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California Senate Passes Medical Marijuana Resolution
Posted by Dopey Taylor on 02 Sep 2009 - 23:21 0 comments
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California Senate Passes Medical Marijuana Resolution



Lawmakers Urge New Federal Policy on Research and Enforcement

The California Senate this month approved a resolution that calls for big changes in federal policy on medical marijuana. The resolution, which is sponsored by ASA, urges federal lawmakers to both end federal interference in state medical cannabis laws and establish a comprehensive national plan to provide safe access for all patients.

The state Senate's 23-15 vote on the non-binding resolution comes in the wake of recent federal enforcement activity in the state, including multiple raids and the arrests of five individuals. Senate Joint Resolution 14 was introduced in June by State Senator Mark Leno (D-San Francisco). If the state Assembly passes it, the resolution will be sent to the White House and Congress.

The Obama Administration has promised to end interference in state medical marijuana programs, and the President has signed a memorandum that says government policies should be based on sound science. But numerous federal raids since January have California lawmakers concerned.

"Patients and providers in California remain at risk of arrest and prosecution by federal law enforcement and legally established medical marijuana cooperatives continue to be the subjects of federal raids," said Sen. Leno in a statement on the resolution.

Federal agents were involved in at least three raids on medical marijuana dispensaries last month, including two in California and one in Colorado, as well as a raid on a rural marijuana garden in California. These follow at least a half-dozen other federal actions that have occurred since President Obama took office.

"Federal interference in state medical marijuana laws is unnecessary, unwelcome, and harmful," said Don Duncan, ASA's California Director. "Patients will benefit from a national policy that protects safe access; law enforcement will benefit from clearer federal guidelines; and taxpayers will benefit from better use of federal resources."

SJR 14 urges President Obama and Congress to "move quickly to end federal raids, intimidation, and interference with state medical marijuana law." It also asks them to establish "an affirmative defense to medical marijuana charges in federal court and establish federal legal protection for individuals authorized by state and local law."

Currently, federal medical marijuana defendants are prevented from using any defense that involves medical necessity or their compliance with state law.

"More than two dozen medical marijuana defendants are currently being prosecuted on federal charges," said Duncan. "A change in federal policy can keep these people from serving many years in prison."

The resolution also addresses the need to expand research into the medical benefits of cannabis, a primary recommendation of the 1999 Institute of Medicine report, which was commissioned by the White House.

Further information:
Senate Joint Resolution on medical marijuana
ASA fact sheet on SJR 14




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