Tuesday, January 18, 2011

Medical Marijuana & Kansas City - Legal Explanation

Medical Marijuana to be Legal in Kansas and Kansas City, Missouri?
by Kansas City News

First of all, I don't think that everyone understands exactly what legal medical marijuana means for states like California, whose popular medical marijuana districts like Los Ganjales are making headlines and documentary studies alike.  What most people don't understand about the medical marijuana law is this:

If the STATE passes the law that it is legal to purchase, grow and use marijuana, then residents can obtain a prescription from a "doctor" and purchase medical marijuana at a "dispensary" and it is legal under the STATE law.  Now, it is still illegal, regardless of your state's law to grow, purchase or use marijuana under FEDERAL law.  So, let's say you live in a state where medical marijuana is legal, you purchase some marijuana with your prescription and are driving in your car with it.  If a STATE law officer pulls you over and finds the marijuana and you have a prescription you are fine.  However, if a DEA officer pulls you over or raids your home, it doesn't matter whether it is legal in your state, if you have a prescription or what, you are going to jail.  It is still against FEDERAL law to purchase, grow or possess marijuana, regardless of what your state law says.


This is why, in California, several marijuana "dispensaries" get raided every once in awhile by Federal DEA agents.  They confiscate all of the company's computers, products and money - at will.  They can come in any time they want, without a warrant, and take everything.  They can also arrest anyone they want, whenever they want for growing or possessing marijuana, regardless of state law.


So, even if Kansas or Missouri makes medical marijuana legal, you will still be looking over your shoulder for the DEA on the Federal level, and I can't imagine that court date going very well for you.  Basically, they are saying that it's legal, and yet it's not really legal at the same time.


On the last bill proposed by Gail Finney (D) in Kansas to legalize medical marijuana, which read "An Act enacting the medical marijuana act; providing for the legal use of marijuana for certain debilitating medical conditions; providing for the registration and functions of compassion centers; authorizing the issuance of identification cards; providing for administration of the act by the department of health and environment." failed on May 28th, 2010.


On the last bill proposed by Missouri which read "Changes the laws regarding the classification of marijuana as a controlled substance and allows the use of marijuana for medicinal purposes under certain conditions." the bill "died" when legislature adjourned without voting on the bill at all on May 30th, 2010.

I. Fifteen states and DC have enacted laws that legalize medical marijuana:
State Year Passed How Passed
(Yes Vote)
Fee Possession Limit Accepts other states' registry ID cards?
1998
Ballot Measure 8 (58%)
$25/$20
1 oz usable; 6 plants (3 mature, 3 immature)
unknown1
2010 Proposition 203 (50.13%) unknown2 2.5 oz usable; 0-12 plants3 Yes4
1996
Proposition 215 (56%)
$66/$33
8 oz usable; 18 plants (6 mature, 12 immature)5
No
2000
Ballot Amendment 20 (54%)
$90
2 oz usable; 6 plants (3 mature, 3 immature)
No
5. DC
2010 Amendment Act B18-622 (13-0 vote) * 2 oz dried; limits on other forms to be determined unknown
2000
Senate Bill 862 (32-18 House; 13-12 Senate)
$25
3 oz usable; 7 plants (3 mature, 4 immature)
No
1999
Ballot Question 2 (61%) $100/$75
2.5 oz usable; 6 plants
Yes6
8. Michigan 2008 Proposal 1 (63%) $100/$25 2.5 oz usable; 12 plants Yes
2004
Initiative 148 (62%)
$25/$10
1 oz usable; 6 plants
Yes
10. Nevada
2000
Ballot Question 9 (65%)
$150 +
1 oz usable; 7 plants (3 mature, 4 immature)
No
2010
Senate Bill 119 (48-14 House; 25-13 Senate)
2 oz usable
unknown
12. New Mexico 2007 Senate Bill 523 (36-31 House; 32-3 Senate) $0
6 oz usable; 16 plants (4 mature, 12 immature)
No
13. Oregon
1998
Ballot Measure 67 (55%)
$100/$20
24 oz usable; 24 plants (6 mature, 18 immature)
No
2006
Senate Bill 0710 (52-10 House; 33-1 Senate)
$75/$10
2.5 oz usable; 12 plants
Yes
2004
Senate Bill 76 (22-7) HB 645 (82-59)
$50
2 oz usable; 9 plants (2 mature, 7 immature)
No
1998
Initiative 692 (59%)
24 oz usable; 15 plants
No
[Editor's note: 12 of the 15 states require proof of residency to be considered a qualifying patient for medical marijuana use. Only Oregon and Montana have announced that they will accept out-of-state applications. It is unclear if non-residents will be able to apply to be qualifying registered patients in Arizona until the rules are determined by ADHS. Karen O'Keefe, JD, Director of State Policies for Marijuana Policy Project (MPP), told ProCon.org in a Nov. 2, 2010 email that "Patients and their caregivers can cultivate in 13 of the 15 states. Home cultivation is not allowed in New Jersey or the District of Columbia and a special license is required in New Mexico. In Arizona, patients can only cultivate if they live 25 miles or more from a dispensary."]

5 comments:

Anonymous said...

You forgot to mention the reason these dispensaries were shut down. Obama announced that the Federal DEA would not interfere if patients, caregivers, dispensaries, etc. abiding by state law. These dispensaries stepped out of that line, the government keeps a close eye on everything. They know, and can prove if you are not abiding by state law. (Medical Marijuana is LEGAL in Washington D.C. a federal territory where no one is able to vote.)

On another note, California has bailed themselves, and surrounding states from their debt. They have also helped pay towards our "War Debt". These funds all from... Marijuana Tax.

It is time for Marijuana to be LEGAL. We have beaten women and children. People dying from drunk drivers every day! People that cannot function in public (or in their own home), depressed drunken suicides.
Yet what does a "pothead" do? Plays with their children, watch's cartoons with them. Loves their significant other, and goes to the fridge for something to munch on. They stay home and listen to music, hang with their friends. They are mellow, loving, caring, and do anything they can to keep this earth green.
You don't see these users stumbling all over the streets, slurring their words, puking everywhere. They walk down the street with a smile on their face like George Washington did.

When posting a "News Story" about Marijuana in Kansas or Kansas City expect that the truth will be brought to the misinformation in your story.

~ A little bit of randomness by Yours Truely

N02 Vaporizers Vapir said...

I am glad to see other cities begin to try to establish legalization of marijuana in the country

KCWEED said...

www.kcweed.com - For all information and updates about cannabis reform and drug policy in Kansas and Missouri.

Kansas City One Stop said...

To comment number 1, ummm...you say at the end of your comment that you're going to bring "truth to the misinformation in the story" - but ummm... you didn't - at all. In fact you didn't even mention ANY part of the story that wasn't true.

Pothead idiot.

NORML for Legalization of POT said...

Yes, I'm going to agree that comment number 1 was um...high....when he wrote that. There's nothing wrong with smoking a little buchi now and then but that guy sounds like a daily toker, I mean an ALL day toker. And those potheads are just plain different. And the whole comment about "playing with your kids" while high was a little disturbing there Cheech.

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