Minnesota

[palmspringsbum]

Apr 1, 2006 2:03 pm US/Central

MN Lawmakers Mull Medical Marijuana Bill

www.wcco.com
Pat Kessler
Reporting

(WCCO) Medical marijuana is already legal in 11 states under tightly regulated conditions. Could Minnesota become the 12th?

For some people with debilitating diseases or chronic illnesses, smoking pot is the only relief they can get from the pain. But legalizing it for medical purposes isn't simple after years spent fighting recreational marijuana use.

Irvin Rosenfeld, a 53-year-old stockbroker from Fort Lauderdale, Fla., recently lit up a marijuana cigarette outside Minnesota's State Capitol. Rosenfeld, who suffers from a rare bone disease, is one of seven Americans who get free marijuana from the federal government.

"I am not a criminal," Rosenfeld explained, "but somebody else in your state using the same substance can be put in jail. That just doesn't seem fair."

That's exactly how Darrell Paulsen feels. He's in constant pain from cerebral palsy. He buys his pot illegally from drug dealers.

"When I smoke cannabis or use cannabis, it relaxes my muscles to the point where I don't have the pressure," Paulsen said.

The patients WCCO-TV spoke to said they don't get high from smoking marijuana -- they just get relief.

Sen. Steve Kelley, DFL-Hopkins, says for certain people, pain can only be relieved by pot. He calls legalization the ethical thing to do.

"They got a disease or they were in an accident," Kelley said. "They didn't choose to be in that culture. That was given to them."

It's a tough call for many lawmakers who say legalizing a drug they normally fight sends a confusing message.

"There will be children that will have access to marijuana, that will experiment because of this proposal," said Sen. Julianne Ortman, R-Chanhassen.

If medical marijuana is ever legalized in Minnesota, it would have to be provided by private suppliers who would be licensed by the state to grow and sell it to users.

The current bill would allow 12 marijuana plants per patient, who could carry with them 2.5 ounces of usable pot. They'd also have a special card in case they were stopped by police.

(© MMVI, CBS Broadcasting Inc. All Rights Reserved.)

[palmspringsbum]

Posted on Tue, May. 09, 2006

Pawenty opposes bill legalizing marijuana for limited medical use

The Grand Forks Herald
Associated Press


Gov. Tim Pawlenty said today he doesn't approve of a bill to legalize marijuana for limited medical use. The Republican governor said it's not medically necessary. "I think it is an unneeded and unwise proposal," Pawlenty said.

Pawlenty's comments came about an hour after medical marijuana backers held a news conference urging Republican lawmakers to support the bill, which awaits a vote on the Senate floor but hasn't made it out of committee in the GOP-led House.

The legislation would allow registered patients to buy and use small quantities of marijuana as part of their treatment. Several people suffering from cancer and other conditions spoke at the news conference, saying the drug helped them overcome nausea and withstand harsh regimens such as chemotherapy.

"My doctor and I agree that marijuana works for me," said Don Haumant, a Minneapolis man who suffers from advanced liver disease and previously used marijuana as a registered patient in California, where the practice is legal.

[palmspringsbum]

H.F. No. 2151, as introduced - 84th Legislative Session (2005-2006) Posted on Mar 29, 2005
http://www.revisor.leg.state.mn.us/bin/ ... ssion=ls84


