Archive for the ‘Law’ Category

Oregonian Cannabis Tax Act

Wednesday, July 9th, 2008

We need to see more action like this across America, but I applaud Oregon for pushing ahead.

(SALEM, Ore.) - A proposed law for Oregon would radically alter the availability of marijuana for adults, by allowing the herb to be purchased in liquor stores. The Oregonians For Cannabis Reform 2010, say the Oregonian Cannabis Tax Act would make cannabis products legal and available in a retail environment. Proponents say it will mean millions and millions of dollars for Oregon’s state coffers and many predict that the move would literally salvage the state’s unstable economy.

Backers of this Initiative say their plan would send 90 percent of the proceeds from the state’s sale of marijuana to Oregon’s General Fund, which could lower the state tax burden significantly. Portions of the revenue would be used to fund drug abuse education and treatment programs.

But right now, the people bringing this opportunity for Oregon voters forward, says their effort needs money, equipment, and, most of all, volunteers.

But they say the payoff will be enormous, as the Cannabis Tax Act (CTA) will take the lucrative marijuana market out of the black market, where children and substance abusers often control it today, and place it in state liquor stores, where the age limit of 21 and older is strictly enforced.

Advocates also say it will be like a rebirth of the Oregon farmer. Farmers will be licensed to cultivate cannabis for both medicinal and adult private use. Farmers will be able to grow industrial hemp without a license, for paper, fabric, protein and oil, under the new proposed law.

Forcing patients to turn to the black market for medicine is not good, by removing the marijuana from the criminals and allowing patients to grow their own or buy their own legally, will help make this country a better place. Right now our streets are controlled by drugs - marijuana should never be sold on the street as a drug, it is a natural plant and should be allowed to be grown for free. America is making criminals rich and rewarding the black market by keeping marijuana illegal.

We need America to give this powerful plant back to farmers. At one time American farmers were not only allowed to grow cannabis, but encouraged to do so. The US government even made a film about it called “Hemp For Victory” where farmers were encouraged to grow hemp to help the US win the war! Then the drug war started and marijuana became illegal.

More than marijuana, the CTA will restore industrial hemp, the most productive agricultural source of fiber protein and oil, and a huge aspect of American heritage. Hemp seed oil is diesel fuel. The first cordage, cloth and paper were invented from hemp fiber.

Advocates say the laws would virtually wipe out the black-market. “The CTA allows police and the courts to concentrate on real criminals that hurt others, not arrest, prosecute and jail harmless, productive adult cannabis users. Stop our government from tearing families apart. Let’s show real family values and end cannabis prohibition.”

The OCTA will wage its campaign to help stop the War on Cannabis by challenging the 1937 Marihuana Tax Act- it’s credibility and effectiveness. This is the law that was precededd by mass hype and hysteria fed to the American public by Harry Anslinger, a dubious U.S. politician who worked with Dow Chemicals and Dupont in the 1920’s and 30’s, to demonize marijuana and place it in an illegal category, in order to get their new “synthetic rope” on the market. In truth, the natural hemp fiber is to this day, superior in strength, quality and durability.

It would appear that Anslinger was a conservative who truly believed marijuana to be a threat to the future of American civilization, yet his biographer maintained that he was an astute government bureaucrat who viewed the marijuana issue as a means for elevating himself to national prominence.

Paul Stanford of the Oregon Cannabis Tax Act, told KATU that the measure would also put a dent in illegal dealing of the weed.

“We want to take marijuana out of the hands of children and substance abusers, who control the market today, and put it in the hands of the state’s liquor control commission and the age limit of 21 will be strictly enforced,” Stanford said.

We have waged a war on marijuana for decades now with no positive results, just billions of dollars spent prosecuting citizens for possessing a joint of marijuana. It is time to start thinking on a different level and push for legislation like the Cannabis Tax Act and do what was already intended to be done in the 1970’s. Marijuana was to be taxed in many states in the 70’s and even states like Louisiana have a Marijuana Taxation Stamp that was introduced well over 30 years ago, however the politicians have swept the program under the rug in most states and continually fight against medical marijuana despite states having voted for the taxation of marijuana in the 70’s.

