Medical Marijana Question

[Hightide805]

Hi i'm new, i'm thinking about geting my card, i live in california. I was wondering if it matter if i live across from a school? someone told me it might, i was wondering if anyone had any experience with this?
Thanks, HT

 

[Damagoman]

Not sure But
a lot of cities all over the US, have a 1000 feet "drug free zone" law on the books around schools.

Not real sure,
if CaliUS has addressed this in regards to MMJ.
Some cities and counties have banned Dispensaries
from the same area as schools and churches.

 

[chuckjun]

it should be legal from one med state to another hell it should be legal everywhere i have my card for here. I also have my drivers licenses for here but i can use it everywhere, why not my mmj card too?

 

[Happy Kitty]

Because unfortunately, so many states still have not legalized medical marijuana. It's not recognized in those states as having any medicinal value.

But we know different, don't we.

 

[the_alchemist]

yea well it's not state to state you can't legally take buds to new york from cali since you have a card..i wish you could.

actually, you may take the legal maximum and board a plane in california with it provided you contact the airport police and they check your recommendation with your doctor before you board the plane. an lax police officer told me so. btw, this was for a lax to kennedy flight. i questioned the officer about what would happen to me on the other end? his response was that the state police cannot prevent you from taking what is your legally prescribed medication, even if legal only by state law, with you when you leave the state as you have a constitutional right to travel that is protected by both state and federal law.

i immediately hung up and contacted the authorities at jfk to inquire about the information given to me by the lax officer. i was told, excuse my paraphrasing it, 'that the chances i would even be caught are far less as i would be arriving at the airport only to exit (and especially less likely for me as i go in a wheelchair straight through the elevator the back way and out the door due to my condition), but, that in the event i was caught, i would have to go through a legal hassle which would end up turning out in my favor provided i am a CA resident and all is legitimate.' when i mentioned that the "if, then" part of his response concerned me as he clearly cannot assure me of the outcome of this unlikely potential hassle i would have. he responded by telling me "to mail it." i was aghast and told him that that was not even legal in california...how stupid. nonetheless, i thanked him for his time and advice and hung the phone up barely able to contain myself.

obviously, i was in awe at both officers' responses. the fact is the lax officer is correct and there are procedures in place for them to check your verification and let you fly away. however, you are crossing state lines once you depart on the plane and are taking a risk of getting caught on the other end. i do believe your chances of being caught are severely decreased, regardless of the medical cannabis laws in the state you are arriving in; however, it is not a risk i am willing to take as i am not well enough for even a 1% chance of a "hassle"! that is just me though. you can do as you see fit.

briefly, i would like to mention i have not looked into the legal to legal state travel matter, but i doubt it would make a difference. depending on the jurisdiction of the arresting officers, state vs. federal, you may have different outcomes. besides, you are crossing state lines which is a clear federal infraction which even locals may see clearly. furthermore and more significantly, your recommendation is good only for the state in which it was issued to procure and use medical cannabis in that state only in accordance with the state's laws and regulations set forth to do so. Even if you held a valid card or recommendation in the state you were traveling to, it seems implausible that the laws that grant you immunity for procuring and using medical cannabis in that second state would protect you and give you the same immunity from prosecution that the recommendation from the departing state did. they would clearly, on the face of the recommendation, violate one another. whether or not, you would have a "hassle" on your hands or be lucky enough to have the officer look the other way is a risk you have to take unless you do not get caught.

in sum, lax will permit you to leave, but i guess i would plan on staying up there for the rest of my days. they told me they do it often enough and even said all california airports do the same, so if someone decides the throw those dice, please let me know how things worked out for you. take care, be well, and stay well to all. and be safe!

 

[Hightide805]

hmmm.... i started this about being close to a school... not going over state lines... i love stoners! hah

 

[OpenYourEyes]

California Senate Bill 420

11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.

So if you live across from a school, you are fine as long as you are only smoking in your house.

 

[Hightide805]

thank you... thats what i was looking for

 

[Hightide805]

what if you live in oregon and cali (part of the year each.. or at least have residence) and have it in both states......

 

[Dr. 215]

we have a friend that was told he could not grow because he lives across from the high school - that really sucks.
Also a third hand story about flying with pot - was confiscated in Oregon even tho it came from cali and went to another legal mmj state, do not know the outcome except was told that air space is considered federal and federal laws apply.

Thats what i was gunna say. Airlines are under federal laws, not state laws. I would not advise anyone to fly with alot of MMJ...

 

[the_alchemist]

i think i was very clear to state the warnings and risks of flying with mmj. as far as i am concerned, it should not be permitted. i only relayed the story as it was mentioned in one of the postings above where someone mentioned you cannot fly with mmj. as i said the risks are too great and it is crossing federal lines regardless if the destination is a mmj state. i was simply stating the facts regarding the permissiveness of departing with it from california. after all, the officer suggested i mail it which is just as bad, if not worse, depending on the circumstances. as i stated, it would not be a risk i would be willing to undertake. however, it is each to his own, yes?