COLORADO: Last week the Commission on Criminal and Juvenile Justice recommended legislators to substantially reduce marijuana penalties so that the possession of up to four ounces of pot would classified as a petty offense. Offenses involving greater amounts of cannabis (up to 16 ounces) would be reduced to a misdemeanor. State Attorney General John Suthers told the Denver Post that he supports the Commission’s recommendations which, if enacted, would make Colorado’s pot possession laws among the most lenient in the nation.

RHODE ISLAND: A special nine-member Senate panel met for the first time this week to debate revising the state’s criminal marijuana policies. The panel’s chair, Democrat Sen. Joshua Miller, said that the task-force will primarily focus on the subject of decriminalization, but that members will also likely debate the merits of taxing a regulating the adult use of cannabis. The panel’s recommendations to the legislature are due on January 10, 2010. In 2009, Rhode Island’s legislature became only the second to approve legislation licensing the establishment of medical cannabis dispensaries.

WISCONSIN: Democrat Gov. Jim Doyle recently announced his support for legislation that seeks to make Wisconsin the fourteenth state to allow for the legal use of medical cannabis. Both the Assembly and the Senate Public Health Committees are scheduled to hear testimony in favor of the legislation, known as the Jacki Rickert Medical Marijuana Act, on Tuesday, December 15, 2009.

WASHINGTON: Incoming Seattle city attorney Peter Holmes announced this week that his office will no longer charge anyone with simple marijuana possession offenses. “We’re not going to bring any more (marijuana possession) charges,” he said. There are other more important, more pressing public safety matters in need of attention with the limited resources we have.” Holmes added that he supports legislation that stalled in 2009 that seeks to depenalize marijuana. Those proposals are expected to be heard by the legislature in 2010.

PENNSYLVANIA: Next month legislators will hold their first hearing — ever — on legalizing the use of medical cannabis. The House Committee on Health and Human Services will hear testimony on HB 1393, The Barry Busch Compassionate Use Medical Marijuana Act of 2009, on Wednesday, December 2, at 11am in Room 140 of the Main Capitol. Contact Philly NORML for further details.

ARKANSAS: Democrat Senator Randy Laverty announced this week that he is considering introducing legislation to lessen or eliminate criminal penalties for marijuana possession offenses. Legislators in several other states, including New Hampshire and Texas, are also expected to debate marijuana legalization proposals in 2010.

CALIFORNIA: In the coming months legislators are expected to hold additional hearings on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to tax and regulate the commercial production and retail sale of cannabis to those age 21 or older. The California Assembly Committee on Public Safety is anticipated to vote on the measure by late January. The vote will mark the first time that California, or the legislature of any state, has voted on the issue of cannabis regulation in over three decades.

By any standard, 2010 will be a historic year for legislative activity regarding marijuana law reform. Will you play a role in bringing common sense marijuana regulations to your community? Get active, get NORML, and be the change you want to see!

California: On Monday, state Assemblyman Tom Ammiano introduced AB 390, The Marijuana Control, Regulation, and Education Act — the first bill ever in legislature to legalize and regulate the commercial production and sale of marijuana in California. You can see local, network, and national media coverage of this effort here, here, and here. If you live in California, please go here to contact your state assemblyman and urge him or her to support AB 390.

New Jersey: Lawmakers took a major step on Monday toward making New Jersey the fourteenth state to legalize the medical use of cannabis. Senators voted 22 to 16 in favor of Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. But this battle is only half over. Members of the New Jersey Assembly must also vote on this issue. If you reside in New Jersey, please take a moment to contact your members of the state assembly and urge them to support companion bill, A804. You can further support this effort by contacting the Coalition for Medical Marijuana – New Jersey or NORML New Jersey.

**Note: Additional information and interviews regarding these breaking events in California and New Jersey are available here on the NORML Daily Audio Stash podcast.

Montana: Ready for even more good news? Senate lawmakers in Montana today voted 28 to 22 in favor of SB 326, which seeks to expand the state’s medical marijuana laws. As introduced, SB 326 (1) Expands the number of qualifying conditions for which marijuana may be legally recommended; (2) Increases the amount of marijuana a patient may legally possess; and (3) Prohibits employers and landlords from discriminating against medicinal marijuana patients solely because of their medical status. NORML thanks all of you who took the time to support this important measure, which now moves to the House for consideration. For more information about this and other statewide marijuana law reform efforts in Montana, please contact Montana Patients and Families United or Montana NORML.

Washington: Finally, last week the Senate Judiciary Committee approved SB 5615, which seeks to reduce the penalty for minor marijuana possession offenses to a civil fine of no more than $100. You can listen to audio from the hearing and vote here. This proposal now goes before the Senate Rules Committee, which must take action on the bill to put it before the full Senate. Tell them to do so by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, and Texas, please visit NORML’s Legislative Action Alerts page here.

