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Media Advisory: Maryland Legislature to Consider Criminalizing Salvia Divinorum

MEDIA ADVISORY: January 27, 2009 Contact: Naomi Long (202) 669-6071 Maryland Legislature to Consider Criminalizing Salvia Divinorum Both Senate and House to Hold Hearings on Bills to Outlaw the Currently Legal, Psychoactive Plant What: Hearings for bills to criminalize salvia - House Bill 8 and Senate Bill 9 When: Tuesday, January 27, 1 p.m. Where: HB 8 – House Judiciary Committee room 101; SB 9 – Senate Judicial Proceedings Committee room, Ste. 2E Maryland state legislators are seeking to make salvia divinorum a Schedule I drug which would make the substance illegal and out of the realm of research. Opponents say the bill will have the consequence of making it easier for minors to obtain salvia by putting an outright ban on the drug and driving it underground rather than seeking to bring the sale and use of the drug under state regulation and control. Schedule I designations are reserved for substances with the highest potential for abuse and the lowest medicinal value. “We are very concerned about youth drug use, including the use of Salvia, but by outlawing and prohibiting it legislators will make the problem even worse,” said Naomi Long, Director, of the Drug Policy Alliance, D.C. and Maryland Project. “We can curb youth access to Salvia by enacting age controls and placement restrictions similar to our strategies to reduce teenage smoking. We didn’t have to criminalize tobacco or create prison sentences to achieve success. Criminalizing drugs makes it easier for young people to obtain them because the underground market doesn’t check an ID to see if someone’s an adult.” Neither the Drug Enforcement Agency (DEA) nor Congress have taken any action on Salvia Divinorum. Studies have shown that Salvia has no known potential for abuse and may be a candidate for treating addiction, eating disorders, and even HIV infections. The bills, House Bill 8 and Senate Bill 9 are scheduled for hearings in the Judiciary Committee room 101 and Senate Judicial Proceedings Committee room Suite 2E on January 27 at 1 p.m. The bills to criminalize salvia, a psychoactive herb, have been introduced by Delegates Addie Eckardt (R) Jeannie Haddaway(R) and Senator Richard Colburn (R). The Drug Policy Alliance opposes both bills.

Press Release: San Bernardino Supervisors Broke Open-Meetings Law in Medical Marijuana Case, MPP Charges

FOR IMMEDIATE RELEASE    
JANUARY 21, 2009

San Bernardino Supervisors Broke Open-Meetings Law in Medical Marijuana Case, MPP Charges

CONTACT: Aaron Smith, MPP California policy director ................................. 707-575-9870

SAN BERNARDINO, CALIFORNIA -- San Bernardino County supervisors appear to have violated the Brown Act, California's open-meetings law, in deciding to take their lawsuit aimed at overturning part of the state's medical marijuana law to the U.S. Supreme Court, the Marijuana Policy Project charged today.

    San Bernardino and San Diego counties first challenged the state's ability to force them to issue identification cards to state-legal medical marijuana patients in the San Diego County Superior Court in December 2005. After losing in the trial court, both counties took their case to the 4th District Court of Appeals, which unanimously rejected the challenge on July 31, 2008.

    Turning down pleas from local patients and advocates, San Bernardino County supervisors voted to take the case to the California Supreme Court during their Aug. 26 closed session. In violation of the Brown Act, the board failed to notify the public of the decision during the open session that followed the vote. Advocates do not know when the decision to appeal to the U.S. Supreme Court was made, because the public was never notified as required by the Brown Act.

    "I have never seen such utter disdain for voters and the rule of law as has been demonstrated by San Bernardino County's supervisors on this issue," said Aaron Smith, California policy director for the Marijuana Policy Project. "The board is so embarrassed by their decision to waste public funds fighting a popular law that they are trying to hide it from the public, in clear violation of another well-established law."

    Outraged by this failure to follow the law, Fontana resident and medical marijuana patient Craig Johnson filed a written complaint with the Public Integrity Unit at the county district attorney's office. MPP director of state policies Karen O'Keefe and Smith co-signed the letter, which was sent via certified mail on Sept. 15.

    Four months have elapsed and the county has not only failed to respond to the letter but have also formally taken their challenge to the United States Supreme Court.     

    "These supervisors work for the people and must be held accountable for breaking the law," Smith said.

