By
Nicole Park
Published: October 15, 2009
Categorized in | Campus News, News
By Nicole F. Park
Daily Titan Staff Writer
When Eden Gonzalez, 21, first arrived at California State University Monterey Bay, she wanted to take her doctor-prescribed medication. Her resident adviser said no. The reason? Her medicine was marijuana.
“The biggest problem we were having at CSUMB was the issue with Residential Life,” Gonzalez said. “Campus police were actually pretty cool and I’ve had friends whose med-stash was returned after showing medical proof. But with Res-Life, you can have your medical marijuana, but you can’t smoke it, which is the problem.”
Because of the dorm rules, Gonzalez had to either give up marijuana or her convenience of living on campus. She eventually moved out of the dorms and into an off-campus apartment nearby. Gonzalez now serves as the executive director of CSUMB’s chapter of the National Organization for the Reform of Marijuana Laws (NORML).
Gonzalez is one of many students trying to figure out how state, federal and university law applies to the use of medical marijuana.
In 1996, California became the first state to allow marijuana for medical use when it passed Proposition 215, The Compassionate Use Act. The new law decriminalized the cultivation and use of medicinal marijuana, cannabis, for ill patients with a doctor’s referral. The guidelines also state that smoking within 1,000 feet of a school is prohibited, unless it is within a residential area.
At Cal State Fullerton, police do not get involved with personal medication issues as long as the drugs are prescribed to the student, stated Sergeant Nigel Williams of CSUF police department.
The California Health and Safety Code states that medical marijuana is to be used for treating a “serious illness” such as cancer, anorexia, AIDS, glaucoma, arthritis and chronic pain, among others. Because “chronic pain” can be linked to many health conditions, the code also allows treatment of, “any other illness for which marijuana provides relief.” These range from anxiety and insomnia to premenstrual syndrome and nausea.
In August 2008, Attorney General Edmund G. Brown, Jr. released the guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use. In it there are several rules which patients are advised to adhere. The medication must not be consumed at the workplace, any correctional facilities, any place where smoking is prohibited by other laws, in a moving vehicle or motorboat, or within 1,000 feet of a recreation or youth center.
Despite the Compassionate Use Act of 1996 and the further protection given in 2004 by Senate Bill 420, the Medical Marijuana Program Act, California and 13 other states are currently in violation of federal law. The federal Controlled Substances Act of 1970 was written to minimize abuse of recreational drugs, including marijuana, and bans its manufacture, distribution and possession, making it a federal crime.
About 50 medical marijuana dispensaries are operating in Orange County, according to the Orange County Register. The nearest to campus is in Santa Ana. The California Criminal Attorney blog reported that the Fullerton city council rejected a ban on medical marijuana dispensaries, making it one of a few cities to do so.
State Assemblyman Tom Ammiano (D-San Francisco) introduced the first bill in the state that proposes legalizing and controlling the production and sales of cannabis in February. This second marijuana revolution in California might be open for anyone over the age of 21 who is a resident of the state. Ammiano said the law will treat marijuana much like alcohol in its policies. The bill has not been decided upon yet.
Other pending legislation include, the Medical Marijuana Patient Protection Act, that would reclassify marijuana as a Schedule II drug, a classification that allows for it to be legally prescribed just as any other Schedule II drug. Currently, medical marijuana is merely “recommended” because of its Schedule I classification. Schedule I drugs include GHB, LSD and psychedelic mushrooms. The new classification would put it on the same plane as other widely prescribed pain relievers like morphine and codeine.
The most recent development in interpreting the marijuana law occurred on Aug. 25 when the California Senate passed a joint resolution that called for the federal government to stop interfering with California policy.
Despite marijuana being legalized for medical purposes more than a decade ago, Cal State Fullerton does not have a protocol for handling patients medicating on campus.
CSUF police continue to stop students from smoking marijuana,”It’s still a federal offense,” Williams said.
CSUF police Lt. Don Landers concurred with Williams, “it is in violation of campus policy and if students bring marijuana with or without a prescription it will still be confiscated,” Landers said.
CSUF police officers would probably not arrest a medical marijuana user. “However the individual will be subject to a judicial citation and referral to the judicial affairs officer on campus,” Landers said.
When asked why it would be a problem at all, Landers answered, “It is against federal law and the university receives federal funding, not just state.”
