Tag Archives: medical marijuana

(in) Legislature Considering Indiana’s First Medicinal Cannabis Laws


Submitted by Marijuana News on Tue, 03/21/2017 – 08:30

This legislative session, a record 11 proposals addressed the use of cannabis. Most of them never got a hearing, but two are still moving through the legislature and could become Indiana’s first medical cannabis laws.

Indiana is one of six states that have not passed any form of medical cannabis legislation, including CBD.

CBD stands for cannabidiol, also known as “hemp oil.” It is a non-psychoactive cannabis, with low tetrahydrocannabinol, or THC – so it can’t get people high.

For the past seven years, senators have sought Dr. Trent Jones’ testimony on the topic. He spoke from California last January, via Skype.

“The longer you wait on these children with catastrophic seizures the more damage you do to their ability to develop,” says Jones. “This is the seventh time I’ve personally testified for it, for CBD and industrial hemp in general.”

Jones is a Hoosier native and works now with the National Institute for Cannabis and Endocannabinoid Research or NICER. He strongly advised lawmakers to legalize a form of medical cannabis to treat epilepsy through Senate Bill 15.

This bill has support in the House and the Senate. A related bill defining CBD products as having no more than 0.03 THC also passed the House.

Bobbie Joe Young lobbies for cannabis legislation in Indiana, and is the co-founder of Higher Fellowship. While industrial hemp is legal for research, she says medicinal cannabis bills have never seen this much traction.

“The reason that politicians are concerned is, in our opinion, strictly wording,” says Young. “We’re breaking the stigma and saying hey ‘look at the education, look at the medical background, look at the research.’”

She and fellow lobbyist David Phipps say public opinion is changing and the stigma is fading.

“Bills similar to SB 15 have passed unanimously through the House,” says Phipps, “We expect the same thing to happen and the next obstacle will be the governor’s desk.”

But it may not be smooth sailing, Gov. Eric Holcomb has said he had no plans to expand legal drug use, especially in light of the state’s opioid epidemic.

The Controlled Substances Act of 1970 still classifies all forms of cannabis as Schedule 1 drugs. A recent study did not definitively prove the benefits of medicinal cannabis.

At the same hearing that took testimony from Dr. Trent Jones in January, Republican Sen. Aaron Freeman says he worries about the grey lines.

“I mean law enforcement has to have clear guidelines as to is this legal or not and I worry how is it they are going to know where it was grown,” says Freeman.

Sen. Karen Tallian has proposed cannabis related legislation for the past seven years and is a co-author on the CBD bill for epilepsy. She’d like to add a provision to the bill, in hopes to pave the way for more medical cannabis legislation.

“A study for the health committee during the summer, to look and see about other conditions that may benefit.” Tallian says.

As the debate continues, many are watching it closely. Bettyjo Bouchey lives in Fishers. She is a mother and a doctor, and says her friend from Colorado offered to buy her some CDB hemp oil after her son was diagnosed with primary generalized epilepsy two years ago.

“I fear I would go to jail for helping my son,” says Bouchey, “I mean can you imagine, going to jail for giving your child something that may help with their seizures?”

She says she’d like to know more about CBD it for her 12-year-old. She worries about him being on so many pharmaceuticals.

“If anything we just want the chance to see if it works. You know, let’s do some clinical trials, lets do some proof of concept, you know I’m a doctor I believe in evidence, I get it.” Bouchey says.

SB 15 would include a registry for approved patients. The proposal will be heard in the House in the coming weeks.

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Pro-marijuana church active in Alabama: Members tout ‘God and cannabis’


By Greg Garrison | ggarrison@al.com
Email the author | Follow on Twitter
on March 20, 2017 at 6:12 AM, updated March 20, 2017 at 2:40 PM

Marijuana in Alabama

With a stained-glass window behind them, a lineup of speakers stepped to the front of the church and talked about the potential health benefits of legalizing plants that are currently outlawed in Alabama.

“I smoke cannabis on a daily basis for my pain,” said Janice Rushing, president of the Oklevueha Native American Church of Inner Light in Alabama. “If I did not, I’d be on pain pills.”

