Colorado attorney general backs firing of medical-marijuana patient

By John Ingold
The Denver Post

The state attorney general’s office says Coloradans do not have a right to use marijuana off-the-job, siding with a satellite television company in its firing of a medical-marijuana patient.

In a brief filed with the state Supreme Court last month, the Colorado attorney general’s office argues that giving workers a right to use marijuana off-duty “would have a profound and detrimental impact on employers in the state.”

“Contrary to popular perception, Colorado has not simply legalized marijuana for medical and recreational purposes,” state attorneys write in the brief. “Instead, its citizens have adopted narrowly drawn constitutional amendments that decriminalize small amounts of marijuana.”

The Colorado Court of Appeals — the state’s second-highest court — last year upheld Dish Network’s firing of a quadriplegic medical-marijuana patient for a positive drug test. Though there is no allegation that Brandon Coats was stoned at work, the company said it has a zero-tolerance policy on marijuana.

Coats say his off-the-job marijuana use should be protected by Colorado’s Lawful Off-Duty Activities Statute, which prevents companies from firing employees for doing things outside of work — like smoking cigarettes — that are legal. Dish Network argues that marijuana use can’t be considered lawful while cannabis remains illegal federally.

In its brief supporting Dish Network, the state attorney general’s office says zero-tolerance policies ensure that employees are able to perform their jobs competently. Requiring employers to prove that workers are stoned on the job before they can be fired would require companies to conduct “intrusive investigations into the personal life of an employee.”

“Simply put, zero tolerance policies provide businesses with an efficient means of avoiding difficult employment decisions and even litigation,” the attorney general’s brief states.

Coats’ case is the first time Colorado’s highest court has taken up questions about the scope of marijuana legalization in the state, and it has drawn at least six outside groups filing briefs in support of either Coats or Dish.

The Colorado Mining Association, the Colorado Defense Lawyers Association and the Colorado Civil Justice League — which claims an allegiance with several businesses and groups including the Denver Metro Chamber of Commerce — have filed briefs on behalf of Dish. The Colorado Plaintiff Employment Lawyers Association and the Patient and Caregivers Rights Litigation Project have filed briefs supporting Coats.

The Supreme Court has not yet announced when it will hear the case.

John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold

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H.R. 1983 ‘States Medical Marijuana Patient Protection Act’

HR 1983 IH

112th CONGRESS

1st Session

H. R. 1983

To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various States.

IN THE HOUSE OF REPRESENTATIVES

May 25, 2011

Mr. FRANK of Massachusetts (for himself, Mr. ROHRABACHER, Mr. STARK, and Mr. POLIS) introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various States.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the `States’ Medical Marijuana Patient Protection Act’.
SEC. 2. CONTROLLED SUBSTANCES ACT.
    (a) Schedule-
      (1) Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, in cooperation with the National Academy of Sciences’ Institute of Medicine, shall submit to the Administrator of the Drug Enforcement Administration a recommendation on the listing of marijuana within the Controlled Substances Act (CSA), and shall recommend a listing other than `Schedule I’ or `Schedule II’.
      (2) Not later than 12 months after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, based upon the recommendation of the National Academy of Sciences, issue a notice of proposed rulemaking for the rescheduling of marijuana within the CSA, which shall include a recommendation to list marijuana as other than a `Schedule I’ or `Schedule II’ substance.
    (b) Limitations on the Application of the Controlled Substances Act-
      (1) IN GENERAL- No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which the medical use of marijuana is legal under State law–
        (A) the prescription or recommendation of marijuana for medical use by a medical professional or the certification by a medical professional that a patient has a condition for which marijuana may have therapeutic benefit;
        (B) an individual from obtaining, manufacturing, possessing, or transporting within their State marijuana for medical purposes, provided the activities are authorized under State law; or
        (C) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to individuals authorized to possess medical marijuana under State law from obtaining, possessing or distributing marijuana to such individuals.
      (2) PRODUCTION- No provision of the Controlled Substances Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in a State in which the possession and use of marijuana for medical purposes is legal from producing, processing, or distributing marijuana for such purposes.
SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.
    (a) In General- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict in a State in which the medical use of marijuana is legal under State law–
      (1) the prescription or recommendation of marijuana for medical use by a medical professional or the certification by a medical professional that a patient has a condition for which marijuana may have therapeutic benefit;
      (2) an individual from obtaining, manufacturing, possessing, or transporting within their State marijuana for medical purposes, provided the activities are authorized under State law; or
      (3) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to individuals authorized to possess medical marijuana under State law from obtaining, possessing, or distributing marijuana to such individuals.
    (b) Production- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in a State in which the possession and use of marijuana for medical purposes is legal from producing, processing, or distributing marijuana for such purpose.
SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.
    This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.

