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Medical Marijuana

Press Release: NH Legislative Committee Approves Revised Medical Marijuana Bill

FOR IMMEDIATE RELEASE

JUNE 18, 2009

Committee Approves Revised Medical Marijuana Bill

Legislators Worked to Address Governor Lynch's Concerns, Eliminate Possibilities for Diversion

CONTACT: Matt Simon, NH Coalition for Common Sense Marijuana Policy, (603) 391-7450

CONCORD, NEW HAMPSHIRE — All seven legislators who were tasked with crafting a compromise on the medical marijuana bill signed off on the revised version today. A vote to approve the new language is expected June 24 in the House and Senate, after which the bill will proceed to Gov. John Lynch's desk.

     This special seven-member "committee of conference," chaired by House Health, Human Services, and Elderly Affairs Committee Chairwoman Rep. Cindy Rosenwald (D-Nashua), was formed to address eight specific concerns that were expressed by Lynch. The bill had passed both Houses in slightly different forms and was scheduled for final approval in the House when Lynch's office reportedly informed Rosenwald that the bill would be vetoed if passed in its original form.

     Since then, the bill has been rewritten to address all eight concerns. Most significantly, the new bill will not permit patients or their caregivers to cultivate their own marijuana plants, as patients are permitted to do in all 13 states that currently protect medical marijuana patients from arrest. Instead, the amended bill would allow for the creation of up to three nonprofit "compassion centers," which could legally cultivate medical marijuana and dispense it to patients.

     Rather than creating a new model from scratch, the committee of conference produced a bill similar to legislation that passed in Rhode Island Tuesday. That state's bill, which adds compassion centers to its already existing medical marijuana program, will become law now that legislators overrode Gov. Donald Carcieri's veto, 67-0 in the Rhode Island House and 35-3 in the Senate. New Hampshire’s bill is much more restrictive than Rhode Island's law, which also allows patients and their caregivers to cultivate medical marijuana.

     Advocates were confident that the amendment would remove all reasonable objections to HB 648.

     "As amended, HB 648 would create the most tightly crafted medical marijuana law in the country," said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy. "Some legislators voted against the bill initially because they felt that distribution of medical marijuana should be tightly controlled. If these legislators truly believe patients should not have to live in fear of being arrested by New Hampshire police, they should be willing to support this version of the bill."

     In the coming week, advocates will present legislators with a document – available online at www.mpp.org/states/new-hampshire/hb-648-has-been-amended-to.html – detailing the committee's changes and specifies how all eight of the governor's concerns have been addressed.

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Press Release: Rhode Island to License Medical Marijuana Dispensaries in Historic Move

FOR IMMEDIATE RELEASE   
JUNE 16, 2009

Rhode Island to License Medical Marijuana Dispensaries in Move Hailed as Historic
Legislature Overrides Veto; Rhode Island Is First State to Expand an Existing Medical Marijuana Law to Permit Dispensaries

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

PROVIDENCE, RHODE ISLAND -- In a historic first, Rhode Island legislators today made their state the first ever to expand an existing medical marijuana law to allow for state-licensed compassion centers to grow and distribute marijuana to registered patients. Legislators easily overrode the veto issued by Gov. Donald Carcieri with override votes of 68-0 in the House and 35-3 in the Senate.

     Rhode Island's medical marijuana law, like most such state laws, did not set up a formal distribution system, but simply allowed patients to grow a limited quantity of medical marijuana for their own use or designate a caregiver to grow it for them. In March, New Mexico became the first state to grant a state license to a medical marijuana producer, pursuant to legislation passed last year.

     "We are seeing a historic shift to allowing state-licensed, regulated medical marijuana production and distribution," said Karen O'Keefe, director of state policies for the Marijuana Policy Project in Washington, D.C. "Combining regulated distribution with provisions for patients to grow a limited quantity for themselves is the best way to assure safe access for patients, with solid safeguards to prevent abuse." States where medical marijuana bills that include a dispensary provision are under consideration include Delaware, Illinois, Iowa, New Hampshire, New Jersey, North Carolina and Pennsylvania, and a similar ballot initiative is now being circulated in Arizona. This November, Maine voters will vote on a ballot initiative to add dispensaries to the state's medical marijuana law.

