Michigan Court of Appeals says no crime in sharing medical marijuana
Category: Medical Marijuana | Posted on Wed, January, 30th 2013 by THCFinder
HASTINGS — The Michigan appeals court says there’s nothing illegal about a medical marijuana user providing a small amount of pot to another registered user at no cost.
The court agreed Wednesday with a Barry County judge who had dismissed charges against Tony Green. It’s the first decision by the appeals court in a case involving marijuana that changed hands without money.
There is no dispute that Green provided less than 2 1/2 ounces of marijuana to Al Thornton in Nashville, in September 2011. Both were qualified to use medical marijuana.
The Supreme Court heard arguments last fall in a case involving cash sales of marijuana. A decision is pending. The appeals court in 2011 said such sales are illegal.
Czech Parliament Backs Medical Marijuana, With a Catch
Category: Medical Marijuana | Posted on Wed, January, 30th 2013 by THCFinder
The Czech Senate Wednesday approved a bill allowing for the legal sale of cannabis for medical purposes, affirming a decision of the country’s lower house of parliament.
The proposal, which enjoys very strong support from all political parties in both houses of parliament, should become law later this year, pending an expected presidential signature.
But there’s a catch: the text of the bill says that only imported cannabis will be allowed for sale in the first year “to ensure standards.” After that, sales may expand to include registered, domestic production that is strictly monitored.
This is a one-two punch that advocates of medical marijuana say will simply make cannabis prohibitively expensive, putting the herb out of reach of most patients while enriching the black market and a few select firms that will be official traders in the goods.
“It’s legal, pharmaceutical and economic corruption,” said Dusan Dvorak, a medical-cannabis activist who leads the nonprofit organization Konopi je Lek, or Marijuana is Medicine.
“The result of the law should be access to cannabis for research and medical uses. But the real result is that it won’t be made available, it’ll be more expensive, it’ll bolster the black market and the mafia.”
The simplest solution, said Alena Gajduskova, the first-deputy Chairwoman of the Senate who voted in favor of the bill despite reservations, would be to allow the country’s many “grandmother growers” who already have cannabis plants in pots on their balconies and in their herb gardens to legally grow their own cannabis, or to at least remove all threats of criminal prosecution.
“These medicines are proven; they’re very efficient but shouldn’t be a luxury good. That is completely unacceptable,” Ms. Gajduskova said after the Senate approved the bill with 67 votes for and only two against.
Read more: http://blogs.wsj.com
Federal Court Denies Lawsuit Claiming Marijuanas Medical Benefits
Category: Medical Marijuana | Posted on Tue, January, 29th 2013 by THCFinder
Preserving the main legal barrier to medical marijuana, a federal appeals court on Jan. 22 rejected a lawsuit intended to force the Drug Enforcement Administration to move marijuana out of Schedule I, the federal law that classifies marijuana as a dangerous drug with no valid medical use.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the medical-marijuana advocates who filed the suit—Americans for Safe Access, a California-based patient-advocacy group; the Coalition to Reschedule Cannabis, Patients Out of Time, and four individual medical users, including Air Force veteran Michael Krawitz—had not proved that the DEA’s decision to keep marijuana in Schedule I was “arbitrary and capricious.” The court held that marijuana had failed to meet the five standards the DEA sets for drugs to qualify as having a valid medical use.
The court “seemed to defer to the DEA,” by focusing on whether adequate scientific studies had been done to show marijuana’s medical efficacy, says ASA spokesperson Kris Hermes. The plaintiffs’ lawyer, Joe Elford of San Francisco, says the court didn’t close off the possibility that future studies will show its efficacy more conclusively. They plan to appeal the decision, first to the full 13 judges of the D.C. Circuit, and then to the Supreme Court if they lose.
The dissenting judge said the court should not consider the case because none of the plaintiffs had legal standing to file a suit. The majority held that Krawitz did, because he had been forced to pay for an outside doctor after the Veterans Health Administration refused to prescribe him painkillers unless he signed a contract agreeing not to use marijuana. Krawitz, who has had surgery 13 times since he was seriously injured in a car accident in 1984, says the best relief for his chronic pain is a combination of cannabis and opioid painkillers.
“What would be ‘arbitrary and capricious,’ if this isn’t?” he asks rhetorically. “You talk to the DEA about medical marijuana, and they go ‘la-la-la’ with their fingers in their ears.”
The DEA referred discussion of the ruling to the Department of Justice, which did not respond to an e-mailed list of questions by press time.
Read more: http://obrag.org
Kansas state senator introduces medical marijuana bill
Category: Medical Marijuana | Posted on Mon, January, 28th 2013 by THCFinder
A Kansas state senator has proposed a medical marijuana bill.
Sen. David Haley, a Democrat from Kansas City, Kan., has introduced the bill, which would allow Kansas to join 18 states and the District of Columbia in allowing people to use marijuana with a doctor's order.
The Topeka Capital-Journal reports the measure would allow patients to have up to six ounces of marijuana and grow up to a dozen plants at home.
Sen. Mary Pilcher-Cook, chairwoman of the Senate Health and Welfare Committee, says the measure won't get a hearing during the current legislative session.
Currently in Kansas, illegally obtaining marijuana for a health condition can mean a year in jail, and growing your own pot can mean up to 17 years in prison
A plea for medical marijuana
Category: Medical Marijuana | Posted on Fri, January, 25th 2013 by THCFinder
Advocates have pushed for legalizing medical marijuana in New York state for more than a decade and lawmakers at one point agreed.
They are back once again, hoping that the new Senate leadership coalition may overcome what has traditionally been opposition by Republicans to such a move. Diane Savino, they note, is a member of the Independent Democratic Conference, which has joined forces with Republicans to control the state Senate. Savino in past years has carried a bill to legalize medical marijuana. The Assembly has passed such a measure but it hasn’t gotten through the Senate, at least in recent years.
Additionally, members of the state Alliance for Medical Marijuana say they have heard from senate Republicans who sound more amenable to adding New York to the list of more than a dozen other states that allow cannabis to be used for health reasons.
“There is definitely more support in the Republican conference than there has ever been,” said Evan Nison of the Alliance.
Members brought some medical marijuana users with them to Albany to bolster their argument.
“They don’t know what to do with me,” said Burt Aldrich, of Stone Ridge, UIster County. Paralyzed when he broke his neck jumping into a pool years ago, Aldrich says marijuana is the best way he’s found to ease the pain, spasms and muscle tightness he experiences. Recently, though, police found his marijuana in his home after they showed up responding to a break-in report.
He was charged but the case still hasn’t been resolved, said Aldrich.
“I’m tired of feeling like a criminal,” agreed Richard Williams of Richmondville, Schoharie County, who uses medical marijuana to relieve symptoms caused by HIV/AIDS and the medications he takes for that.
The Alliance’s Adam Scavone added that they hope a medical marijuana bill this year includes provisions to have the substance covered under the new I-Stop law designed to cut down on prescription drug abuse.
That would help reassure critics that the substance would be used for legitimate medical reason, rather than simply to get high.
“We’re talking about medical use only, here,” said Lisa Roche-Schroeder a nurse from Little Falls who supports legalized medical marijuana.
Read more: http://blog.timesunion.com
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