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RIVERSIDE COUNTY DISTRICT ATTORNEY' S OFFICE <br />WHITE PAPER <br />MEDICAL MARIJUANA: HISTORY AND CURRENT COMPLICATIONS <br />September 2006 <br />Table of Contents: <br />History of Medical Marijuana <br />Federal Law <br />California Law <br />Riverside County <br />Practical Issues in California <br />Conclusion <br />In November of 1996, California voters passed the Proposition 215 initiative. ' <br />The initiative set out to make medical marijuana available to people with certain <br />illnesses. The initiative was later supplemented by the Medical Marijuana Program Act; <br />which was enacted as Senate Bili 420 by the state legislature in 2003 and became <br />effective in January of 2004. Across the state, counties have varied in their responses to <br />medical marijuana. Some counties have allowed businesses to open and provide medical <br />marijuana. Others have disallowed all such establishments within their borders. Several <br />counties once issued business Licenses allowing medical marijuana stores to operate, but <br />no longer do so. This paper discusses the legality of both medical marijuana and the <br />businesses that make it available. <br />History of Medical Marijuana <br />The world history of marijuana for medicinal use is long and varied. Among <br />other illnesses, the Chinese used it to treat gout, malaria and memory. Hindu sects have <br />used it as a stress reliever. Ancient physicians prescribed marijuana for pain, childbirth <br />and earaches. Early Americans used it to treat skin .i.nflammation, rabies, and tetanus.- <br />However, evidence that marijuana lessens the symptoms of any medical <br />condition is largely anecdotal. Additionally, medical marijuana is normally <br />administered by smoking and not a single Federal Drug Administration approved <br />medication is smoked.' <br />Federal. Law <br />Federal law clearly and unequivocally states that all marijuana related activities <br />are illegal. Consequently, all people engaged in such activities are subject to federal <br />prosecution. The United States Supreme Court recently decided, Gonzales v. Raich, <br />(2005) 125 S.Ct. 21.95, making the federal position absolutely plain. The court has <br />declared that, despite the attempts of several states to partially Legalize marijuana, it <br />75A-65 <br />