cannabisnews.com: Updated Report Examines Medical Marijuana Laws Updated Report Examines Medical Marijuana Laws Posted by CN Staff on July 19, 2004 at 18:22:39 PT For Immediate Release Source: Common Dreams Washington -- The Marijuana Policy Project today released an updated version of its landmark report on state medical marijuana laws, "State-by-State Medical Marijuana Laws: How to Remove the Threat of Arrest." With new information about recent court decisions and recently passed laws, the report is the definitive resource regarding state medical marijuana laws. Among the report's findings:** Nine states-Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon, Vermont, and Washington-have laws that effectively protect medical marijuana patients from arrest. A Maryland law enacted in 2003 protects patients from the threat of jail but does not provide protection from arrest. ** The federal government cannot nullify state medical marijuana laws, and recent federal court decisions have confirmed that states may enact such laws. In Conant v. Walters, a federal appeals court upheld doctors' right to recommend marijuana pursuant to such laws, and the U.S. Supreme Court declined to hear the government's appeal. Because 99 percent of all marijuana arrests are made by state and local officials, these laws provide substantial protection for patients, despite federal hostility.** State laws have worked smoothly and increased in popularity. Maine's law has been so uncontroversial that in 2002 a bill doubling the amount of marijuana that patients may possess passed the state Senate on a voice vote, becoming law with no organized opposition. A recent statewide California poll showed 74 percent support for the state's medical marijuana law-up from the 56 percent who voted for it in 1996."With medical marijuana proposals expected to be on state and local ballots in several states this year, this report answers the legal and practical questions that journalists ask us every day," said MPP Director of Communications Bruce Mirken. "Nearly eight years of experience has shown that state medical marijuana laws have worked well, and the problems predicted by opponents have completely failed to materialize."The report is available online at: http://www.mpp.org/pdf/sbs_report_2004.pdfContact: Marijuana Policy Project - http://www.mpp.org/Bruce Mirken, 202-543-7972 or 415-668-6403Source: Common Dreams (ME)Published: July 19, 2004 Copyright: 2004 Common DreamsContact: editor commondreams.org Website: http://www.commondreams.org/Related Articles & Web Site:Conant v. Waltershttp://freedomtoexhale.com/walters.pdfFeds' Wayward Path on Pot http://cannabisnews.com/news/thread19142.shtmlMedical Marijuana: A Nation Gone To Pot? http://cannabisnews.com/news/thread19121.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by FoM on July 23, 2004 at 10:42:20 PT Hi Rev Jonathan Adler I wanted to mention that Dr. Russo is out of the country. He let me know a while back that he would be gone for a number of weeks. He should be back soon though. [ Post Comment ] Comment #5 posted by Rev Jonathan Adler on July 22, 2004 at 23:49:45 PT: Hawaii Medical Marijuana Laws Unique! Aloha from the only state to legislate it's medical marijuana program as an amendment to an existing law without a popular vote. It was our efforts for several sessions to educate the legislators about the defense to prosecution (HRS 712-1240.1) our state has had in it's laws since 1977! I was one of the original instigators of this action and am now in my fourth year of registration with State Narcotics Enforcement as a direct result. We now have 1,350 patients state-wide who still have NO LEGAL ACCESS to the medicine they must somehow cultivate themselves or hire a care-giver. I am responsible for HCR 152 passed this year which orders the state to come up with a report on legal distribution of medical marijuana! Where is the news coverage? Well read it right here on cannabis news only. I tell it like it is. From the horse's mouth! We won't quit on this noble cause. Aloha for your support. Ethan RRusso? Where are you brother? Hawaii Medical Marijuana Institute [ Post Comment ] Comment #4 posted by FoM on July 20, 2004 at 11:29:12 PT DPFCA: Schwarzenegger Vetoes SB 420 Clean-Up Bill Governor's Veto of SB 1494 Creates Legal Confusion Over Medical MarijuanaGov. Schwarzenegger disappointed medical marijuana supporters by vetoing Sen. Vasconcellos' medical marijuana "clean-up" bill, SB 1494, which was intended to clear up misconceptions caused by bad drafting language in SB 420. In particular, SB 1494 made it clear that the possession and cultivation quantity limits in SB 420 were not intended to limit patients' legal right to have as much medicine as they need - a right guaranteed by the text of Prop 215 - but were only intended to define how much patients with state ID cards could have and still be protected from arrest. In his veto message, Gov. Schwarzegger erroneously stated that SB 1494 violated the original agreement behind SB 420. In fact, SB 1494 accurately stated the intent of the task force, which had been accidentally misstated by poor drafting language written in a last-minute legislative rush. This move augurs poorly for supporters of marijuana reform, since it suggests that the Governor is in the pockets of right wing law enforcement interests in Sacramento, who were the major opponents of SB 1494. Ironically, the Governor's veto appears likely to aggravate legal uncertainty surrounding medical marijuana, since the limits in SB 420 conflict with Prop 215. A legal challenge in the courts now seems certain. One additional irony of the Governor's veto is that it extends protection from arrest to all medical marijuana patients, not just those with identification cards, as intended in SB 420. The clean-up bill made it clear that only patients with ID cards were protected under the limits, but the original text of SB 420 mistakenly extended this to all "qualified patients." The Governor's veto therefore undercuts the incentive for patients to obtain a card in the first place. "Unfortunately, Gov. Schwarzenegger appears to have followed bogus legal advice from law enforcement interests opposed to Prop. 215," said California NORML coordinator Dale Gieringer, "The result will be only to exacerbate legal conflict over medical marijuana."Text of Veto Message (July 19, 2004) I am returning Senate Bill 1494 without my signature.This bill reverses an agreement that led to the passage of SB 420 (Vasconcellos) in 2003. That statute established quantity guidelines which gave patients and law enforcement clarity in the law with respect to possession of medicinal marijuana under Proposition 215. Reasonable and established quantity guidelines allow medicinal marijuana patients to seek relief from symptoms free from legal questions and permit law enforcement to carry out the law.Senate Bill 1494 removes the limitation on the amount of marijuana a qualified patient, person with an identification card, or primary caregiver can possess. Since the passage of Proposition 215, local governments have grappled with the interpretation of the voters' intent with respect to how much marijuana a patient may possess for medical use. Senate Bill 420 resolved this issue.Enactment of this bill would create uncertainty in this area of the law thereby making it more difficult for law enforcement to determine when a person was in possession of marijuana for medicinal purposes pursuant to Proposition 215.For these reasons, I am unable to sign this measure.Sincerely,Arnold Schwarzenegger----Dale Gieringer (415) 563-5858 // canorml igc.org2215-R Market St. #278, San Francisco CA 94114 [ Post Comment ] Comment #3 posted by ron on July 20, 2004 at 07:37:11 PT FoM I'd like to hear from them too. Who wants to support an organization that pulls out of a petition campaign that seemed tantalizingly close to success? The excuses they've offered so far sound like damage control. [ Post Comment ] Comment #2 posted by FoM on July 20, 2004 at 07:22:01 PT Ron I read Richard Cowan's analysis and I assume MPP will respond so we understand why things are going so badly. I sure hope they do. [ Post Comment ] Comment #1 posted by ron on July 20, 2004 at 07:16:42 PT MPP can talk the talk... ...but can they walk the walk?http://www.marijuananews.com/news.php3?sid=755 [ Post Comment ] Post Comment