    With more than 26,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Press Release: Sacramento Becomes 48th California County to Adopt Medical Marijuana ID Card Program

 

FOR IMMEDIATE RELEASE   
DECEMBER 16, 2008

Sacramento Becomes 48th California County to Adopt Medical Marijuana ID Card Program
County Was Third Largest Without State-Mandated System

CONTACT: Aaron Smith, MPP California policy director, 707-291-0076

SACRAMENTO, Calif. — The Sacramento County Board of Supervisors decided today to adopt a medical marijuana identification card system, 4 to 1, making it the 48th county to adopt plans to comply with a requirement of a 2003 state law.

    By giving patients the option of obtaining cards identifying them as qualified medical marijuana patients, law enforcement officers will be able to quickly discern whether they are operating within the law, sparing taxpayers the burden of costly, time-consuming false arrests, advocates said.

    The only counties larger than Sacramento that have yet to obey the law requiring a medical marijuana I.D. card program are San Diego and San Bernardino. Those two counties have challenged the program in court three times, all of which have failed. The San Diego County Board of Supervisors has announced its intention to make a final appeal to the U.S. Supreme Court.

    Meanwhile, Ventura County became the last in Southern California – other than San Diego and San Bernardino – to implement a medical marijuana I.D. card program Monday.

    "The decision today signals the beginning of a new an era for California's medical marijuana law,” said Aaron Smith, California policy director for the Marijuana Policy Project. "It should now be crystal clear to all state and local officials that it's their duty to carry out state law and the will of the voters – regardless of their personal opinion on this issue."

    Patients hailed the Sacramento board's vote as a boon for medical marijuana patients and law enforcement alike.

    "By choosing to offer medical marijuana I.D. cards, the supervisors aren't just demonstrating their respect for the law and the will of the voters," said Candice Works, a Sacramento medical marijuana patient and former substance abuse counselor with Kienböck's disease, a rare and painful bone condition. "They're also showing they care about protecting patients from false arrest and saving our police from wasting time investigating law abiding patients. It's in everybody's interest to ensure our medical marijuana program functions as smoothly as possible, and that's what the I.D. card program does."

    With more than 26,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

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Press Release: NJ Moves One Step Closer to Allowing Medical Marijuana

[Courtesy of Drug Policy Alliance] FOR IMMEDIATE RELEASE: Monday, December 15, 2008 NJ Moves One Step Closer to Becoming the Fourteenth State to Allow Access to Medical Marijuana Bill Voted Out of Senate Health, Human Services and Senior Citizens, Heads to Full Senate Vote Next Patients, Doctors and Advocates Applaud Compassionate Use Legislation Trenton, NJ — New Jersey moved one step closer today to becoming the fourteenth state in the nation that allows access to medical marijuana. The Senate Health, Human Services and Senior Citizens Committee held a hearing today on Senate Bill 119 and voted the bill out of committee with six affirmative votes, one negative, and two abstentions. Senate Bill 119 would allow patients suffering from certain debilitating and life-threatening illnesses such as cancer, HIV/AIDS, glaucoma and multiple sclerosis to use and possess medical marijuana with a doctor's recommendation. The bill would also allow for the licensing of centers where qualifying patients could safely access medical marijuana. The program would be administered by the New Jersey Department of Health and Senior Services. Patients, doctors, and advocates applauded the committee's action on Senate Bill 119. The bill now moves to the full senate for a vote. "We want to thank the senators on the committee for voting for the New Jersey Compassionate Use Medical Marijuana Act," said Roseanne Scotti, director of Drug Policy Alliance New Jersey. "The bottom line is about compassion. If you or someone you love is seriously ill and none of the available medications relieved the suffering, wouldn't you want access to medical marijuana if a doctor recommended it? New Jerseyans overwhelmingly support this legislation and we are grateful to the committee for hearing their voices." Senate Bill 119 is sponsored by Senators Nicholas P. Scutari (D-Middlesex, Somerset, Union), Jim Whelan (D-Atlantic), Sandra B. Cunningham (D-Hudson), Raymond J. Lesniak (D-Union), Brian P. Stack (D-Hudson), Stephen M. Sweeney (D-Salem, Cumberland, Gloucester), Loretta Weinberg (D-Bergen), and Joseph F. Vitale (D-Middlesex). Senator Scutari, prime sponsor of the legislation, testified before his colleagues on the health committee. Dr. Denis Petro, internationally known expert on medical marijuana, who testified regarding the scientific support for medical marijuana, praised the committee for voting in support of the legislation. "I am pleased to see the support of the committee for Senate Bill 119," said Petro, a board-certified neurologist in Pennsylvania with more than 25 years experience in neurology, clinical pharmacology and marijuana research. "With passage of the legislation, patients with serious and life-threatening disorders can be offered a safe and effective alternative when conventional therapy is inadequate. The bill represents a positive step toward a rational policy regarding medical marijuana". Thirteen states now have laws allowing seriously ill patients access to medical marijuana—Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington State. The New Jersey Academy of Family Physicians, the New Jersey League for Nursing, the New Jersey chapters of the Leukemia and Lymphoma Society, and the New Jersey Hospice and Palliative Care Organization all submitted testimony today at the hearing in support of Senate Bill 119. "I am thrilled that today members of the Senate Health Committee supported the common sense and compassionate response to suffering.'' said Nora Bertocci, a registered nurse and chair of the New Jersey Hospice and Palliative Care Organization, which works with sick and dying patients on a daily basis. "Medical marijuana is used very successfully in other states and in other countries. We should not be asking 'why should we legalize marijuana for medicinal purposes?' but rather 'why shouldn't we?' '' Scott Ward, a 24-year-old diagnosed with multiple sclerosis in November 2006 while training for the Marine Corps Marathon, tried every legally prescribed medicine his doctors suggested while searching for relief from his symptoms, before he decided to try medical marijuana which has drastically improved his quality of life. Ward was excited by the committee's action and hopeful that the legislation would continue to progress to passage. "To say that I am happy and grateful that the majority of the Senate Health Committee voted in favor of S119 would be an understatement. I came here today to fight for the basic right to live a pain-free life; to be able to get out of bed in the morning not feeling terrible. To use marijuana, my medicine, which works for me," said Ward. "The Senate Health Committee's vote is incredibly encouraging and I urge the rest of the legislature to follow their lead quickly so that other New Jerseyans suffering like myself may find some relief." # # #

