MassachusettsMarijuanaMovementJournal: Bill S00818 By Mr. McGee

Thursday, March 3, 2011

Bill S00818 By Mr. McGee

Nice of them to uphold one's doctor's authority to recommend mj treatment for ailments not iterated here rather than ceding decisions about a patient's care to a sketchy and skeptical state department, I wish Smizik's bill did that. Smizik's bill allows for 24 plants and 4 usable oz. This bill only allows for 10 plants and that seems a precipitous loss. There are other pieces here I find problematic but I'll give the whole thing a more careful read and review soon. These were the first couple of things things that jumped out at me.

Also, that this is a second bill in the senate, not filed under the same name as the other two, so it will get a separate committee and hearing?

Why can't we synthesize the best of all possible bills by striking the unnecessarily prohibitive language from both, keeping what's great about Smizik's and including the enlightened stipulation included here, of upholding the doctors' authority to recommend treatment for patients without state intervention in that confidential practice?

Bill S00818 By Mr. McGee, petition (accompanied by bill, Senate, No. 818) of Jehlen, Creem, Tolman and other members of the Senate for legislation relative to the arrest and prosecution for the possession of marijuana for medical purposes [Joint Committee on the Judiciary].

Sponsors: Thomas McGee

Petitioners: Thomas McGee, Steven Tolman, Cynthia Creem, Patricia Jehlen

SECTION 1. Section 34 of Chapter 94C of the General Laws as appearing in the 1998 Official Edition, is hereby amended by striking the fourth paragraph thereof and inserting the following:— It shall be a prima facie defense to a charge of possession, manufacturing or trafficking of marihuana under this section if the defendant is a patient, caregiver or physician under the definitions and pursuant to the conditions set out in chapter ninety-four D. Police officers shall have the right to exercise judgment in determining whether or not to arrest an individual if there is evidence that marihuana possession, manufacturing or trafficking falls under the exception set out in this section or in chapter ninety-four D.

SECTION 2. Section 1 of Chapter 94D of the General Laws as appearing in the 1998 Official Edition, is hereby amended by including the following:— “Debilitating Medical Condition”, means a chronic or debilitating disease, medical condition or treatment that produces one or more of the following: cachexia or wasting syndrome, chronic or severe pain, severe nausea, seizures, severe and persistent muscle spasms, or any other condition or its treatment approved by a patient’s doctor in the exercise of his professional judgment.

“Medical use”, means the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the consumption of marihuana to alleviate the symptoms or effects of a qualifying patient’s debilitating medical condition.

“Personal medical use”, is an amount of marihuana that is not more than is reasonably necessary to ensure the uninterrupted availability of marihuana, for the purpose of alleviating the symptoms or effects of a patient’s medical condition for which he or she has been recommended to use marihuana, and shall be presumed to be not more than four ounces of dried, useable, marihuana, and no more than ten plants, four of which can be mature (flowering).

“Primary caregiver”, means a person who is at least eighteen (18) years old, who has

never been convicted of a felony drug offense, and who has agreed not to provide marihuana to any person other than qualifying patients and who is given a written designation of their caregiver status. A qualifying patient may have only one primary caregiver at any one time.

“Qualifying patient”, means a person who has been diagnosed by a licensed physician as having a debilitating medical condition.

“Usable marihuana”, means the dried leaves and flowers of marihuana, and any mixture or preparation thereof, and does not include the seeds, stalks, and roots of the plant.

“Written recommendation” means the qualifying patient’s medical records, or a statement signed by a physician, stating that in the physician’s professional opinion, after having completed a full assessment of the qualifying patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marihuana would likely outweigh the health risks for the qualifying patient.

SECTION 3. Said chapter 94D is amended by adding the following new section:—

Chapter 94D: Section 4 Private Recommendation of Marihuana

Section 4

A. Protections for the medical use of marihuana.

(i) A qualifying patient who has in his possession a written recommendation shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a professional licensing board, for the medical use of marihuana; provided, that the qualifying patient possesses personal medical use amounts.

