Move Toward "Medicalization" Grows In US, Internationally

Get Involved! Organizations working on medical marijuana issues include:
The Coalition for Medical Marijuana
Americans for Safe Access
Marijuana Policy Project
NORML
Drug Policy Alliance
Voter Power

Hep C Victim Ineligible For Transplant Due To Medical Marijuana Use Dies

Timothy Garon was a Seattle-area man suffering from Hepatitis C who had a recommendation for medical marijuana from his physician for pain relief and nausea and also as an appetite stimulant. He was denied a spot on the transplant list at two of his local hospitals, allegedly largely because of his medical marijuana use, Shortly afterward, Tim Garon died.

The Associated Press reported on May 3, 2008 ("Is Medical-Marijuana Use Reason to Deny Someone an Organ Tranplant?") that "Timothy Garon, 56, used marijuana to ease the symptoms of advanced hepatitis C. Dr. Brad Roter, the physician who authorized Garon to smoke pot to alleviate nausea and abdominal pain and to stimulate his appetite -- a use authorized under a Washington state law approved by voters in 1998 -- said he had not known it would be such a hurdle if Garon were to need a transplant. Garon died Thursday, one week after he said he learned from his doctor that a University of Washington Medical Center committee had again denied him a spot on the liver-transplant list. 'He said I'm going to die, with such conviction,' Garon said then. 'I'm not angry, I'm not mad, I'm just confused.' His death at Bailey-Boushay House, an intensive-care nursing center, was confirmed Friday by his lawyer, Douglas Hiatt, and Alisha Mark, a spokeswoman for Virginia Mason Medical Center, which operates Bailey-Boushay."

The Associated Press reported on April 27, 2008 ("Patients Using Medical Marijuana Can Be Denied Transplants") that "His liver, ravaged by hepatitis C, is failing. Without a new one, his doctors tell him, he will be dead in days. But Garon's been refused a spot on the transplant list, largely because he has used marijuana, even though it was legally approved for medical reasons."

According to AP, "Most transplant centers struggle with how to deal with people who have used marijuana, said Dr. Robert Sade, director of the Institute of Human Values in Health Care at the Medical University of South Carolina. 'Marijuana, unlike alcohol, has no direct effect on the liver. It is however a concern ... in that it's a potential indicator of an addictive personality,' Sade said. The Virginia-based United Network for Organ Sharing, which oversees the nation's transplant system, leaves it to individual hospitals to develop criteria for transplant candidates. At some, people who use 'illicit substances' -- including medical marijuana, even in states that allow it -- are automatically rejected. At others, such as the UCLA Medical Center, patients are given a chance to reapply if they stay clean for six months. Marijuana is illegal under federal law."

AP noted that "Garon believes he got hepatitis by sharing needles with 'speed freaks' as a teenager. In recent years, he said, pot has been the only drug he's used. In December, he was arrested for growing marijuana. Garon, who has been hospitalized or in hospice care for two months straight, said he turned to the university hospital after Seattle's Harborview Medical Center told him he needed six months of abstinence. The university also denied him but said it would reconsider if he enrolled in a 60-day drug-treatment program. Last week, at the urging of Garon's lawyer, the university's transplant team reconsidered anyway, but it stuck to its decision."

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Barack Obama Speaking About Medical Marijuana

From "He favors long-term timber-payments solution," The Mail-Tribune (Medford, OR), March 23, 2008:

Q: A couple of other issues of interest to Oregonians involve initiatives passed by the voters that have come into conflict with the federal government: physician-assisted suicide and medical marijuana. Do you support those two concepts?

A: I am in favor of palliative medicine in circumstances where someone is terminally ill. ... I'm mindful of the legitimate interests of states to prevent a slide from palliative treatments into euthanasia. On the other hand, I think that the people of Oregon did a service for the country in recognizing that as the population gets older we've got to think about issues of end-of-life care. ...

As for medical marijuana ... I'm not familiar with all the details of the initiative that was passed, but I think the basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that's entirely appropriate. ...

I'm not going to be using Justice Department resources to try to circumvent state laws on this issue.

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Major American Physicians Organization Endorses Medical Marijuana

The American College of Physicians has endorsed easing restrictions on medical marijuana. From their webpage: "Additional research is needed to further clarify the therapeutic value of cannabinoids and determine optimal routes of administration. Unfortunately, research expansion has been hindered by a complicated federal approval process, limited availability of research-grade marijuana, and the debate over legalization. ACP believes the science on medical marijuana should not be obscured or hindered by the debate surrounding the legalization of marijuana for general use." The ACP's full position paper on the subject is available by clicking here.

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Marijuana Vending Machines

A new vending machine product is now available in California: medical marijuana. However, according to the January 29, 2008 Los Angeles Daily News ("Marijuana machines could be cure for inconvenience")'Not just anyone can pop some coins in and get some bud. The machine, developed by Los Angeles medical-marijuana dispensary owner Vincent Mehdizadeh, gives up to an ounce of pot per week only to preapproved patients. The specialized machine installed Monday at Herbal Nutrition Center - a medical-marijuana dispensary on La Cienega Boulevard - requires fingerprint identification as well as a special prepaid card."

The article states, "Mehdizadeh's machine is far from the standard potato-chip model. The black, armored box is bolted to the floor at the entrance to the dispensary. It has a card swiper, a video camera that also takes a snapshot of any user and adds it to a database, and is protected by armed security guards.Mehdizadeh said he has been trying to reach out to City Council members and persuade them that the machine is a key way to regulate the industry because it includes an automatic database. Mehdizadeh said the machines also could allow dispensaries to sell pot at lower prices because of reduced overhead costs."

"But even some of the most devoted defenders of medical marijuana question the idea of pot vending machines. 'This is bittersweet in that it shows great entrepreneurship - but opens up terrific avenues of ridicule,' said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws. St. Pierre said that whatever happens, Mehdizadeh's machine will likely be a milestone in the medical-marijuana movement.'Of the little benchmarks over a 15-year period, this machine will probably be one of them,' he said. 'Whether they continue to exist or not."

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Smoke a Joint, Lose a Job: CA Supreme Court Rules Employers Can Fire Workers for Medical Marijuana Use

The California Supreme Court has ruled that a positive drug test arising from medical marijuana use can be grounds for termination of employment.

The LA Times reported on Jan. 25, 2008 (Workers Can Be Fired For Using Medical Pot Off Duty, Court Rules) that "The California Supreme Court weakened the effect of the state's beleaguered medical marijuana law, ruling Thursday that employers may fire workers for using physician-recommended marijuana while off duty, even if it did not hurt their job performance. Supporters of medical marijuana immediately criticized the court's 5-2 ruling, saying it undermined the 1996 law, which prohibits the state from criminalizing the medical use of the drug. Hundreds of medical marijuana users have complained that they have been fired, threatened with termination or not hired by California companies because of their drug use, according to one advocacy group. In siding with employers, the California Supreme Court said the Compassionate Use Act passed by voters and later amended by the Legislature imposed no requirements on employers."

According to the Times, "The court majority upheld the firing of Gary Ross, an Air Force veteran whose doctor recommended marijuana for chronic back pain stemming from an injury in the military and whose disability qualified him for government benefits. Ross, 45, was hired by RagingWire Telecommunications Inc. in 2001 as a systems engineer. Before taking a required drug test, Ross provided a copy of his physician's recommendation for marijuana. The company fired him a week after he started the job because his test revealed that he had used marijuana. Ross sued the company on the grounds that it failed to accommodate his disability as required under a state anti-discrimination law. He contended that he had worked without any problems at other jobs in the same field since becoming a medical marijuana user. Lower courts, however, sided with the employer."

The Times noted that "Attorney Robert M. Pattison, who represented RagingWire Telecommunications, a Sacramento data center, said the ruling resolved questions that have troubled employers about the use of medical marijuana and did "not at all" eviscerate the marijuana law. 'In fact, the court makes it clear that the point here is the medical marijuana law doesn't address employment,' Pattison said."

Download a copy of the CA Supreme Court's decision in this case.

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DEA Threatens Los Angeles Landlords To Force Closure Of Dispensaries

The US Drug Enforcement Administration is threatening landlords in Los Angeles with seizure of their property and possible prison terms for renting to cannabis dispensaries. The Pasadenia Star-News reported on July 14, 2007 ("Pot Dispensaries Could Be Shut") that "County medical marijuana dispensaries are at risk of being shut down since landlords received a letter from a federal agency telling them they could lose their property or face up to 20 years in prison. 'Federal law allows for the seizure of assets, including real property, which have been used in conjunction with the distribution of controlled substances,' states the Drug Enforcement Administration letter, which was sent out last week in Los Angeles County. The letter also contends federal laws 'take precedence' over state laws, such as Proposition 215 and SB 420, which allow for medical marijuana use. Managers from at least two collectives say they might have to close their doors."

