SENATE BILL 2511
By Marrero B
AN ACT to amend Tennessee Code Annotated, Title 39;
Title 63 and Title 68, relative to enacting the “Safe
Access to Medical Cannabis Act.”
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Codes Annotated, Title 68, Chapter 1, is amended by adding
sections 2 through 11 as a new part 26.
SECTION 2. This act may be known and cited as the ”Safe Access to Medical Cannabis
Act.”
SECTION 3. As used in this part, unless the context requires otherwise:
(1) “Agriculture department” means the department of agriculture or its successor
agency;
(2) “Cannabis” means the dried flowers of the female cannabis plant and any
mixture or preparation thereof, but does not include seeds, stalks, and roots of the plant;
(3) “Cardholder” means a qualifying patient who has been diagnosed by a
practitioner with a qualifying medical condition for participation in the Safe Access
program and who possesses a valid registry identification card;
(4) “Health department” means the department of health or its successor agency;
(5) “Licensed producer” means an entity licensed and registered under Section 7
that possesses, cultivates, processes, manufactures and delivers medical cannabis, or
related supplies and educational materials to licensed distributors;
(6) ”Licensed distributor” means an entity licensed and registered under Section
7 that processes, packages and delivers medical cannabis or related supplies and
educational materials to participating pharmacies;
- 2 – 01173118
(7) “Medical use” means the acquisition, possession, use or transportation of
cannabis or paraphernalia relating to the consumption of cannabis to alleviate a
registered patient’s qualifying medical condition(s) or symptoms associated with the
medical condition(s);
(8) ”Participating pharmacy” means a licensed pharmacy in Tennessee that
applies to be the direct provider of medical cannabis to Safe Access program
cardholders;
(9) “Practitioner” means a person who is licensed with authority to prescribe
drugs pursuant to chapter 63, chapters 7 or 19 or a physician licensed with authority to
prescribe drugs in Tennessee under title 63, chapters 6 or 9;
(10) “Program identification card” means a document issued by the participating
pharmacy that identifies a person as a registered qualifying patient in the Safe Access
program;
(11) “Qualifying medical condition” means:
(A) Cancer, glaucoma, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, Hepatitis C, or the treatment of these
conditions;
(B) A chronic or debilitating disease or medical condition or its treatment
that produces one or more of the following: cachexia or wasting syndrome;
severe, debilitating, chronic pain; severe nausea; seizures, including but not
limited to those characteristic of epilepsy; or severe and persistent muscle
spasms, including but not limited to those characteristic of multiple sclerosis or
Crohn’s disease; or agitation of Alzheimer’s Disease; or to delay the progression
of Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig’s Disease.)
- 3 – 01173118
(C) Any other medical condition which results in enrollment in a hospice
program; and
(D) Any other medical condition or its treatment as prescribed by
practitioners and approved by the health department;
(12) “Qualifying patient” means a person who has been diagnosed by a
practitioner as having an eligible medical condition and is a resident of Tennessee;
(13) “Resident of Tennessee” means a person who is a resident for purposes of
eligibility for medical assistance under title 71, chapter 5, part 1; and
(14) “Safe Access Program Enrollment” means that a qualifying patient has
received a prescription for medical cannabis from a practitioner, stating that in the
practitioner’s professional opinion the potential benefits of the medical use of cannabis
would likely outweigh the health risks for the qualifying patient. A prescription for medical
cannabis and enrollment into the Safe Access program shall be made only in the course
of a bona fide practitioner-patient relationship after the practitioner has completed a full
assessment of the qualifying patient’s medical history. The prescription and Safe Access
program enrollment completed at the participating pharmacy shall specify the qualifying
patient’s debilitating medical condition or conditions.
SECTION 4.
(a) A qualifying patient who has in his or her possession a Safe Access program
identification card shall not be subject to arrest, prosecution, or penalty in any manner or
denied any right or privilege, including but not limited to civil penalty or disciplinary action
by a business or occupational or professional licensing board or commission for the
medical use of cannabis, provided that the qualifying patient is enrolled in the Safe
Access program.
- 4 – 01173118
(b) No school, employer or landlord may refuse to enroll, employ or lease to or
otherwise penalize a person solely for his or her status as a cardholder.
(c) Registered qualifying patients shall be allowed to possess a reasonable
amount of cannabis, not to exceed one month’s supply, as determined by their
practitioner.
(d) There shall exist a presumption that a qualifying patient is engaged in the
medical use of cannabis if the qualifying patient:
(1) Is in possession of a Safe Access program identification card; and
(2) Is in possession of an amount of cannabis that does not exceed the
amount permitted under this act. Such presumption may be rebutted by evidence
that conduct related to cannabis was not for the purpose of alleviating the
qualifying patient’s debilitating medical condition or symptoms associated with
the medical condition.
(e) A practitioner shall not be subject to arrest, prosecution, or penalty in any
manner or denied any right or privilege including, but not limited to civil penalty or
disciplinary action by the board of medical examiners or by any another business or
occupational or professional licensing board or commission of this state solely for
providing written certifications or for otherwise stating that, in the practitioner’s
professional opinion, the potential benefits of the medical cannabis would likely outweigh
the health risks for a qualifying patient.
(f) Any interest in or right to property that is possessed, owned, or used in
connection with the medical use of cannabis, or acts incidental to such use, shall not be
forfeited.
(g) No person shall be subject to arrest or prosecution for constructive
possession, conspiracy, aiding and abetting, being an accessory, or any other offense
- 5 – 01173118
for simply being in the presence or vicinity of the medical use of cannabis as permitted
under this act or for assisting a registered Safe Access program patient with using or
administering cannabis.
(h) A practitioner, nurse or pharmacist shall not be subject to arrest, prosecution
or penalty in any manner or denied any right or privilege including, but not limited to civil
penalty or disciplinary action by a business or occupational or professional licensing
board or commission solely for discussing the benefits or health risks of medical
cannabis or its interaction with other substances with a patient.
(i) A Safe Access program identification card or its equivalent issued under the
laws of another state, U.S. territory, or the District of Columbia to permit the medical use
of cannabis by a patient with a debilitating medical condition, or to permit a person to
assist with the medical use of cannabis by a patient with a debilitating medical condition,
shall not have the same force and effect as a Safe Access identification card issued by
the program. These out-of-state patients will be required to be evaluated and
recommended for Safe Access program participation by a practitioner licensed and
qualified to do so in Tennessee in order to obtain medical cannabis from the Safe
Access program.
(j) For the purposes of medical care including organ transplants, a registered
qualifying patient’s authorized use of cannabis shall be considered the equivalent of the
authorized use of any other medication used at the direction of a physician and shall not
constitute the use of an illicit substance.
SECTION 5.
(a) The program shall issue Safe Access program identification cards to
qualifying patients who receive a prescription for medical cannabis and complete the
- 6 – 01173118
Safe Access program enrollment process. Information that patients will provide the Safe
Access program will include the following:
(1) Name, address, and date of birth of the qualifying patient; provided,
however, that if the patient is homeless, no address is required; and
(2) Name, address, and telephone number of the qualifying patient’s
practitioner.
(b) The program shall not issue a registry identification card to a qualifying
patient under eighteen (18) years of age unless:
(1) The qualifying patient’s practitioner has explained the potential risks
and benefits of the medical use of cannabis to the qualifying patient and to a
parent, guardian or person having legal custody of the qualifying patient; and
(2) A parent or guardian having legal custody consents in writing to:
(A) Allow the qualifying patient’s medical use of cannabis; and
(B) Control the acquisition of the cannabis, the dosage, and the
frequency of the medical use of cannabis by the qualifying patient.
(c) The program shall have the right to verify the information contained in a Safe
Access program application or renewal submitted pursuant to this section and
shall approve or deny an application or renewal within thirty (30) days of
receiving it. The program may deny a Safe Access program application or
renewal only if the applicant did not provide the information required pursuant to
this section or if the program determines that the information provided was
falsified. Rejection of a Safe Access program application or renewal is
considered a final program action, subject to judicial review. Jurisdiction and
venue for judicial review are vested in the chancery court.
- 7 – 01173118
(d) The program shall issue Safe Access program identification cards at
the time of the receipt of the first prescription, which shall expire one (1) year
after the date of issuance.
(e) Safe Access program identification cards shall contain:
(1) The date of issuance and expiration date of the identification
card;
(2) A random program identification number; and
(3) Any additional information as required by regulation or the
program.
(f) Persons issued program identification cards shall be subject to the
following:
(1) A qualifying patient who has been issued a program
identification card shall notify their practitioner of any change in the
qualifying patient’s name or address or if the qualifying patient ceases to
have his or her qualifying medical condition within thirty (30) days of such
change.
(2) A registered qualifying patient who fails to notify their
practitioner of any of these changes is to be imposed by the department
of health and subject to a civil penalty of no more than twenty five dollars
($25.00). If the person ceases to suffer from a qualifying medical
condition, the card shall be deemed void and the person shall be liable for
any other penalties that may apply to such person’s non-medical use of
cannabis.
(3) When a qualifying patient notifies their practitioner of any
changes listed in this subsection, the practitioner shall issue the patient a
- 8 – 01173118
new prescription that will be used to update Safe Access program
information at the time it is filled.
(4) When a qualifying patient who possesses a registry
identification card changes his or her practitioner, the new practitioner
shall assume responsibility for the patient’s Safe Access program
participation and shall issue a new prescription to update the patient’s
Safe Access program information to reflect that change. No more than
one (1) prescription from one (1) practitioner will be allowed for Safe
Access participants.
(5) If a cardholder loses his or her registry identification card, he or
she shall notify their practitioner or participating pharmacy and submit a
ten dollar ($10.00) fee to receive a replacement card.