<pre>
1.1 A bill for an act
1.2 relating to health; providing for the medical use of
1.3 marijuana; providing civil and criminal penalties;
1.4 proposing coding for new law in Minnesota Statutes,
1.5 chapter 152.
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [152.22] [DEFINITIONS.]
1.8 Subdivision 1. [APPLICABILITY.] For purposes of sections
1.9 152.22 to 152.31, the terms defined in this section have the
1.10 meanings given them.
1.11 Subd. 2. [COMMISSIONER.] "Commissioner" means the
1.12 commissioner of health.
1.13 Subd. 3. [DEBILITATING MEDICAL CONDITION.] "Debilitating
1.14 medical condition" means:
1.15 (1) cancer, glaucoma, acquired immune deficiency syndrome,
1.16 hepatitis C, or the treatment of these conditions;
1.17 (2) a chronic or debilitating disease or medical condition
1.18 or its treatment that produces one or more of the following:
1.19 cachexia or wasting syndrome; severe or chronic pain; severe
1.20 nausea; seizures, including but not limited to those
1.21 characteristic of epilepsy; severe and persistent muscle spasms,
1.22 including but not limited to those characteristic of multiple
1.23 sclerosis and Crohn's disease; or agitation of Alzheimer's
1.24 disease;
1.25 (3) the condition of an HIV-positive patient when the
2.1 patient's condition has worsened and the patient's physician
2.2 believes the patient could benefit from consumption of
2.3 marijuana; or
2.4 (4) any other medical condition or its treatment approved
2.5 by the commissioner under section 152.24.
2.6 Subd. 4. [MEDICAL USE.] "Medical use" means the
2.7 acquisition, possession, cultivation, manufacture, use,
2.8 delivery, transfer, or transportation of marijuana or
2.9 paraphernalia relating to the consumption of marijuana to
2.10 alleviate a registered qualifying patient's debilitating medical
2.11 condition or symptoms associated with the medical condition.
2.12 Subd. 5. [PRACTITIONER.] "Practitioner" means a person who
2.13 is licensed with the authority to prescribe drugs under section
2.14 151.01, subdivision 23.
2.15 Subd. 6. [PRIMARY CAREGIVER.] "Primary caregiver" means a
2.16 person who is at least 18 years old and who has agreed to assist
2.17 with a qualifying patient's medical use of marijuana. A primary
2.18 caregiver may assist no more than five qualifying patients with
2.19 their medical use of marijuana.
2.20 Subd. 7. [QUALIFYING PATIENT.] "Qualifying patient" means
2.21 a person who has been diagnosed by a practitioner as having a
2.22 debilitating medical condition.
2.23 Subd. 8. [REGISTRY IDENTIFICATION CARD.] "Registry
2.24 identification card" means a document issued by the commissioner
2.25 that identifies a person as a qualifying patient or primary
2.26 caregiver.
2.27 Subd. 9. [USABLE MARIJUANA.] "Usable marijuana" means the
2.28 dried leaves and flowers of the marijuana plant, and any mixture
2.29 or preparation thereof, but does not include the seeds, stalks,
2.30 and roots of the plant.
2.31 Subd. 10. [WRITTEN CERTIFICATION.] "Written certification"
2.32 means the qualifying patient's medical records, or a statement
2.33 signed by a practitioner, stating that in the practitioner's
2.34 professional opinion the potential benefits of the medical use
2.35 of marijuana would likely outweigh the health risks for the
2.36 qualifying patient. A written certification shall only be made
3.1 in the course of a bona fide practitioner-patient relationship
3.2 after the practitioner has completed a full assessment of the
3.3 qualifying patient's medical history. The written certification
3.4 shall specify the qualifying patient's debilitating medical
3.5 condition or conditions.
3.6 Sec. 2. [152.23] [PROTECTIONS FOR THE MEDICAL USE OF
3.7 MARIJUANA.]
3.8 Subdivision 1. [QUALIFYING PATIENT.] A qualifying patient
3.9 who has a registry identification card in possession shall not
3.10 be subject to arrest, prosecution, or penalty in any manner or
3.11 denied any right or privilege, including but not limited to
3.12 civil penalty or disciplinary action by a business,
3.13 occupational, or professional licensing board or bureau, for the
3.14 medical use of marijuana, provided that the qualifying patient
3.15 possesses an amount of marijuana that does not exceed 12
3.16 marijuana plants and 2.5 ounces of usable marijuana.
3.17 Subd. 2. [PRIMARY CAREGIVER.] A primary caregiver who has
3.18 a registry identification card in possession shall not be
3.19 subject to arrest, prosecution, or penalty in any manner or
3.20 denied any right or privilege, including but not limited to
3.21 civil penalty or disciplinary action by a business,
3.22 occupational, or professional licensing board or bureau, for
3.23 assisting a qualifying patient to whom the caregiver is
3.24 connected through the commissioner's registration process with
3.25 the medical use of marijuana, provided that the primary
3.26 caregiver possesses an amount of marijuana that does not exceed
3.27 12 marijuana plants and 2.5 ounces of usable marijuana for each
3.28 qualifying patient to whom the caregiver is connected through
3.29 the commissioner's registration process.
3.30 Subd. 3. [DISCRIMINATION PROHIBITED.] No school, employer,
3.31 or landlord may refuse to enroll, employ, lease to, or otherwise
3.32 penalize a person solely for the person's status as a registered
3.33 qualifying patient or a registered primary caregiver.
3.34 Subd. 4. [PRESUMPTION.] (a) There is a presumption that a
3.35 qualifying patient or primary caregiver is engaged in the
3.36 medical use of marijuana if the qualifying patient or primary
4.1 caregiver:
4.2 (1) is in possession of a registry identification card; and
4.3 (2) is in possession of an amount of marijuana that does
4.4 not exceed the amount permitted under sections 152.22 to 152.31.
4.5 (b) The presumption may be rebutted by evidence that
4.6 conduct related to marijuana was not for the purpose of
4.7 alleviating the qualifying patient's debilitating medical
4.8 condition or symptoms associated with the medical condition.
4.9 Subd. 5. [CAREGIVER'S REIMBURSEMENT.] A primary caregiver
4.10 may receive reimbursement for costs associated with assisting
4.11 with a registered qualifying patient's medical use of marijuana.
4.12 Compensation does not constitute sale of controlled substances.
4.13 Subd. 6. [PRACTITIONER.] A practitioner shall not be
4.14 subject to arrest, prosecution, or penalty in any manner or
4.15 denied any right or privilege, including but not limited to
4.16 civil penalty or disciplinary action by the Board of Medical
4.17 Practice or by another business, occupational, or professional
4.18 licensing board or bureau, solely for providing written
4.19 certifications or otherwise stating that, in the practitioner's
4.20 professional opinion, the potential benefits of the medical use
4.21 of marijuana would likely outweigh the health risks for a
4.22 patient.
4.23 Subd. 7. [PROPERTY RIGHTS.] (a) Any interest in or right
4.24 to property that is possessed, owned, or used in connection with
4.25 the medical use of marijuana, or acts incidental to such use, is
4.26 not forfeited.
4.27 (b) A law enforcement agency that seizes and does not
4.28 return usable marijuana to a registered qualifying patient or a
4.29 registered primary caregiver is liable to the cardholder for the
4.30 fair market value of the marijuana.
4.31 Subd. 8. [ARREST AND PROSECUTION PROHIBITED.] No person is
4.32 subject to arrest or prosecution for constructive possession,
4.33 conspiracy, aiding and abetting, being an accessory, or any
4.34 other offense for being in the presence or vicinity of the
4.35 medical use of marijuana as permitted under sections 152.22 to
4.36 152.31 or for assisting a registered qualifying patient with
5.1 using or administering marijuana.
5.2 Subd. 9. [RECIPROCITY.] A registry identification card, or
5.3 its equivalent, issued under the laws of another state, United
5.4 States territory, or the District of Columbia to permit the
5.5 medical use of marijuana by a qualifying patient, or to permit a
5.6 person to assist with a qualifying patient's medical use of
5.7 marijuana, shall have the same force and effect as a registry
5.8 identification card issued by the commissioner.
5.9 Sec. 3. [152.24] [RULEMAKING.]
5.10 (a) Not later than 90 days after the effective date of this
5.11 section, the commissioner shall adopt rules governing the manner
5.12 in which the commissioner shall consider petitions from the
5.13 public to add debilitating medical conditions to those included
5.14 under section 152.22, subdivision 3. When considering
5.15 petitions, the commissioner shall give public notice of and an
5.16 opportunity to comment at a public hearing upon the petitions.
5.17 The commissioner shall, after a public hearing, approve or deny
5.18 petitions within 180 days of submission. The approval or denial
5.19 of a petition is a final agency action, subject to judicial
5.20 review. Jurisdiction and venue for judicial review are vested
5.21 in the district court. The denial of a petition does not
5.22 disqualify qualifying patients with that condition if they have
5.23 a debilitating medical condition. The denial of a petition does
5.24 not prevent a person with the denied condition from raising an
5.25 affirmative defense.
5.26 (b) Not later than 90 days after the effective date of this
5.27 section, the commissioner shall adopt rules governing the manner
5.28 in which the commissioner shall consider applications for and
5.29 renewals of registry identification cards for qualifying
5.30 patients and primary caregivers. Notwithstanding section
5.31 16A.1283, the commissioner shall establish application and
5.32 renewal fees that generate revenues sufficient to offset all
5.33 expenses of implementing and administering sections 152.22 to
5.34 152.31. The commissioner may vary the application and renewal
5.35 fees along a sliding scale that accounts for a qualifying
5.36 patient's income. The commissioner may accept donations from
6.1 private sources to reduce the application and renewal fees.
6.2 Sec. 4. [152.25] [REGISTRY IDENTIFICATION CARDS;
6.3 ISSUANCE.]
6.4 Subdivision 1. [REQUIREMENTS; ISSUANCE.] (a) The
6.5 commissioner shall issue registry identification cards to
6.6 qualifying patients who submit:
6.7 (1) a written certification;
6.8 (2) the application or renewal fee;
6.9 (3) the name, address, and date of birth of the qualifying
6.10 patient, except that if the applicant is homeless, no address is
6.11 required;
6.12 (4) the name, address, and telephone number of the
6.13 qualifying patient's practitioner; and
6.14 (5) the name, address, and date of birth of each primary
6.15 caregiver of the qualifying patient, if any.
6.16 (b) The commissioner shall not issue a registry
6.17 identification card to a qualifying patient under the age of 18
6.18 unless:
6.19 (1) the qualifying patient's practitioner has explained the
6.20 potential risks and benefits of the medical use of marijuana to
6.21 the qualifying patient and to a parent, guardian, or person
6.22 having legal custody of the qualifying patient; and
6.23 (2) a parent, guardian, or person having legal custody
6.24 consents in writing to:
6.25 (i) allow the qualifying patient's medical use of
6.26 marijuana;
6.27 (ii) serve as one of the qualifying patient's primary
6.28 caregivers; and
6.29 (iii) control the acquisition of marijuana, the dosage, and
6.30 the frequency of the medical use of marijuana by the qualifying
6.31 patient.
6.32 (c) The commissioner shall verify the information contained
6.33 in an application or renewal submitted under this section and
6.34 shall approve or deny an application or renewal within 15 days
6.35 of receiving it. The commissioner may deny an application or
6.36 renewal only if the applicant did not provide the information
7.1 required under this section or if the commissioner determines
7.2 that the information provided was falsified. Rejection of an
7.3 application or renewal is a final agency action, subject to
7.4 judicial review. Jurisdiction and venue for judicial review are
7.5 vested in the district court.
7.6 (d) The commissioner shall issue a registry identification
7.7 card to each primary caregiver, if any, who is named in a
7.8 qualifying patient's approved application, up to a maximum of
7.9 two primary caregivers per qualifying patient.
7.10 (e) The commissioner shall issue a registry identification
7.11 card within five days of approving an application or renewal.
7.12 The card expires one year after the date of issuance. A
7.13 registry identification card shall contain:
7.14 (1) the name, address, and date of birth of the qualifying
7.15 patient;
7.16 (2) the name, address, and date of birth of each primary
7.17 caregiver of the qualifying patient, if any;
7.18 (3) the date of issuance and expiration date of the
7.19 registry identification card;
7.20 (4) a random registry identification number; and
7.21 (5) a photograph, if the commissioner adopts rules to
7.22 require one.
7.23 Subd. 2. [NOTIFICATION OF CHANGES; PENALTIES.] (a) A
7.24 qualifying patient who has been issued a registry identification
7.25 card shall notify the commissioner within ten days of any change
7.26 in the qualifying patient's name, address, or primary caregiver
7.27 or if the qualifying patient ceases to have a debilitating
7.28 medical condition.
7.29 (b) Failure to notify the commissioner of a change as
7.30 required under paragraph (a) is a civil violation, punishable by
7.31 a fine of no more than $150. If the person has ceased to have a
7.32 debilitating medical condition, the card is null and void and
7.33 the person is liable for any other penalties that may apply to
7.34 the person's nonmedical use of marijuana.
7.35 (c) A registered primary caregiver shall notify the
7.36 commissioner within ten days of any change in the caregiver's
8.1 name or address. Failure to notify the commissioner of the
8.2 change is a civil violation, punishable by a fine of no more
8.3 than $150.
8.4 (d) When a qualifying patient or primary caregiver notifies
8.5 the commissioner of any changes under this subdivision, the
8.6 commissioner shall issue the qualifying patient and each primary
8.7 caregiver a new registry identification card within ten days of
8.8 receiving the updated information and a $10 fee.