While I do not promote the use of marijuana as if it were alcohol, and do not really support the idea of it being sold at liquor stores (so more people get rich off of it) this is medicine and people need access to it, this does not mean I want it sold at liquor stores. I prefer medical marijuana dispensaries, but this is a good start and any legislation is better than none. As long as patients have safe access I guess it doesn’t really matter where they get it or who profits from it. I am just a firm believer in allowing patients to grow their own not have to go to a liquor store to buy it. Those who can grow, grow, those who cannot will have to buy…

Migraine Patients Need Medical Marijuana

Tuesday, July 8th, 2008

One thing is for certain regarding the medicinal use of marijuana, and that is the plant is both effective and 100% safe and natural. Migraine patients need safe access to cannabis for use as medicine…

The federal government is waging war on some of our most vulnerable citizens, who Washington voters have acted to protect. Soon, our congressional representatives will have the chance to stand up for those people — seriously ill patients who need medical marijuana.

This is an issue we both know personally. One of us is a physician and researcher specializing in rehabilitation medicine and neuromuscular diseases such as ALS (”Lou Gehrig’s disease”). The other is a cancer survivor who got through the nausea and vomiting caused by chemotherapy with the help of marijuana, and who has again found relief with marijuana from the chronic pain caused by injuries in a car accident.

We have seen that medical marijuana safely helps some patients who get no relief from conventional medications. Washington voters did the right thing when we passed our medical marijuana law a decade ago. A dozen states now have similar laws, and none have been repealed.

Meanwhile, medical community support continues to solidify. New studies have documented marijuana’s ability to relieve nerve pain caused by HIV/AIDS, multiple sclerosis and other conditions. In February, the American College of Physicians — representing 124,000 oncologists, neurologists and other doctors of internal medicine — released a position paper declaring that the scientific evidence “supports the use of medical marijuana in certain conditions.”

The ACP specifically called on the federal government to reclassify marijuana to permit medical use, but our government simply refuses. Federal officials have arrested patients and caregivers who were following state medical marijuana laws, and could make more such arrests any time.

Migraine is a neurological disorder and causes nerve pain (the inflammation of blood vessels in the head) and I can’t help but point out that we need more info out there in the public regarding migraines or even “tension headaches” and the use of medicinal marijuana to help live a better life. While we have compassion for HIV/AIDS patients and those affected by chemotherapy - migraine sufferers experience a similar daily (chronic) nausea and pain brought on by their condition.

This is why we need more education and info passed on regarding the safe and effective ways to use marijuana as medicine. Those who can grow and process the cannabis should be able to do so without interference from law enforcement, and patients who cannot grow for themselves will obtain their medicine through safe & regulated dispensaries.

In its 2005 case, Gonzales v. Raich, the U.S. Supreme Court punted the issue to Congress. The court declined to change the status quo, under which patients protected by state law can still face federal prosecution. But Justice John Paul Stevens, writing for the majority, went out of his way to note that patients Angel Raich and Diane Monson had made “strong arguments that they will suffer irreparable harm, because, despite a congressional finding to the contrary, marijuana does have valid therapeutic purposes.” He pointedly expressing hope that Raich, Monson and their supporters “may one day be heard in the halls of Congress.”

That chance will come this month.

When the appropriations bill that funds the Justice Department reaches the House floor, an amendment will be offered that seeks to bar the department from using any of its money to attack medical marijuana patients in states where medical use is legal. Called the Hinchey-Rohrabacher amendment after sponsors Maurice Hinchey, D-N.Y., and Dana Rohrabacher, R-Calif., the amendment has been proposed in each of the past several sessions and has steadily gained support.

Washington’s representatives have been oddly inconsistent. Reps. Jay Inslee and Jim McDermott have been supporters every year, while Dave Reichert has voted no since he joined Congress in 2005. Reps. Rick Larsen, Norm Dicks and Adam Smith have all voted yes at least twice, but Larsen switched to no in 2005 and Smith voted no last year.

Perhaps they remember how well “I voted for it before I voted against it” worked for Sen. John Kerry in 2004.

But the tide is turning. The medical community is increasingly united, and presumptive Democratic presidential nominee Sen. Barack Obama says it’s time to end the federal war on state medical marijuana laws.

That’s encouraging, but we don’t need to wait for a new president. Washington’s congressional representatives should stand up for Washington patients and support the Hinchey-Rohrabacher amendment.

There needs to be more info put out regarding medical marijuana use for patients who need it. Support medical marijuana in your area.

