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New York is Close to Legalizing Medical Marijuana

Back in the 90's, when I used to debate New York Governor Eliot Spitzer, then in private practice, on cable news shows, he was unequivocally opposed to all use of marijuana.

He's changed his mind.

"On many issues, hopefully you learn, you study, you evolve,” the governor said. “This is one where I had, as a prosecutor, a presumption against the use of any narcotic which wasn’t designed purely for medicinal and medical effect, and now there are ways that have persuaded me that it can be done properly.”

New York is almost ready to legalize medical use of marijuana. The hang-up is not whether it should be legal, but how users will acquire it.

More...

One question they must answer: Should the state be in the business of growing and distributing marijuana to sick people? And if not, how should those people obtain it?

One proposal is to let users grow up to a dozen plants:

In New York, the Democratic-led Assembly passed a bill on Wednesday that would give doctors the authority to grant eligible patients a certification allowing them to legally acquire and use marijuana or to grow up to a dozen plants at a time....But it is not clear how these plants, or the seeds to grow them, would be acquired. The Assembly’s bill says only that it would be lawful to give patients marijuana or seeds if “nothing of value is transferred in return.”

Another proposal is to have the Health Department grow and dispense the marijuana.

“....The key issue is control. How do you control manufacture, and how do you control dispensement? Those are the two issues that’ll be out there.”

I'm not in favor of the Health Department or Government being in charge because they will probably limit the amount of THC in the plant to the point where it is too weak to be effective. There have already been lawsuits over this:

Doblin and other researchers contend that the government marijuana is low in quality and potency and could never be a stable source of basic ingredients if the Food and Drug Administration ever did approve a marijuana-based medication.

People who are allowed to use it ought to be able to legally grow their own and choose the seeds that work best for them. And those without a green thumb ought to be able to buy it from their dealer of choice without fear of going to jail. Penalties for selling personal use amounts to medical users should be eliminated.

New York legislators are working to pass the bill before the session ends in five days. If you're from New York, now would be a good time to call your Representatives and Senators and urge them to pass the bill. Drop Gov. Spitzer a line too and let him know you appreciate his willingness to change his mind.

Update: Marijuana Policy Project which spearheaded the bill reports:

Passing a medical marijuana law in the country's third-most populous state would be absolutely huge: The bill's passage would mean that more than one-fourth of our nation's residents would live in medical marijuana states.

Medical marijuana enjoys tremendous support in New York. A 2005 Siena Research Institute poll found that 76% of New Yorkers support allowing the medical use of marijuana, including 72% of Republicans. And medical organizations representing the state's medical schools, the state's nurses, and the state's county health officials have voiced their support for the issue.

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  • Display: Sort:
    Wisconsin (none / 0) (#1)
    by Ben Masel on Wed Jun 13, 2007 at 11:33:19 PM EST
    Legislation roughly based on Oregon's will be introduced in September. Set number of plants, etc.

    Count on the federal government (none / 0) (#2)
    by oculus on Thu Jun 14, 2007 at 12:45:05 AM EST
    continuing to enforce federal law, though.

    Not much (5.00 / 1) (#3)
    by Ben Masel on Thu Jun 14, 2007 at 01:13:11 AM EST
    given the relatively small numbers of Federal prosecutors and judges available.

    Parent
    this may seem tangential (none / 0) (#4)
    by Stewieeeee on Thu Jun 14, 2007 at 06:51:18 AM EST
    it's nice that spitzer will live, read up, consult the experts, and learn.  he arrives at the right conclusion by his own fair assessment of the facts regarding medical use of marijuana.

    it would have been funny if spitzer said, "well, i changed my mind cause 50,000 members of the democratic base flooded my phones with irate phone calls and i felt, at that point, compelled change my mind on this issue."


    It may not have been 50,000 (none / 0) (#6)
    by Ben Masel on Thu Jun 14, 2007 at 08:56:11 AM EST
    but no doubt the heat he took from medical marijuana activists, Dem or not, played a role in getting him to do the reading.

    Parent
    That's good news (none / 0) (#5)
    by Chincoteague on Thu Jun 14, 2007 at 06:55:53 AM EST
    Having seen first hand the benefits of smoking pot for cancer patients, I applaud Spitzer.

    In addition to calming the patient, it gives them that sense of hunger, so that during the chemo process, they have an appetite, which in turn gives them the strength to withstand the treatment.

    My husband's oncologist was well aware of his smoking pot, and approved it.  There's a pill that has THC in it, which was prescribed for him, but that really didn't do the trick.  

    I really don't want to see the government get involved in the growing of pot.  There's many kinds, and let the patients (and the market) decide which are the best kind.  

    I can just hear the alert klaxons going off (none / 0) (#7)
    by SeeEmDee on Thu Jun 14, 2007 at 09:28:28 AM EST
    in ONDCP's hallways.

    Fire up the (taxpayer-funded and fueled) jet! Collect all the (taxpayer-financed) propaganda! Prepare the (scientifically fraudulent) studies to be volley-fired at ignorant lawmakers! Get ready to violate the Hatch Act by lobbying against drug law reform measures in State elections where such issues are being democratically determined! (And thus maintain themselves in a  paycheck at taxpayer's expense; sweet deal, huh?)

    And pray to God something like this doesn't happen. Irv Rosenfeld did a masterful job of demolishing the ONDCP's lies before the Michigan State Legistaure. But the ONDCP, true to its' mendacious nature, keeps repeating those lies in hopes that some will stick.

    This issue needs a court case a la the Scopes Trial to put to rest once and for all the lies told about cannabis by this government. Until it happens, and the ONDCP put to the public shame it so richly deserves, this insanity will continue.

