properties which puts marijuana on the bottom. This Act
created a stir which is still debated today. In 1972 The Nixon-appointed
Shafer Commission urged use of cannabis be re-legalized, but their
recommendation was ignored. The D.E.A. must have been reeling in the cash
during these years of new arrests and the confiscation of drug related
materials. But not everyone in the judicial system agreed with the total
illegalization of marijuana. In 1988, DEA administrative law Judge Francis
Young finds after thorough hearings that marijuana has clearly established
medical use and should be reclassified as a prescriptive drug.
Much controversy has been stirred up on the medical uses of Medicinal
Marijuana. Many have pushed towards the use of Medicinal Marijuana and vise
versa but medical needs are far more important than the opinions of someone
who is not suffering or in pain. The Compassionate Use Act of 1996 ,which
was passed by the S.B. 420 (which is statutory law), prohibiting any
physician from being punished, or denied any right or privilege, for having
recommended marijuana to a patient for medical purposes. Now this was a big
break through for the marijuana smoking community. The S.B. 420 allows an
approved patient with serious medical conditions to now receive Medicinal
Marijuana as part of their doctor prescribed prescription. Serious Medical
Conditions such as:
Acquired immune deficiency syndrome (AIDS).
Anorexia.
Arthritis.
Cachexia.
Cancer.
Chronic pain.
Glaucoma.
Migraine.
Persistent muscle spasms, including, but not limited to, spasms associated
with multiple sclerosis.
Seizures, including, but not limited to, seizures associated with epilepsy.
Severe nausea.
Any other chronic or persistent medical symptom




Once approved by a physician who possesses a licenses in good standings to
practice medicine or osteopathy and the State Department of Health Services,
the patient will be able to receive an Identification card which documents
and authorizes the individual to engage in the medical use of Marijuana. An
approved minor may also receive medicinal marijuana under their parents
consent.


What many people don’t know in California is that through the S.B 420 a registered criminal is also allowed to receive Medicinal Marijuana for medical reasons. And why not..? A criminal in my opinion is someone who has just made a mistake and was caught in or after the act. We all have attempted a criminal act but yet many still raise their chins in innocence. If Medicinal Marijuana is now considered a prescription medication than
there is no reason why any individual who has the stated “Serious
Conditions” under the compassionate act should be denied. Before a felon is released, if eligible, he or she is able to request a Medicinal Marijuana
card which has to be approved by the court system. But say if you are
already out on parole. Will you still be able to receive a Medicinal
Marijuana Card..? Well yes, there still is a way around it. If your
physician approves of the use of Medicinal Marijuana you are able to request
a modification towards your parole, probation or bail. The parolees written
parole conditions reflect if they are granted, denied or even able to
request a modification toward their parole, probation or bail. When someone
is sentences they receive a punishment right..? The problem is why should
felons have to request a modification towards their parole when it is
obviously a medical reason. Its not the checking up with the law that
bothers me it’s the reason why someone has a part in deciding another’s
medical treatment when it has clearly been approved by a certified
physician. I’m not saying we should give felons total freedom with marijuana
but I am saying they also have rights as well and should be aware of them.
The state does release felons after all back into society, so we should
start looking them as apart of society instead of just criminals.
Now the question that probably has crossed your mind is how can someone
receive a Medical Marijuana Card..? To start the S.B. 420 states you must be
at least 18 years of age and have “Serious Medical Conditions” that apply
with the 1996 Compassionate Act. If you are a minor and also qualify as a
Medicinal Marijuana patient you are able to receive your medication after
the approval of a legal guardian. You must also complete the application
given by the State Department of health services which documents and
authorizes the patient to engage in the medical use of marijuana. Once
approved you will receive an Identification Card Obtaining your name,
number, photo I.D., an expiration date and also a 24-hour hotline allowing
police to verify serial numbers. This is all good for up to one year then
you must renew your card. You are able to possess no more than 8 ounces of
dried marijuana per qualified patient and no more than 6 mature or 12
immature plants (changes county to county) per patient. If not complied you
may be sentenced to no more than 1 year. The States Department of Health
establishes application and renewal fees and costs which do vary. One
interesting thing to know is Medi-cal will cover 50% in fees to qualified
patients who apply through Medi-Cal. Many people I have asked do not have
any knowledge about the 50% deduction fees and are astonished to find out.
Most of them had to have been stoners from their joyful reactions.
I am pretty sure you have learned some interesting facts within this
report which were not known before. I definitely learned a considerable
amount of information on the legal aspects of Medicinal Marijuana and the
S.B. 420. I tried my hardest to bring these legal terms straight and up
front to you but also in a professional manner. My words of advise to anyone
interested are to obtain a Medicinal Marijuana card if you really need one
for medical reasons. If not you are wasting an in need patients opportunity
and resources. You would also be causing controversy for the fact
unnecessary patients are being qualified allowing the American society to
push away the thought of legalizing marijuana in other states for medical
reasons. If a majority of states vote Medical Marijuana legal what will most
likely happen is marijuana would be sold as an intoxicating product
distributed and sold like alcohol. No one is absolutely sure what is in
store for marijuana in the next and upcoming years and many will put forward
their opinions but in the mean time it is always good to Know Your Rights.


Joseph A. Fassler