Found This

[bobandtorey]

The Associated Press May 24, 2010 PORTLAND — Supporters of an initiative to create a system of medical marijuana dispensaries in Oregon have submitted petitions with more than 110,000 signatures in hopes of getting on the ballot this fall.

 

The Coalition for Patients' Rights was able to gather the signatures before an early submission deadline, requiring the state Elections Division to immediately determine whether there are enough valid signatures to meet the minimum of about 83,000 needed to qualify.

 

In addition to dispensaries, the initiative would also create a system of regulated medical marijuana producers.

 

Voters defeated a measure to create dispensaries in 2004 but supporters say they believe opposition has declined.

 

They say the proposed initiative would also improve the existing Oregon Medical Marijuana Act, approved in 1998 to establish quality control for patients now required to grow their own marijuana or designate a caregiver.

 

"When we drafted the original Oregon Medical Marijuana Act, we didn't include provisions for dispensaries because federal law prohibited that," said John Sajo, executive director of the Voter Power Foundation, which organized the petition drive.

 

"Now that the Obama administration has indicated that they will allow states to regulate medical marijuana, Oregon needs to create a regulated system so every patient can access quality controlled medicine," Sajo said.

 

One of the leading opponents of the initiative, former state lawmaker Kevin Mannix, said the number of signatures likely would ensure it qualifies for the ballot but that law enforcement officials will review it carefully.

 

"My gut check is they're breaking faith with the voters," Mannix said. "I'm not saying they have broken faith. But we'll go back to promises that were made when medical marijuana was on the ballot in 1998."

 

Supporters say the initiative will not change the medical conditions needed to qualify as a patient under the 1998 act.

 

But it will allow the Oregon Department of Human Services to conduct research into the safety and effectiveness of medical marijuana.

 

According to state figures, the Oregon Medical Marijuana Program has about 33,000 registered patients.

 

http://voterpower.org/

 

 

 

[bobandtorey]

this is just other state that is trying to stop people from getting their Meds

 

http://imgurl=http//4.bp.blogspot.com/_U7w6HSykvPE/SrLmy1Vs4mI/AAAAAAAAAJg/wJvWgNtWz-0/s400/3915585060_a9223145e1.jpg&imgrefurl=http://goodsensepolitics.blogspot.com/2009/09/compare-garbage-after-tea-party-vs.html&usg=__oZxEalctxG3MktTDjnLBMyFufGQ=&h=400&w=266&sz=26&hl=en&start=6&um=1&itbs=1&tbnid=09Xe98YEB1HNdM:&tbnh=124&tbnw=82&prev=/images%3Fq%3Dtrash%2Bafter%2BTea%2BParty%26um%3D1%26hl%3Den%26safe%3Dactive%26tbs%3Disch:1

 

 

[bobandtorey]

this is just other state that is trying to stop people from getting their Meds

 

http://imgurl=http//...%26tbs%3Disch:1

 

 

 

 

not sure what happen here i will try again to fix the link

[bobandtorey]

i see paper work don't work here eatherhttp://www.bangordailynews.com/detail/147489.html

[bobandtorey]

i see paper work don't work here eatherhttp://www.bangordailynews.com/detail/147489.html

 

 

http://www.bangordailynews.com/detail/147489.html

[peanutbutter]

Hey!! You got it!!

 

congrats!

[bobandtorey]

HELENA - An interim legislative subcommittee tentatively agreed Thursday on some proposals to restrict Montana's fast-growing medical marijuana industry.

 

The Medical Marijuana Subcommittee spent the day informally voting on various proposals that will be incorporated in draft legislation to be considered by the Legislature's Children, Families, Health and Human Services Interim Committee on Aug. 23-24. The 2011 Legislature ultimately will decide on the issue.

 

Afterward, the chairwoman, Rep. Diane Sands, D-Missoula, said she believed two of the subcommittee's actions were especially significant - the call for a new dispensary system and restrictions to prevent physicians being financially involved with medical marijuana caregivers or dispensaries.