Press Release: NJ Moves One Step Closer to Allowing Medical Marijuana

[Courtesy of Drug Policy Alliance] FOR IMMEDIATE RELEASE: Monday, December 15, 2008 NJ Moves One Step Closer to Becoming the Fourteenth State to Allow Access to Medical Marijuana Bill Voted Out of Senate Health, Human Services and Senior Citizens, Heads to Full Senate Vote Next Patients, Doctors and Advocates Applaud Compassionate Use Legislation Trenton, NJ — New Jersey moved one step closer today to becoming the fourteenth state in the nation that allows access to medical marijuana. The Senate Health, Human Services and Senior Citizens Committee held a hearing today on Senate Bill 119 and voted the bill out of committee with six affirmative votes, one negative, and two abstentions. Senate Bill 119 would allow patients suffering from certain debilitating and life-threatening illnesses such as cancer, HIV/AIDS, glaucoma and multiple sclerosis to use and possess medical marijuana with a doctor's recommendation. The bill would also allow for the licensing of centers where qualifying patients could safely access medical marijuana. The program would be administered by the New Jersey Department of Health and Senior Services. Patients, doctors, and advocates applauded the committee's action on Senate Bill 119. The bill now moves to the full senate for a vote. "We want to thank the senators on the committee for voting for the New Jersey Compassionate Use Medical Marijuana Act," said Roseanne Scotti, director of Drug Policy Alliance New Jersey. "The bottom line is about compassion. If you or someone you love is seriously ill and none of the available medications relieved the suffering, wouldn't you want access to medical marijuana if a doctor recommended it? New Jerseyans overwhelmingly support this legislation and we are grateful to the committee for hearing their voices." Senate Bill 119 is sponsored by Senators Nicholas P. Scutari (D-Middlesex, Somerset, Union), Jim Whelan (D-Atlantic), Sandra B. Cunningham (D-Hudson), Raymond J. Lesniak (D-Union), Brian P. Stack (D-Hudson), Stephen M. Sweeney (D-Salem, Cumberland, Gloucester), Loretta Weinberg (D-Bergen), and Joseph F. Vitale (D-Middlesex). Senator Scutari, prime sponsor of the legislation, testified before his colleagues on the health committee. Dr. Denis Petro, internationally known expert on medical marijuana, who testified regarding the scientific support for medical marijuana, praised the committee for voting in support of the legislation. "I am pleased to see the support of the committee for Senate Bill 119," said Petro, a board-certified neurologist in Pennsylvania with more than 25 years experience in neurology, clinical pharmacology and marijuana research. "With passage of the legislation, patients with serious and life-threatening disorders can be offered a safe and effective alternative when conventional therapy is inadequate. The bill represents a positive step toward a rational policy regarding medical marijuana". Thirteen states now have laws allowing seriously ill patients access to medical marijuana—Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington State. The New Jersey Academy of Family Physicians, the New Jersey League for Nursing, the New Jersey chapters of the Leukemia and Lymphoma Society, and the New Jersey Hospice and Palliative Care Organization all submitted testimony today at the hearing in support of Senate Bill 119. "I am thrilled that today members of the Senate Health Committee supported the common sense and compassionate response to suffering.'' said Nora Bertocci, a registered nurse and chair of the New Jersey Hospice and Palliative Care Organization, which works with sick and dying patients on a daily basis. "Medical marijuana is used very successfully in other states and in other countries. We should not be asking 'why should we legalize marijuana for medicinal purposes?' but rather 'why shouldn't we?' '' Scott Ward, a 24-year-old diagnosed with multiple sclerosis in November 2006 while training for the Marine Corps Marathon, tried every legally prescribed medicine his doctors suggested while searching for relief from his symptoms, before he decided to try medical marijuana which has drastically improved his quality of life. Ward was excited by the committee's action and hopeful that the legislation would continue to progress to passage. "To say that I am happy and grateful that the majority of the Senate Health Committee voted in favor of S119 would be an understatement. I came here today to fight for the basic right to live a pain-free life; to be able to get out of bed in the morning not feeling terrible. To use marijuana, my medicine, which works for me," said Ward. "The Senate Health Committee's vote is incredibly encouraging and I urge the rest of the legislature to follow their lead quickly so that other New Jerseyans suffering like myself may find some relief." # # #