(ii) Subsection (i) of this section shall not apply to a qualifying patient under the age of eighteen (18) years, unless:

(a) The qualifying patient’s physician has explained the potential risks and benefits of the medical use of marihuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and

(b) A parent, guardian, or person having legal custody consents in writing to:

(1) allow the qualifying patient’s medical use of marihuana;

(2) serve as the qualifying patient’s primary caregiver; and

(3) control the acquisition of the marihuana, the dosage, and the frequency of the medical use of marihuana by the qualifying patient.

(iii) A primary caregiver who has in his or her possession a written recommendation and a designation of caregiver statement shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a professional licensing board, for assisting the qualifying patient to whom he is connected; provided, that the primary caregiver possesses personal medical use amounts.

(iv) There shall exist a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana if the qualifying patient or primary caregiver:

(a) is in possession of a written recommendation; and

(b) is in possession of personal medical use amounts. Such presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the symptoms or effects of a qualifying patient’s debilitating medical condition.

(v) A physician shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by the Massachusetts Board of Medical Licensure and Discipline, for providing written recommendation for the medical use of marihuana to qualifying patients.

(vi) Any interest in or right to property that is possessed, owned, or used in connection with the medical use of marihuana, or acts incidental to such use, shall not be forfeited.

(vii) No person shall be subject to arrest or prosecution for “constructive possession,” “conspiracy,” or any other offense for simply being in the presence or vicinity of the medical use of marihuana as permitted under this chapter.

(viii) A written recommendation, a registry identification card, or equivalent, issued by another state government to permit the medical use of marihuana by a qualifying patient, or to permit a person to assist with a qualifying patient’s medical use of marihuana, shall have the same force of effect as a registry identification card issued by the department.

B. This chapter shall not permit

(i) any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana; and

(ii) the smoking of marihuana:

(a) in a school bus or other form of public transportation;

(b) on any school grounds;

(c) in any correctional facility; or

(d) at any public park, public beach, public recreation center, or youth center.

C. Nothing in this chapter shall be construed to require:

(i) a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marihuana; or

(ii) an employer to accommodate the medical use of marihuana in any workplace.

D. Notwithstanding any law to the contrary, fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marihuana to avoid arrest or prosecution shall be punishable by a fine of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for the non-medical use of marihuana.

E. Affirmative defense.

(i) A person and a person’s primary caregiver, if any, may assert the medical use of marihuana as a defense to any prosecution involving marihuana, and such defense shall be presumed valid where the evidence shows that:

(a) the person’s medical records indicate, or a physician has stated that, in the physician’s professional opinion, after having completed a full assessment of the person’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the potential benefits of the medical use of marihuana would likely outweigh the health risks for the person; and

(b) the person and the person’s primary caregiver, if any, were collectively in possession of a quantity of marihuana in excess of what is defined as personal medical use amounts in this section.

F. Repealer.

All laws and parts of laws in Massachusetts that are in conflict with this chapter are hereby repealed.

G. Severability.

Any part of this section of this chapter being held invalid as to any person or circumstances shall not affect the application of any other section of this chapter that can be given full effect without the invalid section or application.

No comments:

STICKY GREENS homepage

(watch this site for a link to the STICKY GREENS Platform Page as it develops.)

— by NormanB (“Deviations from the Norm”)
Announcing a new Green Party Caucus identity group working to Legalize Marijuana & end discrimination against its users, to promote the economic and environmental benefits of Cannabis Hemp, and to convince the Green Party of the United States to fully embrace and promote these priciples.