 

The committee voted to recommend that Montana become a "dispensary system" through which people with medical marijuana cards could buy marijuana through dispensaries, or stores, that are designated as their caregivers. Legislators voted to use the recently enacted Colorado law as their model.

 

Colorado, Maine, New Mexico and Rhode Island recently adopted dispensary systems that require all principal officers, board members, managers and employees to undergo background checks and be licensed by the state, according to a report by legislative researcher Sue O'Connell.

 

***

 

Under the proposal, the state would be allowed to inspect the facilities or any growing operations and examine sales records. The panel tentatively approved having dispensaries regulated by the state Revenue Department as the state agency does with establishments that sell alcoholic beverages.

 

As of June, nearly 20,000 Montanans had medical marijuana cards, with the number soaring since last fall after the U.S. Justice Department directed law enforcement agents not to arrest medical marijuana users and suppliers as long as they follow state laws.

 

Sands said one provider predicted that number could escalate to 50,000 Montanans by the time the Legislature convenes in January. She raised the specter that 100,000 people, more than 10 percent of the Montana population, might qualify for medical marijuana cards if they claim "severe chronic pain," one of the criteria needed to obtain the card.

 

Rep. Penny Morgan, R-Billings, noted that a staff report showed that 2 percent of Montana's population has medical marijuana cards, compared with 0.13 percent in Alaska, 0.62 percent in Colorado, 0.95 percent in Oregon and 0.03 percent in California.

 

"Why it is that people in Montana are so disabled that they need this so much?" she asked. "In my opinion, there are a lot of people getting cards who shouldn't have them. This is not normal with the rest of the country."

 

The subcommittee would still allow for caregivers, to be called providers, who grow or buy marijuana. They would be able to sell it to an as yet undermined number of patients.

 

Sen. Rick Laible, R-Victor, proposed limiting one caregiver to five patients, but later dropped the idea. The panel voiced support for some sort of a tiered system for caregivers, such as limiting a caregiver to three and fewer patients, from three to five patients and so on, with stiffer regulation the more patients a caregiver saw, but it didn't settle on a number yet.

 

Laible supported the dispensary system idea, saying: "We won't need as many caregivers except for people who are disabled."

 

Some caregivers in the audience testified they wouldn't be able to survive financially if they could serve only five patients and would have to get additional jobs.

 

"If you limit caregivers to five patients, you will have more caregivers, not less," said Valerie Sigler. "This (growing marijuana) is not an easy thing to do. It takes quite an investment. It takes time. It's a full-time job."

 

Rick Rosio, owner of Montana Pain Management of Missoula, opposed limiting the number of patients for caregivers. He said his business now provides marijuana to 100 patients a day, day in and day out, all across the state.

 

"To impose a five-patient limit will kill almost every operation in the state," said Chris Lindsay.

 

***

 

Another key change recommended by the panel would prohibit a doctor from being paid or soliciting pay from caregivers and dispensaries. It also would be illegal for a physician from holding an economic interest in a business if that doctor certifies the "debilitating medical condition" that allows a patient to participate in a medical marijuana program.

 

Sands said statistics show that many physicians have authorized medical marijuana cards for a small number of patients. However, she said there are a handful of doctors who have approved medical marijuana cards for many, many people.

 

Imposing these financial restrictions on physicians should stop this practice, she said.

 

Afterward, Bill Boast, a Kalispell caregiver, said he would probably oppose the bill as written for a number of reasons.

 

"They don't limit a pharmacy as they have my clients," he said. "Wal-Mart can sell Oxycontin to as many people (with prescriptions) as they want."

http://missoulian.com/news/local/article_510f9612-a688-11df-bbe3-001cc4c002e0.html

 

 

 

[TajMahal]

THE SUPREME COURT HAS RULED THAT YOU'RE ALLOWED TO INGEST ANY DRUG, ESPECIALLY IF YOU'RE AN ADDICT

 

In the early 1920s, Dr. Linder was convicted of selling one morphine tablet and three cocaine

tablets to a patient who was addicted to narcotics. The Supreme Court overturned the

con-viction, declaring that providing an addicted patient with a fairly small amount of drugs is an

acceptable medical practice "when designed temporarily to alleviate an addict's pains." (Linder v.

