Patients’ Lawsuit Forces Federal Gov’t to Answer 9-Year-Old Medical Marijuana Rescheduling Petition

Washington, DC — Less than two months after patient advocates filed a lawsuit compelling the federal government to answer a 9-year-old petition to reschedule medical marijuana, the Drug Enforcement Administration (DEA) today made official its denial of the petition in the Federal Register. The Coalition for Rescheduling Cannabis (CRC), which includes patient advocacy group Americans for Safe Access (ASA), filed the petition in 2002 seeking to reclassify marijuana from its current status as a dangerous drug with no medical value, but never heard from the federal government until it received the denial.

In its denial of the CRC petition, the government concluded that “marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision,” recommending that marijuana remain in Schedule I. “Although this superficially looks like a defeat for the medical marijuana community,” said Joe Elford, ASA Chief Counsel and lead counsel in the recent lawsuit. “It simply maintains the status quo,” Elford continued. “More importantly, however, we have foiled the government’s strategy of delay and we can now go head-to-head on the merits, that marijuana really does have therapeutic value.” ASA intends to appeal the government’s denial of the petition to the D.C. Circuit as soon as possible.

Notably, the petition denial was sent to legal counsel in the pending lawsuit on June 30th, one day after the Justice Department issued a memorandum to U.S. Attorneys upholding federal threats of criminal prosecution against local and state officials for attempting to pass and implement their own medical marijuana laws. “The federal government is making no bones about its aggressive policy to undermine medical marijuana,” said ASA Executive Director Steph Sherer, “And we’re prepared to take the Obama Administration to court over it.”

The denial also comes the same week as the International Cannabinoid Research Society (ICRS) is holding its 21st annual symposium in St. Charles, Illinois, just outside of Chicago. The symposium is sponsored in part by an array of pharmaceutical companies, the U.S. National Institute on Drug Abuse (NIDA), and ElSohly Laboratories, Inc., the federal government’s only licensed source of research-grade cannabis (marijuana) used in therapeutic studies. Currently, several pharmaceutical companies are asking the government to reschedule organically produced THC, the primary compound found in the marijuana plant, so they can sell a generic version of Marinol®, which is now made synthetically.

“The government cannot have it both ways, marijuana is either a medicine or it’s not.” continued Sherer. “If the government is going to sponsor a conference on medical marijuana, it should show the same deference to the millions of patients across America who simply want access to it.” ASA and its grassroots patient base has been urging President Obama since he took office to develop a comprehensive federal policy that would address medical marijuana as a public health issue.

Over the past few years since the CRC petition was filed, the two largest physician groups in the country — the American Medical Association and the American College of Physicians — both urged the federal government to review marijuana’s status as a Schedule I substance. In addition to new scientific discoveries occurring on a regular basis, numerous polls have shown that medical marijuana has the support of up to 80% of Americans..webmaster@safeaccessnow.org

Seattle Committee Passes Bill to License Cannabis Dispensaries

Thursday, July 14, 2011, at 9:42 am

Photo: Steve Elliott ~alapoet~

​A Seattle City Council panel on Wednesday unanimously passed a measure licensing and regulating medical marijuana dispensaries in the city.

The ordinance now moves to the full City Council for consideration on Monday, July 18, reports Chris Grygiel at the Seattle P.I. But prior to the vote by the Housing, Human Services, Health and Culture Committee, one attorney told the council members that the ordinance won’t stand up in court.

“I want to applaud the City Council for taking a look at this matter … unfortunately I must urge you to reconsider your proposal,” said activist/attorney Douglas Hiatt, who said he represents medical marijuana patients. “Go back to the drawing board. I do not believe there is any way you can pass your ordinance will stand under the law. The state’s controlled substances act pre-empts the field … Marijuana is still illegal … It’s illegal for all purposes, you cannot regulate an illegal business without a specific authority.”

Photo: Douglas Hiatt

Attorney Douglas Hiatt: “If you pass this, I will take you to court and do my very best to knock it out”

​ When Gov. Chris Gregoire line-item vetoed a bill earlier this year which would have allowed medical marijuana dispensaries statewide, she nixed language that would have allowed the Council to pass its own regulations, according to Hiatt.

“If you pass this, I will take you to court and do my very best to knock it out,” Hiatt told the Council.

Earlier this year, the Washington Legislature passed a medical marijuana bill, but Gregoire vetoed most of it, claiming she was worried the law would put state workers at risk of federal prosecution, even though that’s never happened in any medical marijuana state.

Washington has allowed patients with qualifying conditions to use medical marijuana since voters approved it in 1998, but the federal government doesn’t recognize any medicinal use for cannabis. The bill that passed in the Legislature was intended to set clearer regulations on dispensaries, establish a licensing system, and institute a patient registry with arrest protection.

Gregoire vetoed provisions which would have licensed and regulated marijuana dispensaries. She also vetoed the provision which would have created a patient registry under the Department of Health.

Seattle Mayor Mike McGinn, along with the city attorney and King County’s executive and prosecutor had all supported establishing a legal framework for medical marijuana.

The ordinance before the Seattle City Council, sponsored by Councilman Nick Licata, would require medical marijuana dispensaries to get business licenses, pay taxes and fees and meet city land use codes. The shops would also be subject to the city’s Chronic Nuisance Property Law, which means if there were repeated complaints about their activity, they could be fined or shut down.

