California Governor Jerry Brown Issues Blow To Medical Cannabis Patients, Compassion

Protections for medical cannabis patients are eroding quickly in the state of California.  Two important medical cannabis bills that passed the legislature were not signed by Governor Jerry Brown this week, SB 829 and SB 1127, leaving what many think is a huge stain on Brown’s political legacy.

On September 11, 2015, the legislature passed MMRSA – Medical Marijuana Regulation and Safety Act.  This set of rules was a clear violation of Proposition 215 as it made huge, sweeping amendments to a voter initiative.  In an act of diabolical genius immediately after MMRSA passed, AUMA – the Adult Use of Marijuana Act – was filed and signature gathering began soon thereafter quashing any effort to sue the State over MMRSA as any judge assigned to the case would suggest waiting until the outcome the election before moving forward with the case.  AUMA neatly umbrella’ed MMRSA making it part of their voter initiative and effectively compromising Prop. 215 – The Compassionate Use Act.  

Despite the diligent, articulate and informed arguments by patient advocates statewide that AUMA – Prop. 64 – greatly jeopardized The Compassionate Use Act, paid proponents of Prop. 64 worked to discredit and undermine decades of hard work by advocates to protect patients’ safe, affordable access to medical cannabis.  AUMA passed. The taxes and fees have skyrocketed.  Patients have stopped visiting licensed retail cannabis shops for unregulated sources.  Now a blow by the Governor to declare that Compassionate Care and allowing children access to their medicine at school are illegal.

As of January 1, 2018, giving cannabis away at no cost to vulnerable patients – the spirit of The Compassionate Use Act – became illegal.  SB 829 would have created a license for this activity to encourage the re-establishment of compassion programs allowing low-income patients and our veterans to have more livable lives.  SB 1127 would’ve allowed children with serious illnesses to have their medical cannabis available at school in case of an emergency. Many of these children suffer from Dravet Syndrome – a severe form of epilepsy that produces violent and debilitating seizures, often several times a day.  Medical cannabis alleviates the duration, frequency and severity of these seizures allowing children to have more livable lives.  Governor Brown is not concerned about the lives of Californians especially of they are poor, ill or use medical cannabis.

So, what are the options for medical cannabis patients, providers and their advocates? Taking the next several legislative sessions to make endless amendments to every part of these flawed laws is one burdensome option.  A legal challenge to Prop. 64, as it pertains to the claim that it doesn’t affect Prop. 215, is another option but not a long-term solution.  It appears more and more that the only way to protect patients and Prop. 215 is through the voter initiative process and specifically a constitutional amendment.  

However, statewide voter initiative campaigns are arduous and expensive.  Is there enough frustration to motivate a campaign?  Are there enough people willing to make a small donation to fund a campaign?  Patient Advocacy Network would like to hear your thoughts. 

Press Release - Marijuana Legalization Effort in California Moves Forward for 2016

Marijuana Legalization Effort in California Moves Forward for 2016

Advocates Build Consensus on Initiative Language, Open Call for Proponents

San Jose, CA (March 11, 2015) Efforts to legalize marijuana in California in 2016 are gaining momentum. Americans For Policy Reform (AFPR), the group behind the Marijuana Control, Legalization and Revenue Act of 2014 (MCLR), is announcing the opening of the MCLR 2016 language for input from the community. The initiative will establish clear guidelines for Medical Marijuana and Adult-use Marijuana in addition to allowing for the production of industrial hemp in the state. 
  

“We have heard a resounding cry from leaders in the cannabis community saying they want MCLR in 2016,” stated John Lee, Director of AFPR. “We feel obligated to help.” 

In 2013, MCLR was developed as the first “open-source” or “crowd-sourced” method for advocates and experts everywhere to contribute directly to the language of California’s marijuana legalization law. It received an impressive fiscal analysis from the Legislative Analyst's Office (LAO), in addition to a highly favorable Title & Summary from California Attorney General Kamala Harris.
  

“MCLR 2016 is now open for community input. We want to ensure everyone has another opportunity to address any concerns and contribute to the initiative,” said Mr. Lee. “We also encourage all serious supporters interested in signing on as a Proponent to contact us immediately.”

What MCLR Would Achieve

According to Attorney General Kamala Harris, MCLR would, “reduce costs potentially exceeding one hundred million dollars ($100,000,000) annually to state and local governments,” related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system and incarcerating marijuana offenders. Harris also reported MCLR would add “a few hundred million dollars annually” from additional tax revenues. 

