Tag Archives: medical marijuana

(KY) GOV. MATT BEVIN AND AG ANDY BESHEAR GET SUED OVER MEDICAL MARIJUANA!


BECAUSE THIS STORY IS SO IMPORTANT IN KENTUCKY I HAVE INCLUDED TWO SOURCES OF INFORMATION.

PLEASE FOLLOW THE LINK TO THE VIDEO BELOW TO HEAR THE PRESS CONFERENCE WHICH WAS AIRED ON WLKY.

THE LAWSUIT WAS FILED TODAY, JUNE 14TH, 2017, IN JEFFERSON COUNTY KENTUCKY AGAINST GOV. MATT BEVIN AND AG ANDY BESHEAR BY DANNY BELCHER OF BATH COUNTY, AMY STALKER OF JEFFERSON COUNTY, AND DAN SEUM JR OF JEFFERSON COUNTY.

ky mj lawsuit

ABOVE:  LINK TO PRESS CONFERENCE VIDEO ON WLKY

FACEBOOK – WLKY PRESS CONFERENCE WITH COMMENTS

Mark Vanderhoff Reporter

FRANKFORT, Ky. —

Three people are suing Kentucky Gov. Matt Bevin and Attorney General Andy Beshear over Kentucky’s marijuana laws, claiming their rights are being violated by not being able to use or possess medicinal marijuana.

The lawsuit, filed Wednesday morning in Jefferson Circuit Court, was filed on behalf of Danny Belcher of Bath County, Amy Stalker of Louisville and Dan Seum Jr., son of state Sen. Dan Seum, R-Fairdale.

Seum turned to marijuana after being prescribed opioid painkillers to manage back pain.

“I don’t want to go through what I went through coming off that Oxycontin and I can’t function on it,” he said. “If I consume cannabis, I can at least function and have a little quality of life.”

The plaintiffs spoke at a press conference Wednesday afternoon.

Seum does not believe the state can legally justify outlawing medical marijuana while at the same time allowing doctors to prescribe powerful and highly addictive opioids, which have created a statewide and national epidemic of abuse.

That legal justification lies at the heart of the plaintiffs’ legal challenge, which claims Kentucky is violating its own constitution.

The lawsuit claims the prohibition violates section two of the Kentucky Constitution, which denies “arbitrary power,” and claims the courts have interpreted that to mean a law can’t be unreasonable.

“It’s difficult to make a comparison between medical cannabis and opioids that are routine prescribed to people all over the commonwealth, all over the country, and say that there’s some sort of rational basis for the prohibition on cannabis as medicine when we know how well it works,” said Dan Canon, who along with attorney Candace Curtis is representing the plaintiffs.

The lawsuit also claims Kentucky’s law violates the plaintiffs’ right to privacy, also guaranteed under the state constitution.

Spokespeople for Gov. Bevin and Beshear say their offices are in the process of reviewing the lawsuit.

In a February interview on NewsRadio 840 WHAS, Bevin said the following in response to a question about whether he supports medical marijuana:

“The devil’s in the details. I am not opposed to the idea medical marijuana, if prescribed like other drugs, if administered in the same way we would other pharmaceutical drugs. I think it would be appropriate in many respects. It has absolute medicinal value. Again, it’s a function of its making its way to me. I don’t do that executively. It would have to be a bill.”  CONTINUE READING…

Lawsuit challenges Kentucky’s medical marijuana ban

By Bruce Schreiner | AP June 14 at 6:38 PM

LOUISVILLE, Ky. — Kentucky’s criminal ban against medical marijuana was challenged Wednesday in a lawsuit touting cannabis as a viable alternative to ease addiction woes from opioid painkillers.

The plaintiffs have used medical marijuana to ease health problems, the suit said. The three plaintiffs include Dan Seum Jr., the son of a longtime Republican state senator.

Another plaintiff, Amy Stalker, was prescribed medical marijuana while living in Colorado and Washington state to help treat symptoms from irritable bowel syndrome and bipolar disorder. She has struggled to maintain her health since moving back to Kentucky to be with her ailing mother.

“She comes back to her home state and she’s treated as a criminal for this same conduct,” said plaintiffs’ attorney Daniel Canon. “That’s absurd, it’s irrational and it’s unconstitutional.”

Stalker, meeting with reporters, said: “I just want to be able to talk to my doctors the same way I’m able to talk to doctors in other states, and have my medical needs heard.” CONTINUE READING…

Advertisements

COMPARING THE "CANNABIS ACTS" IN THE KENTUCKY LEGISLATURE…WHAT TO PROMOTE AND WHEN TO SAY NO!


 

KY CANNABIS

 

HB 584(BR-1994)

Tuesday, March 1, 2016 – introduced in House

Create new sections of KRS Chapter 211 to define terms; require the Department for Public Health (DPH) to operate a medical marijuana program; establish a process to license and permit cultivators, distributors, manufacturers, and processors of medical marijuana;

This Bill was just Introduced in House yesterday, March 1.  It is a true-blue highly regulated “medical marijuana” Bill with absolutely NO growing rights for Patients or otherwise!  It is a Bill that is attempting to pacify the group of Kentuckians who do not wish to see any growing rights or recreational rights at all and just want to access Marijuana for purely medical reasons, most are worried about their Children and simply want it for their Children’s sake.  I am all for access to whatever kind of medical CBD or THC that those Children or other patients may need. THIS IS NOT the way to get it!  With over regulation and burdensome legislation the real question is even IF it was enacted, how long would you have to wait to have access to it?  The short answer is, a LONG time.  I will NOT promote this Bill!

It includes but is not limited to the following requirements:

*require the Department for Public Health (DPH) to operate a medical marijuana program

*require prospective patients to possess a diagnosis from a physician and possess a registry identification card issued by the department

*require the department to license no more than 10 grows

*allow for licensure of 2 cultivators, 2 manufacturers, 2 processors, and other subcategories within each economically depressed county participating in the program

*establish a process by which cultivators sell only to manufacturers, processors, or distributors

*allow only distributors to sell medical marijuana to a dispensary

*require the department to publish an annual list of varieties of marijuana that contain a low level of tetrahydrocannabinol (THC);

*require prioritization of low-THC-containing varieties of marijuana by the department;

*grant priority access to children and individuals with medication-resistant seizures to low-THC marijuana;

*require patients under 18 to receive marijuana with a low-THC content;

*clarify that cannabadiol is included in low-THC marijuana products;

*allow a dispensary to dispense cannabadiol regardless of whether it is classified as industrial hemp or medical marijuana;

*establish guidelines for registry identification cards;

Now, if you look at the Bill and think about it a while, what do you think is happening here? 

Kentucky politicians are mostly of the rich, by the rich and for the rich.  They can set up their own tight little growing and dispensing operation which allows NO ONE the option to grow their own for ANY reason, and then they will set up their own little processing and dispensing facilities which is akin to a Monopoly, encumbered with regulation to the hilt so as to prevent any common Citizen from being involved.  I would bet that becoming a “medical marijuana patient” in the State of Kentucky would be about like jumping over fire with flames 10 feet high (no pun intended).  Now, if you succeed at jumping over that flame and in fact end up in the “medical marijuana” program, what type of “medicine” will you be able to receive?  How much will it cost you, because it damn sure is NOT FREE and insurance will not pay for it!   Therefore, that pretty much puts the entire program into the more wealthy “patients” hands, leaving out those who might only be able to access it IF they can grow their own! 

On top of that situation you can imagine that the more wealthy people of Kentucky who have stock in pharmaceutical companies are trying to pave the way for the pharma industry to move right on into Kentucky with their Pharma grade marijuana pills, oils, foods, etc., as soon as it can be accomplished through relaxed Federal Legislation.  Hmmm, this must be why HR 173 is being worked on as we speak.  A “Resolution” to the FDA to “study medical marijuana”!  As if we really need more studies before we use Cannabis….Well, here are a few that the FDA can start copying!  SEE THIS LINK!

Last but not least, this new Bill, if enacted, in fact will promote stiffer penalties for those who are found to be in possession of “non-medically certified marijuana” or without a Patient Registration identification!

If I had a child in need of immediate treatment with Cannabis, and the “Cannabis Freedom Act” does not pass this year, I would pack up and leave — taking my Child to a “legal” State to be treated.  I would not stay here and risk my Child’s health and risk having a Child taken from me for using Marijuana for their illness, when they in fact, NEED it!  There is no reason for them to stay here and take that chance when there are other places to go.  There are also agencies that will help them with relocation if need be! Keep this in mind!

The LINKS below are to the KRS as they exist TODAY.

Any offender failing to affix the appropriate tax stamps, labels, or other tax indicia to any marijuana or controlled substance as required by KRS 138.874 is guilty of a Class C felony

218A.050 Schedule I controlled substances.

218A.1422 Possession of marijuana -Penalty –Maximum term of incarceration.

218A.1421 Trafficking in marijuana –Penalties.

218A.1423 Marijuana cultivation –Penalties

Basically, Possession of marijuana is a Class B misdemeanor, Marijuana cultivation of five (5) or more plants of marijuana is for a first offense a Class D felony,

Trafficking in less than eight (8) ounces of marijuana is for a first offense a Class A misdemeanor.

Kentucky Forfeiture law: 

All real property, including any right, title, and interest in the whole of any lot

or tract of land and any appurtenances or improvements, which is used or

intended to be used, in any manner or part, to commit, or to facilitate the

commission of, a violation of this chapter excluding any misdemeanor

offense relating to marijuana, …

 

SB 13(BR-161)/LM/CI

Wednesday, January 6, 2016 – introduced in Senate

Establish KRS Chapter 245 to regulate the cultivation, testing, processing, taxing, and sale of marijuana to persons aged twenty-one years and older; amend various sections to conform; repeal KRS 218A.1421, KRS 218A.1422, and KRS 218A.1423.

Senator Perry B. Clark pre-filed this Bill in December of 2015.  It is an all around good Bill because it is a “Freedom” Bill.  Meaning that it opened up Medical Cannabis to patients as well as recreational Cannabis to Kentucky residents over the age of 21.  Although it is not a true REPEAL Bill that I would like to see happen, it allows a Kentucky Citizen to:

Possess up to 1 ounce of cannabis on their person;

Cultivate up to 5 cannabis plants;  (Six or more would be considered as trafficking)

Store excess cannabis lawfully grown for personal use at the location where it was cultivated; or

Transfer up to 1 ounce of cannabis to another person age 21 or older without remuneration

Possession exemption for persons under 21 if recommended by a licensed physician.

It allows for access to retail cannabis facilities, creating the ABCC (Alcoholic Beverage and Cannabis Control) to create licenses to operate the following cannabis-related entities:

Cannabis cultivation facility; Cannabis processing facility; Cannabis testing facility; or Retail cannabis facility.

It also provides for an Excise tax imposed on licensees operating cannabis cultivation facilities selling or transferring cannabis to either a cannabis processing facility or a retail cannabis facility.

So in ONE BILL the Patients, the Recreational users, personal growers, those who would like to grow for dispensaries or medical patients, those who wish to operate legal dispensaries for patients and for recreational users and an EXCISE TAX for the State of Kentucky were taken care of legitimately!  This IS THE BILL that has my full APPROVAL!  Thank You, Sen. Perry Clark!

With as many phone calls, letters, emails and personal visits from the people of Kentucky who wish to see this Bill passed has had, there should be no reason for it NOT TO BE considered, and PASSED!

But as usual, the Kentucky money hungry Politicians are planning on this ‘patient care’ ultimately to be handed over to the pharmaceutical companies, which is why they are going to try to seriously limit the growing operation and usage of “medical marijuana” thru HB 584, so as to be able to withdraw those growers rights as soon as a pharmaceutical can take it over.  Much like they tried to do (and succeeded for a while) in Canada.

*Federal judge to decide if medical marijuana patients can grow their own

*The Liberal government will have to do substantial work on the international stage before it can follow through on Prime Minister Justin Trudeau’s promise to legalize marijuana, new documents suggest

 

HR 173(BR-1583)

Thursday, February 25, 2016 – introduced in House

This is a Kentucky RESOLUTION to encourage the United States Food and Drug Administration to study the use of medical marijuana.

The Sponsors are David Osborne, Lynn Bechler, and Brad Montell.

As if we really need more studies before we use Cannabis….Well, here are a few that the FDA can start copying!  SEE THIS LINK!

 

AND FOR GOOD MEASURE YOU CAN ADD THIS TO THE LIST TOO: 

SB 136(BR-1420)/LM/CI    Define “kratom” and add kratom to schedule I.

Thursday, January 28, 2016 – introduced in Senate

Related post:  OPPOSE SB 136: BANNING THE KRATOM HERB

 

OTHER RELATED POSTS:

Jan 28, 2016 

Legislation to legalize recreational and medicinal marijuana is unlikely to be addressed during this legislative session in Kentucky

 

Jan 26, 2018

Former Congressman Mike Ward pushing for medical marijuana in Kentucky

 

Jan 5, 2016

Ex-congressman’s group wants medical marijuana in Kentucky

 

Dec 13, 2015

Kentucky “Cannabis Freedom Act” Summary

 

Feb 29, 2016

A KENTUCKY RESOLUTION to encourage the United States Food and Drug Administration to study the use of medical marijuana

 

Nov 1, 2015

Willie Nelson’s crusade to STOP BIG POT!

