Date: 12/7/2006
Rep. Huntley: Ruling Confirms Minnesota Can Protect Medical Marijuana Patients
California Judge Tosses Out Challenge to Medical Marijuana Laws
ST. PAUL, MINNESOTA — Yesterday's ruling rejecting a challenge to California's medical marijuana law removes all doubt that Minnesota has the right to pass similar legislation, Rep. Tom Huntley (DFL-Duluth) said today. Huntley has been the lead sponsor of legislation in the Minnesota House of Representatives that would allow Minnesota patients suffering from terminal and chronic illnesses to use marijuana if their physician has certified that the patient would benefit.
"This ruling removes any doubt that our state can act to protect medical marijuana patients from arrest under state law, regardless of federal policy, and there is no reason not to pass this bill promptly," Huntley said. Rep. Huntley will be chairman of the Health and Human Services Finance Committee in the 2007 Legislature. A Ph.D. biochemist, Rep. Huntley has helped train a generation of Minnesota physicians as a member of the medical school faculty at the University of Minnesota - Duluth.
In the California case, San Diego County sought to overturn the state's medical marijuana law and a program under which counties were required to issue ID cards identifying legally qualified medical marijuana patients, claiming that federal law bars the state from enacting such a program. Superior Court Judge William R. Nevitt Jr. flatly rejected the argument, writing, "Requiring the counties to issue identification cards for the purpose of identifying those whom California chooses not to arrest and prosecute for certain activities involving marijuana use does not create a 'positive conflict'" with federal law. Nevitt had already issued a tentative ruling Nov. 16 rejecting the county’s argument.
"This ruling comes as no surprise, given that state medical marijuana laws have been protecting thousands of patients for the past 10 years without previously being challenged," said Zane Hurst, legislative analyst for the Marijuana Policy Project in Washington, D.C. "With the California ruling ending all doubt that Minnesota can protect medical marijuana patients, we look forward to supporting Representative Huntley's efforts to pass medical marijuana legislation in 2007."
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