END

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OPEN Letter to Ohio Legislators and Washington DC

 

 

2007_1110TYPennington0016

by Tonya Davis on Sunday, November 25, 2012 at 9:33pm ·

Lawmakers… Please don’t let me die knowing that this plant could have saved me and you denied the same access as 18 states and DC as well as the 4 federal patients. You can stand up for me and many folks like me..

(I just want to say thank you for reposting my Open Letter Note.)

Come on Obama Administration… I need access to the whole plant of cannabis. I do not buy …. sell or grow… I should have the right to grow it like tomatoes for my medicine. I should be able to use its oils and juice its leaf or eat is raw. or smoke a joint whichever I need at the time.End marijuana Prohibition TODAY!!! and also SAVE Americans at the same time. This plant is the only thing that could save my life. Facebooker’s will you share this everywhere please.

This is an open letter to my Ohio legislators.

I have nowhere else to turn. I hope you hear my cries for help and I hope you stand up for me. Representative Bobby Hagan will be  Re introducing the Ohio medical compassion act which I hope you will consider cosponsoring  in January 2013.

It would merely allow Ohio’s doctors and patients to decide whether or not medical cannabis could benefit them or not. It would allow the department of health to keep an eye on the program and make sure there were no abuses. Anyone that is in the program would be in a database so that you can keep track of this act of compassion.

We also believe that it would save Ohio taxpayers millions of dollars by not arresting, incarcerating  and prosecuting folks for making a choice using cannabis as medicine. we also believe that the Obama administration would not bother our program because there would not be storefronts or dispensaries selling the product.

Over 73% of Ohioans support the compassionate use of marijuana..I am not sure you are aware but our sister state of Michigan has a medical cannabis program. We believe that we should have the same rights as those folks  just across our border.

Also Colorado and Washington just legalized marijuana for personal use.

My name is Tonya Davis and I’m your constituent. I am a mother, grandmother, sister, daughter. I could be your neighbor, friend, coworker. You have seen me at the Ohio Statehouse over the last decade in a suit rolling around in my wheelchair trying to bring your attention to alternative medication that is actually safer than aspirin. Yes I’m talking about medical cannabis and this has been my choice of medicine. For a long time you said to me to "bring in a doctor that supports this issue" I have!  you have said "bring in the science that supports cannabis as medicine" I have.. You have said " get a Republican on board" WE HAVE… we have jumped through the hoops that you have asked us to jump through.

We have a certified petition for the Ohio alternative treatment amendment that was certified by the SOS and the AG October of last year. We currently have house Bill 214  that is being ignored in the health committee because our speaker of the house refuses to give it a hearing. Now I’m asking you to save my life.

My whole life I have begged for help no one ever hears me. I will be heard this time because  this is my life I’m fighting for and I’m going to die on my terms.

Our government knows that cannabis is a medicine and that it is a neuro protective and antioxidant. they have  patents on it.  I am literally fighting for my life and my independence as well as tryin to keep my cognitive thinking okay.  By allowing me the same access as the 18 states plus Washington DC as well as the four patients that are currently allowed on federal level …it is not harming anyone.

I deserve that same access even though I am in the state of Ohio. I should not have to go die like a wounded animal in the woods. (going to a state that does have medical cannabis laws) where  I have no family and a support system.

