State & Local Legislatures

Action Alert: March 31, 2008 On Friday, the Senate passed a bill to make the second-time possession of ecstasy (MDMA) a felony in the state of Kansas by a vote of 40-0. This bill passed the House earlier by a vote of 117-2. The bill has been sent to the governor for her signature. Currently, a conviction for possession of ecstasy is a misdemeanor, no matter the number of convictions. Ecstasy now joins marijuana as a second-conviction felony, meaning the person will be sentenced under SB 123 to mandatory treatment - whether they need it or not - fines and possible jail time. Implementing this bill is expected to cost between $700,000 and $1,300,000 this year alone. Money that could be used for re-entry programs in the state. More information on HB 2545 can be found here, http://www.kslegislature.org/legsrv-bills/searchBillNumber.do It is fully expected that the KBI will ask next year to add LSD and mushrooms to this list - further criminalizing drug use, while not expending any additional tax-dollars on effective drug education. (Kansas school children in the majority of districts are still subjected to the research-proven ineffective DARE program.) In other drug policy-related legislation, Salvia divinorum or salvinorum, and Datura stramonium, commonly known as gypsum weed or jimson weed was moved to Schedule 1, thereby criminalizing the possession and sale of the drug. Read more about these new laws and all the drug control policy-related legislation on our website, http://www.dpfks.org/KSLeg.html. Sincerely, Laura A. Green, Executiver Director Please help us promote innovative drug policies by sending your tax-deductible donation today. Become a member: Add yourself to our mailing list by going to our web site www.dpfks.org. To unsubscribe, reply to this message with the word unsubscribe. Our mailing address is DPFKS, PO Box 357, Lawrence, Kansas 66044

[Courtesy of Americans for Safe Access] For Immediate Release: February 21, 2008 Contact: ASA Media Liaison Kris Hermes (510) 681-6361 or ASA Chief of Staff Rebecca Saltzman (510) 251-1856 x308 State Bill Introduced Yesterday Protects Employment Rights of Medical Marijuana Patients AB 2279 would reverse the State Supreme Court in Ross v. Raging Wire Sacramento, CA -- Assemblymember Mark Leno (D-San Francisco) and several co-authors introduced a bill yesterday that would protect the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination. The bill leaves intact existing state law prohibiting medical marijuana consumption at the workplace and protects employers from liability by carving out an exception for safety-sensitive positions. The employment rights bill, which is being co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), is in response to a January decision by the California Supreme Court in Ross v. RagingWire. National medical marijuana advocacy group Americans for Safe Access (ASA) argued the case before the court and is now a sponsor of the bill. "The California Supreme Court decision said that an employer may fire someone solely because they use medical marijuana outside the workplace," said Assemblymember Leno. "Long ago, the legislature prohibited patient use of medical cannabis in the workplace or during working hours," continued Leno. "AB 2279 is merely an affirmation of the intent of the voters and the legislature that medical marijuana patents need not be unemployed to benefit from their medicine." On January 24, in a 5-2 decision, the California Supreme Court upheld the lower court's ruling that denied qualified patients a remedy from employment discrimination, based either on their status as a patient or a positive test for marijuana. 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. "It's important that we not allow wholesale employment discrimination in California," said former plaintiff Gary Ross. "If the court is going to ignore the need for protection, then it's up to the legislature to ensure that productive workers like me are free from discrimination." The decision in Ross v. RagingWire closed the door on redress through the courts, shifting the debate to the state legislature. California is not alone in its attempt to affirm employment protections for medical marijuana patients. Both Oregon and Hawaii have introduced similar legislation aimed at clarifying the intent of the state legislatures. This recent multi-state effort builds on existing legislation adopted in ten out of twelve medical marijuana states, including California, which already sought to protect patients from employment discrimination. "We welcome and strongly endorse this clarification from the legislature," said ASA spokesperson Kris Hermes. "Despite the ill-conceived ruling by the California Supreme Court, the intent of state legislatures has been to recognize the civil rights of patients and to offer them reasonable protections." 