Kansas

[Herbie]

Cops OK to copy cell phone content.

Truck driver arrested on drug charges says state troopers needed a warrant before copying contents of his cell phones.

CNET News.com
Published: April 19, 2007

Police blotter is normally a weekly News.com report on the intersection of technology and the law. This is an extra edition.

What: Kansas state trooper stops truck driver, arrests him for alleged drug possession, and downloads contents of his cell phones.

When: U.S. District Judge Sam Crow in Kansas rules on April 12.

Outcome: Judge says copying of cell phones' contents was permissible.

What happened, according to court documents:
In December 2006, Kansas Highway Patrol Trooper Clint Epperly was staffing a drug checkpoint at a truck weighing station in Wabaunsee County. Rafael Mercado-Nava was driving a tractor-trailer and stopped at the checkpoint around midnight.

When Mercado-Nava got out of his truck at the scale house, the trooper was suspicious, claiming that the driver was sweating, overly friendly, and the truck was registered in California.
(which Epperly believed to be a source of illegal drugs).

Mercado-Nava's paperwork was in order. But during an inspection of the cab of the tractor-trailer, Epperly discovered a hidden compartment that allegedly contained 18 kilograms of cocaine under the floor.

The typical sequence of events ensued: Mercado-Nava was arrested, and a drug dog allegedly confirmed that the substance was cocaine.

What makes this case relevant to Police blotter is that Epperly and one of his colleagues copied the complete contents of the suspect's two cell phones. Mercado-Nava's attorney eventually filed a motion to suppress the digital contents from being used against his client in court, claiming they were seized illegally without a warrant.

The U.S. Constitution's Fourth Amendment, of course, prohibits "unreasonable" searches and seizures. In general, a search without a warrant is viewed as unreasonable.

But searches when a person is arrested are an exception to that general rule. In this case, the judge upheld the search as constitutional, saying that: "An officer's need to preserve evidence is an important law enforcement component of the rationale for permitting a search of a suspect incident to a valid arrest."

This raises issues--especially when hard drives that can store intimate life details are growing in capacity and shrinking in size.

Continued

`H

[palmspringsbum]

Stephan: Legalize medical marijuana

The Parson Sun
August 15th, 2007
by Sarah Kessinger, Harris News Service


TOPEKA - Seven years enduring chemotherapy turned former Kansas Attorney General Bob Stephan into an advocate for legalized medical marijuana.

Stephan said Tuesday that he's long called for doctors to have the right to prescribe marijuana for patients with cancer or other diseases to alleviate pain and nausea from chemotherapy.

"In the early 80s, I was involved in the effort and here I am again."

The state's longest-running chief attorney, Stephan retired in 1995 but has remained active in public affairs, including his plans to join a Friday press conference urging the Legislature to approve the use of marijuana in certain medical cases.

He specified that it should be prescribed only if other drugs have failed.

Twelve states currently have some form of law allowing use of medical marijuana. California was the first to approve and New Mexico was the latest, where legislators passed a new law this spring.

Opponents of such measures often say they send the wrong message to young people because it involves an otherwise illegal drug.

"That is just an appalling, illogical argument," said Dan Bernath, assistant communications director at the Marijuana Policy Project in Washington, D.C. "It's important for us as adults to teach children that medicine is for sick people and that medical marijuana is no different."

Stephan, who is now in private practice, said that at Friday's 11 a.m. press conference he'd have more specifics on the issue.

The Kansas Compassionate Care Coalition, a group with chapters in northeast Kansas and Wichita, is holding the event.

"I know what it's like when you can't find anything to alleviate nausea that's endured for that period of time," Stephan said of his battle with cancer. "I've talked to thousands of patients through the years about it. If there's a way to take away from that suffering, we ought to use it."

Current Kansas Attorney General Paul Morrison deferred to lawmakers when asked his opinion on the issue Tuesday.

"This is a public policy issue determined by the Legislature," said Morrison spokeswoman Frances Gorman.

Senate Public Health Chairman Jim Barnett, R-Emporia, said he wasn't familiar with the coalition's campaign.

Barnett, a physician, said two prescription drugs, known as cannabinoid medicines, that are marijuana-based and federally approved - Marinol and Cesamet - are now available in pill form to cancer patients facing nausea and vomiting from chemotherapy.

While Bernath said that's a good thing, he said some patients wait 45 minutes for the synthesized drugs to take effect. Smoking marijuana can offer almost instant relief from nausea, he said, making it preferable for some patients who can't keep from vomiting pills.

Laura Green, director of the Kansas coalition, said the last time the Kansas Legislature took up a bill on the issue was in 1995. It failed in conference committee.

Green hopes people are more receptive today to the concept of using marijuana, or the cannabis plant, to ease pain in the terminally ill.

"I think that people are not as hysterical about the word today," she said. "That's because about 13,000 Kansans were diagnosed with cancer in 2004 alone. People realize that their loved ones, family members and friends shouldn't suffer needlessly."

