Appendix L State Medical Marijuana Legislation Considered 20052006

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State Medical Marijuana Legislation Considered

During the 2005-2006 Legislative Sessions*

State

Bill Number

Intent

Good

Outcome

or Bad

Alabama

H.B. 703

Remove criminal

G

Died at the end

(2005)

penalties and threat of

of session on the

arrest for patients who

House floor.

grow, possess, and use

medical marijuana.

Connecticut

S.B. I24

Remove criminal

G

Died at the end of

(2005)

penalties and threat of

the session on the

arrest for patients who

Assembly floor.

grow, possess, and use

medical marijuana.

Connecticut

H.B. 6I54

Prohibit the medical use

B

Died in the Joint

(2005)

of "crude marijuana" that

Committee on

has not been tested and

Judiciary.

approved for such use

by the federal Food and

Drug Administration.

Hawaii

H.B. I046

Would transfer

G

Died in the House

(2005)

administration of the

Health Committee.

medical marijuana

program from the

Narcotics Enforcement

Division in the

Department of Public

Safety to the Department

of Health. The bill would

also convene a standing

committee to consider

the addition of other

medical conditions to the

program.

Hawaii

S.B. I28

Would transfer

G

Passed the Senate

(2005)

administration of the

and died at the end

medical marijuana

of the session in

program from the

the House Finance

Narcotics Enforcement

Committee.

Division in the

Department of Public

Safety to the Department

of Health. The bill would

also convene a standing

committee to consider

the addition of other

medical conditions to the

program.

State Medical Marijuana Legislation Considered During the 2005-2006 Legislative Sessions*

State

Bill Number

Intent

Good or Bad

(2005-2006)

H.B. 407, S.B. 2568

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

H.B. 407 died in the House Human Services Committee; S.B. 2568 died on the Senate floor.

Illinois

(2005-2006)

H.R. 398, S.R. 256

Establish a commission to study the benefits of medical marijuana.

G

H.R. 398 died in House Rules Committee; S.R. 256 died in Senate Rules Committee.

Iowa (2005)

S.F. 64

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Carried over to 2006.

Maryland

(2006)

H.B. 1458, S.B. 816

Remove criminal penalties and threat of arrest for patients who acquire, possess, and use medical marijuana.

G

H.B. 1458 died in House Judiciary Committee; S.B. 816 died in Senate Judicial Proceedings Committee.

Massachusetts (2005)

H.B. 2742, S.B. 998

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

At time of publication, both bills are in committee.

Michigan

(2006)

H.B. 5470

Would remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Currently pending in the House Committee on Government Operations.

Minnesota (2005-2006)

S.F. 1973

H.F. 2151 and S.F. 488 would remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana. S.F. 1973 would remove criminal penalties and the threat of arrest for patients who acquire, possess, and use medical marijuana and for caregivers who grow marijuana for patients.

G

H.F. 2151 and S.F. 488 died in committee; S.F. 1973 passed the Senate Health and Family Security; Judiciary; Crime Prevention and Public Safety; and Finance committees. At the time of publication, S.F. 1973 remains on the Senate floor.

State Medical Marijuana Legislation Considered During the 2005-2006 Legislative Sessions*

State

Bill Number

Intent

Good or Bad

Outcome

Mississippi (2005)

H.B.147

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Died in Judiciary Committee.

Mississippi (2006)

H.B.53

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Died in Judiciary Committee.

Missouri (2005)

S.B. 197

Ban high school athletic tournaments in cities that adopt local medical marijuana ordinances.

B

Withdrawn by the author.

Missouri (2005)

H.B.1831

H.B. 1831 would remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Heard in House Public Health Committee. No vote; died with end of session.

Nevada (2005)

A.B.519

Allow the Department of Agriculture to revoke the registry identification card of a participant in the state's medical marijuana program who has been convicted of drug trafficking or has intentionally provided false information on his or her application.

B

Signed into law by governor.

Hampshire (2005-2006)

H.B. 238

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Defeated on House floor, 252-116.

New Jersey (2006-2007)

S. 88, A.933

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

S. 88 remains in the Senate Health, Human Services and Senior Citizens Committee; A. 933 remains in the Assembly Health and Senior Services Committee.

State Medical Marijuana Legislation Considered During the 2005-2006 Legislative Sessions*

State

Bill Number

Intent

Good or Bad

Outcome

New Mexico (2005)

S.B. 891

Remove criminal penalties and threat of arrest for patients who possess and use medical marijuana. Would require state-licensed dispensaries.

G

Passed the Senate, and died at the end of session in the House Judiciary Committee.

New York

(2005)

A. 8265, S. 5040, S. 1062

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Pending in Health committees.

Ohio

(2005-2006)

S.B. 74

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Remains in the Senate Judiciary Committee on Criminal Justice.

Oregon

(2005)

H.B. 2693

As pending, would give increased leeway to discriminate against medical marijuana patients in the workplace, by allowing employment decisions based on actions that occur outside the workplace. Intended to overturn Washburn v. Columbia Forest Products, Inc., 104 P.3d 609 (Ore. Ct. App. 2005).

B

Died in Senate Rules Committee.

Oregon (2005)

S.B. 1085

As pending, would increase limits to six mature plants and 24 ounces of dried marijuana per patient or caregiver. However, the bill would eliminate the affirmative defense for going over these limits.

G/B

Signed into law by governor.

Oregon (2005)

H.B. 5077

Shift $900,000 worth of accumulated funds from the Oregon Medical Marijuana Program and transfer those funds to the Department of Health.

B

Signed into law by governor.

State Medical Marijuana Legislation Considered During the 2005-2006 Legislative Sessions*

State

Bill Number

Intent

Good or Bad

(2005)

H.B. 6052, S.B. 710

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Enacted by legislature's override of governor's veto.

South Dakota

(2005)

H.B. 1109

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

Died in House Health and Human Services Committee.

Tennessee (2005-2006)

H.B. 968, S.B. 1942

Remove criminal penalties and threat of arrest for patients who grow, possess, and use medical marijuana.

G

H.B. 968 remains in the House Health & Human Resources Committee; S.B. 1942 remains in the Senate General Welfare, Health and Human Resources Committee.

Texas (2005)

H.B. 658

Provide an affirmative defense to patients who grow, possess, and use medical marijuana.

G

Died in the House Criminal Jurisprudence Committee.

Vermont

(2005)

H.B. 441

Allow medical marijuana to be used for more debilitating conditions; move the registry program to the Department of Health; and reduce the registry fee.

G

Died in House Human Services Committee.

Washington

(2005)

S.B. 5943

Clarify the law so that medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment without fear of state criminal prosecution.

G

Died in the Senate Rules Committee.

Wisconsin (2005-2006)

A.B. 740

Remove criminal penalties and threat of arrest for patients who acquire, possess, and use medical marijuana.

G

Died in Assembly Health Committee.

* In some states that have two-year legislative cycles, bills that are not passed or defeated in the first year can be considered in the second year. In other states with two-year cycles, bills that are not passed or defeated do not carry over to the following year.

State-By-State Report 2006

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