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. Employers that have either fired patients from their job, threatened them with termination, or denied them employment because of patient status or because of a positive test for marijuana, include Costco Wholesale, UPS, Foster Farms Dairy, DirecTV, the San Joaquin Courier, Power Auto Group, as well as several construction companies, hospitals, and various trade union employers. Further information: Employment rights legislation introduced yesterday: http://safeaccessnow.org/downloads/AB2279.pdf California Supreme Court decision in Ross v. RagingWire: http://www.safeaccessnow.org/downloads/Ross_Ruling.pdf Review legal briefs and more about the Ross v. RagingWire case here: http://www.safeaccessnow.org/Ross # # #

[Courtesy of CA NORML] CAL: URGE YOUR LEGISLATOR TO OPPOSE DEA MEDICAL MARIJUANA RAIDS - SUPPORT SJR 20 See: http://capwiz.com/norml2/issues/alert/?alertid=10990366&type=ST&show_alert=1 California Senate Asks Feds to Cease Harassing Law Abiding Dispensaries! Urge Your Senator to Vote YES on SJR 20! NORML is pleased to announce that SJR 20, a resolution stating the Senate's opposition to the federal government's crackdown on local medical cannabis providers, has been introduced in the California State Senate and referred to the Senate Committee on Health. This resolution would reinforce the Senate's opposition to the Drug Enforcement Administration's raids on medical marijuana facilities that pay sales tax and comply with California law. If passed, the California State Senate will forward copies of this resolution to the President, Vice-President, Speaker of the House, and all California representatives and senators, urging them to respect California law. Please take a moment and write your state senator today asking him or her to support SJR 20. If your senator sits on the Senate Committee on Health, then it is even more imperative that he or she hears from you. For your convenience, a prewritten letter will be sent to your state senator when you enter your zip code below. Click on: http://capwiz.com/norml2/issues/alert/?alertid=10990366&type=ST&show_alert=1 -- California NORML, 2215-R Market St. #278, San Francisco CA 94114 -(415) 563- 5858 - www.canorml.org, http://www.canorml.org/.

[Courtesy of the Kansas Compassionate Care Coalition] An historic first step was taken today toward obtaining legal protections for patients who use, and physicians who recommend marijuana as part of a treatment program for debilitating medical conditions! The Senate Healthcare Strategies committee voted to introduce The Medical Marijuana Defense Act which allows for a “defense to prosecution” for legitimate medical marijuana patients charged with possession of marijuana. This means a person who is charged with possession of marijuana can obtain a written certification from a physician to use in their defense to the charge. Under current Kansas law, legitimate medical marijuana patients can not raise the issue of their medical use to a judge or jury. The bill includes protections for physicians who recommend the use of marijuana to their patients. The bill also would reject out-of-state medical marijuana cards and registrations from being used as a defense in Kansas courts. Laura A. Green, the Director of the Kansas Compassionate Care Coalition requested the committee introduce the bill, and it was approved on voice vote. Only Senator Vicki Schmidt (R-Topeka) was opposed to allowing the bill to be introduced. The bill is now in the State Revisor’s office. They will put it into bill format and forward it for bill number assignment. This process should take about 7 days. A hearing on the bill is expected in the next few weeks. We will let you know when the bill number and committee hearing date have been assigned! Please voice your support for The Medical Marijuana Defense Act by signing our statement of principles on our website or by contacting your legislator and asking them to support medical marijuana legislation in Kansas. Use the online system at our website, http://www.ksccc.org, to send your message directly to their email inbox. We would like to thank everyone who has signed the statement and sent us letter of support. Together we can ensure that medical decisions remain between a doctor and their patient! Laura A. Green Coalition Director