The nausea alone from migraine headaches is enough to warrant the use of cannabis as medicine. One thing I notice that is absent in these articles is the mention of migraine as a covered illness. It affects so many Americans, it is one of the most misunderstood of illnesses, and the public should know more about migraine and how marijuana can help you manage your attacks, nausea, and live a more productive life instead of spending two or three days of any week laying in the dark trying to not to vomit from photophobia (light sensitivity) and the throbbing pain of a migraine.

Migraine afflicts 28 million Americans, with females suffering more frequently (17%) than males (6%). Missed work and lost productivity from migraine create a significant public burden. Nevertheless, migraine still remains largely undertreated and underdiagnosed. Less than half the sufferers are diagnosed by their doctors.

Understanding medical marijuana is the key, to anyone out there suffering with migraine’s - ask your doctor about medical marijuana! If they avoid the topic, do your own research - you will find that info is out there regarding medical marijuana and migraine’s. Your doctor may have a negative opinion of medical cannabis, that does not mean you cannot educate yourself and see what medicine works the best for you.

Cannabis was a standard treatment for migraines from the mid-19th century until it was outlawed in the early 20th century in the USA. It has been reported to help people through an attack by relieving the nausea and dulling the head pain, as well as possibly preventing the headache completely when used as soon as possible after the onset of pre-migraine symptoms, such as aura. There is some indication that semi-regular use may reduce the frequency of attacks. Further studies are being conducted. Some migraine sufferers report that cannabis decreases throbbing and pain, especially if smoked.

While I promote the use of vaporizers over “smoking” marijuana in any way - if you choose to smoke it, then so be it. By using a vaporizer, a patient can administer the perfect amount of THC (the active chemical in cannabis) for his/her preference in amount, without the negative side effects of “smoking.” A vaporizer heats the plant matter up just before the point of combustion, so you don’t actually “burn” the marijuana, you heat it up and inhale the pleasant vapor - in comparison to smoke that makes many cough.

When I have a migraine the last thing I want to do is “smoke” (I don’t smoke cigarettes) so by using a vaporizer it is a much more pleasant and fast way to obtain the natural and medicinal THC.

One of the most recommended and reliable is the Vapor Brothers Vaporizer.

Understanding Medical Marijuana

Monday, July 7th, 2008

There is a big misunderstanding among the general public regarding medical marijuana, although most American support the idea of medical marijuana - there is always room for improvement in public relations regarding understanding medical marijuana.

OAKLAND, Calif. — Like other universities, Oaksterdam offers wide-eyed students an enlightening classroom experience to spark their curiosity.

In this case, though, they learn how to greet DEA agents after a residence is forcibly entered and how to make the perfect pot brownie for a homework assignment.

And the diploma confers the status of certified “budtender.”

Marijuana devotees pack classes at a unique trade school that teaches how to grow and process marijuana, use the drug in baked goods and manage medical-marijuana dispensaries.

Ilia Gvozdenovic, chancellor of the school, describes the non-accredited institution as a much-needed source of knowledge about marijuana in an age of misunderstanding.

“It’s kind of like the wild West,” said Gvozdenovic, alluding to the conflict and confusion surrounding the California law allowing the sale of medical marijuana, and the refusal of the federal government to acknowledge it.

“To me, the issue is we need better training for folks.”

The school, founded in November, already boasts about 500 graduates. It stands in a part of downtown Oakland nicknamed “Oaksterdam,” where pot clubs and cafes line the streets as in Amsterdam, Netherlands, where smoking marijuana and hashish is tolerated.

Just teaching people how to grow and use marijuana isn’t enough to draw the wrath of the federal government, said Sarah Pullen, a Los Angeles spokeswoman for the Drug Enforcement Administration.

“If they’re not distributing, selling or cultivating marijuana, I would imagine they’re not violating any federal laws,” she said.

There should also be more info out there regarding the use of vaporizers instead of “smoke” related methods of consuming medical cannabis.

The bottom line is Americans believe doctor’s should be able to prescribe medical marijuana to patients and we should all help do our part in helping the general public understand medical marijuana and why it not only should be allowed, but supported.

Police Defend Patient’s Outdoor Medical Marijuana

Thursday, July 3rd, 2008

(Oregon) - With a doctor’s prescription and a little backyard space you can turn your backyard into a medicinal garden providing patients with medicine. Here is something I found this morning regarding a patient having to protect and defend himself against people trying to stop him from growing his own natural and 100% legal medicinal cannabis.