(6) If a cardholder willfully violates any provision of this act as
determined by the program, his or her program identification card may be
revoked.
(g) Possession of or application for a program identification card shall not
constitute probable cause or reasonable suspicion, nor shall it be used to support
the search of the person or property of the person possessing or applying for the
program identification card, or otherwise subject the person or property of the
person to inspection by any governmental agency.
(h)
(1) Safe Access program identification cards and supporting
information submitted by qualifying patients, including information
regarding their practitioners, are confidential and protected under the
federal Health Insurance Portability and Accountability Act of 1996.
- 9 – 01173118
(2) The program shall maintain a confidential list of the Safe
Access program participants whose practitioners have enrolled them in
the program and to whom the program has issued program identification
cards. Individual names and other identifying information on the list shall
be confidential, shall be exempt from the public record provisions of title
10, chapter 7, part 5, and shall not be subject to disclosure, except to
authorized employees of the program as necessary to perform official
duties of the program.
(i) The program shall verify to law enforcement personnel whether a Safe
Access identification card is valid solely by confirming the program identification
number.
(j) It shall be an offense, punishable as a class B misdemeanor
punishable solely by a one thousand dollar ($1,000) fine, for any person,
including an employee or official of the program or its licensees or another state
agency or local government, to breach the confidentiality of information obtained
pursuant to this part. Notwithstanding this provision, the Safe Access program
employees may notify law enforcement about falsified or fraudulent information
submitted to the program.
(k) On or before January 1 of each odd numbered year, the program shall
report to the member of the general assembly on the performance of the Safe
Access program. The report shall provide:
(1) The number of patients enrolled in the Safe Access program,
the nature of the debilitating medical conditions of these patients and the
number of practitioners providing Safe Access program enrollment for
qualifying patients;
- 10 – 01173118
(2) An evaluation of the costs and benefits of the Safe Access
program for patients, practitioners and the general public; including any
costs and benefits to law enforcement agencies, the courts and hospitals;
(3) Statistics regarding the number of cannabis-related
prosecutions against registered patients and caregivers and an analysis
of the facts underlying those prosecutions;
(4) Statistics regarding the number of prosecutions against
practitioners for violations of this part; and
(5) Changes in national policy and practice associated with
influencing the access of qualified patients to medical cannabis.
(l) The application for qualifying patients’ program identification card shall
include a statement indicating that the program may contact them to obtain
information about Safe Access program participation, including their experiences
with using medical cannabis, in a systematic effort to inform future Safe Access
program policies and practices.
SECTION 6.
(a) This part shall not permit:
(1) Any person to undertake any task under the influence of cannabis
when doing so would constitute negligence or professional malpractice;
(2) The ingestion of cannabis:
(A) In a school bus or other form of public transportation;
(B) On any school grounds;
(C) In any correctional facility;
(D) In any public place;
- 11 – 01173118
(E) In any licensed substance abuse treatment facility in this state;
or
(F) Where exposure to the cannabis smoke significantly adversely
affects the health, safety, or welfare of children.
(3) Any person to operate, navigate, or be in actual physical control of any
motor vehicle, aircraft, or motorboat while under the influence of cannabis.
However, a registered qualifying patient shall not be considered to be under the
influence solely for having cannabis metabolites in his or her system.
(b) Nothing in this part shall be construed to require:
(1) A government medical assistance program or private health insurer to
reimburse a person for costs associated with the medical use of cannabis; or
(2) An employer to accommodate medical cannabis in any workplace.
(c) Fraudulent representation to a law enforcement official of any fact or
circumstance relating to the medical use of cannabis to avoid arrest or prosecution shall
be a Class C misdemeanor punishable by a fine only of five hundred dollars ($500)
which shall be in addition to any other penalties that may apply for making a false
statement for the non-medical use of cannabis.
SECTION 7.
(a) A ”licensed producer” registered under this section may possess, cultivate,
harvest and deliver cannabis or related products to a licensed distributor. Licensed
producers shall be under the direct supervision of the department of agriculture.
(b) A ”licensed distributor” registered under this section may possess, process,
package and deliver cannabis or related products to participating pharmacies. Licensed
distributors shall be under the direct supervision of the department of agriculture.
- 12 – 01173118
(c) A “participating pharmacy” is the point of distribution of medical cannabis to
Safe Access program participants and is a pharmacy licensed and registered in
Tennessee that has been enrolled into the Safe Access program. Participating
pharmacies shall be under the direct supervision of the board of pharmacy.
Except as specifically provided to the contrary, all provisions of this part apply to
a licensed producer, licensed distributor or participating pharmacy.
(d)(1) Not later than one hundred twenty (120) days after the effective date of this
act, the commissioner of health shall promulgate rules and regulations governing how it
shall consider applications for registration certificates for licensed producers, licensed
distributors and participating pharmacies, including:
(A) The form and content of registration and renewal applications;
(B) Minimum oversight requirements for these entities;
(C) Minimum record-keeping requirements for these entities;
(D) Minimum security requirements for these entities; and
(E) Procedures for suspending or terminating the registration of
these entities that violate the provisions of this section or the regulations
promulgated pursuant to this subsection(d).
(2) Within one hundred twenty (120) days of the effective date of this act,
the program shall begin accepting applications for the operation of licensed
producers, licensed distributors and participating pharmacies.
(3) Within one hundred eighty (180) days of the effective date of this act,
the program shall provide for at least one (1) public hearing on the granting of an
application to at least one (1) licensed producer, one (1) licensed distributor and
one (1) participating pharmacy.
- 13 – 01173118
(4) Within two hundred ten (210) days of the effective date of this act, the
program shall grant at least one (1) certificate to a licensed producer, licensed
distributor and participating pharmacy, providing at least one (1) applicant in
each category has applied who meets the requirements of this act.
(5) Within two hundred seventy (270) days of the effective date of this act,
the program shall begin accepting applications to provide registration certificates
for additional licensed producers, licensed distributors and participating
pharmacies. The program shall solicit input from the public, and issue registration
certificates if qualified applicants who are needed to serve the needs of Safe
Access program patients exist.
(6) If the need warrants at any time within five hundred forty (540) days
after the effective date of this act, the program shall accept applications for new
licensed producers, licensed distributors and participating pharmacies to meet
the identified and anticipated needs of Safe Access program participants.
(e) Licensed producer or distributor applications and registration:
(1) Each application for a licensed producer or distributor shall include:
(A) A non-refundable application fee paid to the program in the
amount of two hundred fifty dollars ($250);
(B) The proposed legal name and proposed articles of
incorporation of the licensed producer or distributor;
(C) The proposed physical address of the licensed producer or
distributor, if a precise address has been determined, or, if not, the
general location where it would be located. This may include a second
location for the cultivation of medical cannabis;
- 14 – 01173118
(D) A description of the enclosed, locked facility that would be
used in the cultivation of cannabis;
(E) The name, address, and date of birth of each principal officer
and board member of the licensed producer or distributor;
(F) Proposed security and safety measures which shall include at
least one (1) security alarm system for each location, planned measures
to deter and prevent the unauthorized entrance into areas containing
cannabis and the theft of cannabis, as well as a draft employee
instruction manual including security policies, safety and security
procedures, personal safety and crime prevention techniques; and
(G) Proposed procedures to ensure accurate record keeping;
(2) Any time one (1) or more licensed producer or distributor registration
applications are being considered, the program shall also allow for comment by
the public and shall solicit input from registered qualifying patients, potential
patients, practitioners and the towns or cities where the applicants would be
located;
(3) Each time a licensed producer or distributor certificate is granted, the
decision shall be based upon an assessment of the licensed producer’s or
licensed distributor’s ability to serve the overall health needs of Safe Access
program patients and the safety of the public, including, but not limited to, the
following factors:
(A) Convenience to patients from throughout the state of
Tennessee if the applicant were approved;
(B) The applicants’ ability to provide a steady supply to the
registered qualifying patients in the state;
- 15 – 01173118
(C) The applicants’ experience running a non-profit or business;
(D) The wishes of the city or town where the dispensary is located;
(E) The sufficiency of the applicant’s plans for record keeping and
security, which records shall be considered confidential information under
Tennessee law and are intended to be deemed protected health care
information for purposes of the Federal Health Insurance Portability and
Accountability Act of 1996, as amended; and
(F) The sufficiency of the applicant’s plans for safety and security,
including proposed location, security devices employed, and staffing;
(4) After a licensed producer or distributor is approved, but before it
begins operations, it shall submit the following to the program:
(A) A fee paid to the program in the amount of one thousand
dollars ($1,000);
(B) The legal name and articles of incorporation of the licensed
producer or distributor;
(C) The physical address of the licensed producer or distributor;
this may include a second address for the secure cultivation of cannabis;
(D) The name, address, and date of birth of each principal officer
and board member of the licensed producer or distributor;
(E) The name, address, and date of birth of any person who will
be an agent of or employed by the licensed producer or distributor at its
inception;
(F) A signed and notarized agreement to be trained, supervised
and monitored by Safe Access program staff and/or their contractors.
- 16 – 01173118
(5) The program shall track the performance of each licensed producer or
distributor and issue a written statement of performance to them on a regular
basis. Licensed producers and distributors will be expected to maintain
compliance with all Safe Access program regulations and requirements at all
times.
(6) Except as provided in subdivision (7), the program shall issue each
principal officer, board member, agent, volunteer and employee of a licensed
producer or distributor a registry identification card or renewal card within thirty
(30) days of receipt of the person’s name, address, date of birth, and a fee in an
amount established by the program. Each card shall specify that the cardholder
is a principal officer, board member, agent, volunteer, or employee of these
entities and shall contain the following:
(A) The name, address, and date of birth of the principal officer,
board member, agent, volunteer or employee;
(B) The legal name of the licensed producer or distributor with
which the principal officer, board member, agent, volunteer or employee
is affiliated;
(C) A random identification number unique to the cardholder;
(D) The date of issuance and expiration date of the registry
identification card; and
(E) A photograph, if the program decides to require one;
(F) Verification that the principal officer, board member, agent,
volunteer or employee has completed a background check by the
Tennessee bureau of investigation.
