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Medical Cannabis & Regulation Ordinance

 
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Tafari
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 03 Feb 2004
Posts: 338
Location: Oregon Coast

PostPosted: Thu Feb 02, 2006 1:10 am    Post subject: Medical Cannabis & Regulation Ordinance Reply with quote

Newest Version: 2/3/06

Section 1: TITLE
(City) Medical Cannabis & Regulation Ordinance

Section 2: FINDINGS
The people of (City), Wisconsin find as follows:

WHEREAS the current laws against cannabis have needlessly harmed patients who need cannabis for medical purposes; and

WHEREAS the purpose of this resolution, would include, but not be limited to the treatment of AIDS, glaucoma, cancer, multiple sclerosis, and other diseases which require chemotherapy, as well as other serious illnesses; and

WHEREAS it is a goal of the people of (City) to protect seriously and chronically ill people, and allow those qualified patients safe access to medicinal cannabis with a physicians recommendation and under their supervision; and

WHEREAS medical and governmental studies have consistently found cannabis to be less dangerous than alcohol, tobacco and other drugs; and

WHEREAS otherwise law-abiding adults are being arrested or imprisoned for nonviolent cannabis offenses, clogging our courts and jails; and

WHEREAS it is a goal of the people of (City) to keep drugs off the streets and away from children, and to eliminate street dealing and violent crime; and

WHEREAS it is the hope of the people of (City) that there will be state and federal law reform that will eliminate the problems and costs caused by cannabis prohibition;

THEREFORE the people of the City of (City) do hereby enact the following ordinance establishing the cannabis policy of the city.

Section 3: DEFINITION
a) "Cannabis" - Means the resin extracted from any part of the plant Cannabis Sativa L., or any other non fibrous extract from any part of the plant containing delta-9-tetrahydrocannabinol
b) “Physician” – Means an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of Wisconsin or the Osteopathic Medical Board of Wisconsin and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate and/or a licensed physicians within the United Sates of America.

Section 4: PURPOSE
The purpose of this ordinance is:
a) To express the compassion of the people of (City) for the terminally & chronically in our community whose sufferings would be alleviated by the use of medical cannabis.
b) To ensure that patients, for whom cannabis has been recommended by a physician and/or a licensed physician within the United States of America, suffer no punishment or penalty for obtaining, possessing, cultivating, and/or using medicinal cannabis and/or cannabis paraphernalia, and to ensure that individuals are not arrested for the possession of less than 448 grams of medicinal cannabis and/or 25 plants and/or cannabis paraphernalia.
c) Seriously ill Wisconsinites with an appropriate recommended by a physician and/or a licensed physician within the United States of America who has determined that the person's health would benefit from the use of marijuana in the treatment of Cancer, HIV, AIDS, Chronic Pain, Glaucoma, Spasticity, Glaucoma, Arthritis, Migraine, Multiple Sclerosis, Epilepsy, Fibromalasia, or any other serious condition for which marijuana provides relief. Patients who obtain and use cannabis for medicinal purposes upon the recommendation of a physician shall not be subject to any arrest, prosecution, punishment, or sanction; once a doctor's recommendation has been provided by the patient, any cannabis and/or cannabis paraphernalia charges against the patient shall be dismissed by the prosecuting attorney. Also, physicians who recommend medicinal cannabis for their patients shall not be subject to any arrest, prosecution, punishment or sanction. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office.
d) If a qualified patient has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient may possess an amount of medical cannabis consistent with the patient's needs.
e) To direct the (City) Police Department to make investigation, citation, and arrest for private adult cannabis offenses the lowest law enforcement priority, effective immediately upon passage of this ordinance.

Section 5: REGULATION
The City of (City) shall establish a system to regulate, tax, and license business to distribute medical cannabis to qualified patients
a) The sale and distribution to minors will be strictly prohibited;
b) Cannabis businesses shall be required to pay taxes and licensing fees;
c) Onsite consumption shall be licensed and subject to reasonable air quality standards.

Section 6: LOWEST LAW ENFORCEMENT PRIORITY
a) The (City) Police Department shall make investigation, citation, and arrest for private adult cannabis offenses (City) ‘s lowest law enforcement priority.
b) This "lowest law enforcement priority" policy shall not apply to distribution of cannabis to minors, distribution or consumption of cannabis in public places, or motor vehicle violations.