According to the Star-News, "Sarah Pullen, DEA spokeswoman, said the letters should not be viewed as a threat. 'We are literally just serving notice that these property owners are violating the law,' said Pullen. The DEA has not filed charges against any landowner at this point, according to Pullen. Chris Fusco of Americans for Safe Access, a medical marijuana advocacy group, said that landlords he had talked to were nervous but that he did not expect further action from the DEA. 'It is a little frightening,' he said. 'But if they intended to follow through on this, they already would have.' Pullen would not disclose how many property owners the DEA sent the letter to, but Fusco says the letter has gone out to at least 30 that he knows of. 'It's a shame that the DEA would use techniques on medical marijuana that are normally reserved for crack houses and meth labs,' said Fusco."

The Star-News noted that "The District Attorney's Office was not informed of the letters, according to spokeswoman Sandi Gibbons. Lt. Jim Whitten, of the Los Angeles Sheriff's Department Narcotics bureau, also said that he had not heard of the letters. The letter was not the first time that DEA took action against county dispensaries without notifying local authorities. In January, the DEA raided 11 dispensaries, detained 20 people, and seized thousands of pounds of marijuana. Despite the letter, some dispensaries are not worrying about whether they will stay open. 'At this point I am less concerned about my collective than about the effect on the entire community of medical marijuana patients,' said Josie, a manager at the Karma Collective in Van Nuys, who says her landlord has been 'supportive' of the dispensary."

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RI Legislature Overrides Governor's Veto Of Medical Marijuana Program

A bill to make Rhode Island's state medical marijuana program "permanent" has passed into law over the veto of Governor Donald Carcieri. The Drug War Chronicle reported on June 22, 2007 ("Rhode Island Legislature Overrides Veto to Make Law Permanent") that "On Wednesday, the Senate voted 29-4 to override, and on Thursday, the House followed suit with a lopsided 58-11 vote. Legislators last year passed a medical marijuana -- also vetoed by Carcieri and overridden -- but that law included a sunset provision. Without action by the legislature, it would have expired on June 30."

According to the Chronicle, ""The fact that this override passed by an even larger margin than the original override last year says everything you need to know about how well the law has worked, and how completely uncontroversial it's been," said Ray Warren, director of state policies for the Marijuana Policy Project. The national group worked with state residents organized into the Rhode Island Patient Advocacy Coalition to achieve victory in the legislature."

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Rell To Patients: Forget About It

Legislation in Connecticut which would have allowed patients in need to have legal access to their medicine was vetoed in mid-June. The Hartford Courant reported on June 20, 2007 ("Rell Vetoes Marijuana Bill") that "Gov. M. Jodi Rell vetoed legislation Tuesday that would have legalized the medical use of marijuana, saying that the bill was a well-intended, but flawed attempt to alleviate suffering. "I am not unfamiliar with the incredible pain and heartbreak associated with battling cancer," said Rell, who was treated for breast cancer 2 1/2 years ago. "I have struggled with the decision about signing or vetoing this bill." The legislation would have allowed patients with conditions such as cancer, epilepsy, glaucoma, multiple sclerosis or AIDS to grow up to four marijuana plants in their homes with a doctor's prescription. But in a three-page veto message, Rell said her sympathies for those with unmanageable pain did not overcome her concern that citizens still would have to break the law to obtain marijuana or marijuana seeds. "There are no pharmacies, storefronts or mail order catalogs where patients or caregivers can legally purchase marijuana plants or seeds," Rell said. "I am troubled by the fact that in essence, this bill forces law-abiding citizens to seek out drug dealers to make their marijuana purchases.""

The fact that patients currently have no recourse other than the illegal market, and that the bill would have given those patients protection from prosecution under state law, escaped the Governor.

According to the Courant, "The bill passed easily, 89-58 in the House and 23-13 in the Senate. But supporters are short of the votes necessary for a veto override: 24 in the Senate and 101 in the House. Sen. Andrew J. McDonald, D-Stamford, a proponent, said the veto is the result of Rell's failure to engage the legislature about her objections prior to passage. 'We've been trying to pass this for three years in a complicated legal and medical environment with little or no involvement from the governor or her staff,' McDonald said. McDonald said the bill decriminalized marijuana under narrow circumstances for patients unable to find relief from standard pharmacology."

The Courant noted that " During the House debate, Rep. Penny Bacchiochi, R-Somers, said she bought marijuana for her husband when he was dying of bone cancer. Bacchiochi, who could not be reached for comment Tuesday, said then: 'This bill is about our choice, our right and our responsibility to say we no longer choose to arrest sick people.'"

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New York State Assembly Approves Medical Marijuana Legislation

The New York State Assembly passed a measure to legalize medical marijuana in that state. Differences with the State Senate on the other hand may hamstring efforts. The New York Times reported on June 14, 2007 ("Legislators Grapple Over How To Legalize Medical Marijuana Use,") that "In New York, the Democratic-led Assembly passed a bill on Wednesday that would give doctors the authority to grant eligible patients a certification allowing them to legally acquire and use marijuana or to grow up to a dozen plants at a time. 'Thousands of New Yorkers with serious life-threatening conditions could get significant medical benefit from the use of marijuana,' said Assemblyman Richard N. Gottfried, a Manhattan Democrat. But it is not clear how these plants, or the seeds to grow them, would be acquired. The Assembly's bill says only that it would be lawful to give patients marijuana or seeds if 'nothing of value is transferred in return.'"

According to the Times however, "Senator Vincent N. Leibell, a Republican whose district includes Putnam County and parts of Westchester and Dutchess Counties, said he would introduce legislation that would take a different approach. He said he would prefer that the state's Health Department be in charge of growing and dispensing marijuana. "The key issue is control," he said. "How do you control manufacture, and how do you control dispensement? Those are the two issues that'll be out there." The Senate majority leader, Joseph L. Bruno, said that he supported the idea - he has supported efforts to legalize marijuana for medical use in the past - but that "the Assembly version doesn't work." He said he believed there was enough time left in the session to work out the differences, though lawmakers are grappling with a wide variety of issues in the five remaining days of the session."

The Times noted that "Mr. Spitzer, the former attorney general, has in the past been opposed to the idea. But he said on Tuesday that he had rethought his position. 'On many issues, hopefully you learn, you study, you evolve,' the governor said. 'This is one where I had, as a prosecutor, a presumption against the use of any narcotic which wasn't designed purely for medicinal and medical effect, and now there are ways that have persuaded me that it can be done properly.' But the governor said he would sign the bill only if it were 'properly structured'; he did not elaborate."

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Michigan Medical Marijuana Initiative Petition Approved For Circulation

An initiative petition to allow patients in need to have access to medical marijuana has been approved for circulation in the state of Michigan. The Lansing State Journal reported on June 7, 2007 ("Medical Marijuana Petition Approved") that "An effort to legalize marijuana for medical use in Michigan cleared a key procedural hurdle Wednesday. A state elections board approved the form of petitions being circulated by the Michigan Coalition for Compassionate Care. The group still needs to collect at least 304,101 valid signatures of Michigan voters within six months to send its issue to state lawmakers. If state lawmakers vote to accept the proposal, it becomes part of Michigan law. If the Legislature doesn't vote on the measure or rejects it, the initiative would appear on the November 2008 ballot."

According to the State Journal, "Campaign organizers want to collect about 550,000 signatures to make sure they will have enough valid ones when it comes time to certify their petitions. Michigan law prohibits marijuana use for any reason. But a dozen other states permit medicinal use by patients. Voters in five Michigan cities - Ann Arbor, Detroit, Ferndale, Flint and Traverse City - have passed ballot initiatives allowing for medicinal marijuana use in the past few years. The votes were mostly symbolic, however, since state and federal laws prohibit use of the drug."

The State Journal noted that "The statewide Michigan initiative would allow patients to grow and use small amounts of marijuana for relief from pain associated with cancer, AIDS, multiple sclerosis and other diseases. A doctor's approval or recommendation would be required to use the drug. Registry cards would be created so law enforcement personnel could tell who was a registered patient with the OK to use the drug."

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Legislature Expected To Override Governor's Veto In Rhode Island

As expected, Rhode Island Governor Donald Carcieri vetoed the medical marijuana legislation which reached his desk recently. Proponents have enough votes to override the governor. The Providence Journal reported June 5, 2007 ("Carcieri Vetoes Medical Marijuana") that "As expected, Governor Carcieri yesterday vetoed medical marijuana legislation. And Democratic House leader Gordon Fox said he believes state lawmakers will override that veto."