The “open use and display of cannabis” would be prohibited at the dispensaries.

Not all people testifying before the Council on Wednesday thought the effort was in vain. A University District resident urged the Council to come up with zoning rules so that neighborhoods like his aren’t “overrun” with dispensaries.

To read medical marijuana documents presented to the Council, click here and here.

Medical Marijuana Program Goes Forward In D.C.; Feds Watching

Photo: Medicinal DC

​The District of Columbia passed its first milestone in selecting who gets the much-coveted licenses for the city’s medical marijuana program, even as the federal government is taking a second look at its hands-off approach to those who legally grow and sell cannabis under laws allowing its medicinal use.

More than 80 individuals or businesses applied to cultivate or sell medical marijuana through letters of intent submitted to the Department of Health, reports Tom Howell Jr. at The Washington Times. The applicants range from entrepreneurial lawyers and gardeners in D.C., to medical marijuana professionals based in states like Colorado and Montana.

The city is expected to soon kick off its long-awaited program — put on hold by Congress 11 years ago — in earnest, joining 16 states in legalizing the medicinal use of marijuana for qualified patients.

Photo: The Georgetowner

D.C. Mayor Vincent Gray has approved final regulations for medical marijuana in the District of Columbia.

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Democratic Mayor Vincent S. Gray and other D.C. officials were particularly worried about federal interference in their medical marijuana plans, because the District’s laws are subject to Congressional approval and marijuana is still illegal for any purpose under federal law.

A 2009 memo, issued by U.S. Deputy Attorney General David W. Ogden, reminded federal prosecutors that “no state can authorize violations of federal law” while at the same time advising U.S. Attorneys not to target patients and caregivers acting in compliance “with existing state laws providing for the medical use of marijuana.”

Federal prosecutors for the first two years of the Obama Administration mostly looked the other way in states that had legalized medical marijuana, but a letter from the Department of Justice to U.S. Attorneys across the country last week seemed to signal that law enforcement still plans to go after those who cultivate or sell cannabis, according to a D.C. government source.

The U.S. Attorney for D.C. has not issued any such threatening letters so far, and is “studying the issue to see what input we can provide on the subject,” said Bill Miller, spokesman for U.S. Attorney Ron Machen.

A Congressional rider known as the Barr Amendment had banned D.C. from implementing a medical marijuana program since 1998, when an overwhelming 69 percent of District voters approved legalizing medicinal cannabis there.

The Barr Amendment was finally lifted in 2009, clearing the way for medical marijuana in D.C.

The mayor issued rules in April requiring persons who want to cultivate or sell medical marijuana in the District to send notification by June 17 to the Health Regulation and Licensing Administration, a branch of the city’s health department, ahead of a more formal application.

A host of applicants is vying for the permits for 10 cultivation centers and five dispensaries.

A Freedom Of Information Act request response showed 82 separate applicants for the program, many of them asking for permits to both grow and sell marijuana.

A majority of them — 47 — listed mailing addresses in D.C. in their letters to the health department. Other applicants were from Maryland (18), Virginia (7), New York (3), New Jersey (2), and one each from California, Colorado and Montana.

A few of the out-of-state applicants boasted experience in medical marijuana in states where it is already legal. The health department could not be reached for comment on whether experienced growers and sellers from medical marijuana states would gain preference over applicants originating in D.C.

A panel of five members — one each from the Department of Health, Metropolitan Police Department, Office of the Attorney General, Department of Consumer and Regulatory Affairs, and a consumer or patient advocate — will score each of the eventual applications based on a 250-point scale examining criteria such as security and staffing at facilities, overall business plans and the opinions of local Advisory Neighborhood Commissions.

Beyond community approval, marijuana cultivation centers will be tightly regulated on size, a strict 95-plant limit, staffing, lighting and buffer zones between growing centers and schools.

Applicants must be at least 21 years old and may not have been convicted of any felonies or misdemeanor drug crimes.

How To: Get A Medical Marijuana Card In Washington D.C.

Amendment Act B18-622 was approved in a unanimous vote by the Council of the District of Columbia on May 4,2010; the act, which went into effect on July 27, 2010, removed state-level criminal penalties on the use and possession of medical marijuana by qualifying patients. Eligible patients are required to register with the medical marijuana program to obtain a medical marijuana card. The DC law prohibits home cultivation of cannabis and patients are required to obtain their supplies from DC-monitored dispensaries.

However, there has to date been little progress in the establishment of a medical marijuana program in the District of Columbia and it is unlikely that medical marijuana will be available to eligible patients before 2012. We will, of course, keep you updated.

In the meantime, we summarise the important points below.

