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California Patients To File Lawsuit Over New Medical Marijuana Regulation And Safety Act


california capital marijuanaThe American Medical Marijuana Association (AMMA) has announced that it is filing a lawsuit over the violation of Prop. 215 by the California Legislature and Governor Brown. The recent adoption of the Medical Marijuana Regulation and Safety Act attempts to modify a voter initiative, Prop. 215, something specifically forbidden by the California constitution.

“Our medical cannabis rights, protected for nearly 20 years by Prop. 215, have been hijacked and Prop. 215 is under attack like never before. The new law is an unacceptable and illegal infringement on our rights under Prop. 215,” said Steve Kubby, Executive Director of AMMA.

Kubby listed four areas that were of the greatest concern to patients and their physicians:

1. Patient gardens now limited to 100 square feet.
2. It is now a crime to share a joint from your garden with anyone.
3. Must now use your regular doctor for recommendations, most of whom have no experience with the medical use of cannabis
4. Allows city, county or both to ban cultivation, storage, manufacture, and transport.

“I’m getting calls from frightened patients who fear their own state government is planning on going after cannabis doctors as if they are some sort of dangerous threat that must be carefully supervised. Sick people cannot handle this kind of stress. Thousands of patients will die because of this calculated attempt to thwart the will of the people and deprive them of medical cannabis and the doctors who write recommendations to use the healing herb,” added Kubby.

David Allen, a retired heart surgeon and expert on cannabinoid medicine, warns against the unintended consequences of the new Medical Marijuana Regulation and Safety Act. According to Allen, the proposed law “will create more crimes of cultivation, processing, storage, transportation, sales, and possession. It will create an army of bureaucrats that will increase the police state and create super drug task force solely for Cannabis and no other drug.”

Source: http://americanmarijuana.org


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Johnny Green


  1. Raids in SOCal
    5 local shops closed
    Post ICO
    alleged FED involvement

  2. Yes, it is my medicine. I have systemic sclerosis. I don’t pay taxes on the poison prescription drugs I take. These “regulations” (if you can call them that) will possibly take away my right to grow and further limit access to my medicine if my county continues its hostility towards cannabis, and probably increase my costs.

  3. For one thing, nobody should be controlling anybody’s drug use except the patients themselves. The only exceptions are people who are incompetent (either permanently or due to severe illness, coma, etc) or minors. But competent adults should always be able to override their doctors’ opinions as long as antibiotics aren’t involved.

    For another thing, you are comparing apples and oranges .Vicoden is a pharmaceutical. Cannabis is an herb with medicinal properties.

  4. Regarding my “legitimate needs”, I’ve had 2 back surgeries and now have a spinal cord stimulator permanently implanted in my body. I’ve also had surgery on both hands and am in a wheelchair. Your throwing quotations all over your post make it seem as though you’re questioning my integrity, which I highly suggest you avoid.

    I’m uncertain what makes you think you have the right to question a stranger’s “claims” with such an accusatory tone, but it would be wise to not make assumptions in the future. If you had any actual knowledge about permanent disability, you would understand the strict limitations of pain management facilities (and their continued anti-cannabis position due to their close relationship with the DEA) and the need for legitimate patients to stick with proven doctors who’ve been with them for more than 15 years.

    Nobody should have the power to require any patient to give up their team of doctors simply because cannabis doesn’t fit within the doctor’s personal moral/religious views.

  5. Actually you can grow opium poppies semi-legally in your garden. The seeds aren’t illegal, the poppies aren’t illegal, cultivating them isn’t illegal, but having dried or scored seed pods or stalks on your property could spell trouble.

    Morphine would be a bit harder to get though, as the extraction process is slightly lengthy and labor intensive, and unavoidably requires some pretty nasty, toxic chemicals and would be fairly difficult to do at home.

    Making BHO has an explosion risk if you do it in an enclosed space. The answer is ventilation, which can be done at home. Please stop comparing things that aren’t comparable.

    The harm in this new legislation is that it is needlessly restrictive of a drug that is on the same level as alcohol, which is legal everywhere, and can kill you, unlike cannabis, and if you’re an American, you should oppose the government controlling your life, at least on some level.

  6. You sure are keen on keeping yourself ignorant. Why wouldn’t you want to know more about the medicine you take, why it works, and how it works, so that when the lawmakers, who are oh so rarely in touch with the real world, come along with a scary claim about what it does, you can tell them to fuck right off, because you actually know better.

    Secondly, marijuana does not even compare to narcotics like Vicodin, OxyContin, or morphine (All derivatives of opium, I might add. Ever heard of heroin?) To compare the two is foolish and simply incorrect, no one has ever died from THC overdose. The other 4 all have many overdose deaths attached to their name. Those drugs are so highly regulated because they are all HIGHLY ADDICTIVE NARCOTICS. Marijuana, on the other hand, is not, and is not deserving of this level of regulation. Even alcohol can kill you if you drink too much and yet that is legal everywhere. Weed can’t.

    Despite your nickname, “Bongstar420”, I suspect you’ve never smoked weed in your life, or you wouldn’t be comparing weed to opiates. If you have, well, then I don’t think I can explain to you why you look like such an idiot right now.

  7. Cities have no business banning cultivation, storage, manufacturing, and transport of medicine. I was wondering how this would all shake out and it is clear that prohibitionists are on a serious mission to kill the progress that has been made by the citizens of the great state of Ca.
    I do fear for the future of legal cannabis if Ca. has real setbacks, but we must charge forward all the same, damn the poison arrows.