United States.)

In 1962, the Court heard the case of a man who had been sent to the clink under a California

state law that made being an addict a criminal offense. Once again, the verdict was tossed out,

with the Supremes saying that punishing an addict for being an addict is cruel and unusual and,

thus, unconstitutional. (Robinson v. California.)

 

Six years later, the Supreme Court reaffirmed these principles in Powell v. Texas. A man who

was arrested for being drunk in public said that, because he was an alcoholic, he couldn't help it.

He invoked the Robinson decision as precedent. The Court upheld his conviction because It had

been based on an action (being wasted in public), not on the general condition of his addiction to

booze. Justice White supported this decision, yet for different reasons than the others. In his

concurring opinion, he expanded Robinson:

If it cannot be a crime to have an irresistible compulsion to use narcotics,... I do not see how

it can constitutionally be a crime to yield to such a compulsion. Punishing an addict for

using drugs convicts for addiction under a different name. Distinguishing between the two

crimes is like forbidding criminal conviction for being sick with flu or epilepsy, but

permitting punishment for running a fever or having a convulsion. Unless Robinson is to be

abandoned, the use of narcotics by an addict must be beyond the reach of the criminal law.

Similarly, the chronic alcoholic with an irresistible urge to consume alcohol should not be

punishable for drinking or for being drunk.

Commenting on these cases, Superior Court Judge James R Gray, an outspoken critic of drug

prohibition, has recently written:

What difference is there between alcohol and any other dangerous and sometimes addictive

drug? The primary difference is that one is legal while the others are not. And the US

Supreme Court has said as much on at least two occasions, finding both in 1925 and 1962

that to punish a person for the disease of drug addiction violated the Constitution's

prohibition on cruel and unusual punishment. If that is true, why do we continue to

prosecute addicted people for taking these drugs, when it would be unconstitutional to

prosecute them for their addiction?

Judge Gray gets right to the heart of the matter: "In effect, this 'forgotten precedent' says that >ni!

can only be constitutionally punishable for one's conduct, such as assaults, burglary, and driving

under the influence, and not simply for what one puts into one's own body."

 

If only the Supreme Court and the rest of the justice/law-enforcement complex would apply

these decisions, we'd be living in a saner society.

[Guest Wayne]

Not in the best interest of the corporations governing our lives. They aren't going to give the government back easily either. You are now a citizen of the Incorporated States of America. Blackwater, a privately incorporated army subsidized by you, the citizen's of the ISA, to protect YOUR vital interests. Can't invoke an armed services draft without risking a citizen's coup? Hire it done!

[bobandtorey]

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Medical Marijuana Rally Aims To Define Laws

 

Several Dispensaries Raided Last Week

<P itxtvisited="1">POSTED: 4:11 pm PDT September 14, 2010UPDATED: 4:20 pm PDT September 14, 2010

 

LAS VEGAS -- Medical marijuana advocates are planning to rally next month to push Nevada lawmakers to clearly define state law regarding dispensing the herb. The rally will coincide with President Barack Obama's visit to Las Vegas.

 

Several medical marijuana dispensaries were raided last week by federal agents.

 

“We just need some clarity to comply with," said Eric Kinsler, a medical marijuana consultant. "We have a medical marijuana law that makes no sense right now. You can use it, but you can’t obtain it. The state is saying people in crippling pain, patients with other serious medical issues, that they should seek out street-level drug dealers. What kind of system is that?”

 

Supporters are scheduled to rally from 11 a.m. to 5 p.m. on Oct. 22 at Bonanza High School.

 

http://www.fox5vegas.com/news/25011755/detail.html

 

[bobandtorey]

http://thecrimereport.org/2010/09/22/police-in-medical-marijuana-states-want-more-info-on-legal-users/

 

 

Police In Medical Marijuana States Want More Info On Legal Users

Wednesday, September 22nd, 2010 4:05 amPolice in New Mexico showed up at a suspect’s door, ready to make a bust, only to discover he was a patient under the state’s medical cannabis program, says the Associated Press. It was the first inkling that officers had about legal pot in the area. Law enforcement agencies in New Mexico and other states with privacy provisions in medical marijuana laws worry that such situations drain their resources unnecessarily and could have a different ending in which someone gets hurt.

