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Massachusetts Democrat Barney Frank, along with over a dozen cosponsors, reintroduced legislation in Congress today to strengthen legal protections for state-authorized medical marijuana patients.

The bill, entitled the Medical Marijuana Patient Protection Act of 2009, seeks to amend the discrepancy between federal law and the laws of over a dozen states that have enacted regulations governing the therapeutic use of cannabis.

Thirteen states – Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, New Mexico, Nevada, Oregon, Rhode Island, Vermont and Washington – have enacted laws prohibiting medical marijuana patients from state prosecution.  Passage of the the Medical Marijuana Patient Protection Act would ensure that medical cannabis patients or providers who are compliant with state law, such as Charles Lynch (who was sentenced today in federal court), would no longer have to fear arrest or prosecution from federal law enforcement agencies.

Previous versions of the Medical Marijuana Patient Protection Act were introduced in both the 108th and 109th Congress, but failed to receive a public hearing or a committee vote.

While campaigning for the presidency, Barack Obama promised not to use Justice Department resources “to try and circumvent state (medical marijuana) laws” — a pledge that has been repeated in recent months by US Attorney General Eric Holder.  Nevertheless, agents from the US Drug Enforcement Administration have continued to target medical marijuana providers in states that allow for the drug’s use, and federal prosecutors have continued to bring federal anti-drug charges against defendants who were acting in accordance with their state’s cannabis laws.

To support the Medical Marijuana Patient Protection Act of 2009, please log on to NORML’s Take Action Center here.

(LA Times) The owner of a Morro Bay pot dispensary who emerged as a key figure in the national debate over medical marijuana was sentenced to one year and one day in prison today by a federal judge in Los Angeles.

Charles Lynch, 47, dressed in a dark suit, sat with his hands clasped and stared straight ahead as the sentence was imposed by U.S. District Court Judge George H. Wu. Lynch declined the opportunity to address the court moments earlier. His mother, seated in the courtroom gallery nearby, fought back tears as Wu said he saw no way around imposing a sentence of at least one year.

Lynch’s case made headlines nationwide and came to symbolize the tension between conflicting state and federal marijuana laws. Cultivating, using and selling doctor-recommended marijuana is allowed under some circumstances in California and about a dozen other states, but such activities are banned entirely under federal law.

Lynch was prosecuted for illegally distributing marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay’s mayor, city attorney and other civic leaders.

The Obama Administration had signaled that it will not seek prosecutions and raids against medical marijuana dispensary owners who are acting in accordance with state laws.  Charles Lynch couldn’t have followed state laws more scrupulously, but that is a moot point in the federal courthouse, where defendants cannot even mention the medical nature of their legal state-approved business.

This case highlights the need to pass Rep. Barney Franks’ Medical Marijuana Protection Act of 2009, to be introduced later today.  The bill would protect providers and patients in the thirteen medical marijuana states from harassment and prosecution by federal authorities (more on that bill later today).

In the meantime, we can appeal to the man who can bring us some Change We Can Believe In, President Obama, who in the stroke of a pen can commute Charles Lynch’s sentence just as easily as former President Bush commuted former VP Chief of Staff Scooter Libby’s sentence in the CIA agent-outing Valerie Plame case.  Mr. Lynch would remain convicted and retain a criminal record, but he would be spared of any prison time.  Or President Obama could do the truly honorable thing and pardon Mr. Lynch just as easily as former President Ford pardoned former President Nixon, absolving him of any conviction or prison time.

The Change we’d like to see is our Federal Government respecting the will of the people in thirteen states regarding medical use of marijuana and our President living up to his campaign promises to focus his Justice Department resources on more urgent matters.

Call President Obama at 202-456-1111.
Tell him to commute the sentence of
Charles Lynch or pardon him outright!

Statewide efforts to enact medical marijuana law reform still remain in play in nearly a dozen states.

Here are some highlights and ways that you can help.

New Jersey: Last Thursday, members of the state assembly Health and Senior Services Committee substituted, then approved, Assembly Bill 804: the New Jersey Compassionate Use Medical Marijuana Act. The bill will now go before the full Assembly.

However, as substituted by the Committee, neither qualified patients nor their caregivers would be authorized to grow cannabis medicinally under the law. Instead, patients will be required to obtain their medicine from yet to be established ‘nonprofit Alternative Treatment Centers.’ (Read all of the changes made to the measure here.)

A less restrictive version of this proposal, Senate Bill 119, was approved by the Senate in February. If the Assembly ultimately approves A 804, members of the Senate would have to approve the Assembly’s changes.

Further information about this effort, visit the Coalition for Medical Marijuana – New Jersey or go here.

New York: Legislation (Assembly Bill 7542) to exempt qualified medical cannabis patients from state arrest and prosecution continues to move through the state Assembly. So far, members of the Committees on Health, Codes, and Ways and Means have all signed off on the proposal, which is now before the Assembly Committee on Rules. A companion bill, Senate Bill 4041-A, remains pending before the Senate Committee on Codes. If you live in New York, you can contact your elected officials and urge them to support this effort by going here or here.