- 17 – 01173118
(7) Except as provided in this subsection, the program shall not issue a
registry identification card to any principal officer, board member, agent,
volunteer, or employee of a licensed producer or distributor who has been
convicted of a felony drug offense. The program may conduct a background
check of each principal officer, board member, agent, volunteer, or employee in
order to carry out this provision. The program shall notify the licensed producer
or distributor in writing of the purpose for denying the registry identification card.
The program may grant such person a registry identification card if the program
determines that the offense was for conduct that occurred prior to the enactment
of the Safe Access to Medical Cannabis Act or that was prosecuted by an
authority other than the state of Tennessee and for which the Safe Access to
Medical Cannabis Act would otherwise have prevented a conviction;
(8) A registry identification card of a principal officer, board member,
agent, volunteer, or employee shall expire one (1) year after its issuance, or upon
the expiration of the registered organization’s registration certificate, whichever
occurs first.
(f)
(1) A licensed producer or distributor’s registration shall expire two (2)
years after its registration certificate is issued. The licensed producer or
distributor may submit a renewal application beginning sixty (60) days prior to the
expiration of its registration certificate;
(2) The program shall grant a licensed producer or distributor’s renewal
application within thirty (30) days of its submission if these conditions are
satisfied:
- 18 – 01173118
(A) The licensed producer or distributor submits the materials
required under subdivision (e)(4), including a one thousand dollar
($1,000) fee;
(B) The program has not ever suspended the licensed producer or
distributor’s registration for violations of this act or rules and regulations
issued pursuant to this act;
(C) The select oversight committee’s report, issued pursuant to
Section 8 indicates that the licensed producer or distributor is adequately
providing Tennessee patients with access to medical cannabis; and
(D) The select oversight committee’s report, issued pursuant to
section 8, does not raise serious concerns about the continued operation
of the licensed producer or distributor applying for renewal.
(3) If the program determines that any of the conditions listed in
subdivision (f)(2) exist to merit review or suspend a license, the program shall
begin an open application process for the operation of a licensed producer or
distributor. In granting a new registration certificate, the program shall consider
factors listed in subdivision (e)(3);
(4) The program shall issue a licensed producer or distributor one (1) or
more thirty (30) day temporary registration certificates after that licensed
producer or distributor’s registration would otherwise expire if these conditions
are satisfied:
(A) The licensed producer or distributor previously applied for a
renewal, but the program had not yet come to a decision;
(B) The licensed producer or distributor requested a temporary
registration certificate; and
- 19 – 01173118
(C) The licensed producer or distributor has not had its registration
certificate revoked due to violations of this act or rules and regulations
issued pursuant to this part.
(g) Licensed producers and distributors are subject to reasonable inspection by
the department of health and the department of agriculture at any time. A department
shall give reasonable notice of an inspection under this subsection. During an
inspection, the department may review the licensed producer or distributor’s confidential
records, including its dispensing records, which may track transactions according to
qualifying patients’ registry identification numbers to protect their confidentiality.
(h)
(1) A licensed producer or distributor shall be operated for the mutual
benefit of Tennessee patients. A licensed producer or distributor need not be
recognized as a tax-exempt organization by the Internal Revenue Service.
(2) A licensed producer or distributor may not be located within five
hundred (500) feet of the property line of a preexisting public or private school.
(3) A licensed producer or distributor shall notify the program within thirty
(30) days of when a principal officer, board member, agent, volunteer or
employee ceases to work at the licensed producer or distributor. His or her card
shall be deemed void and the person shall be liable for any other penalties that
may apply to the person’s non-medical use of cannabis.
(4) A licensed producer or distributor shall notify the program in writing of
the name, address, and date of birth of any new principal officer, board member,
agent, volunteer or employee and shall submit a fee in an amount established by
the program for a new registry identification card before a new agent or
employee begins working at the licensed producer or distributor.
- 20 – 01173118
(5) A licensed producer or distributor shall implement appropriate security
measures to deter and prevent the unauthorized entrance into areas containing
cannabis and the theft of cannabis and shall insure that each location has an
operational security alarm system.
(6) The operating documents of a licensed producer or distributor shall
include procedures for the oversight of the licensed producer or distributor and
procedures to ensure accurate record keeping.
(7) A licensed producer or distributor is prohibited from acquiring,
possessing, cultivating, manufacturing, delivering, transferring, transporting,
supplying, or dispensing cannabis for any purpose except to assist registered
Safe Access program patients.
(8) All principal officers and board members of a licensed producer or
distributor must be residents of the state of Tennessee;
(9) Each time a new registered qualifying patient visits a participating
pharmacy, the participating pharmacy shall provide the patient with materials
designed by the program to answer frequently asked questions and which
explain the limitations on the right to use medical cannabis under the Safe
Access program act.
(10) Each licensed producer or distributor shall develop, implement, and
maintain on the premises employee and agent policies and procedures to
address the following requirements:
(A) A job description or employment contract developed for all
employees and a volunteer agreement for all volunteers, which includes
duties, authority, responsibilities, qualification, and supervision; and
(B) Training in and adherence to state confidentiality laws.
- 21 – 01173118
(11) Each licensed producer or distributor shall maintain a personnel
record for each employee and each volunteer that includes an application for
employment or to volunteer and a record of any disciplinary action taken;
(12) Each licensed producer or distributor shall develop, implement, and
maintain on the premises an on-site training curriculum or enter into contractual
relationships with outside resources capable of meeting employee training
needs, which includes, but is not limited to, the following topics:
(A) Professional conduct, ethics and patient confidentiality; and
(B) Informational developments in the field of medical cannabis;
(13) Each licensed producer or distributor entity shall provide each
employee and each volunteer, at the time of his or her initial appointment,
training in the following:
(A) The proper use of security measures and related procedures;
and
(B) Specific instructions on how to respond to all emergencies;
(14) All licensed producers or distributors shall prepare training
documentation on the Safe Access program for each employee and have
employees sign a statement indicating the date, time, and place the employee
received such training and topics discussed, including the name and title of
presenters. The licensed producer or distributor shall maintain documentation of
an employee’s and a volunteer’s training for a period of at least six (6) months
after termination of an employee’s employment or the volunteer’s volunteering.
(i) Immunity.
(1) No registered licensed producer or distributor shall be subject to
prosecution; search, except by the program pursuant to subsection (g); seizure;
- 22 – 01173118
or penalty in any manner or denied any right or privilege, including, but not
limited to, civil penalty or disciplinary action by a business, occupational, or
professional licensing board or entity, solely for acting in accordance with this
section to produce or distribute medical cannabis through the Safe Access
program;
(2) No principal officers, board members, agents, volunteers, or
employees of a registered licensed producer or distributor shall be subject to
arrest, prosecution, search, seizure, or penalty in any manner or denied any right
or privilege, including, but not limited to, civil penalty or disciplinary action by a
business, occupational, or professional licensing board or entity, solely for
working for or with a licensed producer or distributor to engage in acts permitted
by this section.
(j).
(1) A licensed producer may not dispense, deliver, or otherwise transfer
cannabis to any person or entity other than a licensed distributor.
(2) A licensed distributor may not dispense, deliver or otherwise transfer
medical cannabis to any person or entity other than a participating pharmacy.
(3) A participating pharmacy may not disperse, deliver or otherwise
transfer medical cannabis other than to a Safe Access program participant or
their designee.
(4) A person found to have violated subdivisions(1) or (2) or (3) of this
subsection may not be an employee, agent, principal officer, or board member of
any licensed producer or distributor, and such person’s registry identification card
shall be revoked.
- 23 – 01173118
(5) No person who has been convicted of a felony offense under title 39,
chapter 17, part 4, may be the principal officer, board member, agent, volunteer,
or employee of a licensed producer or distributor unless the program has
determined that the person’s conviction was for the medical use of cannabis or
assisting with the medical use of cannabis and issues the person a registry
identification card as provided under subdivision (e)(7). A person who is
employed by or is an agent, principal officer, or board member of a licensed
producer or distributor in violation of this section is guilty of a class C
misdemeanor punishable by a fine only of up to one thousand dollars ($1,000). A
subsequent violation of this section is a class B misdemeanor:
SECTION 8.
(a) The general assembly shall appoint a thirteen (13)
member select oversight committee on medical marijuana
comprised of: two (2) members of the house of representatives;
two (2) members of the senate; two (2) physicians to be selected
from a list provided by the Tennessee Medical Association; two (2)
nurses to be selected from a list provided by the Tennessee
Nurses Association; one (1) pharmacist to be selected from a list
provided by the Tennessee board of pharmacy, two (2) registered
qualifying patients; one (1) patient advocate to be selected from a
list provided by a Tennessee patient advocacy coalition; and one
(1) representative of the law enforcement community.
(b) The oversight committee shall meet at least three (3)
times per year for the purpose of evaluating and making
recommendations to the general assembly regarding:
- 24 – 01173118
(1) Tennessee patients’ access to medical
cannabis;
(2) Performance of licensed producers, licensed
distributors and participating pharmacies;
(3) Physician participation in the Safe Access
program;
(4) Additions to the list of qualifying medical
conditions;
HB 1653-FN – AS INTRODUCED
2010 SESSION
10-2639
04/09
HOUSE BILL 1653-FN
AN ACT decriminalizing possession of one quarter of an ounce or less of marijuana.