Today I renounce my lifelong membership in the Democratic Party, recognizing that what has been my Party increasingly panders to corporate elitists and, in serving as shill to those donors, works against the principles I hold dear. How much money would I need in order to have enough to bribe the Party leaders to turn honest? And even that wouldn’t work, because I don’t want Party leadership that responds so disgracefully to money. What I want politically is peace, freedom, human rights, economic justice, environmental protection, and honesty & accountability in Government. With the move I make today I hope to further these goals.
Here we stand at the precipice: Albert Camus’ existential dilemma as described in The Myth of Sisyphus: The most important philosophical question is Should I commit suicide? because, if the answer is Yes, then the other questions are irrelevant. Ignorance on climate issues is such a valued commodity that the US has advanced in this important field to Number One in the world. In many African countries and island nations, 90% of the populace knows how we get Global Warming. In the US, more than 100,000,000 people doubt the science. That confusion helps fossil fuel and chemical companies profiteer off pollution and market extinctions that will include our own, if we don’t stop climate change. The current Administration ignores the climate emergency: After promising responsible conscientious environmental stewardship, it has instead allowed increased emissions of every Greenhouse Gas, and has had its Environmental Protection Agency officially lie about Coal and Nuclear Power, reclassifying them as “Clean Energy.” President Obama this week endorsed corporate-sponsored superstition over science: He declared that he intends to fight Global Warming without limiting any Greenhouse Gases. But the fact is: Greenhouse Gases cause Global Warming: By increasing emissions of every Greenhouse Gas, we Cause Global Warming, not Fight it.
Sunday I attended the Massachusetts Green-Rainbow Party (GRP) Convention in Worcester. Because I was not a member of the Green Party, my name placard wasn’t colored green. GRP 2010 Gubernatorial nominee Jill Stein, co-chair of the state Party, asked me what she could do to change my placard to green. I do very much agree with Dr. Stein and Green Party concensus on issues. And during her campaign she spoke thoughtfully and forcefully about Legalization. Much more than other political candidates, she favors protecting my civil rights, as a medical user, as a religious user, and as a recreational user. In our informal group from Western Mass’s Pioneer Valley, I saw tireless hard-working dedicated activists in it for the long haul, committed to improving our country and our planet. I have long respected the work of a majority of individuals in the circle. These Are My People. I do belong.
100,000,000 US citizens have smoked Marijuana. The Democratic and Republican Parties do not want our votes. The Greens and Libertarians do want them, but no Party is doing what it takes to get them. Our campaign for Legalizing Marijuana carried 75% of the vote in Amherst, 65% statewide. Gubernatorial candidate Jill Stein only got 1.43% statewide. Both the Democratic and Republican Parties in Massachusetts are shedding members: Independents now outnumber both Parties in the state. 70% of people nationwide have said they don’t trust Democrats and 80% don’t trust Republicans. If only those two-thirds of Massachusetts citizens demanding Marijuana reform saw the Greens as allies, we’d control elections in this state. But people in the Marijuana/Cannabis/Hemp movement largely see the Greens as irrelevant, and are unaware of that plank in the Party’s official platform calling for Legalization of Medical Marijuana and protection of its patients.
Now, we the Green Party, stand at the precipice. Should we commit suicide? The Hemp movement is our natural constituency and its voters make up two-thirds of the state’s electorate. Most of us in the Hemp movement see the Greens as not caring about our rights or the rights of patients suffering and dying from lack of access to medicine. Greens are also seen as lacking important knowledge on the economic and environmental realities surrounding Cannabis Hemp, and in some cases are perceived as lacking working knowledge of Global Warming science needed to talk to certain voters. The Sticky Greens hope to correct these problems, by including on our homepage primers on the science, economics, and bigotry encountered by Hempsters.