Montana: Lawmakers introduced a measure this week to make minor marijuana offenses a civil violation. House Bill 541 would amend state law so that the possession of up to 30 grams of marijuana is reduced from a criminal misdemeanor (punishable by up to six -months in jail) to a $50 fine. The proposal is now before the House Judiciary, which is expected to hear testimony in favor of the bill in March. You can show your support for HB 541 by going here. Similar pot decriminalization proposals are pending in Vermont, Washington, and Hawaii.

Update!!! Update!!! Update!!!  In related Montana news, the Senate is now anticipated to vote on SB 326, and act to expand the state’s medical marijuana program, by the end of this week.  For more information, please contact Montana Patients and Families United here.

Kentucky: Kentucky legislators are trying to misuse the state’s traffic safety laws to target adults who use marijuana responsibly in the privacy of their own home. It’s up to us to stop them. This week, Senators approved SB 5, which seeks to criminalize anyone who operates a motor vehicle with any detectable level of marijuana in their blood. Under the strict interpretation of this standard, responsible marijuana consumers who last used cannabis days earlier could still be potentially arrested and prosecuted for ‘drugged driving’ — even if they are completely sober. NORML recently testified against a similar proposal in New Hampshire, which legislators rightfully dismissed as improper and illogical. Please help us derail SB 5 in Kentucky by contacting the members House Judiciary Committee and urging them to vote ‘no’ on 5.

New Jersey: The Senate is expected to vote on Monday, February 23, on Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. If passed, this measure would make New Jersey the fourteenth state to allow for the physician-supervised use of medicinal cannabis. Governor Jon Corzine backs the measure, as do many of the state’s largest newspapers. Residents in New Jersey are strongly encouraged to write or call their senators now and urge them to vote ‘yes’ on SB 119.

Washington: Members of the Senate Judiciary Committee heard testimony this week in favor of Senate Bill 565 — an act to reclassify the possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction. You can read about the hearing here, and urge the Committee to back the measure by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, Texas, and Virginia, please visit NORML’s Legislative Action Alerts page here.

Connecticut: Legislators introduced a bill this week to decriminalize the personal use of marijuana. Senate Bill 349 would amend Connecticut law so that adults who possess one ounce of marijuana or less will be issued tickets and assessed a nominal fine in lieu of criminal charges (up to one-year in jail, under current law). In the House, lawmakers will consider HB 5175, which seeks to legalize the medical use of cannabis. (The legislature passed a similar measure in 2007, only to have it vetoed by Gov. Jodi Rell.) Both bills are now before the Joint Judiciary Committee. Please show your support for these efforts here.

Montana: Legislators tabled a pair of bills this week pertaining to the state’s medical marijuana patient registry. Members of the Senate Judiciary Committee today killed SB 212, a measure that NORML strongly opposed. However, in the House, members of the Human Services Committee deadlocked on House Bill 73, which would have allowed patients greater access to medical cannabis. A separate, more comprehensive measure to expand Montana’s medical marijuana program is expected to be introduced imminently.

New Hampshire: House Bill 648, an act to legalize the medical use of marijuana, is now before the House Health, Human Services & Elderly Affairs Committee. A similar bill was narrowly rejected (186-177) by the House in 2007. For more information on this measure, please visit NHCompassion.org or click here.

South Dakota: Lawmakers will hold hearings next week on a pair of bills to protect medical marijuana patients from arrest and jail. House Bill 1127, an act “to provide safe legal access to medical marijuana for certain qualified persons,” will be heard by the House Health and Human Services Committee at 7:45am on Tuesday, February 3. The House Judiciary Committee will hear testimony regarding a separate medical marijuana bill on Wednesday. To attend these hearings or to learn more about how you can support these efforts, please visit South Dakota NORML/South Dakotans for Safe Access or go here.

To learn about additional pending legislation in Minnesota, Missouri, New Jersey, Texas, Virginia, and Washington, please visit NORML’s Action Alerts page here.

Washington: A dozen lawmakers introduced legislation (HB 1177) this week to reclassifying (read: decriminalize) the possession of up to forty grams of marijuana to a class 2 civil infraction. Passage of this bill would reduce the penalties on minor marijuana possession offenses from a criminal misdemeanor punishable by up to 90 days in jail and a $500 fine to a monetary penalty of no more than $100. According to data provided by the Washington State Institute for Public Policy, enacting this policy would save state taxpayers over $7.5 million annually. Residents in Washington are strongly encouraged to contact their House members in support of HB 1177 via NORML’s online advocacy system.