[Courtesy of Berkeley Patients Group] Friends, Tomorrow night (1/29/08), the Berkeley City Council will be considering a very important resolution. Co-sponsored by Kriss Worthington and Darryl Moore, this item would: 1. declare Berkeley a "sanctuary city" for medical cannabis in the event that the DEA raids any of our dispensaries, 2. call on the Berkeley Police Department, the County District Attorney, the Alameda County Sheriff's Department, and the State Attorney General not to cooperate with the DEA in its efforts to undermine state and local medical cannabis laws, 3. urge Governor Schwarzenegger to publicly stand with the more than 200,000 medical cannabis patients in the state and to let Congress and the Bush Administration know that DEA interference is uncalled for and will be resisted by local and state government, and 4. encourage the City to plan for continued safe access in Berkeley in the event of a DEA raid on one or more of our dispensaries. See the draft text at: http://www.ci.berkeley.ca.us/citycouncil/agenda-committee/agendaindex.htm Click on the pdf for the 1/22 meeting, and look for Item 22. ASA and others have worked extensively with Councilmembers Moore and Worthington, and with many other supportive city staff, to craft this resolution, and we expect the full support of the Council, the City Manager and the City Attorney tomorrow night. Obviously this is a VERY important moment for medical cannabis patients, and I want to encourage you to attend tomorrow's City Council meeting if at all possible. We plan to have a rally at 6:45 p.m., before the Council meeting, on the steps of Old City Hall. Wear your ASA shirt, sport a medical marijuana pin, and let's fill the hall with supporters to celebrate the moment--and thank our Berkeley elected officials for taking this significant step to defend patients' rights! City Council Meeting - 1/29/2008 7 p.m. - 10 p.m. 2134 Martin Luther King, Jr. Way Be well, Becky DeKeuster Community Liaison Berkeley Patients Group 2747 San Pablo Ave. Berkeley, CA 94702 510-540-6013 ext. 0

FOR IMMEDIATE RELEASE: September 12, 2007 CONTACT: Patrick Goggin at (415) 312-0084 or Adam Eidinger at (202) 744-2671, [email protected] California Legislature Passes Industrial Hemp Bill for Second Time in Two Years AB 684 Would Allow Farmers to Grow Non-Drug Varieties of Cannabis New Compromise Legislation is Ripe for Governor’s Support SACRAMENTO, CA – Last night, California’s Senate and Assembly each voted to approve AB 684, the California Industrial Hemp Farming Act of 2007. The legislation gives some California farmers the right to grow non-psychoactive industrial hemp, which is commonly used in everything from food, clothing, paper, and body care to bio-fuel and even auto parts. The bill now goes to Governor Schwarzenegger for his signature. The text of the legislation can be found at: http://www.votehemp.com/state/california.html#Legislation . AB 684, the California Industrial Hemp Farming Act, was authored by Assemblyman Mark Leno (D-San Francisco) and Assemblyman Chuck DeVore (R-Irvine). Thanks to their leadership, this is the second time in two years that a bipartisan hemp farming bill has passed the legislature. Last year, Governor Arnold Schwarzenegger vetoed AB 1147. The new version of the bill responds to his concerns. “The new legislation significantly limits the scope of hemp farming to just four agricultural counties, includes a sunset provision, and contains rules on testing crops to ensure the industrial hemp contains less than 3/10 of 1% THC,” says Vote Hemp legal counsel and San Francisco attorney Patrick Goggin. “This bill is a response to the Governor’s detailed explanation of his veto last year. Everyone knows hemp farming is consistent with California’s effort to be leader on US environmental policy. We believe this new hemp legislation is deserving of the Governor’s signature,” adds Goggin. Farmers would only be able to grow industrial hemp as a pilot program in Imperial, Kings, Mendocino, and Yolo counties. Hemp is a versatile plant that is taking off as an organic food and body care ingredient. Imports from Canada of hemp foods grew 300% between 2006 and 2007. Today more than 30 industrialized nations grow industrial hemp and export it to the US. Hemp is the only crop that is both illegal to grow and legal for Americans to import. There is strong support for hemp in California. A telephone poll of likely California voters, taken from February 22 – 26, showed a total of 71% (+/- 3.5%) supporting changes to state law allowing farmers to grow hemp. The survey was conducted by the respected research firm Zogby International on behalf of Vote Hemp and five manufacturers of hemp food products, including Alpsnack®, French Meadow Bakery®, Living Harvest®, Nature’s Path Organic Foods® and Nutiva®. Poll questions and results regarding industrial hemp farming policy and consumer attitudes on hemp products and nutrition can be viewed online at: http://www.votehemp.com/polls.html # # More information about hemp legislation and the crop’s many uses can be found at www.VoteHemp.com.