Current law in Kansas prescribes a year in jail and a fine of $2,500 for the misdemeanor of marijuana possession. The second conviction is a felony punishable by up to 42 months in jail and a $100,000 fine.

Cultivation of more than four marijuana plants, including for medical purposes, is a felony worth 11 to 17 years in prison.

Green, whose organization is relatively new, hopes with Stephan's support that more Kansans will speak out in favor of a law change. Some of the 400 members in the group aren't willing to publicize their names for fear of retribution.

"Honestly," she said, "we're just starting to get the debate going."

[palmspringsbum]

Former A.G. to push for medical marijuana

<span class=postbigbold>Stephan wants patients protected</span>

by Tim Carpenter, Topeka Capitol-Journal
August 15th, 2007


Former Attorney General Robert Stephan plans to speak out Friday about what he believes is the need to legalize the medical consumption of marijuana in Kansas.

The state's chief law enforcement officer from 1979 to 1995 will participate in a news conference in the Statehouse hosted by Kansas Compassionate Care Coalition, which seeks legal protection for patients who use marijuana as part of a treatment program and for physicians who recommend the drug to patients.

Laura Green, director of the coalition, said in an interview Tuesday that laws relating to medicinal use of marijuana are on the books in more than 30 states. A dozen states rigidly shield patients from prosecution when consuming cannabis for medical purposes.

Consumption of marijuana is illegal under Kansas law. The first conviction is a misdemeanor, and subsequent convictions are felonies.

"There is no medical marijuana defense in Kansas," Green said.

The U.S. Food and Drug Administration issued an advisory in 2006 against marijuana consumption for medical purposes.

The document stated the drug has "a high potential for abuse, has no currently accepted medical use treatment in the United States and has a lack of accepted safety for use under medical supervision."

"Furthermore," the FDA says, "there is currently sound evidence that smoked marijuana is harmful."

Advocates of the therapeutic use of pot point to research findings indicating the drug is helpful in pain relief, control of nausea and vomiting, and appetite stimulation. It is consumed by people undergoing chemotherapy or grappling with AIDS.

Stephan, a Republican who battled cancer in the past, will offer at the news conference "his personal history of the issue," Green said.

Green said no specific legislation would be proposed at this point. The objective is to get the issue on the policy radar for the 2008 Legislature. Lawmakers convene the annual session in January.

On Wednesday, spokeswomen for Gov. Kathleen Sebelius and Attorney General Paul Morrison, both Democrats, said neither politician had endorsed medical use of marijuana.

"We stand prepared to enforce the law according to what the Legislature decides," said Morrison spokeswoman Frances Gorman.

Nicole Corcoran, who represents the governor, said Sebelius hadn't discussed the issue in terms of state policy.

[palmspringsbum]

Former Attorney General Bob Stephan advocates medicinal marijuana

<span class=postbigbold>State officials predict larger debate over issue</span>

by Sasha Roe, Daily Kansan
August 21st, 2007


The state’s longest-serving attorney general, Bob Stephan, announced his support for the legalization of medical marijuana in a press conference last Friday. Stephan said he supported changing the state law so that Kansas physicians had the right to recommend their patients the use of medical marijuana.

Stephan served as the Kansas Attorney General from 1979 until 1995. He was diagnosed with stage four lymphocytic lymphoma at age 39. In a statement Stephan said he had advocated medical marijuana since 1983.

“Let me make clear that I am in no way advocating drug legalization,” Stephan said in the statement. “But I also do not believe that the state should preempt the role of the physician when it comes to deciding what’s best for ill Kansans.”

Stephan has joined forces with the Kansas Compassionate Care Coalition which seeks the legalization of medical marijuana. The coalition plans to lobby for a bill in the upcoming legislative session. Laura Green, director, said the group formed within the past year because of an overwhelming response from Kansas residents. She said support from former attorney general Stephan was a very important addition to their work.

“He is a very respected politician that served the public for 16 years,” Green said. “He is also a republican, that’s important in a conservative state like Kansas.”

Green said right now the group is building membership and gaining support. She said the ultimate goal was to have a bill introduced and have a fair hearing in a committee.

Rep. Tom Sloan (R-Lawrence) said the issue would be important in the scheme of health care, but wouldn’t be as prominent as issues such as greater insurance coverage for Kansans. Sloan said it would be a hot topic because of the controversy that came with the issue of medical marijuana.

“Because it is a banned, controlled substance there will be larger discussion,” Sloan said.

Sloan said it was possible a committee bill about the legalization of medical marijuana would be formed in the upcoming Legislative session. He said a proposed bill would cause very divided views in the House of Representatives and Senate. However, Sloan said he believed Kansas citizens would be fairly open to the issue.

“I don’t think most citizens would be too worried,” Sloan said. “It would be a pharmaceutical product like any other that could be monitored and regulated.”

Rep. Brenda Landwehr, (R-Wichita), chair of the health and human services committee, said she probably wouldn’t support a possible bill.

“I do try to keep an open mind,” Landwehr said. “But from a federal perspective I can’t see it being legal.”