Washington DC Medical Marijuana – Eligible medical conditions

• HIV/AIDS
• Glaucoma
• Multiple Sclerosis
• Cancer
• Chronic renal failure

Any other condition, as determined by rulemaking, that is:

• Chronic or long-lasting
• Debilitating
• Interferes with basic functions of life
• Is a serious medical condition for which the use of medical marijuana is beneficial
• Cannot be effectively treated by any ordinary medical or surgical measure
• For which there is scientific evidence that the use of medical marijuana is likely to be significantly less addictive than the ordinary medical treatment for that condition

You may also qualify as a medical marijuana patient if you undergo any of the following treatments:

• Chemotherapy
• The use of azidothymidine or protease inhibitors
• Radiotherapy
• Any other treatment, as determined by rulemaking, whose side effects require treatment through the administration of medical marijuana in the same manner as a qualifying medical condition

Washington DC Medical Marijuana – How to Become a Medical Marijuana Patient (Eventually)

• To qualify as a medical marijuana patient in Washington DC, you must:
• Be a resident of Washington DC
• Have been diagnosed with a qualifying medical condition, or
• Be currently undergoing a qualifying medical treatment
• Obtain legitimate medical records or documentation from your primary care physician describing their diagnosis
• Obtain an authenticated written documentation from a Washington DC licensed physician stating that you might benefit from the use of medical marijuana
• Must have a bona fide relationship with the physician
• Register with the Washington DC medical marijuana program
• Obtain a Medical Marijuana card

Washington DC Medical Marijuana – Access to Marijuana and Allowed Amounts

When the program is finally up and running and you have obtained your card you will be required to purchase your cannabis from a District of Columbia registered dispensary. You will be allowed to possess up to two ounces of dried medical grade marijuana.

How To: Get A Medical Marijuana Card in Washington State

You do not need to carry a medical marijuana card to legally use medical marijuana in the state of Washington. If you are a qualifying patient, all you need is a written recommendation from your health provider.  If you have been told by a clinic that you must purchase a card or permit from them – this is not true.  There are groups or clinics in Washington that may charge a fee for you to see a doctor, but you are not required to visit a certain clinic or join an organization to get a medical marijuana recommendation from a health care provider.

Medical Marijuana Use in Washington State: Qualifying medical conditions

• Cancer
• Human immunodeficiency virus (HIV)
• Multiple sclerosis
• Epilepsy or other seizure disorder
• Spasticity disorders
• Intractable pain, (that is pain unrelieved by standard medical treatments and medications)
• Glaucoma, either acute or chronic (increased intraocular pressure unrelieved by standard treatments and medications)
• Crohn’s disease with debilitating symptoms unrelieved by standard treatments or medications
• Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications
• Diseases, including anorexia, resulting in the following symptoms which are unrelieved by standard treatments or medications:
  • Nausea
  • Vomiting
  • Wasting
  • Appetite loss
  • Cramping
  • Seizures
  • Muscle spasms
  • Spasticity
  • Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery.

Anyone may petition the commission to add a condition to the list. By law, the commission will consult with the Board of Osteopathic Medicine and Surgery. For more information about this process, you may contact the commission at: Medical Quality Assurance Commission, PO Box 47866, Olympia WA 98504-7866

Medical Marijuana Use in Washington State: Authorized Health Care Providers

The following providers may recommend marijuana:

• Medical Doctors (MDs)
• Physician Assistants (PAs)
• Osteopathic Physicians (DOs)
• Osteopathic Physician Assistants (OA)
• Naturopathic Physicians (ND)
• Advanced Registered Nurse Practitioners (ARNPs)

Health care providers licensed in another state may not recommend marijuana; the law says the health care provider must be licensed in Washington.  The Department of Health does not keep information on health providers who are known to recommend marijuana as a medication.

Medical Marijuana Use in Washington State: Valid Written Recommendation

Beginning June 10, 2010, a recommendation must be written on tamper-resistant paper. It must also include an original signature by the health care provider, a date, and a statement that says in the health care provider’s professional opinion the patient may benefit from the medical use of marijuana. The 2010 law change also prohibits the use of a copy of the patient’s medical records in lieu of a recommendation.

Medical Marijuana Use in Washington State: Obtaining Marijuana

The law does not allow dispensaries, neither does it allow for the buying or selling of cannabis. Washington State law does allow a qualifying patient or designated provider to grow medical marijuana.

• A qualifying patient and a designated provider may possess a total of no more than twenty-four ounces of useable marijuana, and no more than fifteen plants.
• Useable marijuana” means the dried leaves and flowers of the Cannabis plant family Moraceae. Useable marijuana excludes stems, stalks, seeds and roots.
• Plant” means any marijuana plant in any stage of growth
• The given amounts represent the total amount of marijuana that may be held between both patient and designated provider
• A designated provider must be at least 18 years old and must be designated in writing by the qualifying patient
• A designated provider can only be a provider for one patient at any one time
• The law does not say that a patient may or may not also be a designated provider
• It does say that a designated provider may not consume a qualifying patient’s medical marijuana

Medical Marijuana Use in Washington State: Designated Provider

• A designated provider must be at least 18 years old and must be designated in writing by the qualifying patient
• A designated provider can only be a provider for one patient at any one time
• The law does not say that a patient may or may not also be a designated provider
• It does say that a designated provider may not consume a qualifying patient’s medical marijuana

Medical Marijuana Use Outside of Washington State

Some states may allow you to use your recommendation from Washington when traveling. You must comply with the laws in the other state. Doctor recommendations, ID cards, and other documentation from other states are not legal in Washington.

Medical Marijuana Use in Washington State: Useful Contacts

• American Civil Liberties Union
• Human Rights Commission
• All state laws are on the Washington State Legislative Web page

From medicalmarijuanablog.com

Goodman Runs For Congress On Cannabis Legalization Platform

Photo: KOMO News

Congressional candidate Roger Goodman, left, advocates the legalization of marijuana and protecting the planet.