Her husband, Christopher Rushing, chief executive officer of Oklevueha Native American Church of Inner Light, says he also uses marijuana routinely.

The Rushings founded the Oklevueha Church in 2015 and claim that it has a legal exemption for its members to smoke marijuana and ingest hallucinogenic mushrooms and peyote cactus.

At a January forum with an audience of about 30 gathered at Unity Church in Birmingham, which allowed the use of its facilities, speakers discussed the potential benefits of marijuana and other substances for medicinal purposes.

“I had an ungodly facial rash,” said Sherrie Saunders, a former U.S. Army medic who is now a member of Oklevueha Native American Church in Alabama.

“We made a cream that completely got rid of that rash,” Mrs. Rushing said.

Someone in the audience discussed a heart problem and sleep apnea.

“That could be something that cannabis could help,” Saunders said.

She also said marijuana can ease manic bipolar disorder and Post Traumatic Stress Syndrome.

“The medical establishment took away cannabis so they could sell us pills,” Saunders said.

Before marijuana was stigmatized as an illegal drug, Native Americans valued it as a natural herbal treatment for more than 90 percent of sicknesses, she said.  “A woman in Nicaragua showed me how to cure cancer with cannabis,” Saunders said.

The woman had a son who was cured, she said. “I know why,” Saunders said. “God and cannabis.”

The National Cancer Institute, in its overview of cannabis in treatment of cancer, makes no claims for curative powers, but acknowledges that cannabis has been used for medicinal purposes for thousands of years and that it “may have benefits in the treatment of cancer-related side effects.” 

Chris Rushing stood in the pulpit and preached a sermon that mixed theology and a belief in natural, hallucinogenic plants. “That is God’s way of turning our brain on,” Rushing said.

“These entheogens work like tools to open up spaces and pathways of the mind,” Rushing said. “Yet it’s illegal. We all walk around producing natural chemicals that do the same.”

Rushing said it does not make sense that pharmaceutical companies make large profits on harmful synthetic and dangerous drugs, while plant and herbal medicines are illegal.

Rushing said the health benefits of marijuana, mushrooms and cacti are enormous. They can combat depression and cure people of addictions, he said.

The Oklevueha Native American Church of Inner Light in Warrior has been licensed as a federally registered branch of the Oklevueha Lakota Sioux Nation Native American Church, Rushing said.

The church has a religious exemption to use psylocibin mushrooms and peyote cactus, both of which have properties that augment traditional Native American spiritual beliefs and experiences, Rushing said. He calls their use in religious ceremonies a sacrament.

All 120 members in the Alabama church carry photo identification, similar to a driver’s license, that identifies them as members of a church that has a federal religious exemption to use natural drugs that are otherwise prohibited by law, he said.

He believes all natural plants should be legal for medicinal use, including marijuana, peyote cactus and psylocibin mushrooms.

Researchers at UAB and other universities are studying the benefits of such natural treatments, including the use of psylocibin mushrooms in treating cocaine abuse. Peter Hendricks, a clinical psychologist at UAB, is currently doing research on the use of the active ingredient in psylocibin mushrooms.

Hendricks spoke in May 2016 at a Homewood Public Library event sponsored by the church. He spoke again in January at the event at Unity Church in Birmingham.

Hendricks said he only talks about his research at the church-sponsored events and does not endorse Rushing’s church or whether its use of drugs is legal or not. The events give Hendricks a chance to advertise the research trials, which still need volunteers. Hendricks’ research explores the use of mushrooms in weaning addicts off serious drug addictions.

“I don’t support criminalizing any drug use,” Hendricks said. “People who have addictions are not helped by criminalization. If it were up to me, there would be more emphasis on providing treatment, less emphasis on punitive measures for people who are addicted.”

Rushing carries around with him documentation of court rulings such as a unanimous ruling in United States v. Robert Boyll in the U.S. 10th Circuit Court of Appeals, which found that a non-Native American who was arrested for possession and intent to distribute peyote had the same constitutional protections as Native American members of the church.