A poll done in 2006 by Jayhawk Consulting Services showed 62 percent of Kansas residents would not be opposed to a new law allowing medical marijuana if it were recommended by a physician.

Bette Hulser, Topeka, is one of those supporters. Hulser’s son, Mike, suffers from multiple sclerosis. She tried to get a similar bill to pass in 1995. She said she wished legislators could see the benefits marijuana had on neurological diseases, and the cost of Mike’s pharmaceutical bills. Hulser said at one point Mike’s medication cost about $3,000 a month. She said she hoped legislators would understand this issue was about providing help to Kansans suffering from painful diseases.

“I am not in support of recreational drugs whatsoever,” Hulser said. “I just hope to see it passed for medicinal purposes.”

Under current Kansas law all marijuana including medicinal marijuana is illegal.

The Kansas Compassionate Care Coalition said 12 states have produced laws that allow medicinal marijuana.

“I think the politicians are one step behind on this issue,” Green said.

Green said Stephan’s press conference was just the beginning of many events this fall. She said supporters could sign the coalition’s Statement of Principle on the Web site, www.ksccc.org.

– Edited by Rachael Gray

[palmspringsbum]

Stephan joins push for medical marijuana

<span class=postbigbold>Former Kansas A.G. says treatment of drug ‘absurd’ </span>

The Lawrence Journal-World
By Scott Rothschild
August 18, 2007

<table align=right width=300 class=posttable><tr><td class=postcell><a class=postlink target=_blank href=http://www2.ljworld.com/videos/2007/aug/17/14856/><img align=right width=300 src=bin/stephan_robert.jpg alt="Click to view video"></a></td></tr><tr><td class=postcell>Former Kansas Attorney General Robert Stephan, right, looks at Laura Green, director of the Kansas Compassionate Care Coalition, during a news conference Friday at the Statehouse in Topeka. The group is calling for the legalization of medical marijuana by the Kansas Legislature.</td></tr></table>

Topeka — The push to legalize medical marijuana got a big lift Friday when former Attorney General Bob Stephan announced his support and urged Kansans to get behind the effort.

“The state should not pre-empt the role of the physicians when it comes to deciding what is best for ill Kansans,” said Stephan, a cancer survivor and the longest serving attorney general in state history.

But lawmakers said there was little chance of legalizing medical marijuana, at least in the 2008 legislative session that starts in January.

The Kansas Medical Society has taken no stand on the issue, but the Kansas State Nurses Association plans to consider a resolution in October for the legal use of therapeutic marijuana.

“On behalf of registered nurses statewide, we believe that this is a relevant and timely health care issue that warrants discussion,” KSNA President Ellen Carson said.

At a news conference with the Kansas Compassionate Care Coalition, Stephan recounted his own fight with cancer, and thousands of visits with other cancer victims.

Stopping to gather his emotions, Stephan said marijuana should be available to people who are suffering pain that cannot be alleviated by other treatments.

“When it comes to marijuana, it is treated like some voodoo medicine that should not be recommended by physicians. I find this to be absurd,” Stephan said.

Stephan served as attorney general from 1979 until 1995. In response to questions, he said he never used marijuana.

The Kansas Compassionate Care Coalition, which has 400 members in chapters in Wichita and Lawrence, seeks to have Kansas join 12 other states in passing legislation that allows physicians to recommend the use of marijuana for medical purposes.

Stephan and the coalition said marijuana can relieve pain and nausea for patients with cancer and other conditions, such as AIDS, glaucoma and anxiety disorders.

But Jerry Slaughter, executive director of the Kansas Medical Society, said his concern would be the legal protection of physicians because marijuana is an illegal drug under both state and federal law.

Slaughter said there are probably doctors on both sides of the issue.

“There is a growing debate about pain management,” he said.

State Rep. Jim Morrison, R-Colby, said he would oppose the proposal.

Morrison said if marijuana were legalized for medical reasons, then other drugs, such as LSD, would have to be legalized for medical purposes.

He also said it would be difficult to control the cultivation and distribution of marijuana, and that he believed physicians have adequate medicines to treat pain.

State Sen. Phil Journey, R-Haysville, said he opposed it too, but was willing to consider it.

Journey said he doubted such a proposal would be approved by the Legislature, but that Stephan’s backing gave the issue more traction.

[palmspringsbum]

Only a few ideas will make it to lawbooks

By Tim Carpenter
The Capital-Journal
Published Sunday, January 13, 2008


Republican Sen. Dennis Pyle, of Hiawatha, is calling for a volunteer state militia.

Topeka Rep. Joe Patton wants to finance property tax relief for elderly Kansans with gambling revenue.

Lawmakers have proposals concerning taxes, alcohol, annexation and more. However, recent history shows only about one in five bills makes it through the legislative process.

The Kansas Compassionate Care Coalition is pushing for a law allowing use of marijuana for medical purposes.

Democratic Sen. David Haley, of Kansas City, Kan., believes alcoholic beverages should be available in all Kansas National Guard armories.

