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Cannabis Coalition Unifies State In Opposition To House Bills


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There is still time for them to fix these bills. Whether the black hand will grant his permission I do not know. We have laid it out for them, fix them and we will stand with the house when the senate takes their turn at bat. Send in bad bills and the noise will only get louder.

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They have spent a ton of time on these bills, as have we. To throw them down the toilet when the fix is right in front of their faces would be a shame. There are benefits to our side as well if they are doen fairly. If not, well I guess we are back at the mercy of the courts and that ain't all god either.

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My personal philosophy has been:

 

Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay Delay... Fully Oppose bills and hope they die a quick and painful death.

 

:-)

 

The police and prosecutors are greedy and heartless. They should never be given any weight on the decisions on this law. The law is passed to protect patients from prosecutors and police. It isn't working too well. So that means we need to stifle and arse ream the police and prosecutors ability to come after patients. Not "protect" police. F the police.

 

But unfortunately you have to put that in proper respectable language and present it professionally in a respectable way. :-)

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They have spent a ton of time on these bills, as have we. To throw them down the toilet when the fix is right in front of their faces would be a shame. There are benefits to our side as well if they are doen fairly. If not, well I guess we are back at the mercy of the courts and that ain't all god either.

What is this fix your talking about? I saw nothing proposed that was in the patients interest.

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They have spent a ton of time on these bills, as have we. To throw them down the toilet when the fix is right in front of their faces would be a shame. There are benefits to our side as well if they are doen fairly. If not, well I guess we are back at the mercy of the courts and that ain't all god either.

 

The ONLY advantage in any of these bills is the change to a 2 year registry period, and that is also an effort to get LARA out of the hole. Did I miss something?

 

What is essential is that we also include our insistence that the legislature make clear to the police and the courts that the law as written must be obeyed by those entities, so long as we remain steadfast and the votes to take it down do not appear. We might expect to see retaliation from them if the issue is simply dropped.

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The ONLY advantage in any of these bills is the change to a 2 year registry period, and that is also an effort to get LARA out of the hole. Did I miss something?

 

What is essential is that we also include our insistence that the legislature make clear to the police and the courts that the law as written must be obeyed by those entities, so long as we remain steadfast and the votes to take it down do not appear. We might expect to see retaliation from them if the issue is simply dropped.

 

Possible improvements....

1. 2 year registration

2. Definition of an outdoor grow

3. Ability to use the affirmative defense to the trier of fact (jury)

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The obvious fix to 4834 is to make the registry accessible only by warrant or card#

 

4851 the affirmative defense/trier of fact

 

4856 not accessible to occupant should be changed to operator.

 

I could be missing something but these were the big sticking points. One of the early bills that we wanted a piece of that they would not let us get at was the one dealing with local zoning. They knew we were all over it so they dropped it.

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The obvious fix to 4834 is to make the registry accessible only by warrant or card#

 

4851 the affirmative defense/trier of fact

 

4856 not accessible to occupant should be changed to operator.

 

I could be missing something but these were the big sticking points. One of the early bills that we wanted a piece of that they would not let us get at was the one dealing with local zoning. They knew we were all over it so they dropped it.

 

4856 So you give someone a ride to a Doctor and end up arrested as a operatior if your pulled over and they panic thinking their whole grow will be violated for this rule violation so they toss it on the floor you go to jail and your grow is in violation and everyone is a legal patient allowed to have cannabis on them otherwise ? Great fix to help patients .

 

Reminds me of the driver that was sitting at a red light and was hit from behind pushed into the intersection where he hit another car. He did nothing wrong but under zero tolerance could be assigned fault . Discriminatory justice . If their going to charge people for what might happen why stop at drugs . I have seen someone cross the center line and hit another driver head on then the fault be assigned to the person that was hit on their side of the road .

Edited by Croppled1
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I think SFC was just pointing out the main flaws there. He didn't want to type a novel. Quick overview with incomplete reasons.

 

 

HB 4851-

 

1) Bona fide relationship:Sec. 6(A) subsection(3)- "TO MONITOR THE EFFICACY OF THE USE OF MEDICAL MARIHUANA AS A TREATMENT OF THE PATIENT'S DEBILITATING MEDICAL CONDITION."

That phrase needs to be removed. The physician is merely performing a "consultation" not a "diagnostic" exam. The “recommendation” is protected First Amendment speech stating that in the physicians opinion, the patient may receive palliative benefits. A physician does not personally engage with the patient in the “medical use” of marijuana. This is a simple statement of opinion by a physician.

 

2)Outdoor grows: Sec. 6(d)- "AND ARE NOT VISIBLE FROM AN ADJACENT PROPERTY."

That phrase needs to be changed. You can see a plant through a green house.

 

3) Transporting live plants- Sec. 6(d)-

There needs to be some sort of clause to allow people without drivers licenses or their own vehicle to transport plants.

 

4) Defining a "qualifying patient" and a "patient"(cg as well) as the same: Sec. 6(H)(I)- Under the current law, you must have a “debilitating” condition to get a medical marihuana card, but you may have a debilitating or “serious” medical condition to assert the affirmative defense under § 8. This will eliminate the availability of the affirmative defense for persons with conditions that are “serious” but not “debilitating.”

 

5) Adding "assaultive crimes" to disqualifying offenses: A sunset Clause should be added to allow caregiver status after 10 years as a productive citizen. Spouses and family members should be able to care for their loved ones regardless of felony.

 

6) Affirmative Defense language- Needs to be properly amended. COnstitutional right to present a defense in front of a jury must be fully protected and established.

 

 

HB 4856

 

we all agree it is stupid. AT WORST ... i mean WORST it should say something like this"

 

A) In a case or container not readily accessible by the operator of the vehicle.

b) in the trunk of the vehicle.

 

100% disagree with the restrictions, but at least it would make sense. A misdemeanor is ridiculous.

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I feel that this needs more.

 

I agree. Once the warrant is achieved and it is determined that the suspects are in the MMMP registry, what happens? There is supposed to be a presumption of innocence, but does anything compel law enforcement to call it off, at that point? If it did, I envision a common practice of adding fabricated concerns to the warrant, so that it will not be halted by determining that patients and caregivers are involved. For me, it would take significant changes to begin to make 4834 viable.

 

4851 may be salvageable with the affirmative defense provision included along with some changes , as SFC and Malamute pointed out.

 

The other two 4853 and 4856 are unnecessary and subtly scary, in my opinion.

 

I am happy with the early reports of these bills lacking support in the legislature. We need to stay on it as many others have suggested. It is encouraging to realize that our focused, unified efforts do make a difference.

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The obvious fix to 4834 is to make the registry accessible only by warrant or card#

 

4851 the affirmative defense/trier of fact

 

4856 not accessible to occupant should be changed to operator.

 

I could be missing something but these were the big sticking points. One of the early bills that we wanted a piece of that they would not let us get at was the one dealing with local zoning. They knew we were all over it so they dropped it.

Your first two points I believe are as the current law is. The last one should be eliminated.Why do you want to give leo more loopholes to target patients? Who do you represent? Not Me For Sure!

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Never claimed to represent "you" Wringly. Mal covered much better than I did in my haste. But honestly if you cannot just at least attempt to put it away while your driving I am not shedding many tears for you. We have a great law, but it also should be treated with respect. Why would you even want it out where LEO could either see it or smell it? Are you dying to show your card to the police, I know I am not.

 

Jamie I see your point on 4834 but chances are if they have a warrant there is already a full blown investigation in progress and they are just sealing the deal. Now if just running a card number then yes I do agree there needs to be some checks and balances in place.

Edited by SFC
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