I am not a drug addict, suffer from mental illness or have any type of criminal record.

I do have my Ohio doctors support , I have my pharmacist support… I have my out-of-state written recommendation from my cannabinoid specialist .  I have lived in same place for the decade ive fought for this issue. Here is a video clip of me and my cannabinoid specialist 

http://www.youtube.com/watch?v=gP5QOvkv77Y&feature=share

My neurologist came into my hospital room and told me a year ago that there was nothing that they can do for me anymore except keep me comfortable and treat symptoms. I have massive calcium deposits on my brain. I have pseudo-hypo parathyroidism which has completely disabled me and caused major medical problems such as crippling arthritis ,diseased esophagus, hiatal hernia ….inflamed bowel disease with adhesions wrapped around it…. severe hypocalcaemia…. very high phosphorous..  my blood pressure is all over the map … my heart rate is through the roof. All of this can be proven and backed up. Will you do the right thing and support compassion not corruption?

My future is bleak but I have an opportunity to change things and to protect what brain that is not damaged yet.  and most importantly die on my terms.

I CHALLENGE YOU TO SEND THIS TO ALL YOUR COLLEAGUES IN WASHINGTON.

ADDITIONALLY, MS. DAVIS WROTE THE FOLLOWING…..

If anything happens to me I blame my government for not allowing me the same access as my sister state Michigan or the other 17 states and DC …. I want my President to open his heart and allow me to fight for what life I have left with dignity and feel like I belong in this world as well. No ones ever heard me. As a child being abused and molested raped …I tried to tell anyone that would listen I was not heard or protected from age 5 to 12 when someone believed me I was removed to an orphanage. This is just the beginning of how my life spirals I am asking you remove sick people out of this drug war. I can not understand for the life of me how you can do anything you want to smoke a lot of pot do not get caught and you can be president of the United States. But If you do get caught with one joint it can ruin your life. Can we use common sense for drug policy when it comes to cannabis? why can the sister state Michigan get compassion and we don’t? I could go on about my life and I will but not right now. So as you can see there is a way you can save me. If our doctors are smarter now which I believe they are. They are licensed in the state of Ohio… We trust them to write prescriptions / with our lives in their hands anyway why can’t we trust them on determining whether or not their patient can benefit from the use of cannabis as a medicine? DEA will still have their work because people will still break the law. let our law-enforcement get real bad guys those committing domestic violence, violent crimes, home invasions harder drug addictions anything where there is a victim. There has to be a middle ground. I am tired of feeling like I’m a criminal and I don’t deserve to have to live in fear. It is the worst feeling ever. Let me know what you think on the subject. President Obama you are the one president that could change my life forever. What harm does it cause to allow someone like me to use cannabis as a medicine? I should be allowed to use that plant in any form. You could be America’s hero you could be my hero. Please read my open letter to share with your friends I would like you to care enough to stand with me. You all know this drug war is a lie? Have a lot to say tonight. I also want to say I am watching my friends die off one by one and I’m ready when father God calls me home… I don’t have to die right away I believe that with all my heart. Okay I’m done for a while… I may continue my talk if my community is watching ,thank you for being tolerant of me. You guys gave me my voice. Some day you will hear my whole story my life didn’t change until my mid-30s. It’s been a vicious cycle of domestic violence rape home invasion theft..even kidnapping my life has been a nightmare. No one has ever heard me I always fell before things changed. my life is make life movie. I would call it "If Only Heard" I have a strong testimony and willing to share it as well.. God has been a big part of my survival. seems like I had to experience all this to understand so id be a strong servant. my life is in Gods hand as well as our government…

OPEN Letter to Ohio Legislators and Washington DC

 

2007_1110TYPennington0016

 

 

 

by Tonya Davis on Sunday, November 25, 2012 at 9:33pm ·

Lawmakers… Please don’t let me die knowing that this plant could have saved me and you denied the same access as 18 states and DC as well as the 4 federal patients. You can stand up for me and many folks like me..

