Two pieces of legislation that will make changes to the state’s medical marijuana program have passed the Hawaii Legislature. Both of these bills found their way out of their respective conference committees and were approved of with bipartisan support.
H.B. 668, C.D. 1 transfers jurisdiction of the medical marijuana program from the Department of Public Safety to the Department of Public Health and creates a “Medical Marijuana Registry Fund” to administer the program. This noncontroversial measure means that health professionals – as opposed to law enforcement – would have control of the program. The departments are already working on the transfer, which must take place before January 1, 2015.
S.B. 642, C.D. 1 amends the medical marijuana program. The amount of usable marijuana a patient may possess is increased from three to four ounces, and the mature/immature definitions have been removed allowing patients to have seven plants at any stage. Unfortunately, the bill would also change the law to only allow a patient’s primary care physician to recommend medical marijuana. If signed, it will not take effect until January 2, 2015, and advocates will work to fix this.
If you live in Hawaii, ask Gov. Abercrombie to sign H.B. 668, C.D. 1, approving the transfer.
Department of Public Health, H.B. 668 C.D. 1, Hawaii, Neil Abercrombie
Yesterday, in a 4-1 vote, Vermont’s Senate Judiciary Committee voted to approve a bill that would reduce penalties for possessing small amounts of marijuana. Under H. 200, which has already passed the House, possession of up to an ounce of marijuana would become a civil offense punishable by a fine rather than a criminal misdemeanor.
[caption id="attachment_6364" align="alignleft" width="240"] Rep. Christopher Pearson[/caption]
H. 200, introduced by Rep. Christopher Pearson (P-Burlington) with a tripartisan group of 38 co-sponsors, would remove criminal penalties for possession of up to one ounce of marijuana and replace them with a civil fine, similar to a traffic ticket. Those under age 21 would be required to undergo substance abuse screening. Under current state law, possession of up to two ounces of marijuana is a misdemeanor punishable by up to six months in jail for a first offense and up to two years in jail for a subsequent offense.
Nearly two-thirds (63%) of Vermont voters support removing criminal penalties for possession of small amounts of marijuana and replacing them with a civil fine, according to a survey conducted by Public Policy Polling in February 2012.
Senators will soon be voting on this bill. If you live in Vermont, click here to send them one last message of support!
Christopher Pearson, decriminalization, H.200, Public Policy Polling, Senate Judiciary Committee, Vermont
Earlier today, a bipartisan group of Minnesota state lawmakers joined patients and advocates from Minnesotans for Compassionate Care for a news conference at the state capitol to announce the introduction of a bill that would allow people with serious illnesses to access and use medical marijuana if their doctors recommend it.
[caption id="attachment_6354" align="alignright" width="122"] Rep. Carly Melin[/caption]
Rep. Carly Melin (DFL-Hibbing) introduced HF 1818 in the House, and Sen. Scott Dibble (DFL-Minneapolis) introduced the companion – SF 1641 – in the Senate. Both bills have the maximum number of sponsors allowed – 35 in the House, including 12 committee chairs, and five in the Senate, including two committee chairs. If you live in Minnesota, please email your state senator and representative and ask them to support HF 1818/SF 1641.
Eighteen states and the District of Columbia already allow seriously ill residents to use medical marijuana with their doctors’ recommendations, and 65% of Minnesotans support a compassionate medical marijuana law. Urge Gov. Dayton to join this growing majority.
Carly Melin, Dayton, HF 1818, Minnesota, Minnesotans for Compassionate Care, Scott Dibble, SF 1641
What’s older than Florida’s senior population? The Florida Legislature’s mindset when it comes to marijuana.
Last Friday, the state Senate voted 31-2 in favor of a bill that would ban the sale of assorted pipes, bongs, and hookahs. House Bill 49 passed in the House days earlier by a vote of 112-3.
[caption id="attachment_6350" align="alignright" width="120"] Sen. Jeff Clemens[/caption]
Sen. Jeff Clemens (D-Lake Worth), one of the few dissenting voices in the Senate, argued that marijuana is far safer than other drugs and should be allowed under strict regulation.
The bill now heads to Gov. Rick Scott for his signature. If signed, vendors will be criminalized, the sale of various pipes will become a first-degree misdemeanor, and any subsequent violation will jump to a third-degree felony.
Out-of-touch lawmakers don’t seem to realize that House Bill 49 will do nothing to curb marijuana use. In their quest to harass responsible marijuana users, the Florida Legislature has only harmed legitimate business people.
bong, felony, Florida, HB 49, Jeff Clemens, paraphernalia, pipe, Rick Scott, Senate
Just this week, DEA agents raided two medical marijuana dispensaries in San Diego. The raid came one day after the owner of one of the facilities testified at a city council hearing on regulations for medical marijuana dispensaries.
Ironically, it also comes as the Obama administration announces their new drug control strategy, which they call a “21st century approach to drug policy.” To hear them tell it, we’re now focused on treatment and prevention rather than arrests and prosecutions. Of course, that’s not true, and no one knows that better than medical marijuana providers in California and elsewhere. Fortunately, there is a way to change all that.
Ask your elected officials in Congress to support H.R. 689.
Congressman Earl Blumenauer (D-OR) has introduced the States’ Medical Marijuana Patient Protection Act. If passed, his bill would reschedule marijuana, recognizing its medical value, and prevent the DEA from going after patients, doctors, or dispensaries.