Rushing said he was licensed in the church by James Warren “Flaming Eagle” Mooney of Utah, who won a court battle with the state of Utah. The Utah Supreme Court ruled in Mooney’s favor in 2004, in State of Utah vs. Mooney’s and Oklevueha Native American Church. The state had argued that Mooney was engaged in a criminal enterprise for distributing peyote and tried to seize the church property. The Supreme Court ruled that the Native American Church was entitled to the religious exemption.

Legal marijuana: Is it coming to Alabama?

As legalized marijuana spreads across the United States, most observers remain skeptical that recreational marijuana will be legal anytime soon in Alabama.

After the Jan. 21 forum at Unity Church, some in attendance expressed hope Alabama might soon follow in the footsteps of other states that have legalized marijuana. More than half of the states have decriminalized marijuana for medical uses and eight states have decriminalized marijuana for recreational uses.

Some of them say the Oklevueha Native American Church of Inner Light in Alabama is helping raise awareness.

“I think Chris’ work is vital,” said Jonah Tobin, founder of the Alabama Mother Earth Sustenance Alliance, or MESA.  “People like him are part of that movement.”

MJ Church.JPG

Janice Rushing, president of the Oklevueha Native American Church of Inner Light in Alabama, in the pulpit, and Sherrie Saunders, left, talk about the medical benefits of marijuana on Jan. 21, 2017, at Unity Church in Birmingham, Ala.

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Nevada bill would allow medical marijuana users to carry guns


Jenny Kane , jkane@rgj.com Published 4:09 p.m. PT March 20, 2017

Nevada lawmakers are trying to address everything from marijuana users’ gun rights to the danger that edible marijuana products pose to children.

On Monday, a wide array of marijuana-focused bills were introduced to both members of the Nevada Senate and the Assembly to help regulate the drug that’s now legal for recreational use in Nevada (and has been legal for medicinal use since 2000).

Sen. Kelvin Atkinson, D-Las Vegas, introduced a bill, SB 351, which would allow medical marijuana users to possess a firearm and a conceal and carry permit. Sheriffs currently are required to deny an application for a permit to carry a concealed firearm or revoke an existing permit if someone is a medical marijuana card holder.

Sen. Tick Segerblom, D-Las Vegas, co-sponsored a separate bill, SB 344, with Sen. Patricia Farley, Nonpartisan-Las Vegas, that revises the standards for the labeling and packaging of marijuana for medical use.

Map: A quick guide to all of Nevada’s marijuana dispensaries

Nevada bill would allow marijuana use in public

Get in trouble for marijuana before this year? Nevada bill could help you get off the hook

The proposed legislation establishes limits on how much medicinal marijuana may be sold in a single package and prohibits candy-like marijuana products that appeal to children. The bill also would prevent edible marijuana products that look like cookies or brownies to be sealed in see-through packaging, or any kind of packaging that children might be attracted to.

Segerblom introduced a separate, 147-page bill, SB 329, that would allow for medical marijuana research and hemp research. The same bill would add post traumatic stress disorder to the list of conditions that could qualify a patient for medicinal marijuana consumption.

Under Segerblom’s bill, non-profit medical marijuana dispensaries could accept donations of marijuana, and all medical marijuana establishments would have to install video security which law enforcement could remotely access in real time.

He also is proposing a bill, SB 321, that would allow American Indian tribes in Nevada to make agreements with the Governor that would allow the tribes to follow state law as related to both medical and recreational marijuana.

Segerblom and Farley also introduced a bill, SB 236, that would allow money raised from medical marijuana establishment applications to be spent not only on government costs and schools. Segerblom and Farley believe that the money should also be spent on programs used to educate people about the safe usage of marijuana.

Segerblom and Farley’s bill also suggests prohibiting counties and incorporated cities from imposing requirements upon marijuana establishments that are not zoning related. The bill also would limit the license tax that a county or city could impose upon a marijuana establishment.

Assemblywoman Brittney Miller also introduced a bill to the Assembly on Monday that would vacate the sentences of offenders who were convicted of possessing 1 ounce or less of marijuana before legalization was effective Jan. 1. Assemblyman William McCurdy II introduced a similar bill last week to the Assembly’s Committee on Corrections, Parole and Probation.

