BILL ANALYSIS
SJR 14
Page 1
Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
SJR 14 (Leno) - As Introduced: June 8, 2009
SENATE VOTE : 23-15
SUBJECT : Medical marijuana.
SUMMARY : Calls on the President and Congress to take specified
actions relating to the use of marijuana for medical purposes.
Specifically, this resolution :
1)Urges the President and Congress to do the following relating
to the use of medical marijuana:
a) Move quickly to end federal raids, intimidation, and
interference with state medical marijuana laws;
b) 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 and local law to use or provide
marijuana for therapeutic use;
c) Adopt policies and laws to encourage advanced clinical
research trials into the therapeutic use of marijuana; and,
d) Create a comprehensive federal medical marijuana policy
that ensures safe and legal access to any patient that
would benefit from medical marijuana.
2)Makes various findings and declarations relating to state and
federal policies toward medical marijuana.
EXISTING FEDERAL LAW :
1)Prohibits the cultivation, use, and possession of marijuana,
without regard to medicinal or other purposes.
2)Prohibits physicians from prescribing marijuana because of the
drug's classification as a Schedule 1 controlled substance.
EXISTING STATE LAW :
1)Establishes the Compassionate Use Act, enacted by voters in
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1996 as Proposition 215, to exempt patients and caregivers
from criminal penalties when they possess or cultivate
marijuana for medical use as recommended by a physician.
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.
FISCAL EFFECT : None
COMMENTS :
1)PURPOSE OF THIS RESOLUTION . According to the author, this
resolution is intended to protect legal medical cannabis
patients from federal raids or unfair prosecution, while
supporting clinical research and a more compassionate federal
policy. The sponsor, Americans for Safe Access, adds that
this resolution is an appropriate and necessary response to
indications of a change in federal policy and the guidance
that it seeks to provide is more timely now than ever before.
The sponsor notes that federal policy on medical cannabis is
evolving and points to recent progress in Congress that has
culminated in the introduction of HR 2835, the Medical
Marijuana Patient Protection Act, which is intended to provide
federal legal protections for all qualified patients and
caregivers in states that have legalized the use of medical
cannabis, as well as for any entity authorized under local or
state law to distribute medical cannabis. The author states
that this resolution will help instruct the President and
Congress in shaping these new policies and legislation to
prevent interference and encourage research.
2)PROPOSITION 215 . 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.
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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. Consequently, 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, the Medical Marijuana
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.
3)FEDERAL COURT RULING . The Supreme Court's decision in
Gonzalez v. Raich (03-1454) 545 U.S.1 (2005) 352F. 3d 1222
resolved conflicts over differing state and federal laws
governing use, possession, and cultivation of marijuana for
medicinal purposes. The court's decision upheld the federal
marijuana laws, including the legal basis for the federal Drug
Enforcement Administration (DEA) to conduct raids, seize
medicinal marijuana, and make arrests for criminal violations
of federal drug laws. In the aftermath of the ruling, the DEA
has increased enforcement actions against marijuana
dispensaries in states like California where federal, state,
and local laws are in conflict. Eleven other states have
enacted laws similar to California's medicinal marijuana
policy, and all currently face the same federal-state
conflict.
4)RECENT FEDERAL ACTION . In June 2009, Congressional
Representative Barney Frank introduced the "Medical Marijuana
Patient Protection Act," HR 2835, which would change federal
policy on medical marijuana. Specifically, it would change
marijuana from a Schedule I drug, classified as having no
medical value, to a Schedule II drug, which would create a
regulatory framework for the federal Food and Drug
Administration to begin a drug approval process for marijuana.
HR 2835 would also prevent interference by the federal
government in any medical marijuana program operated by a
state or county. Additionally, HR 2835 would prevent the
federal government from prohibiting or restricting: a) A
physician from prescribing or recommending marijuana for
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medical use, b) An individual from obtaining, possessing,
transporting within their state, manufacturing, or using
marijuana in accordance with their state law, c) An individual
authorized under state law from obtaining, possessing,
transporting within their state, or manufacturing marijuana on
behalf of an authorized patient, and, d) An entity authorized
under local or state law to distribute medical marijuana to
authorized patients from obtaining, possessing, or
distributing marijuana to such authorized patients.
Additionally, in October 2009, Deputy Attorney General David
Ogden issued a memo to selected U.S. attorneys regarding
investigations and prosecutions in states authorizing the
medical use of marijuana. Specifically, the memo indicates
that the prosecution of significant traffickers of illegal
drugs, including marijuana and the disruption of illegal drug
manufacturing and trafficking networks continues to be a core
priority in the federal Department of Justice's (DOJ) efforts
against narcotics and dangerous drugs, and the DOJ's
investigative and prosecutorial resources should be directed
towards these objectives. Accordingly, the memo instructs
states not to focus federal resources on individuals whose
actions are in clear and unambiguous compliance with existing
state laws providing for the medical use of marijuana. For
example, the memo suggests that prosecution of individuals
with cancer or other serious illnesses who use marijuana as
part of a recommended treatment regimen consistent with
applicable state law, or those caregivers in clear and
unambiguous compliance with existing state law who provide
such individuals with marijuana, is unlikely to be an
efficient use of limited federal resources, while, on the
other hand, prosecution of commercial enterprises that
unlawfully market and sell marijuana for profit continues to
be an enforcement priority of the DOJ.
5)PRIOR LEGISLATION .
a) SJR 20 (Migden) of 2008 would have called on federal law
enforcement agencies to enforce federal drug laws relating
to medical marijuana dispensaries and collectives in a
manner consistent with the laws of the State of California,
including the state's medical marijuana laws. SJR 20 was
held in the Assembly Public Safety Committee.
b) SB 420 (Vasconcellos), Chapter 875, Statutes of 2003,
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establishes a voluntary program for the issuance of
identification cards to patients qualified to use medical
marijuana and makes numerous legal definitions,
clarifications, and statutory changes necessary to
implement and enforce a system providing medical marijuana
to chronically ill patients.
6)SUPPORT . Supporters, including the California National
Organization for the Reform of Marijuana Laws and Drug Policy
Alliance, write that, despite state protection for
compassionate use, federal law continues to criminalize
medical marijuana patients, which has resulted in significant
confusion and profound negative effects for California
patients. Common Sense for Drug Policy notes that this
resolution calls for changing federal policy toward a more
rational and compassionate approach to medical marijuana and
will help to ensure safe access to cannabis in those states
where medical use is authorized. The Marijuana Policy Project
asserts that this resolution sends a strong message in support
of the state's long-standing compassionate medical marijuana
laws and the 300,000 seriously ill Californians who rely on
them.
REGISTERED SUPPORT / OPPOSITION :
Support
Americans for Safe Access (sponsor)
American Civil Liberties Union
California National Organization for the Reform of Marijuana
Laws
Common Sense for Drug Policy
Drug Policy Alliance
Marijuana Policy Project
Opposition
None on file.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097