It’s vital that your representatives in Congress know that you support medical marijuana and that people who provide doctor-recommended medicine to sick people are not criminals. Please write your elected officials today, and when you’re done, forward this to friends so they can do the same.
On Thursday, a Colorado Court of Appeals panel ruled that a quadriplegic medical marijuana patient fired for off-the-job marijuana use had no expectation of job security, creating a disquieting legal situation in the state.
[caption id="attachment_6341" align="alignright" width="131"] Brandon Coats[/caption]
Despite lacking evidence that he was impaired on the job, the Dish Network fired telephone operator Brandon Coats after he tested positive for marijuana. Coats took his employers to court, arguing that his termination violated Colorado's Lawful Off-Duty Activities Statute, which states employees cannot be fired for engaging in legal activities when off-the-clock.
Unfortunately for Coats and the thousands of patients like him, a trial court ruled against him, citing a previous case that declared Colorado’s medical marijuana law only exempts patients from prosecution.
The decision makes it clear: Colorado’s Lawful Off-Duty Activities Statute does not cover legal state activities that conflict with federal law. Meaning, employees may smoke tobacco, drink alcohol, and risk developing a myriad of ailments, but if those employees opt to use a safer substance by following a doctor-recommended course of treatment, they must do so with the knowledge that their voter-approved choice could mean losing their source of income.
Employers are prevented from discriminating against employees based on medical conditions or treatments. Medical marijuana patients should be treated equally, not worse than people who use dangerous narcotics at the direction of their physicians.
appeal, Brandon Coats, Colorado Court of Appeals, Dish Network, employment, Lawful Off-Duty Activities Statute
[caption id="attachment_6333" align="alignleft" width="210"] Rep. Jeff Irwin[/caption]
Michigan Rep. Jeff Irwin (D-Ann Arbor) introduced a bipartisan bill Wednesday that would decriminalize small amounts of marijuana.
Currently, possession of any amount of marijuana in Michigan could result in a year in jail and a fine of up to $2,000 . House Bill 4623 would re-label the offense as a civil infraction punishable by a fine based on whether it was a repeat offense.
[caption id="attachment_6334" align="alignright" width="171"] Rep. Mike Shirkey[/caption]
"We know, and the people here in Michigan know, that marijuana prohibition is not working," Rep. Irwin said today during a press conference at the state Capitol, where he was joined by the bill’s Republican co-sponsors, Rep. Mike Shirkey (R-Clarklake) and Rep. Mike Callton (R-Nashville).
"This is the right time to have this debate in Michigan," said Rep. Shirkey. "We're using a lot of money, energy and resources in Michigan and across the nation to accomplish something we've failed at."
If you live in Michigan, please ask your legislators to support marijuana decriminalization!
Ann Arbor, Clarklake, decriminalization, HB 4623, Jeff Irwin, Michigan, Mike Callton, Mike Shirkey, Nashville
In a Washington Post video posted today, two families discuss their search for effective treatments for their children's chronic and debilitating seizures and how they arrived at medical marijuana as the best option. Unfortunately, there is little understanding as to how and why medical marijuana works so well for certain conditions, but more and more researchers are starting to look into it.
These particular cases, and those like them, illustrate the need for greatly expanded research into the potential medical benefits of marijuana. If only the government agencies in charge of authorizing such studies would allow them to proceed...
epilepsy, Gabriel Silverman, interference, medical, Research, Washington Post
In a 7-2 vote on Tuesday, the Supreme Court ruled that deportation is not mandatory if a legal immigrant is convicted of possessing a small amount of marijuana.
The ruling was in response to Moncrieffe v. Holder. Immigration officials automatically deported Adrian Moncrieffe, a Jamaican citizen who has lived in the United States since he was three years old, after he was convicted under Georgia law for possession and intent to distribute 1.3 grams of marijuana.
[caption id="attachment_6326" align="alignright" width="240"] Justice Sotomayor[/caption]
“Justice Sonia Sotomayor wrote on behalf of the majority that a conviction for marijuana possession does not rise to the level of an aggravated felony if it is a small amount and the defendant was not being paid for it,” reported Reuters.
Moncrieffe could still face deportation, but Tuesday’s ruling means that he and others like him can contest the decision in further immigration proceedings.
Adrian Moncrieffe, deportation, Holder, Jamaica, Reuters, Sotomayor
The U.S. territory of Puerto Rico has entered debate over marijuana. Sen. Miguel Pereira filed a bill last week that would permit adults 21 and older to possess up to one ounce of marijuana, arguing that 80 percent of inmates are serving time for non-violent crimes and that possession cases cost the government money.
[caption id="attachment_6323" align="alignleft" width="226"] Sen. Miguel Pereira[/caption]
The actions of the former federal prosecutor and corrections secretary roused mixed emotions. Supporters marched through the streets towards the Capitol building on Saturday in excitement, while critics called for his resignation.
Amidst the cheers and jeers were also voices of reason. During a press conference, Gov. Alejandro Garcia Padilla stated, “I don’t have a problem with an open debate about the possibilities, benefits or drawbacks of such a measure.” Justice Secretary Luis Sanchez Betances similarly stated that the proposal opens the door for discussion.
Marijuana possession in Puerto Rico can carry up to three years in jail and a $5,000 fine.
adult, Alejandro Garcia Padilla, Luis Sanchez Betances, Miguel Pereira, Puerto Rico