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Medical Marijuana

Press Release: NJ Moves One Step Closer to Allowing Medical Marijuana

[Courtesy of Drug Policy Alliance] FOR IMMEDIATE RELEASE: Monday, December 15, 2008 NJ Moves One Step Closer to Becoming the Fourteenth State to Allow Access to Medical Marijuana Bill Voted Out of Senate Health, Human Services and Senior Citizens, Heads to Full Senate Vote Next Patients, Doctors and Advocates Applaud Compassionate Use Legislation Trenton, NJ — New Jersey moved one step closer today to becoming the fourteenth state in the nation that allows access to medical marijuana. The Senate Health, Human Services and Senior Citizens Committee held a hearing today on Senate Bill 119 and voted the bill out of committee with six affirmative votes, one negative, and two abstentions. Senate Bill 119 would allow patients suffering from certain debilitating and life-threatening illnesses such as cancer, HIV/AIDS, glaucoma and multiple sclerosis to use and possess medical marijuana with a doctor's recommendation. The bill would also allow for the licensing of centers where qualifying patients could safely access medical marijuana. The program would be administered by the New Jersey Department of Health and Senior Services. Patients, doctors, and advocates applauded the committee's action on Senate Bill 119. The bill now moves to the full senate for a vote. "We want to thank the senators on the committee for voting for the New Jersey Compassionate Use Medical Marijuana Act," said Roseanne Scotti, director of Drug Policy Alliance New Jersey. "The bottom line is about compassion. If you or someone you love is seriously ill and none of the available medications relieved the suffering, wouldn't you want access to medical marijuana if a doctor recommended it? New Jerseyans overwhelmingly support this legislation and we are grateful to the committee for hearing their voices." Senate Bill 119 is sponsored by Senators Nicholas P. Scutari (D-Middlesex, Somerset, Union), Jim Whelan (D-Atlantic), Sandra B. Cunningham (D-Hudson), Raymond J. Lesniak (D-Union), Brian P. Stack (D-Hudson), Stephen M. Sweeney (D-Salem, Cumberland, Gloucester), Loretta Weinberg (D-Bergen), and Joseph F. Vitale (D-Middlesex). Senator Scutari, prime sponsor of the legislation, testified before his colleagues on the health committee. Dr. Denis Petro, internationally known expert on medical marijuana, who testified regarding the scientific support for medical marijuana, praised the committee for voting in support of the legislation. "I am pleased to see the support of the committee for Senate Bill 119," said Petro, a board-certified neurologist in Pennsylvania with more than 25 years experience in neurology, clinical pharmacology and marijuana research. "With passage of the legislation, patients with serious and life-threatening disorders can be offered a safe and effective alternative when conventional therapy is inadequate. The bill represents a positive step toward a rational policy regarding medical marijuana". Thirteen states now have laws allowing seriously ill patients access to medical marijuana—Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington State. The New Jersey Academy of Family Physicians, the New Jersey League for Nursing, the New Jersey chapters of the Leukemia and Lymphoma Society, and the New Jersey Hospice and Palliative Care Organization all submitted testimony today at the hearing in support of Senate Bill 119. "I am thrilled that today members of the Senate Health Committee supported the common sense and compassionate response to suffering.'' said Nora Bertocci, a registered nurse and chair of the New Jersey Hospice and Palliative Care Organization, which works with sick and dying patients on a daily basis. "Medical marijuana is used very successfully in other states and in other countries. We should not be asking 'why should we legalize marijuana for medicinal purposes?' but rather 'why shouldn't we?' '' Scott Ward, a 24-year-old diagnosed with multiple sclerosis in November 2006 while training for the Marine Corps Marathon, tried every legally prescribed medicine his doctors suggested while searching for relief from his symptoms, before he decided to try medical marijuana which has drastically improved his quality of life. Ward was excited by the committee's action and hopeful that the legislation would continue to progress to passage. "To say that I am happy and grateful that the majority of the Senate Health Committee voted in favor of S119 would be an understatement. I came here today to fight for the basic right to live a pain-free life; to be able to get out of bed in the morning not feeling terrible. To use marijuana, my medicine, which works for me," said Ward. "The Senate Health Committee's vote is incredibly encouraging and I urge the rest of the legislature to follow their lead quickly so that other New Jerseyans suffering like myself may find some relief." # # #

Americans for Safe Access: December 2008 Activist Newsletter

ASA Sues Calif. DMV for Discriminating Against Patients

Medical Marijuana Patient with Clean Driving Record Has License Revoked

The loss of a medical marijuana patient's drivers' license has resulted in a lawsuit against California's Department of Motor Vehicles (DMV). Americans for Safe Access filed the suit in Merced on behalf of Rose Johnson, a 53-year-old patient from Atwater, who had her license renewal denied in July solely because of her status as a medical marijuana patient. Despite a clean driving record and 37 years without an accident, Ms. Johnson was denied a license after DMV obtained her medical records, which revealed that her doctor had recommended cannabis as a treatment.