8.9 (e) When a registered qualifying patient ceases to use the
8.10 assistance of a registered primary caregiver, the commissioner
8.11 shall notify the primary caregiver within ten days. The primary
8.12 caregiver's protections as provided under section 152.23 expire
8.13 ten days after notification by the commissioner.
8.14 Subd. 3. [LOST CARDS.] If a registered qualifying patient
8.15 or a registered primary caregiver loses a registry
8.16 identification card, the patient or caregiver shall notify the
8.17 commissioner and submit a $10 fee within ten days of losing the
8.18 card. Within five days, the commissioner shall issue a new
8.19 registry identification card with a new random identification
8.20 number.
8.21 Subd. 4. [CARD AS PROBABLE CAUSE.] Possession of, or
8.22 application for, a registry identification card does not
8.23 constitute probable cause or reasonable suspicion, nor shall it
8.24 be used to support search of the person or property of the
8.25 person possessing or applying for the registry identification
8.26 card, or otherwise subject the person or property of the person
8.27 to inspection by any governmental agency.
8.28 Subd. 5. [CONFIDENTIALITY.] (a) Registration applications
8.29 and supporting information submitted by qualifying patients,
8.30 including information regarding their primary caregivers and
8.31 practitioners, are confidential.
8.32 (b) The commissioner shall maintain a confidential list of
8.33 the persons to whom the commissioner has issued registry
8.34 identification cards. Individual names and other identifying
8.35 information on the list are private data on individuals under
8.36 chapter 13 and are not subject to disclosure, except to
9.1 authorized employees of the Department of Health as necessary to
9.2 perform official duties of the department.
9.3 (c) The commissioner shall verify to law enforcement
9.4 personnel whether a registry identification card is valid solely
9.5 by confirming the random registry identification card number.
9.6 (d) It is a crime, punishable by up to 180 days in jail and
9.7 a $1,000 fine, for a person, including an employee or official
9.8 of the Department of Health or another state agency or local
9.9 government, to breach the confidentiality of information
9.10 obtained under sections 152.22 to 152.31. Notwithstanding this
9.11 paragraph, employees of the Department of Health may notify law
9.12 enforcement about falsified or fraudulent information submitted
9.13 to the commissioner.
9.14 Subd. 6. [REPORT.] The commissioner shall report annually
9.15 to the legislature on the number of applications for registry
9.16 identification cards, the number of qualifying patients and
9.17 primary caregivers approved, the nature of the debilitating
9.18 medical conditions of the qualifying patients, the number of
9.19 registry identification cards revoked, and the number of
9.20 practitioners providing written certification for qualifying
9.21 patients. The commissioner shall not provide any identifying
9.22 information of qualifying patients, primary caregivers, or
9.23 practitioners.
9.24 Subd. 7. [OFFICIAL SANCTIONS.] Any state or local law
9.25 enforcement official who knowingly cooperates with federal law
9.26 enforcement agents to arrest, investigate, prosecute, or search
9.27 a registered qualifying patient or a registered primary
9.28 caregiver or a patient's or caregiver's property for acting in
9.29 compliance with sections 152.22 to 152.31 shall have the
9.30 official's employment suspended or terminated.
9.31 Sec. 5. [152.26] [CONSTRUCTION.]
9.32 (a) Sections 152.22 to 152.31 do not permit:
9.33 (1) a person to undertake a task under the influence of
9.34 marijuana, when doing so would constitute negligence or
9.35 professional malpractice;
9.36 (2) smoking of marijuana:
10.1 (i) in a school bus or other form of public transportation;
10.2 (ii) on school grounds;
10.3 (iii) in a correctional facility; or
10.4 (iv) in any public place; and
10.5 (3) a person to operate, navigate, or be in actual physical
10.6 control of any motor vehicle, aircraft, or motorboat while under
10.7 the influence of marijuana. However, a registered qualifying
10.8 patient shall not be considered to be under the influence solely
10.9 for having marijuana metabolites in the patient's system.
10.10 (b) Nothing in sections 152.22 to 152.31 shall be construed
10.11 to require:
10.12 (1) a government medical assistance program or private
10.13 health insurer to reimburse a person for costs associated with
10.14 the medical use of marijuana; or
10.15 (2) an employer to accommodate the medical use of marijuana
10.16 in any workplace.
10.17 Sec. 6. [152.27] [PENALTIES.]
10.18 Fraudulent representation to a law enforcement official of
10.19 any fact or circumstance relating to the medical use of
10.20 marijuana to avoid arrest or prosecution is punishable by a fine
10.21 of $500, which shall be in addition to any other penalties that
10.22 may apply for making a false statement and for the nonmedical
10.23 use of marijuana.
10.24 Sec. 7. [152.28] [AFFIRMATIVE DEFENSE AND DISMISSAL FOR
10.25 MEDICAL USE OF MARIJUANA.]
10.26 (a) Except as provided in section 152.27, a person and a
10.27 person's primary caregiver, if any, may assert the medical
10.28 purpose for using marijuana as a defense to any prosecution
10.29 involving marijuana, and such defense shall be presumed valid
10.30 where the evidence shows that:
10.31 (1) the person's medical records indicate, or a
10.32 practitioner has stated that, in the practitioner's professional
10.33 opinion, after having completed a full assessment of the
10.34 person's medical history and current medical condition made in
10.35 the course of a bona fide practitioner-patient relationship, the
10.36 potential benefits of using marijuana for medical purposes would
11.1 likely outweigh the health risks for the person; and
11.2 (2) the person and the person's primary caregiver, if any,
11.3 were collectively in possession of a quantity of marijuana that
11.4 was not more than was reasonably necessary to ensure the
11.5 uninterrupted availability of marijuana for the purpose of
11.6 alleviating the person's medical condition or symptoms
11.7 associated with the medical condition.
11.8 (b) A person may assert the medical purpose for using
11.9 marijuana in a motion to dismiss and the charges shall be
11.10 dismissed following an evidentiary hearing when the defendant
11.11 shows the elements listed in paragraph (a).
11.12 (c) Any interest in or right to property that was
11.13 possessed, owned, or used in connection with a person's use of
11.14 marijuana for medical purposes is not forfeited if the person or
11.15 the person's primary caregiver demonstrates the person's medical
11.16 purpose for using marijuana pursuant to sections 152.22 to
11.17 152.31.
11.18 Sec. 8. [152.29] [COMMISSIONER'S FAILURE TO ACT.]
11.19 (a) If the commissioner fails to adopt rules to implement
11.20 sections 152.22 to 152.31 within 120 days of the effective date
11.21 of this section, a qualifying patient may commence an action in
11.22 a court of competent jurisdiction to compel the commissioner to
11.23 perform the actions mandated under sections 152.22 to 152.31.
11.24 (b) If the commissioner fails to issue a valid registry
11.25 identification card in response to a valid application submitted
11.26 according to section 152.25 within 20 days of its submission,
11.27 the registry identification card shall be deemed granted and a
11.28 copy of the registry identification application shall be deemed
11.29 a valid registry identification card.
11.30 Sec. 9. [152.30] [SEVERABILITY.]
11.31 Any provision of sections 152.22 to 152.31 being held
11.32 invalid as to any person or circumstances shall not affect the
11.33 application of any other provision of sections 152.22 to 152.31
11.34 that can be given full effect without the invalid section or
11.35 application.
11.36 Sec. 10. [152.31] [REGISTERED ORGANIZATION.]
12.1 Subdivision 1. [DEFINITION.] For purposes of this section,
12.2 "registered organization" means a nonprofit entity registered
12.3 with the commissioner under this section that acquires,
12.4 possesses, cultivates, manufactures, delivers, transfers,
12.5 transports, supplies, or dispenses marijuana, cultivation
12.6 equipment, related supplies and educational materials, or
12.7 marijuana seeds to registered qualifying patients and their
12.8 registered primary caregivers. A registered organization is a
12.9 primary caregiver, although it may supply marijuana to any
12.10 number of registered qualifying patients who have designated it
12.11 as one of their primary caregivers.
12.12 Subd. 2. [REGISTRATION REQUIREMENTS.] (a) The commissioner
12.13 shall issue a registered organization license within 20 days to
12.14 any person who complies with rules adopted by the commissioner
12.15 and provides:
12.16 (1) a fee in an amount established by the commissioner
12.17 notwithstanding section 16A.1283, which shall not exceed $1,000;
12.18 (2) the name of the registered organization;
12.19 (3) the physical addresses of the registered organization
12.20 and any other real property where marijuana is to be possessed,
12.21 cultivated, manufactured, supplied, or dispensed relating to the
12.22 operations of the registered organization; and
12.23 (4) the name, address, and date of birth of any person who
12.24 is an agent of or employed by the registered organization.
12.25 (b) The commissioner shall issue each agent and employee of
12.26 a registered organization a registry identification card for a
12.27 cost of $10 each within ten days of receipt of the person's
12.28 identifying information and the fee. Each card shall specify
12.29 that the cardholder is an employee or agent of a registered
12.30 organization.
12.31 Subd. 3. [EXPIRATION.] A license for a registered
12.32 organization and each employee or agent registry identification
12.33 card expires one year after the date of issuance.
12.34 Subd. 4. [RULEMAKING.] Not later than 90 days after the
12.35 effective date of this section, the commissioner shall adopt
12.36 rules to implement this section, including:
13.1 (1) procedures for the oversight of registered
13.2 organizations, record keeping and reporting requirements for
13.3 registered organizations, procedures for the transference or
13.4 sale of seized cultivation equipment and related supplies from
13.5 law enforcement agencies to registered organizations, and
13.6 procedures for suspending or terminating the licenses of
13.7 registered organizations; and
13.8 (2) the form and content of the license and renewal
13.9 applications.
13.10 Subd. 5. [INSPECTION.] Registered organizations are
13.11 subject to reasonable inspection by the commissioner to
13.12 determine that applicable rules are being followed. Reasonable
13.13 notice shall be given prior to the inspections.
13.14 Subd. 6. [ORGANIZATION REQUIREMENTS.] (a) Registered
13.15 organizations must be established as nonprofit entities.
13.16 Registered organizations are subject to all applicable state
13.17 laws governing nonprofit entities, but need not be recognized as
13.18 a 501(c)(3) organization by the Internal Revenue Service.
13.19 (b) Registered organizations may not be located within 500
13.20 feet of the property line of a public school, private school, or
13.21 structure used primarily for religious services or worship.
13.22 (c) The operating documents of a registered organization
13.23 shall include procedures for the oversight of the registered
13.24 organization and procedures to ensure adequate record keeping.
13.25 (d) A registered organization shall notify the commissioner
13.26 within ten days of when an employee or agent ceases to work at
13.27 the registered organization.
13.28 (e) The registered organization shall notify the
13.29 commissioner before a new agent or employee begins working at
13.30 the registered organization, in writing, and the organization
13.31 shall submit a $10 fee for the person's registry identification
13.32 card.
13.33 (f) No registered organization shall be subject to
13.34 prosecution, search, seizure, or penalty in any manner or denied
13.35 any right or privilege, including but not limited to civil
13.36 penalty or disciplinary action by a business, occupational, or
14.1 professional licensing board or bureau, for acting according to
14.2 sections 152.22 to 152.31 and rules adopted thereunder to assist
14.3 registered qualifying patients to whom it is connected through
14.4 the commissioner's registration process with the medical use of
14.5 marijuana, provided that the registered organization possesses
14.6 an amount of marijuana that does not exceed 12 marijuana plants
14.7 and 2.5 ounces of usable marijuana for each registered
14.8 qualifying patient.
14.9 (g) No employees, agents, or board members of a registered
14.10 organization shall be subject to arrest, prosecution, search,
14.11 seizure, or penalty in any manner or denied any right or
14.12 privilege, including but not limited to civil penalty or
14.13 disciplinary action by a business, occupational, or professional
14.14 licensing board or bureau, for working for a registered
14.15 organization according to sections 152.22 to 152.31.
14.16 (h) The registered organization is prohibited from:
14.17 (1) obtaining marijuana from outside the state in violation
14.18 of federal law; or
14.19 (2) acquiring, possessing, cultivating, manufacturing,
14.20 delivering, transferring, transporting, supplying, or dispensing
14.21 marijuana for any purpose except to assist registered qualifying
14.22 patients with the medical use of marijuana directly or through
14.23 the qualifying patients' other primary caregivers.
14.24 (i) A municipality may not prevent a registered
14.25 organization from operating according to sections 152.22 to
14.26 152.31 in an area where zoning permits retail businesses.
14.27 (j) If provisions of this section are enjoined or declared
14.28 unconstitutional, then enforcing laws against delivery of
14.29 marijuana for consideration to registered qualifying patients
14.30 shall be the lowest priority of law enforcement.
14.31 Sec. 11. [EFFECTIVE DATE.]
14.32 Sections 1 to 10 are effective the day following final
14.33 enactment.
</pre>

