Medical Marijuana

News Montana Judge Blocks Medical Marijuana Restrictions

Category: Medical Marijuana | Posted on Fri, July, 1st 2011 by THCFinder
In a preliminary injunction issued on Thursday, state District Judge James Reynolds in Helena ruled those limits would effectively deny access to pot for many patients entitled to use it under the state's 7-year-old medical marijuana statute.
Reynolds said in his 15-page ruling that he was refraining from making a judgment about whether marijuana has medical benefits, noting that issue already had been decided by Montana voters and the state Legislature.
Instead, he said provisions of the law passed earlier this year to overhaul the original voter-approved 2004 ballot measure legalizing pot for medicinal purposes went too far.
Reynolds specifically blocked provisions outlawing any profits in the supply of medical marijuana, including a ban on growers charging customers to recoup the cost of cultivation and a ban on advertising and promotion of medicinal pot.
He also barred enforcement of sections of the new law limiting cultivation to no more than three patients per supplier.
"The court is unaware of and has not been shown where any person in any other licensed and lawful industry in Montana -- be he a barber, an accountant, a lawyer or a doctor -- who, providing a legal product or service, is denied the right to charge for that service or is limited in the number of people he or she can serve," Reynolds wrote.
He added that such restrictions "will certainly limit the number of willing providers and will thereby deny the access of Montanans otherwise eligible for medical marijuana to this legal product and thereby deny these persons this fundamental right of seeking their health in a lawful manner."


Ariz. officials reviewing medical marijuana memo

Category: Medical Marijuana | Posted on Fri, July, 1st 2011 by THCFinder

Potential delays for medical marijuana in AZ continues as Arizona reviews the recently released federal memo concenrning medical marijuana dispensaries and growers.

PHOENIX (AP) — As Arizona officials review a new federal memo on medical marijuana, a lawyer for would-be dispensary operators say the memo doesn't really change anything.

The Department of Justice memo warns that commercial dispensaries and growers would still be violating federal drug laws regardless of state law.

Attorney Ryan Hurley says that stance is consistent both with a 2009 department memo and recent letters from U.S. attorneys.
Hurley says it means his clients — prospective dispensary operators — remain at risk of federal prosecution. But he says patients and individual caregivers apparently still won't be prosecution targets.
Arizona has filed a federal lawsuit asking a judge to rule on whether Arizona can implement its medical marijuana law despite the apparent conflict with federal law.


Medical marijuana could cost epileptic man custody of daughter

Category: Medical Marijuana | Posted on Tue, June, 28th 2011 by THCFinder
A  Michigan father is in jeopardy of losing custody of his 10-year-old daughter, all because he can legally smoke marijuana.
Livingston Thompson Jr. has epilepsy.
He's been dealing with it for 20 years, and according to him, nothing has really helped except for the marijuana.
"It relaxes me. I'm not as stressed. I discovered that my epileptic seizures -- some of them are stress activated," says Thompson.
Still, his medication of choice could cost him his daughter, Shylynn.
"If I lost custody of my daughter it would crush me. They'd probably see a lot more episodes," he says.
That's something Shylynn can't handle.
"If my daddy lost custody of me I'd be sad, just as sad as he would be if he lost custody of me. Because my dad has had me for ten years. And I don't want to lose my dad," says Shylynn.
Last year, Thompson spanked his daughter and Child Protective Services was called.
It was decided that Shylynn wasn't in any danger and could return home, but Thompson now has to get periodic drug testing.
"I explained to the judge that should be modified because my client has a medical marijuana card," says attorney Charles Ford.
The judge has decided that marijuana is not the best treatment for his epilepsy and that it's in the best interest of the child that the parents are drug free.
The bigger question here is, with a state law that's so unclear, could other parents fall into the same situation?
"If he tested positive there's a strong possibility that he could lose his child," says Ford.
Thompson says this is a fight he can't afford to lose.
"I don't want to lose my family," adds Shylynn.
Thompson can choose to appeal the judge's decision.
He can make the case that his medical marijuana does not impair his judgment as a father and that he needs it for his medical condition.
If he doesn't appeal, then he has to stop using, otherwise she could be taken from the household.
An appeal would be precedent-setting because this is really the first time a judge has interpreted the law like this.
If the decision stands, then similar cases could have the same outcome.