SPONSORS: Rep. Lindsey, Ches 3
COMMITTEE: Criminal Justice and Public Safety
ANALYSIS
This bill provides that a person who is in possession of more than 1/4 ounce but less than one ounce of marijuana shall be subject to a $400 fine and forfeiture of the marijuana.
- – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2639
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT decriminalizing possession of one quarter of an ounce or less of marijuana.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Controlled Drug Act; Personal or Medicinal Use of Marijuana Permitted. Amend RSA 318-B by inserting after section 2-b the following new section:
318-B:2-c Personal or Medical Use of Marijuana Permitted.
I. No person possessing up to 1/4 ounce of marijuana, including any adulterants or dilutants, for personal use, shall be prosecuted under this chapter.
II.(a) Any person 18 years of age or older who is in possession of up to 1/4 ounce of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be subject to a fine not to exceed $400 and forfeiture of the marijuana.
(b) Any person under 18 years of age who is in possession of up to 1/4 ounce of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be subject to a fine not to exceed $400 and forfeiture of the marijuana. The offender’s parents or legal guardians shall be notified of the offense. The court shall order the offender to complete an approved drug awareness program, at the offenders expense, within one year of the date of the offense. Further, the court shall order the offender to participate in community service which shall be completed within one year of the date of the offense. The offender shall furnish the court with evidence of completion of both an approved drug awareness program and community service. An offender who fails to complete either a drug awareness program or community service, or both, shall be subject to a fine of $1,000.
2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(d)(1) to read as follows:
(1) Marijuana in a quantity of greater than 1/4 ounce but less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than 5 grams including any adulterants or dilutants;
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2639
12/16/09
HB 1653-FN – FISCAL NOTE
AN ACT decriminalizing possession of one quarter of an ounce or less of marijuana.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections and New Hampshire Association of Counties state this bill may decrease state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. The Judicial Branch states this bill may decrease state general fund revenue by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on local expenditures or county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill adds RSA 318-B:2-c to provide that no one will be prosecuted for possessing up to one-quarter ounce of marijuana for personal use. The bill also decreases the penalty for possessing up to one-quarter ounce of marijuana from a class A misdemeanor to a violation offense with fines up to $400 and forfeiture of the marijuana. The Branch states this will result in a cost savings per case of $15.06 in FY 2011 and each year thereafter. The Branch also states state general fund revenue may decrease as fines related to drug offenses go to the general fund. The fines associated with a class A misdemeanor may be assessed up to $2,000, this bill will limit the fines to $400.
The Judicial Council states this bill may decrease expenditure of indigent defense funds by an indeterminable amount. The Council indicates many police departments do not criminally charge individuals for the possession of small amounts of marijuana and suggests the cost savings for the possession of .25 ounces or less of marijuana may be limited.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation and thus avoid incarceration in the State’s prisons. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2009 was $744.
LBAO
10-2639
12/16/09
The New Hampshire Association of Counties states to the extent fewer individuals are incarcerated in county facilities; county expenditures may decrease by an indeterminable amount. The average annual cost to incarcerate an individual in a county correctional facility is $35,342.
Decriminalization of possession of marijuana. Decriminalizes simple marijuana possession. The bill does not make marijuana possession legal but creates a civil penalty of $500 for simple possession of marijuana, a penalty equal to the current criminal fine for simple marijuana possession. The bill also raises the quantities necessary for punishment of possession with intent to distribute so as not to punish amounts that may be possessed for personal use. The bill creates a rebuttable presumption that a person who grows no more than five marijuana plants grows marijuana for personal use and not for distribution, an offense punishable by the $500 civil penalty. The civil penalties collected are payable to the Literary Fund. The bill removes the two-year mandatory sentence for distribution of less than one ounce of marijuana and the five-year mandatory minimum sentence for distribution of more than one ounce of marijuana. The bill requires forfeiture of the driver’s license of any minor found to have committed the violation of possession of marijuana. The bill reduces the penalty for possession of marijuana by a prisoner from a Class 5 felony to a Class 6 felony, the same punishment as is currently imposed for possession of a firearm or a knife by a prisoner or for setting off an explosive device in a prison.
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 804
STATE OF NEW JERSEY
213th LEGISLATURE
ADOPTED JUNE 4, 2009
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Mercer)
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris)
Assemblywoman JOAN M. VOSS
District 38 (Bergen)
Co-Sponsored by:
Assemblywoman Vainieri Huttle, Assemblyman Giblin, Assemblywomen
Wagner, Oliver, Assemblyman Prieto, Assemblywoman Tucker,
Assemblyman Johnson and Assemblywoman Jasey
SYNOPSIS
“New Jersey Compassionate Use Medical Marijuana Act.”
CURRENT VERSION OF TEXT
As amended by the General Assembly on January 7, 2010.
[1R] ACS for A804 GUSCIORA, CARROLL
2
EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1 Assembly floor amendments adopted January 7, 2010.
AN ACT concerning the medical 1 use of marijuana, and revising
2 parts of statutory law.
3
4 BE IT ENACTED by the Senate and General Assembly of the State
5 of New Jersey:
6
7 1. (New section) This act shall be known and may be cited as
8 the “New Jersey Compassionate Use Medical Marijuana Act.”
9
10 2. (New section) The Legislature finds and declares that:
11 a. Modern medical research has discovered a beneficial use for
12 marijuana in treating or alleviating the pain or other symptoms
13 associated with certain debilitating medical conditions, as found by
14 the National Academy of Sciences’ Institute of Medicine in March
15 1999;
16 b. According to the U.S. Sentencing Commission and the
17 Federal Bureau of Investigation, 99 out of every 100 marijuana
18 arrests in the country are made under state law, rather than under
19 federal law. Consequently, changing state law will have the
20 practical effect of protecting from arrest the vast majority of
21 seriously ill people who have a medical need to use marijuana;
22 c. Although federal law currently prohibits the use of
23 marijuana, the laws of Alaska, California, Colorado, Hawaii, Maine,
24 Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island,
25 Vermont, and Washington permit the use of marijuana for medical
26 purposes, and in Arizona doctors are permitted to prescribe
27 marijuana. New Jersey joins this effort for the health and welfare of
28 its citizens;
29 d. States are not required to enforce federal law or prosecute
30 people for engaging in activities prohibited by federal law;
31 therefore, compliance with this act does not put the State of New
32 Jersey in violation of federal law; and
33 e. Compassion dictates that a distinction be made between
34 medical and non-medical uses of marijuana. Hence, the purpose of
35 this act is to protect from arrest, prosecution, property forfeiture,
36 and criminal and other penalties, those patients who use marijuana
37 to alleviate suffering from debilitating medical conditions, as well
as their physicians1, primary caregivers,1 38 and those who are
39 authorized to produce marijuana for medical purposes.
40
41 3. (New section) As used in this act:
42 “Bona fide physician-patient relationship” means a relationship
in which the physician has 1[the]1 ongoing 1[primary]1 43
[1R] ACS for A804 GUSCIORA, CARROLL
3
responsibility for the assessment, care an 1 d treatment of a patient’s
2 debilitating medical condition.
13 “Certification” means a statement signed by a physician with
4 whom a qualifying patient has a bona fide physician-patient
5 relationship, which attests to the physician’s authorization for the
patient to apply for registration for the medical use of marijuana.1 6
7 “Commissioner” means the Commissioner of Health and Senior
8 Services.
9 “Debilitating medical condition” means:
(1) 110 one of the following conditions, if resistant to conventional
medical therapy:1 seizure disorder, including epilepsy1[,];1 11
intractable skeletal muscular spasticity1;1 or glaucoma 112 [that is
resistant to conventional medical therapy]113 ;
(2) 114 one of the following conditions, if severe or chronic pain,
15 severe nausea or vomiting, cachexia, or wasting syndrome results
from the condition or treatment thereof:1 16 positive status for human
17 immunodeficiency virus, acquired immune deficiency syndrome, or
cancer 118 [that results in severe or chronic pain, severe nausea or
vomiting, cachexia, or wasting syndrome]119 ;
20 (3) amyotrophic lateral sclerosis, multiple sclerosis, terminal
cancer121 , muscular dystrophy, or inflammatory bowel disease,
22 including Crohn’s disease;
23 (4) terminal illness, if the physician has determined a prognosis
of less than 12 months of life124 ; or
1[(4)] (5)1
25 any other medical condition or its treatment that is
26 approved by the department by regulation.
27 “Department” means the Department of Health and Senior
28 Services.
29 “Marijuana” has the meaning given in section 2 of the “New
30 Jersey Controlled Dangerous Substances Act,” P.L.1970, c.226
31 (C.24:21-2).
32 “Medical marijuana alternative treatment center” or “alternative
treatment center” means 1[a nonprofit] an133 organization approved
34 by the department to perform activities necessary to provide
35 registered qualifying patients with usable marijuana and related
36 paraphernalia in accordance with the provisions of this act. This
37 term shall include the organization’s officers, directors, board
38 members, and employees.
39 “Medical use of marijuana” means the acquisition, possession,
1transport,1 40 or use of marijuana or paraphernalia by a registered
41 qualifying patient as authorized by this act.
42 “Minor” means a person who is under 18 years of age and who
43 has not been married or previously declared by a court or an
44 administrative agency to be emancipated.
45 “Paraphernalia” has the meaning given in N.J.S.2C:36-1.
[1R] ACS for A804 GUSCIORA, CARROLL
4
“Physician” means a person licensed t 1 o practice medicine and
2 surgery pursuant to Title 45 of the Revised Statutes with whom the
3 patient has a bona fide physician-patient relationship and who is the
1primary care physician, hospice physician, or1 4 physician
responsible for the ongoing 1[primary]1 5 treatment of a patient’s
debilitating medical condition16 , provided, however, that such
7 ongoing treatment shall not be limited to the provision of
8 authorization for a patient to use medical marijuana or consultation
solely for that purpose19 .
