I’m one of those who believes that it’s best to have recreational marijuana use legal, but that it’s better to have only medical marijuana legal than no marijuana legal, and that medical marijuana legalization can help the rest of the population get behind further legalization.
That said, there’s no doubt that the sheer stupidity of the feds continuing to outlaw any use of marijuana even in the face of state medical marijuana laws can cause some pretty strange things…
Madappa, who suffers from post traumatic stress disorder, became a licensed medical marijuana patient in early October, according to an article in The Taos News today. He is also on probation, a status that has brought his use of medical marijuana into conflict with the criminal justice system.
A routine drug test showed marijuana in Madappaâ€™s system, and his probation officer reasoned that he broke the law by purchasing the drug from the black market rather than a qualified dispensary, since Madappa got his license during a period of time in which the single licensed facility in the state was out of its product. New Mexico state attorney Michael Cox agreed with that reasoning.
The court ruled that Madappa may only purchase his medicine from a state licensed dispensary, and that he has to provide documentation showing how much, when and where he got the marijuana.
Now, Madappa has to decide whether or not to appeal the Second Judicial District Court order
The amendment illegally set limits not in the original measure, the court said. Juries, not the state, should decide what amount of marijuana is “reasonably related” to someone’s medical needs, it said.
“This has real ramifications,” Russel Babcock, Archer’s lawyer, said. “It becomes a case-by-case basis for juries of reasonableness.”