cannabisnews.com: Davis Signs Anti Prop 215 Medical Marijuana Law 





Davis Signs Anti Prop 215 Medical Marijuana Law 
Posted by CN Staff on October 14, 2003 at 22:42:31 PT
By Steve Kubby 
Source: Sierra Times 
After two previous vetoes, Gray Davis has finally signed the medical marijuana task force bill SB 420 by Sen. Vasconcellos. The new bill, a radical re-write California's medical marijuana laws that is opposed by both law enforcement and patients, will take effect on Jan. 1st. Davis signed the measure Sunday as he faced a midnight deadline to act on the measure.
So why did Gov. Davis, a drug warrior of long-standing veto the needle exchange bill, but sign SB 420? Is it because SB420 protects patients or because it actually makes it easier for the police to hassle them? Davis apparently liked SB 420 enough to put his signature on it, even though it would have passed without it. That worries medpot patients in California. Although the State of California has vowed to protect the identity of Medpot ID card holders, their resolve will quickly melt when confronted with gun toting DEA agents who demand the list. Not only will U.S. drug agents seize a state patient registry and use it as a hit list for arrests, you can expect folks who do comply with the state program to still get raided and trashed by federal agents. Just ask Sister Somaya or Travis Paulson in Oregon, who were both raided last week by DEA ninja warriors, even though they were in full compliance with state law. As Bill Panzer told the LA Times, the new law is an "anti-medical marijuana law" that will "tread on the doctor-patient relationship, put an unrealistic limit on some patients most in need and embolden narcotics officers who might make more arrests in some parts of the state." Panzer knows what he is talking about. He helped write Prop. 215 and has probably defended more 215 patients successfully than any other attorney in the state. If Panzer says this is an "anti-medical marijuana law," you should believe him. Also, you should know that on the day before the bill was to get voted on, Bill Lockyer had a meeting with Vasco and told him the bill would not pass unless the 8 oz. and 6/12 plants were used because there were no NIDA guidelines. Well, if you talk to George McMahon and Elvy, you will find out that NIDA never had a hand in setting limits. The patients' doctors did. So Lockyer and Vasco could have taken the position that patients' doctors should set the limits, since that is what the Feds do. Instead, they lied about the Federal guidelines and created their own limits, based upon politics, not medicine. How can anyone trust Lockyer or Vasconcellos after such dishonesty and betrayal? A big problem, SB 420 is far more lengthy than the Compassionate Use Act and offers far more opportunities for prosecutors to craft their own interpretations of what is legal or not. Worst of all, SB 420 will now criminalize and endanger thousands of patients who are well outside the 6 plant/8 ounce limit and do not have sufficient support from their doctor to challenge the statewide limit. Laws which are established through the initiative process may only be changed through the initiative process. Only laws which would not contradict the initiative may be implemented through the Legislature. Proposition 215 did set a limit and that limit is "FOR PERSONAL MEDICAL USE." This quantity limitation has been affirmed by the California Supreme Court in People v. Mower where the court clearly and indisputably held that the only quantity limitation (or requirement) is "PERSONAL MEDICAL USE". This new law clearly contradicts and even repeals this quantity limitation. Suppose a patient has 16 ounces and he possessed it "FOR PERSONAL MEDICAL USE" even if he would not be able to use up his supply say within 2 years the new law will make conduct criminal which was not criminal under Proposition 215. The Compassionate Use Act was easy enough for voters and juries to understand, so why punish patients with all these new regulations and unrealistic limits? Bona fide patients who use medical cannabis needed bill the protects patients and forces police to upholding the Compassionate Use Act as it was written and passed by the People. Instead they got a law that has bartered away their rights and created new crimes that can now be charged against medical cannabis patients. There is nothing to be gained by criminalizing and endangering sick, disabled and dying patients. SB 420 is a cesspool of arbitrary and illegal measures that will only end up making criminals out of cancer patients. Complete Title: Davis Signs Anti Prop 215 Medical Marijuana Law in Final Hours In Office Source: Sierra Times.com (NV)Author:  Steve KubbyPublished: October 14, 2003Copyright: 2003 SierraTimes.com Contact: opeds sierratimes.com Website: http://www.sierratimes.com/Related Articles & Web Site:American Medical Marijuana Assn.http://www.americanmarijuana.org/Medical Marijuana IDs Go Statewidehttp://cannabisnews.com/news/thread17563.shtmlDavis Signs Adjunct To Medical Pot Lawhttp://cannabisnews.com/news/thread17562.shtmlFoes Protest Limits on Medical Pothttp://cannabisnews.com/news/thread17561.shtml
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