Legislation

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NM Medical Cannabis Law Will Continue For Now; Gov. Opposes

By Steve Elliott ~alapoet~ on February 6, 2011 Legislation, Medical

N.M. Gov. Susana Martinez opposes safe access for patients, and wants to repeal her state’s medical marijuana law.

New Mexico’s medical marijuana program will continue for now, although the state’s new Republican governor has made it clear she dos not support the law, which allows people with certain medical conditions to use cannabis.

Gov. Susana Martinez said during her campaign that the state’s medical marijuana law puts state employees in the position of violating federal law and she’d like it repealed, reports the Associated Press.

But she also said New Mexico had pressing budget issues, so repeal is “not a priority” in the 2011 legislative session.

Oakland City Atty. Tells Council: Hire Your Own Pot Farm Lawyer

By Steve Elliott ~alapoet~ on February 5, 2011 Growing, Legislation

Photo: nowtruth.wordpress.com

Oakland City Attorney John Russo doesn’t want to play Pot Farm with the City Council anymore.

Russo has delivered another blow to the city’s plans to license and tax large-scale marijuana farms — he’s withdrawn his legal advice and told the City Council to hire their own attorney.

In the letter Russo advises the council to retain outside counsel for the duration of the deliberations on the medical cannabis cultivation issue, reports Cecily Burt of The Oakland Tribune. He said that once an attorney has been secured, his office will turn over the files it has amassed so far.

Medical Marijuana Debate Gets Heated In San Bernardino

By Steve Elliott ~alapoet~ on February 4, 2011 Dispensaries, Legislation, Medical

Photo: ASA San Bernardino County

The debate over medical marijuana dispensaries grew heated Thursday morning at the San Bernardino County Planning Commission meeting, which was set to vote in the afternoon on a staff proposal to ban the facilities in unincorporated areas.

Outside the county government center shortly before the hearing, 30 to 60 advocates rallied in support of safe access to medical marijuana, reports Natasha Lindstrom of the Victorville Daily Press. Activists carried signs reading “Pills Kill,” “Collectives, Not Street Drugs” and “Marijuana = Medicine.”

Some of the patients smoked cannabis outside the government building as they protested, according to the Daily Press.

Meanwhile, those favoring a dispensary ban criticized the medical marijuana facilities, claiming they “increase crime and blight” in surrounding neighborhoods and are “widely abused by young adults.”

The Planning Commission, likely a bit taken aback by the vociferous debate on both sides, delayed a vote until February 17, so the issue remains unresolved for now.

Cannabis Advocates To GOP: Why Not Cut The DEA Budget?

By Steve Elliott ~alapoet~ on February 3, 2011 Legislation, News

With Republicans in the House claiming they want to cut down on spending for the next fiscal year, marijuana advocates are suggesting they should start with the Drug Enforcement Administration’s budget.

Trimming the federal largesse that keeps the DEA fat and happy makes sense. Billions of dollars are thrown away annually on a quixotic and foolish War On Marijuana that is not supported by the public, that never achieves its goals, and that sees as its victims not only families but civil liberties and respect for law enforcement, as well.

Steve Fox of the Marijuana Policy Project told TPM that the idea makes a lot of sense, reports Ryan J. Reilly.

Medical Marijuana Repeal Bill Faces Heavy Opposition In MT

By Steve Elliott ~alapoet~ on February 2, 2011 Legislation, Medical

Photo: Eliza Wiley/Independent Record

Kathy Moore of Three Forks, Montana waits at the Capitol in Helena to voice her opposition to House Bill 161, which would repeal the Medical Marijuana Act.

Opponents of a bill that would repeal a 2004 voter-passed medical marijuana law outnumbered supporters by 3-to-1 among those signed up to speak to the Montana House on Wednesday.

House Bill 161, sponsored by House Speaker Mike Milburn (R-Cascade) was at issue before the House Human Services Committee, reports Charles S. Johnson at The Billings Gazette. The preliminary count of people signed up to speak showed 86 opponents and 28 supporters of repealing the state’s medical marijuana law.

The committee took no immediate action on the bill.

Milburn complained about the huge increase in numbers of people obtaining medical marijuana cards, with more than 28,000 patients now in Montana. He bemoaned “what it has done to Montana” and its schools, cities and towns with “the increased use of marijuana by teens.”

“So it’s no longer an issue of medical marijuana,” Milburn claimed. “It’s an issue of marijuana. We’ve opened the floodgate. It’s like Hurricane Katrina. We’re not talking about the dikes holding back the water anymore. We’re talking about how do you rebuild the city.”