 

Boulder, Co., police have complained about their state’s grower confidentiality provisions, saying officers spent considerable time investigating operations that turned out to have pot legally. Providence, R.I., police secretly monitored a suspected dealer, only to find out he was allowed to have marijuana, too. New Mexico police say the state Department of Health, which runs the state’s program, should make it easier for them to find out who’s licensed to produce medical marijuana in their jurisdiction. New Mexico’s program, which started in 2008, still is in its infancy, with “many, many unanswered issues and questions we are slowly working our way through,” said state Health Secretary Alfredo Vigil. “The relationship with law enforcement is one of those.”

 

 

[bobandtorey]

http://www.kndo.com/Global/story.asp?S=13194879

[bobandtorey]

Big guns called in for pot probe

 

link

http://www.gazette.com/articles/marijuana-105263-plane-april.html

[bobandtorey]

Herald, a Big Island newspaper, information on 4,200 medical marijuana patients inducing names and addresses. They claimed it was an accident but put in context of the other action we have seen that claim is rightly questioned in the outing of the medical patients.

 

 

http://hawaiinewsdaily.com/2010/11/26/why-is-hawaii-county-arresting-medical-marijuana-patients/

[peanutbutter]

Herald, a Big Island newspaper, information on 4,200 medical marijuana patients inducing names and addresses. They claimed it was an accident but put in context of the other action we have seen that claim is rightly questioned in the outing of the medical patients.

 

 

http://hawaiinewsdaily.com/2010/11/26/why-is-hawaii-county-arresting-medical-marijuana-patients/

 

Thanks Bob:

 

In June of 2000, Hawaii passed SB 862 HD1, which made Hawaii the first state whose legislature, as opposed to voter initiative, legalized marijuana for medical use.

In Hawaii once a patient has been issued a valid registry identification card, they are suppose to be legally permitted to grow, posses, transport, and use marijuana for medical purposes. Patients, as well as primary caregivers, are led to believe they have a right to an affirmative defense to criminal prosecution under the state’s marijuana laws.

However in Hawaii county patients complying with the law as written and possessing the state issued “blue cards” are regularly being arresting and prosecuted for as little as 1 gram of marijuana.

The reason patients register is they want to comply and be legal they certainly do not expect to be arrested, but the exact opposite has occurred.

Hawaii county has over 5000 legal medical marijuana card holders. Many of those medical patients in Hawaii county with valid cards and within the legal limits have not only been arrested, and prosecuted, but convicted for promotion of a detrimental drug. In essence the state entrapped them by issuing the license with a copy of the rules and law. The state then denied them the affirmative defense they were led to believe they would get and they were convicted of a drug crime the same as any other person that is caught with marijuana.

Most are arrested for transporting the marijuana and the judges in Hawaii county have upheld that as not covered by the law and have denied them their right to an affirmative defense as allowed by the state law. In my opinion the county police, prosecutor, and judges are not following the state law. Instead trying to inflate their drug arrest statistics and intimidate anyone who has gotten their blue card.

Here is the link to the NED site and what they tell these patients that are being prosecuted by Jay Kimura in Hawaii county

 

http://hawaii.gov/psd/law-enforcement/narcotics-enforcement/Patient%20Information%20for%20the%20authorized%20medical%20use%20of%20Marijuana%20with%20Q%20-%20A%2010-21-09.pdf

 

Q) Where Can I Obtain Medical Marijuana?

State law is silent on how a patient obtains his / her marijuana. The State does not

authorize marijuana buyers clubs or recognize any legal source for marijuana to be

utilized for medicinal purposes. The Hawaii’s law states, however, that the “acquisition,

possession, cultivation, use, distribution (defined as only the transfer of marijuana and

paraphernalia from the primary caregiver to the qualifying patient), or transportation of

marijuana” for medicinal use is specifically protected

 

Q) What Should a Patient Do If Stopped by the Police and Accused of Possession of

Marijuana?