Stephen Vinzant says he has been growing marijuana at his residence legally for three years and has a state-issued medical marijuana card to prove it.

His next-door neighbors — who run a counseling center for recovering drug addicts — are not impressed.

Their differences will get a public airing Monday when Phoenix Counseling Center owner Keziah Hinchen will attempt to convince City Council members that they should put an end to Vinzant’s outdoor pot crop.

Hinchen plans a presentation to the council outlining the difficulty of assisting people with substance abuse issues while a “fresh crop is growing right next door.”

Vinzant said he moved to the property three years ago, at which time he began growing the state-allowed crop of 12 mature plants and 36 immature plants.

Half of the plants are for Vinzant’s mother, who suffers from chronic restless leg syndrome and the other half are for Vinzant, a Vietnam-era vet who said he suffers from post-traumatic stress, a bad back and arthritis.

During the past two growing seasons, Vinzant said, “no one squawked about anything.”

Then the treatment center changed ownership, a client discovered the plants during last year’s harvest and, Vinzant said, “totally freaked out.”

Hinchen said the counseling center serves as an extended campus for local schools by providing services to adolescents with substance abuse issues “and something like 85 to 95 percent of them have issues with marijuana.”

“So here’s this guy and he’s got this great big marijuana garden in his backyard,” Hinchen said. “The plants are 20 feet away from the fence — 20 feet away from people who have addiction issues. When it starts getting ripe, you can smell it. So here we’re saying, ‘Stay away from marijuana’ and here it is. They smell it, they see it . . . it’s right there!”

The problem with the above way of thinking is that just because medicinal marijuana is there, does not mean they should show no control and forget about it. Alcoholics enter grocery stores all day long and alcohol is available everywhere that ex-drinkers frequent. Marijuana is medicine, these people cannot stop a patient who is within his legal rights and within state law from gowing his own medicinal cannabis. He even built a cage around the plants and there are fences and locks in place!

And the local police agree with me, he is within his rights and state law…

Jackson County sheriff’s Detective Sgt. Rick Valentine said state laws regarding medical marijuana use are tricky to navigate.

“I don’t know of anything in the statutes that prohibits having a medical marijuana grower next to a rehabilitation center,” he said.

“We’ve had calls where people complained about their neighbor growing medical marijuana but they’re within state law.”

And this is exactly the reason we need safe access to medicinal marijuana and regulation - to not only protect patients and users, but those citizens who live next door to patients, as well as, the officers who are caught in this drug war that is plagueing and destroying our society. Marijuana is medicine and not the evil “street drug” it has been made out to be, by forcing it underground and into the hands of the drug czars.

Patients should never be required to turn to the black market for medicine, the same way anxiety, depression, pain medicine is prescribed to Americans every day… marijuana should be available to anyone who needs it. Especially Migraine sufferers who suffer daily pain and anxiety regarding when and if an attack will occur and cause nausea at the workplace and interfering with work hours the way it has me for decades.

Medical Marijuana and Migraines

Monday, June 30th, 2008

As usual I was looking up some info on medical marijuana and migraine’s and I came across this article called: Marijuana Vs. Migraines: Modern Medical Miracle

What I always find interesting is the lack of info out there regarding this topic. Medical marijuana is the best for migraine’s and I am glad more and more doctor’s and patients are coming out about it. As someone who has suffered with migraine for decades, I can tell you cannabis works!

Migraine headaches are possibly one of the most misunderstood maladies of man. The Merck Manual states “The cause is unknown and the pathophysiology (mechanism) is not fully understood.” Except that it has something to do with brain blood vessel dilation/constriction; nobody seems to know what is going on here. If I’m wrong about this I’m sure I will hear plenty.

To save myself professional embarrassment, I checked the Merck Manual. One would think some mad scientist produced the highly diverse pot pourri of drugs which have been used to alleviate these severe and paralyzing headaches, with nausea and vomiting, which affect some 10 million people in the U.S.

To start with, migraines are headaches but not all headaches are migraines. Many headaches can be successfully treated with aspirin or Tylenol but, if my patients are correct, they don’t touch migraines. Because of the extremely wide variety of non-effective medicines, which have been used, I take a dim view of any new medicine being heavily advertised on TV.