King's Co. Becomes 42nd California County to Adopt Medical Marijuana ID Card Program

FOR IMMEDIATE RELEASE   
SEPTEMBER 23, 2008

King's Co. Becomes 42nd California County to Adopt Medical Marijuana ID Card Program
Decision Comes Two Weeks After Fresno Chooses to Start Its Program

CONTACT: Aaron Smith, MPP California organizer, 707-291-0076

KING'S COUNTY, Calif. — The King's County Board of Supervisors unanimously decided to adopt a medical marijuana identification card system today, making it the 42nd county to comply with a requirement mandated by a 2003 state law.

    By giving patients the option of obtaining cards identifying them as qualified medical marijuana patients, law enforcement officers will be able to quickly discern whether they are operating within the law, sparing taxpayers the burden of costly, time-consuming false arrests, advocates said.

    "California's voters, Legislature and the courts have made it clear that counties must comply with the state's medical marijuana law," said Aaron Smith, California organizer for the Marijuana Policy Project. "In instituting this I.D. card program, the King's County supervisors are not only demonstrating their understanding of the law and their obligation to follow it, they're helping ensure California's medical marijuana law works as voters intended it to."

    Like the Fresno supervisors who voted for the I.D. card program just two weeks ago, the King's County board was waiting for a ruling on a legal challenge to the I.D. card program before making its decision. The 4th District Court of Appeals unanimously dismissed the challenge brought by San Diego and San Bernardino counties July 31, though both counties have vowed to appeal to the California Supreme Court.

    Patients and advocates hailed the decision as the latest sign that local and state officials have come to understand the importance of protecting the rights of seriously ill Californians to use medical marijuana to relieve their pain if their doctors recommend it. In August, Attorney General Jerry Brown issued the most comprehensive directives on how law enforcement should interact with medical marijuana patients and collectives, a move lauded by the state's Police Chiefs Association as an important step toward clarifying the law. The guidelines state that the I.D. cards "represent one of the best ways to ensure the security and non-diversion of marijuana grown for medical use."

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

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On Election Day, Whose Voices Are Heard?

Election 2008

Dear friends,

On Election Day, people across the country will miss out on casting a ballot because they don't even know they're eligible to vote. Right now in Alabama, we're working to repair the democratic process with a groundbreaking voter registration project being conducted in partnership with The Ordinary People's Society (TOPS), an Alabama organization.