According to the Journal, "51 of 75 House members endorsed the measure. Forty-five votes, or three-fifths, are required to overturn a veto. The bill, known as the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, calls for permanently extending the medical marijuana law, which was due to expire this year under a sunset clause. 'I fully expect that we will place a vote to override the governor's medical marijuana veto on the floor calendar before the end of our session,' Fox said in a statement anticipating the veto. A prior vote on the bill 'made it clear that there is an overwhelming majority in the House willing to remove the sunset clause on this compassionate legislation.'"

The Journal noted that under the legislation, "A patient diagnosed as having a debilitating medical condition would be allowed to possess up to 12 marijuana plants and 2.5 ounces of marijuana. An adult who has agreed to help an ill person's medical use of marijuana - a caregiver - could have 12 plants and 2.5 ounces of marijuana for each of up to five qualified patients."

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Connecticut Medical Marijuana Legislation Goes To Governor For Approval

Legislation to allow patients in need to have access to medical marijuana has passed both houses of the state legislature and is on the way to the governor for approval. The Stamford Advocate reported on June 2, 2007 ("Medical Marijuana Bill Wins OK") that "The state Senate, in a 23-13 bipartisan vote, last night approved a bill to legalize the medical use of marijuana to relieve the suffering of patients with debilitating conditions such as cancer or AIDS. The legislation, approved May 23 by the House, 89-58, heads to Republican Gov. M. Jodi Rell for her signature. If the legislation becomes law, Connecticut will become the 13th state to allow the palliative use of marijuana despite the federal prohibition against it. 'She'll read it thoroughly and think it over,' Rell spokesman Adam Liegeot said."

According to the Advocate, "State Sen. Andrew McDonald, D-Stamford, introduced the legislation on the Senate floor. But the four other senators from southwestern Connecticut - Bob Duff, D-Norwalk; Judith Freedman, R-Westport; John McKinney, R-Fairfield; and William Nickerson, R-Greenwich - opposed the bill. The legislation passed last night would allow a doctor to certify an adult patient's use of marijuana after determining he or she has a debilitating condition and could potentially benefit from marijuana. Patients and their primary caregivers would then register with the state Department of Consumer Protection. The patient and the primary caregiver would be limited to growing no more than four plants, each having a maximum height of 4 feet, in an indoor secure facility."

The Advocate noted that "McDonald said afterward: 'It would still be illegal under federal law, although I can't point to one case in the country where the federal government has arrested somebody for purchasing marijuana seeds for medicinal purposes.' He said the bill could be challenged in federal court. 'But now we're going to have 13 states,' he said. 'I'm pretty certain we're close to a tipping point where the FDA will be forced into a position of funding studies they've consistently refused to undertake.'"

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Vermont Broadens Its Medical Marijuana Law

The Vermont State Legislature has passed a measure expanding the state's medical marijuana law. The bill will be enacted without the governor's signature. The Burlington Free Press reported on June 1, 2007 ("Medical Marijuana Law Expanded") that "Steve Perry of Randolph Center welcomed news Thursday that a bill expanding eligibility for the state's medical marijuana registry would become law -- even though the governor refused to sign it. Perry copes with a degenerative joint condition that causes severe pain and muscle spasms. Traditional painkillers fail to provide relief, he said, but marijuana has helped. Now he will be able to register with the Department of Public Safety and have protection from state prosecution while using the otherwise illegal drug. The bill broadened the eligibility established in Vermont's 2004 law by allowing those with chronic debilitating conditions, not just life-threatening diseases, to participate in the program. It also increases the number of plants that participants may grow at home and reduces the annual registration fee from $100 to $50. The marijuana bill is the fifth piece of legislation Gov. Jim Douglas has allowed to become law this year without his signature. Jason Gibbs, the governor's spokesman, said that generally Douglas exercises this option when he doesn't agree with the policy but recognizes a measure has strong support in the Legislature."

According to the Free Press, "'Why wouldn't he veto it if that is the way he really feels?' asked Senate President Pro Tempore Peter Shumlin, D-Windham. 'This is a wimp-out position.' Shumlin criticized the governor for using the no-sign option so frequently. Senate Majority Leader John Campbell, D-Windsor, agreed. 'I think what it says is that there was a lack of communication on many of the issues we were dealing with,' Campbell said. 'I would hope in the next session, if he or his staff have problems, we would have more in-depth conversations.'"

The Free Press noted that "Even with the new changes, 'it is still going to be very conservative compared to some of the other states,' said Dan Bernath, assistant communications director for the Marijuana Policy Project. Campbell championed the expansion of eligibility and relaxation of the limits on the number of plants. A former police officer, he said he understood the governor's concern about passing legislation contrary to federal law. 'We chose to look at the human side, to take a compassionate view.'"

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Ed Rosenthal Convicted In Retrial But Will Not Face More Punishment

Noted author and marijuana legalization advocate Ed Rosenthal was found guilty by a federal jury in his retrial on marijuana cultivation charges. The San Francisco Chronicle reported on May 30, 2007 ("Pot advocate convicted on three charges but 'ganja guru' won't face further punishment") that "Marijuana advocate Ed Rosenthal was convicted for a second time today of violating federal drug laws by growing pot plants for medical patients, but he faces no punishment for the felony convictions, apart from the one day in jail that he has already served. Rosenthal, 62, of Oakland, a well-known authority on cannabis cultivation, former columnist for High Times magazine and author of a recent book calling for legalization of marijuana, was convicted by a federal jury in San Francisco of three charges of illegal cultivation and conspiracy after a day of deliberations. He was acquitted of a fourth charge, and the jury deadlocked on a fifth charge."

According to the Chronicle, "A separate jury had convicted Rosenthal of similar charges in 2003, but the verdict was overturned by an appeals court because of misconduct by a juror who called a lawyer for advice during deliberations. The charges normally carry a sentence of at least five years in prison, but U.S. District Judge Charles Breyer imposed only a one-day sentence, saying Rosenthal had believed he was acting legally because Oakland had designated him as its agent in the city's medical marijuana program. Federal prosecutors tried to add charges of money-laundering and tax evasion for the retrial, but Breyer refused, saying the government was retaliating for Rosenthal's criticism of the case and his successful appeal. Prosecutors proceeded with the second trial, rejecting the judge's suggestion that they drop the case, but conceded that they could not seek additional punishment for Rosenthal."

The Chronicle noted that "In both trials, Breyer barred evidence that the marijuana was intended for medical use under Proposition 215, the 1996 California initiative allowing patients to use the drug with their doctor's approval. He also excluded evidence about Rosenthal's designation as an agent by the city of Oakland. Left without a defense, Rosenthal's lawyers called no witnesses at the retrial, and instead argued that the prosecution's case was tainted by the testimony of some of Rosenthal's former friends and business partners who had been granted leniency. Because of the judge's rulings, 'The jury was not allowed to hear valuable information it needed to make an unbiased and fair decision,' Rosenthal said today after the verdict. His defense lawyers said they would ask Breyer to throw out the convictions."

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Connecticut House Passes Medical Marijuana Bill

The Connecticut State House of Representatives approved legislation allowing patients in need to have access to medical marijuana. The Journal-Inquirer reported on May 24, 2007 ("Medical Marijuana Scores House Win") that "The fight to legalize marijuana use for medicinal purposes scored a big win Wednesday when it cleared the House of Representatives by 31 votes. The measure, which now heads to the Senate, was approved 89-58 after more than six hours of debate. 'We have the opportunity to give relief to Connecticut residents who are sick, who are dying, who are wasting away, who are losing their quality of life,' Rep. Penny Bacchiochi, R-Somers, said. 'And we can tell those Connecticut residents that the state of Connecticut no longer will prosecute you.' Over the past five years, Bacchiochi has become the legislature's leading advocate for legalizing marijuana use for those suffering from certain illnesses and injuries that cause prolonged, debilitating pain, such as cancer and multiple sclerosis."

According to the Journal-Inquirer, "Wednesday's win in the House might give legalization advocates their best chance yet of changing the law. In 2003, the House rejected a bill to legalize medicinal use by 15 votes. One year later advocates gained a small win when a legalization amendment narrowly was approved in the House, but the bill it was attached to subsequently was scrapped and never escaped that chamber. The marijuana legalization debate took a different route in 2005, starting in the Senate, which approved a bill by two votes. The House never took it up. If Senate approval can be obtained for the measure before the 2007 legislative session ends June 6, the bill would go to Gov. M. Jodi Rell's desk."