     "During the Bush administration, the Drug Enforcement Administration raided medical marijuana patients and caregivers in California, leaving states hesitant to set up state-regulated distribution," said MPP director of government relations Aaron Houston. "Now that the Obama administration has announced a policy change, state legislators seem to feel safer adopting a sensible, regulated system of medical marijuana distribution that avoids the mistakes of California, where dispensaries sprang up with no rules. This is a historic step forward."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Rhode Island passes new medical marijuana law

Dear Friends:

Great news! Rhode Island just passed a new medical marijuana law.

In landslide votes of 68-0 and 35-3, the Rhode Island General Assembly today overrode Gov. Donald Carcieri's (R) veto of legislation to allow the licensed, regulated sale of marijuana to seriously ill patients. Rhode Island will now become only the second state (after New Mexico) to license and regulate medical marijuana dispensing.

This expands the law that MPP passed in 2006, which protects medical marijuana patients from arrest and jail. Under that law, patients were allowed to grow their own marijuana or designate a caregiver to do it for them, but many patients didn't have regular access, and some were even assaulted trying to buy marijuana in the streets. Thanks to the new law, patients will now be able to obtain medical marijuana safely and legally from three state-regulated and licensed compassion centers.

MPP gives a special thanks to the Rhode Island Patient Advocacy Coalition, an MPP grant recipient, for incredible organizing work.

If you support this work, would you please consider automatically donating $5 or more on your credit card each month to help us pass similar bills into law?

We're also making great progress in Delaware, Illinois, New Hampshire, and New York:

  • On June 3, the Delaware Senate Health Committee voted 4-0 to pass the first modern medical marijuana bill ever introduced in Delaware. The bill is based on MPP's model legislation, and MPP's Noah Mamber testified in support of the bill. This is the first year MPP has funded medical marijuana work in Delaware, and we're making rapid progress.
  • On May 27, the Illinois Senate passed a medical marijuana bill by 30-28. MPP has been lobbying and organizing in the state since 2004, and this year, we ramped up the pressure — running TV ads featuring two patients and generating more than 4,000 e-mails and 3,600 calls to legislators. After the Senate victory, a House committee swiftly approved the bill, but the legislature recessed only three days later. We have until the end of 2010 to pass the bill this session.
  • In New Hampshire, MPP has retained a top lobbying firm and grassroots organizer to pass a medical marijuana bill, and it looks like the legislature will send Gov. John Lynch (D) the legislation to sign later this month. Back in March, the House passed the bill, 234-138, and on April 29, the Senate passed an amended version, 14-10. This is the first time either chamber has approved medical marijuana legislation, and we need your help for a final push, complete with radio ads, to urge Gov. Lynch (D) to let the bill become law.
  • Our chances of passing medical marijuana legislation in New York this year got more complicated last week, when the state Senate tumbled into a major leadership battle. The Assembly has passed similar legislation twice (in 2007 and 2008), but it still needs to be voted on by the Senate, where it has already passed one committee. We've built an impressive coalition: Virtually the entire state medical community, including the state medical society, nurses' association, and hospice association, support medical marijuana access. And 76% of New Yorkers support the bill, including 55% of Conservative Party members (the state party to the right of Republicans).

This is amazing progress for just a few months. Our state lobbying efforts are costing quite a bit of money, but it's all paying off. Would you please donate today so we can continue pushing hard in these states?

Make a one-time donation to our work

Become a monthly pledger to provide us with ongoing funding for our work

Together, we're on the path to victory, but we need your help to keep going.

Thank you,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

Act Now to Protect Medical Cannabis Patients

Act Now to Protect Medical Cannabis Patients:
Tell Your U.S. Representative to Support HR 2835!