How To Get Involved

The initiative language can be reviewed and ideas can be submitted at www.bit.ly/mclr2016. Hundreds of advocates, legal experts and concerned citizens have contributed to the draft so far. Anyone with questions or wishing to sign on as a Proponent can reach John Lee at John@AFPR.us

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Why California Can’t Seem To Get Its Marijuana Act Together

California has long been known for its progressive attitude, free spirit and social experimentation.  It’s why it comes as much surprise to many that California has struggled to regulate medical marijuana and has failed so far at legalization.  As of the November 2014 Election 23 states and the District of Columbia have voted to legalize marijuana in some form but California still fails to reach consensus on the issue.

The problem is exclusion.  The California State Legislature and well-funded, national policy organizations have shut out local grassroots advocates and authentic compassionate providers from the policy-drafting table for many years.  Ironically, these excluded voices are those of local advocates successful in getting marijuana regulations implemented in cities throughout California, and have significant experience in the cannabis industry, unlike most Sacramento politicians and DC policy org. directors. 

The result has been flawed bills and initiatives ultimately abandoned or unsupported by their own peers and constituents.  Examples of this include former Assemblymember Tom Ammiano withdrawing his bill AB 2312 and the defeat of the voter initiative Proposition 19.   As these experienced advocates toil for a seat at the table, national policy organizations use ‘unity’ as a shield for closed-door deals with legislators and funders to create severely restrictive and unaffordable policies that benefit only a few rich players and force out ‘mom and pop’ collectives and cultivators. 

This exclusion appears in the form of classism, sexism and racism in California’s elite marijuana policy movement.  Take a look at the speaker line-up of any marijuana related conference or panel in California.  You will see no people of color, very select women, and no one that represents low-income, disabled patients invited to speak despite their expertise.   You will find many middle-class, self-proclaimed experts with maybe moderate experience, taking credit for the years of hard work by tireless, grassroots advocates operating with little to no budget. 

Though, this is nothing new in our American society; those with more money and influence proclaim to be in-charge due to status and political relationships, excluding good players because they are lower-income, women or people of color.   However, while political bullying by the elite works most of the time, it has only stymied progress for cannabis legalization in California.  Maybe those controlling the purse strings for 2016 will choose to truly unite the community.  As long as the marijuana elite continues to disguise exclusivity as unity in California, they may continue to be defeated at the polls.  

by Degé Coutee – President, PAN

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Patient Advocacy Network Joins Effort To Legalize Cannabis In California In 2014

MCLR Proponents are joined by Sac NORML at the California State House

In previous elections Patient Advocacy Network has refrained from involvement in past California statewide marijuana legalization efforts, mainly because those failed initiatives lacked protection for patients and clarity with respect to collective guidelines. 

However, there became a sense of urgency leading up to the Riverside Decision and it became clear that a statewide voter initiative was needed sooner than later to protect the spirit and intent of the Compassionate Use Act.   A strong contingency of cannabis advocates also wants legal hemp and adult recreational use. 

SaveCannabis.org recognized that previous attempts to move cannabis legalization forward in California lacked transparency.  Despite multiple attempts, no California cannabis initiative has passed the voters since Prop. 215, in 1996.   Many of these initiatives were drafted behind closed doors without stakeholder input.  SaveCannabis.org did something different; they formed to start an open-source document for any member of the group to provide input on what California’s cannabis legalization initiative should look like; membership to the group is open.  What transpired was a document of agreed upon ideas by some 1,200 people with input from over 800 people including: patients, providers, cultivators, advocates, community leaders, concerned citizens, doctors and lawyers. 

PAN President Degé Coutee and SaveCannabis.org co-founder Dave Hodges reached out to as many stakeholders as possible to provide input in time to file an initiative for the 2014 California General Election.  They worked together to edit provisions together to prepare the document for final legal review before submitting it to the Secretary of State. 

Coutee states, “These are the best cannabis guidelines for Californians: patients, consumers, cultivators, and concerned citizens.  We are pleased to be involved.”  Degé Coutee is one of four proponents of the of the Marijuana Control, Legalization and Revenue Act of 2014 along with John Lee, Bob Bowerman and Dave Hodges.  The full text of the initiative can be found at:  http://www.marijuanacontrollegalizationrevenueact.com/what/the-language-full-text/

Proponents expect to get a title and summary from the CA Attorney General in a few days and can begin gathering signatures immediately.  Supporters need 504,760 valid signatures in 150 days in order to qualify for the November 2014 election ballot.  PAN is taking donations for the campaign through its 501h election.  All donations are anonymous and tax-deductible.  All contributions will be used to print petitions and pay for signature gathering efforts.  Contributions directly to the campaign can be made at: http://panorg.blogspot.com/ -- click the “Legalize Cannabis Campaign” donate button; mail a check to P.O. Box 93845, Los Angeles, CA, 90093 or call (323) 334-5282.