The Journal-Inquirer noted that "Rell said she hasn't decided whether to sign the measure, and made it clear she has some concerns with the bill as it currently stands. If the bill limited marijuana use to terminally ill patients, 'everyone would feel better about the language,' Rell said. But the governor quickly added she has mixed emotions, noting that many people have watched a family member or other loved one suffer from a painful illness. 'You would do anything in your power to alleviate that pain,' Rell said."

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Rhode Island Legislature Poised To Make Medical Marijuana Program Permanent

The State of Rhode Island's medical marijuana program could soon be made permanent. Legislation has passed both houses by large enough margins to survive a threatened veto by Governor Donald Carcieri. The Pawtucket Times reported on May 4, 2007 ("Marijuana Law Gets Senate Nod") that "Following in the footsteps of Wednesday's House vote, the Senate approved legislation Thursday to make the state's medical marijuana law permanent. The vote was 28-5, far exceeding the three-fifths vote required to survive the veto Gov. Donald Carcieri says is likely to come. The law that protects from arrest or prosecution patients who suffer from a debilitating medical condition as certified by a physician and one or two "caregivers" who help them procure, grow or use the drug, was passed over the governor's veto in January, 2006, it is set to expire on June 30 unless a so-called "sunset clause" is eliminated. The now-identical measures that passed the House and Senate this week do just that. Under General Assembly procedure, the House bill will now go to the Senate for passage and the Senate bill will go to the House. Then both bills will go to Carcieri, who said if the measures are similar to what was passed last year, which they are, he would probably veto them. He must do that within six days ( excluding Sundays ) from the date he receives the bills from the respective chambers."

According to the Times, "The bill is titled The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. Hawkins, who died three years ago of AIDS, was Perry's nephew and she said it was his struggle with the disease that inspired her to push for the legislation. Rep. Thomas Slater, himself a cancer patient, is the prime sponsor of the House bill. The law makes no provision for patients to obtain the drug, so they must buy it illegally on the black market. The law does not shield individuals from arrest or prosecution under federal law. Sen. Charles Levesque told colleagues, "The numerous people who came in and individually told us their experience was they had no desire to go down this road, they had no desire to put their friends down the road of obtaining an illegal substance, putting themselves at risk in doing so. But they said ultimately it was their only form of relief, the only thing that allowed them to eat, to sleep, to find any comfort when they had been suffering from a debilitating disease. "It was beyond my ability to look at these folks and say, I will not be prepared to give you that relief that you are begging us for," Levesque continued. "Boy, if that didn't make me feel humble, that someone had to come and ask me or any of us for that relief." Patients are allowed to possess up to 2.5 ounces of "useable marijuana" or 12 plants and they may designate one or two caregivers. A caregiver can serve up to five patients, but under amendments approved in both the House and Senate this week, may possess no more than 5 ounces of the drug or 24 plants."

Updates on the status of these bills, HB6005 and SB0791, are available from the Rhode Island General Assembly website and from the Rhode Island Patient Advocacy Coalition.

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IL Senate Votes No On Medical Marijuana Bill

The Illinois State Senate voted against SB650, that would have allowed some patients in Illinois to have access to medical marijuana. The St. Louis Post-Dispatch reported on May 11, 2007 ("Illinois Senate Votes Down Medical Marijuana Bill") that "The Illinois Senate, by a narrow 22-29 vote, turned down a bill that would have allowed doctors to prescribe the drug to patients suffering from painful, debilitating conditions such as cancer, multiple sclerosis or epilepsy. 'This is disappointing,' said Sen. John Cullerton, D-Chicago, the sponsor of the bill. 'I don't think people realize how popular this is in their districts. This is overwhelmingly supported.' Only one Republican, Sen. Dave Syverson, R-Rockford, voted for the bill, while 21 of the 37 Democrats voted for it."

According to the Post-Dispatch, "Much of the testimony in committee and debate on the Senate floor revolved around personal stories of chronically ill patients who illegally use marijuana to relieve their pain. 'I don't think sick people should be treated like criminals,' said Sen. Mike Jacobs, D-Moline. 'This is a choice a doctor ought to have' if there's demonstrated benefits of the drug for patients. Cullerton said he would keep working to get a similar bill passed before the Senate is scheduled to adjourn at the end of the month. Only 29 senators — less than half — voted against the bill. Persuading the four senators who voted present and the four who did not vote would give Cullerton the 30 votes needed for the bill to pass."

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MN Senate Passes Medical Marijuana

The Minnesota State Senate voted on May 1, 2007 to approve medical marijuana legislation. The bill, SF0345, passed 33-31.

The St. Paul Pioneer Press reported earlier on May 1 ("Legislature Poised To OK Marijuana For Medical Use") that "The House may soon follow - the measure survived its fifth committee hearing today on a 20-14 vote and will soon be on its way to a floor vote. Although there are differences between the House and Senate measures, both essentially would set up a state system allowing qualified patients to receive marijuana from special nonprofit organizations to ease their pain and symptoms. Backers believe that marijuana can help those patients in ways traditional drugs cannot."

According to the Pioneer Press, "Gov. Tim Pawlenty, like many law enforcement organizations, opposes the measure. He has said he will veto it."

The Pioneer Press noted that "To read the House measure, go to www.house.mn and search for hf655."

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New Mexico Approves Medical Marijuana

In early April 2007, New Mexico became the 12th state to approve legislation allowing patients in need to get access to medical marijuana. The Associated Press reported on April 3, 2007 ("Pot Now Legal For Serious Illness") that "Nearly three decades after medical marijuana first was approved in New Mexico, Gov. Bill Richardson on Monday signed a law authorizing the state Department of Health to give the drug to some seriously ill patients. New Mexico became the 12th state to legalize the use of marijuana for medical reasons. Richardson said the new law provides 'a humane option for New Mexicans living with cancer, HIV and other serious medical conditions.' The second-term governor is seeking the 2008 Democratic nomination, and Drug Policy Alliance New Mexico said he is the first presidential candidate to sign medical marijuana into law."

According to the AP, "The law is named in part after Lynn Pierson, a Vietnam veteran who was dying of lung cancer when he lobbied lawmakers for a medical marijuana bill, linked to a research program, that was passed in 1978. Pierson didn't live long enough to use the progam, which provided marijuana to cancer patients to relieve the nausea of chemotherapy. It lost its funding in 1986 and became defunct. Richardson's signing of the bill, which takes effect July 1, drew immediate criticism from White House drug czar John Walters, who had asked the governor not to sign it. Walters in an interview called it 'disappointing' and 'irresponsible.'

The AP noted that "New Mexico's health department will set up the program, which will be overseen by an eight-member board of physicians. Patients with certification from their doctors could apply to the state agency, which would issue identification cards. The health department must obtain the marijuana from production facilities in the state 'housed on secure grounds and operated by licensed producers.' Patients could not grow their own. 'So we have the proper safeguards,' Richardson said at a news conference. The department is supposed to issue rules for the program in the fall. The governor estimated 200 people could use the program. 'It's a humane piece of legislation. It does not mean I support legalizing marijuana,' Richardson said. 'It means that we are alleviating suffering ... and I must tell you, I was overcome by the personal stories of pain and the personal appeals I got.' The governor said he had heard from law enforcement agencies unhappy with the new law, and he acknowledged it may be unpopular with others as well. 'So be it,' he said."

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Angel Raich Loses At Federal Appeals Court

A Federal appeals court in San Francisco turned down an appeal by medical marijuana patient and activist Angel Raich. The New York Times on March 15, 2007 ("Dying Woman Loses Appeal On Marijuana As Medication") reported that "Federal appellate judges here ruled Wednesday that a terminally ill woman using marijuana was not immune to federal prosecution simply because of her condition, and in a separate case a federal judge dismissed most of the charges against a prominent advocate for the medicinal use of the drug. The woman, Angel McClary Raich, says she uses marijuana on doctors' recommendation to treat an inoperable brain tumor and a battery of other serious ailments. Ms. Raich, 41, asserts that the drug effectively keeps her alive, by stimulating appetite and relieving pain, in a way that prescription drugs do not."

According to the Times, "On Wednesday, a three-judge panel of the United States Court of Appeals for the Ninth Circuit found that while they sympathized with Ms. Raich's plight and had seen 'uncontroverted evidence' that she needed marijuana to survive, she lacked the legal grounds to exempt herself from federal law. The court 'recognizes the use of marijuana for medical purposes is gaining traction,' the decision read. 'But that legal recognition has not yet reached the point where a conclusion can be drawn that the right to use medical marijuana is 'fundamental.' '"

The Times noted that "Graham Boyd, director of the Drug Law Reform Project of the American Civil Liberties Union, which has an unrelated medical marijuana case pending before a federal judge in San Jose, said the decision in Ms. Raich's case was a setback for the movement but not a crippling one. 'Today is just one chapter in a story that is still not over,' Mr. Boyd said Robert Raich, Ms. Raich's husband and lawyer, said she might appeal the case to the full Ninth Circuit."