[palmspringsbum]

Rep. Huntley: Ruling Confirms Minnesota Can Protect Medical Marijuana Patients

California Judge Tosses Out Challenge to Medical Marijuana Laws

December 7, 2006
The Marijuana Policy Project

ST. PAUL, MINNESOTA — Yesterday's ruling rejecting a challenge to California's medical marijuana law removes all doubt that Minnesota has the right to pass similar legislation, Rep. Tom Huntley (DFL-Duluth) said today. Huntley has been the lead sponsor of legislation in the Minnesota House of Representatives that would allow Minnesota patients suffering from terminal and chronic illnesses to use marijuana if their physician has certified that the patient would benefit.

"This ruling removes any doubt that our state can act to protect medical marijuana patients from arrest under state law, regardless of federal policy, and there is no reason not to pass this bill promptly," Huntley said. Rep. Huntley will be chairman of the Health and Human Services Finance Committee in the 2007 Legislature. A Ph.D. biochemist, Rep. Huntley has helped train a generation of Minnesota physicians as a member of the medical school faculty at the University of Minnesota - Duluth.

In the California case, San Diego County sought to overturn the state's medical marijuana law and a program under which counties were required to issue ID cards identifying legally qualified medical marijuana patients, claiming that federal law bars the state from enacting such a program. Superior Court Judge William R. Nevitt Jr. flatly rejected the argument, writing, "Requiring the counties to issue identification cards for the purpose of identifying those whom California chooses not to arrest and prosecute for certain activities involving marijuana use does not create a 'positive conflict'" with federal law. Nevitt had already issued a tentative ruling Nov. 16 rejecting the county’s argument.

"This ruling comes as no surprise, given that state medical marijuana laws have been protecting thousands of patients for the past 10 years without previously being challenged," said Zane Hurst, legislative analyst for the Marijuana Policy Project in Washington, D.C. "With the California ruling ending all doubt that Minnesota can protect medical marijuana patients, we look forward to supporting Representative Huntley's efforts to pass medical marijuana legislation in 2007."

With more than 21,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

Date: 12/7/2006

[palmspringsbum]

Posted on Mon, Jan. 29, 2007

Medical marijuana proposal on table

RACHEL E. STASSEN-BERGER
Pioneer Press

Minnesota Senators Monday introduced a measure to allow the chronically ill and dying to use marijuana without breaking state law.

The proposal is not a new one. In each of the last two years, Senate committees have approved similar measures but it never moved on to full Senate approval.

About a dozen states already allow the critically ill to use marijuana but such laws have run into legal problems because marijuana is still a federally forbidden substance.

To read the Minnesota proposal go to http://www.senate.mn and search for SF345

[palmspringsbum]

Published - Thursday, February 01, 2007

Healthy weed: Lawmakers aim to pass medical marijuana bill


By Brian Voerding | Winona Daily News


State Sen. Steve Murphy and other Minnesota lawmakers are making another run at passing a medical marijuana bill.

Lawmakers have introduced similar bills several times in recent years, though none have ever come close to final approval.

“We’re talking about quality of life issues,” said Murphy, a DFLer from Red Wing and chief author of the bill. “This isn’t for everybody. This is another tool in the doctor’s toolbox, if (the patient) feels it’s appropriate and they’re willing to give it a try.”

Murphy said he warmed up to the proposal two years ago when his father died of cancer after nine months of intense pain.

“If that would have been an option for him and he would have chosen it, I would have understood,” he said. “I watched him waste away, and he was in incredible pain.”

Under the legislation, anyone who suffers from a “chronic or debilitating disease” would qualify to receive a registration card and get up to 12 plants or 2.5 ounces of marijuana.

Marijuana can help alleviate pain, loss of appetite, nausea and vomiting — common symptoms associated with chronic illnesses. It’s most commonly used by patients with AIDS, cancer, glaucoma, severe arthritis and multiple sclerosis among other diseases. Some patients use it to avoid getting addicted to prescription painkillers such as Vicodin.

Some doctors and other health officials have spoken against the legislation because smoking can lead to respiratory disease; in response, drug companies have developed ways to distribute marijuana through a prescription inhaler.

Former Winona senator Bob Kierlin carried the bill in 2005; he said then that he supported the bill out of compassion for suffering patients.

Eleven states have legalized medical marijuana in some form, though conflicts have arisen because federal courts don’t always recognize state legislation.

Washington in particular has struggled with vague laws. One patient who was arrested three years ago for using marijuana took a case all the way to the Washington Supreme Court, which upheld her sentence of two months’ home confinement. Some growers and state advocacy groups have been subjected to raids by federal drug officials.

For more information on the legislation, go online to www.senate.mn and enter SF345 in the search box in the upper left corner.

Reporter Brian Voerding can be reached at (507) 453-3514 or at bvoerding@winonadailynews.com.

[palmspringsbum]

Medical marijuana bill introduced

The Chaska Herald
Submitted by MFrancisco on February 7, 2007 - 12:28pm.
Filed under: State Politics

A bill was introduced to the Minnesota House Monday that would legalize medical marijuana in Minnesota. A similar bill was recently introduced in the Minnesota Senate.

The language of the House bill would allow for "qualified" patients with a "registry identification card" to posess an "allowable" amount of medicinal marijuana for which they could not be arrested, prosecuted or penalized. The bill would also allow a primary caregiver with a "registry identification card" to possess an "allowable" amount of medicinal marijuana for each qualified patient under his or her care.

Marijuana has been used to treat nausea, pain and appetite loss for cancer and AIDS patients.

The bill was authored by Tom Huntley (DFL-Duluth) who also recently authored the Freedom to Breathe Act of 2007, proposing a statewide smoking ban. The medical marijuana bill had 18 sponsors and included both Democrat and Republican legislators.

If the bill became law, Minnesota would become the 12th state to legalize medicinal marijuana. Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont, and Washington have already enacted similar legislation.

[palmspringsbum]

Published - Thursday, February 08, 2007


Sen. Murphy, you must be joking

By Deb Roschen | Zumbro Falls, Minn.
The Winona Daily News


Kudos to Sen. Steve Murphy for being in touch with the real needs of District 28! Forget about the education disparity, high taxes or roads. Murphy keeps busy authoring a bill to legalize the medical use of marijuana. Who voted for this guy?

As a self-proclaimed substance abuser himself, I thought Murphy would have realized this bill is nothing more than a Pandora’s box. I read the bill. There is page after page of applicability and restrictions. Is it safe to assume that Murphy will need to create more government jobs to monitor the use and sale of “illegal drugs” in Minnesota? He should consider the release of drug dealers to monitor the sale of this new “illegal” miracle drug. They are certainly qualified, and it would free up space in our already over-crowded prisons.

The bill also reads, users can have 12 plants upon possessing a “registration card.” Gee, is it possible people will make a business pirating these registration cards? Is it also possible unethical doctors in Minnesota will misuse the prescription of this illegal drug? And by the way, are you certain teens will never raid parent’s medicine cabinets and share this miracle drug at school? Does Minnesota have enough prison space, lawyers and law enforcement ready for when legislators endorse illegal drug use?

The best line in the bill states that a registered patient cannot operate any motor vehicle while under the influence. However, a registered patient shall not be considered under the influence solely for having marijuana metabolites in their system. The courts are going to love interpreting this one.

The message to youth is clear: Just say “no” to illegal drugs, unless you live in Minnesota. Murphy you must be “toking”! Ooops, I mean “joking.”

[palmspringsbum]

Sviggum clarifies marijuana bill

By Mike Longaecker, Forum Communications Co.
Published Monday, February 12, 2007

ST. PAUL – Rep. Steve Sviggum wants to make it clear: He’s not trying to turn Minnesota into Amsterdam.

But after almost 30 years in the Legislature, the Kenyon Republican is part of an increasingly diverse political crowd pushing to make medical marijuana legal for patients with chronic or debilitating diseases.

“This is not legalizing drugs,” Sviggum said of a bill that would add Minnesota to a list of 11 states that have enacted medical marijuana legislation. “I would never support or be on a bill to legalize drugs.”

It is, however, a departure for the former House speaker.

An opponent to similar legislation in the past, it wasn’t until last year that Sviggum talked with lawmakers from outside the state who built a convincing case that got him on board.

<table class=posttable align=left width=170><tr><td class=postcell><img class=postimg src=bin/sviggum_steve.jpg></td></tr><tr><td class=postcap>Steve Sviggum, R-Kenyon, Minn., House speaker. “I just felt that this was a decent thing to support,” he says of bill.</td></tr></table>
Since then, he said he’s learned how the drug provides relief for cancer and AIDS patients suffering excruciating pain.

Under the bill, qualifying patients would be issued an identification card from the state that would allow them to possess up to 2.5 ounces of marijuana. Doctors and registered nurses would be allowed to make the diagnosis.

“I just felt that this was a decent thing to support,” Sviggum said.

