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Sunday, January 6, 2013

Medical Necessity Act has sponsors. What do we do now?

We have secured commitments from an incumbent, credible, So. Dak. senator and from a freshman, credible, So. Dak. representative to introduce the following legislation in their respective chambers within the next few weeks.
FOR AN ACT ENTITLED, An Act to  allow a medical necessity to be used as a defense in certain cases involving the possession or use of marijuana.

Section  1.  Any person arrested or prosecuted for the possession or use of marijuana may submit as a defense, a medical necessity, if:
             (1)    The person has a medical condition recognized by a competent medical authority as a condition for which marijuana is a palliative; or
             (2)    The person has a recommendation by a competent medical authority for the use of marijuana for a medical condition.
Section  2.  A medical necessity defense pursuant to this Act may, at the discretion of the accused, include:
             (1)    Expert testimony;
             (2)    A recommendation by a competent medical authority; and
             (3)    Testimony by other persons with a similar medical condition.
Now, what do we do? First, it is incumbent on the sponsors to get support from their colleagues before they submit the bill. When we see how much support they have garnered, we have to decide whether or not to take witnesses to testify in at least one committee hearing, and two hearings if it makes it out of the first.

You can help by putting us in contact with medical cannabis patients and favorably-disposed medical professionals who are willing to at least talk about testifying in the legislature.

We'll disclose in short order our prime sponsors. We're politicians now and we have to act accordingly.

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