MassCann/NORML Works on Draft Testimony For Tomorrow's Medical and Re-crim State Hearings

For More Info on the hearings in Massachusetts tomorrow, Tuesday July 14th.

Here's the latest draft, MassCann/NORML is busy working on for medical marijuana.

TESTIMONY OF THE MASSACHUSETTS CANNABIS REFORM COALITION INC.

P.O. Box 266, Georgetown, MA 01833
781-944-2266

www.masscann.org

Testifying in support of S 1739

A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives: and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the commonwealth.

Article XVIII, A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts

Chairpersons Creem and Flaherty, honorable members of the committee,

Massachusetts adopted a medicinal marijuana law in 1992. Then Governor, William Weld signed it into law. Unfortunately, that law requires the Department of Public Health to supply the medicine to approved patients, and the department has been unable to obtain such a supply. Since that time, thirteen other states, nine by initiatives for laws, have adopted laws that effectively permit qualifying patients access to marijuana. This committee and the Joint Committee on Public Health have heard testimony on amendments to effectuate the 1992 law every session since then.

It is now time for the legislature to act by passing S 1739, or surely as the sun rose this morning, an initiative petition will be filed either by August 5, 2009, or you will have a reprieve while residents suffer, until August 2011, unless you do your duty.

As the attached election results from 2000, 2002, 2004, 2006 and 2008 demonstrate your constituents who vote favor legislation like S. 1739.

This committee and all other members of the General Court must now recognize it is the will of the people that the Commonwealth not punish persons who use cannabis as a medicine under the supervision of health care professionals and the persons who grow it for them.

By enacting the legislation before you relieve the stress medical users suffer as they live in fear of prosecution.

By enacting the legislation before you, you help secure the Commonwealth’s reputation as a world leader in medical research, treatment and education. The cannabinols are a category of drugs that rival the opiates in terms of their range of application. There is one notable difference: a lethal overdose of cannabinols is scientifically impossible. Physicians who want to gain experience treating people with cannabinols, the medical school student who wants to learn from them and patients who will seek treatment of their various maladies with cannabinols, will go to California, Canada, or some other locale where medical experimentation and treatment with cannabis-derived drugs is not countered with the threat of arrest and imprisonment.

By enacting the legislation before you, you secure the fair treatment of current and prospective employees of Massachusetts businesses, who happen to live in Maine, Vermont, Rhode Island and other states where the medicinal use of marijuana is legal. Drug screenings are used by many employers, and those patients from states where there medicine is legal may be denied the opportunity to become taxpaying Massachusetts workers.

By enacting the legislation before you, you will not suffer the loss of any votes. The polling data indicates legalizing the medicinal use of cannabis is more popular than most incumbents in Massachusetts.

Attached for your consideration, in addition to the election results you will find the Report of the Rhode Island Department of Public Health to that state’s House Committee on Health, Education and Welfare and Senate Committee on the Judiciary, dated January 14, 2009, on the success of the “Rhode Island Medical Marijuana Program.” The RI program was amended this past month, over the veto of the Governor, to license and regulate the distribution of medical marijuana to authorized patients.

In May, the US Supreme Court let stand a unanimous 2008 Fourth District CA Court of Appeals ruling that determined that state laws allowing for the medical use of cannabis by qualified patients "do not create a 'positive conflict' [with federal law.]" By declining to hear the appeal the Court makes it clear that the United States Constitution permits states to enact and implement independent medical marijuana policies.

Last May the Joint Committee on Public Health heard testimony on H 2160, a proposed law similar to the one before this Committee. The testimony before that committee was videotaped and is available for viewing at:

http://tinyurl.com/pmttmp

http://tinyurl.com/pzowba

http://tinyurl.com/pyhdn9

http://tinyurl.com/qslhhb

http://tinyurl.com/o5oelc

Finally, in weighing legislation, please strive to fulfill the ideals of John Adams and the people of Massachusetts when they adopted the Great Charter of 1780 wherein it is proclaimed:

The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity their natural rights, and the blessings of life: . . . . among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness . . . . .

Respectfully submitted,

The officers and directors of the
Massachusetts Cannabis Reform Coalition