Your Word is Your Bond
Legitimate medical marijuana patients have at least three things in common. First, they have a serious illness. Second, they have either an oral or written recommendation to use cannabis for medical purposes from a licensed physician. Finally, they have the character to not divert their medical marijuana for non-medical purposes. This is the trinity of elements to which a person must adhere if he or she wants to be a legitimate medical marijuana patient under the law (Proposition 215) in the State of California.
Note that the entire test of Proposition 215 rests on the assumption that seriously ill people can be trusted to control the administration of their own medicine. Legitimate medical marijuana patients cannot fake an illness to trick a doctor into making a cannabis recommendation. Doctors are not mind-readers, so they cannot tell if a person is seriously complaining of chronic pain or simply posing as a sick person at the behest of local, state, and/or federal law enforcement agents. The law assumes people will be honest with their doctors, so should law enforcement.
The law also assumes that doctors will be honest. Physicians must faithfully adhere to their Hippocratic oath to do no harm, and there is no good reason to assume that they do not. Therefore, when a doctor subject to the authority of the California Medical Board makes a recommendation that the use of marijuana will help alleviate the suffering that a patient endures due to a serious illness, the law (and law enforcement) must take such doctors at their word.
Unless local or state police officers can articulate a fact that suggests the possession, cultivation, or distribution of marijuana by a person claiming to be a legitimate patient or caregiver is not for medical purposes, then there is no probable cause to seize property or make an arrest or citation for a marijuana offense. How can the police tell when a person claiming to be a medical marijuana patient or caregiver is a legitimate patient or caregiver? How can the police tell that a person is not diverting their medicine for non-medical purposes?
The answers are easy to see if one looks for them. If you can meet the three-pronged test of being a medical marijuana patient in the State of California, then the law says that you shall not be subject to criminal prosecution or sanction. To show your legitimacy to the police, perhaps you should simply swear to them that you are in fact a legitimate patient. Invite them to investigate your status as a medical marijuana patient or caregiver on their own time, not yours. If that is not enough, then maybe you should write down the following and give it to an inquiring officer(s): “My name is _____________ and I am a legitimate medical marijuana patient/caregiver. I certify under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.”
When you willingly take a solemn pledge to adhere to the three principles behind Proposition 215, a.k.a., the Compassionate Use Act of 1996, then you have made a vow that demands respect from local and state law enforcement officials, because you will have sworn an oath to comply with the ultimate legislators of the State of California…just like the police do. “Whatever your lips utter you must be sure to do, because you made your vow freely with your own mouth before God” (Deuteronomy 23:23). Your word is your bond.
Kenneth Michael White is an attorney and the author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica 2004). Visit www.thebeginningoftoday.com for more information.
Note that the entire test of Proposition 215 rests on the assumption that seriously ill people can be trusted to control the administration of their own medicine. Legitimate medical marijuana patients cannot fake an illness to trick a doctor into making a cannabis recommendation. Doctors are not mind-readers, so they cannot tell if a person is seriously complaining of chronic pain or simply posing as a sick person at the behest of local, state, and/or federal law enforcement agents. The law assumes people will be honest with their doctors, so should law enforcement.
The law also assumes that doctors will be honest. Physicians must faithfully adhere to their Hippocratic oath to do no harm, and there is no good reason to assume that they do not. Therefore, when a doctor subject to the authority of the California Medical Board makes a recommendation that the use of marijuana will help alleviate the suffering that a patient endures due to a serious illness, the law (and law enforcement) must take such doctors at their word.
Unless local or state police officers can articulate a fact that suggests the possession, cultivation, or distribution of marijuana by a person claiming to be a legitimate patient or caregiver is not for medical purposes, then there is no probable cause to seize property or make an arrest or citation for a marijuana offense. How can the police tell when a person claiming to be a medical marijuana patient or caregiver is a legitimate patient or caregiver? How can the police tell that a person is not diverting their medicine for non-medical purposes?
The answers are easy to see if one looks for them. If you can meet the three-pronged test of being a medical marijuana patient in the State of California, then the law says that you shall not be subject to criminal prosecution or sanction. To show your legitimacy to the police, perhaps you should simply swear to them that you are in fact a legitimate patient. Invite them to investigate your status as a medical marijuana patient or caregiver on their own time, not yours. If that is not enough, then maybe you should write down the following and give it to an inquiring officer(s): “My name is _____________ and I am a legitimate medical marijuana patient/caregiver. I certify under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.”
When you willingly take a solemn pledge to adhere to the three principles behind Proposition 215, a.k.a., the Compassionate Use Act of 1996, then you have made a vow that demands respect from local and state law enforcement officials, because you will have sworn an oath to comply with the ultimate legislators of the State of California…just like the police do. “Whatever your lips utter you must be sure to do, because you made your vow freely with your own mouth before God” (Deuteronomy 23:23). Your word is your bond.
Kenneth Michael White is an attorney and the author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica 2004). Visit www.thebeginningoftoday.com for more information.
posted by Kenneth Michael White | 1:14 PM
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