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A House panel has delayed action on a bill that would provide a medical necessity defense to those charged with possession of marijuana in small amounts.
House Bill 1227 is sponsored by Dan Kaiser, an Aberdeen Police Officer and Republican representative. It also has the support of a former Rapid City Police Chief, Sen. Craig Teiszen.
The committee heard debate on the bill but will not vote on the measure until Tuesday.
The proposal would allow those arrested on marijuana charges to argue that their use was out of medical necessity. They'd be allowed to call medical experts to testify to that necessity.
Marijuana would remain illegal, Kaiser said. He told the committee to ignore opponents who might call the bill a first step toward legalizing marijuana.
"I want to focus on the merits of this bill, and I want to encourage the committee to focus on the merits of this bill," Kaiser said.
Dr. Costas Hercules of Rapid City said cancer patients and veterans suffering from PTSD can benefit from marijuana use
"It has a unique effect specific to all drugs," Hercules said.
Emmett Reistroffer, a lobbyist who backed the medical marijuana legalization law voters rejected in 2010, said the bill is worthy of support because it recognizes compassion for those who suffer as a legal defense.
Reistroffer said his support is lukewarm, however, as the bill does not provide for a comprehensive medical marijuana system for those who need it.
"I guarantee you that the opponents will point to this law as proof that we don't need to go any further," Reistroffer said.
Opponents talked about unintended consequences. Bryan Gortmaker of the Division of Criminal Investigation said legislators ought to reject the notion that marijuana is medicine. Acceptance of it as such is an invitation for unscrupulous sellers to take advantage of citizens, he said."
"If marijuana usage is encouraged in South Dakota, the profiteers will benefit," Gortmaker said.
Representatives from the South Dakota Highway Patrol and State's Attorney's Association spoke in opposition, as well. They said the law would essentially force officers to accept the medical marijuana cards presented in the one of the states where the practice is legal.
Most marijuana card holders in those states carry the cards for chronic pain, said Paul Bachand of the State's Attorney's Association.
"We'd now have a complete defense against possession of marijuana," Bachand said.
Minnehaha County State's Attorney Aaron McGowan rejected the premise that prosecutors are targeting the chronically ill.
"It's unnecessary," McGowan said. "The notion that we're putting chronic cancer patients in jail for marijuana is not reality. We are not. Judges can always hear this as mitigation evidence," McGowan said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: argusleader.com
Author: John Hult
House Bill 1227 is sponsored by Dan Kaiser, an Aberdeen Police Officer and Republican representative. It also has the support of a former Rapid City Police Chief, Sen. Craig Teiszen.
The committee heard debate on the bill but will not vote on the measure until Tuesday.
The proposal would allow those arrested on marijuana charges to argue that their use was out of medical necessity. They'd be allowed to call medical experts to testify to that necessity.
Marijuana would remain illegal, Kaiser said. He told the committee to ignore opponents who might call the bill a first step toward legalizing marijuana.
"I want to focus on the merits of this bill, and I want to encourage the committee to focus on the merits of this bill," Kaiser said.
Dr. Costas Hercules of Rapid City said cancer patients and veterans suffering from PTSD can benefit from marijuana use
"It has a unique effect specific to all drugs," Hercules said.
Emmett Reistroffer, a lobbyist who backed the medical marijuana legalization law voters rejected in 2010, said the bill is worthy of support because it recognizes compassion for those who suffer as a legal defense.
Reistroffer said his support is lukewarm, however, as the bill does not provide for a comprehensive medical marijuana system for those who need it.
"I guarantee you that the opponents will point to this law as proof that we don't need to go any further," Reistroffer said.
Opponents talked about unintended consequences. Bryan Gortmaker of the Division of Criminal Investigation said legislators ought to reject the notion that marijuana is medicine. Acceptance of it as such is an invitation for unscrupulous sellers to take advantage of citizens, he said."
"If marijuana usage is encouraged in South Dakota, the profiteers will benefit," Gortmaker said.
Representatives from the South Dakota Highway Patrol and State's Attorney's Association spoke in opposition, as well. They said the law would essentially force officers to accept the medical marijuana cards presented in the one of the states where the practice is legal.
Most marijuana card holders in those states carry the cards for chronic pain, said Paul Bachand of the State's Attorney's Association.
"We'd now have a complete defense against possession of marijuana," Bachand said.
Minnehaha County State's Attorney Aaron McGowan rejected the premise that prosecutors are targeting the chronically ill.
"It's unnecessary," McGowan said. "The notion that we're putting chronic cancer patients in jail for marijuana is not reality. We are not. Judges can always hear this as mitigation evidence," McGowan said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: argusleader.com
Author: John Hult