Montana: There has been a flurry of legislative activity this week pertaining to the medical use of marijuana. First the good news. House Bill 73, an act to revise the state’s medical marijuana law, has been referred to the House Human Services Committee. If passed, this proposal would benefit Montana patients by expanding the pool of health care providers who may legally recommend marijuana therapy under state law to include physician assistants and nurse practitioners.

Now the bad news. Senate Bill 212, an act to impose a lifetime ban on qualified medical cannabis patients who commit certain driving indiscretions, has been referred to the Senate Judiciary Committee. If passed, this proposal would sanction patients found to be operating a motor vehicle with even trace levels of THC (above 1 ng/ml) in their blood by disqualifying them for life from the state’s medical marijuana program.

Both measures will be heard by legislators next week. It is important that lawmakers hear from you. If you live in Montana, you can show your support HB 73 by going here. You can voice your opposition to SB 212 by going here. For more information on attending next week’s hearings, please contact: info@mtmjpatients.org.

New Jersey: In the coming weeks, the Senate is expected to vote on Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act, which seeks to make New Jersey the fourteenth state to allow for the physician-supervised use of medicinal cannabis. Governor Jon Corzine backs the measure, as do many of the state’s largest newspapers. Residents in New Jersey are strongly encouraged to contact their senators in support of SB 119 via NORML’s online advocacy system.

Missouri: Ten lawmakers have introduced legislation (HB 277) to legalize the medical use of marijuana in Missouri. If passed, this measure would “give medical marijuana patients the same rights as other pharmaceutically medicated individuals.” You can learn more about the measure via NORML’s online advocacy system.

Click here for scanned story: copters.pdf

5-Day Copter Patrols Net 20 Pot Plants?!

Wow and with gas being priced such as it is, along with additional personnel and equipment costs, at what cost to the taxpayers is this folly? And, but of course, like most outdoor eradication efforts, no one was arrested for the cultivated cannabis found by the government’s eyes in the sky. Like me, don’t you want to know the per/plant cost to taxpayers for this kind of ineffective eradication efforts? According to the article the DEA funded the helicopter searches and it is unlikely to replicate this scale operation on the OP in the near future because of the paltry amount of plants eradicated.

By the way, the effort to eradicate cannabis plants growing in the OP was hampered by mountain and sea fog (Can you imagine that on the OP in the early fall?), which is important to note because most years five to six law enforcement personnel unfortunately perish nationwide in ill-fated and totally unnecessary domestic cannabis over flights with fog being cited as a major source of the crashes.

Let’s all work together to turn these anti-cannabis cowboys in the skies into revenue officers whose only job is to account for cannabis plants (and industrial hemp plants) as a source of regulated commerce and tens of billions annually in tax revenues.

In fact, the public and politicians should consider replacing an ineffective DEA with FACT:  Firearm, Alcohol, Cannabis and Tobacco, an updated division of ATF at the US Treasury.

I spoke extensively last week with Willamette Weekly’s James Pipkin and on Monday with ABC’s Marcus Baram about NORML’s monitoring and gathering case examples from around the country where medical patients, notably medical marijuana patients, are being denied organ transplants. Marcus’ and James’ articles continue to cast more needed antiseptic light on this disturbing public health practice of official discrimination against otherwise lawful medical cannabis patients.

Heads up: Additionally, the Willamette Weekly has exposed the tragedy that confronts medical patients in Oregon — that no hospital in the state will perform organ transplants on patients who test positive for cannabis, even if they are in compliance with the state’s medical marijuana laws and are in the state’s medical marijuana patient registry.

Like the recent tragedy in Tallahassee regarding the tragic death of 23-year old Rachael Hoffman resulting from her being recruited as a ’snitch’ for the local narcotic officers, the general public and maybe more importantly the general news beat media (AKA, mainstream media) have started to really bore down hard on the human tragedies that arise daily from cannabis prohibition–both in criminal enforcement of the laws, as well as how the prohibition trends upwards into important public institutions, such as in the delivery of medicine to sick, dying or sense-threatened medical patients.

Via our voices, collective consciousness and continued effective uses of employing empowering communication mediums like the Internet (i.e., webpages, podcasts, blogs, online videos and active online social networking), we can advance the long held goal and belief that an informed general public is the best path forward to ending cannabis prohibition may now finally be upon us.

I was heartened to see the Ventura Star editorialize against denying medical marijuana patients access to organ donor banks.

As the saying goes: We are the ones we’ve been waiting for!

Let’s keep the collective pressure on the media, opinion and policy-makers to replace prohibition laws with viable, and common sense-based public policy alternatives.