(I just want to say thank you for reposting my Open Letter Note.)

Come on Obama Administration… I need access to the whole plant of cannabis. I do not buy …. sell or grow… I should have the right to grow it like tomatoes for my medicine. I should be able to use its oils and juice its leaf or eat is raw. or smoke a joint whichever I need at the time.End marijuana Prohibition TODAY!!! and also SAVE Americans at the same time. This plant is the only thing that could save my life. Facebooker’s will you share this everywhere please.

This is an open letter to my Ohio legislators.

I have nowhere else to turn. I hope you hear my cries for help and I hope you stand up for me. Representative Bobby Hagan will be  Re introducing the Ohio medical compassion act which I hope you will consider cosponsoring  in January 2013.

It would merely allow Ohio’s doctors and patients to decide whether or not medical cannabis could benefit them or not. It would allow the department of health to keep an eye on the program and make sure there were no abuses. Anyone that is in the program would be in a database so that you can keep track of this act of compassion.

We also believe that it would save Ohio taxpayers millions of dollars by not arresting, incarcerating  and prosecuting folks for making a choice using cannabis as medicine. we also believe that the Obama administration would not bother our program because there would not be storefronts or dispensaries selling the product.

Over 73% of Ohioans support the compassionate use of marijuana..I am not sure you are aware but our sister state of Michigan has a medical cannabis program. We believe that we should have the same rights as those folks  just across our border.

Also Colorado and Washington just legalized marijuana for personal use.

My name is Tonya Davis and I’m your constituent. I am a mother, grandmother, sister, daughter. I could be your neighbor, friend, coworker. You have seen me at the Ohio Statehouse over the last decade in a suit rolling around in my wheelchair trying to bring your attention to alternative medication that is actually safer than aspirin. Yes I’m talking about medical cannabis and this has been my choice of medicine. For a long time you said to me to "bring in a doctor that supports this issue" I have!  you have said "bring in the science that supports cannabis as medicine" I have.. You have said " get a Republican on board" WE HAVE… we have jumped through the hoops that you have asked us to jump through.

We have a certified petition for the Ohio alternative treatment amendment that was certified by the SOS and the AG October of last year. We currently have house Bill 214  that is being ignored in the health committee because our speaker of the house refuses to give it a hearing. Now I’m asking you to save my life.

My whole life I have begged for help no one ever hears me. I will be heard this time because  this is my life I’m fighting for and I’m going to die on my terms.

Our government knows that cannabis is a medicine and that it is a neuro protective and antioxidant. they have  patents on it.  I am literally fighting for my life and my independence as well as tryin to keep my cognitive thinking okay.  By allowing me the same access as the 18 states plus Washington DC as well as the four patients that are currently allowed on federal level …it is not harming anyone.

I deserve that same access even though I am in the state of Ohio. I should not have to go die like a wounded animal in the woods. (going to a state that does have medical cannabis laws) where  I have no family and a support system.

I am not a drug addict, suffer from mental illness or have any type of criminal record.

I do have my Ohio doctors support , I have my pharmacist support… I have my out-of-state written recommendation from my cannabinoid specialist .  I have lived in same place for the decade ive fought for this issue. Here is a video clip of me and my cannabinoid specialist 

http://www.youtube.com/watch?v=gP5QOvkv77Y&feature=share

My neurologist came into my hospital room and told me a year ago that there was nothing that they can do for me anymore except keep me comfortable and treat symptoms. I have massive calcium deposits on my brain. I have pseudo-hypo parathyroidism which has completely disabled me and caused major medical problems such as crippling arthritis ,diseased esophagus, hiatal hernia ….inflamed bowel disease with adhesions wrapped around it…. severe hypocalcaemia…. very high phosphorous..  my blood pressure is all over the map … my heart rate is through the roof. All of this can be proven and backed up. Will you do the right thing and support compassion not corruption?

My future is bleak but I have an opportunity to change things and to protect what brain that is not damaged yet.  and most importantly die on my terms.