At the Convention, our local Greens generated a list of concerns we can work on together locally that were cited in our circle. I made the first suggestion on the list, Legalilzing Marijuana. When emailed copies of the list of concerns arrived, I saw that Marijuana is included, at the end, separated from everything else, looking like an afterthought. This is the prescription for our Party’s extinction. The 20 items on the list above Marijuana all added together can get us 1.43% of the vote. Marijuana gets us 65% statewide and in Boston, 75% in Amherst, 82% nextdoor in Pelham, and 80% in nearby Wendell. I urge Pioneer Valley Greens, the entire Mass GRP, and Greens across the country to learn the language of Hemp activism immediately. And I urge the Green Party of the United States Accreditation Committee to quickly approve and accept our Caucus, as soon as we meet the requirements. We have a spectacular opportunity.
Shortly I’ll go downtown to re-register to vote, this time as a member of the Green-Rainbow Party. I’m posting these ideas to my firedoglake.com Diary blog The Daily Machine, and to MaMaMoJo, which is my partner Rachel Neulander’s non-commercial Massachusetts Marijuana Movement Journal. Beginning today, MaMaMoJournal’s left column is the Sticky Greens homepage. It will include political, historical, and scientific information about Cannabis and its integral relation to energy, climate, food production, health, human rights, and honesty in politics and business. We’ll note its relationship to LGBTIQ issues and racism. Most importantly, we’ll show how science can stop and reverse Global Warming using existing technology, and do it in time if we start right away.
I’m also sending it to our local Greens circle, to Jill Stein and her campaign staff with whom I worked, and to the Accreditation Committee of the Green Party of the United States. The Sticky Greens will quickly become an official local Green-Rainbow Party group when three of us agree to form it. To get Accreditted as a Green Caucus, better able to affect national Party policy, we’ll need 100 members spread throughout 15 states. Reaching 100 members seems easier than reaching 15 states. We’ll try.
To join the Sticky Greens just email shamanslibrary@yahoo.com & display “join” in the Subject window, and you will receive an email newsletter. But joining the Sticky Greens Caucus identity group of the Green Party of the United States requires a little more: (1) Email shamanslibrary@yahoo.com & display “caucus” in the Subject window; (2) if you are not a member of the GPUS, register to vote as a Green Party member within 7 days; and (3) in your email to shamanslibrary, include all of the following info that’s applicable: Your email address, your phone number, your name, your mailing address, and your voting address. Let's have a Party!
I have been a political activist fulltime without pay for decades, having consciously decided in 1978 to dedicate my life to the unending push for human rights, environmental integrity, economic equality, art, and culture. In the early 1990s I toured the country with the Cannabis Action Network at early Hemp Rallies on the early Hemp Tours. In that function I performed and spoke at rallies in 20 or more states, and at 30 or more colleges. Coming off tour, still in the early 1990s, I founded SPACE: The St. Petersburg [Florida] Alliance for Cannabis Emancipation. Two years and five Hemp Rallies later, we disbanded the group having achieved our objective: Educating the press and public on the issue: By our fifth Rally, both our local middle-of-the-road newspapers (the St. Petersburg Times & Tampa Tribune) published editorials favoring complete Legalization. That was in a Republican-majority city in conservative Florida. One of my fellow activists in the Massachusetts Hemp movement, John Leonard, did a study recently showing how Hemp voters can be influenced to vote for issues and Parties they knew little about. We saw how it worked at our state convention, where Katelyn Golsby was the first speaker of the Party’s Campus Leaders. I had met Katelyn and her friend Eric Cameron at the local busstop and invited them to the Rock Opera I wrote and was soon to perform at the University of Massachusetts in an event sponsored by the Cannabis Reform Coalition there. Jill Stein spoke to begin the event, then took questions. Katelyn and Eric left carrying Jill Stein campaign signs. The Rock Opera was the most attended Jill Stein event of the entire autumn campaign. And as one student activist pointed out, we’d have had ten times as many attendees if we’d had two weeks to promote it.