ASA Chief Counsel Joe Elford ASA Chief Counsel Joe Elford

According to the DMV, Ms. Johnson's license was revoked "because of...[an] addiction to, or habitual use of, [a] drug," which they claim renders her unable to safely operate a motor vehicle. DMV provided no evidence in support of the decision.

"The DMV cannot simply disregard California's medical marijuana law," said ASA Chief Counsel Joe Elford, who is representing Ms. Johnson. "When the voters of California enacted the Compassionate Use Act, they never intended to authorize the DMV to strip medical marijuana patients of their drivers' licenses. The DMV should not be in the business of revoking the licenses of drivers like Ms. Johnson simply because she is a medical marijuana patient."

ASA has received widespread reports of the California DMV suspending or revoking the licenses of medical marijuana patients in at least eight counties -- Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma. DMV has stripped medical marijuana patients of their drivers' licenses by classifying them as habitual "drug abusers," despite California's legal protections for patients.

In 2007, Ms. Johnson's home county of Merced instituted a policy that instructs Sheriff Deputies to respect state law and not cite medical marijuana patients or seize their medicine.

"The DMV is not under a different set of requirements than local police in California," said Elford. "The failure to uphold California's medical marijuana law is entirely inappropriate for any local or state agency."

The lawsuit, part of a campaign by ASA to fully implement California's medical marijuana laws, is expected to be heard in Merced Superior Court in the next few months.

For more on ASA's court filing, see ASA's website.

 

 

 

New Administration a Chance for Change on Medical Marijuana

President-elect Promised New Federal Policy on State Programs

Americans for Safe Access, along with medical marijuana patients across the country, is celebrating the historic election of President-elect Barack Obama. His election has provided a sense of relief for individuals who use or provide cannabis in accordance with their state laws. Like all of his Democratic primary rivals, President-elect Obama repeatedly pledged to end federal raids against the individuals and collectives authorized by state law to use or provide medical cannabis. ASA's government affairs team in Washington, DC is working hard to ensure the President-elect honors his campaign promise to end federal interference with state medical marijuana programs.

Campaign pledges have been broken before. George W. Bush campaigned saying medical marijuana should be left to the states to decide. Yet the Bush Administration has only increased federal interference with state medical marijuana programs. It has dramatically increased paramilitary-style raids against patient collectives in California that are operating in compliance with state law and local regulation. In just the past few years, the federal government has brought charges against more than 100 individuals authorized by their state law to use or provide medical cannabis.

But it is not just patients the Bush Administration has targeted. They have also been waging a campaign of intimidation against property owners. Scores of landlords throughout California have received letters from the Department of Justice, in conjunction with the Drug Enforcement Administration, that threaten asset forfeiture and federal prosecution if they continue to lease to medical cannabis collectives.

Caren Woodson, Director of Governmental Affairs Caren Woodson, Director of Governmental Affairs

In his victory speech, President-elect Obama told us that "victory alone is not the change we seek; it is only the chance for us to make that change." The transition to a new Presidential administration and a new Congress offers unique opportunities for implementing a more compassionate approach to medical marijuana. ASA's Government Affairs Office is working on Capitol Hill to advance ASA's National Policy Agenda. ASA is calling for a comprehensive federal policy that provides safe access to cannabis for individuals fighting HIV/AIDS, cancer, Multiple Sclerosis, and other serious diseases.

 

ASA's Capitol staff will be working overtime, along with much of Washington, D.C., as the new Administration takes over. But they are counting on change coming from the grassroots, too.

"We're counting on our members to support our efforts and reinforce our work in their communities," said Caren Woodson, ASA's Director of Governmental Affairs, who is leading the effort. "The opportunity for real change is here."

To help guide policy decisions in the new Administration and Congress, ASA has assembled a set of comprehensive recommendations. You can see them on ASA's website.

ASA has made its recommendations to President-elect Obama; you can share your own on his website, www.change.gov.