110 “Primary caregiver” or “caregiver” means a resident of the State
11 who:
12 a. is at least 18 years old;
13 b. has agreed to assist with a registered qualifying patient’s
14 medical use of marijuana, is not currently serving as primary
15 caregiver for another qualifying patient, and is not the qualifying
16 patient’s physician;
17 c. has never been convicted of possession or sale of a controlled
18 dangerous substance, unless such conviction occurred after the
19 effective date of this act and was for a violation of federal law
20 related to possession or sale of marijuana that is authorized under
21 this act;
22 d. has registered with the department pursuant to section 4 of this
23 act, and has satisfied the criminal history record background check
24 requirement of section 4 of this act; and
25 e. has been designated as primary caregiver on the qualifying
26 patient’s application or renewal for a registry identification card or
in other written notification to the department.1 27
“Qualifying patient” or “patient” means a 128 [person] resident of
the State1 who has been provided with a 1[written]1 29 certification by
30 a physician pursuant to a bona fide physician-patient relationship.
31 “Registry identification card” means a document issued by the
32 department that identifies a person as a registered qualifying
patient1or primary caregiver133 .
34 “Usable marijuana” means the dried leaves and flowers of
35 marijuana, and any mixture or preparation thereof, and does not
36 include the seeds, stems, stalks or roots of the plant.
137 [“Written certification” means a statement signed by a
38 physician with whom a qualifying patient has a bona fide physician39
patient relationship, which attests to the physician’s authorization
40 for the patient to apply for registration for the medical use of
marijuana.]1 41
42
43 4. (New section) a. The department shall establish a registry of
qualifying patients 1and their primary caregivers,1 44 and shall issue a
registry identification card 1[that], which1 shall be valid for 145 [one
year] two years,1 to a qualifying patient 146 and primary caregiver, if
[1R] ACS for A804 GUSCIORA, CARROLL
5
applicable,1 who submits the following, 1 in accordance with
2 regulations adopted by the department:
(1) a 1[written]1 3 certification that meets the requirements of
section 5 of 14 [P.L. , c. ( C. )(pending before the Legislature as
this bill)] this act15 ;
6 (2) an application or renewal fee, which may be based on a
7 sliding scale as determined by the commissioner;
(3) the name, address and date of birth of the patient18 and
caregiver, as applicable1;1and1 9
10 (4) the name, address and telephone number of the patient’s
11 physician.
12 b. Before issuing a registry identification card, the department
13 shall verify the information contained in the application or renewal
form submitted pursuant to this section. 114 In the case of a primary
15 caregiver, the department shall provisionally approve an application
16 pending the results of a criminal history record background check,
if the caregiver otherwise meets the requirements of this act.1 17 The
18 department shall approve or deny an application or renewal within
30 days of receipt of the 1completed1 19 application or renewal, and
20 shall issue a registry identification card within five days of
21 approving the application or renewal. The department may deny an
22 application or renewal only if the applicant fails to provide the
23 information required pursuant to this section, or if the department
24 determines that the information was incorrect or falsified or does
25 not meet the requirements of this act. Denial of an application shall
26 be a final agency decision, subject to review by the Superior Court,
27 Appellate Division.
c. 128 (1) The commissioner shall require each applicant seeking
29 to serve as a primary caregiver to undergo a criminal history record
30 background check. The commissioner is authorized to exchange
31 fingerprint data with and receive criminal history record
32 background information from the Division of State Police and the
33 Federal Bureau of Investigation consistent with the provisions of
34 applicable federal and State laws, rules, and regulations. The
35 Division of State Police shall forward criminal history record
36 background information to the commissioner in a timely manner
37 when requested pursuant to the provisions of this section.
38 An applicant seeking to serve as a primary caregiver shall submit
39 to being fingerprinted in accordance with applicable State and
40 federal laws, rules, and regulations. No check of criminal history
41 record background information shall be performed pursuant to this
42 section unless the applicant has furnished his written consent to that
43 check. An applicant who refuses to consent to, or cooperate in, the
44 securing of a check of criminal history record background
45 information shall not be considered for inclusion in the registry as a
46 primary caregiver or issuance of an identification card. An
[1R] ACS for A804 GUSCIORA, CARROLL
6
applicant shall bear the cost for 1 the criminal history record
2 background check, including all costs of administering and
3 processing the check.
4 (2) The commissioner shall not approve an applicant seeking to
5 serve as a primary caregiver if the criminal history record
6 background information of the applicant reveals a disqualifying
7 conviction. For the purposes of this section, a disqualifying
8 conviction shall mean a conviction of a crime involving any
9 controlled dangerous substance or controlled substance analog as
10 set forth in chapter 35 of Title 2C of the New Jersey Statutes except
11 paragraph (4) of subsection a. of N.J.S.2C:35-10, or any similar law
12 of the United States of any other state.
13 (3) Upon receipt of the criminal history record background
14 information from the Division of State Police and the Federal
15 Bureau of Investigation, the commissioner shall provide written
16 notification to the applicant of his qualification or disqualification
17 for serving as a primary caregiver.
18 If the applicant is disqualified because of a disqualifying
19 conviction pursuant to the provisions of this section, the conviction
20 that constitutes the basis for the disqualification shall be identified
21 in the written notice.
22 (4) The Division of State Police shall promptly notify the
23 commissioner in the event that an individual who was the subject of
24 a criminal history record background check conducted pursuant to
25 this section is convicted of a crime or offense in this State after the
26 date the background check was performed. Upon receipt of that
27 notification, the commissioner shall make a determination regarding
28 the continued eligibility of the applicant to serve as a primary
29 caregiver.
30 (5) Notwithstanding the provisions of subsection b. of this
31 section to the contrary, no applicant shall be disqualified from
32 serving as a registered primary caregiver on the basis of any
33 conviction disclosed by a criminal history record background check
34 conducted pursuant to this section if the individual has affirmatively
35 demonstrated to the commissioner clear and convincing evidence of
36 rehabilitation. In determining whether clear and convincing
37 evidence of rehabilitation has been demonstrated, the following
38 factors shall be considered:
39 (a) the nature and responsibility of the position which the
40 convicted individual would hold, has held, or currently holds;
41 (b) the nature and seriousness of the crime or offense;
42 (c) the circumstances under which the crime or offense
43 occurred;
44 (d) the date of the crime or offense;
45 (e) the age of the individual when the crime or offense was
46 committed;
[1R] ACS for A804 GUSCIORA, CARROLL
7
(f) whether the crime or offense 1 was an isolated or repeated
2 incident;
3 (g) any social conditions which may have contributed to the
4 commission of the crime or offense; and
5 (h) any evidence of rehabilitation, including good conduct in
6 prison or in the community, counseling or psychiatric treatment
7 received, acquisition of additional academic or vocational
8 schooling, successful participation in correctional work-release
9 programs, or the recommendation of those who have had the
10 individual under their supervision.
d.1 11 A registry identification card shall contain the following
12 information:
13 (1) the name, address and date of birth of the patient and primary
caregiver, if applicable114 ;
(2) the 1[date of]1 15 expiration date of the registry identification
16 card;
17 (3) photo identification of the cardholder; and
18 (4) such other information that the department may specify by
19 regulation.
1e. (1)1 20 A patient who has been issued a registry identification
21 card shall notify the department of any change in the patient’s
22 name, address, or physician or change in status of the patient’s
23 debilitating medical condition, within 10 days of such change, or
24 the registry identification card shall be deemed null and void.
125 (2) A primary caregiver who has been issued a registry
26 identification card shall notify the department of any change in the
27 caregiver’s name or address within 10 days of such change, or the
registry identification card shall be deemed null and void.1 28
1[d.] f.1 29 The department shall maintain a confidential list of the
30 persons to whom it has issued registry identification cards.
31 Individual names and other identifying information on the list, and
32 information contained in any application form, or accompanying or
33 supporting document shall be confidential, and shall not be
34 considered a public record under P.L.1963, c.73 (C.47:1A-1 et seq.)
35 or P.L.2001, c.404 (C.47:1A-5 et al.), and shall not be disclosed
36 except to:
37 (1) authorized employees of the department and the Division of
38 Consumer Affairs in the Department of Law and Public Safety as
39 necessary to perform official duties of the department and the
40 division, as applicable; and
41 (2) authorized employees of State or local law enforcement
42 agencies, only as necessary to verify that a person who is engaged
43 in the suspected or alleged medical use of marijuana is lawfully in
44 possession of a registry identification card.
1[e.] g.1 45 Applying for or receiving a registry card does not
46 constitute a waiver of the qualifying patient’s patient-physician
47 privilege.
[1R] ACS for A804 GUSCIORA, CARROLL
8
5. (New section) a. Medical use of 1 marijuana by a qualifying
patient may be authorized pursuant to a 1[written]1 2 certification
3 which meets the requirements of this act. In order to provide such
1[a written]1 4 certification, a physician shall be licensed and in good
standing to practice in the State15 [ and be board-certified, if
6 available, in the specialty appropriate for the assessment, care, and
7 ongoing primary treatment of the debilitating medical condition for
which the medical use of marijuana is being considered]18 .
The 1[written]1 9 certification shall attest that the above criteria
10 have been met.
11 b. The provisions of subsection a. of this section shall not
12 apply to a qualifying patient who is a minor unless the custodial
13 parent, guardian, or person who has legal custody of the minor,
14 consents in writing that the minor patient has that person’s
15 permission for the medical use of marijuana and that the person will
16 control the acquisition and possession of the medical marijuana and
17 any related paraphernalia from the alternative treatment center.