Our Story So Far:

Norman B writes a blog-diary on the Seminal page of firedoglake. He is a longtime political activist and bard poet-performance artist-hedge scholar. He is passionate about history and those ignorant people we are doomed to watch repeating it, classical literature, current affairs, human rights, ecology, greenhouse gases, global warming and other environmental crises and overthrowing multi-national authoritarianism with poetry. He fights the never-ending battle for truth, justice, and the eradication of japanese knotweed and other invader plant species.

I, your humble correspondant and editor, Rachel N, am the doting mother of two well grown sons, a former professional fundraiser with The Share Group in Hadley, MA, a member of the International Union of Mail Artists and WORMOAK, Women Opposed To Regular Meetings Of Any Kind. I am passionate about my kids and about Norman, and my community, a loosely knit subcultural global continuum of die hard hippie treehugging seed saving pacifistic anarchistic street theatre performing gate storming video camcording witnesses, ethnomusicological preserving folkloric record keeping cultural archivists of our parlous times.

In our spare time we would like to save the world. We tried opening a channel on Youtube called medicinesocks hoping whatever memes we might emit therefrom to that effect would either immediately save the planet or immediately inspire other people to do so, or at the very least make us instant suddenly famous millionaires. We soon found that YouTube doesn't exactly work that way, or at least not yet. Saving the planet is going to be a real challenge and I don't mean to nag or sound like your mother but this mess isn't cleaning itself up, ya know?

Norman has been working on a book for years, a monster research project that keeps embiggening in scope and depth. It's about global warming and ways to stop promoting it and heal the damages which, in its development, has opened a can of worms most people can barely comprehend. It is hard to keep loving a man whose genius so often elicits blank stares or skeptical downturns of his listener's mouths but I do. I believe he's really onto something significant we all should understand about the problems of anthropogenic causes of pollution and climate change... if you thought the carbon footprint was bad, you ought to get a load of the Other Greenhouse Gases & further noxious poisons we're unleashing. We must be vigilant against the deliberate deceptions of corporate advertising campaigns which tout a new improved so-cheap-it'll-pay-for-itself nuclear industry, clean coal, "safe" fracking, off-shore drilling and the biggest pseudo-green deception of all, the so-called "Smart" Grid.

Norman's research keeps coming back around to HEMP, and the more he looks into it the more he is convinced that growing lots of hemp ASAP could be the greenest, cleanest key to recapturing excess carbon dioxide and getting it out of the atmosphere, and that an abundant, easy to extract hemp derived natural constituent, terpenine, can (and should!) be used to replace and abolish the fastest growing current industrial application of SF6. Sulfur hexaflouride, SF6, is a filthy greenhouse gas which is 34.500 times even more pernicious than carbon dioxide in its environmental impact. Can you guess who makes SF6 and what for? Can you imagine how much money there is to be made in the timely peddling of faux green poisonous solutions to real, global environmental crises? You've heard of the carbon footprint I presume. Pretty bad, that, huh. They tell us they're working on getting Beyond Petroleum (haha, joke) because they care, they *know* now that America can't help it, even Bush said we're all junkies, addicted to this bad druglike product from under the sea and Alaska and the mysterious Orient, called oil, which we need to get from or through domination of places like Iraq, and Afghanistan, where of late we've coincidentally been bombing to smithereens the 'enemy" we presume must be hiding among the veiled women, the poppy farmers in the pay of the CIA, the hungry kids, the goats and sheep and villages we're heroically raiding and razing, in a campaign to win hearts and minds and spread whatchamacallit... where was I?... oh yeah, oil, we're there for the oil, right? Confusing, rather, and that we know, too, how oil leaves that nasty honkin carbon footprint. Which nobody can deny. Make a chart. Depict the carbon footprint in actual relative scale to the giant Bigfoot Monster footprint of SF6, and you'll begin to see, I hope, what Norm's research has uncovered. It turns out SF6 is the chemical they just quietly put into a gazillion soon to be switched on leaky switchgear boxes for those big megalo windmill farms of the future (you've probably seen many slick oil company sponsored ads about them). DON'T BELIEVE WHAT THE ADS SAY, THE SMART GRID IS STUPID! Follow the Terpenine Station Segment of this new Blog for more details.

Personal Narrative:
Monday Morning, in the wee hours.

Pain is.... such a pain.
It feels like talons, or invisible welts left by a baseball bat, on my neck, shoulders, lower back and hips,
and to make matters worse my legs are all thick,puffed up and watery and they will not move at all without cramping, it's hard not to cry... my toes aren't working right, my eyes are all swollen and blurry, my forearms and hands are seizing up and stiffening like claws, my jaw aches, my face hurts.

This is AS, ankylosing spondylitis, with a concurrent flare up of what the rheumatologist calls fibromyalgia- god, I really didn't want that second diagnosis. That's another one of those diseases half the world thinks you're faking and even the believers, the doctor who diagnosed me, for example, can't do much for. Sure, there are pills (... no thank you!) And diets and excercises and theories up the yin yang and even superlative claims on the internet of total cures possible if only you purchase so & so's book.