FOR IMMEDIATE RELEASE: June 4, 2007 CONTACT: Lorenzo Jones (860) 270-9586 or Gabriel Sayegh (646) 335-2264 Connecticut Set to Become 13th State to Legalize Use of Medical Marijuana Compassionate Use Bill Passes Legislature by Wide Margins, Heads to Governor’s Desk Patients, Doctors, Caregivers Call Upon Gov. Rell to Have Compassion, Support Patients by Signing HB 6715 HARTFORD, CT—Connecticut is on the verge of becoming the thirteenth state to allow the use of medical marijuana. The Connecticut State Senate passed HB 6715, the Compassionate Use Act late last Friday. The bill passed by a 23-13 margin after clearing the House of Representatives by an 89-58 margin weeks earlier. The bill now goes to Gov. M. Jodi Rell for her signature. If Rell neither signs nor vetoes the bill, it will automatically become law. Thousands of Connecticut residents live with crippling pain, are suffering with cancer and HIV/AIDS, or other debilitating ailments. HB 6715 allows Connecticut residents with certain debilitating medical conditions to cultivate and use marijuana for medical purposes when recommended by a practicing physician. “This bill will help alleviate the feelings of helplessness that families face when their loved ones suffer,” said Lorenzo Jones, executive director of A Better Way Foundation. “We’ve believed all along that compassion and fairness would bring this bill to final passage. Now we need the Governor to sign the bill so families and patients can have some relief. We know she’ll do the right thing.” By passing HB 6715, the Legislature ended a five-year Legislative battle to win medical marijuana in a state that has overwhelming public support for the issue. A 2004 University of Connecticut poll found that 84 percent of Connecticut residents support the medical use of marijuana. Dozens of community organizations, including the CT Nurses Association, support medical marijuana. “Allowing for the use of marijuana for medicinal purposes is the right thing to do for the State of Connecticut,” said bill sponsor, Rep. Penny Bacchiochi, R-District 52. “This issue is not about legalizing drugs. It's about keeping those who seek compassionate care for treating crippling diseases out of jail.” Currently, there are 12 states with medical marijuana laws. New Mexico passed its medical marijuana bill in March. Last month, the Rhode Island legislature voted to make their state law permanent, and last week Vermont’s legislature voted to expand their medical marijuana law. Other medical marijuana bills are currently under consideration in New Jersey, New York and Alabama. “I am just 32 years old and yet due to my medical condition I feel as if, at times, I am 92,” said Joshua Warren, a patient in Wilton, CT, who suffers from chronic neurological Lyme disease. “I did not ask for this condition nor would I wish any of my pain and other symptoms on anyone else. I hope Gov. Rell will have compassion for me and for others and signs this bill.” ###

FOR IMMEDIATE RELEASE: May 16, 2007 For more info, contact: Ken @ (609) 394-2137 Jim Miller to push wheelchair across New Jersey for Medical Marijuana WHAT: Wheel chair march across New Jersey to dramatize plight of patients who are suffering needlessly due to legislature’s failure to pass medical marijuana bill (S 88 & A 933). WHO: Jim Miller, co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., and Libertarian Party candidate for state senate from 10th District. Libertarian Party members, patients and friends will join Mr. Miller at the start of the march. WHEN: Sunday, May 20, 2007 at 12 noon (start) through Tuesday, May 22, 2007, 11 a.m to 1 p.m. rally in Trenton (finish). WHERE: March starts at Captain Hooks Bar, 1320 Boulevard, Seaside Heights, NJ, crosses Rt. 37 Bridge and stops for lunch at The Pier, 3430 Rt. 37 east, Toms River. March proceeds to Rt. 9 to Rt 33 to Trenton. Jim Miller, the co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., (CMMNJ) will once again push his wife, Cheryl’s memorial wheelchair across the state of New Jersey starting Sunday, May 20, 2007 at 12 noon in order to call attention to patients who are suffering needlessly because they are denied access to medically recommended marijuana. Cheryl Miller, who died in 2003 from complications of Multiple Sclerosis, was a medical marijuana user and a tireless advocate for the right of patients to use this drug. “Cheryl Miller died without ever being able to use marijuana legally in New Jersey, despite the fact that marijuana eased her muscle spasms more effectively than any other drug and did so safely and with minimal side effects,” said Ken Wolski, RN, Executive Director of CMMNJ. See www.cherylheart.org for more details. Jim Miller is also this year’s Libertarian Party candidate for state senator