In my own regular medical practice I discovered that an injection of Demerol with Benadryl was effective but the patient was out of action for at least 24 hours.

When I stared seeing patients for Medical Marijuana permits, I was surprised when the first migraine patient showed up. I knew that marijuana worked for severe pain, nausea and vomiting and I knew that it also causes vasodilatation but I couldn’t quite put the two together, pharmacologically, for migraines.

The light bulb over my head lit up and I said to myself “if the patient says marijuana works for this, and they were willing to pay the $300 clinic and State fee, it must work”.

I ended up with about 30 migraine patients out of 4,000. I have since heard that the California Marijuana doctors, with some 300,000 patients, have the same experience.

I hope readers of this series will write in their own experiences about this.

A few of my personal opinions of cannabis in regards to medicating debilitating migraine headaches:

1. Unlike traditional medicine medical cannabis (when consumed through a vaporizer) produced a very fast release from the pain associated with the inflammation in the head.

2. It’s natural, unlike anything the Big-Pharma companies are selling these days. You can grow your own!

3. And unlike other medicine, it gets rid of nausea not causes it!

The reason I started this site is because of the lack of web sites on the internet about using medical marijuana for Migraine headaches. Hopefully by helping spread the word others who suffer the same may find relief through medicinal cannabis.

Medical Marijuana In Louisiana

Wednesday, June 25th, 2008

Would it be right to take a diabetic person and take away their medicine and lock them up?

Is it humane to take away a person’s medicine and lock them up in jail while they are suffering pain?

Louisiana needs to stop using terror tactics against patients and stop causing pain and suffering upon medical marijuana users. Louisiana law was enacted in the 70’s for marijuana patients and it’s use, but politicians have tried to bury that fact.

THIBODAUX — There was never any intent to break the law, Matthew Zugsberger says.

Louisiana does not make the same allowances for medical marijuana use as his home state of California. But the former oilfield diver was certain his privilege of possession would be honored here.

That was until Friday, when a team of state troopers, aided by Thibodaux police, raided his St. Bernard Road apartment, allegedly seizing a little over two pounds of marijuana, some hashish oil and $4,640 in cash.

Now the 32-year-old faces multiple drug charges.

He expresses no hard feelings toward law enforcement and harbors hopes that his case will, in the long run, make life easier for people like himself.

“They didn’t mistreat me at all. In fact they were very nice,” he said of the officers. “I don’t want to fight the system. I want to help refine it.”

It all began Wednesday when Troop C officers were contacted by authorities in Mendocino, Calif., who said a “large amount of marijuana” was en route to the bayou state via a private delivery service to 2316 St. Bernard Road, Apt. E.

The package, said Troop C spokesman Gilbert Dardar, was addressed to Zugsberger and “contained three large bags of marijuana.”

Troopers agreed to take delivery of the marijuana in an attempt to further the investigation, Dardar said. The shipment was intercepted and a search of Zugsberger’s apartment commenced Friday.

Zugsberger, Dardar said, admitted to officers that he paid $6,000 per pound for the marijuana, which “appeared to be very high quality with a much higher THC content.”

THC is the active ingredient in marijuana that causes intoxication.

According to Zugsberger, the high price is one indication of his argument that he is not involved in distribution.

There would be no way, he said, to make a profit selling marijuana after paying that much for it.

At $375 an ounce, he was not reselling. Streeet price for black market marijuana is under $100 an ounce, no way he could resell that stuff for that amount and make his money back. He was buying medicine that is NOT available to him where he is, and paying high cost for it!

This is exactly why cannabis needs to be allowed for medical so regulation can occur. This man should have safe access to his medicine, not have to turn to a black market and by default commit “criminal acts” by simply trying to locate his medicine.

The need for the drug, Zugsberger said, arose after a 2005 work mishap. Debris fell on him during a dive, he said, collapsing his spine.

Prescriptions for traditional painkillers didn’t do the trick, he said, because of medical complications with his stomach.

Zugsberger has a California license allowing him to posses up to 8 ounces of medicinal cannabis at any time.

The apartment where police made the seizure is leased to his wife, Teryn Richardson, an educator taking part in a New York internship. The plan was for Zugsberger to live in the Thibodaux apartment as a housesitter.