Delaware: Last week, members of the Senate Health & Social Services Committee approved Senate Bill 94, an act that seeks to allow for the use of medical cannabis by state-authorized patients. The full Senate is expected to take action on the measure in the coming weeks. If you live in Delaware, please urge your state Senator to move expeditiously on SB 94 by going here.

Illinois: House lawmakers adjourned last week without taking a floor vote on Senate Bill 1381, the Compassionate Use of Medical Cannabis Pilot Program Act. However, this does not mean that SB 1382 is dead! House members may call the bill for a floor vote later this fall. If not, the bill will carry over to January 2010, where lawmakers will once again take up the measure. To get involved in this effort, please visit Illinois NORML or go here.

New Hampshire: If you live in New Hampshire and you have not yet contacted Governor John Lynch and urged him to protect patients who use marijuana medicinally, you can do so by going here or here. Gov. Lynch is the only hurdle that stands in the way of patients and their medicine in the Granite state, so make your voice heard now.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s Take Action page here.

Analysis by Richard Cowan

Even though California’s Governor Arnold Schwarzenegger has joined the calls for a debate on marijuana prohibition itself, there is still a lot of confusion about the legal status of the supposedly less controversial topic of “medical marijuana”. 

On April 2nd the Associated Press reported that Los Angeles Police Chief William Bratton “called on the City Council to speed up the drafting of stricter regulations on medical marijuana clinics, calling current state law ‘Looney Tunes’.” (Oddly, the story was reported on the San Jose Mercury-News website, but the LA Times only covered it in a blog.)

Bratton was right, but for the wrong reasons. He claimed, “They pass a law, then they have no regulations as to how to enforce the darn thing and, as a result, we have hundreds of these locations selling drugs to every Tom, Dick and Harry.”

First, if the dispensaries are selling any “drug” other than cannabis, the police do not need any action by the LA City Counsel to raid them. Find any of them selling hard drugs, and the medical cannabis community will support closing down the offenders.

That is not a rhetorical point. It is important to note that one justification for the dispensary system is that it keeps medical cannabis users from having to go to “street dealers” in order to get their medicine. However, in the broader context of cannabis prohibition in general, the California medical marijuana dispensary system does the same thing that the Dutch cannabis “coffee shop” system has been doing for decades. The Dutch call it the “separation of the markets for soft and hard drugs.” One consequence of this “separation of the markets” is that the Dutch have a much lower use of hard drugs, especially heroin, among young people than does the US.

Inasmuch as marijuana has always been much more readily available to young people than to sick and dying older people, would Chief Bratton really prefer that young people get their marijuana from “street dealers” – who may also sell hard drugs? See T’was Another Great Victory. Teen Marijuana Use Down; Oxy Use Up. Teen Cigarette Use Went Down More Than Teen Marijuana Use.

Second, the dispensaries are not selling to just anyone. They require a special form of identification that establishes the fact that a doctor has approved of the patient’s use of cannabis. (That is all that is required by state law, and – critically – all that is allowed by Federal law.)

“Street dealers” do not require any identification, and most teens say it is easier to get marijuana (on the street) than it is to get alcohol from licensed stores.

Full Story

Marijuana chemical may slow multiple sclerosis
via insciences.org

Armed with a $1.5 million National Institutes of Health grant, Temple researchers are studying more effective ways to treat multiple sclerosis. And their research utilizes synthetic cannabinoids based on chemicals derived from the marijuana plant.

… Using a compound (O-1996) synthesized by scientists at the Medical College of Virginia and the company Organix, Tuma and Ganea performed animal studies and found that the synthesized chemical affected cannabinoid receptors present primarily on immune cells.

… “This is a totally new approach to treating this disease, “says Adler, director emeritus and senior advisor for CSAR and Laura H. Carnell professor of pharmacology research. “These cannabinoids hold enormous potential, and that’s encouraging since we’re limited in options when it comes to preventing or reversing MS.”

Okay, follow along with me if you can.

The U.S. National Institutes of Health appropriates over one million dollars to fund medical research — not to investigate the therapeutic effects of natural cannabinoids (bad!), but rather to investigate the therapeutic effects of synthetic chemicals (good!) that are designed to mimic the effects of natural cannabinoids.

Equally ironically, the research is taking place at Temple University in Pennsylvania — where any use of natural cannabis (bad!) as a medicine is criminally illegal, but where research into the use  faux cannabis (good!) is embraced.

Makes sense, right? Well about as much sense as the federal government claiming that pot (bad!) has no medical utility while simultaneously patenting certain natural occurring chemicals in the plant — those that the Feds hope to one day profit from (good!) — as, you guessed it, a medicine.

Any questions?