Dear ASA Supporter,

On June 11, Representative Barney Frank (D-MA) and a small bi-partisan coalition of Members of Congress re-introduced HR 2835, the Medical Marijuana Patient Protection Act. The legislation will help protect individuals who use or provide medical cannabis in accordance with their state law.

Visit www.AmericansforSafeAccess.org/PatientProtectionAct to take action now!

If passed, this important legislation would, among other things, reschedule marijuana from a Schedule I to Schedule II drug according the Controlled Substances Act and provide clearer protections for qualified patients, their caregivers, and safe-access sites authorized by state or local law. Take action now to protect patients and their providers. Although similar versions of the bill have been introduced in previous Congressional terms, the Obama Administration's willingness to change federal policy on medical marijuana has created a new political context and may facilitate passage of this important legislation.

Currently the bill has only a dozen co-sponsors, which means there is plenty of work to be done!

Visit www.AmericansforSafeAccess.org/PatientProtectionAct to send an e-mail to your Member of Congress now. It's important to urge all U.S. Representatives to support the Patient Protection Act!

Thanks you for supporting ASA and our efforts to secure safe access for medical cannabis patients. Please forward this message to friends, co-workers, and family members to encourage them to join you in this nationwide movement to protect safe access!

Sincerely,

Caren Woodson
Director of Government Affairs
Americans for Safe Access

P.S. The only way we can continue to work on legislation like the Patient Protection Act is with your continued support. Become a member of ASA today!

Medical Marijuana: UCSF School of Medicine's Continuing Medical Education

Patients Out of Time's 2008 conference is now on the UCSF School of Medicine's Continuing Medical Education for physicians and other health care professionals to view and earn their continuing education units. Link: http://www.medicalcannabis.com/OnlineEducation/ PDF: http://medicalcannabis.com/Online%20Education%20UCSF%20PRINT.pdf Image: http://medicalcannabis.com/medical-education.html Direct Link: http://www.cecity.com/ce-bin/owa/bel?cc=CECA&aid=14422

MPP Condemns Prison Sentence for Medical Marijuana Defendant Charles C. Lynch

FOR IMMEDIATE RELEASE   
JUNE 11, 2009

MPP Condemns Prison Sentence for Medical Marijuana Defendant Charles C. Lynch

Law-Abiding Medical Marijuana Collective Was Licensed by City

CONTACT: Bruce Mirken, MPP director of communications, 415-585-6404 or 202-215-4205
                   Aaron Smith, MPP California policy director, 707-575-9870

LOS ANGELES, CALIFORNIA —The Marijuana Policy Project strongly condemned today's federal sentencing of Charles C. Lynch, a California medical marijuana provider who worked scrupulously to follow state and local laws but now faces one year and one day in federal prison.

    "Years from now, Mr. Lynch may well be remembered as the last American to go to federal prison for a mistake, the final victim of an already repudiated policy well on its way to the ash heap of history, but whose mean-spirited effects still linger," said MPP executive director Rob Kampia. "This sentence is a cruel and pointless miscarriage of justice. Mr. Lynch and his attorneys say they plan to appeal, and we hope they succeed. With federal law enforcement at the Mexican border so overwhelmed that traffickers coming through with up to 500 pounds of marijuana are let go, even one more penny spent persecuting a man who is not a criminal in any rational sense of the word is an outrageous waste of resources."

    In February, U.S. Attorney General Eric Holder announced that henceforth the Drug Enforcement Administration would only conduct enforcement actions against medical marijuana defendants who were violating both state and federal law, reversing the Bush administration's policy of ignoring state medical marijuana laws.

    Lynch's medical marijuana collective was licensed by the city of Morro Bay, and officials routinely inspected the facility to monitor compliance with state and local laws. But because federal law makes no statutory allowance for medical marijuana, all evidence related to California's medical marijuana law was barred from his trial.