ASA Chapter Profile: Maryland

ASA chapters and affiliates are making tremendous strides to educate the public and to improve medical cannabis laws across the country. Some of the most exciting growth of ASA chapters and leaders is taking place in Maryland, right outside our nation's Capitol. Under the direction of Tony Bowles (Montgomery Co.), Jay Hartman (Prince George's Co.), and Tom Adkins (Eastern Shore), Maryland now has three active ASA chapters organizing citizens to fix the state's flawed medical cannabis law.

ASA Maryland's festival booth ASA Maryland's festival booth

Although Maryland passed a medical cannabis law in 2003, the state still criminalizes individuals who use or obtain cannabis as recommended by a licensed physician. Every year, Maryland wastes precious law enforcement resources arresting and prosecuting scores of individuals who legitimately use medical cannabis to control symptoms of a serious or chronic illness.

The core leadership of Maryland's three chapters meets regularly in person and by phone to plan projects and coordinate activities. The three chapters work together on all projects, sharing in the effort, and giving each chapter action more impact.

Since 2007, ASA chapters in MD have hosted numerous meetings, provided trainings and teach-ins across the state, organized art parties, and created a public presence by attending street festivals in Bethesda, Wheaton, Fell's Point, and outside the M&T Bank Stadium during the Baltimore Ravens' home games - all to spread awareness about medical cannabis and recruit new members.

All three chapters are focused on building their membership base. They regularly send volunteers out to communities throughout the state to canvass and petition, meeting hundreds of medical cannabis patients and supporters who are ready for change.

The chapters worked with the Drug Policy Alliance to promote the Maryland Patients for Access campaign, designed to build grassroots support and identify potential leadership for upcoming reform efforts. In addition to public awareness sessions, the ASA chapters host spokesperson and media trainings, making Marylanders better informed about the challenges that patients face and helping patients navigate law enforcement encounters.

The chapters are educating both state and federal lawmakers by getting everyday citizens to stand up for medical cannabis. They are recruiting constituents for meetings with state legislators, providing them with information, prepping them for the meeting, and organizing carpools to get there.

The Maryland ASA chapters are successful examples of how activists can work together to start new chapters in their region, build strong lists by gathering contacts and letting the public know they exist, and coordinate campaigns with each other and ASA's national offices.

For more information on Maryland ASA, contact Tony Bowles [email protected] or Jay Hartman [email protected].

