Controlling Controlled Substances: How a Pot Brownie Got Into the Hands of a Child

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In a recent Fresno Bee article entitled “Fresno seventh grader busted in sales of pot brownies at school, we see another unintended consequence of the availability of marijuana.  Despite initial permitted possession of marijuana, the controlled substance found its way into the hands of someone else — a middle school student.

As the Bee reports, a young boy was arrested for selling marijuana edibles at school to another student.  When he was interviewed, he told officers he took the marijuana out of the refrigerator in his home that was placed there by his older brother, who had a marijuana recommendation card.  The minor’s possession (and sale) clearly violate criminal laws though, ostensibly, the older brother’s possession and consumption do not.

Initially, California law sought to make marijuana available to those facing serious illnesses, like cancer and HIV/AIDS via possession of a recommendation from a licensed physician.  Almost two decades of experience has shown time and time again that “medical” pot has a tendency to show up in places no one thought about at the time.  Proponents of medical marijuana legislation likely contemplated that the relatively small number of caregivers and users would take all steps necessary to ensure the marijuana they obtained via a doctor’s recommendation would not fall into the “wrong” hands.  In reality, however, a far larger percentage of the public has obtained access to “medical” pot, which leads us back to easier access by those who should not have it.

As proposed decriminalization and other regulatory measures continue to percolate through the state Legislature, people on both sides of the issue should try to anticipate the secondary and tertiary effects of their policy goals.  Otherwise, the unintended consequences may end up overshadowing, and even undermining, the best of intentions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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