 

OTHER:

 

Kentucky Revised Statutes  Includes enactments through the 2015 Regular Session (search “marijuana”)

 

Image result for marijuana plant

 

Additionally, as a patient and recreational user,

I am a FIRM BELIEVER in a “misdemeanors”

worth!

From Organizing America to Operation Chronic Problem, How Cannabis Prohibition Ruins Lives


 

 

My Bust

 

Katree Darriel Saunders is a 30 year old mother, cannabis activist, and an active member of her community. Katree was living in Las Vegas, NV when she was arrested during a DEA sting called Operation Chronic Problem on the charges of: Conspiracy to distribute marijuana and hashish. For 10 grams of hashish and 3.5 grams of marijuana Katree has had her life as she knew it ended. This dedicated mother lost her family and job for trying to help. Trying to help what turned out to be a lying, conniving, scheming, weasel of a DEA Agent posing as a medical cannabis patient desperate for relief. This is Katree Darriel Saunders story. Her loss, her pain, and what many consider a major injustice as well as a violation of her constitutional rights.

Katree has been addicted off and on to prescription pain pills since the age of 15. In 2007, seeking pain relief from multiple car accidents, Katree Saunders became a medical cannabis patient. Knowing the harmful side effects of pharmaceuticals, plus their lack of effectiveness, Saunders chose medical cannabis. Not only did cannabis end Saunders pain, she was able to stop using prescription drugs all together. As a hardworking mother, Saunders put herself through college and became a positive and active member of her community.

Nevada’s laws prohibited the sale of cannabis in 2007, which forced Saunders to seek it through the black market, known for unsavory individuals who traffic anything from people to weapons to stolen merchandise. Once when Saunders sought cannabis from the black market she was sexually assaulted. This devastating incident convinced Saunders she had to do something. There had to be a way for her to legally and safely obtain her medication.

She contacted the state of Nevada and spoke with Jennifer Barlett, who referred her to Michael McAuliffe of Nevada’s Compassionate Care (NCC). It was there Saunders found her place. She began working with NCC and was helping others away from the black market.

Things were going well for Saunders in February of 2010. She volunteered for a political event called Organizing America where President Barack Obama spoke about healthcare reform. Saunders was chosen to be on stage. She sat in the front row behind the president as he gave his speech. Upon the close, Katree was able to shake hands with the President. While doing so, Saunders said ‘We needed to talk about medical patient’s rights.’ Then, according to Saunders, Obama looked at her and said ‘I’m not prosecuting.’

image (4)

 

Feeling confident and empowered after this Saunders then became active in helping patients obtain their medical cannabis cards from the Nevada state program. Unfortunately, while Saunders was working for NCC, she was set up by undercover DEA agents. They were conducting what was known as Operation Chronic Problem. A federal DEA agent posed as a sick patient asking for help obtaining medical cannabis.

Saunders, being a compassionate person, facilitated this lying individual’s request. Later she was indicted on distribution of a controlled substance. Saunders served four months in prison as well as a lengthy probation since she did not offer up the names of her medical patients.

While on pretrial Saunders was in another motor vehicle accident. This accident totaled her husband’s vehicle and left Saunders with a fractured foot as well as a back injury. She was placed on morphine, Xanax, and MARINOL®. The morphine began to make her heart hurt, so she opted to stop taking it in exchange for MARINOL®. MARINOL® is a synthetic version of a naturally occurring compound known as delta-9-THC. However, since Saunders was on probation, the state of Nevada told her that she could not take MARINOL® since they would not be able to determine if she was consuming cannabis or simply taking the medication.

The State of Nevada Probation Department obtained a court order preventing Saunder’s doctor from prescribing MARINOL® to her. Now, not only was Saunders in trouble for selling 3.5 grams of cannabis and 10 grams of hash, she also lost her job, family and right to medicate.

During her incarceration, her husband divorced her, took the kids and moved away. While in custody at the prison, Saunders says she was ‘sexually assaulted and harassed by US Marshals’.

During Saunders’ trial, her attorneys advised her not to mention anything about her encounter with President Obama. For the 4 months Katree Saunders was incarcerated, the state split her time between a private prison corporation (Corrections Corporation of America – CCA) and a state prison, and earned a minimum of $5,000 for hosting her. The state of Nevada spent an estimated $20,656 per inmate in 2012, and reported 267.9 million in costs. They also claimed to have 15 million dollars in prison related costs outside of the state budget. This is where states and private prison corporations make big dollars housing criminals. In the case of cannabis consumers, these corporations make out like bandits.

 

Imagine charging $21,000 a year to house someone who was busted selling or possessing cannabis. In Saunders case, that 13.5 grams of cannabis, with a street value of $150, cost taxpayers over $20,000 to put her through the system. That doesn’t include the cost of the actual arrest, which stands at $1,500 to $3,500 with booking, paperwork, police officers fees, donuts, etc.

Saunders fought hard to break away from prescription drugs, but in the end they were her only option. Purdue Pharma, the makers of OxyContin, has been making billions off victims. Purdue Pharma is involved in countless lawsuits and their officials have admitted to deceitful and immoral medical practices, yet they are still making money. These are the ones that presidential candidate Bernie Sanders speaks out about when he refers to the top one-tenth of 1%.

In 1993 the DEA allowed pharmaceutical companies to produce 3520 kilos of a drug known as oxycodone. Twenty-two years later they are manufacturing 137.5 thousand kilos of the same drug. That is an increase of 39 times in the manufacturing of this controlled substance. Since President Nixon founded the DEA in 1973, they have done nothing but prosecute those who attempt to possess, grow, or in any way affiliate themselves with cannabis.

Medical cannabis helps millions of people across the United States and world to find relief from pain and suffering. Cannabis helped Saunders break her addiction and take back control of her life. Cannabis is a safe treatment alternative for many illnesses, as well as the management of symptoms associated with a broad array of medical complications. Prescription drug addiction, of course, is a problem that is not only plaguing the United States, but the whole world.

Saunders’ battle with a prescription drug addiction from a young age illustrates the carelessness of the medical industry in allowing doctors to over-prescribe dangerous medications. It has also enabled them to receive substantial kickbacks from pharmaceutical companies in the process.

According to ABC News, America consumes over 90% of the world’s hydrocodone and 80 percent of the planet’s opioids. The United States of America makes up only 4.6 percent of the planet’s population. This opioid problem has destroyed mothers, fathers, brothers, and sisters. Children and soldiers suffer horrendously because of our country’s support for the pharmaceutical industry. Children suffer by being denied medication that could in fact actually help them, and at times even cure them. Children also suffer by losing parents who are consumed by prescription drug addiction. Soldiers who protect our freedom, often with their own lives, suffer from illnesses such as PTSD. They are sometimes denied a natural treatment, such as cannabis, to help with their symptoms.

The Doctors Enforcement Agency

The DEA licenses more than 600,000 surgeons, doctors, and podiatrists to administer prescriptions for narcotic pain relievers. According to NORML (National Reform of Marijuana Laws), in 2011 there were an estimated 1.5 million registered medical cannabis patients living in the United States of America. The sad side of this is that the laws pertaining to medical cannabis forced so many to seek their medication on the black market.

The public seems to believe that we think cannabis is the new cure-all, and other medications should be eliminated. This is not true. Common sense will tell you that there are many medical advancements today which have led us to the most sophisticated and advanced techniques and cures. During this evolution we have managed to de-evolve at the same time, through the abuse of prescription drugs, as much the fault of patients as it is the doctors doing the prescribing. Some individuals get prescription pain pills in large quantities because the doctors will prescribe them. Some individuals do not even take their medication. Instead they sell them on the street. When doctors prescribe as much as 100 to 300 pills at a time, with an average price of $10 a pill, some people can make an extra $3,000 a month.

Prohibition Has Failed and it’s Hurting America

The prohibition of cannabis that began in the late 1930s has devastated countless numbers of American lives and destroyed families across the country. The FDA will approve OxyContin for 6-year-olds but will not support cannabis oil. This is an absurd violation of human rights. The United States of America has held the patent for medical cannabis since 2003. This means that they knowingly have information that solidifies and validates medical cannabis as an effective treatment. This also means that the DEA and FDA know, and have evidence, that cannabis is medicine.

For the past 12 years the DEA has left cannabis as a schedule 1 narcotic. This puts it in the same class as heroin and cocaine, that it has no medicinal value. They have lied to the American people kept the public sick, and now some laugh at us while the cannabis community is trying to change laws to better the world around us.

The Dogs of the Feds

The DEA regularly raids medicinal cannabis facilities and Indian tribal lands. They arrest, abuse, neglect and destroy the lives of countless cannabis consumers. Medical patients and recreational consumers alike suffer the wrath of the DEA everyday. There are no public benefits from cannabis prohibition! The medicinal aspects combined with potential taxes are unquestionably positive. The simple implementation of taxation on cannabis will help to eliminate the black market. This puts a lot of politicians, local sheriffs, and other individuals out of extra income they have enjoyed for years.

Katree Saunders felt the wrath of the DEA during Operation Chronic Pain and now you know her story. From being hooked on prescription drugs at 15, to meeting the President of the United States, to prison, to an avid cannabis activist, Saunders’ struggle is all too familiar to many Americans, except for meeting Mr. Barack Obama.

Help support America by being a seed. One seed can tip the scales of injustice. Are you that seed?

Kentucky "Cannabis Freedom Act" Summary


legalize-marijuana-leaf-red-white-blue-flag-300x300

Kentucky Cannabis Freedom Coalition·Saturday, December 12, 2015

Cannabis Freedom Act Summary

Section 1

(New Section of KRS Chapter 245)

Definitions

Section 2

(New Section of KRS Chapter 245)

Personal possession, use, and cultivation limits

Persons 21 years and older may:

Possess up to 1 ounce of cannabis on their person;

Cultivate up to 5 cannabis plants;

Store excess cannabis lawfully grown for personal use at the location where it was cultivated; or

Transfer up to 1 ounce of cannabis to another person age 21 or older without remuneration

Possession exemption for persons under 21 if recommended by a licensed physician

Section 3

(New Section of KRS Chapter 245)

Prohibition on smoking cannabis in public

Maximum penalty: $100 fine

Section 4

(New Section of KRS Chapter 245)

Prohibitions on access to retail cannabis facilities,

Persons under 21 years of age shall not:

o Enter retail cannabis facilities to purchase cannabis or cannabis products;

o Possess, purchase, or attempt to possess or purchase cannabis or cannabis products;

o Misrepresent their age or use false identification to induce an illegal sale of cannabis or cannabis products; or

o Remain on any premises that sells cannabis or cannabis products

Licensees, their agents, or employees are prohibited from permitting persons under 21 years of age from remaining on any premises where cannabis and cannabis products are sold.

o Maximum penalty: Class B misdemeanor

Section 5

(New Section of KRS Chapter 245)

Prohibition on unlawful possession of cannabis

Maximum penalty: $250 fine

Section 6

(New Section KRS Chapter 245)

Personal cultivation requirements

Person who chooses to cultivate for personal consumption must take reasonable precautions to ensure that any cannabis or cannabis plants are secure from unauthorized access and access by persons under twenty-one years of age.

Persons shall only cultivate cannabis for personal consumption on property that they own or with the consent of the person in lawful possession of the property.

o Maximum penalty: $500 fine

Section 7

(New Section KRS Chapter 245)

Prohibition on unlawful cultivation of cannabis (ULCC) with the intent to sell or transfer it for valuable consideration ULCC of 11 or more cannabis plants

o Maximum penalty: Class D felony

ULCC of 6-10 cannabis plants

o Maximum penalty: Class A misdemeanor

ULCC of 5 or fewer cannabis plants

o Maximum penalty: Class B misdemeanor

ULCC of six or more cannabis plants creates a presumption that unlawful cultivation was for sale or transfer

Section 8

(New Section of KRS Chapter 245)

Department of Alcoholic Beverage and Cannabis Control (ABCC) to promulgate administrative regulations to implement various aspects of Act within 180 days of the Act becoming law.

Section 9

(New Section of KRS Chapter 245)

ABCC to create licenses to operate the following cannabis-related entities:

Cannabis cultivation facility;

Cannabis processing facility;

Cannabis testing facility; or

Retail cannabis facility.

Licenses created pursuant to this section shall cost $5,000 and be valid for 12 months from the date of issuance

Section 10

(New Section of KRS Chapter 245)

Licensure requirements

Applicant must pay nonrefundable $100 application fee which will be applied to their licensing fee if a license is issued to the applicant

ABCC shall:

Create uniform license application form;

Issue a license to an applicant unless:

o The applicant has been convicted of crime which would qualify them as a violent offender;

o The applicant falsifies information on the application for a license; or

o The applicant has had a previous license issued by ABCC revoked within the 12 months prior to the reapplication.

Section 11

(New Section of KRS Chapter 245)

Excise tax imposed on licensees operating cannabis cultivation facilities selling or transferring cannabis to either a cannabis processing facility or a retail cannabis facility.