House members Ann Mah, a Topeka Democrat, and Ray Merrick, a Stilwell Republican, put party affiliation aside to advocate for a bill requiring public votes on city annexation proposals.

And GOP Sen. Derek Schmidt, of Independence, thinks anyone convicted of three or more felonies should go to prison — not escape with probation.

The sponsors of this half-dozen sample of bills destined for debate by the 2008 Legislature vouch for each as a sincere attempt to refine government. Time will tell if the six become footnotes in political history or survive a bruising statutory gauntlet.

Precedent threatens them all. Over the past five legislative sessions, an average of 825 bills were introduced in the House and Senate. Only one-fifth passed the Legislature to be signed into law by Gov. Kathleen Sebelius.

"You'll hear a lot of high-powered speeches," said Senate Minority Leader Anthony Hensley, D-Topeka.

<span class=postbold>Journey starts </span>

The test for each begins Monday with the 2 p.m. convening of the Legislature and Sebelius' State of the State speech at 7 p.m. Much of the talk will be about big-ticket items, such as education, health care, energy and the economy.

However, the state's 125 representatives and 40 senators will try to consume some of that political oxygen. They will unleash a tidal wave of statutory language, and passage isn't the bottom line for all bills. This is a year in which all 165 members of the Legislature are up for re-election.

"More fluff," predicted House Speaker Melvin Neufeld, R-Ingalls.

Statehouse politicians have never been shy about introducing bills that serve as bullet-points on campaign brochures or catchy slogans for election advertising.

Even a bill languishing on the docket can be useful in convincing voters that a politician labored in Topeka on behalf of common sense and family values and against wasteful spending and bureaucracy.

<span class=postbold>Plugging away</span>

Hensley said he might contribute to the scrap heap. He will renew sponsorship of a bill prohibiting legislators from lobbying for two years after leaving office. Jeopardizing the income of retired politicians is unpopular, but he is undeterred.

"There ought to be a grace period," Hensley said.

Pyle will mirror that persistence with a proposal to join more than 20 other states in development of a volunteer state defense force that would respond to emergencies. His idea floundered last session, and the proposal is opposed by the Kansas National Guard and the governor.

The bill's fate could be on par with a proposal to let Kansas doctors prescribe marijuana to patients.

"Our objectives are simple," said Laura Green, director of the Compassionate Care Coalition. "To allow physicians — not politicians — to make decisions about what is best for patients and to protect citizens from the risk of arrest simply because they're trying to gain relief from a major medical problem."

On the other side of that equation is Schmidt's measure to mandate prison time for people convicted of a third felony. His "three-strikes" law would add 1,200 inmates to the state prison population in the first year.

While financial implications make the bill unpalatable, Schmidt said the numbers show judges place too many felons on probation.

"Actions need to have real consequences if the law is going to alter criminal behavior," he said.

<span class=postbold>Taxes, drinks</span>

Patton, a Topeka Republican, introduced his tax relief bill in the House during the 2007 session. He found insufficient traction for an income tax credit on property taxes paid by people 65 years or older, and there is no clear indication the bill's path to success was improved.

"I will continue to fight for property tax relief," Patton declared.

Merrick, the House majority leader and a Republican, and Mah, a Democrat, agree rural residents should be given the opportunity to vote when their property is targeted for annexation. Under their bill, a majority of residents would have to approve for annexation to proceed.

It is a bright-line issue in Johnson County, where Overland Park seeks to annex 15 square miles. Debate in Topeka about the annexation of portions of Shawnee County has raged in recent years.

"This scenario isn't unique to Overland Park," Mah said. "This bill would codify a just process that would allow the residents to decide."

Haley's bill to allow liquor to be served in National Guard armories rented out for special events has a chance of being among 200 or so reaching the promised land this session. In 2006, a change in state liquor law imposed prohibition on all but one armory —a Salina training center. He said the injustice should be resolved.

"It was just an oversight," Haley said.

If so, he won't have difficulty finding a venue for that legislative victory party.

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Drug, coal plants top issues at forum


By Darcy Gray - The Hutchinson News - dgray@hutchnews.com
January 19, 2008

Five area legislators were in town Saturday for an opportunity to interact with the public, and two hot topics were medical marijuana and the coal-fired plant debate.

Sen. Terry Bruce, along with Reps. Mark Treaster, Jan Pauls, Mike O'Neil and Bob Bethell visited the Hutchinson Community College campus for the first of three local legislative forums, where citizens peppered the lawmakers with questions.

One of the first questions submitted in the forum requested legislators' opinions on medical marijuana, and whether they would favor the issue if they received more letters of support from the public.

"At the federal level, it's still illegal," Rep. Bob Bethell said. "If we're going to use it in that regard, we should treat it like other prescription drugs."

Bethell said if medical marijuana was legalized in Kansas, officials should regulate the use and strength of the drug, and not allow it to be open to the marketplace "like in California."

"Marijuana here in Kansas isn't that good," he said. "It wouldn't help you much."

Bethell also said he doesn't get many letters "one way or the other," and he wouldn't base his decision on one letter.