I CHALLENGE YOU TO SEND THIS TO ALL YOUR COLLEAGUES IN WASHINGTON.

ADDITIONALLY, MS. DAVIS WROTE THE FOLLOWING…..

If anything happens to me I blame my government for not allowing me the same access as my sister state Michigan or the other 17 states and DC …. I want my President to open his heart and allow me to fight for what life I have left with dignity and feel like I belong in this world as well. No ones ever heard me. As a child being abused and molested raped …I tried to tell anyone that would listen I was not heard or protected from age 5 to 12 when someone believed me I was removed to an orphanage. This is just the beginning of how my life spirals I am asking you remove sick people out of this drug war. I can not understand for the life of me how you can do anything you want to smoke a lot of pot do not get caught and you can be president of the United States. But If you do get caught with one joint it can ruin your life. Can we use common sense for drug policy when it comes to cannabis? why can the sister state Michigan get compassion and we don’t? I could go on about my life and I will but not right now. So as you can see there is a way you can save me. If our doctors are smarter now which I believe they are. They are licensed in the state of Ohio… We trust them to write prescriptions / with our lives in their hands anyway why can’t we trust them on determining whether or not their patient can benefit from the use of cannabis as a medicine? DEA will still have their work because people will still break the law. let our law-enforcement get real bad guys those committing domestic violence, violent crimes, home invasions harder drug addictions anything where there is a victim. There has to be a middle ground. I am tired of feeling like I’m a criminal and I don’t deserve to have to live in fear. It is the worst feeling ever. Let me know what you think on the subject. President Obama you are the one president that could change my life forever. What harm does it cause to allow someone like me to use cannabis as a medicine? I should be allowed to use that plant in any form. You could be America’s hero you could be my hero. Please read my open letter to share with your friends I would like you to care enough to stand with me. You all know this drug war is a lie? Have a lot to say tonight. I also want to say I am watching my friends die off one by one and I’m ready when father God calls me home… I don’t have to die right away I believe that with all my heart. Okay I’m done for a while… I may continue my talk if my community is watching ,thank you for being tolerant of me. You guys gave me my voice. Some day you will hear my whole story my life didn’t change until my mid-30s. It’s been a vicious cycle of domestic violence rape home invasion theft..even kidnapping my life has been a nightmare. No one has ever heard me I always fell before things changed. my life is make life movie. I would call it "If Only Heard" I have a strong testimony and willing to share it as well.. God has been a big part of my survival. seems like I had to experience all this to understand so id be a strong servant. my life is in Gods hand as well as our government…

Richard Flor died on Wednesday after suffering heart attacks and kidney failure about six months into his five-year federal sentence…

alert_header_08.31.12.png

 

Dear Supporter,

Five years ago, Montana’s most outspoken medical marijuana patient — Robin Prosser — committed suicide after the DEA seized her medicine, making her life unbearable.
Now flash forward to this past Wednesday night, when the feds’ war on medical marijuana claimed another Montana citizen’s life …
Former medical marijuana provider Richard Flor died on Wednesday after suffering heart attacks and kidney failure about six months into his five-year federal sentence. Richard was sentenced despite suffering from diabetes, Hepatitis C, and osteoarthritis.
For months, the federal government failed to place him in a facility that could give him the medical care he needed — and that the judge recommended.
Let your Congress member know that it’s past time to end this carnage.
Richard was Montana’s first registered caregiver, under a law that MPP passed via voter initiative in November 2004. He was assisting his wife Sherry — who suffers from chronic pain and is allergic to pain medications — as well as other patients.
Richard believed President Obama and his Justice Department when they said that medical marijuana providers would not be a federal enforcement priority. So, in 2009, Richard co-founded Montana Cannabis, where patients could get reliable, safe access to their medicine. But then the feds suddenly shifted their policy in March 2011, targeting Montana Cannabis and several other providers without warning. 
The feds didn’t spare Sherry, either: She is serving a two-year sentence.
Please email your U.S. House representative to ask them to pass legislation to give legal protection to medical marijuana patients, caregivers, and businesses in the 17 (and soon to be more) states and the District of Columbia, where medical marijuana is legal.