I buy into the diet theory, believing that yes, you can make yourself feel better or worse depending on what and how you eat. And excercise.. well, that's a challenge when I'm feeling like pulverized crud but I move and stretch and breathe in ways I learned as a youngster practicing yoga and this also is helpful. Sometimes I just stay as still and calm and centered as I can and just focus on keeping breathing, like a zazen practitioner, and that's the only way through the worst moments. My mantram; Don't just do something, sit there!

Most people I know cannot sit still for long without feeling terribly guilty and remiss about the things they aren't getting to. Some people can't help but betray the subtle judgment they feel about inactivity, the suspicion that a person who hardly moves for days on end is really reprehensible... so many of my friends, no matter how exhausted they are will continue to push themselves through harrowing daily routines, complaining cheerfully and swilling coffee at regular intervals (with many wry, self-depracating references to their evil caffeine habits) in order to fuel and sustain the hectic pace of their lives. There is merit and self worth to be attained by pushing through one's tiredness and pain, none in attending to it, or in stopping when the body says to stop. You're never supposed to stop. Everyone I know has a personal narrative in which they heroically fight the overwhelming need for rest and soldier on through a tedious series of obligatory tasks, after all there's so much on the To Do list, so little time to do it all in.

The way I live around my pain is the mirror bizarro world image of that approach. In a world of pain, there is time, lots and lots of it, long elastic stretches of it, and veeeery very little to do in it. A vast stillness. So much time. But it's hard to think when you're in pain. it's hard to organize a thought, let alone a plan...

But I surprise myself, sometimes. If you can't exactly think, you intuit. And what you focus on grows, so I focus away from the pain and do what I love: examples: I talk to Norm, I rub his back, (this has helped him immeasurably and taught him how to massage me...) Intuition is contageous!

Sometimes when my hands free up I can play guitar: while playing, the music is everything, there's no pain.

I cook, I clean haphazardly, water the plants, play with the cats, I talk to one son on the phone and email the other, I make art (drawings, collage), & I made, until recently when the old Mac computer went pop! fizz...croak, videos. I've shot and edited more than two hundred short videos in the past three years...

A few times a year I get civic somehow and with the other volunteers or in whatever context I'm being active I complain cheerfully about how exhausting and daunting it is to do anything, and drink coffee and chime in along with everyone else about the terrible situation out there that we're trying to stop or change or at least wake other people up to that's so much more important than our insignificant (by comparison) aches and pains.

Why did I start this blog? What have I gotten myself into? It's too hard! I try to add more google gadgets, and dammit they aren't adding! Why??? HTML script? What tha heck is that... Wait... No! I'm not going to do that. I'm not going to give voice or fuel of any sort now to the inner saboteur. Shut up, inner sabo.

I started this blog, Dear Reader, because of the pain, mine and not just mine, yours, everybody's, and because of the one thing I know about getting anything done; that if I focus on this project, even a little bit each day, if I pace myself, and rest through the flares of illness, this project, this movement will grow. My little effort will grow it... I wish it were all spiffed up and beautiful already! I wish I had found a way to upload the articles that came in for today. John Dvorak has graciously contributed, Terry Franklin is on board and has promised to write, Norm, too says he'll write something... I wish the *other people* I've contacted would get back to me... (hint hint!)

This Saturday a local wizard who helps folks with disabilities with computer support will be reinstating my home video editing capability. That's good because there's already a whole hour of documented Massachusetts Hemp Historical Narrative sitting in my camera waiting to be edited into pithy zen koan highlights of the discussion and offered up for your perusal.

People, thanks for your attention. I am tired. The pain is huge and amorphous now, and very rude, clamoring for my attention, and I want to resist it and pay attention only to Project MaMaMoJo, but it's time to stop for now. I'm going to put the MaMa, and me, to bed for a while, and allow your kind attention to wander where it will.

Thursday, March 3, 2011

Bill S00818 By Mr. McGee

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