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Flint, MI Approves Medical Marijuana

The city of Flint, MI, voted to allow patients in need to have access to medical marijuana. The Saginaw News reported on March 4, 2007 ("Flint Pot Vote Raises Awareness") that "By a 1,777-1,101 vote, Flint became the fifth Michigan city to approve legally puffing pot for health reasons. Use remains illegal under state and federal law. Officials reminded Flint residents not to start loading up their hookah pipes -- or face the consequences. Other Michigan cities that have approved medical pot-use measures are Ann Arbor, Detroit, Ferndale and Traverse City. Lansing is the next target, says NORML, a pro-marijuana outfit, and the goal is to get a medical dope initiative on the statewide ballot. Medical marijuana use is legal in 11 states."

According to the News, "Whether marijuana is safer or a more effective painkiller than, say, OxyContin is debatable, but some users think so. Cancer patients who have tried it say pot works best at inducing appetite. It has beneficial uses, and we're sympathetic to those who use it legally. The biggest fear coming from law enforcement circles is that legalized medical marijuana use could lead to additional abuse and wider recreational use. Yet the abuse of prescription drugs, the International Narcotics Control Board said last week, is about to exceed the use of "practically all illicit drugs with the exception of cannibis." The board, an offshoot of the United Nations, said the number of Americans abusing prescription drugs nearly doubled between 1992 and 2003, to 15.1 million from 7.8 million people."

The News noted that "A free and compassionate society ought to understand common sense trumps perceptions of a drug that may be less dangerous than prescriptions. It's time to take a deep breath -- inhale -- and place sick people ahead of ideology. The Flint vote and the others before it indicate that more people realize marijuana, like other drugs used properly, is not always evil."

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Vermont Senate To Decide On Medical Marijuana Legislation

The Vermont State Senate will debate legislation to allow authorized medical marijuana patients to grow and possess an adequate supply of cannabis. The Bennington Banner reported on Feb. 21, 2007 ("Senate To See Rx Marijuana Bill") that "A new medical marijuana bill is close to reaching the Senate floor after it unanimously passed in the Senate Health and Welfare Committee Tuesday. Health and Welfare Committee Chairman Sen. Doug Racine, D-Chittenden, said the bill, S.07, introduced by Sen. Dick Sears, D-Bennington, is bound for the Senate Finance Committee because changes to a fee are included in the bill. That is likely to be a formality, however, and the legislation should reach the Senate floor shortly, according Racine. The purpose of the bill is to raise the amount of marijuana a registered patient can possess to six mature plants, 18 immature plants and four ounces of usable marijuana. Current law only allows for one mature plant, two immature plants and two ounces of usable marijuana. In addition, the registration fee for patients would be reduced from $100 to $50."

According to the Banner, " The committee considered two amendments to the bill, approving one Tuesday that will restrict who is eligible to prescribe medical marijuana for a patient, said Racine. In the committee's view, the definition of a physician within the bill needed to be narrowed to protect against abuse, he said. 'We thought the definition was too loose in the bill that was received,' said Racine. According to Racine, the amendment clarifies which out-of-state physicians will be allowed to write a prescription for marijuana. The original version of the bill says that any person that is licensed ... 'and is licensed with authority to prescribe drugs' is considered an eligible physician. The amendment will limit eligible physicians to those that 'practice medicine and prescribe drugs under comparable provisions in New Hampshire, Massachusetts and New York,' said Racine. The committee wanted to accommodate Vermont residents who have doctors or specialists in bordering states, but restrict patients from seeking far-off doctors to write them a prescription, said Racine."

The Banner noted that " Vermont became the 10th state in 2004 to pass medical marijuana legislation and is now one of 11 states that allow medical marijuana use. There are currently has 33 registered patients. Sears' bill also expands the number of conditions that would qualify for medical marijuana. In addition to ailments such as cancer, AIDS and multiple sclerosis, the bill would allow for patients with glaucoma, cachexia, wasting syndrome and severe pain, nausea or seizures."

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UK Tory Leader David Cameron Endorses Legalization Of Medical Marijuana

David Cameron, the leader of the Conservative (Tory) Party in England, has endorsed the legalization of medical marijuana. The Independent reported on Jan. 22, 2007 ("Cameron Calls For Legalisation Of 'Medical Marijuana') that "David Cameron has supported calls for cannabis to be legalised for medical use provided that clear health benefits can be shown. The Tory leader, who has refused to answer media questions about whether he used drugs before entering politics, ruled out a wider legalisation of cannabis for recreational use. Answering questions on his 'webcameron' website, he said: 'If it can be proved that there are real benefits, medicinal benefits and scientific evidence for it, I would be relaxed about that. My decision would be to licence it if it could be proved to have benefits.' The pledge will be welcomed by campaigners who claim that cannabis can ease the symptoms of illnesses such as multiple sclerosis, but it may worry Tory traditionalists."

According to the Independent, "Mr Cameron will launch a new Tory health policy today vowing to sweep away many of the targets Labour has imposed on the NHS. The Tories will call for all GPs to take control of budgets, currently held by primary care trusts, and be rewarded for improving outcomes. GP fundholding was used by the Tory government before 1997, but it was scrapped by Labour."

The Independent noted that "Mo Mowlam, the former cabinet minister who died in 2005, fought for cannabis to be made legal for medical use. Although the Home Office set up investigations into the drug's possible benefits, the impetus appears to have stalled."

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Court Throws Out County Suit Over Medical Marijuana Law

A lawsuit filed by three counties challenging California's medical marijuana law was rejected. The North County Times reported on Dec. 7, 2006 ("Judge Tosses County's Medical Marijuana Challenge") that "Medical marijuana advocates declared victory and San Diego County officials mentioned the word "appeal" Wednesday when a Superior Court judge rejected -- for the second time -- the county's controversial challenge to overturn California's "Compassionate Use" act. Superior Court Judge William R. Nevitt, reaffirming the tentative ruling he issued Nov. 16, rejected the county's argument that California's voter-approved Compassionate Use act should be pre-empted by federal law."

According to the Times, "San Diego County supervisors, in a move that angered local medical marijuana patients and national advocacy groups, voted to try to overturn the law in December 2005. Supervisors said the Compassionate Use act was 'bad law' and would promote drug abuse. But Judge Nevitt, in his final ruling Wednesday, said the county failed to prove that the state law was in legal conflict with the federal law. He also ruled the state law did not 'require' people to break the federal law, as the county's pre-emption argument claimed. Nevitt said the county's pre-emption argument failed because a corollary to the U.S. Constitution's 'Supremacy Clause' -- which says federal law should be 'supreme' over state laws -- says state laws could take precedence over federal laws in some cases."

The Times noted that "John Sansone, the county's top lawyer, said Wednesday afternoon that supervisors would meet in closed session Tuesday to decide whether they want to appeal Nevitt's ruling. Bill Horn, the county board's chairman, did not return calls Wednesday. Sansone, meanwhile, said he would advise the supervisors that he believed an appeal could be successful. Medical marijuana advocacy groups, however, said Nevitt's ruling was clear. They called on the county to immediately obey California's law by issuing identification cards to valid medical marijuana users."

Before their meeting county officials will hear from local residents who support the state's medical marijuana laws. The North County Times reported on Dec. 10, 2006 ("Patients Say They'll Appeal To County Over Medical Marijuana Law") that "The discussion is set to be held behind closed doors. But at least a couple of local medical marijuana users hope to get a chance Tuesday to try to talk county supervisors out of appealing last week's court decision to throw out the county's controversial bid to overturn California's medical marijuana law. 'I want to try to appeal to their humanity,' Vista resident, business owner, husband, father and spinal cord victim Craig McClain said Friday. 'Yes, definitely, I'll be there.' Rudy Reyes, a Cedar fire burn victim, said he also planned to come to Tuesday's meeting to speak. 'I'm going in next week to say, 'Stop it, we don't need you guys to continue with this, it's an abuse of our tax dollars,' ' Reyes said."