Effective January 1, 2017:

$30 per ounce on all cannabis flowers

$10 per ounce on all parts of the cannabis plant other than the flowers

$10 per immature cannabis plant

Reporting requirements

Department of Revenue may prescribe forms and promulgate administrative regulations to collect taxes created under this section

Section 12

(New Section of KRS Chapter 245)

Creates a revolving trust and agency account from licensure, renewal, and administrative fees Account to be used for the enforcement of the Act by ABCC

Section 13

(New Section of KRS Chapter 245)

The Kentucky Responsible Cannabis Use Program (KRCUP) fund is created as a restricted fund

The KRCUP fund is comprised off all the excise tax revenue collected under Section 11 of the Act and all the sales and use tax revenue collected on cannabis and cannabis products.

The proceeds contained in the fund are to be distributed according to the following formula:

30% of funds to go the public school fund to support education excellence in Kentucky (SEEK);

20% of funds to go to the Kentucky Department of Education for scholarships based on socioeconomic need for students to attend public institutions of postsecondary education in Kentucky;

20% of funds to go to the Office of Drug Control Policy to dispense grants to substance abuse treatment programs that employ evidence-based behavioral health treatments or medically assisted treatment;

15% of funds to go to the Kentucky Law Enforcement Council to dispense grants to county and local law enforcement agencies to buy protective equipment, communications equipment, and training; and

15% shall be deposited into the general fund.

Section 14

(New Section of KRS Chapter 245)

$500 Civil penalty for each violation of KRS Chapter 245

$1000 Civil penalty for failing to maintain written tax records and reports required by the Department of Revenue

Section 15

(New Section of KRS Chapter 245)

Corporate and individual liability for violations of KRS Chapter 245

Section 16

(New Section of KRS Chapter 245)

Cannabis or cannabis products which are held, owned, or possessed by any person other than those authorized by KRS Chapter 245 is declared contraband.

The ABCC can dispose of contraband cannabis and cannabis products using the same procedures and protocols that they currently use for contraband alcoholic beverages.

Section 17

(New Section of KRS Chapter 100)

Prevents local political subdivisions with zoning power from:

Using their zoning power to institute a moratorium on cannabis-related entities;

Using their zoning power to discriminate against cannabis-related entities by treating them differently from other similar entities;

Using their zoning power to impose more stringent security requirements than those required by ABCC; or Imposing additional fees in excess of what other applicants seeking to operate a business are charged.

Section 18

(New Section of KRS Chapter 65)

Prevents county and local governments from instituting de facto or de jure moratoriums on cannabis related entities.

Section 19

(New Section of KRS Chapter 311)

Allows any licensed physicians acting in good faith to recommend cannabis or cannabis products to their patients.

Physicians who recommend cannabis or cannabis products to patients under the age of 18 must obtain parental consent and a second recommendation from another licensed physician.

Provides civil, criminal, and licensing immunity to physicians who, in good faith, recommend cannabis or cannabis products.

Section 20

(Amends KRS 12.020)

Renames the Department of Alcoholic Beverage and Cannabis Control

Establishes the Division of Cannabis

Section 21

(Amends KRS 241.010)

Amends definition of “board” and “department” to reflect the addition of cannabis

Section 22

(Amends KRS 241.015)

Renames the Department of Alcoholic Beverage and Cannabis Control

Section 23

(Amends KRS 241.020)

Empowers the Department of Alcoholic Beverages and Cannabis Control to regulate traffic in cannabis and cannabis products.

Creates the Division of Cannabis to administer the laws in relation cultivation, processing, testing, and sale of cannabis and cannabis products.

Section 24

(Amends KRS 241.030)

Adds one appointed position to the Alcoholic Beverage and Cannabis Control Board to act as director of the Division of Cannabis.

Section 25

(Amends KRS 2.015)

Amends the age of majority statute in regards to cannabis.

Section 26

(Amends KRS 218A.010)

Removes the definition of marijuana from Kentucky’s Controlled Substances Act.

Section 27

(Amends KRS 218A.050)

Removes marijuana, tetrahydrocannabinols, and hashish from the list of Schedule I controlled substances.

Section 28

(Amends KRS 218A.510)

Removes references to marijuana and hashish from the definition of drug paraphernalia.

Section 29

(Amends KRS 260.850)

Removes industrial hemp from the definition of cannabis.

Section 30

(Amends KRS 600.020)

Includes cannabis offenses in the definition of status offense action under Kentucky’s Juvenile Code.

Section 31

(Amends KRS 610.010)

Grants jurisdiction of juvenile cases involving cannabis to either the juvenile session of District Court or the family division of the Circuit Court.

Section 32

(Amends 630.020)

Adds cannabis offenses to list of status offenses which have to be adjudicated in juvenile court.

Section 33

(Amends KRS 218A.276)

Removes obsolete reference to marijuana statutes that would be repealed if this Act becomes law.

Section 34

(Amends KRS 630.120)

Prevents juveniles who are adjudicated guilty of cannabis offenses from being committed to the Department of Juvenile Justice for detention (mirrors alcohol and tobacco offenses).

Section 35

(Amends KRS 131.650)

Removes obsolete reference to a taxing statute which would be repealed if this Act becomes law.

Section 36

(Repeals KRS 138.870, 138.872, 138.874, 138.876, 138.878, 138.880, 138.882,138.884, 138.885, 138.886, 138.888, 138.889, 218A.1421, 218A.1422, 218A.1423)

Section 37

(Short Title: Cannabis Freedom Act)

INFORMATION SOURCE LINK

UPDATED LINK TO THE KENTUCKY LEGISLATURE WILL BE POSTED WHEN AVAILABLE!

Red Vanwinkle explains why we must regulate cannabis like alcohol in kentucky


 

December 12, 2015

Good morning everybody!

Will you help me?

41128_424755311230_2510995_n

Above: Patient in Illinois tends to a plant in 2010.

Today I will be sharing a story that only a handful of people knows about. Some know just enough, that I have been asked many times over the years to share publicly. I haven’t done so, because it could be seen as a weakness. So here goes, and it’s 100% true. As some of my longtime friends know.

It all started with extreme bloating. Eventually my belly got so big, I was about a 40 waist, but was drastically loosing weight. I was getting weaker everyday.

After some time, I had a bunch of symptoms hitting me. Some scary stuff. Like pain all over in my joints. Eyes so dry in the mornings, I would open them real slow, as to not rip my eyes. I was getting weak as a kitten, and bed ridden some days.

Then I started to get mind fog. So bad so, I got lost driving in Monticello KY. Which I know the place very well, and has only about 3 stop lights. I then my eyes started to change colors. Then my skin started to change colors. I started turning yellow. I was not able to get out of bed much at this point. I knew this was something that might kill me. I seen my family cry, and very afraid of their future. Which was hard for a man to swallow.

During this time we lived off the grid. Not much money at all. I cut and sold firewood, some crops, and a little homemade drink. Certainly not enough money to have doctors and hospitals find out what was wrong. With me being too week to cut and split much wood. We had less wood to sell. So we had less money.

I had started trying to get my affairs in order. But I was not giving up. I went into town (Monticello) almost everyday. I went to the library to do research online. Which is how I was getting lost, being by myself. But it wasn’t a major problem, just drive around for a minute, and I would be back on my road heading home.

Spelling simple 3 and 4 letter words, was becoming a major issue in my research. But I swallowed my pride, and started asking people how to spell words, when I ran into the issue. I know this sounds simple enough. But it is a hard task to ask someone how to spell "was". People think you’re mentally handicapped, completely uneducated, or on dope. Which during this time, I was not doing anything. No drinking, no pot, no over the counter pain meds, or anything I thought could place strain on my liver.

I had actually stopped smoking pot before I got sick. I stopped smoking cigarettes during that time too. And I rarely ever drink. When I do drink, I don’t drink much. I did when I was really young. But as I got older, the after effects got worse (hangover). So I quit that business long ago lol.

The mind fog continued to get worse, as I became more yellow in color. I had gotten to the point I was having a hard time remembering how to say some words. Conversation was becoming a difficult task.
There was several more symptoms. Too many to go into detail here, and that some I would rather not share. I got to where almost everything I ate caused me some type of issue. Which drove the wife nuts trying to see I was able to eat.

It got so bad, that my wife came to me crying, saying she can’t watch me die. I told her I was getting better. That it was just going to take time to show on the outside. Yes, a little white lie at the time. But I figured well placed. I soon after started being a jerk, so she would leave me. I had come to the conclusion. That if this killed me. I was going to die on my terms, and alone. As I did not want this burden on anyone else. Yet she didn’t go anywhere.

Yet, I was still not just going to give up. In my research. I knew my liver was shutting down. So I started buying different liver supporting substances. Like a vitamin called liver aid, milk thistle. I bought B12 to help increase energy. I bought acidophilus to help incase I had cancer. Which many signs was pointing at that. And I had recently had a close relative die from liver cancer. There was other various health items too, but the listed ones was my go to meds.

All this stuff was not cheap in the stores. But I knew I had to have it. I needed it to keep me going, so I could find out what was wrong with me. Luckily there was a salvage store in Pine Knot. This store on one day a week had all kinds of vitamins for cheap. They had boxes, and boxes of different vitamins, and over the counter meds. The wife and I would search through all those boxes for a bottle here and there. Most of the time, we would find enough to get me through the week. Which they had new stuff every week. So this became a weekly thing, of a couple hours. There was times we found extras, so I would buy all I could. I would even count change just to get as many of the found extras as we could. Hated to leave any bottles, as I knew I would sometime or another need them, and not have them. There was some weeks we didn’t find what I needed. So I would bum some from friends that had alcohol related liver issues. Just to make it to the next week. Good friends are worth more than gold to me!!!
So back to figuring out what was wrong. I had symptoms that matched cancer, and about 100 different rare genetic disorders. Genetic disorders are not contagious, it’s something a person is either born with or not. But could be dormant for years before coming to cause issues.

So there I was. I had either a possibility of various cancers, or a genetic disorder. Which most of these things I found was calling for a prognosis of death, with varying expected times. But there was hope. I had started eating super healthy, and taking my vitamins/meds. I was seeing improvement with my liver situation. The situation went from all bad, to sometimes improvement. While other times not. Which was also kinda scary, as this type improvements with these things, is also likely with liver cancer. But basically a little time buying. Either way, I was taking what I could get, and happy to have it. As the steady decline was even more scary. As the scariest thing was leaving my family without. This I had to fix!

With the small improvements, and the energy increase from eating lots of sublingual B12 tablets a few times a day. I was able to do more. Sublingual tablets absorb inside your mouth. So almost instant energy.

I started looking at getting back closer to her family. We logged the property, and bought a foreclosure. We got the home at a amazing price. The asking price was so low, we knew others would also be putting in offers. So I offered them $1200 more than asking price, and we got it. We was flat broke no furniture. An extension cord running from our new neighbors lol. But we had the house, and food in our belles. Which was completion of phase one. Make sure the family had enough to be ok when I left.

This new home needed all kinds of work, and still needs some. But it has awesome bones. Multi colored brick, new metal roof, a two car garage, and fenced in yard on an acre. This new home was out in the country. Yet a 15 minute drive to Elizabethtown KY. Which is very close to Fort Know KY.

The jobs was available here. I had no problem in getting jobs. Matter of fact, I got 3 as soon as I went looking. I applied for jobs I thought I could handle. Which I decided I was going to take them all. I felt like superman changing cloths on the fly lol.

One of the jobs was an advertising associate. Which I did sales, and mostly at my convenience. Which was easy enough. Just had to get some fancy duds, and a hair cut. I didn’t make a killing, but did ok.
The next job was a pizza delivery driver a few hours a day. Which again was easy enough. I just needed a gps tell me where to go. So I got one, and the job was a piece of cake. I made a sorry paycheck, but made good in tips.

The 3rd job was kind of tougher. Yet I still felt it was doable. I applied at a factory delivering parts to the different lines. Which I had a cart that I drove around. This one proved to be a bit more difficult. I had no gps to tell me where to go, and I would get turned around from time to time. Which I just applied my previous way of dealing with such. I drove until I figured out where I was lol. Most thought I was just having fun, so I played along. I would Aihooooo, and toot the horn as I would fly by hahahaha. This job was also long hours, and 7 day a week most weeks. So I was having a hard time doing so much. Yet I was making the most of my money on this job. Most, but not all my money. So I just needed something to bring in a few more bucks.

I quit the factory job, and started my handyman service. I had to act as if the client needed something major. I was not the best qualified to do the task. As really I was not able to do a lot physically, even though I had all the knowledge to compete almost any home repair. I just didn’t want to let be known, I was not physically able to do some task. I remember in the beginning. I was doing a painting job, and started to give out on a ladder. I told the home owner, the heavy onion smell, from something they was cooking was causing me issue, and I needed a break for fresh air. Which was likely true, as onions was one of the things that started making me sick if I ate them. Which the homeowner quickly aired out the home, while I was getting some fresh air. I also ate several b12 tablets. Which I was able to continue on.

As business increased, I was able to add the family. Which they worked hard, and we was as efficient as any small construction crew. I have several awesome short cuts, that makes things faster, and easier, with the same quality results (Work smarter, not harder).