A Senate health committee will hear the bill today, and House Speaker Margaret Anderson Kelliher, DFL-Minneapolis, said she expected a House committee to hear it at some point, too.

The medical marijuana legislation could see passage in the House and Senate, top lawmakers said Friday.

“I suspect that there probably is a majority,” Assistant Senate Majority Leader Tarryl Clark, DFL-St. Cloud, said of support in her chamber.

Efforts to decriminalize pot in Minnesota for medical use are gaining strength in the Legislature, proponents said.

“It’s wildly popular,” said Neal Levine, director of Minnesotans for Compassionate Care. “This is not a heavily DFL urban bill. This is a real balanced piece of legislation.”

But balance doesn’t mean all lawmakers are turning a new leaf.

Sen. Jim Vickerman, DFL-Tracy, hadn’t yet looked at the bill, but said he knows where he stands.

“I’ll be against it.”

Vickerman fears medical marijuana could open the door for criminals to exploit the system.

“If there’s a will, there’s a way,” he said, “and they’ll figure it out.”

The House bill, authored by Rep. Tom Huntley, DFL-Duluth, has four Republican co-authors, including Rep. Larry Howes, of Walker, and Sviggum. Sen. Steve Dille, R-Dassel, co-sponsors the bill in the Senate.

GOP legislators in January received a letter from a group called Republicans for Compassionate Access. The letter urges party members to support legislation for people “whose only crime is attempting to alleviate, with their doctor’s approval, the pain and suffering caused by life threatening illnesses.”

A push for medical marijuana likely would go up in smoke, though, if a bill lands on Republican Gov. Tim Pawlenty’s desk, his spokesman said.

The governor sides with “law enforcement, who have consistently opposed this bill and feel like it makes both enforcement more difficult and sends the wrong message to kids in particular,” Communications Director Brian McClung said.

But that’s unfair, said Sen. Steve Murphy, DFL-Red Wing, who’s championing the bill in the Senate. The argument that legalized medical marijuana would make it harder for police to do their jobs is “completely untrue,” he said.

“I would hope that they’d reserve judgment on it,” until such a system goes into practice, Murphy said.

While Champlin, Minn., resident Tom Fonio is hoping the same, he said he’s not holding his breath this will be the year for a medical marijuana law.

“There is a stigma involved” with marijuana that’s too much for some politicians to overcome, he said.

Fonio said he suffers debilitating effects from multiple sclerosis and would use medical marijuana if it were legal. The medication he takes – Marinol – affords some of the painkilling effects of pot, but works inconsistently and disagrees with his stomach at times, the 55-year-old said.

Already lined up against the bill is the Minnesota Police and Peace Officers Association, a group that has opposed earlier attempts to legalize medical marijuana in the state.

Sviggum said he knows that despite growing support from Republicans, the issue continues to stir up considerable controversy. He said he hopes dissenters will come around.

“If members were to vote only on the facts and not the perceived political consequences,” Sviggum hypothesized, “it would pass.”


Longaecker works for Forum Communications Co., which owns The Forum. He can be reached at (651) 290-0707 or mlongaecker@forumcomm.com

[palmspringsbum]

The Winona Daily News
Published - Tuesday, February 13, 2007

Thanks, Sen. Murphy


By Dennis Denzer, Rochester, Minn.


I want to thank Sen. Murphy and the Winona voters who elected him for their courage in introducing medical marijuana (MMJ) legislation. I suffer from a disease that causes chronic pain (rheumatoid arthritis) and MMJ works extremely well to reduce it with no side effects.

The so-called “miracle medicines” that the Mayo Clinic doctors have suggested to me have many serious side effects, including death from infections (Enbrol/ Celebex). The painkillers they suggest are highly addictive and render one useless when used (oxycotin/morphine). MMJ is supported by reams of research and has been tested over centuries. It has never been determined to have caused death. MMJ has the ability to be a highly effective medicine for many diseases, including but not limited to multiple sclerosis, Alzheimer’s, sleep apnea, fibromyalgia, Tourette’s syndrome and eating disorders. More information is available at www.mpp.com.

Thank you again for supporting this much needed legislation. And Sen. Murphy: Don’t forget our roads, schools and other priority legislation.

[palmspringsbum]

St. Paul / Panel approves medical marijuana

The St. Paul Pioneer Press
February 15, 2007

In the first step of a long process, a bill to give critically ill patients the state's OK to use marijuana received a Minnesota Senate health committee's approval Wednesday.

The bill, which has both Democratic and Republican sponsors, moves on to the Senate Judiciary Committee. An identical House measure has yet to begin its journey through the Legislature.

The measure won some legislative support Wednesday, but it also drew Gov. Tim Pawlenty's opposition.

The governor, like many in law enforcement, has not been supportive of measures that would allow Minnesotans to use marijuana for medical reasons.

— Rachel E. Stassen-Berger

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nbc5i.com

Pot As Painkiller Creates Controversy

<span class=postbigbold>Medical Marijuana OK In Some States, Despite Feds</span>

Craig Clough, Staff Writer
UPDATED: 6:58 am CDT March 11, 2008


ST. PAUL -- Lynn Nicholson has spent a great deal of her life in more pain than most people could imagine.

When she was 10 years old, she and a friend were playing in the attic of her family’s house in Minneapolis when the floor gave way. The two girls fell 8 feet and crashed onto the floor below.

Lynn landed on the hard floor. She stumbled up to get help, but her back was so hurt she wasn’t able to balance herself and tumbled down a flight of stairs.

The falls compressed seven of her vertebrae and put her in the hospital. When she was brought home she couldn't even get out of bed.

"My mother said, 'Look, either you're going to get up and walk to the bathroom or you're going to pee on yourself, and you're going to get awful hungry if you don't get up and walk down to the dinner table,'" Nicholson recalled.

Although the pain never fully went away, Nicholson said she just learned to grin and bear it. She became a downhill skier and took survival trips to northern Minnesota, sometimes slinging a canoe on her back while portaging between rivers.

In 1975, she moved to Israel by herself when she was 16 and lived there for six years, becoming a dual citizen and serving several years in the Israeli military. She eventually moved back to Minneapolis, got married and had two children, who are now 18 and 20.

One day in the mid-1990s, she woke up after remodeling her kitchen and found that her back had given out. Her life has never been the same since that day.

She’s had 10 back surgeries and spent three years in a body cast. She’s been on a long list of painkillers and had to check herself into a detox facility in an effort to get off them. She received steroid injections in her back, which she said her doctors told her caused steroid-induced diabetes. She was prescribed the painkiller Fentanyl, of which a possible side effect according to some studies is tooth decay, and had to have all of her teeth pulled.

She put on more than 200 pounds, has trouble getting around and sometimes has to use a wheelchair and stair lift.

In order to help with the pain, Nicholson smokes marijuana. She said she does it because it does not produce the negative side effects of her prescribed painkillers, like addiction and tooth decay.

<span class=postbigbold>Doctors Don't Argue</span>

Nicholson said some of her doctors have recommended to her that she smoke, and others have shrugged their shoulders when she told them. None, she said, ever told her to stop.

The problem is that Nicholson lives in Minnesota, where doctors are not allowed to prescribe marijuana, so what she is doing is illegal. It's something that the former Hebrew teacher is not proud of.

"I don't like doing things that are illegal," said Nicholson. "I'm a mother. I don't believe in teaching my children to do as I say not as I do."

Nicholson soon may not have to break state law anymore. The Minnesota Legislature is close to passing a bill that would allow smoked marijuana to be prescribed by physicians.

<span class=postbigbold>State Laws May Change</span>

The bill was passed by the state Senate last year, and Republican representative and co-sponsor of the bill Chris DeLaForest said he believes the bill has enough support to pass the House. But Republican Gov. Tim Pawlenty has said he will veto the bill because of opposition to it by law enforcement organizations.

"In my world, I don't think we're going to be able to tell the good guys from the bad guys," said Bob Bushman, president of the Minnesota Police and Peace Officers Association, when he testified before the Senate in 2007.

DeLaForest said he believes Pawlenty could still be swayed to sign the bill, which would make Minnesota the 13th state in the country to pass a medical marijuana bill that is in direct defiance of federal law.

Other states, such as New York, Illinois and Rhode Island, also have medical marijuana bills currently under consideration by their state legislatures.

The federal government has classified marijuana a Schedule 1 drug, defining it as having no accepted medical benefit, and the DEA has raided numerous medical marijuana dispensary operators.

It's an issue that has many times pitted the federal government vs. state governments, law enforcement organizations vs. health organizations and popular opinion vs. politicians.

"It's the states' decision whether or not to legalize medical marijuana, in my view. It's not the federal government's job," said DeLaForest. "And so I see this as an issue of the states in some way asserting their rightful authority under our constitution to regulate the health, welfare and safety of their people."

A 2005 Gallup poll found that 78 percent of Americans support the lawful use of medical marijuana.

<span class=postbigbold>Is Marijuana Medicine?</span>

The American College of Physicians, the Institute of Medicine, the American Public Health Association and dozens of other health and medical associations support the use of medical marijuana.

On the other end, the Bush Administration, including the Drug Enforcement Agency and Food and Drug Administration, and dozens of major law enforcement organizations oppose its use. The DEA has called for further studies into the delivery of smoke-free THC, the major psychoactive component of marijuana.

A synthetic THC drug, Marinol, has been available with a subscription to patients since 1985, but advocates argue that smoked marijuana is the most effective means of delivery.

An article in the May 2003 issue of The Lancet Neurology, which was cited by Marijuana Policy Project executive director Rob Kampia in testimony before a congressional subcommittee in 2004, stated that oral delivery "is probably the least satisfactory route for cannabis" because it "makes dose titration more difficult and therefore increases the potential for psychoactive effects."

