Compassionate Use Act ineffective at Edwards, on federal property Published Jan. 8, 2010 By Capt. Michael O'Brien Air Force Flight Test Center Legal Office EDWARDS AIR FORCE BASE, Calif. -- According to recent newspaper articles and television news stories from the local area it is evident that the California State laws concerning the medicinal use of marijuana are misunderstood by much of the public. Currently, there is controversy regarding a medicinal marijuana dispensary that is attempting to open its doors for in Lancaster. Because of this confusion, some individuals may believe that it is permissible to possess and use marijuana wherever they want in California - that is not true. Edwards Air Force Base is a federal installation and as such the California law allowing for the limited use of medicinal marijuana does not apply here. Therefore, marijuana obtained through the Compassionate Use Act of 1996 and/or the Medicinal Marijuana Program is still illegal within the borders of the base. Individuals who believe that if they have a prescription for medicinal marijuana, they cannot be cited for wrongful possession or use - that also is not true. Since Congress still has marijuana listed as a Schedule I controlled substance, which means it has no medicinal value. So, there can never actually be a prescription written for anyone to use marijuana medicinally - individuals in California can only obtain a recommendation from a licensed medical professional that medicinal marijuana would help them. The California laws allowing for possession and use of marijuana for medicinal purposes also only establish an affirmative defense to violations of the law. That means that if someone is found possessing marijuana, outside federal land, they can still be cited for breaking the law and then in state court, must present their doctor's recommendation as a defense to possibly be acquitted of charges against them. There have been many violators who have been prosecuted for simple possession of marijuana on Edwards. Since August of 2009, there have been nearly 20 successful prosecutions of individuals who possessed marijuana within the base's borders. Most of these came from people who were driving on some portion of base, were pulled over for a traffic violation, and the 95th Security Forces Squadron patrolman discovered the illegal narcotics. If marijuana was discovered, citations were issued requiring the offender to make an appearance in federal magistrate court on base and have their case heard by a judge. However, even if an individual who possesses marijuana on Edwards is not written a citation immediately, Special Assistant United States Attorneys on base are able to file charges against offenders to bring them into the magistrate court for prosecution. Anyone in possession of marijuana on any portion of Edwards may be cited for a violation of 21 USC ยง 844, a federal law. For a first time offense the minimum penalty is $1,000, plus court costs and fees. The possibility of jail is also present for a first-time violation. A second offense carries with it a minimum fine of $2,500 and jail time is an even greater possibility. SAUSAs on Edwards do not accept any medicinal marijuana recommendations as a reason to dismiss charges or as a valid excuse for possession on Edwards and will prosecute those offenses.