You know I am not in such a condition now. So how, and when did I change things around. I was spending every spare moment researching medical conditions. We had wifi at our new place. Which made research a lot more convenient. I was doing lots of research on auto immune disorders(genetic disorder). Because I had seen in my research. Autoimmune disorders can have greatly varying symptoms. Which makes it difficult for medical professionals to track down. This also causes wrong diagnoses many times.

As I researched Autoimmune disorders. I learned that they can stay dormant in a person for many years, or never come about even if the person has the genetics to develop a Autoimmune disorder. That this can be triggered by several things. One of those things is surgery. Which just before my issues started, I had all my teeth pulled. Because I had bad teeth, due to a genetic disorder. Where I had no natural enamel coating on my teeth. So bells was going off, for me to concentrate my research here. I tested gluten, and gluten was a factor in the bely bloating, and pain. So I stopped gluten. With some results but still some things got worse. Which caused me to realize I could be affected by multiple genetic disorders.

I had been researching everything I could. Other medical practices in other places, and there findings, and treatments. Then somehow in my search I was reading some comments to a blog. One that said the US health department held a patent on cannabinoids having positive effects on Autoimmune disorders. So I copied, and pasted a search. Because at that time I didn’t know what cannabinoids was. As many people still don’t know what it is.
Sure enough, the US health department has this documented, and patented. This along with having positive effects in treating cancer. At this point, I am in shock that this is not know by the public. There has to be a reason. Because when I do searches on autoimmune, and cancer. There was thousands of different kinds of claims to be of benefit. But during that time, there was nothing unless you did a direct search for cannabinoids and cancer, or Cannabinoids and Autoimmune. I found the reason this was not very well known.

You know where cannabinoids are found? CANNABIS!!! Both hemp, and Marijuana has them.

Now I was starting to see another link. About the same time I quit consuming Cannabis, was about the same time I started getting sick. Could it be Cannabis was helping prevent autoimmune from developing? As I did my research, I found this to be very possible.

Here I was, had not consumed Cannabis for years. Didn’t really want to spend the money to get it. Takes time to grow. So I had to think long and hard. First I talked with my wife and son. I told them, and showed them what I had found. I asked them what they thought about me trying this to get better. They both looked at me like I was stupid. Not because it would be shameful. Because they didn’t care if I had to eat horse poop to get better. So with them it was a definite wanting me to give it a try.

Next I went and talked with my inlaws. As they have always been against any drugs, drinking, and even smoking. I rarely ever even smoke around them still today. Father inlaw was acting like he was ok, but I really didn’t know. Mother inlaw was acting tolerant as she knew I was sick. But was skeptical about any possible improvements.
The next input I went to seek was my friends. Which I even actually made a post. Back then, about 30 friends was all I had on my friends list lol. If the person was not an actual friend, they was not on my list in those days. Those post has since been deleted. As I deleted all post when I did my first TV show. All my friends that knew I was sick, and the ones just finding out I was sick, everyone said go for it.

Once I decided to go for it. Then I needed to figure out where to get it at a price I could afford. Lets just say I have many friends. Which has helped me. Even if I don’t have any money. If I am having issues. They take care of me best they can.

But even with knowing the right people, it was a gamble. As jail was no place for a person as sick as I was. Even now, a long sit in jail, could possibly cause a relapse. So another issue that needs to be fixed. Hence I started publicly supporting Cannabis reform in KY. Because I really don’t want to have to leave my home for safe access to what I need.

I started out as a hemp, and medical marijuana advocate. But once I started gaining notoriety, I started to learn Medical only in KY, would only be a money making sham. One the common person could not afford. I know this, as I was offered an in on this money making plan. I then seen this would be for the wealthy only. I seen this would create a group to fight further Cannabis reform. Such as a group of people whom would not be making as much, if full regulated came about. I was not selling out, while the common people suffer. Even if this would fix my situation. So now I advocate for Cannabis to be regulated like alcohol.

But before I did. I looked at all angles. When you look at Cannabis verses alcohol. It is clear that Cannabis is safer, less addictive, and pose fewer issues for a community than alcohol. I seen the fact alcohol is harder for teens to get than Marijuana. This is because street dealers don’t ask for ID. So with regulations like alcohol has. Cannabis would be harder for teens to obtain. So I seen no adverse reason that out weighed the good of regulating Cannabis like alcohol.
I seen the economic boost. I seen the decrease in consumption of heroin, and prescription pain pills.

I saw KY being a leading economy in the US. As KY grew 98% of the hemp for WWII. This is because KY has the best overall U.S. environment to grow Cannabis.

To bring this full circle. My mother inlaw would fire into anyone that says I shouldn’t consume Cannabis. She has went to Cannabis reform meetings. She has prepared food for Cannabis reform events. She has attended Cannastock. She has had discussions with her friends. She has helped me anyway she can. To help me help KY bring Cannabis reform to KY.  I have autoimmune disorder. It’s genetic, and Cannabis turns off the illness for me, and many other people.

Even though I didn’t really want to share. I did so in hopes of gaining as much help as possible.

Will you help me bring Cannabis reform to KY?

Would you want to face jail every time you need a prescription filled?

That is my world. Even though I don’t act like it bothers me, it DOES!
It’s not fair. It’s not fair people get pain meds they don’t really need, while I can’t get safe access to what I need. It’s not fair Sudafed is legal, and is what meth is made from. Because people how have a runny nose needs it. So they say the risk is worth it. Meanwhile heck no for Marijuana. Reason, someone will get high. Even though the high from marijuana has NEVER killed 1 person with overdose.

Here are some things you can do, if you you would like to help me.
You can call your KY legislators and ask them to support the new measure to regulate Cannabis in KY like alcohol. The number is (800) 372-7181.

You can tell pass this information on to any Kentuckian you know. And encourage them to make the call as well.

You can email your legislators asking them to support the new measure to regulate cannabis like alcohol.

There will be more you can get involved with. Just be watching as I will be posting various things to help bring this reform to KY.

You are welcome to share this post.

As always, thank you for your continued Cannabis support ,’-) Aihooooo

Written by:  Red Vanwinkle, Kentucky.

SOURCE LINK

Join him on Facebook HERE.

The Science of Toxicology and U.I. or "Under the Influence and/or Intoxication?" of Cannabis/Marijuana and D.O.A. Drug Testing


Picture

The Official Court Documents that I present to you below here, {THIS ONE TIME, FOR FREE = this offer will not last and is for a limited amount of time = THIS SET OF DOCUMENTS WILL GO MISSING AND A FEE WILL BE CHARGED LATER FOR THIS INFORMATION} The following Documents were presented, accepted and registered by the Criminal or Courts as “Evidence” as they were listed by the Kentucky Courts in a case I recently Advocated in on behalf of James E. Coleman.
Are in fact, the PROOF, that Cannabis/Marijuana/Hemp or Unspecified levels of Cannabinoids are natural within the human body and that their presence or levels or “analytical threshold” combined with the fact that this test measures “no quantification of a specific compound” in the blood, are proof, there has been no measure of  intoxication, performed by this test where cannabiniods are concerned and that this test can not show toxicity.
According to this Expert Witness.
Therefore they are unable to test levels for intoxication as they claim is claimed by the manufacture of the test and/or Law Enforcement in U.I. charges or related cases. These documented facts apply to the Test it’s self given and the Cannabinoid levels… Therefore apply to all these D.O.A. = “Drug of Abuse” Blood Serum U.I. Test used by Law Enforcement and Not the Individual. As these facts apply to all humans and all these Test.

Picture

Picture

PLEASE CONTINUE READING…

An Overview Of California’s New (And Improved) Medical Marijuana Laws


This past Friday I chaired a “Medical and Recreational Marijuana in Southern California” seminar in Santa Monica. During the seminar, Governor Brown signed into law the three bills that comprise the California Medical Marijuana Regulation and Safety Act (MMRSA). Needless to say, this was big news for all of us at the seminar.

This is also, of course, big news for California and especially for its medical marijuana operators. These bills mean California will soon be moving away from an unregulated gray marijuana marketplace to a state-law-regulated medical marijuana regime. These bills mean that California will be getting the “robust regulations” the federal government requires from the states for the Department of Justice to be even minimally disengaged from what goes on with cannabis within the state. These bills also mean that California will be entering a new era where the Department of Justice (hopefully) finally cools its heels in the Golden State.

Throughout the seminar on Friday, attendees wanted to know how the MMRSA would operate, what local power would look like now, how licensing and any “priority” would work, and how some of the ambiguities in the bills would be sorted out moving forward. I was lucky enough as chair to have California Assembly Member Reginald Jones-Sawyer as a speaker, especially since he played a large part in crafting the language that now makes up a solid majority of the MMRSA. Assembly Member Jones-Sawyer gave attendees valuable insight into how this legislation came to be and what most concerned state lawmakers. It should be no surprise that the legislature’s biggest concerns were edibles, youth access to cannabis, and the impact marijuana businesses would have on their communities.

It’s important to recognize that the MMRSA is made up of three bills–Assembly Bill 266, Assembly Bill 243, and Senate Bill 643, with each bill having a different function, while at the same time containing overlapping, identical language regarding certain aspects of medical marijuana control. I examine each of these three bills below:

AB 266:

AB 266 focuses on MMRSA’s overall regulatory and licensing set up by specifically doing the following:

  • Legalizing all “commercial cannabis activity” undertaken pursuant to a state medical marijuana operational license (and pursuant to a local license or permit, if required by your city or county).
  • Where California’s medical marijuana economy is currently made up of non-profit mutual benefit corporations or non-profit cooperatives, AB 266 allows for-profit businesses to obtain operational medical marijuana licenses from the state.
  • Establishing the Bureau of Medical Marijuana Regulation (BMMR), which will be part of the Department of Consumer Affairs, under the supervision and control of the Director of Consumer Affairs. The BMMR is vested with the power and authority to develop and implement any and all rules necessary to enforce the MMRSA.
  • Giving The Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health the power to promulgate and pass any rules necessary to implement the MMRSA.
  • Setting up 17 different kinds of medical marijuana operational license types and prohibiting vertical integration (barring one exception below). A licensee may only hold a state license in up to two separate license categories out of the 17 and the state only permits certain combinations of licenses. Moreover, for growers, regardless of license combination, the state only allows up to 4 acres of total canopy to be cultivated while the license or license combination is valid.
  • Providing for one difficult to attain carve-out for vertical integration. If your city or county has an ordinance that requires or permits vertical integration and your business was vertically integrated before July 1, 2015, and you’ve been continuously operating and registered with the Board of Equalization, you get to stay vertically integrated in the new licensing system until January 1, 2026, when that privilege will be repealed.
  • Permitting cities and counties to regulate medical marijuana businesses beyond the requirements set forth under the MMRSA and the BMMR’s rules. The bill also allows cities and counties to ban medical marijuana businesses within their borders.
  • Mandating local approval of your marijuana business by providing that “[a] licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a license or permit from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance.” Note that the revocation of your local permit or license means you cannot operate in that city or county even if you still have your state license.
  • Giving local jurisdictions the power to tax and assess fees against medical marijuana businesses.
  • Setting forth the requirements for marijuana deliveries in California. Delivery of marijuana by a dispensary to qualifying patients or designated primary care givers will be licensed by the state only if it is also allowed in the local jurisdiction in which the dispensary licensee operates.
  • Prioritizing licensing for certain medical marijuana businesses. In issuing licenses, the state must prioritize any facility or entity that can demonstrate to the state’s “satisfaction” that it was “in operation and in good standing with [its] local jurisdiction by January 1, 2016.” In addition, an MMJ business that is operating in compliance with local zoning ordinances and other state and local requirements on or before January 1, 2018, may continue its operations until its application for licensure is approved or denied. So in other words, if you can get your cannabis business up and running by the end of this year with local approval where required, you will likely have priority when it comes to licensing under the MMRSA. I and my firm’s other California-licensed cannabis lawyers are already getting calls and emails from existing and new clients seeking help on this.

Issuance of a state license or a determination of compliance with local law by the [state] shall in no way limit the ability of the City of Los Angeles to prosecute any person or entity for a violation of, or otherwise enforce, Proposition D, approved by the voters of the City of Los Angeles on the May 21, 2013, ballot for the city, or the city’s zoning laws. Nor may issuance of a license or determination of compliance with local law by the [state] be deemed to establish, or be relied upon, in determining satisfaction with the immunity requirements of Proposition D or local zoning law, in court or in any other context or forum.