from New Jersey’s 10th District. Libertarian Party members, patients, and friends will accompany Mr. Miller on the first leg of his march, from Captain Hooks Bar, located at 1320 Boulevard, Seaside Heights, across the Rt. 37 bridge to The Pier restaurant in Toms River, where they will stop for lunch. For more details of this year’s march, see: http://www.njlp.org. Mr. Miller said it has been 14 years since the last time he pushed his wife’s wheelchair across New Jersey, in May 1993. This year, Mr. Miller is expected to arrive in Trenton on Tuesday, May 22, 2007 at approximately 11 a.m. There will be a rally on the steps of the State House in Trenton when Mr. Miller arrives, until 1:00 p.m. The Coalition for Medical Marijuana--New Jersey, Inc. is a non-profit educational organization. CMMNJ has public meetings on the second Tuesday of every month at the Lawrence Township (Mercer County) Library, from 7:00 PM until 9:00 PM. All are welcome. Light refreshments are served. For more info, contact: Ken Wolski, RN, MPA, Executive Director Coalition for Medical Marijuana--New Jersey, Inc. 844 Spruce St., Trenton, NJ 08648 609.394.2137 www.cmmnj.org [email protected]

FOR IMMEDIATE RELEASE: Thursday May 10, 2007 CONTACT: Adam Eidinger Ph: 202-744-2671, E: [email protected] or Tom Murphy Ph: 207-542-4998, E: [email protected] California Assembly Passes Hemp Farming Legislation AB 684 Would Allow Farmers to Grow Non-Drug Varieties of Cannabis SACRAMENTO, CA – California’s Assembly today voted 41 to 29, with 9 not voting, to approve AB 684, the California Industrial Hemp Farming Act of 2007. The legislation gives farmers the right to grow non-psychoactive Industrial Hemp which is commonly made into everything from food, clothing, paper, body care, bio-fuel and even auto parts. The bill now goes to the Senate where it is expected to have enough support to pass. The text of legislation can be found at: http://www.votehemp.com/state/california.html#Legislation. AB 684, the California Industrial Hemp Farming Act, was authored by Assemblyman Mark Leno (D-San Francisco) and Assemblyman Chuck DeVore (R-Irvine). This is the second time in two years that a bipartisan hemp farming bill has passed the Assembly. Last year, Governor Arnold Schwarzenegger vetoed AB 1147 which is nearly identical to AB 864. At that time the Governor claimed that bill would put farmers in jeopardy of federal prosecution if they grew hemp despite assurances by Vote Hemp and other supporting organizations such as the California based Hemp Industries Association and California Certified Organic Farmers there would be a challenge to the Drug Enforcement Administration’s legal authority to interfere with the state hemp farming law prior to implementation. “Passage of the hemp farming bill in the Assembly is a sign it is likely to reach Governor Schwarzenegger’s desk for the second year in row,” says Vote Hemp legal Council and San Francisco Attorney Patrick Goggin. “The mood in Sacramento is this bill is consistent with California’s effort to be leader on US environmental policy. Hemp is a versatile plant that can replace polluting crops such as cotton and is taking off as an organic food and body care ingredient. It is time to jump into the expanding market for hemp that California companies currently import from Canada and elsewhere.” Today more than 30 industrialized nations grow industrial hemp and export to the US. It is the only crop that is both illegal to grow and legal for Americans to import. Sales of hemp food and body care products have grown rapidly in recent years fueling an expansion of hemp farming in Canada which topped 48,000 acres in 2006. A telephone poll with a 3.5% margin of error of likely California voters taken from February 22 – 26 showed a total of 71% support changing state law to allow farmers to grow hemp. The survey was conducted by the respected research firm Zogby International on behalf of Vote Hemp and five manufacturers of hemp food products including Alpsnack®, French Meadow Bakery®, Living Harvest®, Nature’s Path Organic Foods® and Nutiva®. Poll questions and results regarding industrial hemp farming policy and consumer attitudes on hemp products and nutrition can be viewed online at: http://www.votehemp.com/polls.html. There is evidence of strong support among men and women and self-identified liberal and conservative voters on the issue. Among California Republicans, 60% support changing state law on hemp while 74% of Democrats are in support. Support was also steady among all age groups, ranging from 54% of 18 to 29 year olds to 82% of 30 to 49 year olds, 74% of 50 to 64 years olds and 60% of those over 65 years old. # # More information about hemp legislation and the crop’s many uses can be found at www.VoteHemp.com.

