Know Your Rights: Medicinal Marijuana
Posted on Jan 10, 2012 11:30am PST
Do you have a doctor who has prescribed medical marijuana to help your ailments? If so, you need to be aware of the legal requirements in your state; with the continuous debate of US politics and public opinions, it is important that you are aware of the rules and regulations regarding its usage in your vicinity. Many people believe that marijuana isn't safe; yet nearly one out of ten Americans use. it annually, averaging at 25.2 million people. Marijuana has been illegal in certain states since 1930, but due to recent law changes, an exemption has been made for a group of people who have a legitimate need for it. According to one source, medicinal marijuana can be used for many different things, such as pain relief, help with movement disorders, glaucoma and nausea. It is also an appetite stimulant and has shown to aid in malignant tumors.
Twelve states have legalized the substance, including California, Alaska, Colorado, Maine, Montana, Hawaii, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington, and more are on the horizon. There are even some states which also allow those who use marijuana for medical reasons to grow it. Maryland has a law allowing residents to use marijuana as medicine, but they do not allow users to grow their own - whereas other states such as Washington do. In Washington if you use medicinal marijuana you are allowed to grow up to 60 days worth. Maryland also will still find those who use it for medicinal purposes should they do something illegal.
Most of the laws in the other 12 states make it legal for caregivers to give their charge medicinal marijuana, and are therefore protected under the law. Most states have specific obligations when giving a friend or family member a dose of medicinal marijuana. In Colorado, though medicinal marijuana can be legally used, employers may never allow their employees to work while influenced. California was the first state to vote marijuana’s legal use for suffering patients; in 1996 under Prop 215, Californians voted to regulate the use of medicinal marijuana by the recommendation of many trusted medical professionals. Yet, Californians also have regulatory laws that forbid medicinal use of marijuana while on working locations; this is also true of penal facilities such as prisons or jails.
In Maine, a person who is using the drug due to a doctor's recommendation is still not lawfully permitted to grow marijuana on their own premises; sometimes this may be a hardship for the patient since many different pharmaceutical companies are uninterested in manufacturing this drug. Marijuana has different strands that are available, so it is hard for medical manufacturers to get a patent on the drug. It is also unlawful in Maine to do a "task" while using medicinal marijuana. Since the wording of the law is so ambiguous it is important to speak to skilled defense attorney should you have been charged with drug possession. Montana gives specific regulations that a person who has not asked permission of their landlord is not lawfully able to grow cannabis on the premises; the only way this is permitted is through written permission to patient. In New Mexico, though it is clear that caregivers may distribute marijuana to patients for medical uses only, is restricted that the caregiver be in possession or personally take the drug. Remember, as long as the doctor has recommended the drug for medicinal use and is still your physician, the laws are clear about your rights; visit your state website to check for your specific state laws today.