The Alabama Constitution protects the right to vote for people convicted of nonviolent, low-level drug crimes but most of the 70,000 people in the Alabama criminal justice system who fall into this category have never been told they can vote. Even when they do know they're eligible, they have no easy access to the ballot box -- and as many as 10,000 eligible voters are currently incarcerated in Alabama's overcrowded prisons.

TOPS is going into prisons to register voters this fall, working to remedy this egregious example of how the war on drugs undermines our democracy. But Alabama is just one example among many.
 
More than five million people nationwide are disfranchised for all kinds of offenses, with nonviolent drug convictions making up a significant portion of that group. In some states, anyone with a felony conviction is barred from ever voting again -- even once their debt to society is fully paid. In many other states, the process of restoring your right to vote after a felony conviction is so wrapped in red tape that even the most determined would-be voter gets stuck.

Not only that, but widespread misconceptions keep eligible potential voters from ever even trying to register. For example, in New York state, a survey conducted by a voting rights organization found that many county registrars in New York believed that people who had been arrested -- not convicted, just arrested -- could not vote. Among arrestees themselves, an even greater percentage believed the same thing!

The historic work DPA and TOPS are doing in Alabama paves the way to address larger questions about the intersection between voting rights and the criminal justice system. One of these questions takes on particular relevance given the close results of recent elections: Nationally, how many potential votes are lost because of draconian penalties for nonviolent drug offenses?

As we begin this conversation nationwide, I am excited to be part of our Alabama effort in advance of a presidential election that is projected to have very high voter turnout. We have a long way to go to restore democracy to our criminal justice system but I am proud that Alabamians who didn't even know they could vote will be part of the large numbers of Americans who cast a ballot this Election Day. You can join us by supporting this historic work with a donation to DPA Network.

 

Sincerely,

Gabriel Sayegh
Director, State Organizing and Policy Project
Drug Policy Alliance Network

Fresno Becomes 41st California County to Adopt Medical Marijuana I.D. Card Program

FOR IMMEDIATE RELEASE   
SEPTEMBER 9, 2008

Fresno Becomes 41st California County to Adopt Medical Marijuana I.D. Card Program
Decision Is a Sign that Counties Can No Longer Ignore Law

CONTACT: Aaron Smith, MPP California organizer, 707-575-9870

FRESNO, Calif. — The Fresno County Board of Supervisors voted 3-1 today to adopt a medical marijuana I.D. card system, making it the 41st county to comply with a requirement mandated by a 2003 state law. One board member abstained.

    By giving patients the option of obtaining cards identifying them as qualified medical marijuana patients, law enforcement officers will be able to quickly discern whether they are operating within the law, sparing taxpayers the burden of costly, time-consuming false arrests, advocates said.

    "California's voters, Legislature and the courts have made it clear that counties must comply with the state's medical marijuana law," said Aaron Smith, California organizer for the Marijuana Policy Project. "Hopefully the decision to implement this program in Fresno County will send a message to the other counties across the San Joaquin Valley that have yet to comply."

    The board had decided in July to delay a decision until the 4th Circuit Court of Appeals ruled on a challenge to the I.D. card program by the counties of San Diego and San Bernardino. Although the case was unanimously dismissed July 31, officials from both counties vowed to appeal to the California Supreme Court.

    "While their colleagues in San Diego and San Bernardino continue to avoid reality, Fresno board members today demonstrated they understand and respect the rule of law," Smith said. "There is no longer any excuse for any county official in this state to obstruct this simple, commonsense – and mandatory – I.D. card program."

    Patients and advocates hailed the decision as the latest sign that local and state officials have come to understand the importance of protecting the rights of seriously ill Californians to use medical marijuana to relieve their pain if their doctors recommend it. In August, Attorney General Jerry Brown issued the most comprehensive directives on how law enforcement should interact with medical marijuana patients and collectives, a move lauded by the state’s Police Chiefs Association as an important step toward clarifying the law. The guidelines state that the I.D. cards “represent one of the best ways to ensure the security and non-diversion of marijuana grown for medical use."

    "The Fresno Board of Supervisors' decision represents a victory for sensible, compassionate policymaking," said Dana Bobbitt, a Fresno resident who turned to medical marijuana to aide in his treatment for hepatitis C. "It's about time that our local leaders realized their obligation to uphold the rule of law and the will of the voters by implementing this program."

