AB1811 Would Legalize Paraphernalia for Medical Use

[Jim Finnel]

CA - AB 1811 was passed by the Assembly Public Safety committee on March 23rd and will now go to the Assembly floor. CalNORML director Dale Gieringer testified in favor of the bill at the hearing.

March 10 - A bill to legalize medical marijuana paraphernalia has been introduced by Assemblyman Tom Ammiano (D-SF). The bill, AB 1811, modifies the existing drug paraphernalia law to exempt items designed or marketed for lawful purposes, notably medical use of marijuana.

AB 1811 would protect both patients and vendors from bogus arrests, which continue to be reported despite passage of Prop. 215. "It makes no sense to allow medical marijuana while criminalizing the means to use it," stated California NORML in a letter endorsing AB 1811.

Among the useful items that would no longer be illegal under AB 1811 are equipment for testing and analyzing medical marijuana; inhalation devices including water pipes, bongs and electric pipes; cultivation equipment; processing and packaging equipment including scales and balances, sifters, containers and packages; and mixing bowls, spoons and other equipment for preparing edibles and extracts.

Most of these items are presently sold under the pretense that they are for other uses like tobacco or growing tomatoes. Under AB 1811, vendors would be free to inform customers about their proper use, as well as to provide relevant consumer information and health literature on medical marijuana.


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Source: canorml.org
Copyright: 2010 CaNORML
Contact: eMail Us | California NORML
Website: AB1811 Would Legalize Paraphernalia for Medical Use | California NORML

 

[TorturedSoul]

Legal Questions (From a Dummy)

CA - AB 1811 was passed by the Assembly Public Safety committee on March 23rd and will now go to the Assembly floor. CalNORML director Dale Gieringer testified in favor of the bill at the hearing.

March 10 - A bill to legalize medical marijuana paraphernalia has been introduced by Assemblyman Tom Ammiano (D-SF). The bill, AB 1811, modifies the existing drug paraphernalia law to exempt items designed or marketed for lawful purposes, notably medical use of marijuana.

During first-pass through my old gray matter this sounded like a great and necessary thing.

But then I ran it through for a second pass and I've got to ask (any CA lawyers out there, lol?): Isn't CA the only state that has amended its state constitution to legalize marijuana for medical use? If so, unless it clearly states that the sole method for using marijuana that would have any medical benefit would be eating it, then... Then I would believe that any paraphernalia directly connected to a person's medical use would have a de facto approval even though it is not already clearly stated. IOW, I am of the belief that currently-existing laws that forbid paraphernalia are automatically null and void - in terms of their use by persons approved to use marijuana medically, which is all that this bill covers - because they prevent those persons from doing something that is written into your state's constitution.

So the current paraphernalia laws are unconstitutional! Y'all shouldn't require yet another law - just the current one (covering paraphernalia) to be struck down by the courts.

It is no wonder that governments are said to be slow, ungainly beasts that do nothing but eat and defaecate....