AB 243:

AB 243 focuses on regulating marijuana cultivation for medical use and on California’s environmental concerns regarding marijuana cultivation. This bill:

  • Gives the California Department of Food and Agriculture the power to promulgate any and all rules necessary to accomplish the regulation of medical marijuana cultivators. The Department of Food and Agriculture will also be the one issuing and overseeing all cultivators licenses.
  • Tasks the California Department of Pesticide Regulation, in consultation with the California Department of Food and Agriculture, with dealing with pesticide usage and safety as those relate to marijuana cultivation.
  • Calls for the California Department of Food and Agriculture to work with the Department of Fish and Wildlife and the State Water Resources Control Board to ensure that “individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability.”
  • Provides for the same standards set forth in AB 266 regarding local control and licensing and permitting to apply in AB 243. Nonetheless, “[i]f a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the [state] shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county.”
  • Does not apply to qualifying patients engaged in personal cultivation if the cultivation area does not exceed 100 square feet and if the qualifying patient does not sell, distribute, donate, or provide marijuana to any other person or entity. It also does not apply to designated primary care givers growing for qualifying patients if the cultivation area does not exceed 500 square feet, he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver, and he or she does not receive remuneration for these activities, except for compensation provided in full compliance with Section 11362.765(c) of the Calls for the California Health and Safety Code. California State Department of Public Health to develop standards for producing and labeling all edible medical cannabis products. The Department of Public Health will also almost certainly be in charge of regulating the edible potencies as well.

SB 643:

Just like its companion bills, SB 643 contributes to the regulatory and oversight structure of the MMRSA. It also specifically sets forth standards for licensed medical physicians and doctors of osteopathy (“physicians”) who recommend marijuana for medical use and it delves into the criminal background standards for applicants. The main points of this bill are the following:

  • Tasks the California Medical Board with prioritizing investigations of physicians who excessively recommend cannabis for medical use, fail to have a bona-fide patient relationship with those persons for whom they recommend cannabis, or fail to adhere to sufficient record keeping regarding their cannabis recommendations.
  • Makes it a misdemeanor for a physician to recommend medical cannabis to a patient and then to accept, solicit, or offer any form of remuneration from or to a state-licensed medical marijuana business if the physician or his or her immediate family have a “financial interest” in that business.
  • Mandates that applicants for any medical marijuana license must submit fingerprints to the Department of Justice for a criminal background check.
  • The state can deny a license application if “[t]he applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. . .” In determining which offenses are “substantially related to the qualifications, functions, or duties of the business or profession for which the application is made,” the state will take into account the following:
    • felony convictions for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance
    • violent felony convictions
    • serious felony convictions
    • felony convictions involving fraud, deceit, or embezzlement
  • Allows for the denial of a license application if the applicant has any history of local sanctions, fines, or penalties for violations of local ordinances, including those related to medical marijuana commercial activity, and for any revocation of a local license within the three years prior to the application for a state license.
  • Requires applicants to “[p]rovide evidence of the legal right to occupy and use the proposed location.” Applicants for a cultivator, distributor, manufacturing, or dispensary license must also provide the state with “a statement from the owner of real property or their agent where the cultivation, distribution, manufacturing, or dispensing commercial medical cannabis activities will occur, as proof to demonstrate the landowner has acknowledged and consented to permit cultivation, distribution, manufacturing, or dispensary activities to be conducted on the property by the tenant applicant.”
  • Compels applicants for a cultivator or a dispensary license to provide the state with “evidence” that their proposed location is at least 600 feet from a school. “School” has not yet been defined.
  • Mandates that applicants with twenty or more employees provide the state with a “statement” that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement.
  • Requires that those seeking to cultivate, distribute, or manufacture medical cannabis must submit a detailed operational plan disclosing to the state their plans for cultivation, their extraction and infusion methods, their transportation processes, and their inventory and quality control procedures.
  • Tasks the state with developing an “organic certified” standard for medical marijuana in California by January 1, 2020, “if permitted [to do so] under federal law and the National Organic Program.”

All of the bills also mandate that various state agencies set up rules and systems for the following:

  • Tracing cannabis product
  • Record keeping
  • Anti-diversion systems for transporting cannabis product
  • Quality assurance testing standards
  • Robust labeling and packaging
  • Safe product handling
  • Security requirements

We will need to see how the various California state agencies use their rule making authority to fill in the blanks left by the three bills. For example, licensing and renewal fees have yet to be set, we don’t yet know exactly how edibles and infused products will be regulated under the bills, residency requirements (if any) and investment regulations need to be set, and none of the bills directly discuss how medical marijuana businesses will (or will not) be able to advertise their products and services. These issues, and more, will be addressed through state agency rule making that will take place until at least January 2018.

In our practice at Canna Law, we’ve handled licensing applications for all kinds of complicated and heavily regulated state licensing regimes with comprehensive and complicated barriers to entry, including in New York, Washington, Oregon, Alaska, Florida, Nevada, Minnesota, Maryland, and Illinois. It is obvious to us that in crafting its own three medical cannabis bills, California borrowed language from already existing laws and regulations in many of these states. It is also clear to us that California is going to have one of the most comprehensive and complicated medical marijuana licensing regimes in the country. Consequently, California medical marijuana businesses should start preparing now for this future of extremely robust regulation. Though California probably will not issue licenses until well after January 1, 2018, it is never too early to prepare your business for the radical changes this new and massive regulatory system will bring.


Hilary Bricken is an attorney at Harris Moure, PLLC in Seattle and she chairs the firm’s Canna Law Group. Her practice consists of representing marijuana businesses of all sizes in multiple states on matters relating to licensing, corporate formation and contracts, commercial litigation, and intellectual property. Named one of the 100 most influential people in the cannabis industry in 2014, Hilary is also lead editor of the Canna Law Blog. You can reach her by email at hilary@harrismoure.com.

Topics

Administrative Law, California, California Medical Marijuana Regulation and Safety Act (MMRSA), Canna Law Group, Conferences / Symposia, Drugs, Harris Moure, Hilary Bricken, Jerry Brown, Marijuana, Medical Marijuana, Reginald Jones-Sawyer, Regulation

CONTINUE READING…

California: “COMPASSIONATE AND SENSIBLE ACCESS ACT”


FOR IMMEDIATE RELEASE

CALIFORNIA PATIENTS FILE THE “COMPASSIONATE AND SENSIBLE ACCESS ACT”AS A STATEWIDE CONSTITUTIONAL INITIATIVE

Sacramento, California

Washington State and Colorado have failed to provide protection for people who use cannabis for medicinal purposes.

Corporate greed has brought new players into the legalization movement. These people seek to corner the marijuana distribution market by eliminating competition and access to increase their profit.

These people seek to continue the high profits of Prohibition by the continued criminalization and attacks against people who choose to use cannabis for medicinal purposes.

This initiative will protect patients and their doctors. Members and leaders of The California Cannabis Coalition, Yuba County ASA, Orange County Norml, Crusaders for Patient’s Rights along with several statewide activists are sponsoring.

TEXT

INITIATIVE CONSTITUTIONAL AMENDMENT TO BE SUBMITTED DIRECTLY TO THE VOTERS

Title: The Compassionate and Sensible Access Act

Findings and Declarations

The People of the State of California, through the passage of the Compassionate Use Act, recognize that cannabis in all forms, including but not limited to its flowers, leaves, and derivatives and concentrates thereof, is an alternative medicinal treatment.

Since the passage of the Compassionate Use Act, more and more evidence supports the People’s conclusion that cannabis is a valuable medicinal herb.

Despite this evidence and the People’s desire to make access to cannabis safe and affordable to anyone it may help, many local jurisdictions have sought to pass regulations and restrictions effectively denying such safe and affordable access.

Therefore, We the People propose this Compassionate and Sensible Access Act be added to the Constitution of the State of California:

Cannabis is a legitimate, alternative medicinal treatment. Therefore:

(1) No state or local agency or body shall adopt a law that burdens in any way the ability of doctors to recommend cannabis for medicinal and/or therapeutic purposes, unless said law applies such burden equally to the recommendation of other herbal or therapeutic treatments.

(2) No state or local agency or body shall pass any law which impedes a patient’s ability to obtain or cultivate cannabis in any manner that is consistent with the other flora cultivation and business in said jurisdiction.

(3) No state or local agency or body shall enact any legislation that impedes a patient’s ability to obtain, transport or cultivate cannabis, so long as the method of obtaining, cultivating or transporting cannabis is consistent with the business practices and/or cultivation practices of other flora in said jurisdiction.

(4) No state or local agency or body shall adopt laws that create non-competitive marketplaces for medical cannabis and its derivatives.

Definitions

For the purposes of this act, cannabis is defined as (a) a genus of flowering plants that includes three different species, Cannabis sativa, Cannabis indica and Cannabis ruderalis, (b) any member of such genus, and (c) any part or any derivative of such plant or plants.

This section shall be interpreted liberally to effect the purposes set forth herein.

www.californiacannabiscoalition.org

Judge Henry Latham’s ruling was filed. "I’m not allowed to give proof why I was using. Now, there is no fair trial."


           

Since his arrest last summer, Benton Mackenzie has maintained he grew marijuana to treat terminal cancer.

Now, just days ahead of going to trial Monday on drug conspiracy charges, a Scott County District judge has ruled he won’t allow Mackenzie to use his ailment as a defense.

"I’m not allowed to mention anything," Mackenzie said Thursday, the day Judge Henry Latham’s ruling was filed. "I’m not allowed to give proof why I was using. Now, there is no fair trial."

The 48-year-old, who shared his story with the Quad-City Times last September, was diagnosed with angiosarcoma in 2011. It’s a cancer of the blood vessels, in which tumors appear as skin lesions.

He says the lesions have grown enormous since sheriff’s deputies confiscated 71 marijuana plants from his parents’ Long Grove home last summer. He needed all those plants just to be able to extract enough cannabis oil for daily treatments, he says.

Mackenzie wants to be able to tell jurors why he grew marijuana. He wants to show them pictures of his cancerous lesions.

"If I’m to tell the whole truth and nothing but the truth, and the court doesn’t let me tell the truth, they’re making me a liar," he said.

Assistant Scott County Attorney Patrick McElyea, who is prosecuting Mackenzie, filed a motion earlier this month to limit any testimony regarding medical marijuana. He has declined to comment on the case.

McElyea based his motion on the 2005 Iowa Supreme Court decision in State v. Bonjour, a case similar to Mackenzie’s. Lloyd Bonjour, an AIDS patient, was convicted of growing marijuana, and the Supreme Court upheld the conviction.

Latham sided with McElyea’s motion, stating, "The court is not aware of any legislation or been provided with any legislation which provides for such defense."

The judge states he is aware Mackenzie has angiosarcoma. He also is aware Iowa lawmakers recently legalized oil concentrated with cannabidiol, or CBD, with "specific restrictions."

The pending law, expected to be signed today by Gov. Terry Branstad, only applies to those suffering severe epileptic seizures.

Mackenzie says he thinks state government is the "bigger criminal," because it’s practicing medicine without a license in deciding who can and who cannot possess medical marijuana.

"At least the state is now recognizing, with a law, that marijuana has medicinal value," he said, adding his plants were from a strain rich in CBD, which in other states is associated more with medical use than recreational use.

Without the medical necessity defense, Mackenzie said his fate is "completely in the Lord’s hands."

Sitting through several hours of hearings over the past 11 months has been hard enough on someone with lesions covering his legs and rear, he says. He can’t imagine sitting through an entire trial, which is scheduled to begin Monday with jury selection.

He says he may show up to court wearing a kilt, so jurors can see for themselves. But he wouldn’t want his lesions oozing and bleeding all over the courtroom furniture.

"That shows how much of a criminal I’m not," he said.

At one point during a phone conversation with a reporter Thursday afternoon, he reacted because one of his larger lesions opened up and bled onto the chair and floor at home, he said.

"I’m sitting in a pile of blood," he said a moment later.

He wants to request a nurse or a medical provider be allowed to sit in the courtroom with him. He says the judge is allowing breaks, but he expects he’ll have to take a break every few minutes just to replace the large, disposable underpad for furniture.

He anticipates that with his failing health and the number of co-defendants, the trial will come across as a "circus."

Mackenzie is charged with felony drug possession along with his wife, Loretta Mackenzie. His 73-year-old parents, Dorothy and Charles Mackenzie, are charged with hosting a drug house, and his son, Cody, is charged with misdemeanor possession. His childhood friend, Stephen Bloomer, also is charged in the drug conspiracy.

All six defendants are being represented by a different attorney.

Lately, Mackenzie’s health has been "touch and go," he says, with episodes of vomiting, cold sweats and extreme pain. He almost always feels tired.

He raised enough money from family and friends to travel twice this spring to Oregon, which has legalized medical marijuana.

Each trip was a week long. During the first trip, he met with a physician, who approved him for a state medical marijuana identification card. On the second trip, he was able to purchase oil in an amount equivalent to a pound and a half of marijuana, which he couldn’t by law bring back to Iowa.

The little bit of relief is nothing compared to the daily treatments prior to his arrest, when he was shrinking his skin lesions, he said. He claims the oil in Oregon also stopped the growth of the lesions, but only temporarily.

Mackenzie said he hopes jurors will show compassion in deciding his future.

"No matter what, if I’m found guilty, I’ll do at least three years in prison, which is a death sentence for me," he said. "If I’m found guilty at all, I’m a dead man. I’m lucky I’m not dead already."

Copyright 2014 The Quad-City Times. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Tags

Benton Mackenzie, Iowa, Henry Latham, Medical Cannabis, Cannabidiol, Cannabis, Iowa Supreme Court, Mackenzie, Patrick Mcelyea, Cannabis Oil, Lloyd Bonjour, Legalized Oil, Cancer, Marijuana, Medical Marijuana

CONTINUE READING…

Florida’s top court on Monday approved the wording of a medical marijuana ballot question


 

Irv-Rosenfeld.jpg

 

TALLAHASSEE — Florida’s top court on Monday approved the wording of a medical marijuana ballot question asking voters to join some 20 other states in legalizing the drug for medicinal use.

