We often make the case that some law enforcement officials want to maintain marijuana prohibition because enforcing it provides them with job security and bigger budgets. This Texas Monthly article quotes a former Texas judge making that case for us while discussing his support for a bill that would reduce penalties for possession of up to one ounce of marijuana.

Bryan-College Station Judge John Delaney reported that probation officers in Brazos County had told him that passage of the bill, with its removal of incarceration and therefore of probation, would devastate their offices. Why? Because almost half of the county's misdemeanor probationers have been convicted of possession of less than two ounces of marijuana. "We live off our under-two-ounce misdemeanor guys. They pay the rent." [MPP emphasis added]

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[caption id="attachment_6381" align="alignright" width="188"] Joni Whiting[/caption]

At a press conference held by Minnesotans for Compassionate Care last week to announce the introduction of a medical marijuana bill, several patients shared their heart-wrenching stories with reporters and assembled lawmakers.

Once of those people was Joni Whiting, whose daughter found relief from cancer pain with medical marijuana. Her testimony is available at the Star Tribune.

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[caption id="attachment_6376" align="alignleft" width="180"] Clayton Holton[/caption]

As New Hampshire Gov. Maggie Hassan attempts to strip the provisions allowing patients to grow a limited amount of marijuana from the legislation being considered in the state Senate this week, patients are speaking up.

Clayton Holton, a 28-year-old with muscular dystrophy and an outspoken supporter of medical marijuana, wrote in Seacoast Online:

I have spent the better part of a decade asking New Hampshire legislators to allow patients like me to use medical marijuana, and it finally appears that a medical marijuana bill is going to pass this year. Unfortunately, it appears this law may not be of any benefit to patients like me who are fighting for our lives.

HB 573, which passed overwhelmingly in the House, allows patients to access medical marijuana from one of five state-regulated alternative treatment centers or grow up to three cannabis plants. The centers will not begin serving patients for at least two years, and many patients, including myself, cannot wait that long for relief. Thus, it is critical that we be allowed to grow for ourselves or designate a caregiver to do so for us, as the bill allows.

Sadly, Gov. Maggie Hassan is now insisting that home cultivation be removed from the bill before she will be willing to sign it. This means patients will continue to suffer without legal access to marijuana. Frankly, I do not expect to live another two years, so for me, this may as well be a death sentence.

While Gov. Hassan should be commended for supporting the rights of patients to use the medicine that works best for them, she needs to realize that we should not be forcing patients to either wait years or put themselves in danger getting their medicine from the criminal market.

If you live in New Hampshire, please contact Gov. Hassan and ask her to remove her opposition to patient cultivation.

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Last week, the Criminal Jurisprudence Committee approved Rep. Harold Dutton’s bill to keep marijuana users from being sent to jail for first-time simple possession of marijuana. Unfortunately, the bill – HB 184 – was amended first to apply only to people under the age of 21. The bill is now with the House Committee on Calendars. We want to be sure the committee places it on the calendar for a vote on the House floor.

While not perfect, this bill is a step in the right direction. Under current Texas law, possession of two ounces or less of marijuana is punishable by up to six months in jail and $2000 in fines. If you are a Texas resident, you can voice your support and encourage members of the Committee on Calendars to put the bill on the calendar for a vote. 

In other news, the Committee on Public Health heard testimony from patients and medical professionals who support HB 594. This important bill would let patients who are arrested for marijuana possession raise a defense in court if their physicians recommend medical marijuana. It would also protect physicians who make such recommendations.

The testimony from supporters was profound and emotional. To see a video of this amazing hearing, click here. Consideration of HB 594 begins at about 1:51:20 into the recording.

The committee postponed its vote on whether to pass the bill to the House floor until Monday, May 6, which happens to be the last day it has to take action before the bill dies this session.

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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.

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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!

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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.

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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.

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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 “21^st 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.

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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.

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