    With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Americans for Safe Access: June 2009 Activist Newsletter

U.S. Supreme Court Affirms California Medical Marijuana Program

High Court Refuses to Hear County Challenge to State Law


In another landmark victory for the ASA legal team, the U.S. Supreme Court has said no to an attempt by a California county to overturn the state's medical marijuana law.

The case, brought by San Diego County and joined by two others, alleged that the federal prohibition of marijuana preempts the state law that allows legal access for qualified patients. County officials were resisting the legislature's mandate to implement a identification card program for medical marijuana patients.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said ASA Chief Counsel Joe Elford, who helped argue the case. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

The San Diego Superior Court and the Fourth District Court of Appeals both rejected the argument, which was followed by the California Supreme Court's refusal to review the case in 2008. ASA filed a lawsuit in January against Solano County for its refusal to implement the state ID card program.

"This decision and our lawsuit against Solano will undoubtedly have an impact on the other 10 counties that have failed to implement the ID card program," said Elford.

Colusa, Madera, Mariposa, Modoc, Mono, San Bernardino, San Diego, Solano, Stanislaus, and Sutter counties have each been notified about their obligation to implement the ID card program.

ASA worked with the ACLU Drug Law Reform Project to litigate the San Diego case, with both organizations on the side of the California Attorney General defending the state's medical marijuana law. The County of San Bernardino joined San Diego County in its original lawsuit and the subsequent appeals.

The ID card program was established in 2004 with the legislature's passage of SB 420, the Medical Marijuana Program Act. The ID cards are intended to assist law enforcement identify qualified patients and protect those patients from wrongful arrest.

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ASA Defends Marijuana Seizure Ruling on Appeal

California Court Considers Law Enforcement Limits

The right of California patients to both organize collectives to grow medical marijuana and be protected from unreasonable search and seizure was defended by ASA last month before a state appeals court. Butte county officials are trying to overturn a lower court's decision that had removed restrictions the county had imposed on patient collectives.

"We're cautiously optimistic about the outcome," said ASA Chief Counsel Joe Elford, who argued the case. "The panel asked tough questions of the county and clearly understands that this is an important and interesting case for defining the limits and obligations of state medical marijuana law."

The case, Williams v. Butte County, involves a collective of seven patients who had pooled their labor and resources to maintain a 41-plant garden. But county policy required every member of the collective to live on the property or physically till the soil, a restriction not found in California law. So when the sheriff's department entered the property without a warrant and ordered the owner to tear down all but six plants for himself and six plants for his wife -- which he did under threat of arrest - ASA sued the county and won.

Butte officials are appealing the trial court's ruling that the Butte County policy is preempted by state law and that a patient may file a claim for unreasonable search and seizure in such a circumstance. The county is being supported before the Court of Appeal for the Third District by the California Peace Officers' Association, California Police Chiefs' Association, and California Sheriffs' Association, organizations that have filed amicus briefs arguing against patient rights in several ASA cases.

In addition to the question of whether county's can impose onerous restrictions on how collectives may operate, the court was concerned with when and how law enforcement may seize medicine.

The county argued that there is no restriction on seizures of marijuana by state officials, since it remains illegal under federal law. One of the justices commented that this would seemed to violate the spirit of Proposition 215 and asked whether the electorate would be "mystified" by a decision that would allow law enforcement to seize marijuana from patients without any restriction.

ASA argued that the California Supreme Court's opinion in People v. Mower that "probable cause depends on all of the circumstances, including one's status as a qualified medical marijuana patient" means that law enforcement must have probable cause to seize medicine from qualified patients.

Elford told the court that in this case there was neither probable cause nor a search warrant, and without any exigent circumstance to justify a warrantless seizure - the officer knew that Williams wanted to keep the marijuana and was not going to destroy it on his own -- there is no excuse for failing to get a warrant.