18
19 6. (New section) a. The provisions of N.J.S.2C:35-18 shall
apply to any qualifying patient, 1primary caregiver,1 20 alternative
21 treatment center, physician, or any other person acting in
22 accordance with the provisions of this act.
b. A qualifying patient, 1primary caregiver,1 23 alternative
24 treatment center, physician, or any other person acting in
25 accordance with the provisions of this act shall not be subject to any
26 civil or administrative penalty, or denied any right or privilege,
27 including, but not limited to, civil penalty or disciplinary action by
28 a professional licensing board, related to the medical use of
29 marijuana as authorized under this act.
30 c. Possession of, or application for, a registry identification
31 card shall not alone constitute probable cause to search the person
32 or the property of the person possessing or applying for the registry
33 identification card, or otherwise subject the person or his property
34 to inspection by any governmental agency.
35 d. The provisions of section 2 of P.L.1939, c.248 (C.26:2-82),
36 relating to destruction of marijuana determined to exist by the
department, shall not apply if a qualifying patient 137 or primary
caregiver1 38 has in his possession a registry identification card and no
39 more than the maximum amount of usable marijuana that may be
obtained in accordance with section 10 of 140 [P.L. , c.
(C. )(pending before the Legislature as this bill)] this act141 .
42 e. No person shall be subject to arrest or prosecution for
43 constructive possession, conspiracy or any other offense for simply
44 being in the presence or vicinity of the medical use of marijuana as
45 authorized under this act.
[1R] ACS for A804 GUSCIORA, CARROLL
9
f. No custodial parent, guardian, 1 or person who has legal
2 custody of a qualifying patient who is a minor shall be subject to
3 arrest or prosecution for constructive possession, conspiracy or any
4 other offense for assisting the minor in the medical use of marijuana
5 as authorized under this act.
6
7 7. (New section) a. The department shall accept applications
from 1[nonprofit]1 entities 1for permits1 8 to operate as alternative
9 treatment centers, and may charge a reasonable fee for the issuance
10 of a permit under this section. The department shall seek to ensure
the availability of 1a sufficient number of1 11 alternative treatment
centers throughout the State, 1pursuant to need,1 including112 [, to the
maximum extent practicable,]1 13 at least two each in the northern,
central, and southern regions of the State. 114 The first two centers
15 issued a permit in each region shall be nonprofit entities, and
16 centers subsequently issued permits may be nonprofit or for-profit
entities.1 17
An alternative treatment center shall be authorized to acquire 118 a
19 reasonable initial and ongoing inventory, as determined by the
department, of1 20 marijuana seeds or seedlings and paraphernalia,
21 possess, cultivate, plant, grow, harvest, process, display,
22 manufacture, deliver, transfer, transport, distribute, supply, sell, or
dispense marijuana, or related supplies to 1[registered]1 23 qualifying
patients 1or their primary caregivers1 24 who are registered with the
department pursuant to section 4 of 125 [P.L. , c. (C. )(pending
before the Legislature as this bill)] this act126 .
Applicants for authorization as 1[an] nonprofit1 27 alternative
treatment 1[center] centers1 28 shall be subject to all applicable State
29 laws governing nonprofit entities, but need not be recognized as a
30 50l(c)(3) organization by the federal Internal Revenue Service.
31 b. The department shall require that an applicant provide such
32 information as the department determines to be necessary pursuant
33 to regulations adopted pursuant to this act.
c. A person who has been convicted of 134 [possession or sale of
35 a controlled dangerous substance] a crime involving any controlled
36 dangerous substance or controlled substance analog as set forth in
37 chapter 35 of Title 2C of the New Jersey Statutes except paragraph
38 (4) of subsection a. of N.J.S.2C:35-10, or any similar law of the
United States or any other state1 39 shall not be issued a permit to
operate as 1[a] an1 40 alternative treatment center or be a director,
41 officer, or employee of an alternative treatment center, unless such
conviction 1occurred after the effective date of this act and1 42 was for
43 a violation of federal law relating to possession or sale of marijuana
44 for conduct that is authorized under this act.
[1R] ACS for A804 GUSCIORA, CARROLL
10
d. 1(1) The commissioner shall 1 require each applicant seeking a
2 permit to operate as an alternative treatment center to undergo a
3 criminal history record background check. For purposes of this
4 section, the term “applicant” shall include any owner, director,
5 officer, or employee of an alternative treatment center. The
6 commissioner is authorized to exchange fingerprint data with and
7 receive criminal history record background information from the
8 Division of State Police and the Federal Bureau of Investigation
9 consistent with the provisions of applicable federal and State laws,
10 rules, and regulations. The Division of State Police shall forward
11 criminal history record background information to the
12 commissioner in a timely manner when requested pursuant to the
13 provisions of this section.
14 An applicant shall submit to being fingerprinted in accordance
15 with applicable State and federal laws, rules, and regulations. No
16 check of criminal history record background information shall be
17 performed pursuant to this section unless the applicant has
18 furnished his written consent to that check. An applicant who
19 refuses to consent to, or cooperate in, the securing of a check of
20 criminal history record background information shall not be
21 considered for a permit to operate, or authorization to be employed
22 at, an alternative treatment center. An applicant shall bear the cost
23 for the criminal history record background check, including all
24 costs of administering and processing the check.
25 (2) The commissioner shall not approve an applicant for a permit
26 to operate, or authorization to be employed at, an alternative
27 treatment center if the criminal history record background
28 information of the applicant reveals a disqualifying conviction set
29 forth in subsection c. of this section.
30 (3) Upon receipt of the criminal history record background
31 information from the Division of State Police and the Federal
32 Bureau of Investigation, the commissioner shall provide written
33 notification to the applicant of his qualification for or
34 disqualification for a permit to operate or be a director, officer, or
35 employee of an alternative treatment center.
36 If the applicant is disqualified because of a disqualifying
37 conviction pursuant to the provisions of this section, the conviction
38 that constitutes the basis for the disqualification shall be identified
39 in the written notice.
40 (4) The Division of State Police shall promptly notify the
41 commissioner in the event that an individual who was the subject of
42 a criminal history record background check conducted pursuant to
43 this section is convicted of a crime or offense in this State after the
44 date the background check was performed. Upon receipt of that
45 notification, the commissioner shall make a determination regarding
46 the continued eligibility to operate or be a director, officer, or
47 employee of an alternative treatment center.
[1R] ACS for A804 GUSCIORA, CARROLL
11
(5) Notwithstanding the provisions 1 of subsection b. of this
2 section to the contrary, the commissioner may offer provisional
3 authority for an applicant to be an employee of an alternative
4 treatment center for a period not to exceed three months if the
5 applicant submits to the commissioner a sworn statement attesting
6 that the person has not been convicted of any disqualifying
7 conviction pursuant to this section.
8 (6) Notwithstanding the provisions of subsection b. of this
9 section to the contrary, no employee of an alternative treatment
10 center shall be disqualified on the basis of any conviction disclosed
11 by a criminal history record background check conducted pursuant
12 to this section if the individual has affirmatively demonstrated to
13 the commissioner clear and convincing evidence of rehabilitation.
14 In determining whether clear and convincing evidence of
15 rehabilitation has been demonstrated, the following factors shall be
16 considered:
17 (a) the nature and responsibility of the position which the
18 convicted individual would hold, has held or currently holds;
19 (b) the nature and seriousness of the crime or offense;
20 (c) the circumstances under which the crime or offense
21 occurred;
22 (d) the date of the crime or offense;
23 (e) the age of the individual when the crime or offense was
24 committed;
25 (f) whether the crime or offense was an isolated or repeated
26 incident;
27 (g) any social conditions which may have contributed to the
28 commission of the crime or offense; and
29 (h) any evidence of rehabilitation, including good conduct in
30 prison or in the community, counseling or psychiatric treatment
31 received, acquisition of additional academic or vocational
32 schooling, successful participation in correctional work-release
33 programs, or the recommendation of those who have had the
individual under their supervision.1 34
35 e. The department shall issue a permit to a person to operate as
36 an alternative treatment center if the department finds that issuing
37 such a permit would be consistent with the purposes of this act and
38 the requirements of this section are met and the department has
39 verified the information contained in the application. The
40 department shall approve or deny an application within 60 days
41 after receipt of a completed application. The denial of an
42 application shall be considered a final agency decision, subject to
43 review by the Appellate Division of the Superior Court. The
44 department may suspend or revoke a permit to operate as an
45 alternative treatment center for cause, which shall be subject to
46 review by the Appellate Division of the Superior Court.
[1R] ACS for A804 GUSCIORA, CARROLL
12
f. A person who has been issued a per 1 mit pursuant to this
2 section shall display the permit at the premises of the alternative
3 treatment center at all times when marijuana is being produced, or
dispensed to a registered qualifying patient14 or the patient’s primary
caregiver15 .
6 g. An alternative treatment center shall report any change in
7 information to the department not later than 10 days after such
8 change, or the permit shall be deemed null and void.
9 h. An alternative treatment center may charge a registered
qualifying patient 1or primary caregiver1 10 for the reasonable costs
11 associated with the production and distribution of marijuana for the
12 cardholder.
13 i. The commissioner shall adopt regulations to:
(1) 114 [provide for the use by a registered qualifying patient of a
15 designated individual in an emergency situation to transport
16 marijuana to the patient who is otherwise unable to obtain
17 marijuana from an alternative treatment center; and
(2)]1 18 require such written documentation of each delivery of
19 marijuana to, and pickup of marijuana for, a registered qualifying
20 patient, including the date and amount dispensed, to be maintained
21 in the records of the alternative treatment center, as the
22 commissioner determines necessary to ensure effective
23 documentation of the operations of each alternative treatment
center1; 24
25 (2) monitor, oversee, and investigate all activities performed by
26 an alternative treatment center; and
27 (3) ensure adequate security of all facilities 24 hours per day,
28 including production and retail locations, and security of all
delivery methods to registered qualifying patients1. 29
30
31 8. (New section) The provisions of this act shall not be
32 construed to permit a person to:
33 a. operate, navigate, or be in actual physical control of any
34 vehicle, aircraft, railroad train, stationary heavy equipment or vessel
35 while under the influence of marijuana; or
36 b. smoke marijuana in a school bus or other form of public
37 transportation, in a private vehicle unless the vehicle is not in
38 operation, on any school grounds, in any correctional facility, at any
39 public park or beach, at any recreation center, or in any place where
40 smoking is prohibited pursuant to N.J.S.2C:33-13.