Richardson, who flew home from New York after learning of Zugsberger’s arrest, has a less charitable view of the police action.

She complains of damaged paintings, clothes strewn on the floor and money seized in the raid that belongs to her and has nothing to do with the case.

“They made it look criminal,” Richardson said.

Zugsberger said he and Richardson are suffering dire consequences. He points to a near-empty refrigerator, explaining that they cannot buy food without money.

Normally, in his work as a freelance rock hound and gold-panner in California, he is able to afford whatever he wants, including the marijuana that eases his pain enough to allow the work.

The biggest consequence of the seizure, Zugsberger said, is the pain that continues unabated.

And he cannot leave Louisiana before his July 18 court date.

“I just have to suffer because I can’t go home for treatment,” he said.

He will have to suffer pain until this is settled. Imagine if cops would take cancer patients and stick them in a cell and not allow them medicine? Whether your opinion of medical cannabis, this is inhumane treatment of people who are just looking to relieve pain and suffering of their own body.

And never forget, Louisiana has medical laws on the books, the judges and politicians may want them removed but they are there…

Louisiana law permits some limited use of marijuana if prescribed by a doctor in the state, including treatments for glaucoma and side effects of cancer therapy.

Zugsberger glibly spouts section numbers of various laws here and in California, certain that his situation falls into a loophole somewhere.

He hopes — whether through a trial or pre-trial discussions — to convince a judge to change Louisiana’s stance on medical marijuana.

Asked if he sees himself as a crusader, Zugsberger said no.

“But given the circumstances laid at my feet with this, I will not back down,” Zugsberger said. “I’ll take this to the Supreme Court.”

The state police have put out memos today claiming: “Troopers would like to remind the public that Louisiana does not have a medical marijuana law and that possession of any amount of marijuana is punishable by at least six months in jail and a fine of up to $500.00 for the first misdemeanor offense. ”

This is simply not true, the medical marijuana bill was voted on in 1991, and marijuana taxation laws were enacted in the 70s in Louisiana. People need to wake up and accept the fact that law enforcement only wished to distort the facts regarding medical cannabis, so they can continue to unleash their brutal and tyrannical metyhods of controlling a “drug” that millions use everyday, and Louisiana has already voted for it’s medicinal use. This is ridiculous and proof that society is no longer advancing in regards to scientific fact in light of the state trooper’s propaganda.

here is a quote regarding medical cannabis in Louisiana and despite the state troopers blatant public lies, Louisiana does in fact have laws regarding medical marijuana and it’s use.

As for medical marijuana, Gov. Kathleen Blanco is the latest in a long line of chief executives with a sympathetic ear for the issue. In 1978, former Gov. Edwin Edwards signed a bill allowing doctors to prescribe marijuana to those suffering from paralysis, glaucoma and cancer. The legislation also established the now-defunct Marijuana Prescription Review Board.

Former Gov. Dave Treen signed into law a similar medical marijuana bill in 1981, as did former Gov. Buddy Roemer 10 years later. While Gov. Mike Foster never saw a prescription marijuana bill land on his desk, he did vote in favor of one as a state senator.

I suggest the state troopers look up these laws and stop telling lies to the public. If the above is correct (it is) that means more than two medical marijuana related laws exist… did them up, ask some questions…

Ask questions like, why was the marijuana taxation board dismantled and never saw the light of day? Plans were in motion for medical marijuana in Louisiana decades, ago, why did it stop? Could it possibly be the big wheels of the alcohol industry that OWNS Louisiana? You can buy beer at the Zoo and Louisiana has DRIVE-THROUGH alcohol serving daquiri shops, but medical cannabis is evil?

“I think there’s a better chance that there will be a stiffening of penalties by the Legislature more than anything else because people want to be tough on crime during an election year, and that’s a shame,” he says. “As long as people want to keep paying for [the imprisonment of lawbreakers], I’m sure (Corrections Secretary) Richard Stalder will keep locking them up.”

The cops just want money for jails and guns… patients need to stand together and focus on this fight. We can win. We have a right to safe access to medical marijuana… even in good ole Louisiana.

Rep. Danny Martiny, chairman of the House Criminal Justice Committee, says it probably won’t come to that, though, unless a rogue lawmaker, liberal judge or district attorney not seeking re-election takes up the charge. He also says he would oppose any move to soften Louisiana’s marijuana laws because that’s what his constituency would want. It’s a defense Martiny says other lawmakers also could easily make.