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ASA Chapter Profile: Honolulu, Hawaii

Since it was formed last September, ASA's Honolulu, Hawaii chapter has been growing steadily and gaining ground in the fight for medical cannabis patients rights. Honolulu ASA is the only advocacy group on the island which works exclusively for medical cannabis issues. In the past few months, Honolulu ASA has formed alliances with other advocacy groups on Oahu such as the Drug Policy Forum of Hawaii and the West Oahu Hope For A Cure.

Last month, the chapter gained a seat on Hawaii's statewide Medical Cannabis Task Force, which was established by the legislature on April 29th to look into the Hawaii program and make recommendations early next year. The director of the Honolulu chapter of ASA will represent ASA members throughout the state in the upcoming deliberations to make Hawaii's program a viable system, including the possible creation of a distribution system.

This is the first time that an ASA local chapter will have a seat on a statewide task force. This bill is now being sent over to the governor for her approval.

The Honolulu chapter has been growing rapidly, with membership recently reaching 100 members, thanks in part to a new partnership with a local physician. ASA Honolulu's goal is to eventually have every medical cannabis patient on the island of Oahu as an ASA member.

ASA Honolulu has established a relationship with Dr. Jimenez to have a presence in his Hawaii office as he is seeing new and re-certifying patients during his monthly visits to the island. This allows ASA an opportunity to introduce the organization to qualified patients and get them signed up as new members.

Dr Jimenez is also an ASA member and a member of the local chapter and has been added as the Medical Advisor to the chapter to assist in work on the Medical Cannabis Task Force. Dr. Jimenez is one of the primary medical cannabis recommendation physicians in Hawaii and California with approximately 11,000 current recommendations written.

This month, the Honolulu chapter will begin holding approximately 20 different "Cannabis Classes" to teach patients valuable tips and techniques for choosing, growing, cloning, harvesting, curing, and using their medication. They are also working out the details for weekend "Cannabis Camps" to be held at various beach parks on Oahu each year. These Cannabis Camps will offer ASA members additional opportunities for classes, fellowship with other patients, and entertainment while camping at a beautiful Hawaii beach. Members from other chapters are invited to attend these Cannabis Camps as an opportunity to further relationships between the chapters.

For more information about the Honolulu ASA chapter and the work that we have been doing in Hawaii, visit our chapter website at www.HonoluluASA.org or contact us by email at [email protected] or by phone at (808) 840-0229 or (808) 352-5815.

Press Release: House Appropriations Committee Seeks Clarification on Medical Marijuana Policy

FOR IMMEDIATE RELEASE   
JUNE 9, 2009   

House Appropriations Committee Seeks Clarification on Medical Marijuana Policy
Amendment Seeks Explanation in Light of Attorney General Holder's Recent Statements

CONTACT: Bruce Mirken, MPP director of communications ............... 202-215-4205 or 415-585-6404

WASHINGTON, D.C. -- In light of recent statements by Attorney General Eric Holder indicating that the Obama administration would not pursue prosecutions of individuals involved in medical marijuana activities sanctioned by state law, the House Appropriations Committee has added language seeking clarification of the new policy to the Commerce-Justice-Science appropriations bill.

     The language, sponsored by Rep. Maurice Hinchey (D-N.Y.), states, "There have been conflicting public reports about the Department's enforcement of medical marijuana policies. Within 60 days of enactment, the Department shall provide to the Committee clarification of the Department's policy regarding enforcement of federal laws and use of federal resources against individuals involved in medical marijuana activities."

     In past years, Hinchey and Rep. Dana Rohrabacher (R-Calif.) have sponsored an amendment aimed at ending Drug Enforcement Administration raids on state-legal medical marijuana patients and providers. But in recent months, Attorney General Eric Holder has disavowed any intent to pursue such attacks. Last week, Holder told KOB-TV in Albuquerque, "For those organizations that are doing so sanctioned by state law and do it in a way that is consistent with state law, and given the limited resources that we have, that will not be an emphasis for this administration. ... Medicinal marijuana ... that is something for the states to decide."

