Memo
To: State House Legislators
From: Tom Prichard, Minnesota Family Council
Re: Legalization of smoked marijuana for medical purposes bill
SF 345/HF 655 (Huntley), 2nd Unofficial Engrossment
Here are some reasons why this is a bad bill (even if you are sympathetic to smoked marijuana use for very sick people). Proponents argue the bill is tightly crafted, designed to help individuals with serious pain problems (often terminal health conditions), and not intended to open the door to broader legalization of marijuana. An examination of the bill’s provisions suggest something much different.
I. Problems with the bill.
A. Definition of “debilitating medical condition” is very vague and applies to non-terminal, non-intense pain conditions. Invites abuse. Sec. 2, subd. 4
The definition considers a “Chronic…medical condition…that produces …chronic pain” a debilitating medical condition. This definition could encompass everything from AIDS to an allergy. Couple this minimalist definition with a doctor favorably disposed to prescribing smoked marijuana and the door is wide open to abuse.
B. Unlimited supply of marijuana is possible under the bill’s
language. Potentially enormous amounts
could to be produced by suppliers, e.g. registered organizations, of marijuana
in Minnesota. Sec. 2, subd. 2
1. The bill authorizes the state to recognize registered organizations (non-profits) which would be licensed to produce and sell marijuana.
· No restrictions on the number of patients they can have and therefore no limitations on amount of marijuana they can produce.
· Under this version of the bill, a patient could also set up a registered organization and grow marijuana.
2. Unlimited number of registered organizations allowed. Sec.2, Subd. 8
· All over the state
· Anyone 18 years of age and older could establish a registered organization
· Each registered organization could grow 12 plants per patient. Each plant produces between 1 and 5 pounds of smokeable marijuana each year. So a registered organization could conceivably be producing and selling 60 to 300 pounds of marijuana every year. This would produce between 27,240 to 136,200 joints of marijuana a year.*
C. High
school students who are 18 years of age can be suppliers of marijuana to patients
and produce potentially hundreds of pounds of marijuana. Sec. 2, Subd. 8
D. Registered
organizations can set up offices in downtown areas, shopping centers and out of
their own home. Further legitimizes the
use of smoked marijuana to the broader public. Section 9, subd. 5
E.
Will make law enforcement of illegal use of marijuana much more
difficult.
· Fines are minimal at best for violations by suppliers, registered organizations, and patients -- no effective way of monitoring where these patients or suppliers are located. Sec. 6
· No effective way of preventing patients from “sharing” with others because they can renew 2.5 ounces they are allowed to possess at any time.
·
This makes drug paraphernalia into medical devices for
the delivery of a medical drug. What
about the roommates of the medical user.
How would one control their use?
Sec. 2, Subd. 6
·
Police are liable if they don’t return usable marijuana
to the supplier or user for the fair market value of the marijuana. Sec. 3,
Subd 7
F. Undermines the anti-drug message in society and schools. There are no restrictions on possession of marijuana in a school bus, on school grounds or in the workplace. What about an 18-year-old boy, who is a “primary care giver”, bringing marijuana with him to school? Or a 16-year-old boy taking marijuana to school if he’s a qualifying patient. What about a teacher who uses marijuana. Should he or she be able to possession marijuana on school premises? These are just a few of the possible scenarios arising under this bill. Section 5
G. Ties the hands of landlords who, under the bill, couldn’t prevent marijuana possession, use and production on their property. The bill specifically prohibits refusal to lease to a person who is a registered qualifying patient or primary supplier. Sec. 3, subd. 3 So individuals can smoke and grow marijuana on rental property and landlords have no recourse.
H. No regulation on the quality of the marijuana drug used. There’s no malpractice protection for patients provided with bad marijuana.
I. Ties the hands of employers, occupational boards, and licensing boards in terms of whether they want their employees or board members working or being associated with a registered organization or a primary caregiver who produces and sells marijuana. Sec. 11, subd. 6; sec. 3, subd. 2
* Drug Identification Bible,
Third Edition, page 606, Tim Marnell editor, Denver, CO, 800-772-2539 (a book
for law enforcement, parents and educators) "Drug Availability Estimates
in the United States," Chapter 4: Estimates of Marijuana Availability in
the United States, Table 4-5, footnote 87, December 2002,
www.whitehousedrugpolicy.gov. Verified by: Special Agent Douglas S. Collier,
Public Information Officer, NJ Division, Drug Enforcement Administration (DEA),
US Department of Justice. Drug Free Schools
Coalition. 203 Main St., P.M.B. 327, Flemington, NJ 08822