EDITORIAL : FUZZY LAW THE BEL-AIR BUST MIGHT TEST THE SCOPE AND LIMITS OF CALIFORNIA'S MEDICAL MARIJUANA LAW.THE confiscation confiscation In law, the act of seizing property without compensation and submitting it to the public treasury. Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by the police. Additionally, government action (e.g. of thousands of marijuana plants in a rented Bel-Air mansion and the arrest of an outspoken proponent of Proposition 215 is the trigger this state needs to thoroughly test this vague law. When voters approved the measure in November allowing medical uses of marijuana, they acted out of the kindness of their hearts. A large amount of anecdotal experience and medical opinion suggests marijuana helps treat such things as nausea, which often accompanies cancer chemotherapy, relieves internal eye pressure in glaucoma glaucoma (glôkō`mə), ocular disorder characterized by pressure within the eyeball caused by an excessive amount of aqueous humor (the fluid substance filling the eyeball). and combats severe weight loss associated with AIDS. As law, however, the measure is seriously flawed. It creates an absurd system that forces every law enforcement agency Noun 1. law enforcement agency - an agency responsible for insuring obedience to the laws FBI, Federal Bureau of Investigation - a federal law enforcement agency that is the principal investigative arm of the Department of Justice in each county throughout the state to figure out their own set of rules. For parents and teachers concerned with the alarming rise in drug use among teens, the measure raises too many questions and leaves too many loopholes that certainly weren't intended by voters. Proposition 215 allows anyone who is designated as a ``primary care-giver'' to possess and cultivate marijuana for a patient (or patients) on the strength of a written or oral recommendation of a doctor. No prescriptions, licenses, permits or security are required. But the measure also states it shall not be construed to supersede To obliterate, replace, make void, or useless. Supersede means to take the place of, as by reason of superior worth or right. A recently enacted statute that repeals an older law is said to supersede the prior legislation. prohibitions of conduct endangering others or condone condone v. 1) to forgive, support, and/or overlook moral or legal failures of another without protest, with the result that it appears that such breaches of moral or legal duties are acceptable. the diversion of marijuana for nonmedical purposes. Further complicating the issue is the collision with federal law, which prohibits a person from possessing or distributing marijuana. Also, the California Medical Association has not endorsed marijuana use for medical purposes, saying there is insufficient scientific evidence that the drug is effective and safe. Why, then, is the Bel-Air mansion bust the perfect test case? Sheriff's deputies arrested Todd McCormick, 27, a cancer patient, founder of a San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. cannabis cannabis: see hemp; marijuana. cannabis Any plant of the genus Cannabis, which contains a single species, C. sativa. It is widely cultivated throughout the northern temperate zone. club and an active member of the successful Proposition 215 campaign. A friend said McCormick was cultivating the pot to give to cancer sufferers like himself to ease their pain. If that is true, that he was conducting an extensive and elaborate cultivating process, breeding strains for medical research, and is a care-giver and patient, then the law should be fully and properly tested in federal court. That he was found with more than 4,000 plants appeared to be excessive to Sheriff Sherman Block and many other reasonable people. But the law does not specify how many plants care-givers can grow. That McCormick's attorney just happens to be Alan Isaacman Alan L. Isaacman (born July 12, 1942 in Harrisburg, Pennsylvania) is an American lawyer primarily famous for serving as attorney for publisher Larry Flynt. His past clients also include Geraldo Rivera, Rock Hudson and CBS, Inc. , who is famous for prevailing in pornography cases brought against Hustler magazine publisher Larry Flynt, certainly sets the stage for great theatrics the·at·rics n. 1. (used with a sing. verb) The art of the theater. 2. (used with a pl. verb) Theatrical effects or mannerisms; histrionics. as well as interesting debate. The people of California deserve to have the haze cleared from this law. |
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