​What if we could elect a real, live drug policy reformerto Congress? A candidate who has that background — and unabashedly advocates the legalization of cannabis nationwide — is running for the U.S. House of Representatives from Washington state, and he has an excellent chance to win.

Washington state Rep. Roger Goodman had in February initially announced he would run in the 8th District against Rep. Dave Reichert, a right-wing Republican, but now that Rep. Jay Inslee is vacating his seat in the House to run for Governor, Goodman will be running for that open seat in the reliably liberal 1st District where he lives, the candidate told Toke of the Town in an exclusive interview Friday afternoon.

“My number one priority is planetary health,” Goodman told me. “We need to pay attention to that, and we need to foster justice in our society.

“Cannabis policy reform is actually a part of both of those major issues, and my training as a lawyer, an environmentalist, a former Congressional chief of staff, a state agency director, and now as a legislator and reformer for years, qualifies me not just on cannabis reform but on qualify of life issues and on true progressive leadership,” he said.

“Drug policy so strategically connects to other policies, and people don’t realize it,” Goodman said. “Safe streets, good education, reasonable taxes…

Photo: Roger Goodman For Congress

Roger Goodman: “We need to pay attention to planetary health”

​
“Nationwide, about 7 or 8 billion dollars is spent just on marijuana enforcement,” he told me. “That money could certainly be better used. But I don’t stress the savings; I’m really more concerned about public safety, children and families.

“Our marijuana policies allow illegal markets to deliver an unregulated product, and that’s just not safe, for patients or for anyone else who might want to use it,” Goodman said. “My primary concern is public safety, health care, and wellness.

“And yes, let’s make some money from this,” Goodman said. “Let’s tax it and use some of that money for health care.”

Roger’s Got A Killer Resumé

Rep. Goodman isn’t just frontin’ when he talks about drug policy reform. The man served as the executive director of the Washington State Sentencing Guidelines Commission in the late 1990s and was elected to the National Association of Sentencing Commissions. While with the state commission, he published reports on prison capacity and sentencing policy, helped increased the availability of drug treatment in prisons, and guided 14 other sentencing-related bills through the Washington Legislature.

Photo: Pete Kuhns/Seattle Weekly

Rep. Roger Goodman shows off a stash of his drug of choice: chocolate.

​
“In Washington state, we put about 8,000 people in cages every year who either should just be left alone, or should be receiving mental health or substance abuse treatment,” Goodman said. “We have a lot of progress that needs to be made.”

Goodman is very acquainted with our drug policies, and the fact that they need fixing. He next led the King County Bar Association’s Drug Policy Project, which coordinated a groundbreaking initiative to critically look at drug laws and promote cheaper, more effective, and more humane policies. In doing so, Goodman helped create a coalition of more than 20 professional and civic organizations that has spurred the Legislature to reduce sentences for drug offenders and shift funding away from incarceration and into drug treatment.

Medical Marijuana In Crisis

A state representative since 2008, Goodman cosponsored a marijuana legalization bill in the just-completed session of the Legislature, and also supported a bill which would have explicitly legalized dispensaries in Washington state. That bill, SB 5073, passed both houses of the Legislature, but in a stunning failure of leadership, hen-hearted Gov. Christine Gregoire used her line-item veto to eviscerate the measure.

Photo: The Stranger

Rep. Roger Goodman: “We’ve driven patients back to the streets. Do we want the drug dealer model, or do we want the safe access point model?”

​”Our medical marijuana program is in crisis right now,” Goodman told Toke of the Town. “It’s worse than it was before the Governor partially vetoed the bill. What was left over made it worse.”

“We’ve now driven patients back to the streets,” Goodman said. “Do we want the drug dealer model, or do we want the safe access point model?

“There’s a lot of politics going on behind the scenes, and extraneous political interests,” Goodman acknowledged. “It’s not a pure thing.”

Calling state Sen. Jeanne Kohl-Welles, sponsor of SB 5073, “the undisputed champion on this issue,” Goodman said safe access for medical marijuana patients “a very important thing we have to get done.”

“I do fear that patients will have problems getting access safely, because dispensaries as we now understand them will be actually prohibited, and the limit of one provider to one patient and the 15-day waiting period are going to hamper access,” he said.

At the same time, Goodman is holding out hope that patients in the Seattle area, at least, can preserve some sort of safe access. “King County is going to look at various zoning ordinances that came out of this bill,” he told me.

Goodman is backing a new bill, HB 2118, which he says is “from the patient’s perspective.” According to the legislator, it allows for dispensaries to get business licenses and allows localities to zone to specifically allow for the shops.

Graphic: Roger Goodman For Congress

​

“It’s a starting point,” he told me, “but it’s what the patients would like. There’s no registry, and there’s no need for a registry. If you have the authentic documentation, that’s all you need.

“This is about health care, not crime,” Goodman said. “I actually have a very good relationship with law enforcement. I legislated against domestic violence and helped get drunk drivers off the road.”

Speaking of impaired driving, Roger Goodman is one of the few politicians I have ever heard admit he was wrong. He incurred the wrath of many marijuana activists when he sponsored a DUI marijuana bill in the Legislature; his bill would have set a THC blood limit of 8 ng/ml as the definition of being impaired by cannabis.