41 A person who commits an act as provided in this section shall be
42 subject to such penalties as are provided by law.
43
44 9. (New section) A person who knowingly sells, offers, or
45 exposes for sale, or otherwise transfers, or possesses with the intent
46 to sell, offer or expose for sale or transfer a document that falsely
47 purports to be a registration card issued pursuant to this act, or a
[1R] ACS for A804 GUSCIORA, CARROLL
13
registration card issued pursuant to this act that 1 has been altered, is
2 guilty of a crime of the third degree. A person who knowingly
3 presents to a law enforcement officer a document that falsely
4 purports to be registration card issued pursuant to this act, or a
5 registration card that has been issued pursuant to this act that has
6 been altered, is guilty of a crime of the fourth degree. The
7 provisions of this section are intended to supplement current law
8 and shall not limit prosecution or conviction for any other offense.
9
10 10. (New section) a. A physician shall provide written
instructions for a registered 1qualifying1 patient 1or his caregiver1 11
to present to an alternative treatment center112 [, at the time of pickup
or delivery,]1 13 concerning the total amount of usable marijuana that
14 a patient may be dispensed, in weight, in a 30-day period, which
amount shall not exceed 1[one ounce] two ounces115 . If no amount
16 is noted, the maximum amount that may be dispensed at one time is
1[one ounce] two ounces117 .
18 b. A physician may issue multiple written instructions at one
19 time authorizing the patient to receive a total of up to a 90-day
20 supply, provided that the following conditions are met:
21 (1) Each separate set of instructions shall be issued for a
22 legitimate medical purpose by the physician, as provided in this act;
(2) 123 [The physician shall provide written instructions for each
24 dispensation, other than the first dispensation if it is to be filled
25 immediately, indicating] Each separate set of instructions shall
indicate1 26 the earliest date on which a center may dispense the
marijuana127 , except for the first dispensation if it is to be filled
immediately128 ; and
29 (3) The physician has determined that providing the patient with
30 multiple instructions in this manner does not create an undue risk of
31 diversion or abuse.
c. A registered qualifying patient 1or his primary caregiver1 32
shall present the patient’s 1or caregiver’s1 33 registry identification
card1, as applicable,1 and these written instructions 134 [at the time of
pickup or delivery, and] to1 the alternative treatment center135 ,
which1 shall verify and log the documentation presented. 136 A
37 physician may provide a copy of a written instruction by electronic
38 or other means, as determined by the commissioner, directly to an
39 alternative treatment center on behalf of a registered qualifying
patient.1 40 The dispensation of marijuana pursuant to any written
41 instructions shall occur within one month of the date that the
42 instructions were written or the instructions are void.
43 d. A patient may be registered at only one alternative treatment
44 center at any time.
[1R] ACS for A804 GUSCIORA, CARROLL
14
11. (New section) a. A physician who provides 1[written] a1 1
certification or written instruction for the m 2 edical use of marijuana
3 to a qualifying patient pursuant to P.L. , c. (C. )(pending before the
4 Legislature as this bill) and any alternative treatment center shall
5 furnish to the Director of the Division of Consumer Affairs in the
6 Department of Law and Public Safety such information, in such a
7 format and at such intervals, as the director shall prescribe by
8 regulation, for inclusion in a system established to monitor the
9 dispensation of marijuana in this State for medical use as authorized
10 by the provisions of P.L. , c. ( C. )(pending before the
11 Legislature as this bill), which system shall serve the same purpose
as 1, and be cross-referenced with,1 12 the electronic system for
13 monitoring controlled dangerous substances established pursuant to
14 section 25 of P.L.2007, c.244 (C.45:1-45).
15 b. The Director of the Division of Consumer Affairs, pursuant
16 to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-
1 et seq.), 1and1 17 in consultation with the Commissioner of Health
18 and Senior Services, shall adopt rules and regulations to effectuate
19 the purposes of subsection a. of this section.
20 c. Notwithstanding any provision of P.L.1968, c.410 to the
21 contrary, the Director of the Division of Consumer Affairs shall
22 adopt, immediately upon filing with the Office of Administrative
Law and no later than the 90th day after the effective date of 123 [this
act] P.L. , c. (C. )(pending before the Legislature as this bill)124 ,
25 such regulations as the director deems necessary to implement the
26 provisions of subsection a. of this section. Regulations adopted
27 pursuant to this subsection shall be effective until the adoption of
28 rules and regulations pursuant to subsection b. of this section and
29 may be amended, adopted, or readopted by the director in
30 accordance with the requirements of P.L.1968, c.410.
31
32 12. N.J.S.2C:35-18 is amended to read as follows:
33 2C:35-18. Exemption; Burden of Proof. a. If conduct is
34 authorized by the provisions of P.L. 1970, c. 226 (C. 24:21-1 et
35 seq.) or P.L. , c. (C. )(pending before the Legislature as this
36 bill), that authorization shall, subject to the provisions of this
37 section, constitute an exemption from criminal liability under this
38 chapter or chapter 36, and the absence of such authorization shall
39 not be construed to be an element of any offense in this chapter or
40 chapter 36. It is an affirmative defense to any criminal action
41 arising under this chapter or chapter 36 that the defendant is the
42 authorized holder of an appropriate registration, permit or order
43 form or is otherwise exempted or excepted from criminal liability
44 by virtue of any provision of P.L. 1970, c. 226 (C. 24:21-1 et seq.)
45 or P.L. , c. (C. )(pending before the Legislature as this bill).
46 The affirmative defense established herein shall be proved by the
47 defendant by a preponderance of the evidence. It shall not be
[1R] ACS for A804 GUSCIORA, CARROLL
15
necessary for the State to negate any exemption set 1 forth in this act
2 or in any provision of Title 24 of the Revised Statutes in any
3 complaint, information, indictment or other pleading or in any trial,
4 hearing or other proceeding under this act.
5 b. No liability shall be imposed by virtue of this chapter or
6 chapter 36 upon any duly authorized State officer, engaged in the
7 enforcement of any law or municipal ordinance relating to
8 controlled dangerous substances or controlled substance analogs.
9 (cf: P.L.1988, c.44, s.8)
10
11 13. (New section) a. The commissioner may accept from any
12 governmental department or agency, public or private body or any
13 other source grants or contributions to be used in carrying out the
14 purposes of this act.
15 b. All fees collected pursuant to this act, including those from
16 qualifying patients and alternative treatment centers’ initial,
17 modification and renewal applications, shall be used to offset the
18 cost of the department’s administration of the provisions of this act.
19
20 14. (New section) a. The commissioner shall report to the
21 Governor, and to the Legislature pursuant to section 2 of P.L.1991,
22 c.164 (C.52:14-19.1):
23 (1) no later than one year after the effective date of this act, on
24 the actions taken to implement the provisions of this act; and
25 (2) annually thereafter on the number of applications for registry
26 identification cards, the number of qualifying patients registered,
1the number of primary caregivers registered,1 27 the nature of the
28 debilitating medical conditions of the patients, the number of
registry identification cards revoked, 129 the number of alternative
treatment center permits issued and revoked,1 30 and the number of
physicians providing 1[written]1 31 certifications for patients.
32 b. The reports shall not contain any identifying information of
patients1, caregivers,1 33 or physicians.
134 c. Within two years after the effective date of this act and
35 every two years thereafter, the commissioner shall: evaluate
36 whether there are sufficient numbers of alternative treatment centers
37 to meet the needs of registered qualifying patients throughout the
38 State; evaluate whether the maximum amount of medical marijuana
39 allowed pursuant to this act is sufficient to meet the medical needs
40 of qualifying patients; and determine whether any alternative
41 treatment center has charged excessive prices for marijuana that the
42 center dispensed.
43 The commissioner shall report his findings no later than two
44 years after the effective date of this act, and every two years
45 thereafter, to the Governor, and to the Legislature pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1).1 46
[1R] ACS for A804 GUSCIORA, CARROLL
16
15. (New section) 1 a. The Department of Health and Senior
2 Services is authorized to exchange fingerprint data with, and
3 receive information from, the Division of State Police in the
4 Department of Law and Public Safety and the Federal Bureau of
Investigation for use in reviewing applications 15 for individuals
6 seeking to serve as primary caregivers pursuant to section 4 of P.L.
, c. (C. )(pending before the Legislature as this bill), and1 for 17 [a
permit] permits1 to operate as, or to be a director, officer1,1 8 or
employee of, 1[an]1 alternative treatment 1[center] centers1 9
10 pursuant to section 7 of P.L. , c. (C. )(pending before the
11 Legislature as this bill).
12 b. The Division of State Police shall promptly notify the
13 Department of Health and Senior Services in the event an applicant
1seeking to serve as a primary caregiver or an applicant1 14 for a
permit to operate as, or to be a director, officer1,1 15 or employee of,
an alternative treatment center1,1 16 who was the subject of a criminal
17 history record background check conducted pursuant to subsection
18 a. of this section, is convicted of a crime involving possession or
19 sale of a controlled dangerous substance.
20
21 16. (New section) Nothing in this act shall be construed to
22 require a government medical assistance program or private health
23 insurer to reimburse a person for costs associated with the medical
24 use of marijuana, or an employer to accommodate the medical use
25 of marijuana in any workplace.