“I don’t think there are any districts in the state with a real liberal majority that would even allow this to become an issue if their legislator brought it up,” Martiny says. “The political leanings of the state are more to the right, and for the first time in the history of the Legislature, there’s a decent chance Republicans can take over the House, and I can assure you nothing like that would pass if it happens.”

So cancer patients and people who could benefit from medical marijuana will be denied that access because of politicians and the good ole boy mindframe. The citizens of New orleans and Louisiana should be ashamed. In New Orleans you can drink yourself to death (students and deaths from alcohol happen every year in Louisiana) and Bourbon street is known for it’s public nakedness - cops look the other way and don’t arrest naked people in the street - but oh no “marijuana” is such a bad thing. Open your eyes…

Bedrock Principle Of Federalism

Sunday, June 22nd, 2008

States have authorized and enforced laws that did not match federal laws, as is and should be the case with medical marijuana. If a state chooses to allow medicinal cannabis use, then it is law.

Federal law classifies marijuana as a dangerous drug with no medical use. San Bernardino County Sheriff Gary Penrod has said the law created conflicts and ethical issues, especially with his officers who are cross-deputized to uphold federal law.

“There is a big difference between decriminalizing marijuana and authorizing its use … in violation of federal law,” argued San Diego County senior Deputy Counsel Thomas D. Bunton.

“Congress has declared that marijuana has no medical use, so using marijuana under these circumstances is drug abuse.”

But states have long practiced authorizing and enforcing laws that do not match federal law, argued ACLU/NORML attorney Adam B. Wolf.

“The counties’ position would imply the invalidity of hundreds, if not thousands, of state statutes,” Wolf told the judges. Wolf quoted U.S. Supreme Court Justice Antonin Scalia’s comment that there has been countless times where states have not criminalized issues the same way as the federal government.

“It’s a bedrock principle of federalism” for states to be allowed to determine issues such as how to regulate marijuana, Wolf said

Doctors have declared marijuana’s medicinal use, congress has no place dictating what is and what is not “medicine” I think that is more suited for doctors and patients to decide, thank you very much.

This is going on because a few counties in California are debating certain aspects of the medical marijuana program, read more below…

San Bernardino and San Diego counties argued in court Tuesday that California’s medical marijuana plan violates federal law and the state constitution, while opposing attorneys argued the state is within its rights to regulate the substance.

The exchanges came in a crowded courtroom before a three-judge panel of the state 4th District Court of Appeal in San Diego.

The jurists took the matter under submission and have 90 days to make their ruling. Their decision can be appealed to the state Supreme Court.

Defending the state’s marijuana laws was a lawyer from the California attorney general’s office, an American Civil Liberties Union lawyer representing the National Organization for the Reform of Marijuana Laws and a lawyer representing patients who use marijuana.

California voters in 1996 legalized the use of marijuana to treat symptoms of illnesses such as cancer and glaucoma, and chronic pain. Prop. 215 was passed by 56 percent of voters.

The two counties are not trying to overturn that initiative.

But they argue that subsequent legislation, the Medical Marijuana Program, which created a system for counties to investigate applicants, issue user cards and keep those on file, puts the counties in direct conflict with the federal Controlled Substances Act.

San Bernardino County has not issued any user cards as officials await the outcome of the lawsuit. Since January 2006, Riverside County has issued 1,000 cards to patients and their caregivers. That number includes renewals, which must be done annually.

Bottom line is this: the people voted, proposition 215 was approved - and state laws have contradicted federal laws for a long time. Medical marijuana should not be stopped because of this, states have the right to make their own laws, as it states above - this is a bedrock principle of federalism.

Legislator Asks DEA Why Is It Going After Medical Marijuana

Thursday, May 8th, 2008

Congressional Leader Conyers asks DEA why are they targeting medical marijuana?

A congressional leader, citing complaints from Bay Area mayors and lawmakers, wants the Drug Enforcement Administration to explain its increased use of “paramilitary-style enforcement raids” and property forfeiture orders against medical marijuana patients and suppliers in California.

With drug trafficking and violence from international cartels on the rise, “do you think the DEA’s limited resources are best utilized conducting enforcement raids on individuals and their caregivers who are conducting themselves legally under California law?” House Judiciary Committee Chairman John Conyers, D-Mich., said in a letter to the agency.

