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can you get introuble for medicinal marijuana

Discussion in 'Medical Marijuana Usage and Applications' started by ihbrave, Sep 15, 2011.

  1. #1 ihbrave, Sep 15, 2011
    i completely agree that if they take you to state court over growing medical marijuana and smoking it, if in your state it's legal then you are fine but if they take you to federal court, it is illegal to possess marijuana under federal law and you will get tied as a criminal even though you have the paper work. my mom and i got into a heated arguement and she says that the federal law doesn't trump the state law and sense it's legal in the states you can't get introuble please clear this hazzy topic up for me
     
  2. #2 anothermessage, Sep 15, 2011
    Your mother is incorrect. Federal law trumps state law. Hence the debate on states recognizing things while others don’t (medical marijuana, gay marriage, etc.) They just tend to be less “concerned” with things that are covered under state law.
     
  3. #3 LurkMode7.62, Sep 16, 2011
    technically true, but that's being challenged under several forms, including firearms as well as mmj.
    There is currently a resurgence of state's rights, and the current "federal trumps" is under fire
     
  4. #4 TranceKid, Sep 16, 2011
    Federal Law > State law.

    Currently, Obama lets medical marijuana be decided by each state, not by the federal government....despite raids and such. As long as you are growing, possessing and medicating in certain boundaries (differ by state, county, area etc) you will be fine.

    However, in California (dunno about other states) you may still get fired for testing positive for THC metabolites in your drug tests even if you have a medical card. Proposition 129 is being voted on in January (I believe) that will protect medical patients from being fire in the workplace. I seriously cannot wait for that law to pass.
     
  5. #5 LurkMode7.62, Sep 17, 2011
    not always, that model is under attack by the 10th amendment supporters. We will win eventually.

    Actually Obama very quietly reversed his position on MMj, and it is now open season on dispensaries everywhere. As going after dispensaries is nore efficient, don't expect them to come after patients in the near future, but expect it eventually. Obama started getting more money from the pharmaceutical companies.
    And you are correct about employee protection. However, even after Prop129, there are still ways to go after patients--look to the health insurance issues lately that are on the rise.

    mmj flies in the face of the companies that want to make money off selling you poisonous prescription drugs.
     
  6. #6 its_420, Sep 17, 2011
    nice i was not aware of prop 129. I will be voting this in! I need some damn work. would have given you rep but I already gave you some and cannot give more yet.
     
  7. #7 TranceKid, Sep 17, 2011
    No problem brother :smoke:
    I'm trying to spread the word on this proposition because its so crucial to all Medical Marijuana patients in California... I know for a fact a few of my patients were laid off because they were in the medical program and they were never medicated during/before work! I feel that if this can pass, patients will be protected at least to a certain degree. Federal jobs still wouldn't be protected but I don't see why regular jobs wouldn't be fine. After all, medical marijuana has nothing to do with health insurance...;)
     
  8. #8 ocsurfer, Sep 19, 2011
    This is a senate bill, not a voter initiative (Bill Text: CA Senate Bill 129 - 2011-2012 Regular Session | eLobbyist), so ordinary citizens will not be voting on it. However you can help by contacting your senator and urging them to vote for the bill:

    ASA : SB129 – Protect CA Patients from Workplace Discrimination
     
  9. #9 ocsurfer, Sep 19, 2011
    It is true that federal law trumps state law, but only when there is an actual conflict between the two. This type of conflict can occur for several reasons, however the most important reason (in the context of MMJ) would be when it is impossible to comply with both the federal law and the state law at the same time. Examples of this would be when the state law requires a citizen to do something that the federal law prohibits, or when the state law prohibits a citizen from doing something that the federal law requires.

    In the case of CA MMJ laws there is no actual conflict. California simply exempts qualfied patients from certain state laws pertaining to marijuana. The state does not require anyone to do anything that is in violation of federal law.

    BTW this holds true of most full legalization initiatives that have been put forth. States can simply remove all or part of their marijuana prohibition laws without coming into actual conflict with federal law. The state is not requiring its citizens to grow, possess, or use marijuana, it is simply choosing not to criminalize those activities.

    A "grey area" may exist, however, if the state requires citizens to participate in facilitating the production or distribution of marijuana (licensing grow-ops, inspecting dispensaries, etc...). This is what the "Cole memo" is about to a great degree. In CA, however, there is currently no state law requiring any such thing.
     
  10. #10 spikester, Sep 19, 2011
    [QUOTE=LurkMode7.62;12151171]
    Actually Obama very quietly reversed his position on MMj, and it is now open season on dispensaries everywhere. . . . Obama started getting more money from the pharmaceutical companies.
    [/QUOTE]
    Not sure how quiet that "reversal" was. I sure was aware:
    Scott Morgan: Obama's Sudden, Senseless Assault on Medical Marijuana

    Not sure what you mean by "Obama started getting more money from the pharmaceutical companies."     Apparently true, but "started" was way back in the 2008 campaign, when he and Clinton had the lead in contributions from pharm industry. In 2011 Scott Brown got more from them than the President did:

    Pharmaceutical Manufacturing | OpenSecrets


    Totally agree with your last statement. The pharm industry is about as evil as it gets, along with the health insurance/care industry.
    Peace
     
  11. #11 its_420, Sep 19, 2011
    I wish I knew more about laws and senate bills and shit like that but I just dont care. Its all mumbo jumbo to me.
     
  12. #12 cball, Sep 19, 2011
    OP must not have given a sh**...never replied, never posted anything else...
     

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