Thanks to CA NORML’s Dale Gieringer, Ph.D and NLC member/2008 Aspen Legal Seminar faculty Doug Hiatt, Esq. for getting into the ABC news article!
ABC News
Medical Marijuana User Denied Organ Transplant
Jonathan Simchen, Who Has Kidney Failure, Is Latest Example of User Turned Down for Organ Transplants
By MARCUS BARAM

http://www.abcnews.go.com/Health/story?id=4893948&page=1

May 20, 2008 —

When Jonathan Simchen was diagnosed with kidney failure last summer, he did just what the doctor ordered: He applied for a kidney transplant and took his prescribed medicine — medical marijuana.

The marijuana was meant to control his nausea.

Simchen, a 33-year-old diabetic who lives near Seattle, soon found out there was a Catch-22 rolled up in his legalized joints. He was turned down by two organ transplant programs because he uses medical marijuana.

“About two or three months after I got on dialysis, I went to Virginia Mason Hospital and they did a rigorous set of tests of my lungs, brain, circulatory system, a psychological evaluation,” Simchen told ABCNEWS.com.

“[They] took me off the list because they’re afraid of me being a future drug user,” said Simchen, who admits that he has used cocaine. But that was in the past and he even quit using medical marijuana at the hospital’s request.

When Simchen went to the University of Washington Medical Center, he says he was also turned down.

“They made it clear that if you had medical marijuana, they wouldn’t treat me. I just lost hope and got totally frustrated.”

Alisha Mark, a spokeswoman for Virginia Mason, would not discuss details of Simchon’s case because of medical privacy regulations, but said that “any patient who smokes any product — tobacco, cloves, medical marijuana — would be precluded from receiving a transplant here.”

The hospital, which performs 90 to 100 transplants a year, is concerned about medical safety in the evaluation of whether a patient is a suitable candidate for organ transfer, explained Mark.

“So few people are denied access to the waiting list. We’re not here to prevent them from getting on the list,” she said.

A spokeswoman for the University of Washington Medical Center also declined to discuss specifics of Simchon’s case, but said that medical marijuana use is only one of multiple factors, including behavioral concerns such as a history of substance abuse or dependency, examined by their transplant committee.

“We’ve never denied someone based solely on their use of medical marijuana,” said Clare Hagerty.

Simchon, whose lawyer is planning legal action against the transplant centers, could become a test case to challenge criteria of who is eligible to receive one of the life-giving organs.

Doug Hiatt, a criminal defense lawyer, has represented several clients including Timothy Garon, a Seattle musician who died earlier this month after being turned down for a liver transplant.

“Everyone else I’ve repped died on me,” said Hiatt. “This guy [Simchen] is in good enough shape that we can fight it out. & I realize that there is a shortage of organs and that doctors and hospitals have to do the best they can to take care of the organs they have, but it never dawned on me that they would discriminate against someone using marijuana under supervision, not as a street drug.”

There has never been a successful case brought in such cases, according to Dale Geringer, the California director of the National Organization for the Reform of Marijuana Laws. He could recall similar situations going back to 1997.

“The litigation takes months and years and these people have weeks or days,” he said.

Other transplant doctors and bioethicists, including some in states where medical marijuana is against the law, were surprised to hear about the refusals.

Vivian Tellis, the director of the transplant program at Albert Einstein College of Medicine in New York, says that he would never turn somebody down because of a history of marijuana use or abuse. Because medical marijuana is not allowed in New York, most of those cases involve recreational use.

“There is no known contraindication between marijuana and the drugs you have to take after transplant,” Tellis said.

Tellis explains that an addictive personality is of concern “because if you’re high, you don’t take your [post-transplant regimen of] pills.”

Transplant centers tend to be very careful because they survive financially based on the number of successful transplants they do, explains Maxwell J. Mehlman, director of the Law-Medicine Center at Case Western Reserve University.

“They use a screening process to avoid people who might be failures and they look at several factors from drug use to having a support system,” he said.

“It has actually been a source of bioethical controversy because it allows them to reject homeless people and people who live alone. In some cases, it’s a backdoor way of rationing based on social worth and lifestyles.”

Transplant centers insist that their utmost goal is to get organs to people who need them the most and ensuring patient safety.

The United Network of Organ Sharing, which includes 254 U.S. transplant centers, has no policy on the use of drugs or marijuana and leaves it up to their individual members to set reasonable guidelines.

Simchon, who is studying history and anthropology at a community college, is getting help from friends and strangers who are trying to get him into a transplant program.

“I’ve got hope that we can find a center that will put me on the list. I just wish it would happen in Washington, where I live.”

Copyright © 2008 ABC News Internet Ventures