But after hearing from a lot of constituents and checking out the available information, Goodman realized there are no definitive answers showing that 8 ng/ml or any other particular cut-off level for blood THC is necessarily indicative of impairment.

“When I learned there was no good science on the subject, I actually withdrew that proposal, and I helped Colorado defeat that same marijuana DUI proposal,” Goodman told me.

‘Some Concerns’ With New Approach Washington

Which brings us to New Approach Washington, a legalization initiative announced just this week which is backed by some major names including former U.S. Attorney John McKay, Seattle City Attorney Pete Holmes and travel writer Rick Steves.

The language of that measure specifies the low limit of 5 ng/ml as the cutoff point for defining cannabis impairment while driving. That level would effectively outlaw any driving, ever, for many medical marijuana patients who must use large amounts of cannabis every day, because they’d show up over the limit even when completely unimpaired.

Photo: Roger Goodman For Congress

​
Another big concern for marijuana activists in the New Approach Washington measure’s language is the fact that while it would allow adults to buy pot at state-run stores, it still wouldn’t allow home cultivation of recreational cannabis.

“I’ve heard quite a number of concerns from people who’ve called me about the nanogram limit for driving, and about the fact there’s nothing about home growing,” he told me.

“I will be ready to receive it enthusiastically in the Legislature, anticipating the ability to amend it,” Goodman said. “The problem is if the Legislature does not amend it, the way it is drafted today, it would appear on the ballot in November 2012. There are some concerns, and we need to tweak it or re-draft the language quite soon.

“The other thing is this home growing,” Goodman said. “People need to be able to produce and consume, and have non-commercial gift exchanges perhaps of small amounts.”

But even in its imperfect form, the New Approach Washington initiative represents enormous progress, according to Goodman. “I have to say this is a huge step where we have a bipartisan group of prominent people putting it forward,” he told me. “I’ll do what I can to move it through the Legislature.”

Tipping The Balance, $4.20 At A Time

At any pivotal point in our nation’s history — and look around you, man, we’re in one of those — one well-informed politician can help tip the balance back towards sanity when it comes to drug policy, environmental policy, public safety, and health care, and Goodman said he wants to be a part of that.

Graphic: CTI

​
The presence of a man like Roger Goodman in Congress could make a major difference going forward as our nation discovers the way to a saner approach on marijuana.

“We’re so close to the tipping point,” Goodman told me. “I want to offer some experienced leadership in drug policy reform; to join Jared Polis, Barney Frank and others who are making a difference on the Hill.

“Getting me there will get us all one step closer to loosening the federal Controlled Substances Act, for the health, welfare and safety of the people,” Goodman said.

“The number one thing I need at the moment is for people to go to goodmanforcongress.com and help elect me,” Goodman said.

“I know that people are mostly, including myself here, of very modest means,” he said. “I’m not asking for a lot of money. But I do need $4.20 from as many people as possible by next week. We’re doing well; we’ve reached our target for the first quarter and we are being taken very seriously.”

Summing It Up

I have to tell you, it’s a blast to speak with a politician who seems to be more concerned about the people and the environment than about the corporations. Goodman is definitely that guy.

“We need to pay attention to planetary health,” Goodman told me. “We need to foster justice in our society.

“When I was a Congressional staffer, I had to be quote-unquote ‘professional,’ ” Goodman said. “Now I can speak the truth, and it’s just so refreshing — and people can sense that.

“That’s given me the inner strength to lead,” Goodman said. “Simply to lead.”

To learn more about the Roger Goodman for Congress campaign, or to contribute, visit http://goodmanforcongress.com/. You can also “Like” the Roger Goodman For Congress Facebook page

WA Supreme Court: You Can Be Fired For Medical Cannabis

Photo: LawyersandSettlements.com

If you live in Washington state, it doesn’t even matter if medical marijuana is legal. You can be fired for using it — even legally — even if only if your off hours.

​

Employers in Washington state are allowed to fire employees who fail a drug test, even if they have a valid medical marijuana authorization, the state Supreme Court ruled on Thursday.

The court ruled that TeleTech Customer Care, a Colorado-based company that handles customer service for Sprint from its facility in Bremerton, Washington, was allowed to fire a woman for failing its required drug test, even though she is a legal medical marijuana patient, reports J.B. Wogan at the Seattle Times.

The plaintiff was pulled out of her training class after just a week and fired on the spot on October 18, 2006, because she failed a pre-employment drug screen. She had a valid medical marijuana authorization from her doctor, and sued under the name Jane Roe.

The company claimed in court documents that its contract with Sprint required drug testing and makes no exception for medical marijuana.

Photo: Jenkins Family Blog

Washington Supreme Court Justice Tom Chambers is the only friend medical marijuana patients have on the state’s highest court.

​ Roe’s attorney argued that Washington state law implied employers had to accommodate medical marijuana use outside the workplace. The court disagreed in a 8-1 decision, saying the law explicitly permits employers to disallow on-site medical marijuana use, but says nothing about such use outside the workplace.

The majority opinion noted that the state Human Rights Commission, which investigates employee discrimination cases, cannot pursue claims related to medical marijuana use because it is still illegal under federal law.

The law needs to be modified to protect employees’ right to legally use medical marijuana outside of work, according to Roe’s attorney, Michael Subit.

