Author: Jennifer McGrath

Lawyer Jennifer McGrath is a former City Attorney with over 20 years of legal experience. Her law office provides legal support and guidance on California Cannabis Law to members of the cannabis community as well as Cities and Counties in navigating the emerging State and local regulation of both medical and recreational marijuana in this rapidly changing environment.
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American Legion Supports Veterans Access to Medical Marijuana

American Legion

The American Legion, the nation’s largest wartime veterans service organization, has adopted a resolution urging the “United States government to permit V.A. medical providers to be able to discuss with veterans the use of marijuana for medical purposes and recommend it in those states where medical marijuana laws exist.”  The American Legion represents 2 million veterans nationwide.

Current VA policy prohibits Department of Veterans Affairs providers from completing forms seeking recommendations or providing opinions regarding a veterans participation in a state marijuana program.

Read the full text of the American Legion resolution – Resolution No. 28: Permit VA Providers to Discuss the Use of Medical Marijuana in Those States that have Legalized Marijuana.

The American Legion previously passed a resolution in 2016 to support the growth of marijuana at more locations, to remove cannabis as a Schedule I controlled substance, and to conduct more marijuana medical studies.

Veterans are increasingly turning to medical cannabis as an alternative to opioids and other conventional medications to treat conditions like chronic pain and post-traumatic stress.

Another military veterans group, American Veterans (AMVETS), passed a resolution in 2016 to “support a veteran’s right to use medical cannabis therapeutically and responsibly, in states where it is legal, if prescribed by a board certified medical professional.”  The American Veterans group has about 250,000 members.

This issue has also been raised by US Representative Earl Blumenauer who introduced the Veterans Equal Access Act, H.R.1820, in March, 2017.  The Veterans Equal Access Act provides that:

Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to —

(1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and

(2) complete forms reflecting such recommendations and opinions.

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Marijuana Conviction Resentencing Under California Prop 64

Marijuana Laws

California Proposition 64 (The Adult Use of Marijuana Act – AUMA) approved by California voters in November 2016, authorizes resentencing or dismissal and sealing of prior, eligible marijuana-related convictions in addition to reducing criminal penalties for certain marijuana-related offenses for adults and juveniles.  (Learn more about California Cannabis Law.)

Proposition 64 eliminated or downgraded most cannabis offenses from felonies or misdemeanors to misdemeanors or infractions.  People with a prior conviction for an offense that would have received a lesser or no penalty had Prop 64 been in effect may petition the court for resentencing or dismissal and have their records changed accordingly.

Persons Currently Serving Sentences – A person currently serving a sentence for a conviction of an eligible offense, whether by trial or by open or negotiated plea, who would not have been guilty of an offense or who would have been guilty of a lesser offense under Proposition 64, may petition the court for resentencing or dismissal of eligible convictions.  The request must be made before the trial court that entered the judgment of conviction in the case.  If the petition satisfies the criteria for resentencing or dismissal of the sentence, the court must grant the petition unless the court determines that granting it would pose an unreasonable risk of danger to public safety.

Persons Who Have Completed Their Sentences – A person who has completed their sentence for a conviction for an eligible offense, whether by trial or by open or negotiated plea, who would not have been guilty of an offense or who would have been guilty of a lesser offense under Proposition 64, may file an application to have eligible convictions dismissed and sealed, or to have eligible convictions redesignated as misdemeanors or infractions.  The request must be made before the trial court that entered the judgment of conviction in the case.

The California Courts have Judicial Council forms that may be used for the filing of the petitions and applications authorized under Proposition 64.  To see these forms go to California Courts Proposition 64: The Adult Use of Marijuana Act.

There is also a good primer on Prop 64 Marijuana Resentencing by Judge Richard Couzens and Judge Tricia A. Bigelow – see Proposition 64 Adult Use of Marijuana Act Resentencing Procedures.

(Update – On 9/30/18 the California Governor signed Assembly Bill 1793 which establishes a pro-active role in the recall, dismissal and/or a redesignation of a criminal cannabis conviction of an offense for which a lesser offense or no offense could be imposed under AUMA.  For more on recent legislative developments in the area of California Cannabis Law see the California Cannabis Law Legislative Update.)