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Jan 11, 2008

DRAFT: SENATE JOINT RESOLUTION

WHEREAS, In 1996, California voters approved Proposition 215, The Compassionate Use Act, to exempt patients and caregivers from certain criminal penalties when they possess or cultivate marijuana for medical use as recommended by a physician; and

WHEREAS, The California State Legislature subsequently established the Medical Marijuana program to further the provisions of Proposition 215, whereby persons with an identification card and the person’s designated primary caregiver are exempt from arrest for possession, transportation, delivery, or cultivation of marijuana for medical use; and

WHEREAS, In enacting the Medical Marijuana Program, the California State Legislature expressly stated its intent to enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects, and to address additional issues that were not included in The Compassionate Use Act and that must be addressed to promote the fair and orderly implementation of that Act; and

WHEREAS, Local governments throughout California have worked with dispensaries to ensure medical marijuana may be provided to seriously and terminally ill patients in a non-disruptive manner; and

WHEREAS, Eleven other states ---Alaska, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington ---have enacted laws similar to that of the State of California that effectively remove state-level criminal penalties for growing and/or possessing medical marijuana; and

WHEREAS, As affirmed by the California Court of Appeal, Third Appellate District, in the matter of
People v. Urziceanu (2005) 132 Cal.App.4th 747, the State of California recognizes The Compassionate Use Act contemplates the formation and operation of medical marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana; and

WHEREAS, The State of California has recognized medical marijuana dispensaries and collectives as retailers required to collect, report, and remit tax on the sales of medical marijuana and the revenues derived from those sales to the Board of Equalization and the Franchise Tax Board; and

WHEREAS, The Drug Enforcement Agency of the United States Department of Justice has conducted raids and shut down dozens of medical marijuana dispensaries and collectives in California since 2005, with 28 of these raids occurring since June 2007 in 11 different counties; and

WHEREAS, The medical marijuana dispensaries and collectives in California shut down by the Drug Enforcement Agency had been licensed by local governments and reporting and paying sales taxes to the Board of Equalization and reporting and paying income taxes to the California Franchise Tax Board and the federal Internal Revenue Service; and

WHEREAS, Seizures of assets of these medical marijuana dispensaries and collectives effectively have blocked payments of taxes to the State of California; and

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WHEREAS, The recent, escalated activities of the Drug Enforcement Agency to shut down medical marijuana dispensaries and collectives by targeting their landlords and seizing their landlords’ properties will have serious consequences, including, but not limited to: thousands of California patients will no longer be able to access medical marijuana as recommended by their physicians because these businesses will be forced to close or move underground for unregulated operations; the state and municipalities will lose millions of dollars in tax revenue; and thousands will lose well-paying jobs with benefits; and

WHEREAS, The federal government continues to classify all forms of cannabis as Schedule I under the federal Controlled Substances Act and therefore does not recognize medical marijuana; and

WHEREAS, Historic practice and scientific research have demonstrated medical marijuana alone or in combination with other drugs is an effective treatment for nausea reduction for patients with cancer and Acquired Immune Deficiency Syndrome; increasing appetite for patients with nausea or other conditions causing dangerous weight loss; reducing eye pressure in patients with glaucoma; and controlling muscle spasms, seizures, and chronic muscular pain; and

WHEREAS, In the matter of Gonzales v. Raich: 545 U.S. 1, 125 S. Ct. 2195, 162 L. Ed. 2d 1, the United States Supreme Court upheld the authority of the Drug Enforcement Agency to conduct these raids, but it left state medical marijuana laws intact; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature respectfully memorializes the Congress and President of the United States to enact legislation to require the Drug Enforcement Agency and all other federal agencies and departments to respect the compassionate use laws of states, including returning any assets seized from medical marijuana dispensaries and collectives to the states in which they are located; and be it further

Resolved, That the Legislature respectfully memorializes all 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 and its municipalities within the confines of the provisions of The Compassionate Use Act and the Medical Marijuana Program; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, and to each Senator and Representative from California in the Congress of the United States.

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Posted: Jan 11, 2008 10:39am

 

 
 
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Jo M.
female , committed relationship, 2 children
Sun Valley, CA, USA
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