“The court said it wasn’t clear enough, so I hope the Legislature or the voters [through the initiative process] make it clear enough that no one can mistake it in the future,” Subit said.

Justice Tom Chambers, unfortunately in this case the only clear thinker on the Court, wrote the dissenting opinion, arguing that voters intended to protect patients who were authorized to use marijuana for medicinal purposes.

He pointed out that TeleTech had a drug-screening policy that prohibited employees from using marijuana, even if it did not affect job performance. In fact, TeleTech did not even try to offer evidence that Roe’s marijuana use — to control migraines — impaired her ability to work.

So what we’re left with is some misguided policy of making enormous moral judgments about medical marijuana patients overruling rationality.

Justice Chambers rightly pointed out that the court’s decision “jeopardizes the clear policy” of the 1998 voter initiative and would discourage other people from seeking legal medical marijuana treatment for fear of getting fired.

Feds Throw Weight Around On Washington’s Medical Marijuana Bill

The feds are throwing their weight around again when it comes to Washington state’s medical marijuana law. A proposal to rewrite the state’s medicinal cannabis rules attracted federal attention after Governor Christine Gregoire asked for “clear guidance” about the U.S. Department of Justice’s position on state-licensed medical marijuana dispensaries, which would be legalized under the new rules.

Gov. Gregoire, who sent the letter to U.S. Attorney General Eric Holder on Wednesday, claims she “became concerned” about a “potential federal crackdown” after speaking with the U.S. attorneys for Eastern and Western Washington, Michael Ormsby and Jenny Durkan, reports Jonathan Martin at the Seattle Times.

The prosecutors claim they are concerned that the proposed legislation “would legalize commercial sales of marijuana,” according to state Sen. Jeanne Kohl-Welles, the bill’s prime sponsor.

Photo: Seattle Weekly

U.S. Attorney Michael C. Ormsby likes to run his mouth and throw his weight around.

U.S. attorneys Ormsby, who already started threatening Spokane dispensaries last week, and Durkan noted that the U.S. attorney for Northern California was threatening to prosecute operators of a proposed commercial grow farm in Oakland, even though the farm was licensed by that city and legal under state law, Gov. Gregoire said in her letter to the Attorney General.

The bill in question, SB 5073, would create new state licenses for dispensaries, grow farms and cannabis food processors. State licensing of dispensaries is already in place or is currently being implemented in states like Colorado, Maine, New Jersey and New Mexico, as well as in the District of Columbia.

Gregoire’s letter seeks federal input before considering whether to sign the bill. Some political observers of a cynical bent believe the governor may simply be seeking political cover for a spineless veto of all or portions of the bill.

“The governor wants to make sure that if a law goes forward, it’s done in a way that won’t set up Washington state for an endless battle of court cases,” claimed her spokesman, Scott Whiteaker.

Photo: News Junkie Post

Sen. Jeanne Kohl-Welles: “Why should our state be treated any differently than other states?”

​ But Sen. Kohl-Welles said she was mystified why the Department of Justice would treat legalized dispensaries in Washington any differently from six other states and D.C., which all currently license and regulate dispensaries.

“Why should our state be treated any differently than other states?” Kohl-Welles rightly asked.

Ormsby, the headline-seeking hot dog of a U.S. attorney in Spokane, last week threatened in a news release to seize property where dispensaries were operating. An estimated 40 dispensaries do business in Spokane.

Ormsby warned that “marijuana stores” are illegal, and threatened property owners who rent to them with forfeiture of their buildings if they refused to evict the dispensaries.

“We are preparing for quick and direct action against the operators of the stores,” Rambo, I mean Ormsby, wrote.

At least 120 dispensaries are operating statewide in Washington, with marked differences in enforcement from county to county. The shops are using a gray area of the voter-approved 1998 medical marijuana law, which neither expressly allows nor prohibits the dispensaries.

Marijuana remains illegal under federal law as a Schedule I substance, but the U.S. Department of Justice has taken a mostly hands-off approach to patients and providers in states where medicinal cannabis is legal since an October 2009 memo issued shortly after Attorney General Holder took over.

That memo famously said that patients and providers in “clear and unambiguous compliance” with state laws were not a priority of federal law enforcement, but a trickle of federal raids has continued to take place, including multiple raids in the past month in Montana and California.

However, the DEA has to our knowledge, so far at least, never raided any state-licensed medical marijuana growers or dispensaries in states like New Mexico and Maine, which explicitly allow and license the facilities through their state health departments.

http://www.tokeofthetown.com/2011/04/feds_throw_weight_around_on_washingtons_med_mariju.php

Washington Bill regulating Medical Marijuana advances!

OLYMPIA, Wash. (AP) — House lawmakers approved a bill Monday to regulate medical marijuana dispensaries and give greater legal protection to patients with a prescription for cannabis.

The bill, originally sponsored by Sen. Jeanne Kohl-Welles, D-Seattle, aims to bring medical marijuana dispensaries out of the legal gray area in which they operate under current law.

It establishes a licensing process for cannabis producers and sets up regulations for dispensaries, including a provision that they must be located at least 500 feet away from a school.

Supporters say the measure will help patients who suffer from chronic pain and other conditions by allowing them easier access to the drug and giving them more security in their legal status.