Politely show the officer your medical use of marijuana patient registry card. They may

then contact the Narcotics Enforcement Division to verify your registration and let you

go on your way.

Instead they are being arrested and convicted.

This is finally being challenged in court in a number of cases. Peaceful Sky Alliance, Americans for Safe Access, and Friends for Justice are working to identify patients that have been arrested and trying to help them with information and support. To date most have ended up pleading guilty or no contest because of the cost and threat of consequences for challenging the charges. The state issues them the license with guidelines that specifically allow for transport, but then the county of Hawaii arrest and prosecutes them anyway. While Hawaii county judges deny them their right to an affirmative defense as outlined in the state’s law.

Additionally, physicians are protected against any kind of punishment for advising a patient about medical marijuana or providing a patient with a signed statement allowing them to be included in the state’s medical marijuana registry.

There have been a number of bills to reform Hawaii’s laws that have passed in recent years only to be vetoed by Governor Lingle after Hawaii county police and prosecutors teamed with other departments to actively lobby against any reform at all.

With the new administration of Neil Abercrombie we may finally after 10 years see some relief and reform to Hawaii’s laws. There are a number of groups and individuals working on a variety of new legislation for the next legislative session.

ASA provides information on Hawaii’s medical marijuana law here.

 

http://www.safeaccessnow.org/article.php?id=2036

 

Currently the Hawaii state medical marijuana law does not provide any method for patients to receive medical marijuana. There is no place in the State of Hawaii to legally purchase medical marijuana. Qualified medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana.

 

Patients or their caregivers are allowed to grow medical marijuana only for the patient’s private use, but makes no provisions for a supply or source.

 

Under the law, the physician must work with the Narcotics Enforcement Division, which oversees the medical marijuana program. Unlike most other states, Hawaii’s medical marijuana program falls under the state Department of Public Safety—the people who run law enforcement, prisons and jails—not the state Department of Health.

The states program is headed by Keith Kamita of the NED under the Deapartment of Public Safety. He at times travels around the state of Hawaii doing a presentation that list the doctors who issue medical marijuana in order of number of recommendations in a further attempt to intimidate them IMO.

The Narcotics Enforcement Division takes an adversarial view of a program it administers. Its control of the program has been scary for both patients and physicians.

Keith Kamita, the chief of the NED has been quoted publicly as saying “We didn’t ask for it,” . Kamita has become the face of the law enforcement’s side of the program

Many physicians do not participate, for fear of legal repercussions., thus the ones that do tend to have a great many patients.

While the NED administers the medical marijuana program, enforcement also falls to HPD. It, too, polices a program it doesn’t think should be legal. “HPD is against the legalization, decriminalization and medicinal use of marijuana,” said Maj. Susan Dowsett, who heads the Honolulu Police Department Narcotics/Vice Division when she was interviewed on the subject.

HPD doesn’t receive funding to enforce the medical cannabis program, but it does get $100,000 to $250,000 annually for marijuana enforcement and eradication.

Dr. Charles Webb, A physician from the Big Island who participated in the Medical Cannabis Working Group, and helped draft the HMA rescheduling resolution. Recently was quoted saying “I never saw a hospitalization from marijuana.” Dr.Webb, who was an emergency room physician for more than 30 years also said “The most dangerous thing [about marijuana] is being arrested.”

To further intimidate patients in June 2008, the NED sent the Hawaii-Tribune Herald, a Big Island newspaper, information on 4,200 medical marijuana patients inducing names and addresses. They claimed it was an accident but put in context of the other action we have seen that claim is rightly questioned in the outing of the medical patients.

Dr Baiko another Big Island doctor wrote a letter published by Peaceful Sky Alliance. Here are some exerts.

N.E.D. Officer Keith Kamita is apparently giving public presentations in which he questions the motivations and integrity of patients who use medical cannabis and the physicians who certify their eligibility to do so. This news is consistent to my personal dealings with Mr. Kamita, who has expressed to me his suspicions that physicians are certifying patients that are not truly qualified by the law, at least as far as the law “originally intended”. He implied that he would be scrutinizing the medical cannabis card applications we submit and stated that it would be a “good idea” for us physicians to elaborate on our patient’s condition in the “comments” section of the “Physician’s certification” (Page 3 of application). He actually stated that he hopes to avoid pursuing RICO charges against physicians.