The Times reported that "On Tuesday, supervisors will meet for the first time since Nevitt's ruling. They are scheduled to talk in closed session about where they go now on the medical marijuana issue, and whether they should appeal. Supervisors have talked little about the case since the lawsuit was filed last year. But they have hinted all along that they would probably appeal. Last week, board Chairman Bill Horn did not return calls after Nevitt's decision, and supervisors in general did not respond three weeks earlier when Nevitt issued a tentative ruling initially dismissing the county's suit. John Sansone, the county's top lawyer, said last week that he felt that Nevitt's ruling was extremely thorough. But he also said that county lawyers still believed in their legal argument, and felt that an appeal could be successful. Sansone said that was what he would advise county board members Tuesday in closed session, but that it was up to them to decide whether to continue the challenge."

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General Election 2006 – South Dakota Fails To Pass Medical Marijuana Initiative

Voters in the state of South Dakota decided not to pass a medical marijuana initiative on the 2006 general election ballot. The Sioux Falls Argus Leader reported on Nov. 8, 2006 ( "Support Short For Medical Marijuana") that "A movement to legalize the use of marijuana for medical uses was headed for defeat with partial election results available late Tuesday. South Dakota's Initiated Measure 4 was patterned after laws in 11 states. Passage looked doubtful at 11 p.m. with 141,734 votes against legalized use compared with 127,713 votes in favor, a 53-47 margin, with 743 precincts out of 818 reporting."

According to the Argus Leader, "Those in favor argued in part that marijuana can relieve seriously ill patients' discomfort and even save lives. But under South Dakota law, patients who use it face a year in prison and a $2,000 fine. Support came from a group called South Dakotans for Medical Marijuana. A spokesman, Tony Ryan of Sioux Falls, was a police officer in Denver for 36 years. He has family members who suffer from cerebral palsy and multiple sclerosis. 'It would be an option,' Ryan said. 'They don't need it now, but there might be a day when they need it.' Valerie Hannah of Deerfield supported passage. She uses marijuana in a vaporized form to ease chronic pain of nerve damage she suffered from nerve gas in the Gulf War. Hannah said legal drugs such as morphine make her feel 'like a zombie' and put her in a stupor. 'If it fails, of course it's a disappointment, and very terrifying,' she said. 'I think we need to provide voters with a better education.'"

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Federal Grand Jury Reindicts Ed Rosenthal

A federal grand jury has reindicted famed cannabis activist and gardening expert Ed Rosenthal. The Oakland Tribune reported on October 13, 2006 ("'Ganja Guru' Reindicted On Pot-Related Charges") that "Oakland 'Guru of Ganja' Ed Rosenthal was reindicted by a federal grand jury Thursday on a host of marijuana-related charges, roughly six months after an appeals court tossed out his earlier convictions. The superseding indictment filed Thursday contains 25 counts against Rosenthal, 61, and two of his original co-defendants, Kenneth Hayes and Richard Watts. Rosenthal faces 14 counts including conspiracy, use of a place to manufacture marijuana for distribution, manufacturing marijuana for distribution, laundering money from marijuana sales, and filing false tax returns. 'I knew they had a grand jury but I didn't know what was going to happen,' Rosenthal said Thursday night. 'What they're trying to do with these indictments and with my continued persecution is to close down all of the dispensaries in California, to deprive people of their medicine.' 'It's not the way I planned to spend my time for the next year but I'm resigned to it,' he said, describing himself as an 'everyman' who won't be cowed. 'Most people considering their circumstances for one reason or another are forced to give in under the weight of government pressure. I'm not only standing up for dispensaries but for all these people who've been harassed and hounded by the government.'"

According to the Tribune, "Famed for his marijuana cultivation books and the "Ask Ed" column he wrote for High Times magazine, Rosenthal was convicted of three marijuana-growing felonies in 2003, more than a year after federal agents raided sites including his Oakland home, an Oakland warehouse in which he was growing marijuana, and a San Francisco medical marijuana club he supplied. Medical use of marijuana on a doctor's recommendation is legal under state law but prohibited by federal law, so Rosenthal was barred from mounting a medical defense at trial. Breyer sentenced him to one day behind bars -- time he'd already served. The 9th U.S. Circuit Court of Appeals overturned his convictions in April, finding juror misconduct -- a juror's conversation with an attorney-friend during deliberations -- compromised Rosenthal's right to a fair verdict and so warranted a new trial. But the court also rejected Rosenthal's claim of immunity from prosecution as an officer of Oakland who grew the drug under the city's medical marijuana ordinance. The court in July refused Rosenthal's requests for rehearing or for an "en banc" rehearing by a larger panel."

The Tribune noted that "Watts was arrested and charged in the same 2002 raids which nabbed Rosenthal, but injuries sustained in a car accident have kept him from trial until now. Hayes fled to Canada to avoid prosecution. Thursday's indictment essentially claims Rosenthal from October 2001 through February 2002 conspired with Hayes and Watts to grow marijuana at sites on Sixth Street in San Francisco and on Mandela Parkway in Oakland, laundered marijuana proceeds by buying four money orders totaling $1,854 during that time and falsified tax returns for 1999, 2000 and 2001 by omitting income from his marijuana distribution. Hayes and Watts face similar, related charges."

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Federal Grand Jury Looks At Ed Rosenthal

Before starting his new trial, Ed Rosenthal has been the subject of a new federal grand jury investigation. The Oakland Tribune reported on Aug. 31, 2006 ("Feds Take Aim At 'Guru Of Ganja'") that "Federal prosecutors not only are preparing to retry Oakland 'Guru of Ganja' Ed Rosenthal, but seem to be searching for more charges to file against him. Rosenthal, 61, was in federal court Wednesday for the first time since his 2003 convictions were overturned earlier this year. U.S. District Judge Charles Breyer ordered him to return Sept. 13, when he and attorneys will try to set a trial date. 'The government might want to take a hard look at this case, is my suggestion,' said Breyer as the brief status hearing ended. Outside, Rosenthal's attorney, William Simpich of Oakland, said he took that parting comment to mean the judge believes 'this case should be terminated.' But William Dolphin, a spokesman for the Oakland-based medical marijuana advocacy group Americans for Safe Access, said Wednesday at least two witnesses appeared under subpoena last Thursday before a federal grand jury in San Francisco that's probing Rosenthal's activities over a wider range of time than the original case included - -- possibly a prelude to new charges."

According to the Tribune, "Those two people, who for now wish to remain anonymous, both invoked their Fifth Amendment rights against self-incrimination, Dolphin said. They're to appear before the grand jury again today, perhaps to be offered immunity from prosecution in exchange for their testimony; this could leave them to choose between testifying or being jailed for civil contempt of court."

The Tribune noted that "Medical use of marijuana on a doctor's recommendation is legal under state law but prohibited by federal law, so Rosenthal was barred from mounting a medical defense at trial. Breyer sentenced him to one day behind bars -- time he'd already served. The 9th U.S. Circuit Court of Appeals overturned his convictions in April, finding juror misconduct -- a juror's conversation with an attorney-friend during deliberations -- compromised Rosenthal's right to a fair verdict and so warranted a new trial. But the court also rejected Rosenthal's claim of immunity from prosecution as an officer of Oakland who grew the drug under the city's medical marijuana ordinance. The court in July refused Rosenthal's requests for rehearing, or for an 'en banc' rehearing by a larger panel. Simpich told Breyer on Wednesday that Rosenthal's team of lawyers by Oct. 15 will file a petition seeking the U.S. Supreme Court's review. But Breyer said the 9th Circuit's Aug. 16 remand of the case requires that a retrial be scheduled within 70 days of that date."

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Court Ruling Allows Patients, Advocates To Oppose San Diego County In Lawsuit

Patients and their advocates, including the ACLU, will be allowed to join in defending against the suit by the San Diego County Board of Supervisors aimed at overturning California's medical marijuana laws. The San Diego Union-Tribune reported on August 5, 2006 ("Ruling Lets ACLU, Others Join Suit") that "The ACLU and other groups backing medical marijuana use are joining the defense against the county's lawsuit challenging the Compassionate Use Act. The county filed suit in San Diego Superior Court contending that state laws allowing medicinal use of marijuana are superseded by federal laws banning drug use and possession. The suit was filed in February against San Diego NORML - the National Organization for the Reform of Marijuana Laws - after the county Board of Supervisors refused to implement part of the state law requiring counties to issue identification cards to medical marijuana users that could protect them from prosecution. The counties of San Bernardino and Merced later joined in the suit, on the county's side. Superior Court Judge William R. Nevitt Jr. ruled yesterday that the American Civil Liberties Union, Americans for Safe Access and the Drug Policy Alliance may join the suit on behalf of medical marijuana users."

According to the Union-Tribune, "Nevitt found the groups do have a direct interest in the lawsuit and will be allowed to intervene as long as they don't raise any new legal issues or seek to delay the case. The next hearing on the case, a motion for judgment, is scheduled for Nov. 16. 'We look forward to the opportunity to stand together with patients in defense of the rights of states to allow medicine to those in need,' ACLU lawyer David Blair-Loy said in a statement in response to the ruling. 'We are heartened that the court recognized the necessity of giving voice to those truly at risk from the counties' ill-conceived actions.'"

