• September 12, 2017

    Call your Senator to Support the Leahy Amendment

    To find and contact your Senator, click here.

    Talking Points

    • I’m calling today to ask for your Senator’s support of the Leahy amendment to the appropriations bill. This amendment protects medical cannabis businesses and patients in states where it’s legal. It does this by barring the Department of Justice from using its funds to interfere with state legal medical cannabis programs.
    • This provision has been included in federal law since 2014, and will continue to be in effect until December 8th, 2017 when the current funding bill runs out.
    • 46 states have legalized some form of cannabis. Additionally, over 90% of individuals believe medical cannabis should be legalized and 73% do not support federal law enforcement actions that undermine state marijuana laws.
    • The cannabis industry supports tens of thousands of jobs, tens of millions in tax revenue, and billions in economic activity in the United States.
    • Thanks for taking my call, I appreciate you listening to my concerns.
     

5 Comments

Darryl Cotton

To those States Attorney Generals who find themselves contemplating how to respond and react to AG Sessions latest actions regarding his rescinding of the Cole Memo, please consider the following:

if AG Sessions does decide, as some now fear, to curtail federal entitlements to those Medical Cannabis (MC) Patients who had been in complete compliance with state medical cannabis laws, should those MC Patients suffer a financial loss due the state from not protecting the MC Patients confidential medical records, than the state would be held liable for that MC Patients loss of federal entitlements.

While the states can always assert their 10th amendment rights on ‘recreational’ cannabis law and we’ll see where that eventually ends up, when it comes to the MC Patient’s rights this should not even be open for debate when it comes to compensating a MC Patient’s federal entitlement losses as a direct result of Sessions actions to withhold MC Patients entitlements from databases the states would have provided him.

The states know that cannabis is classified as a Schedule One drug. As such Sessions has no legitimate reason to want these state MC Patient databases in the first place. Nothing good was going to come of that. After all the previous administration had never requested these state databases and Sessions has made no secret as to what he feels his responsibilities are in enforcing federal drug laws as defined under the Controlled Substance Act.

Within the CSA there is no exemption for medical cannabis and there is currently no memo directing the US Attorneys under his authority to not prosecute medical cannabis related activities. With that it should come as no surprise that Sessions is not prepared to distinguish between medical and recreational cannabis related activities and those states that have medical cannabis laws would be morally and legally responsible from protecting the MC Patient from the threat of federal enforcement of a law the states did not agree with.

With that if a state willingly provides Sessions with MC Patient information they have violated patient privacy rights as set forth in HIPAA Security Rules and should be held responsible for the financial losses that befall those who would be impacted by Sessions decision to withhold federal entitlements. By providing Sessions these databases the states have given Sessions the tools he’ll use to destroy the medical cannabis patient. Having provided Sessions these databases the least these states can do is immediately step in and compensate the MC Patients who would suffer as a result of the states actions.

Until the states and the federal government find a way to work this out I would respectfully request that you secure your state databases and honor HIPAA. If your state has already provided Sessions with these MC Patient databases be ready to assure those MC Patients who may lose the federal entitlements under Sessions that the state has every intention of compensating them for those losses. And finally, until this is resolved, should any federal agency make a request for your states MC Patient database your response should be; JUST SAY NO!

Reply
Susan Lawson

This is a very underhanded thing for SESSIONS to do. Trump has had to be in agreement as well. People depend on Medical marijuana for many reasons, usually as nothing else has worked for pain, seizures, anxiety, etc. how dare them take away our rights to be healthier, but we already know they are no t worried about that. How about all the thousands of workers who will now be out of a job or producers who have put a great deal of money in it. Well I guess they feel we can still get it illegally, and they are used to breaking the law.

Reply

Leave a Reply

Your email address will not be published. Required fields are marked *