The bill creates arrest protection for physicians who prescribe medical marijuana and for the patients who use it in compliance with possession limitations: Patients may own no more than 15 plants and 24 ounces of medical cannabis and must have proof of their registration as a legal medical user.

Under the bill, groups of patients would also be allowed to collaborate on community gardens, which could have up to 99 plants. Only qualified patients would be allowed to use the marijuana grown in these gardens.

Opponents argue that this moves the state one step closer to full-blown legalization and doesn’t set up enough safeguards to keep marijuana out of the hands of children.

“It fosters ambiguity,” said Rep. Kevin Parker, R-Spokane. “We are confusing kids, we are confusing the law, and we are making it harder on law enforcement when the budgets we’re writing are reducing law enforcement in this state.”

In 1998, Washington voters passed an initiative to allow people with debilitating medical conditions access to medical marijuana. Those conditions include “intractable pain,” as well as disorders like chemotherapy-induced nausea among cancer patients, Hepatitis C and glaucoma.

But the initiative did not set up a clear legal way for patients to access cannabis.

Federal law classifies marijuana as a Schedule 1 controlled substance, which means that though state law permits medical marijuana, all users are still violating federal law.

Last week, U.S. Attorney for Eastern Washington Michael Ormsby issued a statement saying that landlords could face foreclosure of their properties if they rented out to medical marijuana dispensaries. He said this is to encourage Washington to follow federal law. Some shops in Spokane County have already been shut down by the police.

Earlier on Monday, Gov. Chris Gregoire expressed concern over the conflict between state and federal law, especially given what Ormsby and other U.S. attorneys around the country have done to crack down on dispensaries.

But for the past two years, the Obama administration has followed a policy of not interfering with medical marijuana dispensaries as long as they’re in compliance with state law. This bill aims to bring Washington dispensaries legal protection from both state and federal law enforcement agents.

“We owe it to the people of this state to be compassionate,” said Rep. Mary Lou Dickerson, D-Seattle, in support of a bill she says provides much-needed relief for people with chronic pain.

The bill inspired contentious debate that crossed party lines, as representatives from across the board worried about potentially increasing access to the general population and not just qualified patients.

Opponents proposed a number of unsuccessful amendments aimed at limiting the number of dispensaries around the state and keeping them far away from schools, churches and youth centers.

Philip Dawdy, media and policy director for the Washington Cannabis association, said that with the House’s approval of the bill, “We are very close to having a state law that clarifies things and makes a law that people can actually follow.”

If Kohl-Welles’ bill goes on to final passage, dispensaries will still be in a bit of a legal haze until January 2013 as the state Department of Health and Department of Agriculture go through their 18-month rule-making process, Dawdy said. Still, he continued, the bill will provide dispensaries with an affirmative defense in court, which they don’t have under current law.

The bill now returns to the Senate for a concurrence vote on the House’s amendments.

Read more: http://www.kitsapsun.com/news/2011/apr/11/wash-bill-regulating-medical-marijuana-02/?utm_source=twitterfeed&utm_medium=twitter#ixzz1JH1kD8UF

States That Allow Medical Marijuana in 2011.

With the new year comes new laws, including those that apply to medical marijuana in the United States. With the rapidly changing social and political landscape more and more states are passing pro-marijuana legislation.

States that approved of marijuana friendly ballot initiatives (orange on the map), but who may not have officially approved marijuana for medical use include Arizona (Prop 203), Vermont (Governor Shumlin helped pass existing MMJ laws), Connecticut (Governor Malloy supports decriminalizing pot), and Massachusetts (all 9 jurisdictions in which the question was asked support taxing and regulating marijuana like cigarettes and alcohol).

On the other side of the table, states failing to move forward in support of marijuana law reform (in gray on the map) include South Dakota, which failed to pass Measure 13, allowing medical marijuana in the state. Similarly, Oregon did not expand their existing laws with lack of support for Measure 74. New Mexico elected a stated anti-marijuana advocate to to post of governor, and in California Proposition 19 did not pass, preventing the legalization of pot in the state.

States that do allow medical marijuana are listed below, and are shown in beige on the map.

As always it is important to remember that marijuana remains illegal federally, and if you use medical marijuana in your state, it is best to consult an attorney who is familiar with the most up to date legal standings. Below you can find the current states that allow medical use of cannabis and what the current law permits.

• Alaska – Nov 3, 1998.
  

  Initiative 8 passed with 58% of the vote and took effect Mar 4, 1999.

  Allows 1 oz usable; 6 plants (3 mature, 3 immature)

  Approved for: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea.

• Arizona – Nov 2, 2010.
  

  Proposition 203 passed, just barely, with 50.15% of the vote.

  Allows 2.5 oz usable; 0-12 plants

  Approved for: Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn’s disease, Alzheimer’s disease, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, severe or persistent muscle spasms.

• California – Nov 5, 1996.
  

  Proposition 215 was the first in the country to allow medical marijuana and took effect Nov 6, 1996. SB1449 was signed into law by Governor Schwarzenegger in October and took effect Jan 1, 2011 decriminalizing possession of less than 1 ounce of marijuana. Proposition 19 failed to pass, and would have legalized marijuana for personal use.

  The current law allows: 8 oz usable; 18 plants (6 mature, 12 immature).

  Approved for: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.

• Colorado – Nov 7, 2000.
  

