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Medical Marijuana

Lawmakers mull marijuana limit for drivers

Category: Medical Marijuana | Posted on Mon, February, 4th 2013 by THCFinder
DENVER • After three consecutive attempts to get a legal limit on the books for driving stoned, House Republican Leader Mark Waller says this is the year for a small compromise and legislative success.
 
“We needed it before with the proliferation of medical marijuana,” Waller, of Colorado Springs said. “We’re seeing traffic accidents and fatalities go up as it relates to marijuana being a factor. We need this legislation with the passage of Amendment 64, and we absolutely need to protect our citizens on Colorado roads.”
 
The bill faces two important hurdles Tuesday when it is heard in the House Judiciary Committee and the governor’s Amendment 64 task force will consider endorsing the legislation. The task force is responsible for recommending regulations to lawmakers for voter approved recreational marijuana use.
 
HB114 measure would define driving under the influence of marijuana as a driver’s blood containing 5 nanograms or more of the psychoactive ingredient in marijuana, delta 9-tetrahydrocannabinol, better known as THC.
 
Blood tests given after a DUI arrest can determine the level of active THC similar to a blood tests used to determine whether a driver’s blood exceeds the .08 blood alcohol limit for drunken driving.
 
Opponents of past marijuana-driving measures have said the THC limit can be erroneous. A person could be over the threshold, but not actually be high because of varying tolerance levels and effects of the drug.
 
Waller says this year he has a compromise that could draw enough support from Democrats to pass both the House and the Senate.
 
The compromise is a variance in how the law is written.
 
Now, if a driver tests over the .08 limit for alcohol in 100 milliliters of blood, they are presumed to be under the influence of alcohol. That presumption means in the court of law, the driver can only argue the test was inaccurate as a defense. Drivers cannot say they have a high tolerance and are not drunk at that threshold. Past laws have mirrored that for the DUI pot law.
 

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Oakland tries to stay in legal fight with feds over medical marijuana

Category: Medical Marijuana | Posted on Fri, February, 1st 2013 by THCFinder
SAN FRANCISCO -- The city of Oakland's arguments for why it should be allowed to challenge a federal attempt to shut down the nation's largest medical marijuana dispensary are simply "window dressing" that ignores the law, a federal prosecutor said in court Thursday.
 
U.S. Department of Justice attorney Kathryn Wyer argued that attorneys representing the city are attempting to sidestep federal drug and forfeiture laws by suing the government over its decision to seek to confiscate a building operated by Harborside Medical Center.
 
Wyer's comments came in the courtroom of Magistrate Judge Maria-Elena James who will decide if Oakland has the right to continue its lawsuit against U.S. Attorney General Eric
 
Clone marijuana plants that are for sale are photographed at Harborside Health Center on Thursday, July 12, 2012 in Oakland, Calif. (Aric Crabb/Staff Archives)
Holder.
 
Oakland attorneys, led by Cedric Chao, an outside hired attorney, have claimed that the city has the right to argue against the federal actions because closing Harborside would cause great harm to the city residents' public safety and health.
 
In addition, the city has said the federal government's decision to close down Harborside after allowing it to operate for about six years violates federal statute of limitations.
 
Oakland sued the federal government three months after the office of U.S. Attorney Melinda Haag filed a civil forfeiture action against Harborside's landlord citing the federal Controlled Substance Act, a law that allows governments to take properties used in the sale of illegal drugs.
 
Since the federal government has refused to recognize marijuana's medical purposes, all sales of the drug, even if allowed under state law, are illegal under federal law.
 
In it's lawsuit against the federal government, Oakland argued that it had no other legal recourse but to file a suit in an attempt to stop the forfeiture. The city also said it had a right to sue because the federal government's action would severely harm the city socially, criminally and financially.
 

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Alabama is considering a bill to legalize medical marijuana

Category: Medical Marijuana | Posted on Thu, January, 31st 2013 by THCFinder

A bill has been filed with the Alabama House that would legalize marijuana for medical purposes for patients who have serious ailments. Altho many attempts have been made in the past to approve medical marijuana it has yet to be approved and with 18 other states who have already approved medical marijuana there is hope that this could go through.

 

Approving Medical Marijuana would help patients with Cancer, MS, and many others who are suffering from severe pain. It's only a matter of time before other states follow through like the 18 others so here is hoping that Alabama gets added to that list.

Source: http://www.wsfa.com


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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.
 

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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.
 

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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

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