26
27 17. (New section) In addition to any immunity or defense
28 provided by law, the State and any employee or agent of the State
29 shall not be held liable for any actions taken in accordance with this
30 act or for any deleterious outcomes from the medical use of
31 marijuana by any registered qualifying patient.
32
33 18. (New section) a. Pursuant to the “Administrative Procedure
34 Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall
35 promulgate rules and regulations to effectuate the purposes of this
36 act, in consultation with the Department of Law and Public Safety.
137 [The regulations shall establish: the form, process and fee
38 schedule for initial, modification and renewal applications for
39 qualifying patients and alternative treatment centers that are
40 complete and accurate; the considerations to be used to determine
41 whether to approve an application for an alternative treatment
42 center, including its operational procedures; the form and manner in
43 which the department will function, including the consideration and
44 approval of petitions to add new debilitating medical conditions to
45 those included in this act; validating written certifications and other
46 information contained in applications received from prospective and
47 current qualifying patients and alternative treatment centers;
[1R] ACS for A804 GUSCIORA, CARROLL
17
NORML is pleased to announce that House Bill 207, which seeks to enact legal protections for authorized medical marijuana patients, has been introduced in the Alabama Legislature and referred to the House Judiciary Committee. Now is the time to contact your House member and urge him or her to support this important legislation.
House Bill 207 will help to ensure that medical marijuana patients in Alabama will no longer have to fear arrest or prosecution from state law enforcement. As introduced, this act would allow qualified patients under a physician’s supervision to possess up to 12 cannabis plants and/or 2.5 ounces of medical marijuana for therapeutic purposes. However, this proposal will only receive serious consideration if your elected officials hear an unmistakable message of support from their constituents.
Currently, twelve states — Alaska, California, Colorado, Hawaii, Maine, Montana, New Mexico, Nevada, Oregon, Rhode Island, Vermont and Washington — have enacted laws protecting medical marijuana patients from state prosecution. Patients in these twelve states enjoy legal protections to use medicinal marijuana under a doctor’s supervision; seriously ill citizens in Alabama deserve this same protection.
Please take two minutes of your time today to contact your state House member and tell him or her to support medical marijuana. If your Representative sits on the House Judiciary Committee, then it is especially important that your he or she hears from you. For your convenience, a prewritten letter will be sent to your representatives when you enter your zip code below.
Thank you for your support of NORML and our efforts to enact medical marijuana reform in Alabama.
Good honey oil or hash oil, which is a misnomer because all oil derives from cannabis not hash, is like smoking pure THC when it’s produced correctly but remember there are many varieties and several ways to produce oil from marijuana. Naturally, like almost anything in this world, the better the ingredients the better the finished product. Some connoisseurs even suggest that pure Indica strain buds is the only way to produce the best oil but I’ve smoked weed oil from primo sativa buds and that was stellar, just that the color and consistency wasn’t as golden as true honey oil.
Honey oil is considerably more potent than cannabis itself, due to its extreme purity and lack of other plant matter. The THC content of honey oil is variable based on the particular strain of cannabis from which it was derived, and is similar to that of hashish. The name honey refers to the color and consistency of the oil; there is no honey. One or two hits of good oil and you’re as blazed as if you’d smoked an entire joint. Actually that’s one of the reasons some people prefer honey oil over bud, as it lasts a long time and provides a strong buzz from a single toke.
One popular method for making honey oil is known as “Budder Hash” or commonly known as BHO (pictured) which stands for Butane Hash Oil but that doesn’t sound so tasty because of the word ‘butane’ but if you’ve ever smoked this gear you’ll know that the flavor is fabulous and the buzz totally rocks!
Source: http://www.reefersmoke.com
As if Weedmaps and Nugporn wasn’t enough, on the first day of this new year those clever (and crazy) folks from the Marijuana News Network launched another new website: Medical Marijuana Bootcamp.
Tang the creator of WeedMaps.com (medical marijuana dispensary finder website) is the brainchild of this new killer project. As (one) of the owners of WeedMaps, he’s in a unique position to speak about the medical marijuana business in general, especially in California, because the site is a meeting place for both patients and collectives and Tang is on first-name basis with many of them, plus has an understanding of the cannabis strains that they purvey, which goes way beyond expert.
To not be outdone on the intake and creative output of Tang, a seasoned nug expert was needed, so the dev team recruited the expertise of Chubbs, the founder and connoisseur/weed critic extraordinaire of MarijuanaReviews.com as well asNUGGETRY SD, the premier cannabis collective located in east San Diego. Chubbs has been actively involved in the marijuana movement since 1989, when he started to;experiment with hydroponics. He started the NUGGETRY delivery service based out of Orange County, CA in June of 2009 and became an overnight success.
What’s cool about Medical Marijuana Bootcamp is that unlike their earlier projects the primary form of media is video via YouTube and it’s light-hearted but serious content about the medicinal cannabis strains and the cannabis collectives of California. These videos are not just a couple of stoners quaffing back huge bong hits, although they do, and then mumbling the first random thoughts to the top of their minds, this content is coherent and interesting. The episodes are fairly improv, so their not scripted, they do have meaning and you will gain value in watching. I’m very impressed with this effort and give the Tang and Chubbs to enthusiastic bongs up!
Source:http://www.reefersmoke.com
Posted January 12th, 2010 by canorml_admin
- California NORML Release -
SACRAMENTO, Jan 12, 2010. In a historic vote, the Assembly Public Safety Committee voted 4-3 to approve Tom Ammmiano’s bill to legalize and regulate marijuana, the first time a legislative body has ever voted to repeal MJ prohibition. The bill does not have time to move forward to the next legislative step, which would involve hearings by the Health Committee, and will therefore likely die at the end of the week, but Ammiano said he would re-introduce a similar bill in an upcoming session.
The bill was supported by NORML, DPA, MPP, Taxpayers for Improving Public Safety, the ACLU, the California Attorneys for Criminal Justice, the S.F. Sheriff, and the AFL-CIO. Appearing against the bill were a blue phalanx of cops from around the state*, plus leading drug prohibitionists including ex-ONDCP operative Andrea Barthwell , Inland Valley anti-drug activist and legislative candidate Paul Chabot, Bishop Ron Allen of the International Faith-Based Coalition, Carla Lowe, and CNOA lobbyist John Lovell.
Proponents argued that prohibition has failed, and that regulation is needed to quell the chaos of the illegal, criminal market. Opponents repeated familiar reefer madness themes, bafflingly claiming that the bill would feed into the hands of drug cartels, have a devastating impact on public health and safety, and exacerbate crime and drug abuse.
After a heated discussion that ran well over the allotted time, the bill was moved by Assemblyman Jared Huffman of Marin, a temporary appointee to the committee, who said he didn’t support or use marijuana, but that criminalization had failed, and that he viewed it as a “preliminary” bill. Among the other Aye votes, Nancy Skinner of Berkeley worried about teen abuse, but said there was a clear need to regulate marijuana better, and that it was far better for the legislature to propose a bill than to do so via ballot initiative, which she strongly opposed. Jerry Hill of San Mateo warned that he would not support the bill in its present form on a floor vote, but was voting for it to keep the discussion going, in particular so there could be hearings in the Health Committee (it is too late for such hearings on AB 390, but Health Committee hearings can be expected on a future bill).
Warren Furutani of Long Beach voted nay, even though admitting to inhaling in the 60s, saying the bill was premature and he would prefer a bill to establish a study commission.
Republican Danny Gilmore (Hanford), an ex-police officer, voiced an emphatic “NO,” complaining that revenue from the bill would go exclusively to treatment and rehab.
Vice-Chair Charles Hagman (R-Diamond Bar), another “NO,” said that one day of hearings didn’t do the bill justice, and that the issue needed more discussion. He complained that Prop 215 hadn’t played out the way Californians intended, and that legalization violated federal law.
Ammiano called the day’s proceedings an important step forward in legitimizing the discussion of marijuana legalization. He added that there was a good chance Californians might approve the upcoming ballot initiative, in which case there would be a pressing need for the legislature to step in with statewide regulations. Noting that it had taken six years for other major reforms such as Prop. 63 to be passed, he called the issue “bigger than California.”
VIEW THE HEARINGS ONLINE AT: http://www.calchannel.com/channel/viewVideo/929
SEE AMMIANO SPEAK ABOUT THE VOTE AT: http://videos.sacbee.com/vmix_hosted_apps/p/media?id=9223369
* Law enforcement representatives opposed to the bill at the hearings included: the police departments of San Mateo, Red Bluff, Paso Robles, W. Sacramento, Calexico and the Imperial Valley, Huntington Beach, the Los Gatos PD and Santa Clara DA; the Long Beach, Santa Ana and Los Angeles Co police associations, the San Bernardino Sheriff , the Sacramento Sheriff, the Riverside Sheriff, the El Cerrito PD (two representatives), and the Cal DA Association.
NYT/AP: Committee Approves Calif. Pot Legalization Bill
SF Chron: Assembly committee OKs recreational marijuana
LATimes: Assembly committee OKs bill to legalize marijuana
Gather.com: Wow, it is Actually Possible- That California Will Legalize Pot. California Assembly Panel Votes to Legalize Marijuana
CC Times:AB390 Passes Public Safety Committee; Health Won’t Hear It Before Jan. 22 Deadline
Vote at the KCRA Poll
Source:http://www.canorml.org/news/AB390passesps.html
Welcome friends and family to our humble website, dedicated for the middle class Stoner. We hope you enjoyed our magazine and we will be working on getting our back issues updated, while bringing you new content and news.
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!
Categories
Tag Cloud
Blog RSS
Comments RSS
Last 50 Posts
Back
Void 
Life 
Earth 
Wind 
Water 
Fire