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York County's top prosecutor favors the use of medical marijuana but won't be complying with a state senator's request that he and other district attorneys stop prosecuting local cases in which people used the illegal plant for medical purposes. District Attorney Tom Kearney did, however, say he could recognize "different circumstances" and make some special arrangements for those who can show they were using it for medical reasons. Kearney said he has not yet seen the letter sent by Sen. Daylin Leach, D-Montgomery/Delaware, one of the sponsors of a bill to legalize medical marijuana. But he said a request from one senator is not going to cause him to disobey his oath to uphold the ban on medicinal marijuana while it's still against the state's law.
'Act of compassion': Leach said Wednesday he sent the letter to D. Peter Johnson, president of the Pennsylvania District Attorneys Association and Union County's district attorney, as well as to the state's other 66 district attorneys. The letter asks the officials to "perform an act of compassion" and "consider using your prosecutorial discretion to forgo prosecution of any person for possession of cannabis if said person can demonstrate that they are using the cannabis for medical purposes." Leach wrote that parents whose children are suffering from seizure disorders, veterans suffering from PTSD and cancer patients face three "bad options" – enduring their suffering, moving to "a more accommodating state," or risking arrest by getting medical marijuana and bringing it back to Pennsylvania.
Leach's legalization bill, also sponsored by Sen. Mike Folmer, R-Lebanon/Dauphin/York, overwhelmingly passed the Senate last month but didn't come to a vote in the House. It's uncertain whether Gov. Tom Corbett would sign the bill, as he has limited his support of medical marijuana to a yet-to-be-launched pilot program for children with seizures. Leach wrote that he believes Democrat Tom Wolf, who's in favor of medical marijuana, could be governor next year and that medical marijuana will be legal by early 2015. In closing, Leach asked the district attorneys to issue a statement "letting those who are suffering know that they will not be treated as criminals for trying to save their daughter or their father or themselves." While Kearney had not yet received the letter, he said he considers it a "back-door" political tactic. He would rather the senator get back to work and pass the legislation instead of asking district attorneys to break their oaths to prosecute violations of law, he said.
Using discretion: His position on the letter aside, Kearney said he can use his discretion to make accommodations for those he believes are using marijuana for medical purposes. He said he might consider allowing a person using medical marijuana for glaucoma to enter a diversionary program that allows people to avoid convictions by instead completing court-ordered requirements, including community service and paying restitution. Defendants who successfully complete the program can have their records expunged.
"Personally, I believe medical marijuana has a use, but I think we need to go slowly and consider which issues we'll allow medical use for," he said. "There are many laws on the books that I take issue with, but that doesn't mean I don't have to enforce them." He said marijuana is a victim of a decades-old stigma, and it's contradictory for the medical establishment to endorse the use of opiates and "very strong" addictive medications while shunning marijuana. "I do believe the science does say marijuana has a use in the medical field ... and we use much worse through pharmaceuticals," he said. A secretary in Johnson's office said Johnson is on vacation. He did not respond to a request for comment sent to his email account, which kicked back an "out of office" auto-response.
News Moderator - The General @ 420 MAGAZINE ®
Source: Yorkdispatch.com
Author: Christina Kauffman
Contact: Contact Us
Website: York County DA favors medical marijuana but won't stop prosecuting - York Dispatch
'Act of compassion': Leach said Wednesday he sent the letter to D. Peter Johnson, president of the Pennsylvania District Attorneys Association and Union County's district attorney, as well as to the state's other 66 district attorneys. The letter asks the officials to "perform an act of compassion" and "consider using your prosecutorial discretion to forgo prosecution of any person for possession of cannabis if said person can demonstrate that they are using the cannabis for medical purposes." Leach wrote that parents whose children are suffering from seizure disorders, veterans suffering from PTSD and cancer patients face three "bad options" – enduring their suffering, moving to "a more accommodating state," or risking arrest by getting medical marijuana and bringing it back to Pennsylvania.
Leach's legalization bill, also sponsored by Sen. Mike Folmer, R-Lebanon/Dauphin/York, overwhelmingly passed the Senate last month but didn't come to a vote in the House. It's uncertain whether Gov. Tom Corbett would sign the bill, as he has limited his support of medical marijuana to a yet-to-be-launched pilot program for children with seizures. Leach wrote that he believes Democrat Tom Wolf, who's in favor of medical marijuana, could be governor next year and that medical marijuana will be legal by early 2015. In closing, Leach asked the district attorneys to issue a statement "letting those who are suffering know that they will not be treated as criminals for trying to save their daughter or their father or themselves." While Kearney had not yet received the letter, he said he considers it a "back-door" political tactic. He would rather the senator get back to work and pass the legislation instead of asking district attorneys to break their oaths to prosecute violations of law, he said.
Using discretion: His position on the letter aside, Kearney said he can use his discretion to make accommodations for those he believes are using marijuana for medical purposes. He said he might consider allowing a person using medical marijuana for glaucoma to enter a diversionary program that allows people to avoid convictions by instead completing court-ordered requirements, including community service and paying restitution. Defendants who successfully complete the program can have their records expunged.
"Personally, I believe medical marijuana has a use, but I think we need to go slowly and consider which issues we'll allow medical use for," he said. "There are many laws on the books that I take issue with, but that doesn't mean I don't have to enforce them." He said marijuana is a victim of a decades-old stigma, and it's contradictory for the medical establishment to endorse the use of opiates and "very strong" addictive medications while shunning marijuana. "I do believe the science does say marijuana has a use in the medical field ... and we use much worse through pharmaceuticals," he said. A secretary in Johnson's office said Johnson is on vacation. He did not respond to a request for comment sent to his email account, which kicked back an "out of office" auto-response.
News Moderator - The General @ 420 MAGAZINE ®
Source: Yorkdispatch.com
Author: Christina Kauffman
Contact: Contact Us
Website: York County DA favors medical marijuana but won't stop prosecuting - York Dispatch
