Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
LaVonne Victor is not a criminal, but sometimes she feels like one.
"Why?" she asked emphatically. "Why should we be made to feel like lawbreakers when we're only taking what our doctors prescribed?"
Victor, a Temecula resident, is talking about medical marijuana. It's a volatile subject, and the ongoing debate over its use is a source of great concern for people like her. A new support group in Riverside is offering help.
Victor suffers from multiple sclerosis, seizures and agoraphobia. She's taken many traditional medications with little results and life-altering side effects including depression, mood swings and exhaustion.
About nine years ago her husband attended Hempfest, an event promoting the positive aspects of cannabis, more commonly known as marijuana.
According to the National Institute on Drug Abuse, marijuana is a dry, shredded green and brown mix of flowers, stems, seeds and leaves derived from the hemp plant cannabis sativa. The main active chemical in marijuana is delta-9-tetrahydrocannabinol, THC for short. THC acts on specific sites in the brain, called cannabinoid receptors, kicking off a series of cellular reactions that ultimately lead to the high users experience. Cannabis can be smoked, cooked into foods and ingested from a vapor.
After talking to several doctors, Victor's husband thought the infamous plant might help her. She obtained a legal prescription and started taking the cannabis. Her health improved, and she showed no side effects.
There are thousands of stories like Victor's, where cannabis has succeeded in relieving excruciating pain when traditional medications have failed.
However, according to the U.S. Drug Enforcement Administration's Web site, "there is no consensus of medical evidence that smoking marijuana helps patients."
On the site the DEA shows supportive statements from the American Medical Association, which has rejected pleas to endorse marijuana as medicine, and instead has urged that marijuana remain a prohibited substance ... at least until more research is done.
Also, the American Cancer Society "does not advocate inhaling smoke, nor the legalization of marijuana," according to an official statement by the organization. However, the society does support carefully controlled clinical studies for alternative delivery methods, specifically a THC skin patch.
Many who suffer from various ailments and choose cannabis as a treatment support its legalization and believe in its health benefits. Their own bodies are proof, they say.
But they face such daily challenges as where to get it legally, battling the high cost of it, and fighting the stigma that surrounds it.
About three months ago, the Marijuana Anti-Prohibition Project started the Inland Empire Medical Marijuana Patient Support Group for patients to discuss their individual hardships and share information.
Meetings are at the THCF Medical Clinic in Riverside, which serves the Inland Empire. The clinic does not dispense cannabis.
Lanny Swerdlow, a registered nurse at the clinic, has been involved in the campaign to legalize cannabis for decades. He facilitates the meetings, sharing his knowledge of the subject.
Fidel Valenzuela, 29, attends the support group regularly. Nearly three years ago the Colton resident was in a devastating motorcycle accident, colliding with a truck at 45 miles an hour.
The nerves from his right arm were disconnected from his spine. They are held together now with two plates and eight screws.
"The pain was unbelievable and constant, 24/7," he said.
The pills he was prescribed changed his personality from a laid-back, even-tempered guy to someone he didn't recognize.
"I had really bad mood changes, I was real snappy, got angry real fast," Valenzuela said. "They also gave me stomach problems, so bad I couldn't eat. I had blood in my stool. I started just taking the pills at night, but sometimes the pain was still so bad. Then, I started drinking to stop the pain."
Before his accident Valenzuela was a health nut, watched what he ate, worked out at the gym and didn't do drugs.
A family member who saw Valenzuela's pain offered him some cannabis and something unexpected happened.
"Smoking the marijuana gave me such relief," he said. "It took the edge off the pain without side effects."
He felt better but was uneasy about how little he knew about what he was putting in his body. The support group helped fill that void.
Venezuela was able to share his story, listen to others and learn from their experiences.
"At the support group you can ask questions and find out the do's and don'ts," he said.
One of the most intense topics at the meetings is availability and cost.
According to marijuana seeds marijuana pipes, seven grams, or one-fourth of an ounce, for most varieties can run between $85 and $400. Prices on the street can be less, but there is a legal risk and no quality control.
For Valenzuela, who's been out of work since his accident, all options are a hardship.
"I can only buy a little at a time, then I have to ration it out," he said.
Though there are long-standing debates about the positive and negative effects of cannabis, it is, to date, illegal except for those Californians who qualify under The Compassionate Use Act of 1996.
The general public is invited to attend the clinic's support group meetings.
Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine. Jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). However, under Proposition 36, effective July 1, 2001, first- and second-time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal-use cultivation) offenders can also avoid conviction by making a pre-guilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.
Possession of one ounce or less in a vehicle while driving may also be charged under Vehicle Code 23222, which is treated identically to HSC 11357 B.
No arrest or imprisonment is allowed for possession of less than one ounce of marijuana. However, police often get around this provision by charging minor offenders with intent to sell (see below).
Marijuana defined. "Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination" (H&SC 11018).
Possession with intent to sell any amount of marijuana is a felony under Health and Safety Code 11359. Police often charge intent to sell if they see such indicia as: scales, cash, multiple packages, "commercial" packaging materials, "excessive" quantity, pay-owe sheets, address books, pagers, etc.
Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.
Medical marijuana: Medical patients and their designated primary caregivers may legally possess and cultivate, but not distribute or sell, marijuana under Health and Safety Code 11362.5 (Proposition 215) if they have a physician's recommendation or approval.
Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360. Transporting or giving away one ounce or less is a misdemeanor punishable by a maximum $100 fine.
Sale or distribution to minors is a felony under Health and Safety Code 11361.
Marijuana paraphernalia are illegal to sell or manufacture, but not possess, under Health and Safety Code 11364. All marijuana paraphernalia are subject to seizure by the police.
Driving suspension for minors: Any minor (age under 21) convicted of any marijuana, alcohol, or other drug offense faces a 12-month driver's license suspension, regardless of whether the offense was driving-related. The court may allow restricted license privileges if the minor demonstrates a "critical need to drive." Vehicle Code 13202.5. (Note: This penalty can be avoided by entering a diversion program.)
Driving under the influence: It is unlawful to drive while under the influence of marijuana (or alcohol or any other drug) by Vehicle Code 23152. "Under the influence" is not specifically defined in the statute, but is interpreted to imply some degree of impairment. Therefore the mere fact of having taken a toke of marijuana does not necessarily mean one is DUI. For evidence of impairment, officers may administer a field sobriety test. Arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612. Since marijuana is detectable for much longer periods in urine than in blood (several days vs. several hours), a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test. If you haven't smoked marijuana recently and are not under the influence, you are better off to choose a blood test, since you will probably pass it. However, if you are a chronic smoker or have smoked recently, you are better off to choose a urine test; even though you can expect to test positive, the question will at least remain open as to whether you were actually "under the influence" at time of arrest.
Marijuana in a vehicle: Drivers found in possession of less than one ounce of marijuana in their vehicles are liable for a maximum $100 misdemeanor fine under Vehicle Code 23222 (larger amounts are punishable under H&SC 11357(a) and 11359).
Forfeiture: Unlike federal law, California law requires a conviction for forfeiture of property involved in a drug crime. Also unlike federal law, state law does not permit forfeiture of personal real estate for marijuana cultivation. Vehicles may be forfeited only if 10 pounds or more of marijuana is involved. Health and Safety Code 11470.
State marijuana laws - Find California Code
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Bernardino County Sun
Copyright: 2008 San Bernardino County Sun
Contact: Home - San Bernardino County Sun
Website: Group backs medical marijuana - San Bernardino County Sun
"Why?" she asked emphatically. "Why should we be made to feel like lawbreakers when we're only taking what our doctors prescribed?"
Victor, a Temecula resident, is talking about medical marijuana. It's a volatile subject, and the ongoing debate over its use is a source of great concern for people like her. A new support group in Riverside is offering help.
Victor suffers from multiple sclerosis, seizures and agoraphobia. She's taken many traditional medications with little results and life-altering side effects including depression, mood swings and exhaustion.
About nine years ago her husband attended Hempfest, an event promoting the positive aspects of cannabis, more commonly known as marijuana.
According to the National Institute on Drug Abuse, marijuana is a dry, shredded green and brown mix of flowers, stems, seeds and leaves derived from the hemp plant cannabis sativa. The main active chemical in marijuana is delta-9-tetrahydrocannabinol, THC for short. THC acts on specific sites in the brain, called cannabinoid receptors, kicking off a series of cellular reactions that ultimately lead to the high users experience. Cannabis can be smoked, cooked into foods and ingested from a vapor.
After talking to several doctors, Victor's husband thought the infamous plant might help her. She obtained a legal prescription and started taking the cannabis. Her health improved, and she showed no side effects.
There are thousands of stories like Victor's, where cannabis has succeeded in relieving excruciating pain when traditional medications have failed.
However, according to the U.S. Drug Enforcement Administration's Web site, "there is no consensus of medical evidence that smoking marijuana helps patients."
On the site the DEA shows supportive statements from the American Medical Association, which has rejected pleas to endorse marijuana as medicine, and instead has urged that marijuana remain a prohibited substance ... at least until more research is done.
Also, the American Cancer Society "does not advocate inhaling smoke, nor the legalization of marijuana," according to an official statement by the organization. However, the society does support carefully controlled clinical studies for alternative delivery methods, specifically a THC skin patch.
Many who suffer from various ailments and choose cannabis as a treatment support its legalization and believe in its health benefits. Their own bodies are proof, they say.
But they face such daily challenges as where to get it legally, battling the high cost of it, and fighting the stigma that surrounds it.
About three months ago, the Marijuana Anti-Prohibition Project started the Inland Empire Medical Marijuana Patient Support Group for patients to discuss their individual hardships and share information.
Meetings are at the THCF Medical Clinic in Riverside, which serves the Inland Empire. The clinic does not dispense cannabis.
Lanny Swerdlow, a registered nurse at the clinic, has been involved in the campaign to legalize cannabis for decades. He facilitates the meetings, sharing his knowledge of the subject.