OH_MMJ_NEWS: Ohio Patient Network News - November 2008

1) Ohio Medical Marijuana Hearing 2) Annual Meeting & Board Election 3) Write a letter to your State Representative Supporting Medical Marijuana 4) Ohio Medical Compassion Act Summary 5) Ohio Medical Marijuana Posters & Road Signs 6) Support Ohio Medical Marijuana Patients 7) Letter to the editor from OPN/OPAN President 8) Help Wanted Webmaster =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- 1) Ohio Medical Marijuana Hearing Report - November 19, 2008 On 11/19/08 the Ohio Medical Compassion Act SB343 was heard in the Ohio State Senate Judicary Committee. Ohio Patient's arranged for Doctor Richard Wyderski MD (Dayton,Ohio) and Mary Lynn Mathre RN from the Patients out of time to provide expert testimony in support of SB 343. The reaction of the panel was encouraging, very encouraging. Doctor Wyderski gave surprisingly good testimony and was able to connect with the panel. Mary Lynn Mathre answered some very interesting questions from the panel about the Federal Government supplying marijuana and even an unrelated hemp question which chairman Grendell weighed in on with his own knowledge of hemp from his days in the Navy. Please see the TV news story on the following link with Senator Tom Roberts and Tonya Davis. Davis was a key person in getting State Senator Tom Roberts to introduce SB343.. http://www.nbc4i.com/midwest/cmh/news.apx.-content-articles-CMH-2008-11-19-0019.html On the radio dial Ohio's WCRN 90.3FM, Columbus's NPR affiliate, Bill Cohen reported with a surprising clip of Law and Order Republican Senator Seitz supporting the bill. http://www.wcpn.org/index.php/WCPN/news/15365/ Also the Legislative Gongwer Report November 19, 2008 on the Medical Marijuana Hearing had the following report. === Sen. Roberts said in sponsor testimony the "Ohio Medical Compassion Act" would allow for the medicinal use of cannabis by qualified patients through a regulated system. He said research has discovered beneficial uses for marijuana in treating pain, nausea, and other symptoms associated with a variety of debilitating conditions. The bill provides for issuing registry identification cards to qualified patients. Those with cards would not be subject to arrest or prosecution in any manner for medical use of marijuana. "Law enforcement will be required to verify whether a person is a registered patient before any arrest, raid or other action is initiated," he said. Sen. Roberts said the legislation is critical because of a lack of alternatives that are available to patients. "They should not be forced to choose between living a normal life and living in pain," he said. Sen. Seitz said he was concerned that Ohio patients still could be prosecuted under federal marijuana laws. Sen. Roberts said federal intervention over medical marijuana has occurred only in California, and that was because the state law allowed storefront purchases. Richard Wyderski, MD, said marijuana has been used for centuries as a medicinal plant. "For decades the medicinal use of marijuana has been politically demonized as a substance without benefit that confers significant harm despite a growing body of scientific evidence to the contrary," he said. Dr. Wyderski said the bill would allow patients to grow their own plants, preventing them from buying marijuana that may contain dangerous addictive substances. "(The) scientific evidence is strongly in favor of the medicinal use of marijuana and such use has been endorsed by a number of professional medical organizations," he said. Mary Lynn Mathre, a registered nurse who co-founded a non-profit that supports use of medical marijuana, said 14 states already have such laws. The latest was enacted in the Nov. 4 election with 63% approval of an initiative in Michigan. Ms. Mathre said that while cannabis is not a cure all, there is no doubt about its efficacy as medicine. "The Ohio Medical Compassion Act will be a first step in helping patients gain much needed relief from suffering by allowing them legal access to a remarkably safe medicine and opening up the dialogue and ongoing medical evaluation with their primary care provider," she said. The news stories above are all very encouraging, now we need you to follow up and contact your state representative and let them know to support medical marijuana here in Ohio. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=- 2) Annual Meeting & Board Election Every year the Ohio Patient Network organizations, OPN & OPAN holds their annual meeting in the fall. This years meeting was held on Saturday, November 15th 2008 in Columbus. At the Annual Meeting the Senate judicial hearing was discussed,plans for more public support and the election of officers for 2008-2009. Please see the article for more information on the hearing and the above article on posters and signs that you can download and make your area more aware of medical marijuana here in Ohio. The newly elected board members for OPN, the 501-C3 arm of Ohio Patients, are John Precup (Vice President), James Cowen (Treasurer), and Dawn Dunlap (Secretary). The newly elected board members for OPAN, the 501-C4 arm of Ohio Patients are Jayson Jones (Vice President), Eleanor Ahrens (Treasurer), Cher Neufer (Secretary), and Dennis Day (Legal Advisor). Robert Ryan was elected to President of both organizations. Please support OPN and these volunteers in making medical marijuana a reality here in Ohio. Contact us via 888-647-2843 or [email protected] if you want to get involved.

Medical Marijuana Comedy Show ExtravaGANJA

It’s another Medical Marijuana Comedy Show ExtravaGANJA !! Global Comedy Superstar Russell Peters will be headlining this event. LOS ANGELES, CA – Remember this date!! Sunday, December 14, 2008. You really want to be in the Main Room at the world famous Comedy Store in Hollywood, 8433 Sunset Blvd., 90069. No kidding! This show, to benefit Marijuana Policy Project (mpp.org) and Americans for Safe Access (safeaccessnow.org), will feature the comedic talents of Russell Peters (RussellPeters.com), Jason Rouse (JasonRouse.com) and some very special guests. Opening the show is Mark ‘BigToeRocks.com’ Goffeney. Don’t miss this Emmy nominated, unique and wonderful talent. Show time is 9:00 pm. Doors open at 8:30 pm. Tickets are only $20 w/ a $5 discount for members of compassion clubs, MPP.org, SafeAccessNow.org (Americans for Safe Access) & CannabisSavesLives.com (Patient Advocacy Network). Tickets are available at your local compassion club, through MPP, ASA and CSL, at Mike’s Smoke Shop & Hookah Lounge (6624 Hollywood Blvd., L.A.) or at the door. This is a 21+ event with a 2 drink minimum. GreenTherapy's aim is to raise awareness of the benefits of medical marijuana and to help bring patients some relief by giving them a laugh or two through comedy show ExtravaGANJA's. Learn more at HowardDover.com MPP and MPP Foundation believe that the greatest harm associated with marijuana is imprisonment. Therefore, MPP and MPP Foundation are working to change U.S. policies to remove criminal penalties for marijuana use, with a particular emphasis on making marijuana medically available to seriously ill people who have the approval of their physicians. Americans for Safe Access is the nation’s largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. "Marijuana, in its natural form, is one of the safest therapeutically active substances known. It would be unreasonable, arbitrary, and capricious for the DEA to continue to stand between those sufferers and the benefits of the substance." -- Francis L. Young, DEA Chief Administrative Law Judge, 1988 Here’s what you missed at a recent ExtravaGANJA… http://youtube.com/watch?v=LeBPXMnFFpQ Learn a little about Eddy Lepp and his situation as he’s interviewed by Howard Dover. http://www.youtube.com/watch?v=1-bD9B5XabM