The legalized marijuana industry is growing more than

The legalized marijuana industry is growing more than pot. Analysts say it could create over a quarter of a million jobs while other industries decline. (Photo: USA TODAY video still)

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Dear Governor Bevin,


bird on hemp

 

Dear Governor Bevin,

I’m Audra Baker. My question is when are you plan on legalizing the use of marijuana for medicinal reasons?

I am the mother of 6 year old twins both with special needs. One with severe ADHD and the other non verbal autism.

I have done extensive research and have seen that cannabis oil has been proven to improve the symptoms of both these disorders. My family is considering moving to Colorado to be able to give my kids a better quality of life.

In addition to the health aspect of the legalization it will be an extreme boost to the economy.

My husband and I are both from KY and don’t want to leave but as a parent knowing there is an all natural medical alternative to the harsh drugs given to children I am doing my kids an injustice by staying.

I know we are not alone in the fight for legalization of medical marijuana. There are hundreds of ailments that can be drastically helped by its benefits. Millions of Kentuckians are suffering.
It seems the general assembly has come to an end again without any advancing of any marijuana bill at all to arrive on your desk. We as Kentuckians can’t wait indefinitely on the legislative branch to help our quality of life. Merely discussing this in Frankfort is just not enough. We need action. You have an incredible power like no other governor of KY has before. You have the ability to change and save lives. And change history in our state.

President Trump is a deal maker. So am I. SO is KENTUCKY. Let’s all work together and make this happen. So many other states are taking advantage of the increased tax dollars to improve schools, roads and commerce. JOBS will be created in so many of the poor counties of KY like those affected by factories closing and farming almost becoming obsolete. There are so many positive reasons.
Let’s all work together to make this happen. I don’t want to move to Colorado but it will soon be a necessity.
Thank you for reading this and I hope to hear from you soon.

God bless you and God bless Kentucky

Sincerely, Audra Baker

Send this to your Kentucky Legislators NOW!!!!


 
Image may contain: 1 person
 
Thomas Tony Vance

12 mins ·

Send this to your Kentucky Legislators NOW!!!!

In 1969, the 1937 marijuana tax stamp act was declared unconstitutional.

In 1970 they began creating the 1970 Controlled substances Act and without any scientific input made marijuana schedule one, right up there with heroin. A schedule that cannot be questioned or changed without the approval of the Drug Enforcement Administration. Very few drugs are in this category.

Now we know it was all a political scam to use the drug war to go after and suppress Nixon’s enemies. We know this for sure because the Nixon Administration said so.

The cover story in the April 2016 edition of Harper’s Magazine was, “Legalize it all” written by Dan Baum. Mister Baum was asking Nixon aide John Ehrlichman questions about the politics of drug prohibition and as he tells it, Ehrlichman asked,

“You want to know what this was really all about?” He went on to say, “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did”.

The new AG, Senator Sessions is saying he is going to step up the war on pot users. For what reason?

They claim States Rights when deciding whether or not to protect transgender kids’ right to go to the bathroom of their choice, but not when deciding a State Marijuana policy!

Please ease the fears of the tens of thousands of marijuana users in our State and send a message to the new administration that as a State we will not be bullied by the Feds.

PS: Scientifically, there is a 25% drop in opioid overdose deaths in the first year after passage of a medical marijuana bill that grows to 33% by year 6 after legalization. that means 250 of our citizens will die in the coming year if a bill is not passed this year.

So Git Busy!

You may never know but passage might save the life of one of your family members!

https://www.facebook.com/thomas.t.vance?hc_ref=NEWSFEED&fref=nf

Sen. Morgan McGarvey Hosting Public Mtg RE: Medical Marijuana (KY) on February 18th in Louisville, Kentucky


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Senator Morgan McGarvey Hosting 2/18 Public Meeting

Legalize Kentucky Supporters:

Sen. McGarvey filed a bill to allow medical marijuana in last year’s Legislative session and is expected to do so again this year. We need to get a huge crowd to attend this Saturday to thank him for his past support, and show him there are still many supporters of this important issue!

