2012 Initiative Outline
This is the starting point for our legislation. Here we will hammer out the outline, the basis for our Bill.
Statistics
- American College of Physicians
- American Medical Association
Definitions
- Adequate Supply: an amount of cannabis collectively possessed between the qualifying patient and the qualifying caregiver(s) that is reasonably necessary to ensure uninterrupted availability
- Curing stage: harvested cannabis leaves and/or flowers that are in the process of drying and/or curing
- Debilitating medical condition: any chronic and/or terminal medical condition that warrants cannabis therapy as outlined by a physician
- Department: the department of Missouri state government that would be responsible for overseeing a medical cannabis program
- Immature cannabis plants: cannabis plants that are devoid of flowers or buds, from seedling to the beginning stages of flowering, signifying the second stage of cannabis plant development
- Mature cannabis plants: any cannabis plant bearing flowers or buds, signifying the third stage of cannabis plant development
- P
- Qualifying patient: any person under a physician's care
- Registry identification card: a document issued to a patient and caregiver identifying him or her as a legal patient or caregiver
- Uninterrupted availability
- Patients may use, possess, and cultivate cannabis who possess a signed statement from their physician stating that they could benefit from cannabis therapy. (Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont, Washington)
Illnesses
-
cachexia or wasting syndrome;
severe pain; severe nausea; anorexia; seizures (epilepsy); multiple sclerosis (MS) and other disorders characterized by muscle spasticity, Lou Gehrig's
disease (ALS), Crohn's disease; cancer; chronic pain; HIV or AIDS; migraines; chronic nervous system disorders; glaucoma; nausea; Hepatitis C; agitation of Alzheimer's Disease; neuropathic pain
- Any other serious medical condition or its treatment approved by a licensed physician;
Possession (determine which best fits our needs)
- one ounce of usable cannabis (Alaska, Hawaii, Nevada)
- one and one-quarter ounces of usable cannabis (Maine)
- two ounces of usable cannabis (Colorado, Vermont)
- two and one half ounces usable cannabis (Rhode Island)
- three ounces of usable cannabis (Missouri)
- eight ounces of dried cannabis (California)
- twenty-four ounces of usable cannabis (Oregon)
- 60 day supply (Washington)
- Patients may possess larger quantities of cannabis if recommended by a physician (California)
- Patients may share their cannabis as long as per patient limits are met.
Cultivation (determine which best fits our needs)
- three cannabis plants, one mature (Vermont)
- three mature cannabis, four immature cannabis plants (Missouri)
- six cannabis plants (Colorado, Montana)
- six plants, three mature (Alaska, Maine)
- six mature (or 12 immature) (California)
- seven cannabis plants, three mature (Hawaii, Nevada)
- six mature cannabis plants, 18 immature seedlings (Oregon)
- twelve plants (Rhode Island)
- ten foot by ten foot area10 (Chitwood)
provisions for outdoor growing?
- must produce enough cannabis to permit an uninterupted supply to extend through the end of next growth cycle, including drying and curing.
provisions for sharing excess, if clones or veg plants exceed criteria for bloom?
Dispensaries
Scheduling
- Schedule 1 (Alaska, California, Hawaii, Maine, Maryland, Montana, Nevada, Rhode Island, Vermont, Washington,
- Schedule 2 (Oregon, Iowa)
Edibles and topicals
Pending Angela's discussion with Dr. Palmer
Asset Forfeiture
- Cannabis plants, equipment for their cultivation, as well as
legal amounts of medical cannabis shall not be seized from the
possession of a medical patient if the medical patient presents
identification as a medical cannabis patient. Any such property
interest shall not be forfeited under any provision of state or local
law providing for the forfeiture of property (Missouri)
Patient Rights
- Any medical cannabis patient shall be afforded all the same rights under the law as any other pharmaceutically medicated individual, as it pertains to:
- Routine traffic stops as well as any interaction with law enforcement that does not involve an illegal act;
- Any interaction with a person's employer that pertains solely to legal medical cannabis use; or
- Exoneration from
drug testing when such test pertains to cannabis and its metabolites
whether by an employer or a member of law
enforcement.
