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Sunday, May 13, 2012

How Will The Law Will Work


I. To qualify, a patient will be required to have  a certification from a licensed physician as to having a debilitating illness or medical condition. These medical conditions will include but not be limited to:

  a. cancer, glaucoma, HIV, AIDS, Parkinson's Disease, Multiple Sclerosis, damage to the nervous tissue of the spinal
      cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn's
      disease or post-traumatic stress disorder, or any medical condition, medical treatment or disease approved by a
      Board of Physicians that would be established.

  b. Patients would have to be at least 18.

  c. Prison inmates would not qualify, regardless of their medical condition.

   d. An eight-member Board of Physicians would be established, including physicians and surgeons who are board-
       certified in one of the following specialties: neurology, pain medicine, pain management, medical oncology,
       psychiatry, infectious disease, family medicine or gynecology. The board would be able to determine additional
       medical conditions, medical treatments or diseases that qualify for the use of marijuana. A process to petition the
       board and to comment on additions under consideration would be established.


II. Acquiring prescribed marijuana will be handled in the following manner:

      a. Marijuana would be dispensed only by pharmacists specifically licensed to dispense it to patients with a
        certificate from a physician.

      b. A qualifying patient and his or her primary caregiver would be required to register with the Department of
          Health.
       c. A primary caregiver who has ever been convicted of violating any law pertaining to a controlled substance would
           not be permitted to register.

III. To prescribe marijuana a physician must:

       a. The physician would be required to make a medically reasonable assessment that it would be in the patient's
            best interest, based on the patient's medical history and medical condition, in the course of a bona fide                
            physician-patient relationship.

        b. The physician who diagnosed the qualifying patient also would have to explain the potential risks and benefits   
             of palliative marijuana to the patient or, if the patient lacks legal capacity, to the patient's parent, guardian or other
             legal custodian.

         c. Physicians could not have any financial interest in a pharmacy licensed to dispense marijuana.


IV. To dispense marijuana a pharmacy must:

          a. Licensed pharmacies would need to obtain a dispensary license from the commissioner of the Department
              of Health.

          b. The commissioner would determine the maximum number of licenses appropriate to meet the needs of   
              qualifying patients in the state.

          c. The commissioner also would develop regulations on how often pharmacies would have to renew their
              dispensary licenses (at least every two years), licensing fees and areas where dispensaries could not be
              located, based on the criteria governing the location of retail liquor premises.


V. The cultivation of the marijuana will be regulated thusly:

           a. The Health Department commissioner would license producers to cultivate marijuana and distribute it within
                the state.

           b. At any one time, the number of licensed producers would have to be at least three and not more than 10.

           c. Producers would have to pay a nonrefundable application fee of at least $25,000 for a producer license, and
               licenses would have to be renewed at least every five years.

           d. Producers would have to demonstrate that they could grow pharmaceutical-grade marijuana in a secure indoor
               facility and also have the ability to prevent diversion or theft of the marijuana that they grow.

           e. Patients would be able to grow up to but no more than 20 plants in a secure indoor facility and also have the
               ability to prevent diversion or theft of the marijuana they grow.


VI. The legislature will not require insurers to cover marijuana.


VII. Medical marijuana will not be permited to be used:

           a. The law would prohibit ingesting marijuana in a bus, a school bus or any moving vehicle; in the workplace; on   
               any school grounds or any public or private school, dormitory, college or university property; in any public place;
               or in the presence of anyone under 18.

          b. It also would prohibit any use of palliative marijuana that endangers the health or well-being of another person,
              other than the patient or primary caregiver.


VIII. The total amount of marijuana a patient may have on hand:

          a. No more than a one-month supply of dried ready to smoke product and up to 20 live plants.


IX. A landlord may not refuse to rent to a person because of medical marijuana use.


X. A school can not refuse to enroll someone because the person qualifies to use medical marijuana.


XI. An employer can not decide not to hire someone or decide to fire that person because the person uses medical  
      marijuana.

XII. The reasons behind this bill:

        a. Some patients with debilitating conditions say they have tried numerous prescription drugs without success,
                 including some medicines that have serious side effects, and that only medical marijuana can offer them
                 relief.
          
           b. Advocates of legalized medical marijuana also cite its low cost and say that doctors and patients should be
               given the option to use this natural alternative, which can be taken in various forms, including edibles,
               tinctures, vaporization and topical creams; in most cases, smoking is the least desirable method of delivery.

           c. Supporters of the bill note that the federal government has not gone after patients, growers, caregivers or
               dispensaries that are in strict compliance with state and local laws. 



After reading and studying the laws and regulations of the 17 states that currently allow medical marijuana, this is how I see it to be best regulated on a Federal level. If anyone disagrees or even agrees with this set of laws, please comment and let me know what you think. I am going to, first, submit this to my state legislators in my attempt to get medical marijuana passed here in the state of Georgia. I have been fighting for this going on three years now and have recently become very much an activist in my home state. If we can get this passed here, then I will move on to the Federal level with my fight. I know many people do not agree with me on this subject, but all I can say is come walk in my boots for one week and see what you think afterwards. 

Peace and love my friends.

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