Here is the information: 

Senator Morgan McGarvey

Public Meeting

10 AM

Saturday, February 18

Douglass Community Center

2305 Douglass Blvd

Ignorance abounds in Kentucky concerning cannabis law


 

In October, farmworkers transported harvested marijuana plants at Los Suenos Farms, America’s largest legal open-air marijuana farm, in southern Colorado.

 

The following story was printed on Kentucky.com and my response is included.

By Thomas Vance

The world is watching Colorado and is finding out that everything we have been told by our government about marijuana has not been factual, to put it nicely.

Colorado legalized medical marijuana in 2012 and recreational in 2014. They have paid more than $150 million in taxes on $1.3 billion in sales for 2016 and have created more than 20,000 full-time jobs in the process and none of the predicted harms of legalization have materialized.

California has had an easy access medical marijuana program for 20 years and none of the terrible things we have been told will happen should cannabis be legal have happened.

All we have to do is copy Colorado’s regulations and standards and get on with it. What are we waiting for? The people in our eastern counties are praying for something to replace the coal industry. God has one ready to go for us and we are ignoring his help.

It’s like the old joke about the guy trapped on his roof in a flood. He prays for God to save him. A helicopter comes by and offers to pick the man up. “No, no, thanks anyway but God said he would save me.”

After a while a boat comes and offers to pick up the man. Again he says no because, “God will save me.”

Later on that night, the waters rose and the man drowned. When he gets up to Heaven He asks God, “Why, why God, didn’t you save me?” and God replies, “I sent you a boat and a helicopter, why didn’t you get in?”

Let’s take this winning lottery ticket the good Lord has given us: an industry safer and healthier than coal. Alleviate the suffering of our eastern counties, create thousands of jobs, garner millions in revenue, enable billions in economic activity and put that money to work for the citizens of our great state.

It would seem that if we get to the end of this legislative session and nothing is done, one could reasonably conclude the Republican-controlled legislature is being derelict in its duty to improve the lives and the well being of our citizens and our state.

Thomas Vance of Alexandria is senior adviser for Veterans for Medical Cannabis Access.

Sample of comments:

H.B. Elkins ·

Media Consultant at Kentucky Valley Media Consulting

Industrial hemp, medical marijuana and recreational marijuana are three distinctly different and separate issues. Far too many times, advocates have appeared to champion the first two and then they show their true colors and advocate for the third. This puts a cloud of suspicion over the motives for supporting industrial hemp and medical marijuana.
You do your cause no favors by mentioning Colorado’s approval of recreational use if you are really advocating medical use. I suspect you are really for full legalization and are just using medical use as an incremental step.
Be honest about your motives. It won’t make me support recreational legalization — I don’t — but it will allow me to respect your efforts.

 

MY RESPONSE:

It is people like HB and JOHN below who are complicit in keeping the repeal of cannabis hemp laws out of KY. Unfortunately most of the politicians in KY have the same mindset.

It all boils down to who has the money now and who they don’t want to have any in the future.

Personally, I am not a legalizer, I am a repealer, meaning that I believe all Cannabis statutes from the Federal Government and UN should be abolished as they are illegal to begin with in my opinion. (Do your own research because I am tired) Legalization renders to regulation which renders to incarceration because, well, what can be more profitable than the prison industrial complex?

This plant has been useful for all of humanity’s existence and will continue to be,  regardless of whether it is legalized or not. (Again, do the research).. The sad part is all the people that could be helped (and one day it may be YOU) that will suffer and die needlessly because of evil people whose only concern in life is how much money they can scarf up from everyone else.

In the meantime, many peoples lives are being saved or at least made better by an illegal plant that God put here, by people who are risking there very lives to get this to those that need it – real patients.

Yes, there are those of us who enjoy smoking a good cannabis ‘cig’ – It helps relieve the mind of stress and pain. Sure is a lot better than the alcohol which most people consume on a daily basis and end up dying from in the long run…

So, I guess until everyone gets their heads on straight about Cannabis, everyone will continue to suffer from statutes, regulation, and imprisonment because people are either too stupid to educate themselves, or are too evil to care.

