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CA: Medical Marijuana Caregivers May Be Prosecuted as Drug Dealers
November 26, 2008

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News Summary

Medical-marijuana caregivers can be prosecuted as drug dealers if they provide marijuana without having an established relationship with their patient, according to a new California State Supreme Court ruling.

The San Jose Mercury News reported Nov. 25 that the ruling requires primary caregivers to have an established relationship with the patient prior to providing medicinal marijuana; primary caregivers may only provide marijuana to patients, not other medical users or collectives, the court added.

The decision narrowly defines the role of caregiver, but the decision may help, not hurt, cooperatives such as Wo/Men's Alliance for Medical Marijuana (WAMM) in Santa Cruz. "[The decision] defines the role of caregivers and makes it clear," said Valerie Corral, one of the co-founders of WAMM, a group of patients and caregivers who provide medical marijuana and support services to patients. "It's a great way for people to understand our roles as caregivers and how we have to assume something more."

Attorney Ben Rice, however, said the decision will make it harder for legitimate medical-marijuana patients to get the drug. Rice represented Roger Mentch whose conviction on marijuana cultivation and possession charges was upheld by the Supreme Court ruling.

COMMENTS ON THIS ARTICLE:

Posted by kaye ginter on 21 Mar 09 03:55 AM EDT
They are so confused. they either don't want the drug to be grown or have them hit the streets to buy it. Which is it? the strreets or cultivate or give a license to grow and despenes under supervision?

Posted by Rick Chavez, MD on 31 May 09 05:13 PM EDT
I see Patients who suffer with Pain. Not 1 patient who has seen me needed marijuana. Pain is complex. For political reasons this law was passed. If Californians want to make Marij. legal, OKAY. But don't pretend that it is for legitimate medical reasons. Prescribing a "medicine" without knowing the milligrams needed per day is bad medicine. We do not know the strength of drug, quantities needed per day, quality, etc. 1 joint = 20 cig. THC is available in pill form. Medical therapy has always been left to MDs. Allowing patients who don't understand the intricacies of med treatment & the impact on their health using marijuana is Madness. Not all Marijuana smokers become drug addicts, but Many drug addicts have used marij. So Called MDs are treating without adequate histories and physicals,& no followup. I have seen 25 y/o's treated for Carpel Tunnel Symptoms! The Med. Board of Calif. requires that MDs who treat pain do a thorough Med. evaluation, complete history and physical, diferential diagnosis, discussion of all current problems, & understanding of how to treat pain, determination of addiction risk and prior rehabilitaition, a treatment plan, and followup. Marijuana users are not getting this. Thanks, R. Chavez, M.D. Board Certified by the American Board of Pain Med., American Board of Family Med., American Board of Addiction Med. Clinical Professor of Family Med, UCLA

Posted by Dwayne Polidori on 24 Jun 09 08:47 AM EDT
Bottom line is you cannot O.D on Marijuana It is impossible you fall asleep that is all everybody is making a big thing out of it.Why aren't people going after the things people are dieing from ( Alcohol,Tobacco,prescription drugs).These are whats killing people not Marijuana!!!This is America as long as we do not directly hurt people we should be able to smoke what we want.And we will!!!

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