The Florida Supreme Court issued a divided, 4-3 opinion clearing the way for the proposed constitutional amendment to be placed on the November 2014 general election ballot.

The decision is a win for Orlando trial lawyer John Morgan, who has largely financed the effort. It’s also a loss for Attorney General Pam Bondi and Republican legislative leaders who argued before the court that the amendment was misleading.

The four-judge majority wrote the opinion was sufficiently clear in setting the boundaries for when doctors would be allowed to prescribe marijuana. For instance, Bondi and lawyers for House Speaker Will Weatherford, R-Wesley Chapel, and Senate President Don Gaetz, R-Niceville, had argued the summary was misleading because it allowed doctors to prescribe the drug for “diseases” while the amendment itself discusses medical “conditions.”

The amendment summary says it would authorize “the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician.”

The actual ballot language defines “debilitating medical condition” as diseases such as cancer, glaucoma, HIV/AIDS, hepatitis C or “other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”

That could allow medical marijuana to be prescribed for anything, critics say.


Pictures: Notable Celebrity Deaths


 

But the four-judge majority — Justices Barbara Pariente, Fred Lewis, Peggy Quince and James Perry — rejected those arguments.

“We conclude that the use of ‘diseases’ instead of ‘conditions’ in the ballot summary will not reasonably mislead the voters,” the wrote.

On the losing side, Justices Charles Canady, Ricky Polston and Jorge Labarga disagreed, arguing the ballot title and summary “are affirmatively misleading because they obscure the breadth of medical issues that would qualify for medical marijuana by deceptively employing the term ‘disease’ and by failing to disclose that a physician need only believe that the benefits would likely outweigh the risks.”

They also argued the question was confusing for failing “to disclose the broad immunity that would be granted if the amendment passes and because they falsely imply that the use and possession of marijuana in accordance with the amendment would not violate federal law.”

Bondi said Monday in a statement that the decision was now up to voters.

“I encourage every Floridian to read the full amendment in order to understand the impact it could have on Floridians,” she said.

Weatherford said he disagreed with the court’s majority, and “I have faith they will do their homework and understand the impact of this truly radical proposal.

“Make no mistake,” he said in a statement, “this is not about compassionate medical marijuana. This is about the Coloradofication of Florida, where the end game is a pot shop on every street corner.”

Gaetz declined to comment.

The amendment passed the required 683,000 signature mark last week and could now shift to a multimillion-dollar campaign phase, although polls suggest the issue is broadly popular with Florida voters.

In a fund-raising email to supporters, Ben Pollara, campaign manager for the United for Care group pushing the amendment, cautioned that “Now the work of educating voters and combating false information truly begins.”

Meanwhile, groups opposed to legalizing medical pot promised to fight. “There is no medicinal value to it. It’s the same pot that you get down the street from the drug dealer,” said Jeff Kadel, executive director of the Palm Beach County Substance Awareness Coalition.

The Florida Chamber of Commerce and other critics have alleged the amendment was really a stealth effort to help Democrat Charlie Crist regain the Governor’s Mansion this fall by driving more liberal-leaning, “irregular” voters to the polls. Crist, who is running against Republican Gov. Rick Scott, worked for Morgan’s firm and has embraced the amendment.

“This is an issue of compassion, trusting doctors, and trusting the people of Florida. I will vote for it,” Crist said.

Scott, meanwhile, said he couldn’t support the amendment.

“I have a great deal of empathy for people battling difficult diseases and I understand arguments in favor of this initiative,” Scott said. “But, having seen the terrible affects of alcohol and drug abuse first-hand, I cannot endorse sending Florida down this path and I would personally vote against it. No matter my personal beliefs, however, a ballot initiative would be up to the voters to decide.”

Morgan poured $2.8 million into the effort this fall — spending $2 million in December on a California-based signature gathering firm PCI Consultants Inc., which has blanketed airwaves with commercials and shopping malls and other public spaces with signature-gatherers.

Morgan’s total giving includes an $909,000 loan from his law firm to the People United for Medical Marijuana organization.

Morgan’s family and mega-law firm accounted for 83 percent of the legalization effort’s entire budget and will continue to financially back the campaign, he said.

“I think the amendment kind of passes itself. It’s like ‘Are you in favor of fresh air?'” Morgan said. “But with that said, at Morgan and Morgan we don’t take anything for granted. Something that seems obvious might not be so we will play it as if we’re behind. That’s how we will treat this campaign.”

CONTINUE READING…

Talking Marijuana with Dr. Jeffrey Miron


June 17, 2013 by Brett Wilkins in Civil Liberties, Crime & Punishment, Drugs, Featured, The Best of Moral Low Ground, U.S. Government

 

Moral Low Ground editor-in-chief Brett Wilkins recently interviewed Dr. Jeffrey Miron about marijuana prohibition, medical marijuana and the market implications of legalization. This article was originally published in the Medical Marijuana Review.

(Photo: Dr. Jeffrey Miron)

(Photo: Dr. Jeffrey Miron)

Why is a Harvard University economics professor proclaiming “marijuana should be legalized for just about everything”? Does he see prices for medical marijuana sliding down due to increased competition from private companies? We decided to find out by interviewing Dr. Jeffrey Miron, senior lecturer and the Director of Undergraduate Studies in Economics at Harvard University, as well as a Senior Fellow at the Cato Institute, the nation’s leading libertarian think-tank.

As an unabashed and outspoken champion of individual liberty, Dr. Miron has stirred the pot by publicly advocating for the legalization of all drugs, a move he says would save tens of billions of dollars annually for federal, state and local governments. We recently spoke with Dr. Miron about the future of medical marijuana, the economics of newly minted canna-businesses and the Obama’s administration approach to the war on drugs.

MediRevew: You have written that “just as the harms of alcohol prohibition were worse than the harms of alcohol itself, the adverse effects of marijuana prohibition are worse than the unwanted consequences of marijuana use,” and that legalization is the better policy. What’s the biggest obstacle to legalization?

Miron: I think the big obstacle to legalization is the entrenched interests of people whose job it is to continue prohibiting marijuana, whether that’s local vice squads, federal agencies like the Drug Enforcement Administration, the Drug Czar’s office or the White House. And there are some entrenched interests that people don’t always think about.

One example is the treatment sector. A lot of people are coerced into getting drug abuse treatment because they’re, say, caught in a routine traffic stop with marijuana in their car, and they’re able to get that arrest to go away if they go through some court-ordered treatment. But they’re not people who need drug abuse treatment, so there’s a lot of extra demand created for the treatment sector. So this sector also has a vested interest in maintaining the status quo.”

MediReview: Given President Obama’s campaign promise of a hands-off approach to medical marijuana and the Justice Department’s Ogden Memo (directing federal resources only against medical marijuana providers who violate state law), what do you make of the Obama administration’s crackdown on medical marijuana?

Miron: I think that the administration, first of all, focuses on the electoral consequences. I don’t think they’ve seen it so far as in their interest to be soft on medical marijuana, or on any drugs. It seemed that way at the beginning, but that changed rather quickly. [The administration] knows that it would give the Republicans an issue if it came down strongly in favor of medical marijuana, or supported the recreational legalizations in Colorado and Washington. And so I think they just don’t want to go there. They want to let public opinion shift so much on its own. They’re sort of going along with public opinion, not trying to make public opinion.

MediReview: Public opinion is generally very much in favor of medical marijuana, and according to polls, a majority of Americans now even support recreational legalization. Do you feel that full legalization is inevitable?

Miron: Well, I hope that’s right, but I’m not positive that’s right. Pendulums can swing one way, and then sometimes the other way. There are certainly examples where public opinion has gone in one direction and then the other on lots of public policy issues, including drugs. So I don’t think we should assume it’s inevitable.

I think it’s plausible that marijuana will continue to move in the direction of medicalization and legalization. But if you’re sitting in Washington and you have the White House drug czar’s office right down the hall from you, and you have the DEA right there, and you have some Congressmen who are still screaming for prohibition, I think it’s pretty hard. And the federal government can interfere quite a bit with the decisions by states to try to medicalize and legalize.

The other reason why I don’t think we should assume [legalization] is inevitable is that very few major party politicians, on both sides of the aisle, are totally comfortable with the idea of letting states do what they want. The existing major parties don’t want to let states deviate from federal policy. Any federal politician who endorses letting states deviate is in trouble.

MediReview: If legalization does occur, do you foresee Big Pharma cornering the market on medical marijuana in the same way Big Agriculture dominates farming?

Miron: I’m not sure I would use the word ‘cornered.’ I think that in a fully legal market, we would likely see a substantial share of [marijuana] that was produced and sold by a relatively small number of companies, as we do with cars or beer or tobacco. But as long as the regulation of that industry is moderate at most, there will still be ample room for smaller firms to succeed. We see competition in the beer industry from overseas. We see lots of microbreweries.

[But] if you have a lot of regulation, then you’re going to limit the ability of the small producer to survive in the marketplace. An excellent example of that is the tobacco industry. It’s so costly, and there are all sorts of lawsuits and so many restrictions on advertising that it’s very hard for any newcomer to get into the tobacco industry in a profitable way, and so the big companies do rule that industry. But I don’t think we should be that concerned if a lot of the medical marijuana market is taken over by a relatively small number of companies… That’s just the way markets seem to work. And as long as there’s not too much regulation there will still be plenty of competition.

MediReview: Is this good for consumers? Do you see market forces and increased competition driving prices down?

Miron: I personally don’t think that prices are going to change dramatically. I wouldn’t be shocked if they went down by noticeable amounts, maybe 25 percent, perhaps even 50 percent, but I suspect that they won’t go down much at all. There are two reasons why.

One, I don’t think that current marijuana prohibition in the US is actually all that strong. I think that the amount of money that’s being spent trying to raise the price of marijuana relative to the size of the market is pretty miniscule. Therefore, they’re not having much effect in raising the cost.

Second, if you look at data and compare [marijuana] prices in the US to places where it’s almost entirely legal… they’re not that different. If you look at places like California where it’s very close to being legalized, prices aren’t that different from other places in the country. So I think that prices may go down, but they’re not going to go down a ton.

MediReview: Three years ago, you said that we can’t be sure if marijuana is effective medicine because DEA rules make it virtually impossible to carry out proper scientific trials. Consistent with its Schedule I classification, the federal government continues to emphatically insist marijuana has no accepted medical use. Do you think this is an accurate assessment?

Miron: The federal government continues to insist that smoked marijuana has no non-medical benefits, and in particular has no superior benefits compared to synthetic products or derivative products made from marijuana, such as Marinol… There certainly are legitimate studies and accepted evidence that some products like Marinol may be effective.

MediReview: You once said that the anecdotal evidence of medical marijuana’s effectiveness was “stunning.” Can you give examples?

Miron: Qualitatively, there are people who were resistant to the idea of using medical marijuana, but they were suffering from a serious condition… for which marijuana was widely thought to be useful and efficacious. And finally they were convinced by relatives or friends to try it and they did and then saw dramatic improvement.

But unfortunately, those people then became nervous that somehow it was still wrong to use marijuana or they were worried that they were putting their grandchildren in jeopardy by having them score marijuana for them at their local high school, and so they stopped, and when they did, their symptoms got worse again. So is that a perfectly controlled experiment? No. But is it a quasi-controlled experiment? Is that a little bit like an experiment? Yes, because you have a before, during and after. So that’s what I mean by anecdotal evidence, and it’s very suggestive.

MediReview: You also once said that the medical marijuana approach to legalization seems “sneaky.” What did you mean by that?

Miron: I do think has a real problem in that the way it’s implemented in many states looks like it’s just backdoor legalization. Many doctors seem to write [recommendations] without much compunction… and so that gives critics some basis in fact to say, “This is not just about helping sick people, this is about recreational use, and medicalization is helping to allow recreational use.”

Now, I have no objection to recreational use. I think [marijuana] should be legal for absolutely everything… And medicalization certainly has some benefits, because it means more people are able to purchase marijuana without the risk of going to jail, but it also has its unfortunate side effects of looking hypocritical, of looking like not telling the truth.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Tagged Cato Institute, harvard university, Jeffrey Miron, Jeffrey Miron drugs, marijuana, marijuana legalization, Marinol, medical marijuana, obama marijuana, public opinion marijuana

CONTINUE READING…

Illinois town says they can’t handle medical marijuana businesses if state MMJ bill passes


By William Breathes in Legislation, Medical, News

Wednesday, January 30, 2013

 

en2661297

 

Marijuana paranoia is alive and well in Illinois, where city leaders in the northern Chicago suburb of Libertyville have unanimously voted to ban marijuana businesses in their city.

Knee jerk? You betcha. Keep in mind that medical marijuana isn’t even legal in Illinois. So these people are wasting their time banning businesses that can’t even exist according to their state law.