The DEA states on a page of its Web site titled "Exposing the Myth of Smoked Medical Marijuana" that marijuana use contributes to crime, claiming that nationwide, 40 percent of adult males arrested in the United States tested positive for marijuana at the time of their arrest, although it does not state what study those statistics are based on or over what time frame it refers to.

The Minnesota County Attorneys Association and the Minnesota Police and Peace Officers Association oppose the bill.

"Marijuana is not a medicine," said MCAA President James C. Backstrom in an e-mail. "Medicine in this country requires the approval of the FDA before it is used to ensure the safety of Americans. Numerous studies and medical organizations, as noted in the MCAA position paper, have concluded that marijuana has no proven medical value."

Among the organizations cited was the American Medical Association, which recommends that marijuana remain a Schedule 1 drug, but has called for further studies including the delivery of smoke-free TCH.

The DEA also says on its Web site that supporters could use medical marijuana to advocate broader legalization of drug use.

DeLaForest is one of 17 state representatives co-sponsoring the bill and only one of two Republicans. He said he finds the arguments of opponents of medical marijuana baseless.

"There's no evidence that medical marijuana has caused an uptick in drug use, or drug-related violence or the like. It just isn't there," said DeLaForest.

DeLaForest said he does not support decriminalization of marijuana, but doesn't buy into the argument that medical marijuana could lead to a broader legalization of drugs.

"(California) legalized medical marijuana over 10 years ago," said DeLaForest. "There is no movement in the California Assembly or the state government to decriminalize marijuana in California. It just hasn't happened."

The Marijuana Policy Project, which has been lobbying congressmen in Minnesota and across the nation to pass medical marijuana bills, is in favor of the decriminalization of marijuana.

"Marijuana is a safer substance on every level than alcohol or tobacco," said Neal Levine, director of state campaigns for the MPP. "Maybe taxing and regulating marijuana is probably a more mature way to deal with it and better for society. But as far as Minnesota goes, and the Minnesota legislation, if we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield."

That's a proposition that would make Nicholson happy. Because she must get marijuana through the criminal market she doesn't always have access to it and must continue to rely on the painkillers.

"My life would change because access wouldn't be an issue anymore," said Nicholson about the potential of the bill passing. "And I wouldn't feel like a criminal, and quite honestly, I don't like being a criminal in my children's eyes."

[palmspringsbum]

Medical marijuana bill should be law

The Fergus Falls Daily Journal
Published Saturday, March 15, 2008

The medical marijuana bill – passed by the Minnesota Senate last year and likely to see action on the floor of the House in the coming months – should be passed into law as soon as possible.

As a patient suffering from severe neuropathy and other pain-related conditions, this is a major issue in my life. I previously lived in Hawaii and was a legal medical marijuana patient under that state’s program. It helped me more than the regimen of addictive, dangerous medications I’ve been prescribed over the years.

And just last month, the American College of Physicians -- the second largest physician group in the United States, with a membership of over 124,000 medical professionals — recognized marijuana’s many medical benefits with 10 pages of references and citations. Their official policy position “strongly urges protection from criminal or civil penalties for patients who use medical marijuana as permitted under state laws.”

Unfortunately, Governor Pawlenty has threatened to veto any medical marijuana bill, based on the knee-jerk opposition of a small but influential group of non-experts. The governor seems to believe that law enforcement officers know better than medical professionals which method of treatment would best suit an individual patient.

The governor should reconsider. This is a mainstream and popular issue, with 2 to 1 support from Minnesotans. It's time our lawmakers and governor listen to the physicians and their own constituents, and end the cruel, despicable policy of arresting suffering patients for trying to alleviate their pain.

Paul Cassenelli -Alexandria

[palmspringsbum]

Medical marijuana bill takes another step forward

by Tim Pugmire, Minnesota Public Radio
March 10, 2009

St. Paul, Minn. — A bill to allow the medical use of marijuana in Minnesota has cleared another committee in the state Senate.

The Senate Health and Human Services Budget Division advanced the measure today on a divided voice vote.

Under the bill, doctors could prescribe marijuana to qualified patients for the treatment of a debilitating medical condition.

Sen. Steve Murphy, DFL-Red Wing, the bill's chief author, says patients could buy marijuana from registered suppliers, or they could grow their own. But Murphy said the state would not test the strength of those plants.

"I don't know how you answer the question of content, THC content, of the product without testing every plant that's grown," said Murphy. "I don't think that is a responsible thing for us to do. One, the cost would be astronomical. Two, you don't need to because once again, this is not one of those heavy narcotics that kills people."

The same bill is also advancing in the Minnesota House. But Gov. Tim Pawlenty has said he remains firmly opposed to the measure.

[palmspringsbum]

Medical marijuana goes forward in House Committee

By Andy Birkey 3/11/09 8:48 PM
The Minnesota Independent

A pair of bills advancing quickly through the Minnesota Legislature would allow seriously ill Minnesotans to use medical marijuana to alleviate pain. The Senate bill passed a key Senate committee on Tuesday afternoon, and on Wednesday morning the companion bill passed the House Civil Justice Committee without any dissenting votes. Each bill faces at least one more committee before reaching the floor in either chamber, and support for the bill continues to build.

“It really feels like the momentum is building and this is the year we’re going to get this done,” Sen. Steve Murphy, DFL-Red Wing, chief author of the Senate bill, said in a statement on Wednesday. “One-quarter of the country now protects medical marijuana patients from arrest, and there is simply no reason to use Minnesota’s police resources to arrest the sick for trying to relieve their suffering.”

The House Civil Justice Committee rehashed many of the supporters’ testimony and opponents’ concerns. The committee can be heard here (MP3).

[palmspringsbum]

The face of pot politics: Why Don Haumant - and some legislators - want Minnesota to legalize medical marijuana

By Jason Hoppin
jhoppin@pioneerpress.com
TwinCities.com-Pioneer Press
Posted:03/16/2009 12:01:00 AM CDT


"Statistically, I'm supposed to be dead," says Don Haumant, 57, as he sits in his Minneapolis living room, the winter light coming in through half-closed shades.

The one-bedroom apartment is decorated with period furniture — "You might be comfortable on a mission chair," he offers a guest — and flourishes of 1950s and Hollywood memorabilia. Above the couch is a photograph of MGM's studio players from Tinseltown's golden era. Clark Gable anchors the shot.

"There's not a whole lot that can be done," said the onetime actor, his speech leisurely but his posture crisp. "That's why I've had to take it upon myself to do the things that are within my power to live a better life. And one of the things I've done is find the substances that are the most helpful and least damaging."

Haumant has liver disease and muscle pain, which he manages by smoking marijuana. He has done it with the knowledge of his doctors, and, while living in California, he did it legally.

But when he moved to Minnesota in 2002 to be nearer his boyhood home of Frederic, Wis., Haumant became an outlaw.

"It's much more of a stigma here," Haumant said. "In the circles that I travel, people are pretty much accepting of it, and public opinion is pretty much in favor of it. But still there are very strong forces here that consider me to be a criminal and an addict."

Haumant is one of the few advocates for a pair of medical marijuana bills moving through the Minnesota Legislature who will confess to breaking the law. The bills are expected on the floors of the House and Senate within weeks and come as President Barack Obama's administration has signaled a seismic shift in federal attitudes toward state medical marijuana laws.

But it may not be enough to bring Haumant in from the cold. Bowing to law enforcement concerns, Gov. Tim Pawlenty is expected to veto the bills if passed. If he does, Minnesota will mark a decade of Capitol debates about medical marijuana that have led nowhere.

"Sometimes that's the way it goes in the legislative process: Things take a long time," said Sen. Steve Murphy, DFL-Red Wing, chief sponsor of the Senate version of the bill. "Even if the governor vetoes this, I think we may have enough votes to override it. If that's the case, then we'll definitely take that path."

<span class=postbold>HELP WITH NAUSEA</span>

Haumant has long battled a variety of ailments. As a youth, he was diagnosed with adolescent scoliosis and in 1981, while living in California, with hepatitis-B. In 1996, a friend who used medical marijuana suggested he try it.

He first bought marijuana at a San Francisco dispensary operated by noted marijuana activist Dennis Peron.

"It was like going to a bar. You could go to the Mexican bar, where you could buy Mexican dope. ... You could go to a separate bar (for different kinds of marijuana). And at that time, you could smoke it right on the premises," Haumant said.

The marijuana helped him overcome nausea related to his liver condition, which in turn has helped him put on weight. It also eases his muscle pain, allowing him to turn down prescriptions for powerful painkillers that are too taxing on his liver.

He told his doctor, whose only advice was not to hold the smoke in very long to avoid damage to his lungs.

A "supplier" provides him a "tenuous" connection to a substance he considers vital to his well-being. "I don't really have a good backup," he said. And Haumant said he won't buy drugs on a street corner.

"I'm sort of on marijuana maintenance. It keeps me going," Haumant said. "I like to live an independent life, and I think that my smoking marijuana has helped facilitate that. ... I would rather be a regular user of marijuana than pop four or five oxycodones a day, which I have done."

Supporters say marijuana helps cancer patients overcome the nauseating effects of chemotherapy and can stimulate the appetites of those suffering from HIV-related wasting disease. Some glaucoma sufferers use it for relief, as do many who suffer from pain.

The latest versions of the bill would require written certification from a doctor, allowing patients to obtain a registration card giving them access to marijuana purchased from a nonprofit registered with the state. Those dispensaries would not be allowed within 500 feet of a church or school.

That would put Minnesota among the minority of medical-marijuana states that license and oversee drug transactions through dispensaries. Users would be allowed to possess up to 2.5 ounces of marijuana, or to grow as many as 12 plants.

