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The Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act of 2010

Preamble

The Commonwealth of Pennsylvania as a sovereign state has the duty to carry out the will of the people of this Commonwealth and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana. This bill will also provide for the argument of the ??affirmative defense of medical necessity? on charges of marijuana possession.

We the people, of the Commonwealth of the sovereign state of Pennsylvania,
in the exercise of our civil rights accorded under Article One of the constitution of the state of Pennsylvania, in Section 1; Section 2; Section 8; Section 20; Section 25; and Section 26, do, hereby Proclaim by Petition, affirm and enact the Medical Marijuana, Hemp Cultivation and Production And Decriminalization Act of 2010. The above named act shall take effect one day after the majority of the citizens and duly registered voters assign their signature to this Act.

The Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act of 2010

Section 1. Use of marijuana for medical purposes.

(a) This section shall be known and may be cited as Section 1 of the Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act of 2010.

(b)(1) The people of the Commonwealth of the State of Pennsylvania hereby find and declare that the purposes of Section 1 of the Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act of 2010 are as follows:

(A) To ensure that seriously ill citizens of Pennsylvania have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person??s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pains, spasticity, glaucoma, arthritis, gout, migraine, Hepatitis C, or any other illness for which marijuana provides relief.

(B) To ensure that patients and their primary care-givers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.

(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor condone the diversion of marijuana for non-medical purposes.

(a) Notwithstanding any other provision of law; no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.

(b) Section 780-113 of Title 35, relating to the possession of marijuana, and Section 7508 (a)(1) of Title18, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient??s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.

(c) For the purposes of this section, ??primary-caregiver? means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.

Medical Use of Marijuana

SECTION 1. Section 1 shall be assigned and added to Title 35 of the Health and Safety Code upon enactment, to read:

(a) This section shall be known and may be cited as the Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act of 2010.

(b)(1) The people of the Commonwealth and State of Pennsylvania hereby affirm, find, and declare that the purposes of the Medical Marijuana, Hemp Cultivation and Production, and Decriminalization Act of 2010 are as follows:

(A) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommend by a physician who has been determined that the person??s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, gout, migraine, Hepatitis C, or any other illness for which marijuana provides relief.

(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.


(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor condones the diversion of marijuana for non-medical purposes.

(a) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.

(b) For the purposes of this section, ??primary-caregiver? means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.


The Cultivation and Production of Hemp

Section 2. The Cultivation and Production of Hemp.

SECTION 2. Section 2 shall be assigned and added to Title 3 of the Agricultural Code upon enactment to read;

(a) This section shall be know and may be cited as the Medical Marijuana, Hemp Cultivation and Production, and Decriminalization Act and Bill of 2010.

(b)(1) The people of the Commonwealth and State of Pennsylvania hereby affirm, find, and declare that the Purposes of the Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act and Bill of 2010 are as follows.

(A) To ensure that the cultivation and production of all species of Cannabis sativa L. containing less than one and four-tenths (1.4%) concentration of THC, and contain cannabidiol (CBD) in concentrations equal to or greater than the THC be allowed by both private and commercial growers for health and industrial purposes.

(B) The commissioner of the state Department of Agriculture shall license all hemp farmers, producers, and handlers in the state, and designate authorized sources of hemp seed.

(C) Under this section farmers, producers and handlers may only plant designated hemp cultivars, and hemp fields must be inspected at least twice during the growth cycle with samples taken for THC analysis.

(D) Crops that exceed the THC limits must be destroyed at the farmer??s expense and crops must maintain at least a 0.4% buffer between hemp and marijuana and requiring criminal prosecution only when crops test greater than 1.4% THC.



Decriminalization

Section 3. Decriminalization of Personal Possession of Marijuana.

SECTION 3. This section shall be assigned and added to Title 35, Section 780-113 of the Health and Safety Code upon enactment, to read;

(a) This section shall be known and may be cited as the Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act and Bill of 2010.

(b)(1) The people of the Commonwealth and State of Pennsylvania hereby affirm, find, and declare that the purposes of the Medical Marijuana, Hemp Cultivation and Production, and Decriminalization Act and Bill of 2010 are a follows;

(A) The simple possession of marijuana in the amount of one ounce (30 grams) or less for personal use shall be considered a summary offense in which a citation shall be issued and shall carry no greater penalty than $50.00 for the first offense, and no more than $100.00 for any subsequent offense(s).

(B) No conviction for the possession of marijuana prior to the enactment of this act shall be considered in any court as a first offense nor subsequent offense(s) after enactment.


 

THE MEDICAL MARIJUANA, HEMP CULTIVATION AND PRODUCTION AND DISCRIMINATION ACT OF 2010

Signature Page

We the people, of the Commonwealth and sovereign state of Pennsylvania, by our signatures, hereby approve, affirm, find, and enact the Medical Marijuana, Hemp Cultivation and Production and Decriminalization Act of 2010. This act shall take effect one day after the majority of the citizens and duly registered voters have assigned their signature to this act.
gypski Reviewed by gypski on . medical marijuana in pa This is my paper for school, and my views on why medical marijuana should be legal in pa. Over the last 70 years there has been a feverish battle in whether or not marijuana should be legalized or not, again. Many people have fought to maintain its illegal status while others are wondering why it was made illegal at all in the first place. Some say it has strong repercussions such as harm to the brain and lungs when smoked and others insist it??s not as bad as people make it out to be Rating: 5