Browsing: Legislation

Photo: Matt Mernagh
The case was brought by prominent Canadian cannabis activist, patient and writer Matt Mernagh, above, a contributor to Toke of the Town.

An Ontario court has struck down Canada’s marijuana laws. The court struck down laws against possessing and growing cannabis as part of a ruling that found the country’s medical marijuana program is failing to provide access to the herb for patients who need it.

BUT. (And don’t you hate this?) That doesn’t mean smoking pot is legal yet, reports Adrian Morrow at The Globe and Mail. The federal government now has three months to launch an appeal or change its regulations to fix the problems identified by the court.
Justice Donald Taliano of the Ontario Superior Court struck down the Marihuana Medical Access Regulations, arguing they aren’t doing enough to ensure patients can obtain permission to use cannabis.

Photo: G. Creighton/10 News
Five medical marijuana activists including San Diego ASA’s Eugene Davidovich (closest to camera) were arrested at Tuesday’s City Council meeting

​Five medical marijuana activists staged a 45-minute sit-in Tuesday in the San Diego City Council chambers, protesting the final passage of a local medicinal cannabis ordinance which advocates say imposes a citywide de facto ban on collectives.

The set of strict zoning and public safety regulations for the dispensaries was passed on second reading by the Council, with no changes to what was approved the first time around, reports 10 News.
Passage came on a pair of 5-2 votes, despite vocal opposition among audience members who opposed the stringent regulations.

During the hearing, members of the “Stop the Ban Campaign” — a coalition of more than 20 local, state and national groups spearheaded by Canvass for a Cause and the San Diego chapter of Americans for Safe Access (ASA) — repeatedly chanted “We demand safe access,” disrupting the session, forcing the council to clear the chambers, and postponing a critical vote on the ordinance.

Graphic: Medical Marijuana Dispensaries Directory
Dispensaries already exist in at least King, Pierce and Snohomish counties, but if a new bill passes the Washington Legislature in 2011, they could operate statewide

​A bill which will protect medical marijuana patients from arrest and allow dispensaries has now passed both houses of the Washington Legislature, and will soon be headed for the Governor’s desk.

SB 5073 last month had already passed the Senate, and passed the Washington House late Monday afternoon on a 54-43 vote.
The bill clearly and unambiguously allows state-regulated medical marijuana dispensaries. While some dispensaries are already operating, clarity in Washington’s law is expected to help protect dispensary operators from costly litigation and possible convictions.
In addition, SB 5073, as amended, protects all medical marijuana patients from arrest — not just those who register with the state. Currently, no patients are protected from arrest, as has been the case since Washington voters overwhelmingly approved medical marijuana in 1998.

Photo: John Doe Radio

​Maryland will soon become the 16th state to remove criminal penalties for the use of marijuana for medical purposes. The Maryland Legislature has passed an affirmative defense bill abolishing criminal penalties for patients who use cannabis to relieve the effects of debilitating medical conditions.

After the House of Delegates approved an amended version of the bill over the weekend, the Senate on Monday approved those amendments, sending the bill to the desk of Governor Martin O’Malley. Aides to the Governor have indicated publicly he would sign a medical marijuana defense bill.
“With the passage of this bill, the General Assembly has let seriously ill patients know they are not criminals for seeking relief from their pain and suffering,” said Senator David Brinkley, the primary sponsor of the Senate bill. “It will also establish a framework to build on in moving forward with more comprehensive solutions so that some day soon patients will be able to obtain their medicine in dignity and not on street corners. I thank my colleagues in both chambers for today’s compassionate vote.”

Photo: Michael Gallacher/The Missoulian
Gov. Brian Schweitzer visits a medical marijuana dispensary in Missoula in June 2010. A bill to repeal the state’s medical marijuana law is now on the Governor’s desk, with a decision due this week.

​A bill which repeals the medical marijuana law overwhelmingly approved by Montana voters in 2004 is currently sitting on Governor Brian Schweitzer’s desk. If the Governor signs it, it becomes law, and an estimated 90 percent of medicinal cannabis patients in the state will become outlaws with the stroke of his pen. The Governor’s decision is expected this week.

Sen. Dave Wanzenreid spoke at a Cannabis Expo at the University of Montana over the weekend, telling the group “It’s time to contact your representatives,” reports Allyson Weller at KPAX News. Hearing from the people does make a difference, according to Wanzenreid.