- A patient or caregiver who has not received a registry identification card may present evidence supporting his or her need for medical cannabis for treatment of a serious medical condition. Such evidence may constitute a defense to a charge of cannabis possession or cultivation and shall be admissible in the courts of the state of Missouri if such evidence otherwise properly qualifies as admissible under the rules of evidence.
- A patient and/or caregiver may assert the medical use of cannabis as a defense to any
prosecution involving cannabis, and such defense shall be presumed
valid where the evidence shows that:
(1) The patient's medical records indicate that a physician recommends cannabis therapy to treat his or her medical condition.
(2) The patient and caregiver were collectively in possession of a quantity of cannabis that was within the limits outlined by law.
- Possession of or application for a registry identification card shall not constitute probable cause to search the person or property of the person possessing or applying for the card or otherwise subject the person or property of the person possessing the card to inspection by any governmental agency.
- Cannabis plants, equipment for their cultivation, as well as legal amounts of medical cannabis shall not be seized from the possession of a patient if he or she presents identification as a medical cannabis patient.
- Valid proof (valid registry identification card, official paperwork recognized by the state from which it was issued, etc.) that one is a patient in any legal state shall be recognized by the state of Missouri, granting said cannabis patient the same rights as any Missouri cannabis patient.
Caregiver Rights
Reciprocity
- A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of cannabis by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of cannabis shall have the same force and effect as a registry identification card issued by the department. (Michigan)
Organ Transplants
- For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of cannabis shall be considered the equivalent of the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance (Rhode Island)
Registry Identification Card
- Possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency. (Rhode Island)
Physician Protection
- A physician shall not be subject to arrest or prosecution,
penalized in any manner, or denied any right or privilege for providing
written certification for the medical use of cannabis to qualifying
patients. (Missouri)
© This article is copyrighted by Sensible Missouri.
published on 12-31-2010
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Reply #1 on : Wed July 27, 2011, 03:30:49
CPN Interviews Suzanne Jones of Missouri
Suzanne's misdiagnosis almost claimed her life. The seemingly endless flow of pharmaceuticals only exacerbated her fragile condition. Her form of cancer, Systemic Mastocytosis, seemed hopeless to treat until she discovered cannabis.
CPN Interviews Kathleen Wolff of Missouri
In July of 1993, Kathleen's life changed forever when her car was struck from behind. Suffering a traumatic brain injury (TBI), Kathleen seemed trapped between her debilitating condition and the pharmaceuticals that sapped her humanity in exchange for temporary relief.
CPN Interviews Heath Poland of Missouri
Heath suffers from ADHD (Attention Deficit Disorder) and Bipolar Disorder. Like so many who suffer from mental illness, he spent much of his life mis-diagnosed and improperly and/or over-medicated.
CPN Interviews Greg Terry of Missouri
Ever since Greg was 17, he has battled Crohn's Disease, Though he has run the gamut of of surgeries and pharmaceutical meds to treat this debilitating disease, only one holistic treatment has given him lasting relief from his symptoms. So, for 34 years, Cannabis has been his medicine of choice.
CPN Interviews Cory Harlan of Missouri
Cory has suffered greatly in his 29 years. Because of a traumatic brain injury (TBI) as an infant, he developed a condition called Mesial Temporal Sclerosis. He has been in and out of hospitals and institutions ever since. Cannabis relieves his pain and seizures and has helped him return to college.
CPN Interviews Brian Chitwood of Missouri
I first met Brian at the 2009 Joplin Cannabis Revival. Brian is a Hodgkin's Lymphoma survivor. He attributes his recovery to his use of cannabis as an adjunct to the chemotherapy he received.
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Reply #7 on : Thu May 17, 2012, 12:00:21