Browsing: Legislation

Graphic: Squidoo

​Two different groups are moving ahead with plans to put medical marijuana before Ohio voters next year.

Cleveland billionaire Peter Lewis is organizing and funding a medical marijuana ballot issue, while another group has been quietly laying the groundwork for a constitutional amendment, reports Alan Johnson at The Columbus Dispatch.
If approved by voters, the Ohio Medical Cannabis Act of 2012 would establish a regulatory system modeled after the Ohio State Liquor Control system. (OK, that seems a little strange — why would a medicine be controlled by the liquor board?) There would be an Ohio Commission of Cannabis Control, plus a state division and superintendent to run it.
Marijuana purchases would require a doctor’s authorization and would be subject to state and local sales taxes.

Photo: Steve Elliott ~alapoet~

​A Seattle City Council panel on Wednesday unanimously passed a measure licensing and regulating medical marijuana dispensaries in the city.

The ordinance now moves to the full City Council for consideration on Monday, July 18, reports Chris Grygiel at the Seattle P.I. But prior to the vote by the Housing, Human Services, Health and Culture Committee, one attorney told the council members that the ordinance won’t stand up in court.
“I want to applaud the City Council for taking a look at this matter … unfortunately I must urge you to reconsider your proposal,” said activist/attorney Douglas Hiatt, who said he represents medical marijuana patients. “Go back to the drawing board. I do not believe there is any way you can pass your ordinance will stand under the law. The state’s controlled substances act pre-empts the field … Marijuana is still illegal … It’s illegal for all purposes, you cannot regulate an illegal business without a specific authority.”

Graphic: San Diego ASA

​Good news! San Diego’s land use ordinance that activists say amounted to a ban on medical marijuana dispensaries has been effectively blocked, according to the group Citizens for Patients’ Rights (CPR).

The city of San Diego has verified the 31,029 signatures on the petition referendum from the CPR. The City Council now has 10 days to either rescind the ordinance or schedule an election.
In order to avoid the prohibitive costs of an election, the CPR, along with the Patient Care Association (PCA) of California and the California Cannabis Coalition, are urging the City Council to rescind the March 2011 land use ordinance.
If rescinded, the City Council has a second chance to not only create a new land use ordinance that respects the rights of patients to safe access, but also to work with the city’s medical cannabis collectives to provide clear guidance, 15 years after voters passed the Compassionate Use Act.

Photo: The Washington Examiner
These buzzkill “No Toking” signs have been banned in Amsterdam.

​Only in the Netherlands! The city of Amsterdam said it will likely have to ban the “No Toking” signs it introduced in an attempt to discourage youths from using marijuana.

The Dutch government’s top legal adviser ruled that the city had no right to establish official zones where smoking cannabis isn’t allowed, since marijuana is already technically illegal in the Netherlands, reports The Associated Press.
In practice, possession of small amounts of weed is allowed, and both cannabis and its concentrated form, hashish, are sold openly in designated “coffee shops.”
When the “No Toking” signs first went up in 2007, they were stolen so often that the city started selling them as souvenirs.
City spokeswoman Iris Reshef admitted that Wednesday’s ruling likely means the buzzkill signs have to go, but the city can still fine young pot smokers who “cause problems.”

Graphic: CSMP

​Miami Beach, Florida voters may get a chance to vote on decriminalizing marijuana this fall, making it the first city in South Florida to reduce the penalty for pot to a $100 fine instead of criminal charges.

Sensible Florida (Committee for Sensible Marijuana Policy), a group which works to legalize cannabis, said it has collected more than double the number of signatures needed to put the measure on the ballot, reports Tim Elfrink at Miami New Times; normally, doubling the required number all-but-ensures that enough valid names are present to qualify.
The group said it will present 9,000 signatures at Miami Beach City Hall on Wednesday, July 13.

Photo: IN.gov
Cannabis grows beautifully in Indiana — witness the above, from Greens Fork last August (unfortunately busted after a tipster called it in).

​When Indiana state Senator Karen Tallian first floated the idea of introducing a bill to legalize marijuana, her Statehouse colleagues warned her it could kill her chances of being reelected. After all, conventional wisdom holds that pot legalization is a political third rail.

But Tallian (D-Portage), 60, a mother of three, thought there might be some public support for taking the crime out of cannabis, so she sent out an informal email survey to her constituents in northeast Indiana, reports Maureen Hayden at the CNHI Statehouse Bureau.
Within 72 hours of sending the email, she got more than 2,000 responses. Almost all of them were supportive, and most of those said Indiana should treat marijuana like alcohol: Control its sale and tax it as a revenue source.
“I was floored by the response,” Tallian said. Encouraged by the support, she filed a bill last January to begin a serious conversation about the issue.

Photo: Steve Elliott

​Safe access is in danger for medical marijuana patients in Seattle and across the state of Washington since Gov. Chris Gregoire vetoed most of a bill that would have legalized dispensaries in the state. But now, the Seattle City Council is attempting to license and regulate medical marijuana dispensaries in the state’s largest city.

After Gov. Gregoire’s veto — which she claimed was due to her concern that state workers would be arrested and federally prosecuted for administering the dispensary program, although that’s never happened in any medical marijuana state — patients across Washington are worried.

Graphic: CSMP

In a small but important success, a marijuana decriminalization measure has qualified for the ballot this fall in Miami Beach, Florida, and supporters have scheduled a rally for Wednesday, July 13, at 4:20 p.m.

“We are working to generate a huge crowd for this historic event,” said campaign organizer Eric Stevens of the Committee for Sensible Marijuana Policy (Sensible Florida). “We need to get as many people as possible at the rally.”
“One of our plans is to have planes with banners flying all around Miami Beach to let people know that this is happening,” Stevens said. “Imagine how cool it would be to see a plane flying overhead announcing a marijuana rally at City Hall on Miami Beach as we work to present the voices of thousands of people who signed the petition to change the marijuana laws!”

Photo: Roger Goodman for Congress
Roger Goodman: “Sorry, DOJ. Please give it another try.”

​Last week’s Department of Justice memo, supposedly meant to “clarify” the DOJ’s position on medical marijuana, doesn’t reflect any real changes in policy from prior administrations.

This latest “clarification” was seemingly needed after a prior “clarification” in 2009 gave many the impression that the DOJ would not prosecute medical marijuana patients and providers in states that had authorized such programs.
That 2009 document, called the “Ogden Memo,” did not actually provide for a hard change in policy, but rather directed U.S. Attorneys to be careful in how they use their limited department resources, suggesting that prosecuting medical marijuana patients is not a good use of government funds.

Photo: DEA
DEA Director Michelle Leonhart claims marijuana has no medical uses, and that it belongs on Schedule I with heroin.

​The U.S. federal government on Friday reiterated the same policy towards medical marijuana it has had for years, claiming the herb has “no accepted medical use” and that it has a high potential for abuse and addiction. The judgment came in response to a 2002 petition by medical marijuana advocates calling on the government to reclassify cannabis, currently a Schedule I drug with heroin, illegal for all uses.

The Drug Enforcement Administration (DEA) ruled that marijuana has “no currently accepted medical use in treatment in the United States,” has a “high potential for abuse,” and “lacks an acceptable level of safety for use even under medical supervision.”
Robotically mouthing meaningless platitudes, DEA Director Michelle Leonhart, without apparent irony, embarrassingly repeated the same unscientific nonsense that for years now has served as the federal government’s position on medical marijuana.
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