Which one are YOU???

sk

SOURCE AND LINK TO ORIGINAL ARTICLE ON KENTUCKY.COM

Support Sen. Perry Clark: SB57 and SB76 (2017)


NORML

Legislation filed by Senator Perry Clark of Louisville, SB 57, seeks to establish a statewide, comprehensive medical marijuana program.

Senate Bill 57, The Cannabis Compassion Act, establishes regulations overseeing the establishment of state-licensed dispensaries to provide medical marijuana to qualified patients. It also permits patients to home cultivate their own supply of medical cannabis.

Senator Clark said: “Too many Kentuckians have had their lives stymied with criminal records as a result of nonviolent marijuana convictions. That is wrong. It is time to stop making criminals out of citizens due to outdated and ridiculous laws concerning cannabis.”

Under present state law, the possession of any amount of cannabis is classified as a criminal misdemeanor punishable by up to 45 days in jail, a fine, and a criminal record.

Twenty-nine states and the District of Columbia have enacted statewide provisions allowing patients access to cannabis therapy. Data from other states finds that the enactment of medical marijuana access is associated with lower rates of opioid abuse and mortality, and does not negatively impact workplace safety, teen use, or motor vehicle safety.

Kentucky patients deserve these same protections.

Click here to contact your Senator and urge their support for this measure.

Additionally, Senator Clark has introduced Senate Bill 76, to legalize the possession and use of limited amounts of marijuana for those over the age of 21.

SB 76, the Cannabis Freedom Act, allows adults to possess up to one ounce of cannabis, to cultivate up to five cannabis plants, to store excess cannabis lawfully grown for personal use at the location where it was cultivated; and to transfer up to one ounce of cannabis to another person age 21 or older without remuneration.

Eight states, encompassing some 20 percent of the US population, have enacted similar adult use regulations.

Click here contact your Senator and urge their support piece of legislation as well.

Thanks for all you do,
The NORML Team

P.S. Our work is supported by thousands of people throughout the country as we work to advance marijuana reform in all 50 states and the federal level. Can you kick in $10 or $25 a month to help us keep going?

NORML and the NORML Foundation: 1100 H Street NW, Suite 830, Washington DC, 20005
Tel: (202) 483-5500 • Fax: (202) 483-0057 • Email: norml@norml.org

https://legiscan.com/KY/research/SB57/2017

https://legiscan.com/KY/bill/SB76/2017

Ind. Veteran Pushing For Legalization Of Medical Marijuana


By Barbara Brosher
Posted January 13, 2017

The American Legion of Indiana could consider a resolution this weekend that would encourage state lawmakers to develop a medical marijuana program.

The proposal comes from a Kokomo veteran who hopes medical marijuana could help veterans struggling with opioid addiction.

But, similar proposals have failed to gain traction at the statehouse.

Veteran Hopes Medical Marijuana Could Help Treat Physical, Emotional Pain

Veterans gather on a daily basis at the bar or around tables at the American Legion post in Martinsville to catch up with each other. The talk revolves around their families, politics and, lately, a proposal from another veteran to make medical marijuana legal in Indiana.

“People don’t know what kind of pain old men have. You can explain it to them, but nobody knows”

—James Ritter, Veteran

“If marijuana is medically available for older veterans that have a need for pain relief, yes, do it,” says Veteran James Ritter.

Ritter spent two decades with the Indiana National Guard. He says he supports any legislation that could help fellow veterans improve their health.

“[Legislators] need to go to the veteran’s home in Lafayette, they need to go to the nursing homes where the veterans are there that cannot do anything for themselves but just take pills that doctors prescribe,” Ritter says. “And they’re not getting any better. They need to go out and visit these people instead of just hear stories about it.”

The non-profit Hoosier Veterans for Medical Cannabis released an ad throughout the state this month. Veteran Jeff Staker started the initiative to push for a medical marijuana program in Indiana.

