Showing posts with label medical marijuana missouri. Show all posts
Showing posts with label medical marijuana missouri. Show all posts

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?
Ballot Measure 8 (58%)
1 oz usable; 6 plants (3 mature, 3 immature)
2010 Proposition 203 (50.13%) unknown2 2.5 oz usable; 0-12 plants3 Yes4
Proposition 215 (56%)
8 oz usable; 18 plants (6 mature, 12 immature)5
Ballot Amendment 20 (54%)
2 oz usable; 6 plants (3 mature, 3 immature)
5. DC
2010 Amendment Act B18-622 (13-0 vote) * 2 oz dried; limits on other forms to be determined unknown
Senate Bill 862 (32-18 House; 13-12 Senate)
3 oz usable; 7 plants (3 mature, 4 immature)
Ballot Question 2 (61%) $100/$75
2.5 oz usable; 6 plants
8. Michigan 2008 Proposal 1 (63%) $100/$25 2.5 oz usable; 12 plants Yes
Initiative 148 (62%)
1 oz usable; 6 plants
10. Nevada
Ballot Question 9 (65%)
$150 +
1 oz usable; 7 plants (3 mature, 4 immature)
Senate Bill 119 (48-14 House; 25-13 Senate)
2 oz usable
12. New Mexico 2007 Senate Bill 523 (36-31 House; 32-3 Senate) $0
6 oz usable; 16 plants (4 mature, 12 immature)
13. Oregon
Ballot Measure 67 (55%)
24 oz usable; 24 plants (6 mature, 18 immature)
Senate Bill 0710 (52-10 House; 33-1 Senate)
2.5 oz usable; 12 plants
Senate Bill 76 (22-7) HB 645 (82-59)
2 oz usable; 9 plants (2 mature, 7 immature)
Initiative 692 (59%)
24 oz usable; 15 plants
[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 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."]


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