Monday, December 8, 2008

German Patients to Receive Medical Marijuana

(from MPP Blog)

by Bruce Mirken

Germany is about to become the fifth country to allow at least some patients to use natural marijuana as medicine. According to a report from the International Association for Cannabis as Medicine, the German government recently notified four patients that they would be allowed to receive medical marijuana produced under the Dutch government’s medical marijuana program. The German program remains limited to special cases.

Other German patients have been allowed to use a liquid extract made from Dutch cannabis, but for some patients the extract proved unsatisfactory. The patients are expected to receive their supply of whole marijuana around mid-January.

Other than the Netherlands, nations that have some sort of medical marijuana program sanctioned by their national governments — with varying levels of restrictions and limitations — include Canada and Israel. Oh, and the U.S., which still provides medical marijuana to a handful of surviving patients in a program that was closed to new enrollment in 1992. (link)

Michigan's Proposition 1 Takes Effect Legalizing Medicinal Marijuana

Dec-04-2008 20:39 (salem-news.com)
Michigan's Proposition 1 Takes Effect Legalizing Medicinal Marijuana

Physician Authorizes First Patients for Medical Marijuana in Michigan



(SOUTHFIELD, Mich.) - A national nonprofit organization, THCF Medical Clinics, opened a new medical marijuana clinic Thursday at 2000 Town Center in Southfield. Eric Eisenbud, MD, along with the executive director of THCF, Douglas P. Stanford and several medical marijuana patients, held a press conference this morning in Southfield.

Michigan's marijuana law took effect today, and Dr. Eisenbud issued the first authorizations for patients who have qualifying conditions under the new law.

THCF Medical Clinics have helped over 45,000 patients obtain their state's permit for medical marijuana. The Hemp & Cannabis Foundation (THCF) has offices and has helped implement the medical marijuana laws in seven other states: Oregon, Washington, Colorado, Montana, Hawaii, Nevada and California. Dr. Eisenbud has helped over 3,000 medical marijuana patients in Colorado and Montana.

THCF Medical Clinics does not provide medical marijuana to patients, but provides physicians who can help qualified patients get state authorization. Initially, our patients will receive a physician's statement that exempts them from prosecution and allows them to raise an affirmative defense for medical marijuana if they are currently being prosecuted.

In April 2009, the Michigan Community Health Department will issue new forms and procedures to begin issuing Michigan Medical Marijuana Registry Identification cards.

When those forms are available, Dr. Eisenbud will complete them for all Michigan patients of THCF Medical Clinics.

Medical marijuana was approved in Michigan by 63 percent of voters in Prop 1 in November. Michigan becomes the 13th state to allow medical marijuana, in addition to California, Oregon, Washington, Hawaii, Alaska, Colorado, Nevada, Montana, Vermont, Maine, Rhode Island and New Mexico. (link)

U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law

Medical marijuana case appealed by the City of Garden Grove was denied review today

(from safeaccessnow.org- 12-1-08)

Washington, DC -- The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from November 28, 2007, ruled that "it is not the job of the local police to enforce the federal drug laws." The case, involving Felix Kha, a medical marijuana patient from Garden Grove, was the result of a wrongful seizure of medical marijuana by local police in June 2005. Medical marijuana advocates hailed today's decision as a huge victory in clarifying law enforcement's obligation to uphold state law. Advocates assert that better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. In turn, this will allow for better implementation of medical marijuana laws not only in California, but in all states that have adopted such laws.

"It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court. "Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state."

California medical marijuana patient Felix Kha was pulled over by the Garden Grove Police Department and cited for possession of marijuana, despite Kha showing the officers proper documentation. The charge against Kha was subsequently dismissed, with the Superior Court of Orange County issuing an order to return Kha's wrongfully seized 8 grams of medical marijuana. The police, backed by the City of Garden Grove, refused to return Kha's medicine and the city appealed. Before the 41-page decision was issued a year ago by California's Fourth District Court of Appeal, the California Attorney General filed a "friend of the court" brief on behalf of Kha's right to possess his medicine. The California Supreme Court then denied review in March.

"The source of local law enforcement's resistance to upholding state law is an outdated, harmful federal policy with regard to medical marijuana," said ASA spokesperson Kris Hermes. "This should send a message to the federal government that it's time to establish a compassionate policy more consistent with the 13 states that have adopted medical marijuana laws." (from)