State Medical Cannabis Laws are Final! Return of Legal Cannabis Not Pre-empted by Federal Law

Dear ASA Supporter,

The U.S. Supreme Court refused to review a landmark decision yesterday in which California state courts found that its medical cannabis law is not preempted by federal law. The Supreme Court’s decision in Garden Grove v. Superior Court means that federal law does not prevent state and local governments from implementing medical cannabis laws adopted by voters or state legislatures. In short: federal law does not override state law on medical cannabis!

Yesterday’s decision follows three years of strategic legal work by Americans for Safe Access (ASA) in a California case involving the return of wrongfully confiscated medicine. ASA needs your help to keep doing important work like this. Please take a moment to make a special contribution to ASA today.

The Court’s decision has broad implications for medical cannabis patients in the 13 states where medical cannabis is legal, and signals a sea change in the impasse between state and federal laws. Better adherence to state medical cannabis laws by local police will result in fewer needless arrests and other problems for patients, allowing for better implementation of medical cannabis laws in all states that have adopted them.

Medical cannabis advocates should be encouraged by opportunities for change in federal policy with a new Presidential Administration and shift in Congress. But until now, federal pre-emption has haunted patients whose state laws allow for medical cannabis use. This decision further clears the way for state implementation and adds new urgency to ASA’s work in the nation’s capitol, where we have been working full-time to change federal policy since 2006.

ASA is working in the courts and in the halls of Congress to protect and expand patients’ rights – and we are making a difference. We have won important victories in court, made significant inroads in Congress, and helped reframe the national debate about medical cannabis. But we need your help to carry on. Please make a contribution to support ASA today.

Thank you,


Steph Sherer
Executive Director
Americans for Safe Access

 

P.S. Read more about the Supreme Court decision at www.AmericansForSafeAccess.org/USSCKha.

Watch MPP debate ONDCP in D.C. Wednesday evening

Dear friends:

The Georgetown chapter of Students for Sensible Drug Policy is hosting a debate between MPP assistant director of communications Dan Bernath and White House Office of National Drug Control Policy chief counsel Ed Jurith at 6:30 p.m. on Wednesday, December 3. The debate will take place at The Georgetown University Law Center in McDonough Hall. The topic of the debate will be medical marijuana.

Attendance is free and open to the public. Attendees must bring a valid photo ID. After the debate, there will be a question and answer session with the audience.

WHAT: Medical marijuana debate between MPP assistant director of communications Dan Bernath and ONDCP chief counsel Ed Jurith
WHEN: 6:30 pm on December 3, 2008
WHERE: The Georgetown University Law Center in McDonough Hall (600 New Jersey Ave NW), room 203

In 1998, 69% of Washington, D.C., voters supported an initiative to allow sick and dying patients to use medical marijuana. However, Congress has prevented the law from being implemented, so seriously ill District residents are still subject to arrest and prosecution for using medical marijuana. If you live in the District, please take a moment now to urge your councilmembers to pass a resolution calling on Congress to respect the will of D.C. voters and allow the medical marijuana law to take effect.

Thank you for supporting MPP. I hope you will be able to attend the debate on Wednesday evening.