  8. Only if you are able to grow indoors can one harvest that often. Now, if you know so much about growing then you would know that the expense to grow indoors can be tremendous. Consider the cost of lighting, construction, electrical, pots, soil, nutrients, pest control, ventilation and, when it’s up and running, the cost of electricity. Growing is not so easy. One must maintain a regular water schedule, apply nutrients, look for pests and diseases, one must treat for pests and diseases (sometimes the entire crop is lost). There is also the carbon footprint, from energy usage, some growers of cannabis are environmentally conscience.

    Instead of just trolling, why don’t you just state the reasons for your position on cannabis.

  9. Boy, you keep going to extremes. Who has said anything about bho and if you are going to make comparisons try at least comparing apples to apples.

  10. 1. 100 square feet is not that much area. If growing outdoors, a 10 x 10 area is barely enough room for one mature plant. Rarely does one plant produce 8 lbs of trimmed buds.
    2. Cannabis is not a prescription drug…laws that apply to pharmaceuticals do not apply to cannabis.
    3. Fentanyl can kill, so of course a doctor must prescribe the appropriate doses. No deaths, so far from, cannabis have been documented. (Before you go off on the “non-documented” part, I’m sure if there was ever a death from cannabis, people like you would be using it in their argument.)
    4. Cities can ban anything they like; however, when the state constitution has been amended by popular vote to allow certain activities, and the cities try to ban these certain activities, then the cities will have their ban overturned.

  11. You “need” 8lbs of harvest all the time for your “back pain?”

    100sq/ft can harvest 8lbs, 3-5 times a year pretty easily.

    This isn’t a money grab and control tactic for common folk with the claim that all patients “need” the maximum quantity possible?

  12. Get a legitimate doctor who will support your legitimate “needs”

    if they are “legitimate” you won’t have a real problem after the Feds get their act together.

    If you doc is so great, they should see the legitimacy of your claims.

  13. Why not just legalize it and keep unlicensed producers from being able to profit?

    Or are you just against all forms of taxes and regulations on your favorite vice/”medicine?”

  14. Please explain the harm?

    You mean like how they can’t grow their own Morphine?

    Making Morphine is safer than making BHO.

  15. Ya…having someone more knowledgeable than you controlling your drug use is bad…average people know best

    Is that why doc’s get in trouble when they don’t ask questions why you need 150 Vicoden a month?

  16. If its just “medical:”

    100sq ft= 8lbs at 400g/m^2 (average yields). Who “needs” 8 lbs a year?

    Your not supposed to share your Vicoden, why do you need to share your pot?

    So your doctor should have no say in how much Fentanyl you consume?

    Can’t cities ban chicken coups and horses?

  17. The doctor thing is bad, but for those who grow at home and share with patients that are local friends, family and other patents is really bad. First I have to get a license to grow from the state and the locals (more costs)…then I have to go thru a ‘distributor’ (who will buy cheap and sell high), then the distributor has to have it thoroughly tested for everything (another license and more costs), then the distributor can sell it to a dispensary (another license and more costs)…and i’m sure they’ll ad some more taxes along the way…prices will be going up.

  18. The good news here is you get to keep your doctor and recommendations will be issued the same way. “Attending physician” is language already used in SB 420, and the medical board already authorized to go after doctors who “excessively recommend” cannabis. Because of the provision in Prop 215 that no doctor can be punished for recommending marijuana for a medical condition, there is strong limits on restrictions on doctors. They’ve tried in the past, and have failed.

  19. The worst of all this is this phony law, that clearly violates prop 215’s right for personal use cultivation, is it gives cities the option to ban patients growing their own medicine for themselves. This defeats half the purpose of Prop 215.

  20. Requiring patients to have their primary physician recommend cannabis will effectively prevent me from obtaining medicine. I happen to see a doctor at a Seventh Day Adventist facility. I already have to see another doctor to get birth control because he’s not comfortable prescribing itl!

    Speaking for myself, it’s reprehensible to require me to choose between losing the doctor I’ve seen for over ten (10) years, one who arguably knows more about my complexities than several doctors put together or obtaining a new doctor that doesn’t know anything about me. I happen to absolutely L-O-V-E him, despite his one quirk.

    It’s outrageous that the government thinks it knows more about our needs as patients than us and I’m very happy that they are being taken to task on this violation of voter’s rights. Hopefully they will be forced to accept that as a group, cannabis users are now considerably more vocal, educated, and organized than ever before. It’s high time they realize we’re not the stereotypical stoners they had hoped for. (Pun not intended, but humorously accepted!)

  21. Fucknyeah right ! Go Kubby!
    I saw Dana Biel making waves in NYC
    These people are trying to gut whatever system is in place
    Prop 215 voter’s initiative
    SB whatever number
    Senate Bill
    We the people pass a bill and the Senate undermines that and the governor can veto that?

  22. I told you this bill was written by the COPS and special interests, all behind closed doors, NO regard to the patients or prop 215. Just a bureaucratic money grab and control tactic.

  23. It’s all about money. Mmj in Cali have been leaders in developing the whole cannabis business in the USA. Voters in N. Cali even put in cannabis friendly officials. Now they are being cut out of picture because cops want regulation and legislators want money. Guess who gets left out to dry.

  24. Wow I’m a patient and I grow my own med bud and donate half of each grow to cancer patients for no profit at all……. Will this law stope helping the sick people I’m worried…….

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