The Illinois state legislature failed to pass medical marijuana laws in the 2012 session, but lawmakers have introduced an almost identical bill again this session. Dubbed House Bill 1, or the Compassionate Use of Medical Cannabis Pilot Program Act, the proposal would allow for cultivation and distribution businesses in the state for a limited, trial period. The 2012 version also made possession of up to two ounces legal and would have made driving within six hours of medicating illegal.

Libertyville officials say that if the bill were passed, they wouldn’t be able to handle the zoning requests through their current code. The resolution the town passed January 22 – which is contingent on the state passing House Bill 1 – would require a public hearing on whether or not the town should adjust their zoning to allow medical marijuana businesses at all. It’s basically a ban, without really being a ban.

Multiple calls to the town trustees and mayor were not immediately returned. We’ll update this post if/when we hear back.

Also on the chopping block at the January 22 town meeting were sex-related businesses. The town lingerie store would be spared, but all other stores selling porno flicks and vibrators (and any strip clubs) will be forced to operate in the industrial district on the edge of the Chicago suburb.

So while you can still get a lap dance in Libertyville, there’s apparently no room for people providing compassionate pain relief.

CONTINUE READING…

HR 6335 `States’ Medical Marijuana Property Rights Protection Act’


HR 6335 IH

112th CONGRESS

2d Session

H. R. 6335

To amend the Controlled Substances Act so as to exempt real property from civil forfeiture due to medical-marijuana-related conduct that is authorized by State law.

IN THE HOUSE OF REPRESENTATIVES

August 2, 2012

Ms. LEE of California (for herself, Mr. POLIS, Mr. FARR, Mr. STARK, Mr. HINCHEY, Mr. BLUMENAUER, Mr. HONDA, Mr. FRANK of Massachusetts, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Controlled Substances Act so as to exempt real property from civil forfeiture due to medical-marijuana-related conduct that is authorized by State law.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the `States’ Medical Marijuana Property Rights Protection Act’.
SEC. 2. FINDINGS.
    Congress makes the following findings:
      (1) 17 States and the District of Columbia have, through ballot measure or legislative action, approved the use of marijuana for medical purposes when recommended by a physician.
      (2) Marijuana has long-established medical uses as an effective treatment for conditions that include HIV/AIDS, multiple sclerosis, arthritis, gastro-intestinal disorders, chronic pain, and others as well.
SEC. 3. CIVIL FORFEITURE EXEMPTION FOR MARIJUANA FACILITIES AUTHORIZED BY STATE LAW.
    Paragraph (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(7)) is amended–
      (1) by striking `(7) All’ and inserting `(7)(A) Except as provided in subparagraph (B), all’; and
      (2) by adding at the end the following:
      `(B) No real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, shall be subject to forfeiture under subparagraph (A) due to medical marijuana-related conduct that is authorized by State law.’.

END

Stay Connected with the Library All ways to connect »
Find us on

FacebookTwitterYouTubeFlickr

Subscribe & Comment
Download & Play

About | Press | Site Map | Contact | Accessibility | Legal | External Link Disclaimer | USA.govSpeech Enabled Download BrowseAloud Plugin

H.R. 1983 ‘States Medical Marijuana Patient Protection Act’


HR 1983 IH

112th CONGRESS

1st Session

H. R. 1983

To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various States.

IN THE HOUSE OF REPRESENTATIVES

May 25, 2011

Mr. FRANK of Massachusetts (for himself, Mr. ROHRABACHER, Mr. STARK, and Mr. POLIS) introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various States.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the `States’ Medical Marijuana Patient Protection Act’.
SEC. 2. CONTROLLED SUBSTANCES ACT.
    (a) Schedule-
      (1) Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, in cooperation with the National Academy of Sciences’ Institute of Medicine, shall submit to the Administrator of the Drug Enforcement Administration a recommendation on the listing of marijuana within the Controlled Substances Act (CSA), and shall recommend a listing other than `Schedule I’ or `Schedule II’.
      (2) Not later than 12 months after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, based upon the recommendation of the National Academy of Sciences, issue a notice of proposed rulemaking for the rescheduling of marijuana within the CSA, which shall include a recommendation to list marijuana as other than a `Schedule I’ or `Schedule II’ substance.
    (b) Limitations on the Application of the Controlled Substances Act-
      (1) IN GENERAL- No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which the medical use of marijuana is legal under State law–
        (A) the prescription or recommendation of marijuana for medical use by a medical professional or the certification by a medical professional that a patient has a condition for which marijuana may have therapeutic benefit;
        (B) an individual from obtaining, manufacturing, possessing, or transporting within their State marijuana for medical purposes, provided the activities are authorized under State law; or
        (C) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to individuals authorized to possess medical marijuana under State law from obtaining, possessing or distributing marijuana to such individuals.
      (2) PRODUCTION- No provision of the Controlled Substances Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in a State in which the possession and use of marijuana for medical purposes is legal from producing, processing, or distributing marijuana for such purposes.
SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.
    (a) In General- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict in a State in which the medical use of marijuana is legal under State law–
      (1) the prescription or recommendation of marijuana for medical use by a medical professional or the certification by a medical professional that a patient has a condition for which marijuana may have therapeutic benefit;
      (2) an individual from obtaining, manufacturing, possessing, or transporting within their State marijuana for medical purposes, provided the activities are authorized under State law; or
      (3) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to individuals authorized to possess medical marijuana under State law from obtaining, possessing, or distributing marijuana to such individuals.
    (b) Production- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in a State in which the possession and use of marijuana for medical purposes is legal from producing, processing, or distributing marijuana for such purpose.
SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.
    This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.

END

Stay Connected with the Library All ways to connect »
Find us on

FacebookTwitterYouTubeFlickr

Subscribe & Comment
Download & Play

About | Press | Site Map | Contact | Accessibility | Legal | External Link Disclaimer | USA.govSpeech Enabled Download BrowseAloud Plugin

WV: Legislation to legalize marijuana discussed


Supporters argue financial, medical benefits of halting prohibition
images2.jpg

In a paper, WVU law student Kaitlin L. Hillenbrand says repealing marijuana prohibition will result in “numerous benefits to the state.”

CHARLESTON, W.Va. — Legislation to legalize marijuana use, especially for medical purposes, is being discussed again in West Virginia.

Today, sale of medical marijuana is legal in 18 states and Washington, D.C. Today, 30 percent of Americans live in states where marijuana is legal in some form.

On Nov. 6, popular votes in Colorado and Washington state legalized the recreational use of marijuana.

Supporters of marijuana legislation in West Virginia back various reform laws they say could offer people medical help, create new state tax revenues, cut prison costs and enhance an industry already booming underground.

West Virginia’s state prisons are becoming increasingly overcrowded and costly.

Delegate Mike Manypenny, D-Taylor, said the bill he is backing in the Legislature focuses on medical, not recreational, uses of marijuana.

“I do support decriminalizing small amounts for people getting caught. It would reduce the impact on our prison system. But my main goal is to legalize the ability of doctors to recommend it for a patient for a chronic ailment.”

Today, Manypenny said, “80 percent of our state’s prison population is there directly or indirectly related to charges of substance abuse.

“Legalizing marijuana could also spur economic development, Manypenny said. “We could export it to other states that approve medical marijuana. Ohio and Pennsylvania may also be close to getting something passed.”

Brad Douglas, the Department of Corrections’ director of research and planning, did not return phone calls Friday asking how the state estimates costs, and jail times, resulting from arrests related to marijuana possession.

Financial benefits

Kaitlin L. Hillenbrand, a student at the West Virginia University College of Law, recently wrote a paper titled “State Deregulation of Marijuana Act. White Paper: A Bill Concerning the Decriminalization and Regulation of the Marijuana Industry.”

In her paper, Hillenbrand says repealing the prohibition of marijuana will result in “numerous benefits to the state,” including “over $72 million in savings and revenue in the first year, and that number will very likely increase each year. Law enforcement resources would free up to solve serious crimes.”

Those benefits, Hillenbrand estimates, would include $29.6 million in revenues from a 6 percent sales tax on marijuana and taxpayer savings of $42.6 million by cutting marijuana arrests.

Hillenbrand also questions the effectiveness of marijuana arrests.

In 2011, one American was arrested every 42 seconds for marijuana possession. Yet marijuana use rates continued to rise, according to an FBI study.

On Nov. 15, Hillenbrand discussed her work about the legalization of marijuana with some members of the state Senate and House of Delegates.

Hillenbrand said she drafted a legislative bill, part of her paper, on behalf of Ken Robidoux — a medicinal-marijuana patient originally from California who suffers from seizure disorders.

Hillenbrand wrote her paper for a class taught by former WVU President David C. Hardesty Jr.

“The bill decriminalizes marijuana and gives the state Alcohol Beverage Control Commission regulatory authority over marijuana,” she said.

Hillenbrand said she modeled her bill after those that passed in Colorado and Washington last month, a model bill by the Marijuana Policy Project and the West Virginia statute that ended alcohol prohibition in the state in June 1933.

Hillenbrand hopes that West Virginia residents who favor the legalization of marijuana for either medical and/or recreational purposes express their opinions to their legislators.

Matt Simon, a legislative analyst for the Washington, D.C.-based Marijuana Policy Project, is working with Hillenbrand.

Simon praised Law Enforcement Against Prohibition, an international organization of criminal-justice professionals founded in 1999 that criticizes “the wasteful futility and harms of our current drug policies.”

CONTINUE READING PAGE 2 ….

OPEN Letter to Ohio Legislators and Washington DC


 

 

2007_1110TYPennington0016

by Tonya Davis on Sunday, November 25, 2012 at 9:33pm ·

Lawmakers… Please don’t let me die knowing that this plant could have saved me and you denied the same access as 18 states and DC as well as the 4 federal patients. You can stand up for me and many folks like me..

(I just want to say thank you for reposting my Open Letter Note.)

Come on Obama Administration… I need access to the whole plant of cannabis. I do not buy …. sell or grow… I should have the right to grow it like tomatoes for my medicine. I should be able to use its oils and juice its leaf or eat is raw. or smoke a joint whichever I need at the time.End marijuana Prohibition TODAY!!! and also SAVE Americans at the same time. This plant is the only thing that could save my life. Facebooker’s will you share this everywhere please.

This is an open letter to my Ohio legislators.

I have nowhere else to turn. I hope you hear my cries for help and I hope you stand up for me. Representative Bobby Hagan will be  Re introducing the Ohio medical compassion act which I hope you will consider cosponsoring  in January 2013.

It would merely allow Ohio’s doctors and patients to decide whether or not medical cannabis could benefit them or not. It would allow the department of health to keep an eye on the program and make sure there were no abuses. Anyone that is in the program would be in a database so that you can keep track of this act of compassion.

We also believe that it would save Ohio taxpayers millions of dollars by not arresting, incarcerating  and prosecuting folks for making a choice using cannabis as medicine. we also believe that the Obama administration would not bother our program because there would not be storefronts or dispensaries selling the product.

Over 73% of Ohioans support the compassionate use of marijuana..I am not sure you are aware but our sister state of Michigan has a medical cannabis program. We believe that we should have the same rights as those folks  just across our border.

Also Colorado and Washington just legalized marijuana for personal use.

My name is Tonya Davis and I’m your constituent. I am a mother, grandmother, sister, daughter. I could be your neighbor, friend, coworker. You have seen me at the Ohio Statehouse over the last decade in a suit rolling around in my wheelchair trying to bring your attention to alternative medication that is actually safer than aspirin. Yes I’m talking about medical cannabis and this has been my choice of medicine. For a long time you said to me to "bring in a doctor that supports this issue" I have!  you have said "bring in the science that supports cannabis as medicine" I have.. You have said " get a Republican on board" WE HAVE… we have jumped through the hoops that you have asked us to jump through.

We have a certified petition for the Ohio alternative treatment amendment that was certified by the SOS and the AG October of last year. We currently have house Bill 214  that is being ignored in the health committee because our speaker of the house refuses to give it a hearing. Now I’m asking you to save my life.

My whole life I have begged for help no one ever hears me. I will be heard this time because  this is my life I’m fighting for and I’m going to die on my terms.

Our government knows that cannabis is a medicine and that it is a neuro protective and antioxidant. they have  patents on it.  I am literally fighting for my life and my independence as well as tryin to keep my cognitive thinking okay.  By allowing me the same access as the 18 states plus Washington DC as well as the four patients that are currently allowed on federal level …it is not harming anyone.

I deserve that same access even though I am in the state of Ohio. I should not have to go die like a wounded animal in the woods. (going to a state that does have medical cannabis laws) where  I have no family and a support system.

I am not a drug addict, suffer from mental illness or have any type of criminal record.

I do have my Ohio doctors support , I have my pharmacist support… I have my out-of-state written recommendation from my cannabinoid specialist .  I have lived in same place for the decade ive fought for this issue. Here is a video clip of me and my cannabinoid specialist 

http://www.youtube.com/watch?v=gP5QOvkv77Y&feature=share

My neurologist came into my hospital room and told me a year ago that there was nothing that they can do for me anymore except keep me comfortable and treat symptoms. I have massive calcium deposits on my brain. I have pseudo-hypo parathyroidism which has completely disabled me and caused major medical problems such as crippling arthritis ,diseased esophagus, hiatal hernia ….inflamed bowel disease with adhesions wrapped around it…. severe hypocalcaemia…. very high phosphorous..  my blood pressure is all over the map … my heart rate is through the roof. All of this can be proven and backed up. Will you do the right thing and support compassion not corruption?