[Courtesy of the Harm Reduction Coalition] For Immediate Release: May 8, 2007 Contact: Emalie Huriaux, tel: 510-469-7941 Overdose Bill Moves Forward: Unanimous Judiciary Committee Support SACRAMENTO - California Senate Bill (SB) 767, the Overdose Treatment Liability Act, cosponsored by the Harm Reduction Coalition (HRC), a national health and human rights advocacy group working to reduce drug-related harm, and the County of Los Angeles passed the bipartisan California Senate Judiciary Committee today in a 5-to-0 vote. SB 767 will make it easier for health care professionals to participate in comprehensive drug overdose prevention programs that prescribe the opioid antagonist naloxone, thereby removing a large obstacle to the creation and expansion of such programs in California. This proposed legislation will also make it easier to get opioid antagonists into the hands of the people who are the most likely to be bystanders to opioid overdoses, increasing the likelihood that people overdosing on opioids will receive naloxone promptly. Emalie Huriaux, HRC's Overdose Project Manager stated after the unanimous vote, "We are pleasantly surprised. Liability legislation rarely gets support from the Senate Judiciary Committee. This vote shows that committee members understand the lifesaving effects SB 767 will have." Sandi McClure, a member of the Los Angeles Overdose Taskforce, delivered powerful testimony about the loss of her daughter, Jennifer, 15 months ago to a heroin overdose, and how access to naloxone may have saved her life. In addition, Dr. Jeffrey Gunzenhauser, Medical Director for the County of Los Angeles, spoke about the drug overdose epidemic in Los Angeles and throughout the country. Although naloxone is a very safe drug and recent studies have proven that lay people, with appropriate training, can safely and properly administer it, some clinicians are concerned about prescribing take-home naloxone for use by lay people. Clinicians voice concerns that patients may use naloxone on a third party experiencing an overdose and, in the event of an adverse reaction, the clinician could be held liable. In recent years, New York, New Mexico, and Connecticut have enacted legislation similar to SB 767 to protect licensed health care professionals from civil and criminal liability when prescribing take-home opioid antagonists. Since November 2003, HRC's Overdose Project has collaborated with the San Francisco Department of Public Health to provide overdose prevention, recognition, and response training, including naloxone prescriptions, to people at risk for experiencing an opioid overdose. To date, this collaboration has provided training and prescriptions to nearly 1,000 people and heard reports from 250 of them that they used naloxone in an overdose situation. Drug overdose, which is entirely preventable, is the second leading cause of accidental death in the United States. When a person overdoses on opioids (heroin, morphine, methadone, oxycontin, etc.), he/she is rendered unconscious and is in danger of dying because the opioids slow down, and eventually stop, the person's breathing. Naloxone counteracts life-threatening depression of the central nervous and respiratory systems caused by an opioid overdose, allowing an overdose victim to breathe normally. Currently, naloxone can be prescribed only by licensed health care professionals, and has the same level of regulation as prescription ibuprofen. SB 767 protects providers who prescribe take-home naloxone, facilitating greater access to lifesaving medicine for people experiencing opioid overdoses. The bill will be heard later this month by the Senate Appropriations Committee and, if passed, will move on for a vote by the entire Senate later this year. # # # # For more information about the Harm Reduction Coalition, visit http://www.harmreduction.org.