Marijuana is one of the most used illegal drugs in the United States of America. It is now a major concern since there is a leeway to use the drug inform of medicinal claims. Through the state law right of patients have been addressed unlike in the federal laws (Eric et al par.10).
Sixteen states including Columbia have a legal provision that permits the cultivation and use of marijuana for medication. A senate bill for the case of Los angeles is on the process of considering the use of marijuana for medical purpose.
Owing to this, businesses have started promoting legal marijuana medication on patients affordable and within the safety framework. They have gone as far as prepared themselves by opting to forming co-operates that cultivate and distribute as well as consulting and assisting patient to avoid contamination with other illuminants.
The federal substance control Act (“CSA”) prohibits the use of marijuana for whatever reasons therefore contravening the legal rights of individuals to purposes or use marijuana. The legality of marijuana raises a controversy between federal and state laws.
Under the state laws, the commerce clause is supreme since it conspicuously gives the federal government jurisdiction to punish anyone involved with either cultivation or use of marijuana or both.
Through the raich court, subsequent developments are taking place to challenge the jurisdiction of federal laws not to target marijuana users. Bipartisan coalition sponsors alongside Sam Far of California Democrat have reintroduced a legislation to protect the cannabis patients from facing prosecution as provided by the federal law jurisdiction.
The sailing through of bill 3939 would see the state law take over in federal trials. According to state law, seriously sick patients can only qualify to use Marijuana for medicinal purpose. It further permits chronic patients under the provision for people with disability as provided in American people with disability Act of 1990.
For one to qualify as a marijuana patient one has to recommended by a licensed physician to confirm. It should be in writing and kept in its original form always when in possession of marijuana.
Selling of Marijuana for commercial purposes is prohibited by federal law. The major problem arising is the prevention of diverging the use of medicinal use to non-medical.
To prevent the practice of profit making business the overhead costs should be catered for to reduce its price thus discouraging people with minds of making it a profit-generating affair.
Transportation measures are in place to avoid illegal access to the drug. The amount of marijuana and distance are restricted within the jurisdiction of federal laws.
Transpotation beyond personal needs for a patient is only allowed with condition that one has to carry a written document to proof that the drug transported is done on behalf of patients and should comply with the state laws.
Law enforcement officers have undergone enough training to quantify the yield of marijuana to ensure that the patient only produces what is needed for medication without having excess yields that could lead to commercial use.
Dispensaries have to comply with the law in terms of safety and accountability not to land the drugs in wrong hands. Dispensaries must run as non profit making corporate. Record keeping and documentation should be done confidentially and accurately nevertheless records must be well kept (Worthington par.2).
Marijuana medical identifications are necessary for confidentiality.Safey on handling marijuana is a major concern both to the state and to the individuals. Those with families are endangered since the mishandling of marijuana can contaminate other foods thus incriminating the family for illegally accessing the drug.
However the main obstacle here also is the denial of testing and possession of marijuana to non qualified patients. In Los Angeles zoning is cumbersome since the law definition differs on the Interpretation of “collective”.
On one hand it implies where the crop is cultivated under one management while on the other it implies individuals in a given zone cultivating the crop. However the law is reluctant since it allows cultivation in a given zone and distributed in the city (Molina par.1).
Medicinal use of marijuana at the work place is a big challenge. Some companies are firing employees who test positive on using marijuana. It challenges the law whether to protect the employers just in case a marijuana patient causes damage property or injure someone at the workplace.
On my personal opinion, I agree that there is a policy that governs the medicinal use of marijuana in Los Angeles. The only issue is that the policy is not robust enough to filter illegal use of the drug. Part of the law should be amended in particular for the definition of “Collective “to give a clear guideline on what it is supposed to be.
The controversial clauses of the federal law should be realigned with the state law so as to avoid contradictions. The policy should elaborate and restrict on the handling of marijuana although there are several challenges.
As much as there are efforts being put in place to curb the menace it is very clear that this problem of illegal drug used cannot be completely solved. The U.S President Mr. Barrack Obama is for an official policy from Los Angeles advocates (Elias par.1).
Works Cited
Elias, Paul. n.d. Huffingtonpost. Web.
Eric D. Shevin & Ariel D. Cark. 2011. Attoneys at law: Marijuana business. Web.
Molina, Genaro. latimes. n.d. Letters – marijuana growers trash californias forests. Web.
Worthington, David. small planet. 2012. Why more U.S. states could legalize marijuana. Web.