Monday, August 25, 2008
Medical Marijuana...Attorney General Brown releases guidelines to Law Enforcement!
Today, Jerry Brown - the Attorney General for the State of California - released guidelines that direct law enforcement on how to approach encounters with medical cannabis patients and that explicitly acknowledge that "a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful pursuant to existing California Law."
These guidelines are a direct result of a cooperative effort between representatives and volunteers at "Americans for Safe Access" and the Attorney General's office.
In fact, according to my sources, the Attorney General's office approached ASA staff and volunteers for cooperation and assistance in drafting the guidelines.
As a result, there has been a fruitful outcome that represents a milestone in the legal acceptance of California's medical cannabis laws by State Officials and Law Enforcement.
In essence, the Attorney General’s guidelines represent a major turning point for the state of California.
Attorney General Brown - the highest-ranking law enforcement officer in California - has not only pledged his support, but joined voters, lawmakers, and the courts in reaffirming the validity of the State Law regarding medical marijuana use.
The guidelines provide a long-awaited directive for patients and police - as well as for lawyers, judges and public officials - so that everyone concerned can better understand the rights, responsibilities, and obligations of "all" under State Law.
In sum, the guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they should not be arrested and their medicine should not be confiscated.
Bottom line, the State Attorney General's office has reaffirmed that California's Medical Marijuana Law is not preempted by Federal Law.
Accordingly, the Attorney General shall direct all,
"State and local law enforcement officers [to] not arrest individuals or seize marijuana under Federal Law when an individual's conduct is legal under said state law," informed sources disclosed.
These guidelines did not come without a fight though, and represents five years of hard-fought battles around the State with various levels of government, Law Enforcement, and the citizenry itself.
For a review of the guidelines:
www.americansforsafeaccess.org
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