cannabisnews.com: Measure Would Add Medical Pot Defense 





Measure Would Add Medical Pot Defense 
Posted by CN Staff on February 21, 2003 at 06:50:20 PT
By Michael Coit, Staff Writer
Source: Press Democrat
Medical marijuana growers and suppliers could avoid federal prison under legislation proposed by a California congressman in the wake of a wave of raids and prosecutions.The measure is sponsored by Rep. Sam Farr of Carmel, whose supporters include fellow Democrats Lynn Woolsey of Petaluma and Mike Thompson of St. Helena. California is one of nine states that permit medical use of marijuana, but those state laws aren't recognized by the federal government.
Sonoma County has been one area caught in the conflict, with seven medical marijuana growers arrested, charged or convicted in U.S. District Court during the past two years.Federal judges have prohibited defendants from using a medical defense."These federal agencies, including the Drug Enforcement Administration and the Justice Department, have no respect for the laws we here in California have established to allow patients to live pain-free lives," Farr said."The purpose of this bill is to allow defendants in federal criminal trials to introduce evidence that their marijuana-related activity was performed for a valid medical purpose under state law," Farr added. "If a jury finds that a defendant was following state medical marijuana law, then the defendant should not be sent to prison."But there is no guarantee that Farr's proposal will even get a hearing in the House of Representatives, which hasn't acted on past proposals by Rep. Barney Frank, D-Mass., to rescind the federal ban on doc-tors' prescribing marijuana.Federal authorities contend marijuana has no accepted medical use and say it will remain a target under federal drug enforcement efforts until Congress changes the law."You've got people who are openly, blatantly advertising what they are doing. We're targeting people whether they're manufacturing, trafficking or distributing," said Will Glaspy, a DEA spokesman in Washington, who insisted that federal agents aren't picking on California. "We're consistently enforcing the federal drug laws throughout the United States."The latest congressional push faces an uphill battle in the Republican-controlled Congress. While there has been limited bipartisan support, many lawmakers are afraid of being charged with favoring legalization, said Rep. Dana Rohrabacher, R-Huntington Beach.Farr said he will introduce his measure in a month or so and hopes to gain more support than past measures have garnered. Frank also is expected to bring back his proposal.Woolsey and Thompson have co-sponsored Frank's bill in the past and said they will continue to support the measure. Woolsey said she is co-sponsoring Farr's measure, and Thompson also likes the proposal."I am supportive of efforts to allow states that have legalized marijuana for medicinal purposes to implement their own laws without federal intrusion," Thompson said. "I commend him for wanting to introduce a bill that respects the laws states have made for their own people and hope that this bill is a compromise that the Republican leadership can move forward."In a related move, 48 members of the California state Assembly and Senate have signed a letter urging the state's congressional delegation to support the measures and push to cut budgets of federal agencies involved in the fight against state medical marijuana laws.Note: Carmel congressman plans bill recognizing states' marijuana regulations.Source: Press Democrat, The (CA)Author: Michael Coit, Staff WriterPubdate: February 21, 2003Copyright: 2003 The Press DemocratContact: letters pressdemo.comWebsite: http://www.pressdemo.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmBill Seeks To Provide Medical Pot Defensehttp://cannabisnews.com/news/thread15514.shtmlState Lawmakers Craft Bill on Pot Defensehttp://cannabisnews.com/news/thread15513.shtml
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