Section 7: ADVOCACY FOR LEGISLATIVE REFORM
The City of (City) shall advocate, through its lobbyist and other city officers, for changes to state law (and laws at other levels of government as necessary) to support the goals and implementation of this ordinance. Legislative changes to be advocated include:
a) Allow for the cultivation, possession, transportation, and consumption of Medicinal cannabis for qualified patients with a physicians recommendation;
b) Grant local control to cities and counties to license and regulate medicinal cannabis businesses, and collect appropriate fees and/or taxes; and
c) End the prosecution, arrest, investigation and imprisonment for adult, private cannabis offenses.
d) Restore medical Cannabis preparations to the list of available medicines which can be prescribed by licensed physicians.
e) Provide for by law and institute such mechanisms as may be necessary to insure a safe and affordable supply of cannabis for medical use.
d) To advocate for changes in state law (and at other levels as necessary) to authorize and eliminate criminal penalties for qualified medicinal cannabis use, possession, & cultivation by qualified patients with a physicians recommendations.

Section 8: SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to there persons or circumstances shall not be affected thereby.


Last edited by Tafari on Fri Feb 03, 2006 8:09 am; edited 1 time in total
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Tafari
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 03 Feb 2004
Posts: 338
Location: Oregon Coast

PostPosted: Thu Feb 02, 2006 1:13 am    Post subject: Reply with quote

Hello Everyone,

I'm going to try and seek funding to do several city wide initiative. I need some input and feed back on this. Please read over this initiative and let me know what you think. And if you would ad something or delete some let me know.

Tafari
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The Wisco Sha'man
Shaman
Shaman


Joined: 30 Jan 2006
Posts: 39

PostPosted: Thu Feb 02, 2006 2:20 am    Post subject: Good tididng from the Dairy LAnd Reply with quote

This is a tried and true law in wisconsin.. if you have a legal perscription from a doctor your legal to possess marijuana... sooooooooooooooo.. if you lived in california formerly you can use your medical card in wisconsin..

there was a case in baraboo i beleive and the lady was found not guilty..

look more into it i wish i had the case name but its there..

from my lay impression.. it allows for the possesion of any quanity.. tho i may be wrong..
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The Wisco Sha'man
Shaman
Shaman


Joined: 30 Jan 2006
Posts: 39

PostPosted: Thu Feb 02, 2006 2:27 am    Post subject: My Mistake... Reply with quote

There is already a law on the books that allows for medicinal marijuana.. however its impossible to get a script here .. as far as I know...thought that was the content of the post.. sorry...

PM me, Id like to know what cities you want to propose the intiatives.. what actions have to be taken to, push it to vote and what not.
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Tafari
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 03 Feb 2004
Posts: 338
Location: Oregon Coast

PostPosted: Thu Feb 02, 2006 6:15 am    Post subject: Re: Good tididng from the Dairy LAnd Reply with quote

The Wisco Sha'man wrote:
This is a tried and true law in wisconsin.. if you have a legal perscription from a doctor your legal to possess marijuana... sooooooooooooooo.. if you lived in california formerly you can use your medical card in wisconsin....


Not exactly,

The case your thinking of would be a girl named Jen that I knew who has MS.

The only city in Wisconsin with anything on the books would be Madison.

Anyhow I'm thinking of going with the more progressive college towns.

Tafari
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The Wisco Sha'man
Shaman
Shaman


Joined: 30 Jan 2006
Posts: 39

PostPosted: Thu Feb 02, 2006 7:03 am    Post subject: No actually her name was Cheryl Reply with quote

I found the article..

http://www.immly.org/tv27_wi_mmj_loophole.htm

Also I dont know if the law is still on the books..

gimmie a while to find out for sure
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Tafari
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 03 Feb 2004
Posts: 338
Location: Oregon Coast

PostPosted: Thu Feb 02, 2006 7:24 am    Post subject: Reply with quote

Good find Sha'man,

It would be nice to find the motions filed in this case or get our hands on them some how. Could you did a little more?

The odd thing is there is not one doctor that can write a subscription for marijuana. (Except for maybe our federal government). But every patient that is one has a recommendation. Those two words (subscription/recommendation) are what made AZ law no good. I actually have a recommendation for marijuana from my doctor.

But tell me, what don't you like in my intiative? And what would you like to see in a medical marijuana initiative? I don't think AB-740 is going to pass.

Tafari
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