Practical Aspects of Medical Marijuana Law Remain a Challenge

 Posted on June 24, 2015 in Criminal Defense

In Illinois and in other states around the country, marijuana has being legalized for certain limited purposes, usually for medicinal use when certain requirements are met. The medical marijuana law was passed in January of 2014 in Illinois, but the state has run into several issues in implementing it. One of the most recent hurdles to overcome in the process of establishing medical marijuana dispensaries involves determining from what sources to obtain the seeds necessary to plant the drug.

Getting Started

Those who are interested in getting into the business of legally selling medical marijuana must overcome several hurdles in order to do so. Many requirements and regulations are written into the relevant law, including obtaining licenses, planning for security, and planning for building the facility. Once that is accomplished, growers must then decide where to obtain their first seeds or cuttings, which would enable them to actually grow marijuana for medicinal purposes. Some are arguing that this presents a challenge for legal reasons.

With the medical marijuana industry just emerging in Illinois, sellers and growers have many logistical issues to take into account. When it comes to actually growing the marijuana to be used for medical purposes, the medical marijuana law is reportedly not clear on how to actually begin the process. Some say that regulators are essentially supposed to look the other way at this stage, but the problem is widespread.

“First Seed” Problem

Those getting involved in the industry are considering the problem an odd, albeit likely unintended, consequence of the law. Still, it leaves growers with two options: go underground or travel to another state to obtain seeds, although either action would most likely be a violation of law, either on the state or federal level. Growing permits are expected to be issued in Illinois by the end of the year. At this point, it seems growers will be faced with either obtaining seeds on the black market or possibly ordering them online from companies who advertise discreet shipping practices. The question remains, what legal effect will this have on growers?

Some are supposedly expecting law enforcement to simply turn a blind eye for a limited “don’t ask, don’t tell” period of time. This is usually the case in states where the relevant medical marijuana law is silent on the issue of obtaining seeds, after which the plants are generally required to be registered. In Illinois, officials seemed to offer vague responses when asked directly about the issue, and suggested they would be open to considering plan proposals from applicants on how to get their operation started. However, many maintain that until there is a definitive, government approved guideline on the issue, states will have no choice but to look the other way.

Criminal Defense Attorney

If you or someone you know has been charged with a drug crime in the Chicago area, do not hesitate to contact the experienced Rolling Meadows defense attorneys at the Law Office of Christopher M. Cosley to schedule a consultation. Our office is located in Arlington Heights.