Nebraska attorney submits paperwork for state ballot initiative to legalize marijuana

Category: Medical Marijuana | Posted on Mon, June, 27th 2011 by THCFinder
MCCOOK, Neb. — A Holbrook attorney is trying to launch a ballot initiative to legalize marijuana in Nebraska.
The McCook Daily Gazette reports that Frank Shoemaker submitted petition language to the Nebraska Secretary of State earlier this month.
The newspaper says Shoemaker is listed as the sole sponsor of the Nebraska Marijuana Legalization Initiative. The petition seeks to amend the state constitution to remove all laws that regulate the private, non-commercial use of cannabis, and to regulate all commercial uses. It seeks to place the place the question on the November 2012 ballot.
Shoemaker would need to collect valid signatures from 10 percent of the state's registered voters. In 2008, that number was more than 112,000 signatures.


Man Wants To Use Medical Marijuana In Jail

Category: Medical Marijuana | Posted on Fri, June, 24th 2011 by THCFinder
LAS CRUCES, New Mexico -- Thousands of New Mexicans smoke marijuana, legally, for medical purposes.
But are these same rights still upheld in jail?
A Las Cruces man said certified medical marijuana patients, like himself, should be allowed to smoke in jail, and without weed, he said, he is not going. He must report to jail to serve a four-day sentence for driving without a license.
"I'm not gonna come in here without this medication," Greg Fernandez said. "I need my medication."
He said he smokes one or two blunts a day, and never leaves home without a bag of weed.
"A lot of people judge me because of it, they think of me like a drug addict when all I'm trying to do is stop my seizures from happening," Fernandez said.
A scar along the inside of his left arm is a painful reminder of why he said he needs pot.
Fernandez said he has suffered from severe seizures since a rattlesnake bit him 15 years ago.
"I sometimes stop breathing; I turn blue and I fall on the floor," he said.
Fernandez says prescription medication has not suppressed his illness.
"I've been able to only find one thing, and that's marijuana," Fernandez said. "It has helped me out a lot and that's why I need the jail to allow me to bring it in here also."
Fernandez says the court is leaving the final decision up to the Dona Ana County Detention Center.
"My understanding is marijuana is not permitted within the facility; it's considered contraband," Jess Williams, spokesman for Dona Ana county, told ABC-7.
"The facility has a complete medical unit and we'll make sure anybody who is in there gets the medical care they need," said Williams.
ABC-7 even asked former prosecutor and now New Mexico Governor Susana Martinez her opinion on the issue.
"The defendant has broken the law and he has four mandatory days to be served in jail, and unless the court allows that to take place I am in complete agreement with that judge that says that marijuana is not allowed within that facility," she said.
Fernandez has a card issued by the state of New Mexico as proof that he can legally smoke the herbal supplement for medical reasons. He said he wishes he did not need to smoke weed but says it is the only thing that helps.
"My fear is having a seizure and dying," Fernandez said. "They don't consider it a medication and it angers me, it does bother me because I fought hard to try to get this."


Protestors Picket Arraignment of Medical Marijuana Dispensary Owners

Category: Medical Marijuana | Posted on Fri, June, 24th 2011 by THCFinder
Protestors congregated outside the Livingston County 53rd District Courthouse in downtown Brighton Thursday morning to protest the arraignment of Alan and Christi Marshall.
The Marshalls, who own and operate Marshall Alternatives, a medical marijuana dispensary near Fowlerville, and Stephanie Lynn Baxter, an employee, are charged with delivery of marijuana. The felony offense carries up to four years in prison.
Baxter, charged with two counts of delivery of marijuana, and Alan Marshal, charged as a habitual offender, could each see up to eight years in prison.
The charges come after the Marshalls and Baxter allegedly sold medical marijuana to an undercover agent on several occasions over the last several months.
Court documents state that the undercover officer presented an invalid medical marijuana card when purchasing products at Marshall Alternatives.
The Marshalls’ attorneys call the agent’s tactics entrapment.
Released on bond, all three defendants will return to court on July 13.
Protestors, who held signs that read “I’m a Patient” and “Patients are not criminals,” also gathered at the corner of Main and 1st streets. The demonstration elicited the response of several passersby. Motorists honked their horns and pedestrians stopped to talk with the protestors.
One middle-aged woman slowed her minivan and shouted “You’re right! They’re wrong!” as she passed.



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