April 21, 2008

Action Alert

Deadline Extended on Medical Marijuana Bill (SB 2865)

Last week the Senate did not vote on SB 2865 to legalize marijuana as medicine, but the deadline was extended until May 31, 2008. The Legislature is on a short break and will back in session on April 29.

For Immediate Action

Contact your State Senator in their District Office and ask them to vote NO on SB 2865.
Write a Letter to the Editor (see talking points).
Forward to 10 others.

Talking Points to Oppose SB 2865

The U. S. Supreme Court ruled that the federal Controlled Substances Act prevents the cultivation and possession of marijuana, even by people for personal "medical" use.
SB 2865 states that until the Department of Health determines what constitutes a 60-day supply, 7 plants and 2 ounces of dried usable marijuana shall be legal for a "qualifying patient". Two ounces of dried usable marijuana is approximately 147 joints!
SB 2865 is very broad and contains provisions to expand marijuana use as medicine for other medical conditions or treatments.
SB 2865 expands enclosed, locked facilities where marijuana can be grown from a closet or room to greenhouses or other enclosed areas equipped with locks or security devices.
SB 2865 defines "visiting qualifying patient" who is not a resident of Illinois or who has been a resident in Illinois less than 30 days. How many marijuana users will move to Illinois so they can receive this classification? There is no limit to the number of "visiting qualifying patients" in the "pilot program". Fake IDs could be printed and used to obtain marijuana in Illinois.
SB 2865 states: "No school, employer, or landlord may refuse to enroll or employ or lease to, or otherwise penalize a person solely for his or her status as a registered qualifying patient or caregiver." This would allow elementary, high school, and college students to use marijuana as medicine and attend school. The California Supreme Court ruled medical marijuana users can be fired for violating workplace drug policies in California. Residential rental properties and, less frequently, condominiums are preferred locations for marijuana growing operations. According to the Insurance Bureau of Canada, damage sustained to a residence due to a grow operation can include the removal of wall boards, ceiling tiles and floor coverings, moisture damage caused by excessive humidity, and illegal modifications to wiring, which increase the potential for fire loss. (p. 9, line 10-15)
SB 2865 states a person shall not be subject to arrest for being in the presence or vicinity of the medical use of marijuana. This is a huge loophole that could result in illegal marijuana use.
SB 2865 allows a registry ID card, or its equivalent, issued by another state, district, commonwealth, or territory by a visiting qualifying patient to have the same force and effect as a card issued by the Illinois Department of Public Health. Who will verify that these cards are not forged? Fake IDs could be made and dispensed nationwide.
SB 2865 states the Department may issue registry ID cards to up to 1,200 qualifying patients at any given time. (p. 13, line 6-23) This does not take into account cards issued to primary caregivers and medical marijuana organizations. How many caregivers and people involved in the medical marijuana organizations will also use marijuana that is readily available? Nor does this take into account the number of out of state people who can use medical marijuana in Illinois without registering with the state.
SB 2865 does not require a photo on the ID, and homeless people can send in an application without listing an address. Lost cards must be reissued within 10 days. How will authorities determine if someone is using a stolen or lost ID? Who will be checking the random ID numbers to notify authorities that a lost or stolen is being used to purchase marijuana? (p. 17, lines 2-8)
SB 2865 shall not permit any person from possessing marijuana or engaging in medical use of marijuana on the grounds of any preschool, primary, or secondary school. What about college campuses or dorm rooms? (p. 20 - lines 1-2)
SB 2865 allows unlimited number of medical marijuana organizations (dispensaries) to an unlimited number of qualifying patients. These could result in huge growing operations in neighborhoods statewide. Background checks are not required on personnel (p. 26, line 15)
SB 2865 requires all principal officers and board members of medical marijuana organizations to be residents of Illinois (p. 29, line 5-7), and medical marijuana organizations may not obtain marijuana from outside the State of Illinois. (p. 30-line 12-13) Who will verify this information? Will residents of Illinois be used as a front for outsiders to run these organizations?
SB 2865 has a repeal clause in 3 years. Once the door is opened, how can it be shut down?