The bill also lists and defines which medical conditions would qualify a patient for medical marijuana. "It would be one of the tightest laws on the books," Murphy said.

<span class=postbold>POPULAR SUPPORT, LARGE BARRIERS</span>

Thirteen states have added medical-marijuana laws since California voters first approved them in 1996, and several others are weighing them. Voters have led the way in the debate, with eight of the 13 laws having been passed by popular vote. A wide majority of Minnesota voters appears to support such a change. In May 2008, a SurveyUSA poll found a solid 2-to-1 majority behind it.

But making it law here has hit a wall. Lately, that wall resembles Pawlenty, who has said he will stand with law enforcement in opposition to the bill.

While states can create exceptions in their drug laws, they cannot do so for federal prohibitions. That throws the use and distribution of medical marijuana into limbo — while legal in the state, federal authorities still could arrest and charge someone who sells or uses pot.

That strange legal position has propelled the argument over medical marijuana to the august halls of the U.S. Supreme Court, even while the Drug Enforcement Administration has carried out raids on state-approved dispensaries in California. The debate is an interplay of pot smokers, constitutional lawyers and agents with very large guns.

But last month, Attorney General Eric Holder might have opened the door for a change of heart from those who worry that setting up medical-marijuana dispensaries is to invite a federal crackdown.

Days after Obama was sworn in, the DEA engaged in 11 eyebrow-raising coordinated raids in California, where there is widespread suspicion that users with no legitimate medical condition have easy access to pot. The raids came despite Obama's campaign pledge that medical marijuana was a state issue into which the federal government should not tread.

Since then, there have been no further raids, and DEA representatives refuse to discuss them. During a Feb. 25 news conference, Holder was asked about the situation.

"Well, what the president said during the campaign, you will be surprised to know, will be consistent with what we will be doing here in law enforcement," Holder said.

On Wednesday, Obama nominated Gil Kerlikowske to head the Office of National Drug Control Policy as the nation's so-called drug czar. During his tenure as Seattle's police chief, Kerlikowske was known for emphasizing drug treatment over prosecution for small-scale drug crimes.

"I really believe that law enforcement needs to consider (Holder's comments) and calm down," Murphy said.

But they aren't changing the minds of top state law enforcement officials.

"(Holder's) got a memo that he received from the president, as I understand it," said Michael Campion, commissioner of the Minnesota Department of Public Safety. "I'm not sure it does anything. It doesn't change the law."

<span class=postbold>ANOTHER OPTION: CONSTITUTIONAL AMENDMENT</span>

But Chris De La Forest, a Republican former state lawmaker from Andover who is lobbying for the bill, thinks the new approach should change the debate. His group, the Marijuana Policy Project, met with law-enforcement officials in December and requested they notify the policy group of any objections.

"To date, law enforcement refuses to negotiate with us. They refuse to tell us what, in their opinion, is wrong with the bill and needs to be fixed," De La Forest said.

Campion said his opposition is well founded. He does not want to see Minnesota turn into another California and says a process is in place for approving medically necessary drugs — through the Food and Drug Administration.

"If there was legitimacy and there was an appetite and there was a need, you don't think these pharmaceutical companies would be all over that to make money?" Campion said.

He also pointed out that Minnesota's drug laws are not overly punitive and that the state has a fair, balanced approach to drug policy.

"I don't think I'm just a hysterical bureaucratic cop saying the sky is falling," he said.

Neither the American Medical Association nor the Minnesota Medical Association endorses medical marijuana, but several studies published in prominent medical journals have pointed to its benefits.

One comes from an unlikely source — the White House itself. A 1999 report commissioned by the Office of National Drug Control Policy concluded:

"For patients who suffer simultaneously from severe pain, nausea and appetite loss, such as those with AIDS or who are undergoing chemotherapy, cannabinoid drugs" — such as marijuana — "might offer broad-spectrum relief not found in any other single medication."

And some medical groups, such as the Lymphoma Foundation of America and the American Public Health Association, have endorsed medical marijuana.

De La Forest is hopeful the legislative process can lead to a good bill, but he's keeping his options open. If Pawlenty continues to block it, he said, advocates would take their case directly to the voters.

"If it's determined that (the legislative) route is unavailable to us, then a constitutional amendment is something that will happen," De La Forest said.

For now, Haumant isn't optimistic the bill will pass this year.

"There are a lot of areas in rural Minnesota where this sort of thing is regarded as evil, with a capital 'e,' and so those legislators are down on it," Haumant said. "People are afraid."

[palmspringsbum]

Medical marijuana gets thumbs-down from local law enforcement

Justine Wettschreck Worthington Daily Globe
Published Friday, March 20, 2009


WORTHINGTON — The subject tends to bring out passion in many people, and the argument has been going on for years — should marijuana be legalized for medical purposes in Minnesota?

Recently, Worthington Public Safety Director Mike Cumiskey and Nobles County Sheriff Kent Wilkening added their names in support of a document written by Dakota County Attorney Jim Backstrom opposing medical marijuana.

“The organizations that represent Minnesota’s law enforcement professionals strongly oppose adoption of a law legalizing marijuana for medical purposes,” the document states. “While Minnesota’s law enforcers have great compassion for persons suffering from cancer, AIDS, MS and other serious diseases, this proposal is not limited to these patients.”

The proposed bill, SF 345, passed a Senate committee earlier this month, and a companion bill passed the House Civil Justice Committee March 11. A previous version of the bill passed the Senate and every House committee in the 2007-2008 session, but was never brought up for a vote on the House floor.

If the current bill does pass, Gov. Tim Pawlenty, who has said he remains firmly opposed to it, is expected to veto it.

<span class=postbold>The bill</span>

The bill would provide regulation of the medical use of marijuana by setting limits for allowable amounts of the drug. Qualifying patients and caregivers would possess registry identification cards, which would be issued by the Commissioner of Health. The bill would also authorize registered organizations to grow and supply marijuana to patients and caregivers.

A patient would be allowed to have 2.5 ounces of usable marijuana, and caregivers would be allowed 2.5 ounces per patient. A registered organization would be allowed up to 12 plants and 2.5 ounces of usable marijuana and any amount of other parts of the plants for each patient.

<span class=postbold>The opposition</span>

“This is very problematic for law enforcement and the way we enforcement drug laws,” Wilkening stated. “Check in California and see the problems they’re having out there.”

Wilkening believes that people would take advantage of the bill to possess marijuana, even if it wasn’t medically necessary.

The concerns raised by law enforcement are many. They believe the bill allows for the growing of far more marijuana than a legitimate patient would need for medical purposes.

“Excess quantities create incentive for drug ‘rip-off’ robberies and organized crime involvement,” Backstrom wrote.

The lack of law enforcement oversight is a concern, as is the lack of a limit on the number of medical marijuana grow operations.

“Thousands of individuals or organizations could legally cultivate significant quantities of marijuana, worth huge sums of money if illegally sold on the streets, in their homes or backyards, placing the safety of themselves and their neighbors in jeopardy,” Backstrom stated. “Medical marijuana outlets could show up on street corners throughout Minnesota, as they do now in California.”

In short, he added, the bill is an ill-conceived and overly broad proposal filled with problems.

The use of marijuana has not been endorsed by the major medical organizations representing the groups of patients proponents say need it the most, such as the American Cancer Society, the National Multiple Sclerosis Society and the American Academy of Ophthalmology, Backstrom claims in his document. The Minnesota Department of Human Services and the Minnesota Society of Addiction Medicine also oppose the passage of the law.

“The bottom line is that marijuana is a dangerous and addictive illegal drug. It is ranked as a Schedule I controlled substance, meaning it is illegal to sell and possess under both federal and state law,” Backstrom concluded. “Legalizing marijuana for medical purposes sends a message to our children that it is safe to use when it is clearly not.”

<span class=postbold>The support</span>

There are several organizations dedicated to the legalization of marijuana, and not just for medical purposes. While a mental picture of Dorito-eating, High Times- toting potheads wearing shirts plastered with the likeness of Bob Marley may come to mind, there are legitimate organizations whose purpose is to push for drug policy reform and an end to “drug prohibition.”

At www.stopthedrugwar.org, an article about the current state of the bill in Minnesota has comments about the legalization of medical marijuana that range all over the spectrum.

“Sane, rational people choose to be compassionate and allow (the sick) to pursue what ever treatment they and there doctor deem appropriate,” one person wrote.

“Dude, that is like WAY cool,” commented another.

Some comments include angry words for Pawlenty, and a familiar cry: “What people want to do in there own home on their own time is their business.”

<span class=postbold>The pros and the cons</span>

At ProCon.org, a list of the top 10 pros and cons of medical marijuana was compiled, with quotes from doctors, medical associations and researchers chiming in on both sides of the issue.

On the pro side, a former U.S. surgeon general states, “The evidence is overwhelming that marijuana can relieve certain types of pain, nausea, vomiting and other symptoms caused by illnesses such as multiple sclerosis, cancer and AIDS — or by the harsh drugs used to treat them.”

In the con column, a former U.S. senator wrote, “Based on current evidence, I believe that marijuana is a dangerous drug and that there are less dangerous medicines offering the same relief from pain and other medical symptoms.”

While the American Public Health Association urges Congress to move expeditiously to make cannabis available as a legal medicine, the American Medical Association calls for further controlled studies and recommends that marijuana retain its Schedule 1 status.

A DEA administrative law judge stated, “The evidence…clearly shows marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so safely under medical supervision.”

Yet, the director of the Office of National Drug Control Policy stated, “Smoked marijuana damages the brain, heart, lungs and immune system. It impairs learning and interferes with memory, perception and judgment. Smoked marijuana contains cancer-causing compounds and has been implicated in a high percentage of automobile crashes and workplace accidents.”