My future is bleak but I have an opportunity to change things and to protect what brain that is not damaged yet.  and most importantly die on my terms.

I CHALLENGE YOU TO SEND THIS TO ALL YOUR COLLEAGUES IN WASHINGTON.

ADDITIONALLY, MS. DAVIS WROTE THE FOLLOWING…..

If anything happens to me I blame my government for not allowing me the same access as my sister state Michigan or the other 17 states and DC …. I want my President to open his heart and allow me to fight for what life I have left with dignity and feel like I belong in this world as well. No ones ever heard me. As a child being abused and molested raped …I tried to tell anyone that would listen I was not heard or protected from age 5 to 12 when someone believed me I was removed to an orphanage. This is just the beginning of how my life spirals I am asking you remove sick people out of this drug war. I can not understand for the life of me how you can do anything you want to smoke a lot of pot do not get caught and you can be president of the United States. But If you do get caught with one joint it can ruin your life. Can we use common sense for drug policy when it comes to cannabis? why can the sister state Michigan get compassion and we don’t? I could go on about my life and I will but not right now. So as you can see there is a way you can save me. If our doctors are smarter now which I believe they are. They are licensed in the state of Ohio… We trust them to write prescriptions / with our lives in their hands anyway why can’t we trust them on determining whether or not their patient can benefit from the use of cannabis as a medicine? DEA will still have their work because people will still break the law. let our law-enforcement get real bad guys those committing domestic violence, violent crimes, home invasions harder drug addictions anything where there is a victim. There has to be a middle ground. I am tired of feeling like I’m a criminal and I don’t deserve to have to live in fear. It is the worst feeling ever. Let me know what you think on the subject. President Obama you are the one president that could change my life forever. What harm does it cause to allow someone like me to use cannabis as a medicine? I should be allowed to use that plant in any form. You could be America’s hero you could be my hero. Please read my open letter to share with your friends I would like you to care enough to stand with me. You all know this drug war is a lie? Have a lot to say tonight. I also want to say I am watching my friends die off one by one and I’m ready when father God calls me home… I don’t have to die right away I believe that with all my heart. Okay I’m done for a while… I may continue my talk if my community is watching ,thank you for being tolerant of me. You guys gave me my voice. Some day you will hear my whole story my life didn’t change until my mid-30s. It’s been a vicious cycle of domestic violence rape home invasion theft..even kidnapping my life has been a nightmare. No one has ever heard me I always fell before things changed. my life is make life movie. I would call it "If Only Heard" I have a strong testimony and willing to share it as well.. God has been a big part of my survival. seems like I had to experience all this to understand so id be a strong servant. my life is in Gods hand as well as our government…

Illinois considers legalizing marijuana for medical uses


hemp-300x200

 

 

By Renita Young

SPRINGFIELD, Illinois | Wed Nov 28, 2012 4:27pm EST

(Reuters) – The Illinois General Assembly on Wednesday will consider whether to legalize the use of marijuana for medical purposes and join a growing group of states that officially approve pot as a medicine.

The proposal for a three-year pilot program would make Illinois the second most populous state in the nation to allow medical marijuana after California. Nineteen states and the District of Columbia have legalized medical marijuana. Colorado and Washington state voters decided on November 6 to allow recreational use of cannabis.

The chief proponent of the law in Illinois, Democratic representative Lou Lang, said he may have the 60 votes needed for a majority to approve the bill. Lawmakers either defeated or retiring from the legislature who previously voted against the bill for political reasons could be swayed because they may not have to face voters again.

"I feel like we’re close," Lang said after he conducted his own count on Tuesday. He said about eight lawmakers are undecided, but "If I get three or four, I’ll be OK."

The Illinois bill would be the most restrictive in the country, according to Lang. Patients must be diagnosed with one of 30 debilitating medical conditions, must register with the Department of Public Health and have written certification from their physician. Patients would be limited to having no more than 2.5 ounces (70 grams) of marijuana every two weeks.

The bill first appeared in the Illinois House in December 2010 and was passed in the Senate with less-restrictive guidelines, but failed to pass in the House. Since then, the restrictions in the bill have been tightened to accommodate opposing lawmakers.

Under U.S. federal law, marijuana is still considered an addictive substance and distribution is a federal offense. Federal law prohibits physicians from writing prescriptions, so many have issued "referrals" or "recommendations." The administration of President Barack Obama has discouraged federal prosecutors from pursuing people who distribute marijuana for medical purposes under state laws.

Republican Illinois representative Tom Morrison said he would oppose the legislation, calling marijuana a "gateway drug" that leads to abuse of other illegal drugs.

(Editing by Greg McCune and Mohammad Zargham)

CONTINUE READING….

Someone who needs help fast….


Steve Tuck

If anybody here knows a lawyer here in KY whom believes in medical cannabis please let me know as mine doesn’t seem to realize how serious this situation is, my MD was friends with Gatewood and told me to find out if anybody took his practice over but I was told no …I’ve been a medical cannabis patient since 80’s due to an accident in the military and got my first rec from a MD at Walter Reed as my body doesn’t react well to other drugs and have scripts from dozens of MD’s in several states…long story short is my Dad had a stroke and I hadn’t been home to KY in years and while here my nephew passed away as well so it’s been a very emotional time for me. I got caught in a weird deal with a few grams of cannabis and am willing to pay whatever fine I need to in order to be allowed to return to Cali and my MD’s, but they are wanting me to do a week or so in jail and without my morphine and other meds I’ve been on for 20+ years and last time they were taken away I almost died and am scared it’s going to happen again and can’t believe they are willing to kill me over a few joints that I only use for myself to stay alive? Sorry for bothering y’all with this but thought somebody here might have an idea???

http://www.facebook.com/#!/herbdoc215

Summary Of Oral Arguments In Federal Cannabis Rescheduling Case


 

 

Summary Of Oral Arguments In Federal Cannabis Rescheduling Case

http://www.theweedblog.com/summary-of-oral-arguments-in-federal-cannabis-rescheduling-case/

October 17, 2012

Federal Appeals Court Hears Case On Medical Value Of Marijuana

By Jonathan Bair, Americans for Safe Access

This morning, the federal Appeals Court for the DC Circuit heard an appeal in the case called Americans for Safe Access v Drug Enforcement Administration. The case is an appeal of the DEA’s rejection of a petition filed in 2002 seeking to change the placement of marijuana as a Schedule I drug per the Controlled Substances Act. Based on the scientific evidence, ASA and our fellow plaintiffs feel that it is simply untrue that cannabis is a drug with a “high potential for abuse” and “without accepted medical use in treatment in the United States.” The hearing today offered a glimpse at the Court’s approach to this topic.

In front of a packed courtroom in Washington, the three-judge panel questioned ASA’s Chief Counsel Joe Elford and a federal lawyer about the merits of the scientific case, and the crucial legal issue of “standing.” Standing is a legal concept that restricts the right to sue to injured parties – people who are directly hurt by what they are fighting, and can get relief from a legal judgement. The issue of standing has been the reason why two prior appeals of the DEA’s classification of marijuana were rejected. In the past, patients have not been part of lawsuits against the Controlled Substances Act. The three judges were Merrick Garland, Karen Henderson, and Harry Edwards.

ASA’s Chief Counsel Joe Elford opened his appeal by arguing that the federal “Department of Health and Human Services plays a game of gotcha” by tightly controlling research access to cannabis and then claiming that there is not enough compelling research to justify reconsidering it as Schedule I. The Drug Enforcement Administration erred by determing that cannabis has a high potential for abuse when its findings determine its abuse and harm potential is less than other substances in less-controlled schedules, such as cocaine.

Elford opened his arguments with the issue of standing. He pointed to the affidavit of plaintiff Michael Krawitz, a veteran denied access to Veterans Administration services because of his medically necessary use of marijuana. The Veterans Administrastion’s harmful policy is based on marijuana’s status as a Schedule I substance. He also spoke of the many members of Americans for Safe Access, who are fearful of the consequences of cultivating their own cannabis for their medical needs, and that a medical necessity defense in court could be allowed if marijuana were not in Schedule I.

Elford then turned to the issue of the merits of the DEA’s position on marijuana’s medical value, to prove their position was “arbitrary and capricious” and therefore impermissible. The contention that there is not a complete consensus was argued to be an unreasonable interpretation of the regulatory standard, and that many of HHS’s standards are inapplicable to an organic substance. Significantly, the lack of access to marijuana for medical research is a consequence of the scheduling, yet the lack of suitable research is cited by the DEA as a reason for maintaining the schedule. Despite this lack of research access, ASA cited a growing body of high-quality scientific and medical research into the benefits of marijuana.

Judge Garland asked Elford if he was arguing that marijuana in fact meets HHS’s standard for studies. ASA’s counsel cited over 200 studies and argued that a circular standard is impossible to meet. He also said that, given that the schedule is relative, the DEA is ignoring even its own studies showing that marijuana has merely a “mild” potential for abuse.

Joe Elford concluded by arguing that Schedule I was an inappropriate classification of marijuana and it caused harm to patients and prevented meaningful medical research. Rescheduling marijuana would allow for a reasonable policy solution for suffering patients and uphold the intent of the Controlled Substances Act.

Judge Edwards asked about the standing of Mr. Krawitz, and his access to medical marijuana. The judges asked about access in medical states and noted that marijuana would not be legal just because it were rescheduled.

Federal counsel Lena Watkins then presented her position against appealing the DEA’s decision to continue cannabis in Schedule I. She noted that state legislatures or popular votes do not determine accepted medical use. She said that research is inadequate and has not progressed, and argued that the government does provide access for research. Turning to the abuse potential, Watkins said, “marijuana is the most widely abused drug in America,” and dependency is a factor in making that assessment.

The judges questioned the level of access provided for research, and Watkins said that fifteen studies of a specific federal “quality” metric have been allowed. Pressed to explain why these studies haven’t persuaded the DEA that marijuana has medical benefits, she said, “we don’t have the final results yet.” To many in the audience, the circular nature of the government’s position on the science of marijuana was clear. The judges then invited Elford to give a rebuttal.

Focusing on rebutting the government’s claims about research, Elford argued that there has been adequate study and even more since this case was filed in 2002, and noted that he would like to admit additional evidence to the case. Summarizing by turning the government’s “no substantial evidence” argument on its head, Elford said that both sides agree more research needs to be done and that research can only happen if marijuana is released from Schedule I. Requiring the DEA to make scientific determinations on a new schedule would lead to better policy and more relief for suffering patients.

The patients spoke out at a well-attended press conference after the hearing, and Americans for Safe Access is proud to have given patients a day in court. Many observers felt the judges were willing to consider the argument of Michael Krawitz’s direct harm from the Controlled Substances Act, and this issue of “standing” has been the Achilles heel of past lawsuits against Schedule I. However, Judge Garland asked at one point, “Don’t we have to defer to the agency? We’re not scientists. They are.”

We’ll find out whether the judges felt the DEA’s science is adequate, or if patients can sue for a medical necessity defense against harsh marijuana laws, when the judges rule. We don’t expect it for a few months. This opportunity is thanks to the brave plaintiffs who took on the federal government on behalf of many others.

Jonathan Bair is ASA’s Social Media Director. Recordings of any kind were not allowed in the courtroom.

Source: Americans for Safe Access

CONTINUE READING….

Medical marijuana dispensary clears final hurdle to begin selling in New Jersey


Marijuana

 

Greenleaf Compassion Center in Montclair, the state’s first approved dispensary, received a permit to sell pot Monday. Roughly 320 patients have already begun registration.

By Charlie Wells / NEW YORK DAILY NEWS
Tuesday, October 16, 2012,

It is unknown when the Greenleaf Compassion Center in Montclair will open its doors, but Health Commissioner Mary O’Dowd said she expects it to be up and running by the end of the year.

Medical marijuana can now be sold legally in New Jersey’s first-ever state-sanctioned dispensary.

Garden State regulators granted the Greenleaf Compassion Center a permit to begin selling pot Monday, ending a long political battle that forced terminally ill patients to wait years for a drug available legally in 17 other states.

"This permit marks a significant step forward in the implementation of New Jersey’s Medicinal Marijuana Program,” New Jersey Health Commissioner Mary O’Dowd said Monday, following a final state inspection of the facility in Montclair.

That facility — and the larger movement to legalize medical marijuana dispensaries — has faced a number of obstacles since then-Gov. Jon Corzine signed a medical marijuana bill into law in January 2010.

SEE ALSO: NEW JERSEY MEDICAL MARIJUANA BILL SUCH A DRAG!

The law was originally intended to go into effect that summer, but the election of Gov. Chris Christie brought delays as the Republican and state Health Department took steps to limit federal prosecution and craft a set of strict regulations.

The Greenleaf site — granted permission to start growing in April — was issued an occupancy certificate late because of issues with an air conditioner, according to reports.

Read more: http://www.nydailynews.com/news/national/dispensary-medical-pot-wins-permit-n-article-1.1185118#ixzz29ZRdQKLx