Rep. Treaster agreed with Bethell that if medical marijuana was legalaized in Kansas, it would need to be regulated.

Rep. Mike O'Neil, however, said he thinks medical marijuana may not be the best way to ease a person's pain. He did think, however, that there was an FDA-approved pill available that has marijuana's beneficial elements for pain.

As far as how much one citizen's opinion might affect him, O'Neil said oftentimes decisions are not based on "how many people call you, but what you learn from those telephone calls."

Another question submitted from the audience of about 50 people asked for the legislators' opinions on "one person having the authority to say no to coal-fired plants in western Kansas."

Sen. Terry Bruce said he was "deeply troubled" by one person going outside their scope of authority to reject a project - referring to Kansas Secretary of Health and Environment Rod Bremby's denial of Sunflower Electric's permit to build coal-fired plants.

Bremby has cited the plants' 11 million tons of carbon dioxide emissions, which he believes would contribute to global warming, as his reason for denying the permit in October.

"We're a nation of laws, not a nation of whims," Sen. Bruce said.

Sen. Bruce pointed out Sunflower had "gone over every Legislative hurdle" and gained approval from the Kansas Department of Health and Environment before "it came down to the secretary saying no."

"When did carbon dioxide emissions begin being regulated in Kansas? Never," he said. "What standards do companies need to follow? There are no specifications."

He said the decision sent business leaders, especially in the ethanol plant business, "in a tailspin."

"Any ethanol plants scheduled to break ground have put Kansas at the back of their list," he said. "Without knowing what the carbon regulations are, they're worried about being denied a permit."

Rep. Bethell agreed there was a "lot of flawed logic" in the decision that needs a look.

Rep. O'Neil said simply the decision "had an odor to it," indicating there were individuals who made sure "somehow, some way," they would get the outcome they wanted from Bremby's decision.

Treaster said Kansas needs tto work on energy regulations and look for alternative sources of energy, so citizens will not have to rely on foreign oil forever.

Rep. Pauls, who also had "real qualms" about the decision, believed lawmakers should've been discussing energy regulations two years ago.

If you go …

What: Legislative forums, sponsored by Hutchinson/ Reno County Chamber of Commerce and AT&T.

When and where: The second Legislative forum is 9:30 a.m. Feb. 23 at Wesley Towers, 700 Monterey Place. The third forum is 9:30 a.m. March 29 at Mennonite Manor, South Hutchinson.

Cost: The forums are free and open to the public

[palmspringsbum]

I thought politicians were supposed to protect my rights, not auction them to the highest bidder.

Bill would allow judge to consider illness defense in pot arrests

<span class=postbigbold>Reason for marijuana use doesn't matter under current law</span>

By James Carlson
The Capital-Journal
Published Tuesday, January 29, 2008

Susan Hughes remembers the humiliation of her arrest for marijuana possession 12 years ago. And she remembers the anger when a judge couldn't consider her multiple sclerosis when deciding whether to allow charges against her.

Under a bill introduced Monday in a Senate committee, the El Dorado resident's situation could have been different.

The proposed bill would allow judges to consider medical conditions as a defense against prosecution of marijuana possession. Under the measure, those with a debilitating illness arrested for the drug's possession could present in court a doctor's written certification that the drug would offer therapeutic benefits.

"I feel like my doctor should make that decision, not the sheriff," Hughes said.

The mere introduction of the bill, usually a formality, was decried by one Topeka legislator.

Sen. Vicki Schmidt, R-Topeka, opposed the bill's entry, saying, "It costs a lot of money to introduce a bill."

Schmidt, a pharmacist, said it is difficult to ensure the same amount of marijuana is distributed to each patient. She added that the bill violates federal law.

The bill doesn't legalize or decriminalize the drug but rather allows people to make a defense of their crime based on a debilitating illness. The judge could still allow charges to be filed, throw out the charges or otherwise alter the complaint.

"This is simply an issue of compassion," said Laura Green, director of the Kansas Compassionate Care Coalition that helped draft the measure. "No one wants to arrest people who are sick."

The bill would define a debilitating illness as any number of conditions including cancer, glaucoma, HIV, AIDS and Alzheimer's disease.

Hughes was diagnosed with multiple sclerosis when she was 27. Twelve years ago, she began using marijuana to ease the painful symptoms. She would often go out to the garage and sit in her car to smoke so as not to be around her kids. She must have left some in the car because when she later got in a wreck, officers found a small amount.

"It was totally humiliating," she said. "I had a well-paying job and respect from others, and that was lost."

She said her co-workers at the U.S. Department of Agriculture office in town treated her "like a big criminal." She told the judge about how the drug helps alleviate much of the pain associated with her illness. Under the law, the judge wasn't allowed to take that into consideration.

Hughes said she hasn't used marijuana since her arrest, but she still wishes she had the option. Pain shoots through her legs and back every day.

"I stagger around like I'm drunk," she said.

An identical bill in 1995 passed the Kansas House 89-32 but was stripped in a later version and never became law.

