California Medical Marijuana
Law Constitutional
By: Rev. Frank Paul Jones aka Apostle Paul Castellano aka Jesus Christ
Understand my concern: There are 1,001 marijuana dispensaries in California. But nobody black seems to know where one is at. There sure is not one in Skid Row, where we have plenty of sick people.
If anyone can sell weed as a caregiver as long as they are a California resident, every person who sell weed needs one of these documents. It is another black out!
I went to:
I travelled about two hours and was denied a medical marijuana license,
because I am a citizen of New York. But
I am also a veteran who is in California for the purpose of getting a medical
marijuana license.
I felt it was a racist move, because evetybody
talks about how people from all over the world go to Venice, CA to get a
license and are not citizens. I knew she
was lying, because to deny anyone the right to medicine that you claim is
constitutional to use and that the Federal Government is at error and then deny
a Veteran at that the right to medical marijauna based on your understanding of
the U.S. Constitution is in fact even more unconstitutional.
I was right and I told them if they were wrong I
was not going to pay for this license after traveling 3 hours round trip and
told a bold face lie, because I was black.
The reason I say this is, if you understand the law, it allows unlimited quantities of marijuana at one ounce at a time to all license holders, be patent or caregiver. Anyone in the country can purchase it and any caregiver can have up to 5 patients.
420
Evaluations: Renew $29 First Time
113 S.
Vermont ave
Suite
16, Los Angeles 90006
(213)
384-9333
They denied me a license because I am not a state
resident. That was unconstitutional and
against Los Angeles Statue.
Before I begin understand these, I am aware of
this law, because it is the same law they could not pass in Florida and the
bottom line is California. Calilfornia
took the right side of history on this one, because the war on drug is in fact
unconstitutional ans if Calforinans who are dispensaries knew the law, not only
can they sell a out of state resident weed, but by law have the right to sell
marijauana via the website and to any state in the nation, because the position
taken and that cannot be overturned by the United States Supreme Court is that
marijauana is actually legal.
If you read the law, anyone who under the U.S.
Constitution can get one, based on this law and the Constitutional
question.,anyone who can identify himself/herself can get a marijuana license.
The intent under §11362.5. Use of marijuana for
medical purposes. was to protect the rights of Californians but not the authority
to violate the rights of everyone else and that marijuana is not illegal under
the United States Constitution.
“We hold these truths to be self-evident, that
all men are created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the pursuit of
Happiness.”
[42] which necessarily entails having the health
care needed to preserve life and pursue happiness. The purpose of the US
Constitution, as stated in the Preamble, is to "promote the general
welfare" of the people. [43] According to former Congressman Dennis
Kucinich (D-OH), as part of efforts to "promote the general welfare,"
health care "is a legitimate function of government." [44]
(f)
"Qualified patient" means a person who is entitled to the
protections of Section 11362.5, but who does not
have an
identification card issued pursuant to this
article.
(g)
"Identification card" means a document issued by the State
Department of Health Services that document
identifies a person
authorized to engage in the medical use of
marijuana and the person's
designated primary caregiver, if any.
(h)
"Serious medical condition" means all of the following medical
conditions:
(1)
Acquired immune deficiency syndrome (AIDS).
(2)
Anorexia.
(3)
Arthritis.
(4)
Cachexia.
(5)
Cancer.
(6)
Chronic pain.
(7)
Glaucoma.
(8)
Migraine.
(9)
Persistent muscle spasms, including, but not limited to,
spasms associated with multiple sclerosis.
(10)
Seizures, including, but not limited to, seizures associated
with epilepsy.
(11)
Severe nausea.
(12) Any
other chronic or persistent medical symptom that either:
(A)
Substantially limits the ability of the person to conduct one
or more major life activities as defined in the
Americans with
Disabilities Act of 1990 (Public Law 101-336).
Section 11362.5
Health & Safety Code 11362.5 — Proposition
215
§11362.5. Use of marijuana for medical purposes.
(a) This section shall be known and may be cited
as the Compassionate Use Act of 1996.
(b)(l) The people of the State of California
hereby find and declare that the purposes of the Compassionate Use Act of 1996
are as follows:
(A) To ensure that seriously ill Californians
have the right to obtain and use marijuana for medical purposes where that
medical use is deemed appropriate and has been recommended by a physician who
has determined that the person's health would benefit from the use of marijuana
in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma,
arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary
care-givers who obtain and use marijuana for medical purposes upon the
recommendation of a physician are not subject to criminal prosecution or
sanction.