Rob Kampia signature (master)

Rob Kampia thumbnail (master)Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S.  If you’d like to send Sherry a sympathy card, please mail it to:
    Sherry Flor #11358046
    Federal Prison Camp
    37930 North 45th Avenue
    Phoenix, AZ 85086

Ask your U.S. Representative to stand up for medical marijuana patients and providers

A second medical marijuana patient has been denied a transplant at Cedars-Sinai

Patient Toni Trujillo was put on a kidney transplant list earlier this year after her existing kidney transplant began to fail but she was booted off the list because of her "substance abuse," according to Americans for Safe Access.

The group that advocates on behalf of medical marijuana says that Trujillo has been on dialysis for the past five years and has suffered from kidney problems most of her life. She actually moved to California from Pennsylvania two years ago to take advantage of treatment at Cedars. She told her physicians at the time that she was using medical marijuana as an appetite stimulant to increase her protein levels, and they never raised any concerns about it. Then in April she was told over the phone that she was being booted off the list because of her marijuana use. They considered it "substance abuse."

"I don’t know why Cedars would deny me a transplant simply because I use a legal medication that works for me," Trujillo told the ASA. "I hope they listen to reason and change their misguided policy, if not for me then at least for the others who will certainly follow."

Another transplant candidate at Cedars-Sinai was booted off the list for his medical marijuana use last year. Norman Smith, a cancer patient, was diagnosed with inoperable liver cancer in 2009 but was removed from the transplant list because of his marijuana usage.

Using medical marijuana is frowned upon by the doctors who determine who gets on the competitive transplant list and who doesn’t. At the time, Dr. Jeffrey Crippin, former president of the American Society of Transplantation and medical director at Washington University in St. Louis, told the Los Angeles Times, "If you are drunk or high or stoned, you are not going to take your medicine."

Both Trujillo and Smith were told that they have to abstain from marijuana for six months to re-qualify for the wait list and take drug abuse counseling for the same period, according to ASA. Both have given up medical pot, even though they said it was helpful in treating their health problems.

Related:
Cancer Patient Denied Liver Transplant After Using Medical Marijuana

CONTINUE READING

A second medical marijuana patient has been denied a transplant at Cedars-Sinai

Patient Toni Trujillo was put on a kidney transplant list earlier this year after her existing kidney transplant began to fail but she was booted off the list because of her “substance abuse,” according to Americans for Safe Access.

The group that advocates on behalf of medical marijuana says that Trujillo has been on dialysis for the past five years and has suffered from kidney problems most of her life. She actually moved to California from Pennsylvania two years ago to take advantage of treatment at Cedars. She told her physicians at the time that she was using medical marijuana as an appetite stimulant to increase her protein levels, and they never raised any concerns about it. Then in April she was told over the phone that she was being booted off the list because of her marijuana use. They considered it “substance abuse.”

“I don’t know why Cedars would deny me a transplant simply because I use a legal medication that works for me,” Trujillo told the ASA. “I hope they listen to reason and change their misguided policy, if not for me then at least for the others who will certainly follow.”

Another transplant candidate at Cedars-Sinai was booted off the list for his medical marijuana use last year. Norman Smith, a cancer patient, was diagnosed with inoperable liver cancer in 2009 but was removed from the transplant list because of his marijuana usage.

Using medical marijuana is frowned upon by the doctors who determine who gets on the competitive transplant list and who doesn’t. At the time, Dr. Jeffrey Crippin, former president of the American Society of Transplantation and medical director at Washington University in St. Louis, told the Los Angeles Times, “If you are drunk or high or stoned, you are not going to take your medicine.”

Both Trujillo and Smith were told that they have to abstain from marijuana for six months to re-qualify for the wait list and take drug abuse counseling for the same period, according to ASA. Both have given up medical pot, even though they said it was helpful in treating their health problems.

Related:
Cancer Patient Denied Liver Transplant After Using Medical Marijuana

CONTINUE READING