Fidel Valenzuela, 29, attends the support group regularly. Nearly three years ago the Colton resident was in a devastating motorcycle accident, colliding with a truck at 45 miles an hour.
The nerves from his right arm were disconnected from his spine. They are held together now with two plates and eight screws.
"The pain was unbelievable and constant, 24/7," he said.
The pills he was prescribed changed his personality from a laid-back, even-tempered guy to someone he didn't recognize.
"I had really bad mood changes, I was real snappy, got angry real fast," Valenzuela said. "They also gave me stomach problems, so bad I couldn't eat. I had blood in my stool. I started just taking the pills at night, but sometimes the pain was still so bad. Then, I started drinking to stop the pain."
Before his accident Valenzuela was a health nut, watched what he ate, worked out at the gym and didn't do drugs.
A family member who saw Valenzuela's pain offered him some cannabis and something unexpected happened.
"Smoking the marijuana gave me such relief," he said. "It took the edge off the pain without side effects."
He felt better but was uneasy about how little he knew about what he was putting in his body. The support group helped fill that void.
Venezuela was able to share his story, listen to others and learn from their experiences.
"At the support group you can ask questions and find out the do's and don'ts," he said.
One of the most intense topics at the meetings is availability and cost.
According to marijuana seeds marijuana pipes, seven grams, or one-fourth of an ounce, for most varieties can run between $85 and $400. Prices on the street can be less, but there is a legal risk and no quality control.
For Valenzuela, who's been out of work since his accident, all options are a hardship.
"I can only buy a little at a time, then I have to ration it out," he said.
Though there are long-standing debates about the positive and negative effects of cannabis, it is, to date, illegal except for those Californians who qualify under The Compassionate Use Act of 1996.
The general public is invited to attend the clinic's support group meetings.
Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine. Jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). However, under Proposition 36, effective July 1, 2001, first- and second-time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal-use cultivation) offenders can also avoid conviction by making a pre-guilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.
Possession of one ounce or less in a vehicle while driving may also be charged under Vehicle Code 23222, which is treated identically to HSC 11357 B.
No arrest or imprisonment is allowed for possession of less than one ounce of marijuana. However, police often get around this provision by charging minor offenders with intent to sell (see below).
Marijuana defined. "Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination" (H&SC 11018).
Possession with intent to sell any amount of marijuana is a felony under Health and Safety Code 11359. Police often charge intent to sell if they see such indicia as: scales, cash, multiple packages, "commercial" packaging materials, "excessive" quantity, pay-owe sheets, address books, pagers, etc.
Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.
Medical marijuana: Medical patients and their designated primary caregivers may legally possess and cultivate, but not distribute or sell, marijuana under Health and Safety Code 11362.5 (Proposition 215) if they have a physician's recommendation or approval.
Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360. Transporting or giving away one ounce or less is a misdemeanor punishable by a maximum $100 fine.
Sale or distribution to minors is a felony under Health and Safety Code 11361.
Marijuana paraphernalia are illegal to sell or manufacture, but not possess, under Health and Safety Code 11364. All marijuana paraphernalia are subject to seizure by the police.
Driving suspension for minors: Any minor (age under 21) convicted of any marijuana, alcohol, or other drug offense faces a 12-month driver's license suspension, regardless of whether the offense was driving-related. The court may allow restricted license privileges if the minor demonstrates a "critical need to drive." Vehicle Code 13202.5. (Note: This penalty can be avoided by entering a diversion program.)
Driving under the influence: It is unlawful to drive while under the influence of marijuana (or alcohol or any other drug) by Vehicle Code 23152. "Under the influence" is not specifically defined in the statute, but is interpreted to imply some degree of impairment. Therefore the mere fact of having taken a toke of marijuana does not necessarily mean one is DUI. For evidence of impairment, officers may administer a field sobriety test. Arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612. Since marijuana is detectable for much longer periods in urine than in blood (several days vs. several hours), a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test. If you haven't smoked marijuana recently and are not under the influence, you are better off to choose a blood test, since you will probably pass it. However, if you are a chronic smoker or have smoked recently, you are better off to choose a urine test; even though you can expect to test positive, the question will at least remain open as to whether you were actually "under the influence" at time of arrest.
Marijuana in a vehicle: Drivers found in possession of less than one ounce of marijuana in their vehicles are liable for a maximum $100 misdemeanor fine under Vehicle Code 23222 (larger amounts are punishable under H&SC 11357(a) and 11359).
Forfeiture: Unlike federal law, California law requires a conviction for forfeiture of property involved in a drug crime. Also unlike federal law, state law does not permit forfeiture of personal real estate for marijuana cultivation. Vehicles may be forfeited only if 10 pounds or more of marijuana is involved. Health and Safety Code 11470.
State marijuana laws - Find California Code
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Bernardino County Sun
Copyright: 2008 San Bernardino County Sun
Contact: Home - San Bernardino County Sun
Website: Group backs medical marijuana - San Bernardino County Sun