Sincerely,

Zane Hurst
Legislative Analyst
Marijuana Policy Project

Press Release: U.S. Supreme Court -- State Medical Marijuana Laws Not Preempted by Federal Law

PRESS RELEASE Americans for Safe Access For Immediate Release: December 1, 2008 U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law / Medical marijuana case appealed by the City of Garden Grove was denied review today Washington, DC -- The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from November 28, 2007, ruled that "it is not the job of the local police to enforce the federal drug laws." The case, involving Felix Kha, a medical marijuana patient from Garden Grove, was the result of a wrongful seizure of medical marijuana by local police in June 2005. Medical marijuana advocates hailed today's decision as a huge victory in clarifying law enforcement's obligation to uphold state law. Advocates assert that better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. In turn, this will allow for better implementation of medical marijuana laws not only in California, but in all states that have adopted such laws. "It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court. "Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state." California medical marijuana patient Felix Kha was pulled over by the Garden Grove Police Department and cited for possession of marijuana, despite Kha showing the officers proper documentation. The charge against Kha was subsequently dismissed, with the Superior Court of Orange County issuing an order to return Kha's wrongfully seized 8 grams of medical marijuana. The police, backed by the City of Garden Grove, refused to return Kha's medicine and the city appealed. Before the 41-page decision was issued a year ago by California's Fourth District Court of Appeal, the California Attorney General filed a "friend of the court" brief on behalf of Kha's right to possess his medicine. The California Supreme Court then denied review in March. "The source of local law enforcement's resistance to upholding state law is an outdated, harmful federal policy with regard to medical marijuana," said ASA spokesperson Kris Hermes. "This should send a message to the federal government that it's time to establish a compassionate policy more consistent with the 13 states that have adopted medical marijuana laws." Further information: Today's U.S. Supreme Court Order denying review: http://AmericansForSafeAccess.org/downloads/Kha_USSC.pdf Decision by the California Fourth Appellate District Court: http://AmericansForSafeAccess.org/downloads/GardenGroveDecision.pdf Felix Kha's return of property case: http://AmericansForSafeAccess.org/article.php?id=4412 # # #

Press Release: California Supreme Court Strikes Down "Caregiver" Defense for 215 Growers - People V. Mentch

Cal NORML Release - Nov. 24, 2008 Cal Supreme Court Rules Prop 215 Caregivers Must Do More Than Just Supply Marijuana In a blow to medical marijuana providers, the California Supreme Court ruled that defendants are not entitled to a defense as Prop 215 caregivers if their primary role is only to supply marijuana to patients. The court unanimously overruled an appellate court decision in the case People v Roger Mentch", writing: "We hold that a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, cannot qualify as a primary caregiver under the Act and was not entitled to an instruction on the primary caregiver affirmative defense. We further conclude that nothing in the Legislature's subsequent 2003 Medical Marijuana Program (Health & Saf. Code, § 11362.7 et seq.) alters this conclusion or offers any additional defense on this record." Full text of the decision may be found at http://www.courtinfo.ca.gov/opinions/documents/S148204.PDF Prop 215 defines primary caregiver to be the "individual designated by the [patient]... who has consistently assumed responsibility for the housing, health, or safety of that person." According to the Court, these words " imply a caretaking relationship directed at the core survival needs of a seriously ill patient, not just one single pharmaceutical need." The Court concluded, " a defendant asserting primary caregiver status must prove at a minimum that he or she (1) consistently provided caregiving, (2) independent of any assistance in taking medical marijuana, (3) at or before the time he or she assumed responsibility for assisting with medical marijuana." The Court's ruling effectively limits the caregiver defense to relatives, personal friends and attendants, nurses, etc. In particular, it excludes its use by medical marijuana "buyers' clubs," retail dispensaries and delivery services. The remaining legal defense for medical marijuana providers is to organize as patient cooperatives and collectives, which are legal under SB 420. "The Mentch decision highlights the inadequacy of California's current medical marijuana supply system," said Cal NORML coordinator Dale Gieringer. "The law needs to allow for professional licensed growers , as with other medicinal herbs." - D. Gieringer Cal NORML -- Dale Gieringer - [email protected] California NORML, 2215-R Market St. #278, San Francisco CA 94114 -(415) 563- 5858 - www.canorml.org

Press Release: Medical Marijuana Lawsuit Filed Against Department of Motor Vehicles

