BILL ANALYSIS
SJR 14
Page 1
SENATE THIRD READING
SJR 14 (Leno)
As Introduced June 8, 2009
Majority vote
SENATE VOTE :23-15
HEALTH 10-5
--------------------------------
|Ayes:|Monning, Ammiano, Carter, |
| | De La Torre, De |
| |Leon, Eng, Hayashi, |
| |Jones, Bonnie Lowenthal, |
| |Salas |
| | |
|-----+--------------------------|
|Nays:|Fletcher, Conway, Gaines, |
| | Audra Strickland, |
| |Nestande |
| | |
--------------------------------
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
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would benefit from medical marijuana.
2)Makes various findings and declarations relating to state and
federal policies toward medical marijuana.
FISCAL EFFECT : None
COMMENTS : 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.
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 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
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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.
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.
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Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0004864