“Crime of opportunity is big on campus,” Landers said, crimes such as burglaries and petty thefts on campus are of more concern that could directly affects students.
Dale Gieringer, director of the California chapter of NORML stressed, “While Prop 215 prevents students from being criminally prosecuted for possession of medical marijuana, it doesn’t protect them from university rules.”
There is some concern about having “high” students in class and affecting their learning performance whether they are patients or not.
“I have no idea if some of them aren’t already high,” said communications law professor, Genelle Belmas.
Belmas added, “I personally would support the use of medical marijuana in designated smoking areas. I’d be happier if there were separate marijuana and tobacco smoking areas though, as I do think that there should be a choice to avoid the area if desired. If you are a cigarette smoker, you may not want to get second-hand marijuana smoke. I avoid all smoking areas when I can.”
CSUF students are not showing much resistance to medicinal users smoking marijuana on campus, “I don’t really care because it’s not nearly as bad for you as cigarettes are, and those can be smoked anywhere on campus. I think it’s absurd that marijuana is still illegal at all,” said Nick Nevins, 20, political science major.
Freshman Mitchell Loo, 18, echoed the opinion, “I think if smoking cigarettes is okay, and it’s more harmful, then sure, smoking medical marijuana on campus is fine with me. It’s legal.”
12 Responses to “CSUF police treat marijuana as an illegal substance”
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Let’s get this cleared up on the national level. Write your Congressperson; here’s a sample letter:
Dear [Congressperson's Name]:
I’m writing to ask that you consider becoming a co-sponsor of HR 2835, the Medical Marijuana Patient Protection Act. HR 2835 provides a high-profile opportunity for you to be a powerful voice for the good of the American people. This is an important area for champions of both personal liberty and States’ rights to acknowledge that medical decision making belongs to doctors and patients, not law enforcement agencies and criminal prosecutors.
Sometimes the discussion about the medical use of marijuana gets mixed together with concerns about generalized legalization of marijuana. I know that as a physician you’re already aware that marijuana in various forms, not necessarily smoked, has been used therapeutically for centuries in many parts of the world. Marijuana appears to provide relief from pain, nausea, and other symptoms, with fewer ill effects and a greater margin of safety than many other classes of drugs. In particular, marijuana appears to be far safer than the narcotic drugs commonly administered for pain, and safer even than the non-narcotic drugs such as aspirin, ibuprofen and related compounds that are responsible for a few hundred fatal poisonings each year (http://www.acponline.org/journals/annals/15sep97/nsaid.htm).
In 2008, the American College of Physicians stated: “Evidence not only supports the use of medical marijuana in certain conditions but also suggests numerous indications for cannabinoids. Additional research is needed to further clarify the therapeutic value of cannabinoids and determine optimal routes of administration. The science on medical marijuana should not be obscured or hindered by the debate surrounding the legalization of marijuana for general use.†(http://www.acponline.org/advocacy/where_we_stand/other_issues/medmarijuana.pdf)
Thank you for taking the time to consider HR 2835; I would be really pleased to hear that you have signed on as a co-sponsor of this important legislation for well being of so many Americans.
Is hemp ever going to be legalized?
Check out the documentary – In Pot We Trust
Smoking marijuana is not medical. Around 80% of people using medical marijuana are not serious ill. This young women should not be allowed to smoke marijuana on campus why? Well smoking marijuana around others who dont could get them high. Anyways its to easy to get the recommendation to smoke pot. The law needs to be changed so that only Aids,and cancer patients can have it. When every Joe can get one for some made up illness and not get a proper evaluation like other doctors do when giving medicine something is wrong with the system.
You couldn’t be more wrong Wow.
The law should be changed alright, but to full-on LEGALIZATION of cannabis.
It is non-lethal, and less addictive than alcohol or cigarettes. I’m tired of paying for our nanny-state to put non-violent drug users in jail, and pay for their food and meals.
LET THEM do all the drugs they like! They will eventually either die, or realize they can’t live like that.
In the meantime, 26 MILLION Americans used pot in the last year, we only have 3 million (already occupied) prison beds. HOW can we win the ‘War on Drugs’ if we don’t have the prison space to house 10 PERCENT of our population?!
Prohibition, a fools errand, an utter failure so far.
How many black markets card your kid before they buy drugs?