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Feds, County Police Raid Several Dispensaries In San Diego; At Least 15 Reported Arrested

Law enforcement agents raided several medical marijuana dispensaries in the San Diego area on Thursday, July 6, 2006. The San Diego Union-Tribune reported on July 7, 2006 ("15 Held In Raids On Pot Stores") that "Drug agents showed up at dispensaries in La Jolla, Ocean Beach, North Park and elsewhere across the city, detaining patients, running warrant checks on employees and arresting previously identified dispensary owners. Of the 15 people arrested, six face federal charges related to a grand jury indictment handed down late Wednesday, and 10 were charged by county prosecutors. One suspect, John Sullivan, 38, of San Diego, faces both federal and state charges."

According to the Union-Tribune, "Prosecutors took the unusual step of filing official complaints with the California Medical Board against four physicians who they said sell an inordinate number of recommendations for medical marijuana. The U.S. Supreme Court has ruled that doctors cannot be targeted for recommending that their patients use marijuana. The raids followed a December sweep by the same joint-agency narcotics task force. In that sweep, agents confiscated equipment and thousands of patient records but made no arrests. Investigators said much of the information seized then helped form the case that unfolded with Wednesday's grand jury indictments and yesterday's raids. District Attorney Bonnie Dumanis said her office decided not to target legitimate medical marijuana patients, who are protected under state law but remain vulnerable to prosecution under federal drug statutes. Rather, she said, her office was singling out dispensaries that indiscriminately sell marijuana to anyone who can produce a physician's recommendation. 'We support (medical marijuana) wholeheartedly, but Proposition 215 is being severely abused,' Dumanis said. 'It's just really gotten out of hand. . . . Those of us in law enforcement have tolerated it for too long.'"

The Union-Tribune noted that "Only one of the suspects arrested by federal agents – Sullivan – actually ran dispensaries. The other five men were accused of one count each of conspiracy to distribute marijuana and conspiracy to manufacture marijuana. They were Wayne Hudson, 42; Christopher Larkin, 34; Ross McManus, 39; and Michael Ragin, 34, all of San Diego; and Scott Wright, 40, of La Mesa. If convicted, they could face up to 40 years in prison. County prosecutors charged Sullivan and nine others: Ahmad Abdul-Jaiil, 21; Anthony Armine, 33; Aaron Ballenger, 21; William Burd, 29; Stephen Harding, 37; Christopher Jessie, 22; Jason Kaufmann, 30; Raphael Mijares, 35; and Daniel Stansfield, 30, all of San Diego. Those defendants face charges of selling marijuana and possession for sale, with penalties ranging up to four years in state prison."

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Hinchey-Rohrabacher Amendment Fails In 2006 House Vote
Supporters Vow To Continue Efforts For Medical Cannabis Approval

The House of Representatives once again failed to pass the Hinchey-Rohrabacher amendment, which would have prevented the US Justice Department and particularly the Drug Enforcement Administration from going after legal medical marijuana dispensaries. The Associated Press reported on June 29, 2006 ("House Votes To Continue Allowing Federal Prosecution Of Medical Marijuana Users") that "By a 259-163 vote, the House again turned down an amendment that would have blocked the Justice Department from prosecuting people in the 11 states with such medical marijuana laws."

According to AP, "The vote came as the House debated a $59.8 billion bill covering the departments of Commerce, Justice and State. 'If the voters have seen to it and a doctor agrees, it's a travesty for the government to intercede ... to get in the way of someone using something to alleviate their suffering,' said Rep. Dana Rohrabacher, R-Calif. 'This is something that should be left to the states as American tradition dictates.'"

Following is the full text of the Hinchey-Rohrabacher amendment:

At the end of the bill ( before the short title ), add the following:
TITLE VIII--ADDITIONAL GENERAL PROVISIONS
SEC. 801. None of the funds made available in this Act may used by the Department of Justice to prevent the States of Alaska, California, Colorado, Hawaii, Maine, Montana, Rhode Island, Nevada, Oregon, Vermont, or Washington from implementing State laws authorizing the use of medical marijuana, and the Attorney General shall transfer from available appropriations for the current fiscal year for the Department of Justice any amounts that would have been used for such purpose but for this section to ``Drug Enforcement Administration, Salaries and Expenses'', for the Drug Enforcement Administration to assist State and local law enforcement with proper removal and disposal of hazardous materials from illegal methamphetamine labs, including funding for training, technical assistance, a container program, and purchase of equipment to adequately remove and store hazardous material.

The results of the roll-call for the amendment are available from the House website.

A transcript of the House debate over the amendment is available through MAPinc.org website. Some excerpts follow.

Rep. David Obey, D-WI: "Mr. Chairman, I congratulate the authors of this amendment. I simply want to say this: If I am terminally ill, it is not anybody's business on this floor how I handle the pain or the illness or the sickness associated with that illness.
With all due respect to all of you, butt out. I did not enter this world with the permission of the Justice Department, and I am certainly not going to depart it by seeking their permission or that of any other authority.
The Congress has no business telling people that they cannot manage their illness or their pain any way they need to. I would trust any doctor in the country before I trust some of the daffy ducks in this institution to decide what I am supposed to do if I am terminally ill.
The idea that somehow this is a gateway that we are creating for a drug like meth is a joke. I detest meth. I have seen what it does. It is a plague on my district. It is especially horrendous in the midwest, and it is getting worse every day. That has nothing whatsoever to do with the management of pain and misery for people who are sick and who are dying.
When is this Congress going to recognize that individuals in their private lives have a right to manage their problems as they see fit without the permission of the big guy in the White House or the big guy in the Justice Department or any of the Lilliputians on this Congressional floor? Wake up."

Rep. Dana Rohrabacher, R-NY: "Our coalition of freedom-minded Republicans and Democrats on this issue is based on compassion for those who are suffering, a commitment to personal liberty and a firm belief in the principles of federalism.
The use of marijuana to relieve the pain of victims of a wide variety of medical conditions is well known and increasingly documented in the media and in medical journals. For many of these people, medical science has not been able to relieve their pain.
Just recently a friend of mine and a friend of many years passed away, Lyn Nofziger, and many of you here probably know him. He was Ronald Reagan's first press secretary. I went to see him after he got out of the hospital with his treatments for cancer.
He had his good days and his bad days. I saw him about a week before he died. And I asked Lyn about it, and he said, yes, sometimes it is bad, and other times it is not, but I could not get myself to eat, and I had the pain no matter what they did for me.
And I said, well, did you ever try that medical marijuana that we have been talking about and debating about? And he got a twinkle in his eye, and he said, yes, I did. And it brought my appetite back, and I slept like a baby. Do not tell me that we should have Federal law enforcement people come into a State where the people have voted to approve that if a doctor agrees and get in the way of Lyn Nofziger or anyone else who is suffering and use Federal money and Federal resources that should be going to fight crime in order to create that obstacle.
That is a travesty. Individuals who live in the 11 States affected by the amendment have been granted by the voters of these States the legal right to use marijuana to alleviate their pain if a doctor agrees. If the voters have so voted and a doctor agrees, it is a travesty for the government to intercede, the Federal Government, allocating our scarce resources to fighting this, getting in the way of someone using something to alleviate their suffering.
This is something which should be left to the States as American tradition dictates. Sandra Day O'Connor stated it best, and she stated that States should serve as a laboratory so that people can try certain new ideas out to see how they work.
Well, the Federal Government should not get in the way of what is going on in these 11 States to see how this works."

Rep. Maurice Hinchey, D-NY: "Mr. Chairman, this amendment has to do with two things: It has to do with compassion, compassion for people who are very seriously ill and/or dying, and the ability of States in which those people live to provide means by which their suffering can be relieved.
It also has to do with one other point, and that is the issue of States' rights, the ability of the States to determine how medical care will be regulated in those States.
We have 11 States in our country, Mr. Chairman, that have determined that it is in the interests of the people of those States that they be allowed to use marijuana for medicinal purposes to alleviate the suffering from such things as AIDS, cancer, glaucoma and multiple sclerosis: Alaska, California, Colorado, Hawaii, Maine, Montana, Rhode Island, Nevada, Oregon, Vermont and Washington. However, the Federal Government has decided that they are going to intervene and prevent those States from carrying out the laws which were passed in two cases by the State legislatures and in nine cases by referenda by the people of those States.
We will hear from the people who oppose this amendment that marijuana has something to do with a gateway drug. In other words, it introduces people to other drugs. This amendment has nothing whatsoever to do with that. This amendment has nothing to do with drug addiction. This amendment has nothing to do with the potential for drug addiction. This amendment simply has to do with the ability of States to relieve the suffering of their citizens without Federal intervention and the right of States to pass laws regulating medical practice without Federal intervention. It is a very simple amendment, and it ought to be passed. Those people here who believe in small government should support it. Those people here who believe in the issue of States' rights ought to support it. And those people here who believe that State governments and the people in those governments have the right to take care of their citizens and alleviate their suffering, those people in this House ought to support this amendment as well."