  Ballot Amendment 20 garnered 54% support, and took effect Jun 1, 2001.

  Allows 2 oz usable; 6 plants (3 mature, 3 immature).

  Approved for: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, or persistent muscle spasms.

• Hawaii – Jun 14, 2000.
  

  Senate Bill 862 passed the House 32-18, and more narrowly in the Senate 13-12. It took effect Dec 28, 2000.

  Allows 3 oz usable; 7 plants (3 mature, 4 immature).

  Approved for: Cancer, glaucoma, HIV/AIDS, conditions producing cachexia or wasting syndrome, severe pain, severe nausea, seizures, or severe and persistent muscle spasms (multiple sclerosis & Crohn’s disease.)

• Maine – Nov 2, 1999.
  

  Ballot Question 2 legalized medical marijuana, taking effect Dec 22, 1999.

  Allows 2.5 oz usable; 6 plants.

  Approved for: cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.

• Maryland – 2003.
  

  While technically illegal, the Medical Marijuana Affirmative Defense Law has been in place since 2003. Medical marijuana is considered a mitigating factor in state trials, and the maximum penalty for medical use is a $100 fine.

• Michigan – Nov 4, 2008.
  

  Proposal 1 passed with 63% of the vote and took effect Dec 1, 2008.

  Allows 2.5 oz usable; 12 plants.

  Approved for: “debilitating medical conditions” – cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, and multiple sclerosis.

• Montana – Nov 2, 2004.
  

  Initiative 148 legalized medical marijuana with 65% approval and took effect that day.

  Allows for 1 oz useable and 6 plants.

  Approved for: Cancer, glaucoma, HIV/AIDS, conditions which produce cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, severe or persistent muscle spasms, (multiple sclerosis or Chrohn’s disease)

• Nevada – Nov 7, 2000.
  

  Ballot Question 9/Assembly Bill 453 legalizing medical marijuana passed with 65% of the vote, and took effect Oct 1, 2001.

  Allows 1 oz usable; 7 plants (3 mature, 4 immature).

  Approved for: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain

• New Jersey - Jan 18, 2010.
  

  The New Jersey Compassionate Use Medical Marijuana Act took effect Oct 1, 2010.

  Allows 2 oz usable.

  Approved for: Seizures, intractable skeletal muscular spasticity, glaucoma; severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome resulting from HIV/AIDS or cancer; amyotrophic lateral sclerosis (Lou Gehrig’s Disease), multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease. Maybe prescribed for any condition which leaves the patient less than one year to live.

• New Mexico - Apr 2, 2007.
  

  Senate Bill 523 took effect on Jul 1, 2007.

  Allows 6 oz usable; 16 plants (4 mature, 12 immature).

  Approved for: severe chronic pain, painful peripheral neuropathy, intractable nausea/vomiting, severe anorexia/cachexia, hepatitis C infection, Crohn’s disease, Post-Traumatic Stress Disorder, ALS (Lou Gehrig’s disease), cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS, and hospice patients.

• Oregon – Nov 3, 1998.
  

  Measure 67 legalized medical marijuana and passed with 55% of the vote and took effect Dec 3, 1998. Measure 74 would have expanded the scope of the existing laws, but failed to pass.

  Current law allows: 24 oz usable; 24 plants (6 mature, 18 immature).

  Approved for: cancer, glaucoma, positive status for HIV/AIDS. Any medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures (epilepsy), or persistent muscle spasms (multiple sclerosis)

• Rhode Island – Jan 3, 2006.
  

  The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act passed the state House (52-10) and Senate (33-1) with a super majority, enough to override the governor’s veto. Another super majority vote (House 51-12, Senate 28-5) gave the amendment permanent status as state law Jul 21, 2007.

  Allows 2.5 oz usable; 12 plants.

  Approved for: cancer, glaucoma, HIV/AIDS, Hepatitis C, any ailment that produces cachexia or wasting syndrome, chronic pain, severe nausea, seizures (epilepsy), or severe and persistent muscle spasms

• Vermont – May 26, 2004.
  

  Senate Bill 76 (passed 22-7) and House Bill 645 (passed 82-59) went into effect Jul 1, 2004.

  Allows 2 oz usable; 9 plants (2 mature, 7 immature).

  Approved for: Cancer, AIDS, HIV, multiple sclerosis, or a disease, medical condition, or its treatment that is chronic, debilitating and produces severe, persistent.

• Washington – Nov 3, 1998.
  

  Measure 692 legalized medical marijuana passed with 59% of the vote and took effect immediately.

  Allows 24 oz usable; 15 plants.

  Approved for: Cachexia, cancer, HIV/AIDS, epilepsy, glaucoma, intractable pain, and multiple sclerosis.

• Washington, DC – 1998.
  

  Medical marijuana was first passed in the federal district in 1998 with a record high vote of a approval coming in at 69%, however funding for the program was blocked by an act of Congress. A new measure was passed in May, 2010 and with the Democratically controlled Congress failing to intervene within 30 days, plans for 8 approved dispensaries are now in progress.

  Allows for 2 oz useable, other forms TBD.

  Approved for: HIV, AIDS, glaucoma, multiple sclerosis, cancer, other chronic conditions, or medical conditions for which the use of medical marijuana is beneficial (chemotherapy)