For Immediate Release: November 19, 2008 Medical marijuana lawsuit filed against Department of Motor Vehicles Americans for Safe Access fights baseless revocation of patient's driver's license Merced, CA -- A lawsuit was filed today by medical marijuana advocacy organization Americans for Safe Access (ASA) against the California Department of Motor Vehicles (DMV) on behalf of Rose Johnson, a 53-year-old patient from Atwater. Despite Ms. Johnson's clean driving record, not having caused an accident in 37 years of driving, the DMV revoked her license on July 26, 2008 because of her status as a medical marijuana patient. The DMV refused to renew Ms. Johnson's license only after obtaining her medical records and finding out that she was a qualified medical marijuana patient. According to the DMV, Ms. Johnson's license was revoked "because of...[an] addiction to, or habitual use of, [a] drug," thereby rendering her unable to safely operate a motor vehicle, even though no evidence existed to substantiate this claim. "The DMV cannot simply disregard California's medical marijuana law," said ASA Chief Counsel Joe Elford, who is representing Ms. Johnson in her claim against the DMV. "When the voters of California enacted the Compassionate Use Act, they never intended to authorize the DMV to strip medical marijuana patients of their drivers' licenses," continued Elford. "The DMV should not be in the business of revoking the licenses of drivers like Ms. Johnson simply because she is a medical marijuana patient." Advocates assert that the DMV policy of suspending and revoking the licenses of medical marijuana patients is widespread, occurring in at at least 8 California counties, including Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma. License revocations by the DMV, which have been based on a person's status as a medical marijuana patient, are often rationalized by calling the drivers "drug abusers" despite no evidence of the claim. In 2007, Merced -- the county in which Ms. Johnson lives -- implemented a police policy that instructed its Sheriff deputies to respect state law and not to cite medical marijuana patients or seize their medicine. "The DMV is not under a different set of requirements than local police in California," said Elford. "The failure to uphold California's medical marijuana law is entirely inappropriate for any local or state agency." The lawsuit filed today by ASA is expected to be heard in Merced Superior Court in the next few months. The lawsuit against the DMV is part of a campaign by ASA to fully implement California's medical marijuana laws. Further information: ASA's lawsuit against the DMV: http://AmericansForSafeAccess.org/downloads/DMV_Writ.pdf # # #

