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
Officials from Connecticut’s Department of Consumer Protection (DCP), which has been charged with organizing the state’s medical marijuana program, heard compelling public testimony Monday morning as the department prepares to establish rules regarding dispensary operations.
Gov. Dannel P. Malloy signed a medical marijuana bill into law last May, and the state began accepting applications for medical marijuana licenses in October. Unfortunately, there are no dispensaries currently operating in the state, and it is illegal for patients to grow plants for personal use.
[caption id="attachment_6319" align="alignright" width="195"] Tracey Gamer Fanning[/caption]
This loophole has left patients like Tracey Gamer Fanning in an unnerving legal gray-zone. Tracey was diagnosed with brain cancer in 2006. The myriad medication she was prescribed left her bedridden and unable to function. This all changed when her doctor recommend she try marijuana. "It gave me my life back," she told CBS.
Despite the impact it’s had on Tracey’s cancer, every time she uses the drug she is breaking the law. Dedicating her limited time to medical-marijuana advocacy, Tracey lined up to speak at Monday’s hearing.
I want the politicians to see my face, the face of a mother from West Hartford who is just grateful to be at the dinner table in the evening instead of in bed, of someone who is so thankful to be part of her children's lives, of someone who lost an advertising career but gained a life mission.
The DCP has composed a 70-page draft of regulations that mimics the state system that controls the distribution of such pharmaceuticals as OxyContin.
MPP’s Director of State Policies, Karen O’Keefe, expressed concerns over the expense of the system of production and distribution. “The provision that requires $2 million in an escrow for producers, that’s a huge sum of money,” Karen stated. “It could edge out the little guy.” MPP has submitted suggested changes to the state regulations.
CBS, Connecticut, Dannel P. Malloy, Department of Consumer Protection, Hartford, Karen O'Keefe, Tracey Gamer Fanning
[caption id="attachment_6313" align="alignleft" width="240"] Rep. Steve Cohen[/caption]
More and more states, in conflict with federal policy, are permitting the use of medical marijuana and decriminalizing its recreational use. In order to examine this unnecessary conflict as well as the current federal policy’s broad impacts, Congressman Steve Cohen (D-TN) introduced legislation last week to create a National Commission on Federal Marijuana Policy.
“[I]t’s important that we understand the impact of current federal policy and address the conflict with those state laws that allow for medicinal or personal use of marijuana,” said Congressman Cohen. “This conflict is only going to continue to grow…we must provide certainty to the millions of individuals and businesses that remain caught in a web of incompatible laws. “
Congressman Cohen is optimistic that a national commission would provide the government with the tools necessary to create sensible policy.
A similar commission was created in 1971. Released two years later, the “National Commission on Marihuana and Drug Abuse,” which was led by former Pennsylvania Governor Raymond P. Shafer, called for the decriminalization of marijuana.
The Shafer Commission’s recommendations were disregarded and the War on Drugs nonsensically expanded. As a result, countless responsible marijuana users have been saddled with criminal records, nonviolent offenders have been crammed into our overcrowded prisons, and taxpayer dollars and law enforcement resources continue to be wasted in the attempt to impose failed marijuana policies.
The majority of Americans believe marijuana should be taxed and regulated like alcohol. Forty years of ignorance is enough; it’s time to re-evaluate federal policy.
National Commission on Federal Marijuana Policy, Nixon, Pennsylvania, Shafer Commission, Steve Cohen, Tennessee, war on drugs
Last week was very eventful for marijuana policy reform. The Oregon Senate approved a bill granting PTSD sufferers access to medical marijuana, the Vermont House passed a bill to remove criminal penalties for marijuana possession, and, in a victory that was years in the making, the Illinois House voted in favor of medical marijuana legislation.
The passing of House Bill 1 in Illinois is an example of public education at its finest. News organizations across the state set space aside to show their support for medical marijuana without reluctance.
Editorials in the Chicago Tribune, the Chicago Sun-Times, and the Journal-Standard described the drug’s ability to alleviate suffering, and they also clearly addressed the bill’s strict guidelines to ease the fears of any hesitant readers.
Editorials like those composed in Illinois and other states such as Maine provide readers with a great service, and they can make all the difference in garnering support for marijuana policy reform.
Chicago Tribune, editorial, House Bill 1, Illinois, Journal-Standard, Maine, Oregon, PTSD, Sun-Times
Rhode Island, the second New England state to permit the sale of medical marijuana, opened its first dispensary on Friday.
Located on in Providence, the Thomas C. Slater Compassion Center will initially sell marijuana cultivated by growers participating in the state’s medical marijuana program; however, it plans to begin growing its own medicine to sell as soon as possible.
The state will likely add more dispensaries in the coming months in Warwick and Portsmouth.
dispensary, New England, Portsmouth, Providence, Rhode Island, Thomas C. Slater Compassion Center, Warwick
The Oregon Senate passed a bill allowing people suffering from post-traumatic stress disorder (PTSD) to secure a medical marijuana card on Wednesday in a 19-11 vote.
The Oregon Medical Marijuana Act, which passed in 1998, allows patients with certain debilitating conditions like cancer, Alzheimer’s disease, and HIV/AIDS to use medical marijuana. Senate Bill 281 would add the severe anxiety disorder that can occur after a traumatic event like war, assault, or disaster to the list.
The bill is now on its way to the House.
If you live in Oregon, please contact your representative to ask him or her to support SB 281.