California Senate Urges New Federal Policy on Medical Marijuana

[JackTheGrower]

Will the Governor sign it once the California Assembly passes it?


California Senate Urges New Federal Policy on Medical Marijuana


California Senate Urges New Federal Policy on Medical Marijuana
Recent enforcement actions in medical marijuana states underscore need for change

SACRAMENTO, Calif. - August 25 - The California Senate voted 23-15 yesterday on a resolution that urges the federal government to end medical marijuana raids and to "create a comprehensive federal medical marijuana policy that ensures safe and legal access to any patient that would benefit from it." Recent federal enforcement activity underscores the need for Senate Joint Resolution (SJR) 14, introduced in June by State Senator Mark Leno (D-San Francisco). Although President Obama has signaled a willingness to change federal policy on medical marijuana, his Administration has yet to come forward with an actual implementation plan.

In a previous statement, Senator Leno stated that, "Patients and providers in California remain at risk of arrest and prosecution by federal law enforcement and legally established medical marijuana cooperatives continue to be the subjects of federal raids." Once passed, "this resolution will clearly state the Legislature's opposition to federal interference with California's medical marijuana law and support for expanded federal reform and medical research," continued Leno.

In the last two weeks, federal agents conducted multiple raids on medical marijuana providers in both California and Colorado. On August 12, the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Internal Revenue Service, and local police carried out a paramilitary-style raid on a medical marijuana provider in Los Angeles. The government claimed that the raided facility had failed to submit state sales tax revenues despite a lack of corroboration by the California Board of Equalization. Then, on August 14, during an investigation on an unrelated matter, FBI agents raided a medical marijuana provider in Denver, Colorado, causing the facility to shut down. Most recently, on August 18, five people were arrested in Upper Lake, California on federal charges after DEA agents seized 154 plants from what defendants claim was a medical marijuana cultivation site. The search warrant in the Upper Lake raid has been indefinitely sealed, preventing any scrutiny of the government's actions.

These and at least a half-dozen other actions that have occurred since President Obama took office seem to contradict repeated statements made by the Obama Administration about a new federal policy with regard to medical marijuana. "Not only do we need an end to these harmful federal raids and unnecessary interference in state medical marijuana laws," said Don Duncan, California Director with Americans for Safe Access, the nationwide medical marijuana advocacy group and sponsor of SJR 14. "The entire country would benefit from a sensible, comprehensive medical marijuana policy."

SJR 14 urges President Obama and Congress to "move quickly to end federal raids, intimidation, and interference with state medical marijuana law." But, it goes further by asking the government to establish "an affirmative defense to medical marijuana charges in federal court and establish federal legal protection for individuals authorized by state and local law..." Because of the 2005 U.S. Supreme Court decision in Gonzales v. Raich, federal medical marijuana defendants are prevented from using a medical or state law defense. "With more than two dozen of these defendants currently being prosecuted by the Justice Department, each of them facing many years in prison, such a change to Justice Department policy would be timely, relevant and critically important," continued Duncan.

The resolution also addresses the need to expand research into the medical benefits of marijuana, a recommendation of the White House-commissioned Institute of Medicine report from 1999. Currently, a federal monopoly on the cultivation of marijuana for research purposes has stifled the ability to conduct FDA-approved scientific studies. To address this, the resolution urges the President and Congress "to adopt policies and laws to encourage advanced clinical research trials into the therapeutic use of marijuana." SJR 14 now proceeds to the California Assembly, and if passed the non-binding resolution will become law without needing the approval of Governor Schwarzenegger.

 

[Lazyman]

Bout damn time, let's see if it passes. When does it hit the legislature?

 

[DoobieDuck]

Jack thanks for posting..another step in the right direction? DD

 

[JackTheGrower]

I don't know when the Assembly will take it up.. I just sat down to check the mail and saw the news.

I'm rather impressed these days with the changes about Cannabis worldwide.

It suggests to me the old School drug war is softening on cannabis.

That JR is non-binding but is a step forward yes.. Combine that with individual communities stepping up to work with their dispensaries in their communities ( in a positive non-paranoid way hopefully ) and I think we can have a normalization of cannabis in our culture.

Now to really toss the wrench in the works and legalize totally...

I can just see a Monty Python Skit on it being legal..

"Good morning Mrs. Billax.." Says the mail man
"Good morning" says Mrs Billax back
"My my your cannabis plant sure is looking good Mrs Billax"
"Oh isn't it now.. Can't wait to try some in my new bong."

And of course Mrs Billax is an older Mum type and the Bong is really huge...

Lets see if Arnie is willing to do the right thing and protect Mrs Billax..

 

[bterzz]

Thats awesome news!

 

[Blue Dot]

In the last two weeks, federal agents conducted multiple raids on medical marijuana providers in both California and Colorado. On August 12, the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Internal Revenue Service, and local police carried out a paramilitary-style raid on a medical marijuana provider in Los Angeles. The government claimed that the raided facility had failed to submit state sales tax revenues despite a lack of corroboration by the California Board of Equalization.

1. Since when is the FEDERAL gov in charge of STATE sales tax reimbursement?

2. Since when is the FEDERAL gov in charge of STATE sales tax reimbursement, ESPECIALLY when the STATE BOE says otherwise?

Sounds like this dispensary submitted the sales tax to the BOE but got greedy and didn't actually submit the income on their income tax.

That has got to be the supidest thing a business could do so good riddance.

 

[Sam the Caveman]

Ending the raids should start with the local law enforcement. County Sheriffs have the jurisdictional authority to arrest federal law enforcement, most of them are just pussies and won't do it because they worship at the alter of the federal government. When the DEA shows up to conduct a raid, thats when the local Sheriff tells them to GTF out, and if they refuse or agree to leave and continue on, DEA gets arrested by the Sheriff.

The states own the federal government, every state politicial and sheriff should realize that and take back their rights.

In Mack/Printz v USA, the U S Supreme Court declared that the states or their political subdivisions, "are not subject to federal direction."

 

[IE2KS_KUSH]

But isn't the fed just going after only the "real bad guys" and leaving alone those that are in compliance w/ state law..
At least that is what many would try to convince me to believe...I know better, but just goes to show, that as stupid as those people are in Sac, they seem to have some grasp on reality and understand that the fed TO THIS DAMN DAY, is still prosecuting and bullying anyone they see fit, and finding a scapegoat to do it later. It's scary when legislators in Sacramento seem to have a better grip on reality than many folks here do. If they can see the hypocrisy, how come some of our fellow members who by any other measure should be 100x smarter than those ass hats cannot?
It'll be interesting to see if this actually goes anywhere, I kinda doubt that the current administration is gonna give a rats ass about "states rights" but I could be wrong. Maybe they will hold a press conference and say something nice that will tide over the kool aid guzzlers for another 9 months. They can remind them, "if you see us doing the same thing we have been doing for decades, just know, those people we raid now are really, really bad, they are gangsters, and they do bad, SCAAARY things, so it's ok."

Sam the Caveman, I understand what you are saying, but this is crazy world, and 99 outta 100 times the local LEO, is right there hand in hand w/ the DEA, many times, when they cannot do anything, they just hand it off to the feds so they can deal w/ it. Sad to say, but it's true.
Good luck out there, I am glad that I am no longer a "medical patient" and just a regular criminal again, as per the law anyway.

CA better be careful too, inviting the fed to come in and regulate MMJ for everyone in the nation, while it's hard to imagine things could actually be any worse, I suspect that if that happens, it just may get worse.
End rant