california medical marijuana Archives

California Committee Approves Measure to Make Employers Treat Medical Marijuana Like Prescription Drugs

April 30, 2018 by Anthony Martinelli

California’s Assembly Labor and Employment Committee has given approval to Assembly Bill 2069, which is designed to end employer discrimination against medical marijuana patients.

The legislative proposal – titled the Medical Cannabis Worker Protections Act – would force employers to treat medical marijuana the same way they do legal prescription drugs such as (but not limited to) opioids. Employers would be required to give “reasonable accommodation” to medical marijuana patients under the state’s Fair Employment and Housing Act.

The legislation, filed by Asemblymember Rob Bonta (D) along with Asemblymember Bill Quick (D), was passed last week by the Assembly Labor and Employment Committee in a 5 to 1 vote.

Court Rules California Medical Marijuana Recommendation Valid in Arizona

March 15, 2018 by Anthony Martinelli

Californians who have a valid medical marijuana recommendation can use it to receive legal protections under Arizona state law, a court of appeals has ruled.

A three-judge Arizona Court of Appeals has ruled that a man’s medical marijuana recommendation obtained from a California physician provides him with the same legal immunity as those who have a medical marijuana card that was issued in Arizona. The ruling upholds a La Paz County Superior Court judge’s dismissal of drug possession charges stemming from a 2016 traffic stop of Stanley Kemmish Jr.

During the case Arizona prosecutors argued that Kemmish’s medical marijuana recommendation wasn’t the equivalent of Arizona’s state-issued cards. However, the court disagreed, saying that Kemmish’s recommendation makes him a “visiting qualifying patient” under the Arizona law, giving him equal protection.

California Bill to Allow Landlords to Ban Medical Cannabis Use Now Dead

September 20, 2016 by Anthony Martinelli

Legislation that would have allowed landlords to prohibit medical cannabis patients from smoking their medicine at home is officially dead, as Assemblymember Jim Wood (D- Healdsburg) has dropped it after failing to garner the support necessary to move it forward.

Assembly Bill 2300 would have expanded a 2011 law that allows landlords to ban cigarette use by allowing them to also ban the use of medical cannabis. Assemblymember Wood argued that the proposal was about “protecting families that live in close proximity to others”, and that patients can use other methods of consuming cannabis other than smoking. However, Senator Hannah-Beth Jackson (D-Santa Barbara), who chairs the Senate Judiciary Committee, convinced Wood to drop the bill after arguing that not all patients find the same effectiveness in cannabis when not smoking it.

California Governor Signs Bill Prohibiting Medical Cannabis Patients from Being Denied Organ Transplants

July 7, 2015July 6, 2015 by Anthony Martinelli

California Governor Jerry Brown has signed into law a bill that prohibits medical cannabis patients from being denied organ transplants based solely on their use of the medicine, or their status as a patient. Assembly Bill 258 was approved overwhelmingly in the state’s legislature, 85 to 9.

The new law ensures that “A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient… or based solely on a positive test for the use of medical marijuana by a potential recipient who is a qualified patient.”

California Legislature Passes Bill Prohibiting Medical Cannabis Patients from Being Denied Organ Transplants

June 25, 2015June 23, 2015 by Anthony Martinelli

California’s full Legislature has given approval to Assembly Bill 258, a proposal to prohibit medical cannabis patients from being denied organ transplants based solely on their use of the medicine, or their status as a patient. The measure was passed by the Senate 33 to 1, and was approved in April by the House 52 to 8.

Assembly Bill 258 now heads to Governor Jerry Brown who has 30 days to sign it into law, allow it to become law without his signature, or veto it.

California Senate Committee Unanimously Passes Bill to Prohibit Patients from being Denied Organ Transplants

June 18, 2015 by Anthony Martinelli

California’s Senate Health Committee has unanimously passed a bill that would prohibit medical cannabis patients from being denied organ transplants based on their cannabis use, or their status as a qualified patient. The proposal has already passed the state’s full Assembly with a 52 to 8 vote.

Specifically, Assembly Bill 258 will ensure that “A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient… or based solely on a positive test for the use of medical marijuana by a potential recipient who is a qualified patient.”

Bill to Prohibit Medical Cannabis Patients from being Denied Organ Transplants Passes California Assembly

May 10, 2015May 1, 2015 by Anthony Martinelli

With an overwhelming 52 to 8 vote, California’s full Assembly has passed Assembly Bill 258, a proposal to prohibit medical cannabis patients from being denied organ transplants based on their cannabis use, or their status as a qualified patient.

“Today, I am proud to stand with my Assembly colleagues in support of AB 258, a common sense measure that will protect the lives of legal medical cannabis patients,” said Assemblymember Marc Levine (D-San Rafael), the author of the bill, after yesterday’s vote. “With this legislation, California can insure that its residents are provided a fair assessment of their eligibility as an organ transplant recipient.”