Articles Posted in Medical Marijuana in California

A doctor who prescribed marijuana to patients for whom he never actually examined was not acting out of greed, but rather compassion, his attorney said following his sentencing hearing.
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The 58-year-old Michigan physician conceded he knew he was breaking the law, when he prescribed the drug on the advice of his office staff, whom he said took advantage of his willingness to help patients he believed had limited access. His practice focused primarily on those with HIV and AIDS.

He would sometimes meet groups of patients at nearby restaurants, but he didn’t always meet with patients in person. He also allowed marijuana to be grown at his home.
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Marijuana as medicine has been legal in California since the 1990s, and in other states, it’s available in various forms for different purposes under a patchwork of restrictions. The drug has been largely de-criminalized and in some places even legal for recreational consumption, but it remains barred under federal law.
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We have 23 states plus Washington, D.C. where there are millions card-carrying marijuana users and four other states where recreational use is allowed.

All of this has made for a confusing situation for employers. Many workforces consider themselves Zero Tolerance, and for years have subscribed to the idea that marijuana consumption of any kind should be strictly forbidden by workers. But now, those same copmanies may be opening themselves up to employment litigation for targeting workers who use marijuana on their off-time or even on the job as medicine.
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U.S. researchers have long sought to explain the link between consumption of marijuana and the trigger in appetite – often referred to as “the munchies.”
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The connection is significant not just for the potential spike in Twinkies sales, but because it’s this aspect of the drug that is often touted by those with certain serious illnesses and treatments resulting in major and potentially life-threatening weight loss.

Still, the munchies remained mostly a mystery of the drug – until now. Researchers at the Yale School of Medicine indicate they may have found – quite unexpectedly – the exact neurological responses behind the reaction.
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Patients who are prescribed medical marijuana have for years been subjected to discrimination, erroneous judgments based on outdated stereotypes and even flat-out persecution.
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Virtually no other drug carries the kind of stigma or restrictions as medical marijuana. While attitudes and laws are evolving, patients continue to fight for every inch of legitimate recognition.

Let’s take, for example, the issue of employee rights. If a worker was diabetic and needed to inject himself with insulin at some point during the work day, most employers would not – and legally could not – take issue with this action. However, if a patient prescribed marijuana for seizures or anxiety asks to smoke during break in order to continue with the day, he or she is more likely to meet a fair amount of resistance, and possibly even disciplinary action and termination.
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For business owners in Colorado and Washington State, or even where businesses sell medical marijuana, filing taxes can be complicated. As tax season draws near, the IRS has provided guidelines for filing taxes related to marijuana profits, though they could result in a heavy burden. Currently, four states have legalized marijuana for medical use. Despite states loosening their restrictions on pot, the federal government continues to maintain that the drug is a controlled substance. The conflict between state and federal law creates the potential for criminal liability–and what about taxes?

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Normal business owners will be responsible for paying state and federal income taxes, wage taxes and other expenses related to business operation. For those in the marijuana industry, filing taxes on your business means admitting to the federal government that you are committing a crime. Some have taken on this issue by filing a complaint alleging that even paying state taxes amounts to a violation of the 5th Amendment. The lawsuit challenges the taxes by claiming that you have the right not to incriminate yourself.
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One of the primary and ongoing conflicts in marijuana law is the stark opposition of state laws and the federal position. While some states continue to outlaw pot for medicinal or recreational use, an increasing number of states are following California’s lead in medical use marijuana, or Colorado’s lead in recreational use marijuana. While Obama predicts that more states will begin to legalize marijuana, he also has vowed to let states pave the way towards legalization. This drives the consternation of many marijuana advocates who believe it is “high time” for Obama or Congress to act.

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In a recent interview, Obama responded to a question about the growing conflict between state and federal laws. Obama responded by explaining how states have the opportunity to experiment with the legalization project, yet, the position of the administration has been to take a step back. Even though federal laws continue to classify marijuana as a Schedule I illegal substance, the administration is not going to spend any time, money or other resources intervening in states’ decision to legalize or pursue medical use marijuana.
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While Washington, Oregon and Colorado navigate the legalities of recreational pot, other states are trying to establish ground rules for medicinal use. Even though Illinois voters have approved medical cannabis in the state, there seems to be little government support and a lack of marijuana available. It has been almost a year and half since medical cannabis was legalized in Illinois, and not one patient has had access to use it.

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According to reports, the line of patients waiting for access is up to 650 and growing longer. The state has authorized medical marijuana to treat any condition on the list of 34, ranging from glaucoma to cancer and HIV/AIDS. While these patients have the legal right to use marijuana, there isn’t any available, and there doesn’t seem to be any groundwork supporting access.
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One of the problems with legal marijuana is it is more expensive than marijuana sold on the black market. Retailers in Colorado and Washington have complained that high taxes on legal marijuana still make black market marijuana appealing to many buyers.

Even though Washington’s marijuana market opened last summer, many stores closed because there wasn’t enough pot to sell and pot itself was more expensive than ever. Now that a new harvest of marijuana is making the legal crops more accessible to retailers, there have been additional problems with the legal pot industry.

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In an unexpected twist, growers are having a hard time selling their crops. Many who entered the industry are now considering backing out because of the low rate of sales on the legal market. According to reports, licensed growers had harvested 31,000 pounds of marijuana, but the pot shops have only been able to sell less than 20 percent of those crops. State users have stuck with buying on the black market or purchasing as medical users to avoid the significant taxes associated with recreational use marijuana. This means that the product is moving at a glacial pace off the shelves–if at all.
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Selling legal marijuana has different implications than selling marijuana on the black market. Similarly, distributing medical marijuana has different requirements than from selling recreational-use marijuana.

According to Business Week, pot sellers in Washington State are lobbying against a marijuana market. Though the state legalized recreational marijuana last year, a 1998 law also gave pot smokers legal protection if they had a note recommending marijuana for medical use. Under this provision, marijuana dispensaries were able to sell pot for medical use. Without setting up infrastructure for use, including patient registry or ID cards, the medical marijuana market thrived.
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After marijuana was legalized for recreational use, everyone was able to buy and sell weed, even without a doctor’s note. The 2012 initiative also established a tax system and licensing regime to be followed by pot growers and retailers registered with the Washington State Liquor Control Board. The agency is responsible for regulating and overseeing product testing and labeling. According to reports, recreational pot has become 50 percent more expensive than medical marijuana, which can still be purchased on the black market.

According to critics, those who buy pot legally for recreational use must pay significantly more than those who simply purchase medical marijuana.
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Medical researchers are investing significant time and resources to study the advantages of marijuana treatments. In a recent study, two cannabis components have been found to have a significant effect on the size of cancerous tumors in the brain. The treatment is especially effective when combined with radiotherapy, according to researchers.

According to representatives from the study, the combination of marijuana treatment and radiation can effectively make tumor growths “disappear.”
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While the pronouncement may overstate the effects, it should raise hopes for medical researchers, doctors, patients and their families. The research was conducted by cancer specialists at St. Georges University of London. The study was published in the Molecular Cancer Therapeutics Journal.

According to the findings, there are 85 cannabinoids in the cannabis plant. The two cannabinoids that have been shown to have a positive effect on tumors are tetrahydrocannabinol (THC) and cannabidiol (CBD). The researchers combined the two cannabinoids with radiotherapy treatment and published their results. According to the study, combining the cannabinoids with radiotherapy can have a “drastic” effect on tumors.
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