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

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Press Release: Fresno Supervisors to Vote on State-Mandated Medical Marijuana I.D. Card Program Tuesday

MEDIA ADVISORY   
SEPTEMBER 8, 2008

Fresno Supervisors to Vote on State-Mandated Medical Marijuana I.D. Card Program Tuesday
Board's Decision to Come on the Heels of Appeals Court's Unanimous Dismal of San Diego, San Bernardino's Challenge to Program

CONTACT: Aaron Smith, MPP California organizer, 707-575-9870

FRESNO, Calif. — The Fresno County Board of Supervisors will make a decision Tuesday about whether to implement the Medical Marijuana Identification Card Program required by California law, 2 p.m., in the County Board Chambers in the Hall of Records at 2281 Tulare St.

    Although 40 California counties have implemented the program – including Merced, Tulare, Inyo and San Benito as well as Los Angeles, Orange and Kern – Fresno has yet to act. The board had decided in July to delay a decision until the 4th Circuit Court of Appeals ruled on a challenge to the ID card program by the counties of San Diego and San Bernardino. The case was unanimously dismissed July 31.

    WHAT: San Bernardino County Board of Supervisors meeting to decide on state-mandated Medical Marijuana Identification Card Program

    WHEN: Tuesday, Sept. 9, 2008, 2 p.m.

    WHERE: County Board Chambers in the Hall of Records at 2281 Tulare St.

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

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Press Release: Medical Marijuana Employment Rights Bill Passes Both CA Houses

PRESS RELEASE Americans for Safe Access For Immediate Release:* August 20, 2008 Medical Marijuana Employment Rights Bill Passes Both California Houses / Anti-discrimination bill AB2279 now heads to the Governor's desk Sacramento, CA -- A medical marijuana employment rights bill, which would protect hundreds of thousands of medical marijuana patients in California from employment discrimination, passed the State Senate today. AB2279 had already passed the State Assembly in May, which means the bill now heads to the Governor's desk. Advocates expect the bill to reach Schwarzenegger's desk in the next few weeks. AB2279, introduced in February by Assemblymember Mark Leno (D-San Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), reverses a January California Supreme Court decision in the case /Ross v. RagingWire/. Support for the bill has been widespread, coming from labor, business, and health groups at the local and national level. "Now that both houses of the California legislature have voted in favor of employment rights for medical marijuana patients, the onus is on Governor Schwarzenegger to do the right thing," said Joe Elford, Chief Counsel with Americans for Safe Access, the medical marijuana advocacy group that argued the case before the Court and a sponsor of the bill. "The Governor has a chance to include medical marijuana patients as productive members of society, thereby protecting the jobs of thousands of Californians with serious illnesses such as cancer and HIV/AIDS." The bill leaves intact existing state law prohibiting medical marijuana consumption at the workplace or during working hours and protects employers from liability by carving out an exception for safety-sensitive positions. "AB2279 is not about being under the influence while at work. That's against the law, and will remain so," said Mr. Leno, the bill's author. "It's about allowing patients who are able to work safely and who use their doctor-recommended medication in the privacy of their own home, to not be arbitrarily fired from their jobs," continued Mr. Leno. "The voters who supported Proposition 215 did not intend for medical marijuana patients to be forced into unemployment in order to benefit from their medicine." On January 24, in a 5-2 decision, the California Supreme Court upheld a lower court's ruling that an employer may fire someone solely because they use medical marijuana outside the workplace. The plaintiff in the case, Gary Ross, is a 46-year old disabled veteran who was a systems engineer living Carmichael, California, when he was fired from his job in 2001 at RagingWire Telecommunications for testing positive for marijuana. The decision in /Ross v. RagingWire/ dealt a harsh blow to patients in the courts, shifting the debate to the state legislature. But, before the court made its final decision, Ross enjoyed the support of ten state and national medical organizations, all of the original co-authors of the Medical Marijuana Program Act (SB 420), and disability rights groups. Since it began recording instances of employment discrimination in 2005, ASA has received hundreds of such reports from all across California. Further information: Employment rights legislation AB2279: http://www.AmericansForSafeAccess.org/downloads/AB_2279.pdf ASA web page on AB2279, including Fact Sheet and Letters of Support: http://www.AmericansForSafeAccess.org/AB2279 Legal briefs and rulings in the Ross v. RagingWire case: http://www.AmericansForSafeAccess.org/Ross # # #
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