Sen. Phil Journey, R-Haysville, was skeptical of the current proposal.

"To say that it's a defense based on a doctor's letter, I don't think that's going to fly," he said.

Hughes said she expected to testify on behalf of the bill when it receives a hearing in a few weeks.

James Carlson can be reached at (785) 233-7470 or james.carlson@cjonline.com.

[palmspringsbum]

Pot as Defense in Court

KSNT Channel 27
Beth Vaughn
February 12, 2008

Click to view video

More than 14 people testified Monday in a Senate hearing regarding a bill on medical marijuana in Kansas. The bill doesn't legalize marijuana use, but instead allows individuals to use medical marijuana as a defense in court.

Laura Green, the Director Compassionate Care Coalition, “Kansans all across the state are suffering and some people, unfortunately have had to resort to using marijuana as medicine but in this political climate we have today, these people are being arrested”.

Senate Bill 556 would allow those arrested in Kansas for possession of marijuana to use a physician's note as defense against prosecution. Some say it doesn't matter if the bill does pass because marijuana use continues to be illegal on the federal level.

KBI’s Jeff Brandau says, “According to the federal government, it's illegal, according to the FDA it's a schedule one drug with no medical value and there have had tons of studies for a use for medical marijuana, and it's never been proven.”

Dr. Eric Voth, M.D. says, “They're creating a defense of possession, so if a person has a defense this recommendation, it's like a get out of jail free card”

While some see it as a "get out of jail free" card, others view it as a way to protect the sick from criminalization.

Attorney General Robert Stephan says, “I'm not calling for legalization, I'm just saying the people who use it for medicinal purposes upon the recommendations of a doctor, should not be subject to incarceration and should be able to use it as a defense.”

Green says, “This is the second time this has been brought up in the legislature In 15 years, and we're really hoping the legislature takes a good look at this time and pass it as they did in 1995.”

At the end of the hearing one senator suggested changing the penalties for possession of the drug rather than relying on a physician's note as a defense in court. This is still very much in the early stages.

The Kansas Board of Pharmacists, the Kansas Board of Healing Arts, and the Kansas Medical Society all oppose this bill. The Kansas State Nurses Association is not taking a stance either way.


Story Created: Feb 11, 2008 at 7:34 PM EST

Story Updated: Feb 11, 2008 at 7:34 PM EST

[palmspringsbum]

Posted on Mon, Feb. 11, 2008 10:15

Medical marijuana bill gets a hearing but is unlikely to advance in Kansas

By JEANNINE KORANDA
The Wichita Eagle

TOPEKA | Several people on Monday urged Kansas lawmakers to approve a measure that would allow some patients to use notes from their doctors as a defense for possessing marijuana.

Opponents, including law enforcement, the state Board of Pharmacy and the Kansas Medical Society questioned marijuana’s effectiveness in treating symptoms of such diseases as cancer and multiple sclerosis.

The measure, S.B. 556, is dubbed the “medical marijuana defense act.” It would apply to people with diseases such as glaucoma, cancer or multiple sclerosis.

Eleven states have medical marijuana programs in some form, according to the National Organization for the Reform of Marijuana Laws.

The idea drew a lot of attention, but the committee is not likely to vote on it.

Sen. Susan Wagle, a Wichita Republican, said that the medicines used to treat pain and nausea for cancer patients have come a long way. “I don’t see it as something that is necessary in this day and age,” she said of medical marijuana.

Eric Voth, the chairman of the Institute on Global Drug Policy, said the measure would create a “get-out-of-jail-free card” for people who could convince a doctor they needed marijuana.

“Marijuana is a sorry excuse for medicine,” Voth said. He said the bill was part of a national push to legalize the drug.

“Extensive studies have not proven the claim that it helps in any way, and the harm that it would do to our society as a whole makes this bill not in the best interest of the state,” said agent Jeff Brandau of the Kansas Bureau of Investigation.

Other opponents said the measure would make it difficult to tell children that marijuana was harmful, and they raised the vision of street corner pot shops.

However, some patients and their families see marijuana as a relief to their suffering.

Bette Hulser of Topeka said that when her son was suffering from multiple sclerosis, smoking marijuana stopped his screaming.

“After seeing my son, I knew then I would never do anything to stop him from smoking marijuana,” said Hulser, who described herself as “pretty straight-laced.”

The measure does not legalize marijuana for anyone, countered Laura Green, the director of the Kansas Compassionate Care Coalition. Green said she had heard from hundreds of people whose family members had used marijuana to relieve their suffering.

“We cannot continue to let these vulnerable people be convicted of illegal drug use when they are simply trying to gain relief from pain and suffering with their doctor’s support,” she said.


To reach Jeannine Koranda, call 785-296-3006 or send e-mail to jkoranda@wichitaeagle.com.

[palmspringsbum]

Marijuana: Therapy or recreation?

<span class=postbigbold>Officials argue bill that would make medical marijuana a defense</span>

By Tim Carpenter
The Capital-Journal
Published Tuesday, February 12, 2008

Junction City Police Lt. Mike Life viewed consideration Monday of medical-marijuana legislation as a wacky ploy to seek legalization of pot in Kansas.