Graphic: Patients for Medical Cannabis

​After a nine-year effort, one Maryland lawmaker may finally succeed this year in his quest to reduce criminal penalties for medical marijuana use.

Sen. David Brinkley (R-Frederick County) is one of the lead sponsors of a bill that would allow medical marijuana users to be found not guilty on criminal possession charges and would establish a study at a research university regarding the use of medicinal cannabis in general, reports Meg Tully at The Frederick News-Post.
The Maryland House of Delegates gave the bill a preliminary OK on Saturday. If the House acts — as scheduled — to vote on it Monday, then Brinkley said he thought the bill would become law.

Photo: Cannabis Culture
Under a joke amendment proposed by a Republican legislator in Washington, medical marijuana patients could order pizza on the state’s dime.

​It seems everyone’s a comedian when it comes to cannabis. Now a Washington legislator has added a joke pizza amendment to a bill which would expand the state’s medical marijuana law.

Rep. Glenn Anderson (F-Fall City) proposed a joke amendment requiring the state to reimburse medical marijuana patients for pizza the eat while legally high. Anderson’s amendment specifies it would not reimburse for more than three toppings, or for tips to pizza delivery drivers.
Philip Dawdy, spokesman for the Washington Cannabis Association, a trade group for the medical marijuana industry in the state, didn’t seem to mind the joke. “It’s the best amendment in the history of the Legislature,” Dawdy told reporter Jonathan Martin at The Seattle Times.
“The entire subject is rather cheesy,” Seattle Hempfest organizer Vivian McPeak told Toke of the Town. “All I am saying is give pizza chance.”
“Pizza is a no-no on renal diets but hey, as long as it’s government subsidized… after all, they’re concerned with our health, right?” medical marijuana patient/activist Ric Smith told us.

Photo: Keith Durflinger/SGVN
Robert Ortiz measures out medical marijuana for a patient at Whittier Hope Collective, Thursday, April 7, 2011. Whittier officials are considering capping at one the number of dispensaries allowed in the city, thus handing Ortiz a monopoly.

​The only legal medical marijuana dispensary in Whittier, California, may become a monopoly of one.

City officials, claiming to be concerned about a “potential influx” of pot shops, have proposed a cap of one of the number allowed, reports Mike Sprague at the Whittier Daily News.
The amendment to the zoning ordinance, recommended Monday on a 5-0 vote by the Planning Commission, is expected to go to the City Council at its meeting on May 10.
Assistant City Manager Jeff Collier claimed the cap of just one dispensary was based on the small number of Whittier residents holding state-authorized medical marijuana cards. There are supposedly only 22 in town.

Photo: Small Business Support

​The Maryland House of Delegates Judiciary Committee approved a bill, SB 308, on Thursday which would allow patients who use marijuana to treat medical conditions to use a medical necessity defense in court.

The bill would also create a panel to advise the Legislature on the best practices for creating a medical marijuana program for Maryland in 2012.
The Senate passed the bill by an overwhelming 41-6 vote on March 24, and will need to approve the bill again because of amendments made by the Judiciary Committee. Thursday’s committee vote was the biggest obstacle advocates faced in their effort to remove criminal penalties for medical marijuana users.
Sponsors of the measure had originally hoped to pass a comprehensive medical marijuana law that would have established dispensaries throughout the state and protected patients from arrest, but that plan was derailed when the Secretary of the Department of Health and Mental Hygiene voiced concerns over the cost of implementing it.

Graphic: Potspot 411

​Vermont’s medical marijuana dispensary bill survived a close call in the Senate Rules Committee on Thursday.

The bill, S. 17, which would allow up to four medicinal cannabis dispensaries in Vermont, was expected to be debated on the Senate floor this week, reports Terri Hallenbeck at the Burlington Free Press. But first, it had to make it through the Senate Rules Committee, because it didn’t meet the deadline for bills coming out of Senate committees.
“The Senate is being a little stricter with that rule this year,” Hallenbeck reports.
“It looked this morning like the bill might be killed by the rules committee,” Hallenback writes. Sen. Dick Mazza (D-Grand Isle/Crittenden), a member of the committee, is among those who don’t like the idea of legalizing marijuana dispensaries.
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