(C), To encourage the federal and state
governments to implement a plan to provide for the safe and affordable
distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to
supersede legislation prohibiting persons from engaging in conduct that
endangers others, nor to condone the diversion of marijuana for nonmedical
purposes.
(c) Notwithstanding any other provision of law:
no physician in this state shall be punished, or denied any right or privilege,
for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of
marijuana, and Section 11358, relating to the cultivation of marijuana, shall
not apply to a patient, or to a patient's primary caregiver, who possesses or
cultivates marijuana for the personal medical purposes of the patient upon the
written or oral recommendation or approval of a physician.
California Health & Safety Code Section 11357
Click Hyperlink Above:
(e) For the purposes of this section, "primary
care-giver" means the individual designated by the person exempted under
this section who has consistently assumed responsibility for the housing,
health, or safety of that person. (Added by 1996 initiative Measure Prop 215
§1, eff.: 11/6/96.)
11362.82.
If any section, subdivision, sentence, clause, phrase, or
portion of this article is for any reason held
invalid or
unconstitutional by any court of competent
jurisdiction, that portion
shall be deemed a separate, distinct, and
independent provision, and
that holding shall not affect the validity of the
remaining portion
thereof.
(f)
"Qualified patient" means a person who is entitled to the
protections of Section 11362.5, but who does not
have an
identification card issued pursuant to this
article.
(g)
"Identification card" means a document issued by the State
Department of Health Services that document
identifies a person
authorized to engage in the medical use of
marijuana and the person's
designated primary caregiver, if any.
(h)
"Serious medical condition" means all of the following medical
conditions:
(1)
Acquired immune deficiency syndrome (AIDS).
(2)
Anorexia.
(3)
Arthritis.
(4)
Cachexia.
(5)
Cancer.
(6) Chronic
pain.
(7)
Glaucoma.
(8)
Migraine.
(9)
Persistent muscle spasms, including, but not limited to,
spasms associated with multiple sclerosis.
(10)
Seizures, including, but not limited to, seizures associated
with epilepsy.
(11)
Severe nausea.
(12) Any
other chronic or persistent medical symptom that either:
(A)
Substantially limits the ability of the person to conduct one
or more major life activities as defined in the
Americans with
Disabilities Act of 1990 (Public Law 101-336).
Section 11362.5
Health & Safety Code 11362.5 — Proposition
215
§11362.5. Use of marijuana for medical purposes.
(a) This section shall be known and may be cited
as the Compassionate Use Act of 1996.
(b)(l) The people of the State of California
hereby find and declare that the purposes of the Compassionate Use Act of 1996
are as follows:
(A) To ensure that seriously ill Californians
have the right to obtain and use marijuana for 1 medical purposes where that
medical use is deemed appropriate and has been recommended by a physician who
has determined that the person's health would benefit from the use of marijuana
in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma,
arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary
care-givers who obtain and use marijuana for medical purposes upon the
recommendation of a physician are not subject to criminal prosecution or
sanction.
(C), To encourage the federal and state governments
to implement a plan to provide for the safe and affordable distribution of
marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to
supersede legislation prohibiting persons from engaging in conduct that
endangers others, nor to condone the diversion of marijuana for non-medical
purposes.
(c) Notwithstanding any other provision of law:
no physician in this state shall be punished, or denied any right or privilege,
for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of
marijuana, and Section 11358, relating to the cultivation of marijuana, shall
not apply to a patient, or to a patient's primary caregiver, who possesses or
cultivates marijuana for the personal medical purposes of the patient upon the
written or oral recommendation or approval of a physician.
(e) For the purposes of this section,
"primary care-giver" means the individual designated by the person
exempted under this section who has consistently assumed responsibility for the
housing, health, or safety of that person. (Added by 1996 initiative Measure
Prop 215 §1, eff.: 11/6/96.)
11362.82.
If any section, subdivision, sentence, clause, phrase, or
portion of this article is for any reason held
invalid or
unconstitutional by any court of competent
jurisdiction, that portion
shall be deemed a separate, distinct, and
independent provision, and
that holding shall not affect the validity of the
remaining portion
thereof.
Aposlte Paul Castellano
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