"Marijuana is not medicine," Life said in testimony to the Senate Health Care Strategies Committee. "There is a well-financed and organized pro-drug legalization lobby whose strategic ploy is to appeal to your compassion for sick people."

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/stephen_bob.jpg></td></tr><tr><td><span class=postbold>
Former Kansas Attorney General Bob Stephan testifies Monday at the Statehouse in support of a bill allowing medical conditions as a defense against marijuana possession.</span></td></tr></table>Former Kansas Attorney General Robert Stephan, on the other hand, said he couldn't imagine how federal government officials slept at night knowing pot could alleviate pain of people battling severe disease.

"I find it almost unbelievable that our federal government continues to let its citizens suffer," said Stephan, who added that he opposed general legalization of marijuana.

That is a sample of conflicting opinion offered to members of the Senate committee on a bill creating a "medical necessity" defense for a person arrested for possession of marijuana or drug paraphernalia. Under the bill, a physician licensed to practice in Kansas could issue written certification that a patient was receiving therapeutic benefit from smoking marijuana.

Sen. Susan Wagle, R-Wichita, and chairwoman of the committee, said support in the Legislature for the bill was modest at best. Existing medications are sufficient to avoid problems that might be created by authorizing use of marijuana, she said.

"I really don't see this as necessary," she said.

The Kansas Compassionate Care Coalition is campaigning for the bill to provide legal protection for patients who use medical marijuana and for physicians who recommend the substance as part of a treatment program. The coalition has 800 members, including patients, doctors, nurses, caregivers and families.

"They are not aging baby boomers over in Lawrence," said coalition director Laura Green. "They're not a bunch of stoners from Haysville. These are citizens who believe seriously and terminally ill people should be allowed to use marijuana if their physician believes it will help."

She said the proposed bill was similar to a measure passed 89-32 by the House in 1995, but not considered by the Senate.

Dr. Eric Voth, a Topeka physician who has opposed medical use of marijuana for 30 years, said no serious medical group supported the coalition's new bill. His list of opponents included the Kansas Medical Society, Kansas State Nurses Association, Kansas State Board of Healing Arts and Kansas State Board of Pharmacy.

He said the bill would weaken the U.S. Food and Drug Administration's capacity to safeguard consumers from flawed medical practices.

"Allowing such legislation to become law is riding a wave of emotion and mob psychology that has been carefully crafted, financed and driven by the marijuana lobby," Voth said. "It is no different than the disinformation campaign that the tobacco lobby fought for years to manipulate the public."

Tim Carpenter can be reached at (785) 296-3005 or timothy.carpenter@cjonline.com.

[palmspringsbum]

Stephan working to help others

The Salina Journal
Thursday, February 13, 2008


Few public figures are willing to stand up and advocate using marijuana for medical reasons. Former Kansas Attorney General Bob Stephan is one of those people.

His opinions on the subject deserve attention because as attorney general he was the highest law enforcement official in the state. He also is a cancer survivor and suffered through seven years of chemotherapy. He has a special understanding of the pain and nausea brought on by treatments.

On Monday, Stephan was back out front defending medical marijuana when he spoke to the Senate Health Care Strategies Committee. He is supporting a bill that would help people who use marijuana because of medical problems. The bill would not legalize marijuana but would provide a defense for those with a chronic or debilitating disease if they have a written statement from a doctor that using marijuana could help them.

It is obvious that Stephan's and others' testimony will not save this bill. It is doomed because the committee is chaired by Susan Wagle, a conservative who said, "This bill isn't on my agenda. In the last five years, there have been so many more drugs available to cancer patients."

Wagle is correct in her assessment of new drugs. But all cancer sufferers do not react to these drugs in the same way. If they can be helped with medical marijuana then it should be available to them.

Today's restrictions on marijuana began with a laughable series of events in the 1930s, when Harry J. Anslinger, who worked in the Bureau of Prohibition, led the political fight against marijuana using baseless arguments, false accusations and racism. Industrialists in paper and plastics, who feared competition from hemp production, helped support his efforts.

Hysteria and politics continue to this day. That will change only when more people like Stephan are willing to put their reputation on the line to help others.

-- Tom Bell

Editor Publisher

[palmspringsbum]

Posted on Sun, Feb. 17, 2008
ROBERT T. STEPHAN: U.S. SHOULD ALLOW MEDICAL MARIJUANA

The Wichita Eagle
BY ROBERT T. STEPHAN

Some seem surprised that I advocate the legislation that is supportive of medical marijuana. Let me make it clear that I do not advocate the legalization of marijuana or any other controlled substances.

This marks the 25th year since I first publicly supported medical marijuana and the reclassification of marijuana from a Schedule 1 drug to a Schedule 2 drug (Class I -- no medicinal value; Class II -- medicinal value).

