In 1996 California was the first state in the United States and the first province outside of the Netherlands to legalize Marijuana for adult consumption. The piece of legislation, Proposition 215, stated the following purpose;
“To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where the medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. “ – Compassionate Use Act of 1996 (1)
After California passed their legislation, other states followed but none were quite like California’s system with state regulated dispensaries operating as legitimate businesses paying taxes and obeying city and county rules governing their operations. Federal raids however continued because while legal under state legislation, federal law still holds Cannabis as a Schedule I substance under the Controlled Substances Act of 1970 classifying it according to these criteria,
“(1) Schedule I. -
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.” (2)
Medical Marijuana failed to be the societal pariah its opponents hailed it as, becoming the national model for how Marijuana legalization could work, and work well in addition to showing that Cannabis is safe and effective medicine for a wide variety of illnesses and conditions. The process for obtaining this medicine however could still begin and end within the pages of an issue of “High Times” magazine, which regularly lists physicians that specialize in issuing recommendations for Cannabis use, and there’s even an iPhone app to find Dispensaries.
Given the liberal attitude and incredible popularity of the medicinal marijuana program it isn’t necessarily surprising that this November voter initiative proposition 19 was voted onto the ballot. Proposition 19 aims to legalize and decriminalize the recreational consumption of Cannabis by adults 21 and over. The bill is being met with both likely and unlikely opponents however, including the NAACP whose official stance is pro-prop 19, NORML or the National Organization for the Reform of Marijuana Laws as well, but while many large organizations are being lending their influence in support many dispensaries and the farmers who in a legal grey area, supply them with their pharmaceuticals.
Dispensaries are concerned about the impending flood of competition from both individuals deciding to grow their own instead of relying on the existing system of recommendations, dispensaries, and growers all of whom already face growing pressure by both county and local governments to either relocate away from schools, churches, and parks or revoking their licenses to operate entirely. Growers along with Physicians have also expressed concern; one grower Mike Boutin posted to his facebook page,
“Mike Boutin again wants to remind everyone: Look around your residence" how many other smokers do you see? Okay, now ask yourself if a 5x5 is gonna solve your problems. p19 is a trojan horse designed to drive you to your new dealer, weedmart. If this thing passes, you better start doing some stretches, so when asked to "bend over" you won't pull anything.” (3)
Their concerns pertaining to both the commercialization of the somewhat cottage industry at this point, and from a physicians standpoint the worry that with legalization will also come corporations who copyright or modify a proven medicine, akin to two medicines “Sativex” and “Marinol” both relying on Deltaninetetrahydrocannibinbol to medicate their patients, as well as opening the prescription or recommendation of such medicine to any physician, not just those who specifically target the minority market currently present.
Come November it will be interesting to see what will become of voter initiative Proposition 19; will it become the evolution of the people’s will expressed in Proposition 215 in 1996 which legalized Medicinal Marijuana, or will it be brought down by it’s critics and opponents?
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