<small>For more information, visit www.medicalmarijuana.procon.org.

[palmspringsbum]

Medical marijuana bill clears House panel

by Tim Pugmire, Minnesota Public Radio
March 24, 2009

St. Paul, Minn. — Legislation that would legalize marijuana for medicinal purposes has cleared another panel in the Minnesota House.

The House Public Safety Policy and Oversight Committee voted 9-6 Tuesday to send the measure to its next stop in the Finance Committee. Many law enforcement officials oppose the effort to allow doctors to prescribe marijuana to qualified patients for the treatment of a debilitating medical condition.

But former Seattle police Chief Norm Stamper told committee members that he heard similar opposition in Washington. Stamper said he supports medical marijuana for personal and professional reasons.

"The police, as important as our voice is in the conversation in the dialog about drug policy, are not physicians, are not care givers," Stamper said. "And that it is inappropriate for the police to substitute our judgment for that of physicians and those in need of the care of physicians."

State Public Safety Commissioner Michael Campion testified against the bill. Campion says the measure would put the state in conflict with federal law.

[palmspringsbum]

Medical marijuana bill gathers steam at the Capitol; Pawlenty has threatened veto

Anne Polta
West Central Tribune - 03/30/2009


WILLMAR — Dan Hartog doesn’t look forward to the hassles that law enforcement officials predict will happen if the medical use of marijuana is legalized in Minnesota.

“Who’s overseeing it? What’s the control on it?” wondered Hartog, the Kandiyohi County Sheriff.

Jim Kulset, Willmar Police Chief, is concerned about the impact if a medical marijuana bill, currently working its way through the Legislature, passes this year.

“I think you open up a whole can of worms with it,” he said.

But Rep. Al Juhnke, DFL-Willmar, said he’s heard from numerous constituents, many of them with chronic disease, who support the measure.

For some people, it might be the only treatment that relieves their pain or allows them to eat, said Juhnke, who’s a co-author of the bill. “This is one of those things that will help.”

After repeated tries in the past few years, a bill to legalize medical marijuana is moving forward at the state Capitol. As of Friday, a House version of the bill had been approved by the Public Safety Policy and Oversight Committee and was headed towards a hearing by the Finance Committee.

In the Senate, a companion bill is awaiting action by the Senate Finance Committee.

The legislation would create a system for people with debilitating diseases or conditions, such as cancer, glaucoma or HIV, to legally obtain and use marijuana to relieve their symptoms. It also would regulate who can produce and distribute marijuana for medical use.

Thirteen other states already allow the medical use of marijuana.

It’s a contentious issue. Law enforcement professionals in Minnesota are vigorously opposed to it, and Gov. Tim Pawlenty has said he’ll veto the measure if it’s passed. The Minnesota Medical Association has backed away from the debate altogether, opting not to take an official position.

Local law enforcement officials say the bill is bad public policy that could create a public safety risk if it becomes law.

“There’s this perception out there that weed doesn’t hurt anything,” Kulset said.

Many of those now serving time on drug charges got their start with marijuana, he said. “It’s a gateway drug.”

Boyd Beccue, Kandiyohi County Attorney, is concerned about the enforcement problems that could result if medical marijuana is legalized.

“It’s going to render enforcement extremely difficult,” he said. “People are going to claim, ‘That’s my medical marijuana.’”

Law enforcement officials say the legalization of medical marijuana also will undermine the anti-drug and anti-tobacco messages that many organizations strive to promote among kids.

“It just sends the wrong message, to youngsters in particular,” Beccue said. “It tells young kids, ‘Hey, this is OK, marijuana is medicine.’ Everyone’s trying to keep kids off drugs. This guts everything parents are doing at home. I don’t believe there’s a single prosecutor or a single law enforcement officer in the state of Minnesota who supports this.”

Many in law enforcement believe the real issue is the legalization of all marijuana use.

Beccue calls the medical marijuana bill “the nose of the camel slipping under the edge of the tent.”

“If that’s the discussion, let’s have the discussion,” Kulset agreed. “Let’s be frank about it. Let’s put the cards right on the table.”

Local officials said they’re not insensitive to the needs of people who might be helped by medical marijuana.

“We’re sympathetic to the fact that there’s people that have pain, but there are other drugs out there that they can take,” Hartog said.

Juhnke said lawmakers are aware of these concerns and have tried to craft a bill that contains safeguards to address them.

“This isn’t going out and being able to harvest ditch weed and smoke it,” he said. “It’s a tightly drawn, well-drafted bill.”

Although state law enforcement organizations have testified against the bill several times, many patients and families also have weighed in to support the measure, and Juhnke said he’s listening seriously to them.

“This isn’t being done in a vacuum down here. There is support,” he said. “To me, the realm is a medical realm. It’s not a law enforcement realm. The discretion should be to the doctor and patient. I’m not making that decision for either of these two entities but rather leaving that up to them.”

[palmspringsbum]

Murdock talks issues with constituents in Wadena

Steve Schulz | Wadena Pioneer Journal - 04/08/2009


State Rep. Mark Murdock, R-Ottertail, touched on a wide variety of issues at a town hall meeting with constituents Saturday in Wadena. Murdock talked about the budget, medical marijuana and his first year in the Legislature, to name a few.

Murdock summed up the session so far as “challenging, fun, frustrating,” and said he had been putting in some long hours at the Capitol. And he said while the Legislature has introduced about 2,000 bills this session, only seven have reached the governor’s desk, “nothing on the deficit,” he added.

Murdock said he supports Gov. Tim Pawlenty’s position that no taxes be raised.

“With the economy in the tank, increased taxes are going to drag us down,” Murdock said.

He did predict that the economy could start to turn around late this year.

“I’m thinking by this time next year, we’ll be through it,” Murdock said.

After a brief legislative update, Murdock took questions from the audience.

One question dealt with medical marijuana, and whether Murdock supports it.

“My aunt passed away from cancer,” he said. “She was taking a marijuana pill that was alleviating her cancer pain.”

Murdock said he’d support the substance in a pill form, but worried that controls on growers and distributors wouldn’t protect kids from the drug.

“There’s just too much pressure for kids to get into it,” he said. “The temptation is there.”

Murdock was also asked about early voting, which he said he’d have to see the specific proposal before commenting, but said he wasn’t sure why early voting would be necessary.

Murdock said he’s supporting a bill that would move people on MinnesotaCare to private health insurers. He said the bill is a “no brainer,” saving the state money and “the people who are on MinnesotaCare would have better care.”

Murdock was also asked about same-sex marriage.

“In the Minnesota Constitution, it’s one man, one woman,” he said.

[palmspringsbum]

New medical marijuana bill to be proposed next session

<span class="postbigbold">After passing the Legislature last year only to have it vetoed by the governor, supporters of a medical marijuana bill in Minnesota plan to resubmit a similar bill this year.</span>

PUBLISHED: 11/09/2009
BY FRANK BI | The Minnessota Daily


In October, the Obama administration announced that the federal government will not prosecute users or distributors of medicinal marijuana as long as they follow state laws, the latest part of a trend that has seen several states, including Minnesota, take an increased interest in the issue.

Currently 13 states have legalized marijuana for medicinal use — last Tuesday, Maine voters decided to extend the state’s 10-year-old medical marijuana law.

In 2008, two-thirds of Michigan voters approved the use of medical marijuana, and in Wisconsin, legislation is being drawn up for medical marijuana use there.

The Minnesota Legislature passed a medical marijuana bill this year, but Gov. Tim Pawlenty vetoed it.

Brian McClung, a spokesman for Pawlenty, said the governor will only support a medical marijuana bill if it has the backing of law enforcement.

The bill’s author said he will likely propose it again this spring, but the controversial bill could still garner more opposition.

“Marijuana is a drug which has dangerous consequences for society and I don’t think it’s a wise move to legalize it,” Tom Prichard, president of Minnesota Family Council, said.

Prichard, who testified last year against the bill, believes there are medical alternatives to smoking marijuana such as Marinol, a pill composed of active ingredients from marijuana.

But bill author Sen. Steve Murphy, DFL-Red Wing, said these alternatives are very costly and are not always the best resort.

“Lunch isn’t a big deal until you can’t eat it,” Murphy said.

Bruce Mirken, spokesman for the Marijuana Policy Project also agrees that medical marijuana is a much more effective form as opposed to pills.

Mirken said there are ways to avoid any possible health risks associated with the drug.

Medical marijuana users can purchase a machine that “vaporiz es” it by heating it without using flames. This eliminates tar and other feared consequences that are connected with smoking marijuana.

Mirken says these vaporizers are often marketed underground.

“It’s another example of laws causing harm to people because if you say it’s for medical marijuana, it becomes drug paraphernalia,” Mirken said.

In any new marijuana bill next session, Murphy said he plans to include minor tweaks like beefing up security requirements for people who are growing marijuana.

Murphy and supporters have been looking at medical marijuana bills in other states and Murphy said they have the basis for a bill that they will try to pass next session.

Prichard said he has long feared that support for medical marijuana is only a pretext for efforts to more broadly legalize marijuana.

“That’s not why we’re in the game,” Murphy said. “We want to provide doctors another tool in the toolbox.”

Gregorio Cervantes, vice president of the University of Minnesota’s Students for Sensible Drug Policy chapter, said he believes that not only should marijuana be legalized for medicinal use, it should also be legalized for regular consumption.

Cervantes points to the illegal drug trade that has claimed thousands of lives in the past decade.

By legalizing marijuana and regulating it, Cervantes said he believes that not only will it take a lot of power away from drug organizations, but it will also generate tax revenue that can be used for schools or transportation.

Quoting Abraham Lincoln, Cervantes said: “’Prohibition goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation and makes crimes out of things that are not crimes .’”