I find it almost unbelievable that our federal government would continue to let its citizens suffer from various diseases when the properties contained in marijuana would alleviate that suffering. Frankly, I don't know how those in the federal government and the Drug Enforcement Administration can sleep at night when they choose to ignore mounting evidence that marijuana relieves suffering from many diseases.

I know about the nausea that comes with most regimens of chemotherapy. In 1972 I was diagnosed with lymphocytic lymphoma in stage IV. The nausea is not just an upset stomach that can be quieted by chewing Pepto-Bismol tablets. It is horrible and in some instances can cause you to be unable to eat or digest food and become immobile for a time.

While I was undergoing chemotherapy, some medicines worked and some did not. The same thing is true today. Opponents of medical marijuana, who say there are plenty of drugs to alleviate suffering, tout the latest drug -- Marinol. Shame on them.

Over the past few months, I have been talking with a young lady who has stage IV liver cancer and is undergoing chemotherapy. She is unable to hold down much food and is terribly ill with nausea. One day she was excited because the doctor was going to prescribe Marinol for her. It contains THC, a component in the marijuana plant. A week after she started taking Marinol, she was still so ill she could not hold back vomiting. She has since commenced acupuncture, which helps, but she is still nauseated. Why would anyone deny this wonderful woman the right to use a drug to relieve her suffering?

For 15 years, I visited cancer patients in hospitals in Topeka and Wichita. Some patients said they resorted to marijuana to relieve their nausea. It is not right that they should be subject to incarceration because marijuana was their last resort for relief.

The states cannot violate federal law, but they do have the right to determine state penalties for violations of law. Twelve states have sent a message to the federal government by passing medical marijuana laws. Kansas can add to that message.

DEA administrative law judges have ruled against the DEA position. The New England Journal of Medicine in 1997 called the federal ban on medical use of marijuana "misguided, heavy-handed and inhumane."

By passing Senate Bill 556, the Legislature would send a message to the federal government and the DEA that they must allow appropriate research of the marijuana plant and place marijuana as a Schedule 2 drug.


<hr class=postrule><small>Robert T. Stephan, a Lenexa attorney, was Kansas attorney general from 1979 to 1995. This was adapted from his testimony last week to a Senate committee.

<center>© 2007 Wichita Eagle and wire service sources. All Rights Reserved. http://www.kansas.com</center></small>

[palmspringsbum]

Bill mandates drug screening

<span class=postbigbold>Participants in assistance programs may face testing</span>

The Topeka Capital-Journal
BY TIM CARPENTER
March 17, 2009

Legislation approved on a party-line vote by a House committee Tuesday placed a target on the back of Kansans who depend on state public assistance and engage in illegal drug use.

The state should no longer ignore people who view cash assistance from the state as a subsidy for the purchase of marijuana, cocaine, crack and other illegal substances, said Rep. Brenda Landwehr, a Wichita Republican and chairwoman of the House Health and Human Services Committee.

“We have a fiduciary duty to taxpayers,” she said. “I’ve been in favor of this legislation.”

The GOP-led committee amended House Bill 2275 to attach drug testing to people involved in four programs providing cash assistance and operated by Kansas Department of Social and Rehabilitation Services would be subjected to random drug screening. The testing mandate would cover about 14,000 people in the Temporary Assistance for Families, General Assistance, Child Care Assistance and Grandparents as Caregivers Assistance programs.

“I don’t think it would work well,” said Wichita Rep. Geraldine Flaharty, who joined with other Democrats on the committee to oppose the bill.

SRS Secretary Don Jordan, who endorsed the reform, said about one-third of participants in the state programs would be tested annually. He expects 3 percent to 8 percent to fail drug tests, and the majority of those positive readings would be for marijuana.

Anyone caught consuming an illegal drug would be referred to an education or treatment program, Jordan said. Failure to complete the program would result in termination of public assistance. People who finish the required program would be tested periodically. A second positive test would cut off public assistance.

Rep. Scott Schwab, R-Olathe, said the bill properly offered Kansans an opportunity to quit using illegal drugs before removed from public assistance rolls.

Jordan said SRS would give people advance warning of an upcoming test, perhaps as much as seven days notice. SRS will need to write regulations for managing the program, grapple with potential legal objections to the mandate and identify a series of clinics for people to deliver samples for testing. He said transportation issues could arise for some people on cash assistance.

“You can’t expect them to drive 150 miles to take a drug test,” he said. Amendments to the bill sponsored by Rep. Kasha Kelley, R-Arkansas City, deleted a testing requirement for alcohol and exempted from review people enrolled in federally financed programs offering food and medical aid.

In addition, a provision of Kelley’s bill that would finance SRS testing with proceeds from drug seizures was dropped.

The bill was amended by the committee to delay implementation until July 2010, and the Legislature would have to allocate $800,000 annually to pay for the testing program.

Rep. Jim Ward, D-Wichita, said the state would be better served by abandoning Kelley’s bill and devoting that money to providing health care to uninsured children.
<small>
Tim Carpenter can be reached at (785) 296-3005 or timothy.carpenter@cjonline.com.
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