Marijuana Laws, Ordinances,+More:
Butte County and Shasta Pass More Restrictive Regulations
http://radicalruss.com/live-marijuana-election-night-2014-coverage-on-420radio/
Russ Belville Live Appearances
Butte County and Shasta Pass More Restrictive Regulations
http://radicalruss.com/live-marijuana-election-night-2014-coverage-on-420radio/
Russ Belville Live Appearances
- Seattle Hempfest 2013
- Texas Regional NORML Conference 2013
- Southern Cannabis Reform Conference 2013:The 420RADIO Drug Test
- Legalization Night at the Seattle Space Needle
- Flunking the Drug Test segment on HuffPost Live
- Marijuana Legalization Debate with Dr. Kevin Sabet - the most-viewed video at the prestigious Baker Institute
- Complete List of Election Results We’ll Be CoveringStateLocalMeasurePurpose (red = bad for MJ)
- iPacificCalifornia Butte CountyMeasure A Approve Grow Restrictions8pm PacificCaliforniaButte CountyMeasure BRegulate Medical Grows8pm
- PacificCaliforniaCathedral CityMeasure NMarijuana Taxes8pm PacificCaliforniaDesert Hot SpringsMeasure HHMarijuana Taxes8pm PacificCaliforniaDesert Hot SpringsMeasure IIMarijuana Taxes8pm
- PacificCaliforniaEncinitasMeasure FOverturn Dispensary Ban8pm PacificCaliforniaLa MesaMeasure JOverturn Dispensary Ban8pm PacificCalifornia Lake CountyMeasure ORegulate Medical Grows8pm PacificCaliforniaLake CountyMeasure PAllow Medical Grows8pm
- PacificCaliforniaNevada CountyMeasure SFix Medical Grows8pm PacificCaliforniaSanta AnaMeasure BBLimit Dispensaries8pm PacificCaliforniaSanta AnaMeasure CCProhibit Dispensary Ban8pm PacificCaliforniaSanta CruzMeasure LMarijuana Taxes8pm
- PacificCaliforniaSanta Cruz CountyMeasure KMarijuana Taxes8pm
- PacificCaliforniaShasta CountyMeasure ARepeal Grow Restrictions8pm
- PacificCalifornia Shasta LakeMeasure CMarijuana Taxes8pm PacificCaliforniaWeedMeasure KProhibit Medical Grows8pm PacificCaliforniaWeedMeasure LAllow Dispensaries8pm PacificCaliforniaMeasure 47Defelonize Possession8pm
Medical Marijuana Issues
Can You be Fired for Using Medical MJ?
http://blogs.lawyers.com/2013/01/fired-for-medical-marijuana/
“The ADA plainly states that current use of illegal drugs cannot be considered a disability,” according to the head ADA lawyer at the EEOC.
“Because federal – as opposed to state – law does not recognize the medical use of marijuana, current use of marijuana, even if permitted under state law and prescribed by a physician, would still be considered illegal drug use under federal law and an employer would be free to fire an employee for that reason,” says the EEOC lawyer. That means that even in states where medical marijuana is legal, employees with those prescriptions are not protected from losing their jobs by the ADA. See link for entire article.
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2015 Oakland, CA: Government Targeting Harborside Health Center, case being argued at 9th Circuit Ct. of Appeals
US Govt. Attorney Haag first targeted Harborside Health Center, a $25-million-a-year business widely considered to be the nation's largest marijuana dispensary, in July 2012 on grounds that the facility had grown too big.
Later that year, attorneys representing the city of Oakland sued to block Haag's actions, arguing that Harborside is an asset to the community and that closing it may create a public health crisis. The case is now being argued before the U.S. 9th Circuit Court of Appeals.
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Medical Marijuana & The Compassionate Use Act of 1996 Health & Safety Code Section 11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposeswhere that 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.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) 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.
(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
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Health & Safety Code Section 11362.7. For purposes of this article, the following definitions shall apply:
(a) "Attending physician" means an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.
(b) "Department" means the State Department of Health Services.
(c) "Person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this article.
(d) "Primary caregiver" means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include any of the following:
(1) In any case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2, a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2, a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2, a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2, the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card.
(2) An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.
(3) An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card.
(e) A primary caregiver shall be at least 18 years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code.
(f) "Qualified patient" means a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article.
(g) "Identification card" means a document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.
(h) "Serious medical condition" means all of the following medical conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated with epilepsy.
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-336).
(B) If not alleviated, may cause serious harm to the patient's safety or physical or mental health.
(i) "Written documentation" means accurate reproductions of those portions of a patient's medical records that have been created by the attending physician, that contain the information required by paragraph (2) of subdivision (a) of Section 11362.715, and that the patient may submit to a county health department or the county's designee as part of an application for an identification card.
Home > Animal & Dog Law, Criminal Defense > California > Chico
Carolyn Chan 530-359-8810
2485 Notre Dame Blvd.
Chico, CA 95928
Over 20 years in practice
Criminal Defense, Animal Law+More
View Blog View Profile
Can You be Fired for Using Medical MJ?
http://blogs.lawyers.com/2013/01/fired-for-medical-marijuana/
“The ADA plainly states that current use of illegal drugs cannot be considered a disability,” according to the head ADA lawyer at the EEOC.
“Because federal – as opposed to state – law does not recognize the medical use of marijuana, current use of marijuana, even if permitted under state law and prescribed by a physician, would still be considered illegal drug use under federal law and an employer would be free to fire an employee for that reason,” says the EEOC lawyer. That means that even in states where medical marijuana is legal, employees with those prescriptions are not protected from losing their jobs by the ADA. See link for entire article.
=======================================================================================================
2015 Oakland, CA: Government Targeting Harborside Health Center, case being argued at 9th Circuit Ct. of Appeals
US Govt. Attorney Haag first targeted Harborside Health Center, a $25-million-a-year business widely considered to be the nation's largest marijuana dispensary, in July 2012 on grounds that the facility had grown too big.
Later that year, attorneys representing the city of Oakland sued to block Haag's actions, arguing that Harborside is an asset to the community and that closing it may create a public health crisis. The case is now being argued before the U.S. 9th Circuit Court of Appeals.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Medical Marijuana & The Compassionate Use Act of 1996 Health & Safety Code Section 11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposeswhere that 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.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) 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.
(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
Health & Safety Code Section 11362.7. For purposes of this article, the following definitions shall apply:
(a) "Attending physician" means an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.
(b) "Department" means the State Department of Health Services.
(c) "Person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this article.
(d) "Primary caregiver" means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include any of the following:
(1) In any case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2, a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2, a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2, a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2, the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card.
(2) An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.
(3) An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card.
(e) A primary caregiver shall be at least 18 years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code.
(f) "Qualified patient" means a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article.
(g) "Identification card" means a document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.
(h) "Serious medical condition" means all of the following medical conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated with epilepsy.
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-336).
(B) If not alleviated, may cause serious harm to the patient's safety or physical or mental health.
(i) "Written documentation" means accurate reproductions of those portions of a patient's medical records that have been created by the attending physician, that contain the information required by paragraph (2) of subdivision (a) of Section 11362.715, and that the patient may submit to a county health department or the county's designee as part of an application for an identification card.
Home > Animal & Dog Law, Criminal Defense > California > Chico
Carolyn Chan 530-359-8810
2485 Notre Dame Blvd.
Chico, CA 95928
Over 20 years in practice
Criminal Defense, Animal Law+More
View Blog View Profile