Can a dispensory in California send their products out of state if you have a legal prescription from a licensed physician?
By mail? It is illegal to send marijuana through the mail. It is also illegal to transport it across state lines, so I guess that would rule out Fedex, too. For that matter, it is a violation of federal law to possess weed in CA as well.
True enough. However, as you might know, dispensaries are set up all over California. On a recent trip to San Fran, I saw a number of advertisements for medical marijuana. So it got me to thinking…
There is a federal law outlawing medical marijuana, however California is challenging that law by using state law provisions. If my state also allows medical marijuana, could it permit me to have it across state lines?
If I can’t fedex it, what about me picking it up on my own? As long as my doctor says it is medically necessary and my state agrees, would I still be toast under the federal statues?
If the answer is yes, how is California able to keep these places open at all?
I believe the prescription for medical marijuana has to come from a California doctor.
The Obama administration has decided to not go after medical dispensaries that comply with state laws and regulations. If it weren’t for that, the dispensaries would be raided as the federal drug enforcement guys see fit (restrained only by budget, time, and manpower).
Ok, but is this under Obama only? (meaning if he’s a one-term wonder, will the medical dispensaries in California immediately go away and their owners arrested?)
It seems that if Obama decides to ignore it, this would be a perfect time for other states to open things up. This could be the opening that the medical marijuana people need to make it happen.
I’m not sure I understand how this works, though. I thought the feds position is that their laws override the state laws on this issue… so that makes any state laws and regulations irrelavant.