cannabisnews.com: Former Legislator Exploring Marijuana Measure





Former Legislator Exploring Marijuana Measure
Posted by CN Staff on October 13, 2003 at 13:31:34 PT
By Joe Kafka, Associated Press
Source: Associated Press 
Pierre, S.D. -- A former state legislator said Monday he is exploring the idea of a petition campaign to legalize marijuana for legitimate medical purposes in South Dakota.Ron Volesky, a member of the Huron City Commission, said he is assembling a steering committee and will decide by January whether to begin collecting signatures. "I look at it as a measure to alleviate suffering for a lot of people," he said.
Eight states have laws recognizing medical uses for marijuana, Volesky said. One other state reduces the penalty for those convicted of marijuana possession if they can show it was used for bona fide medical reasons, he said.Volesky spent 16 years in the Legislature and ran unsuccessfully for the Democratic nomination for governor and as the Democratic candidate for state attorney general. He said he knows some will see any campaign to allow marijuana for medicinal purposes as the first step toward general legalization of the drug."This is not an effort to legalize marijuana or to weaken in any way our drug laws in South Dakota. It is an effort to create a reasonable exception to our drug laws to allow the use for certain, limited medical purposes."The proposed law would be carefully worded, he said."This would be a tightly controlled situation. You'd have to have a written prescription or recommendation from a licensed physician in order to use marijuana for the treatment of glaucoma, chronic pain, and symptoms resulting from chemotherapy treatment for cancer," Volesky said.The 2001 Legislature rejected Volesky's bill to allow marijuana for medical purposes if recommended by a doctor. People could have grown their own marijuana under the measure.Volesky said Monday he will draft petition language after reviewing medical marijuana laws in other states. The measure could either outline specific therapeutic uses for marijuana or it could contain provisions letting people prove in court that they use marijuana for valid medical reasons, he said.It requires 16,728 signatures to place initiated laws on the ballot. The deadline to get such measures on the 2004 general election ballot is next May 4.Volesky said he decided to explore the idea after learning about a state Supreme Court case involving an Eagle Butte man who said he smokes pot to ease chronic muscle spasms. Matthew Ducheneaux said the justices, who will rule later, should recognize the use of a medical necessity defense in such cases.Among legislators who voted in against Volesky's measure was Don Brosz of Watertown, who was defeated last year in a re-election bid. Brosz said Monday that passage of a medical marijuana law in South Dakota would do little good because marijuana possession still would be illegal under federal law."If South Dakota passes a medical marijuana law, where are we going to get it? Where will the druggists get it? Who can supply it? Our drug companies I don't think can supply it because it isn't legal. It makes no sense," he said.Many people pushing the medical marijuana bill in 2001 favored legalization of marijuana and also pushed an unsuccessful hemp cultivation bill, which law enforcement opposed, Brosz said."Who am I to believe? Would I believe the people that are smoking grass or would I believe law enforcement?" he asked.Volesky said federal officials are unlikely to pay much attention to a state law allowing marijuana to be used as medicine. Most marijuana possession cases are handled by state's attorneys and do not involve federal prosecution, he said."The feds have very little input into enforcing local laws, and it does send a message that maybe we need to do something on the federal level to make it easier for states to pass medical-use marijuana laws," Volesky said."I believe there is growing support for this type of exception to current marijuana laws. I'd like to have the people of South Dakota have a vote on it."Gathering the necessary signatures will not be easy on an issue involving a drug now illegal for any use, Volesky said."I think people in South Dakota are open-minded and will listen to the pros and cons and consider it from the standpoint of a medical issue, not to consider it as a drug issue," he said.Complete Title: Former Legislator Exploring Marijuana Ballot MeasureSource: Associated Press Author: Joe Kafka, Associated PressPublished: October 13, 2003Copyright: 2003 Associated Press Related Articles:Lawmakers Debate Medical Marijuana Bill http://cannabisnews.com/news/thread8413.shtmlPoll: SD Favors Medical Marijuana http://cannabisnews.com/news/thread8394.shtml
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Comment #1 posted by E_Johnson on October 13, 2003 at 16:44:31 PT
Is Joe Kafka related to Franz?
I feel like all of our stories are being written by Kafka.
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