He also noted the DEA’s recent tactic of sending letters to hundreds of property owners who rent to medical marijuana dispensaries, advising them that they could be prosecuted and lose their property under federal law.

Property forfeitures, Conyers said, have typically been reserved for “the worst drug traffickers and kingpins” and might have the unintended effect of driving medical marijuana distribution underground. Medical marijuana advocacy groups say the letters have led to evictions and closures of dozens of supply shops that had been operating with state and local approval.

The congressman also asked how much the DEA was spending on the raids.

The letter, dated April 29, was addressed to the DEA’s acting administrator, Michele Leonhart. Agency spokeswoman Rogene Waite declined to comment on the questions Wednesday, saying only that “the federal government does not recognize medical marijuana. … The DEA, of course, would be part of the federal government.”

Conyers attached a copy of a resolution approved by San Francisco supervisors in February, attacking the DEA for “its irrational policy and hysteria” and calling on the city attorney to support property owners facing prosecution or forfeiture for renting to medical marijuana dispensaries. The Los Angeles City Council also has condemned the federal agency’s actions.

Conyers also cited statements by San Francisco Mayor Gavin Newsom and Oakland Mayor Ron Dellums criticizing the DEA, and a resolution introduced by state Sen. Carole Migden, D-San Francisco, urging that Congress pass a law ending federal raids and prosecutions in states that have legalized medical marijuana.

There should be a law ending deferal raids on ALL medical marijuana users not just patients in States who have laws regarding it.

Medical Marijuana March Planned

Saturday, May 3rd, 2008

Seattle medical marijuana march info…

Supporters of marijuana for medical purposes plan a rally Saturday in Seattle’s Westlake Park.

The rally in support of the medical use of marijuana will coincide with similar marches in around 200 other cities, organizers said.

Participants are expected to gather at Volunteer Park in Capitol Hill and set off for a 1 p.m. march to Westlake Park in Downtown, a distance of a little more than two miles.

The rally at Westlake Park is scheduled to be held from 2 p.m. to 3:30 p.m.

The rally comes just two days after musician Timothy Garon, 56, died following a third denial of a liver transplant he needed to survive.

Garon had advanced hepatitis C and had used marijuana with medical approval as part of his treatment regimen. His attorney believes Garon’s marijuana use was the reason a University of Washington Medical Center committee denied the liver transplant.

Denying sick people organs because they use cannabis as medicine?

Minnesota Medical Marijuana Bill Nears Vote

Friday, April 11th, 2008

Minnesota Medical Marijuana News

ST. PAUL — More than 10,000 seriously ill Minnesotans could control pain with marijuana legally if a bill headed to the full House becomes law.

The House Ways and Means Committee voted 13-4, with 12 members absent, Wednesday to advance the measure. But Gov. Tim Pawlenty is likely to veto it if the House passes the measure.

“Gov. Pawlenty stands with law enforcement in opposition to this bill,” Pawlenty spokesman Brian McClung said.

Even if the bill faces a veto, sponsor Rep. Tom Huntley, DFL-Duluth, said it is important to pass it as a message to Minnesotans.

The issue has arisen several times over the years, but has failed to pass the House. It passed the Senate last year, so if the House passes the measure – as Huntley expects – it heads directly to Pawlenty.

Many legislative committees heard testimony last year, so none was accepted on Wednesday.

Huntley said there are two changes from a year ago. One is that the College of American Physicians has endorsed medical marijuana use.

The other change, he said, is that “some of the people who testified last year have died.”

The bill allows doctors to approve marijuana use to reduce chronic pain. Patients could have up to 2.5 ounces of marijuana at any one time.

If the bill became law, state officials predict at least 10,000 Minnesotans would use marijuana.

Why should we not allow patients use cannabis as medicine? Some of these people died fighting for medical marijuana.

A dozen other states allow medical marijuana use, and Neal Levine of the Medical Marijuana Policy Project said it is important to those with chronic pain.

“The states are trying to protect their own citizens because the federal government arrests sick people,” Levine said.

Federal authorities have arrested people using marijuana for medical reasons, citing laws outlawing the practice.

“The overwhelming majority of the public supports it,” Huntley added.

Sick people should not be arrested for using marijuana as medicine.