    Narcotic? (none / 0) (#8)
    by A DC Wonk on Thu Jun 14, 2007 at 09:47:52 AM EST
    Did Spitzer call marijuana a "narcotic"?

    He still has some reading/learning to do

    Reading/learning (none / 0) (#11)
    by Edger on Thu Jun 14, 2007 at 10:27:11 AM EST
    probably wouldn't work on anyone who still thinks marijuana is a narcotic.

    Maybe Spitzer gets his dope from Rush's dealer.

    Parent

    Will my California card (none / 0) (#9)
    by kindness on Thu Jun 14, 2007 at 10:02:57 AM EST
    work in NY?

    Just imagine, instead of getting all the different names we've come to be used to out here in the clubs (diesel, trainwreck, AK, etc) we'll get imaginative east coast names...I'd make up a few names but the only ones passing through my head are kinda dumb.  Suggestions anyone?

    How about (5.00 / 1) (#10)
    by Edger on Thu Jun 14, 2007 at 10:18:56 AM EST
    Doltex ® - because it turns me into a dolt if I smoke it. ;-)

    Tha's just me. I have nothing against it. I think it should be nearly completely unregulated and legal, and not just for medical use. But I don't smoke it because it turns me into a houseplant.

    Parent

    I'm an idiot too when stoned (5.00 / 1) (#12)
    by Militarytracy on Thu Jun 14, 2007 at 11:01:11 AM EST
    If it was legal though to grow it for people who needed it I have a green thumb.  It sucked having to find it for my grandmother when she went through chemo.  We had a group meeting after she almost died from dehydration due to vomiting and took a vote and we all voted to break the damned law.  She never had such a vomiting episode after that but she sure did burn a lot of incense in her house.

    Parent
    Wow. (none / 0) (#21)
    by Edger on Thu Jun 14, 2007 at 03:01:35 PM EST
    Only when stoned? I have the problem quite often. Can you teach me to be an idiot only when stoned?

    Parent
    One substrain of diesel (none / 0) (#23)
    by Ben Masel on Thu Jun 14, 2007 at 04:02:35 PM EST
    is known here in WI as New York Diesel.

    Parent
    A Washington State Court (none / 0) (#24)
    by Ben Masel on Thu Jun 14, 2007 at 04:17:49 PM EST
    (another MMJ State) decided not to recognise California cards. No appeal, so no precedent.

    OTOH, one Sauk County, Wisconsin trial judge, faced with a patient with a valid CA physician's recommendation who'd moved back here after not landing a job in Cali, acquitted her, reading the Wisconsin Controlled Substances Act to exempt...

    961.32 Possession authorization.  
    ...
    (961.32(2) The following persons need not be registered under federal law to lawfully possess controlled substances in this state:
    ...      
    (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.

    By Judge Evenson's reading, her CA doctor's order was lawful, tho an order written by a Wisconsin practitioner would not be.

    Again, no Appeal, so not binding as precedent. I'm aware of only one similar motion to dismiss filed since, no ruling reached as the DA folded.

    Parent

    "He's changed his mind"?! (none / 0) (#13)
    by sarcastic unnamed one on Thu Jun 14, 2007 at 11:30:45 AM EST
    Wadda flip-flopper!

    ;-)

    Good on him.

    Great news for the sick.... (none / 0) (#14)
    by kdog on Thu Jun 14, 2007 at 01:40:20 PM EST
    sun god bless 'em...but what about the rest of us healthy folks?  When do we get to make our own decisions?

    Cough Cough (none / 0) (#15)
    by squeaky on Thu Jun 14, 2007 at 02:08:40 PM EST
    You are sounding a bit unwell to me, kdog. Better see a doctor.....

    Parent
    I see the bush doctor.... (none / 0) (#16)
    by kdog on Thu Jun 14, 2007 at 02:12:47 PM EST
    weekly:)

    Seriously though, I hope the distribution debate doesn't hold up the legislation too much... its not like the medicine is hard to get, its already readily available.  Just give the sick their "get out of jail" waiver and they can sort themselves out until a legal distribution system is sorted out for them.

    Parent

    Sounds Right to Me (none / 0) (#17)
    by squeaky on Thu Jun 14, 2007 at 02:28:26 PM EST
    Hope the MD's don't wind up with writers cramp......

    Although I think that weed can help that problem too.

    Parent

    I don't know about that one..... (none / 0) (#18)
    by kdog on Thu Jun 14, 2007 at 02:38:16 PM EST
    I get leg cramps something awful during football season...drinking more water helps, and I just recently heard eating a teaspoon of mustard is good for cramps.

    Parent
    Yes but (none / 0) (#19)
    by squeaky on Thu Jun 14, 2007 at 02:56:49 PM EST
    What I think would happen if the doc got a cramp from writing MJ scrips, and toked up, things would slow down quite a bit (long detaied conversations with patients about music, food, art, lots of 'wow man me too', and the cramp would just go away.

    Parent
    Not to Mention (none / 0) (#20)
    by squeaky on Thu Jun 14, 2007 at 03:00:06 PM EST
    All the giggles.

    Parent
    I got ya now..... (none / 0) (#22)
    by kdog on Thu Jun 14, 2007 at 03:11:14 PM EST
    It is the wonder drug that works wonders...but it can't treat everything.

    Parent
    Good job (none / 0) (#25)
    by Lucidnebula on Thu Jun 14, 2007 at 05:24:10 PM EST
    In the 2006 election, I did not support Spitzer and instead told people to support Bill Weld. Now he seems to change for a better direction, thumbs up.