[420 Girl]

Medical marijuana users and law enforcement agencies have lost their bearings since the state Supreme Court invalidated a statute specifying just how much cannabis is considered enough for medical use.

The ruling, which came in January, has led to marijuana cases up and down the state being tossed out of court by both juries and prosecutors. Even a Vacaville case was dismissed, according to a recent Associated Press account of the situation.

The problem is that the 1996 Compassionate Use Act, the voter-adopted Proposition 215 that allows for medical use of marijuana, never stated how much pot a patient could possess. It says only that the marijuana must be for a patient's "personal medical purposes." An early court ruling decided that the amount "should be reasonably related to the patient's current medical needs."

Seven years ago, the Legislature weighed in with a statute that said 8 ounces of dried marijuana and six mature or 12 immature plants was generally the cutoff for medical use. With some exceptions, anything more could be considered illegal.

In January, the Supreme Court overturned that statute, pointing out that the Legislature does not have the ability to make such changes to a voter-approved initiative.

Of course, the entire argument could become moot this November, if California voters decide to decriminalize all marijuana use.
But if they don't, the Legislature should develop a standard and put it back to voters in the next statewide election.

Prosecutors and defense attorneys agree that having an accepted standard is the key.

As Shasta County District Attorney Gerald Benito told the Associated Press, "Gray is not a good color for the law." His thought was echoed by Bruce Margolin, a nationally renowned marijuana defense attorney, who said, "I wish there was a bright line. It's the only protection against arrest."

When California voters approved the Compassionate Use Act, they wanted to protect legitimate patients from being harassed for their medical use of marijuana. They didn't intend to allow just anyone to grow or sell it.

Of course, the whole debate could be resolved if the federal government would acknowledge that marijuana has valid medical uses and start treating it as a prescription drug. But since the states are having to take the lead in this matter, California should do so responsibly. Limits are needed, voters are the ones who must set them and the Legislature can help them do so.



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