Wow, It’s OK. If you want drug gangs in the distribution business….well, they’re already there. No problem! Keep it illegal. I’ll still get anything I want within a couple of hours. Period. No questions asked. No one carded. No ID’s presented. And all proceeds go into the drug gang’s till. It’s OK. Business as usual. Geez, you act like it’s going away. No, you just drive it back underground. Oh, by the way, China called and they want you to quit spending so much money on your stupid prohibition. They’re nervous and might call in their loans to us. Besides, the first one didn’t work either. How does that go?…Doomed to repeat history. Priceless!
Did I say anything about making it illegal? No I did not/ I merely pointed out that smoking it is not a healthy way of taking it and that you can get a rec like it was candy. Make it legal but dont trick people into thinking it is medical. THC is psychoactive once actual research can be done and THC is seperated from it there might be medical uses but answer me this if your not getting high of it would anyone really use it??
o btw who do you think supplies the clubs?? Drug dealers and other organized criminals…
has any one heard about vaporizers? an excellent healthy alternative to smoking!how come i don’t hear about them?check them out and for all you cops and law self right people check out some of your brothers LAW ENFORCEMENT AGAINST PROHIBITION L.E.A.P.plan and simple the drug war is just wrong morally VERY BAD!it is hurting more people on both sides killing cops making criminals out of good hard working people funny thing how less than a hundred years ago we were busting the al capones of the world now look there on every corner and the sponsor of major sports etc.how about them cigarettes PROBALY MANS WORST INVENTION RIGHT UP THERE WITH THE GUN! Winston cup sound familiar all the marijuana smokers of the world need to come together and help save the world from further trauma hemp/pot/marijuana food/fuel/fiber hemp would beat oil out on energy hemp seeds have more protein than soy bean will make stronger paper and cloth than trees or cotton what type of conspiracy is this ? ignorant if you don’t think SO I don’t think you THINK lets get critical go back to step 1 and check some of the facts and spread the word were is there defense and reason cange a mind by winning the info war Obama where are you have you been hijacked you stated that the drug war was an uter failure truer words have not been spoken!
Wow,
While it is true that many clubs get their pot from dealers, many do not. We grow what we can by law, we keep what we can by law, we give away for FREE the remainder to the collective who in turn give that to people who can legally use the plant. That’s the way it’s supposed to work, read the 215 and 420 documentation.
Crack down on the offenders and leave the “grow and give it away to the sick FOR FREE” and the “following the letter of the law” people alone.
Compassionate Care means free, at least at this point in time.
Further, if you see and or smell people using their “medicine” at a park, call the cops, if you see things going on at the local pot store near your home, call the cops. This type of behaviour is not in concert with the letter of the law.
And yes, vaporizers and eating the plant is the way to go.
People, follow the Compassionate Care credo and you will not get hassled, by anyone.
http://www.meetup.com/Fallbrook-FREE-medical-Marijuana-CO-OPs-formation-group/
maryjawana causes hairy arm pits!!
uh you can’t get someone high just from smoking around them, in fact you could try and get them high by blowing it in their face, and they could try to get high by sucking in the smoke but they wouldn’t get high. thc is absorbed rapidly and after you exhale there’s nothing left, not only that but it’s impossible to get “contact” high. experience something before you try to describe it.
“Prescriptions” for medical marijuana are easy to get? Hardly compared to how easy it is to get prescriptions for other, harder, more dangerous pharmaceutical drugs.
Recently, I went into the doctor with a sprained shoulder. After a quick x-ray, which showed no fractures, etc., he (without me asking) quickly wrote me a prescription for 30 Vicodin.
Thinking about it later, I realized that I could’ve been faking (I really wasn’t though) and would’ve walked out with 30 Class III narcotic pills. My uncle who has severe migraines, however, had to provide copies of his many MRIs and extensive medical records documenting his disease before a doctor would prescribe him medical marijuana.
The irony is that eating the whole bottle of Vicodin would’ve surely killed me, but eating an entire crop of marijuana wouldn’t have. (Still, I wouldn’t recommend it.)
That said, I’m much more concerned about the dangers of prescription drug abuse than I am about the abuse of marijuana, but I’d never argue that we should curtail the prescribing of narcotic painkillers out of fears of abuse. After all, it’s not the pain patients’ problem, but rather the individual addict making the bad choices.