 

(http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act)

Mr. Kamita’s presentation confirms that he is collecting data to build cases against physicians (and perhaps patients too.) No wonder he wants us cannabinoid friendly physicians to elaborate on our patient’s conditions. He is looking for diagnostic patterns in our certifications to argue that we are breaking the law repeatedly. However, Mr. Kamita is neither professionally nor intellectually qualified to analyze our diagnoses or judge us or our patients based on any medical information submitted to the N.E.D. or otherwise. He’s a police officer.

I find it disturbing that his presentation singles out physicians who certify medical cannabis patients. It would be telling to know whether he makes such presentations citing which physicians prescribe the most Oxycontin or Hydrocodone in the state, publicly questioning their professional integrity. The N.E.D. is certainly privy to such information along with the birth date information required with prescriptions for controlled substances. But state law (HRS 329: Uniform Controlled Substance Act) does not require diagnostic justification in such prescriptions. In fact, no where in HRS 329 does it state that physicians are required to provide diagnostic justification (i.e. “for pain” or “for AIDS”, etc.) for providing written certification for the use of medical marijuana for qualifying patients.

See more here

 

http://www.420magazine.com/forums/international-cannabis-news/132347-hawaiis-medical-marijuana-program.html

 

Sen. Will Espero established the Medical Cannabis Working Group after Gov. Linda Lingle refused to convene a medical marijuana task force, even though it had been approved by the Legislature. The group released a report in February detailing statewide program recommendations. Last legislative session, about 20 bills were introduced to expand the program—none passed.

Here in Hawaii, there were other bills relating to Medical Marijuana considered by the state legislature last session.

 

You can see them here.

 

http://mauinow.com/2010/03/18/maui-police-host-medical-marijuana-summit/

 

In the mean time Hawaii county along with the state continue to intimidate even arrest and prosecute those least able to defend themselves medical marijuana patients. Using intimidation to try and prevent most people from actually applying for a license then harassing, arresting and prosecuting those that do. And its getting worse as we saw recently.

According to an August 20 report in the Hawaii Tribune Herald,

Hawaii NED chief Keith Kamita told the Tribune-Herald that 59 residences on the Big Island were investigated for medical marijuana permits.

The police were actually landing helicopters in peoples yards that had no marijuana without permission or search warrants to go check people that registered as patients. If that is not a violation of the law what is.

It was confirmed that local police were involved in the raids, in possible violation of Hawaii County’s Lowest Police Priority Law, making 24 plants and 24 ounces the lowest priority offense on the Big Island.

The confiscation of “excess marijuana” in combination with no arrests might lead a casual observer to question whether state narcotics police may be testing the Ballot One law. ”

There is no patient doctor confidentiality under the current law. The program needs to be moved to the state department of health where it belongs.

Here are some links to another patients story of police abuse and theft from him in Hawaii county. This officer was not prosecuted but patients are routinely prosecuted while in full compliance.

 

http://www.bigislandchronicle.com/?p=15268

 

http://www.bigislandchronicle.com/?p=15434

[peanutbutter]

This is what happens when law enforcement is placed in charge of patient licensing information.

 

Patient applications become viewed as leads in criminal investigations.

[bobandtorey]

i knew you would like to see this about the news paper printing the names of MMJ people

[peanutbutter]

i knew you would like to see this about the news paper printing the names of MMJ people

 

When leo is in charge of confidentiality, it becomes toilet paper.

[bobandtorey]

PROVIDENCE — Former state Democratic Party chairman and congressional candidate William J. Lynch and Pawtucket’s recently retired police chief are among a group of public figures who want to open the state’s first compassion center to sell medical marijuana with a plan to grow cannabis in an ornate downtown Pawtucket building that formerly housed an exclusive old-time men’s club.

 

read more

 

http://www.projo.com/news/content/MORE_MARIJUANA_01-18-11_QTM0VT8_v24.3495f6.html