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Americans For Safe Access Opens DC Lobbying Office, Presses For Passage Of Hinchey-Rohrabacher Amendment

The medical marijuana organization Americans for Safe Access opened a Washington, DC lobbying office in May 2006. The Hill newspaper reported on June 21, 2006 ("New Lobbying Group Presses For Medical Marijuana Use") that "Americans for Safe Access ( ASA ), a nonprofit group funded by patients, doctors and researchers who support exploring marijuana's therapeutic potential, opened its Washington office last month and completed its first grassroots lobbying visits yesterday. ASA's two lobbyists and seven members, dubbed 'citizen experts,' met Rep. Maurice Hinchey ( D-N.Y. ), who will offer his traditional medical-marijuana amendment to the Justice Department appropriations bill when it hits the floor next week, and 20 more House members, most from the California delegation. California permits cannabis use for medical reasons, but the Supreme Court ruled last year in Gonzales v. Raich that the Drug Enforcement Administration ( DEA ) could legally raid the supply of state-sanctioned users. 'Eventually we do see legislation being put forth' to end the federal ban on marijuana research, said ASA's government-affairs director, Caren Woodson, 'but the first thing we need to happen is that patients and doctors in states with laws stop being harassed by DEA agents.' Hinchey's amendment, co-sponsored by Rep. Dana Rohrabacher ( R-Calif. ), would bar Justice from spending federal money on raiding stashes in California and nine other states with legalization laws."

More information about the Hinchey-Rohrabacher amendment can be found by clicking here.

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City Of West Hollywood Moves To Legalize Marijuana

The City Council for West Hollywood, CA, has adopted a resolution making marijuana laws the lowest priority for law enforcement. According to the Los Angeles Times on June 20, 2006 ("West Hollywood Wants To Legalize Pot Use"), "The City Council approved a resolution that urges the Los Angeles County Sheriff's Department to make marijuana-related offenses a 'low priority' that deputies should largely ignore. In doing so, it became the first city in Southern California to request that its law enforcement agency look the other way at recreational pot use and target only the sale of marijuana. The vote was taken despite concerns from some residents and top aides of Sheriff Lee Baca, who had urged the council to delay the vote. Councilman John Duran proposed the resolution, saying that deputies have more important things to worry about than arresting people with small amounts of pot. Instead, he said, deputies could focus on more destructive drugs like crystal methamphetamine. 'We've seen that marijuana use is certainly no more dangerous and destructive than alcohol use,' Duran said. 'The whole 'reefer madness' hysteria has worn thin.'"

The Times reported that "San Francisco and Oakland have passed similar rules. But unlike those cities, West Hollywood lacks its own police force. Instead it contracts with the county sheriff for police services. Sheriff's Department officials said they were worried about the message being sent if law enforcement was asked to selectively enforce state law. 'As sworn personnel they have certain obligations to uphold,' said Jeff Prang, a West Hollywood councilman who also is a special aide to Baca. Prang abstained on Monday's vote. The resolution passed 4 to 0."

The Times noted that "it is possible that voters in West Hollywood might end up deciding the issue. A group called the West Hollywood Civil Liberties Alliance had launched a campaign to put legalization on the ballot. Duran said the city compromised and agreed to sponsor its own resolution instead. 'Any time you run a special election, it could cost a small city like West Hollywood around $80,000,' Duran said. What's more, if put on the spot, the Sheriff's Department probably would oppose the initiative, Duran said. 'It would have been divisive and it would have been costly,' he said. Veteran West Hollywood attorney Bruce Margolin, who has represented hundreds of clients facing marijuana and other criminal charges, including Timothy Leary, hopes that the council's action is just the beginning. 'This is just another expression of the public saying, 'Stop putting people in jail for such benign conduct as the use of marijuana … because it doesn't really affect society in a way that is of great concern,'' he said."

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New Jersey Senate To Consider Medical Marijuana Legislation

A medical marijuana bill will at last get a hearing in the New Jersey Senate. The Ocean County Observer reported May 14, 2006 ( "Trenton Is Next Battleground In Marijuana Fight") that "With the announcement that a medical marijuana bill will be discussed by the state Senate in June, residents and officials in Ocean County - which has become an improbable battleground for the issue - are once again gearing up for a fight. Supporters like Jim Miller, a Dover Township resident whose wife used marijuana to relieve the symptoms of her multiple sclerosis, hailed the decision to hold a June 8 hearing. 'It's an important first step,' Miller, whose wife Cheryl died in 2003, said. Miller and other propo-nents of the legislation say that marijuana alleviates pain and relieves the effects of more traditional medications, perhaps most notably chemotherapy-induced nausea. Indeed, Miller said that he once used marijuana to relax his wife Cheryl's muscles enough that she could continue physical therapy. 'For many really ill people, that ( marijuana ) is their best medicine,' Miller said during a telephone interview this week."

According to the Observer, "State Sen. Joseph Vitale, D-Middlesex, who is chairman of a Senate health panel, is expected to hear from experts on medicinal marijuana during the June hearing. The legislative hearing would be the first for a bill long proposed by Sen. Nicholas Scutari, D-Union. The Assembly hasn't scheduled any hearings on the bill, but Gov. Jon S. Corzine - then a gubernatorial candidate - pledged last year that he would sign a medical marijuana bill into law. At next month's hearing, the Senate will likely hear from an expert in marijuana in medicine, the head of the New Jersey State Nurses' Association and a representative from a state that already allows medicinal marijuana, Miller said. Scutari is also expected to testify, Miller said. The hearing is being held to answer any questions Vitale may have, Miller said. A vote would likely not be held until a second round of hearings, he said. 'I am hopeful,' Miller said."

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Rosenthal Conviction Overturned On Appeal; New Trial Granted

Ed Rosenthal, the California author and activist, could face a new trial after his conviction was overturned on appeal. The San Francisco Chronicle reported on April 27, 2006 ( "Juror's Call Upends Medical Pot Conviction") that "A federal appeals court overturned the pot-growing convictions of a prominent advocate of medical marijuana Wednesday because of a juror's phone call to an attorney friend, who told her to follow the judge's instructions or she could get in trouble. The juror's unauthorized contact on the eve of the verdict in January 2003 was an 'improper influence' that denied Oakland resident Ed Rosenthal a trial before an impartial jury, the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 3-0 ruling granting him a new trial. 'Jurors cannot fairly determine the outcome of a case if they believe they will face 'trouble' for a conclusion they reach as jurors,' said the opinion by Judge Betty Fletcher. 'The threat of punishment works a coercive influence on the jury's independence.'"

According to the Chronicle, "Rosenthal's lawyer, Dennis Riordan, said the ruling and the events that prompted it underscore the uneasiness of the trial jurors, and their community, about criminal charges against a medical-marijuana supplier. 'There would not have been a conviction but for this outside influence' of the attorney's advice, Riordan said. 'Jurors never can be told they can get in trouble for what they say during deliberations.' There was no immediate announcement from U.S. Attorney Kevin Ryan's office on whether it would appeal the ruling or retry Rosenthal. The appeals court signaled that a retrial and convictions on the same charges would result, at most, in a one-day jail sentence, the term imposed by Rosenthal's judge in 2003. Fletcher said the court 'would not be inclined to disturb' the judge's sentencing decision."

The Chronicle noted that "The ruling was narrow and did not address most of the issues raised by the conflict between federal drug law, which prohibits growing or using marijuana, and California's Proposition 215, a 1996 initiative that allowed patients to use the drug with their doctors' approval. But the reversal of Rosenthal's convictions continued a series of post-trial setbacks for the government in one of its most prominent marijuana prosecutions."

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Politics Trumps Science: FDA Issues Statement Dismissing Marijuana's Medical Value

The US Food & Drug Administration issued a statement April 20, 2006, rejecting assertions of medical benefits of marijuana. The New York Times reported April 21, 2006 ( "FDA Dismisses Medical Benefit From Marijuana") that "The Food and Drug Administration said Thursday that "no sound scientific studies" supported the medical use of marijuana, co