He spoke during the legislature’s veteran’s affairs committee this week. Staker says he’s interested in how marijuana could help curb opioid addiction.

“We got veterans dying every 30 minutes of prescription pain overdose,” he says.

According to Veterans Affairs officials, about 60 percent of those returning from deployments in the Middle East suffer from chronic pain. Doctors often prescribe powerful opioid painkillers that can be highly addictive.

A study published earlier this year found when states legalize medical marijuana, the number of painkillers prescribed drops significantly. Staker says he’s hopeful a medical marijuana program could help veterans with other health problems, too.

“As veterans we’re looking at it as a way to treat veterans from things from PTSD to chronic pain,” he says.

Staker drafted a resolution calling on legislators to develop a medical marijuana program and the American Legion of Indiana could vote on the proposal Saturday.

Va committee

Photo: Barbara Brosher

Previous medical marijuana bills proposed at the statehouse failed to gain any traction.

Previous Attempts To Pass Medical Marijuana Legislation Unsuccessful

A small number of legislators are also calling on the state to adopt such a program. Senator Karen Tallian, D-Portage,  filed a bill this year – and for the past several years –  to legalize marijuana for medical purposes.

She wants the state to develop a program of its own. More than half of the states in the country have medical marijuana programs, including neighboring states Illinois, Ohio and Michigan.

“I setup a Department Of Marijuana Enforcement, we’re going to call it DOME,” Tallian says. “And this department would then put together a more comprehensive, specific program and then bring it back to the legislature.”

PLEASE CONTINUE READING AND TO VIDEO AND AUDIO!

Kentucky Bill Would Legalize Medical Marijuana, Take Step to Nullify Federal Prohibition


FRANKFORT, Ky. (Dec. 13, 2016) – A Kentucky Senate bill slated for introduction in 2017 would legalize medical marijuana for qualifying patients in the state, effectively nullifying the unconstitutional federal prohibition on the same.

Pre-filed by Sen. Perry B. Clark (D-Louisville), BR409 would “protect patients with debilitating medical conditions, as well as their practitioners and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture, if such patients engage in the medical use of cannabis.” The bill will be considered by the Kentucky State Senate during the 2017 legislative session.

Patients would be able to qualify for medical marijuana if they suffered from one of the following ailments listed in BR409:

A terminal illness, peripheral neuropathy, anorexia, cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, substance use disorder, mood disorder, Alzheimer’s disease, lupus, muscular dystrophy, post-traumatic stress disorder, diabetes, sleep disorder, fibromyalgia, autism, ulcerative colitis, arthritis, Parkinson’s disease, traumatic brain injury, Tourette syndrome, anxiety disorder, attention deficit disorder, attention deficit hyperactivity disorder, or the treatment of these conditions

Medical marijuana patients would be allowed to designate a caregiver under BR409, which would permit another individual the legal authority to grow the plant on behalf of the qualifying patient. Dispensaries, called “compassion centers” in BR409, would be permitted to operate as well provided that they comply with the tax and regulatory structure established under the legislation.

“Most of my life we have expended tax dollars pursuing a ban on a plant,” Sen. Clark said in a WKYT news report from earlier this year. “Wasted dollars, they were. We have exponentially increased the power and scope of our criminal justice system by strapping it with issues concerning a plant.”

Despite the federal prohibition on marijuana, measures such as SB409 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

The federal Controlled Substances Act (CSA) passed in 1970 prohibits all of this behavior. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of medical marijuana in Kentucky would remove a huge layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Kentucky sweeps away much of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

With passage of SB409, Kentucky would join a growing number of states simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska have already legalized recreational cannabis. California, Nevada, Maine, and Massachusetts are set to join them after voters approved ballot initiatives in favor of legalization last November.

With more than two-dozen states allowing cannabis for medical use as well, the feds find themselves in a position where they simply can’t enforce prohibition any more.

“The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

WHAT’S NEXT?

BR409 will need to be formally introduced and pass its committee assignments before it can be considered by the full Senate. Stay in touch with our Tenther Blog and our Tracking and Action Center for the latest updates.

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