     "We are glad to see the federal government finally moving toward sanity on medical marijuana," said Marijuana Policy Project director of government relations Aaron Houston. "No one battling serious illness and following their state's laws should live in fear of our federal government, and we look forward to clear assurances that suffering patients will be left alone."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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ASA Sponsored Resolution Calls for Federal Change


Dear ASA Supporter,

California Senator Mark Leno (D-SF) introduced Senate Joint Resolution (SJR) 14 yesterday. This ASA-sponsored resolution calls on the President and US Congress to end medical cannabis raids in California and to "create a comprehensive federal medical marijuana policy that ensures safe and legal access to any patient that would benefit from it." If adopted, SJR 14 will be the first time a state legislature has officially called for a change in federal medical cannabis policies.

Please help ASA get SJR 14 adopted by making a special contribution of $100 today.

The President and US Attorney General Eric Holder have talked about a new federal policy concerning medical cannabis, but there is still a lot of work to do in defining what that policy will be. SJR 14 supports ASA's National Policy Agenda and is part of our strategic campaign to shape a more reasonable and compassionate federal policy - one that ensures safe and legal access for all patients nationwide.

The resolution calls on the President and the US Congress to (1) end federal raids, intimidation, and interference with state medical cannabis laws; (2) adopt policies and laws to encourage advanced clinical research trials into the therapeutic use of cannabis; (3) provide for an affirmative defense to medical cannabis charges in federal court; and (4) to create comprehensive federal medical cannabis policy that ensures safe and legal access for patients.

SJR 14 is an opportunity for the California legislature to influence the development of the new federal policy, defend the state's right to choose and regulate medical cannabis, and to defend the compassionate will of the voters. But, we only have a short time to get this resolution through committees and floor votes in the State Senate and Assembly.

Please support ASA by donating today so that we can get SJR 14 adopted right away!

Thank you for your help,

Rebecca Saltzman
Chief of Staff
Americans for Safe Access

P.S. For more information on SJR 14, visit www.AmericansForSafeAccess.org/SJR14

Press Release: After Making History in Senate, Medical Marijuana Bill Poised for House Floor Vote Later This Year

FOR IMMEDIATE RELEASE   
JUNE 1, 2009   

After Making History in Senate, Medical Marijuana Bill Poised for House Floor Vote Later This Year

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

SPRINGFIELD, ILLINOIS -- Although the clock ran out before it could be acted on by the Illinois House of Representatives this weekend, medical marijuana legislation is now well positioned for a House floor vote, possibly before the end of the year, advocates said today.

     Within 48 hours of passing the Senate 30-28, the Compassionate Use of Medical Cannabis Pilot Program Act had already soared through the House Human Services Committee and was ready for its final reading and vote on the House floor. Tax legislation, however, occupied all of the House's time in the session's final hours.

     "This bill gained more and more momentum at every stage of the legislative process, and I think the pace at which it moved is testament to the support it enjoys," said Rep. Lou Lang (D-Skokie), deputy majority leader and chief House sponsor of SB 1381. "Although today's top priority was the tax bill, I think the time has come for Illinois to enact a medical marijuana law. We just need to shore up a few votes before calling this bill to the floor."

     The measure could be brought to the House floor for a vote during the November veto session or when the General Assembly reconvenes in January 2010 for the second half of the current session.

     "Of course I'm disappointed," said Jamie Clayton of Grafton, an AIDS patient who participated in a groundbreaking FDA-approved study proving medical marijuana's efficacy in treating pain caused by nerve damage. "But the fact remains that we made it further than ever before. Hundreds of patients like myself came forward this year to plead with our legislators to enact this law, and we will not give up, ever. As someone who volunteered for a clinical study that proved the benefits of medical marijuana, I've felt the relief it can provide first-hand and learned how it can allow me to cut back on some of the prescription narcotics I have to take. A lot of people need this law, and we're not going away."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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