OPNews from the Ohio Patient Network is Back

[Courtesy of Ohio Patient Network] SPONSOR AND PROPONENT TESTIMONY HEARING SCHEDULED FOR NOVEMBER 19 A Sponsor and Proponent Testimony Hearing for SB 343 has been scheduled by the Ohio Senate Criminal Justice Committee for 10:00 am on Wednesday, November 19, 2008 in the North Hearing Room at the Ohio Statehouse. Known as the Ohio Medical Compassion Act, SB 343 would allow patients and their caregivers to possess and cultivate marijuana to treat the patients' serious illness. The Proponent component of this hearing will be grounded in testimony from seasoned medical professionals. If you would like to encourage your state Senator to vote for this important legislation, please visit https://ssl.capwiz.com/mpp/issues/alert/?alertid=11445816. It is hoped that this bill will be accorded swift passage in consideration of the highly successful Michigan Initiative. MICHIGAN LEGALIZES MEDICAL MARIJUANA Before the statewide initiative was started in five citywide medical marijuana votes, medical marijuana won in a landslide (with 62% in Flint in February 2007; with 63% in Traverse City and 61% in Ferndale in November 2005; with 74% in Ann Arbor in November 2004; and with 60% in Detroit in August 2004). All these efforts were spearheaded by Michigan NORML http://www.minorml.org/ and it's affiliated chapters. Based on these efforts Tim Beck wrote 'Taking the Initiative; A Reformer's Guide to Direct Democracy' online at http://www.drugsense.org/caip#take. When the Michigan Coalition for Compassionate Care http://stoparrestingpatients.org/ launched it's statewide signature drive they sought the help of Michigan NORML. The NORML members gathered a substantial share of the signatures, and then went on to support the initiative in every way possible. They wrote letters to the editor and OPEDs, which were published. They placed thousands of Yes on 1 yard signs. What they did not do was connect their effort in any way at with NORML to preclude any perception that they were really working to legalize marijuana. Thus they set a standard of professionalism for other NORML chapters to emulate. On Election Day, the initiative, on the ballot as Proposal 1, passed by 63% with 3,005,678 Yes votes. It passed in every county in the state. The new Michigan law, now known as The Michigan Medical Marijuana Act, will be certified and go into effect later this year. However, implementing regulations to include the patient and caregiver I.D. Card system may take until May of next year to go into effect. Unique among the 13 states with medicinal marijuana laws, covering a quarter of the U.S. population, Michigan's law recognizes the patient identifying documents of the 12 other states. The Ohio Patient Network salutes Michigan activists for their success with the hope that it will catch not only the attention of Congress but also the Ohio State Legislature. MEETING WITH OHIO SENATOR TOM ROBERTS The meeting of Ohio medical marijuana activists, called by Ohio Senator Tom Roberts (D-5), was held on November 6, 2008, in the Senate Minority Conference Room on the Southeast corner of the Ohio Statehouse. Excluding the Senator and his staff, around fifteen people participated in this meeting, including Ohio Patient Network officers Jeff Horvath, Nikki Plassenthal, and Mary Jane Borden, each of whom introduced themselves by their respective titles (Vice President, Secretary, and Treasurer) and were recognized by the Senator as such. Others in attendance included Eleanor Ahrens, Christy Becker, Jim Cowen, Tonya Davis, Dennis Day and Dawn Dunlap (Ohio Patient Action Network); Damien Hardy (Senator Roberts' aide), Brian McCann, Cher Neufer, Ed Orlett (Drug Policy Alliance), and Penny Tipps (State street Consultants). Topics covered included LTEs; meetings with editorial boards; consumption (the Senator wanted to know how much patients typically consumed); Marinol and Sativex; possible pharmaceutical industry resistance; and opposition to the bill from government agencies. Medical marijuana advocates should be inspired by the harmony and unified purpose displayed at this meeting. OPN ANNUAL MEETING HELD ON MAY 31, 2008 The Ohio Patient Network held its Annual Meeting on Saturday, May 31, 2008, at the offices of the Columbus Free Press at 1000 East Broad Street, Columbus, OH. Forty-three people participated in this meeting to elect the organization's officers for the coming year. After the meeting, OPN Past President, Mary Jane Borden commented, "This is a very special board. Well over half of the original co-founders came together to seat this board, which includes three of them in the positions of President, Vice President, and Treasurer." Board President Brandy Zink said that she looks forward to setting the organization on a course to better achieve its goals and be of service to patients. "With the introduction of the Ohio Medical Compassion Act, there is a greater need for educational resources from a credible, professional organization such as the Ohio Patient Network. The OPN Board Members are listed at http://www.ohiopatient.net/v2/content/view/16/34/ RIGHT, MORAL AND GOOD It has been said that we are living in a time of great change. There are new voices in Washington, the legislature, and even in the world of activism. If we could offer leadership advice at this pivotal moment, we wish that change, which has been given so much lip service, would be based on the principle of right, moral, and good. We encourage leadership to weigh decision making and subsequent action using this three-legged principle. Right, moral, and good means: Right: Right refers to the information on which decisions are made and asks if that fact base is correct. What are the holes in it and where might it be potentially wrong? Is the information on which actions are planned logical? Does it pass the smell or common sense test? Can it be substantiated by independent, third party sources? Right is not a feeling; it is the truth and cold hard facts that withstand repeated tests to discredit them. Moral: Morality concerns principles of conduct. For moral teachings, we often look to the Golden Rule or the 10 Commandments. The Golden Rule quite simply states, "Do unto others as you would have others do unto you." As most people don't seek harm, we should behave toward others as we would want them behave toward us. The 10 Commandments also provide a moral compass. "Do not bear false witness against your neighbor" - don't lie. "Do not steal" - don't take things that aren't yours. "Do not covet." - don't desire or scheme to obtain that which belongs to another. Morality doesn't equate to any specific religion or doctrine; all religions have their tests of moral conduct. Still, moral conduct pivots on the query: does action find its roots in lies, harm, theft, or greed? Would I want to be treated this way? Good: Good is actually a two-part test. There is the definition of good as beneficial and also good as of high quality. The beneficial test of good deals with well being. Good draws a direct line to positivity, prosperity, health, and vitality. It easily bridges to its benefits to others through the greater good. Good being of high quality equates to functional excellence. When something is good, all parts work, all pieces fit together, beauty radiates, and intended results are achieved. In both definitions, good refers to a plural or to the larger whole. As a two-part test, good asks, is action both beneficial to and functional for the larger whole and for the greater good? The right, moral, and good paradigm of decision making is a three legged stool that will topple when one leg becomes compromised. Actions cannot be moral or good if their fact base is lacking. They are neither right nor good if based in lies, theft, or greed. They can't be right or moral, if they function improperly or harm overall well being. We encourage leadership both nationally and locally to weigh these three tenets in the decision making process and as it considers actions based on this process. If we are to engender change at this pivotal time, then change should mend the rips and tears in our culture. Engaging in thinking that is right, moral, and good - holistically - gives all of us the best chance of achieving the results that we all want and for which we chanted change in the first place. You may wish to read another essay on this topic, "On Harmony," http://www.ohiopatient.net/v2/content/view/817/2/ You can also participate in an online discussion about it on our forum at http://www.ohiopatientnetwork.org/zot/viewtopic.php?t=535.
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