BILL ANALYSIS
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|SENATE RULES COMMITTEE | SJR 14|
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THIRD READING
Bill No: SJR 14
Author: Leno (D)
Amended: As introduced
Vote: 21
SENATE HEALTH COMMITTEE : 7-3, 7/15/09
AYES: Alquist, Cedillo, DeSaulnier, Leno, Negrete McLeod,
Pavley, Wolk
NOES: Strickland, Aanestad, Cox
NO VOTE RECORDED: Maldonado
SUBJECT : Medical marijuana
SOURCE : Author
DIGEST : This resolution urges the President and the
Congress of the United States to take specific actions
relating to the use of medical marijuana, including ending
federal raids, intimidation and interference with state
medical cannabis laws; adopting policies and laws to
encourage advanced clinical research trials into the
therapeutic use of cannabis; establishing an affirmative
defense to medical cannabis charges in federal court; and
establishing a comprehensive federal medical cannabis
policy that ensures safe and legal access for patients.
ANALYSIS :
Existing federal law:
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1. Prohibits the cultivation, use and possession of
marijuana, without regard to medicinal or other use.
2. Prohibits physicians from prescribing marijuana because
of the drug's classification as a schedule 1 controlled
substance.
Existing state law:
1. Exempts patients and caregivers from criminal penalties
when they possess or cultivate marijuana for medical use
as recommended by a physician, as specified in an
initiative statute.
2. Protects a physician from criminal penalties or
sanctions for recommending marijuana use for medical
purposes, and creates a voluntary program for the
issuance of identification cards to patients qualified
to use medical marijuana.
This resolution:
1. Memorializes the President and the Congress to move
quickly to end federal raids, intimidation and
interference with state medical marijuana laws.
2. Memorializes the President and the Congress to take any
necessary measures to permit an affirmative defense to
medical marijuana charges in federal court and establish
federal legal protection for individuals authorized by
state law to use or provide marijuana for therapeutic
use.
3. Memorializes the President and the Congress to adopt
policies and laws to encourage advanced clinical
research trials into the therapeutic use of marijuana.
4. Memorializes the President and the Congress to create a
comprehensive federal medical marijuana policy that
ensures safe and legal access to any patient that would
benefit from medical marijuana.
Background
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In 1996, California voters approved an initiative statute,
California's Compassionate Use Act, Proposition 215, to
ensure that seriously ill Californians have the right to
obtain and use marijuana for medical purposes. The
initiative also contained protection for physicians wanting
to inform patients about the use of medical marijuana.
Proposition 215 was a strong policy statement, but
contained few details on how patients could obtain access
to medical marijuana. The initiative also directed the
state to implement a plan for the safe and affordable
distribution of medical marijuana.
Conflicts with the federal government occurred almost
immediately in the wake of the initiative's passage. The
conflicts resulted because of the differences between state
law, which made medical use of marijuana legal, and federal
law which carries stiff criminal penalties for the use,
possession and/or cultivation of marijuana. The first
conflict resolved by the courts came after the federal
government warned physicians who discussed or recommended
the use of medical marijuana that they faced possible
sanctions including criminal prosecution, revocation of
their Drug Enforcement Administration (DEA) registration to
prescribe scheduled drugs and exclusion from Medicaid and
Medicare. The state law was protected as federal courts
upheld the rights of physicians to discuss medical
marijuana as a treatment option for patients with certain
conditions.
The state has not implemented a plan that provides for the
safe and affordable distribution of medical marijuana, in
part because of the potential of violating federal law.
The state has created a voluntary program by which the
Department of Public Health issues an identification card
to patients, caregivers and other authorized parties. The
identification card grants the holder immunity from arrest
for possessing specified amounts of marijuana to be used
for medical purposes. State law also details criteria for
the definition of primary caregiver.
Conflicts over the differing state and federal laws
regarding use, possession, and cultivation were resolved
with the Supreme Court's 2005 decision in Gonzalez v.
Raich . The court upheld federal marijuana laws, including
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the legal basis for the DEA to conduct raids, seize
medicinal marijuana and make arrests for criminal
violations of federal drug laws.
In the aftermath of the ruling, in states like California,
where federal, state, and local laws are in conflict, the
DEA has increased enforcement actions against marijuana
dispensaries. Additional actions have been brought against
the residences of individual patient-cultivators. The DEA
has also targeted property owners who rent or lease space
for medical marijuana dispensaries. Reportedly, at least
some of the medical marijuana dispensaries and collectives
shut down by the DEA have been approved by local
governments and were reporting and paying sales taxes to
the Board of Equalization, and reporting and paying income
taxes.
Eleven other states: Alaska, Colorado, Hawaii, Maine,
Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont
and Washington have enacted laws similar to California's
medicinal marijuana policy, and all currently face the same
federal-state conflict.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 7/16/09)
Americans for Safe Access
Common Sense for Drug Policy
Drug Policy Alliance
Marijuana Policy Project
National Organization for the Reform of Marijuana Laws
ARGUMENTS IN SUPPORT : Americans for Safe Access, the
resolution's sponsor, argues that this will help protect
the rights of legal medical cannabis patients in California
and effecting meaningful change in federal policies at a
strategic moment in history. The Drug Policy Alliance
states that despite state protection for compassionate use,
federal law continues to see medical marijuana patients as
criminals and this has resulted in significant confusion
and profound negative effects for California patients.
They note that since the United States Supreme Court ruling
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in the Gonzales case, there have been 150 federal raids on
medical marijuana dispensaries and distributors in
California.
CTW:mw 7/16/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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