Immunity from Prosecution

This is the current approach when the consideration of legalizing marijuana is expressed as the state of California submitts it’s reasoning as to why a taxation on marijuana is being considered.

At the general election held on November 5, 1996, the electors approved an initiative statute designated on the ballot as Proposition 215 and entitled “Medical Use of Marijuana.” In pertinent part, the measure added section 11362.5, the Compassionate Use Act of 1996. (Prop. 215, § 1, as approved by electors, Gen. Elec. (Nov. 5, 1996) adding § 11362.5, subd. (a).) Subdivision (d) of section 11362.5 (hereafter section 11362.5(d)) provides that “Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.” This had been the scope considered as the case of the people v.s MYRON CARLYLE MOWER had been presented to consider the simple usage of marijuana as a medical assumption for personal usage by those with severe health issues.

Violations of Health and Safety Code section 11357 have brought the further attention of the state of California to address the case of the people vs. LUCAS A. THAYER. A case in which the specifics had been drawn to consider the expectations expressed in the Health and Safety Code section 11357. Sections 11357 and 11358 of the Health and Safety Code make it a crime to possess and cultivate marijuana. Which brings use to consider the current times as the expectations of allowing marijuana to having a medicinal qualities and possessing the pain releiving properties.

Marijuana is still very much an illegal substance and still has not been cleared by the federal government as a controlled substance that could be used as a medical function for the suggested properties that have been suggested by activist and policy makers alike. As of now marijuana is still being brought forth as a seemingly wonder drug that has been allowed by 13 states so far to be used a a medicinal function when the consideration of pain reduction and appetite stimulation have been suggested by the case presnted so far that have had the approach of marijuana and any medicinal qualities as an issue.

As it stands the state of California has the attention of two inititatives at hand that would bring forth a profitable approach to allow a taxation of marijuana to be considered due to the push to first legalize the uncontrolled substance and then to represent it as having a monetary asumption as a prescibed dug of choice by users.

The Omar Figueroa initiative is broader and would bring complete legalization under state law, while the Richard Lee initiative would create semi-legalization, allowing adults to possess up to one ounce and grow their own in a 5′ x 5′ garden space. The Figueroa initiative would allow the state of California to tax marijuana sales, while the Lee initiative would allow cities and counties to tax marijuana sales. The Figueroa initiative would end marijuana prohibition statewide, while the Lee initiative would give cities and counties the local option to tax and regulate or not, but would also provide that people could still possess and grow the specified amounts even in locales that opt out of regulating.

As the assumption of marijuana having the properties of creating revenue for a state that is faceing one of the most troubling economic assumptions thus far the approach taken has the rest of the nation wondering if medical marijuana could help the burdened health care refom that is of now.


One Comment to “Immunity from Prosecution”

  1. I cannot believe this is true!

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