Marijuana Decrim In Arizona? Pot Could Become $100 Fine

By Steve Elliott ~alapoet~ on February 2, 2011 Legislation, News

Graphic: Reality Catcher

Arizonans could be paying only a $100 fine for possession of two ounces or less of marijuana if Rep. John Fillmore’s bill passes and is signed by the governor

The penalty for possession of two ounces or less of marijuana could soon carry a fine of only $100 in Arizona.

Pot isn’t a gateway drug, as critics claim, and all the time and money spent on marijuana prohibition would be better spent elsewhere, according to State Rep. John Fillmore (R-Apache Junction). Under his decriminalization bill, minor pot possession would become a petty offense, reports Ray Stern at Phoenix New Times.

Fillmore said he’s currently looking into how much money the state would save if his bill, HB 2228, passes.

Experts: Medical Marijuana Patient Registry Working In Oregon

By Steve Elliott ~alapoet~ on February 1, 2011 Legislation, Medical

Graphic: Potspot 411

Washington state has no medical marijuana patient registry, but the Legislature is considering following Oregon’s lead as part of a sweeping overhaul bill pending in Olympia.

Patients in Washington are anxious about the proposed registry, seeing it as an invasion of privacy and a tempting tool for police, who strongly favor it, reports Jonathan Martin at The Seattle Times. Reflecting those fears, the current proposal in Washington calls for a voluntary registry.

But Oregon’s 11-year experience with a mandatory registry has resulted in patient advocates, police, attorneys and health-care professionals describing it as the least controversial part of the Beaver State’s medical marijuana law.

Enforcement Of Colorado Marijuana Rules Begins March 1

By Steve Elliott ~alapoet~ on January 31, 2011 Legislation, Medical

Photo: Cannabis Therapy Institute

The MMED’s new badge and logo. Whoever thought they’d see a law enforcement badge with the words “medical marijuana” on it? Just in case we forget how they look at medical marijuana patients and providers, it has ‘CRIMINAL’ right up at the top and center.

The Medical Marijuana Enforcement Division (MMED) of the Colorado Department of Revenue said on Friday that “serious enforcement” of its 99 pages of new rules will begin on March 1. Public comment on the rules will be accepted until February 11.

The rule-making was necessary to implement HB 10-1284, a bill passed by the Colorado Legislature in 2010 which created Medical Marijuana Centers (MMCs), which is what legislators there call dispensaries.

The MMED concluded two days of rule-making hearings on January 28, taking testimony on the new dispensary rules. Even though the new rules will affect hundreds of dispensary applicants, fewer than 10 MMC applicants testified at the hearings.

Medical Marijuana Employment Rights Intro’d In CA Legislature

By Steve Elliott ~alapoet~ on January 31, 2011 Legislation, Medical, News

Graphic: Rose Law Group

California employers would be prevented from discriminating against medical marijuana patients under a bill introduced to the California Legislature on Thursday.

Senate Bill 129, introduced by State Senator Mark Leno (D-San Francisco), would not change the current law which prohibits employees from using medical marijuana at the workplace. “This bill is not about being under the influence while at work,” Sen. Leno said. “That’s against the law, and will remain so.”

According to Sen. Leno, his bill “simply establishes a medical cannabis patient’s right to work.”

Alabama Court Drug Testing Parents Of Juveniles In Trouble

By Steve Elliott ~alapoet~ on January 28, 2011 Legislation

Photo: Jody Parker/Alabamians for Compassionate Care

Alabama activist Loretta Nall: “I wonder how that judge would feel if he were made to piss in a cup because one of his kids got in trouble?”

A court in Shelby County, Alabama is drug testing the parents of juvenile children on probation, according to activist Loretta Nall.

“I got an email from a parent in Shelby County last night who has a juvenile child enrolled in drug court,” Nall writes on her blog. “This parent informed me that the judge (Kramer) forced a drug test on the spouse under threat of arrest ‘to prove the parents are good role models’ and that this is a standard procedure in Shelby County drug court.”

According to Nall, she had trouble believing her eyes.

“The parents of the juvenile haven’t violated any laws, they are not under the rule of any courts, no custody battles, no DHR or anything like that,” Nall said. “One of the the parents is a teacher. So how can they be forced to submit to court-ordered drug testing?”

“I wonder how that judge would feel if he were made to piss in a cup because one of his kids got in trouble?” Nall commented on her Facebook wall. “You’d see an uproar if that were the case.”

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