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Two legislators want to open a hole in South Dakota's laws against marijuana. One is a policeman: Rep. Dan Kaiser, R-Aberdeen. The other is a retired police officer: Sen. Craig Tieszen, R-Rapid City.
They circulated a measure among other lawmakers Tuesday to make medical necessity an affirmative defense for people caught in possession of two ounces or less.
Kaiser said defendants would have the option to present the defense and judges would have the choice whether to consider it.
"It doesn't legalize it," Kaiser said.
He stressed that the marijuana would be confiscated at the time of arrest and the person in possession would be booked on criminal charges.
Asked whether the marijuana would be returned to the person if the judge accepted the medical-necessity argument, Kaiser paused. "The bill does not authorize that, because the marijuana would still be illegal," he said.
Tieszen said former Rep. Tom Hennies had offered similar legislation. Hennies, who died in 2009, was the Rapid City police chief before he was elected to the Legislature.
Hennies was the only legislator who signed his name to the 2001 bill, which was killed after its first committee hearing.
Lobbyists for the police chiefs, sheriffs, attorney general, Highway Patrol and state Health Department testified against it.
Tieszen said the intent of the current legislation isn't to legalize marijuana or to allow storefront pharmacies.
"All they can do is defend themselves in court. They can bring their experts, they can show their disease or illness, and let the judge and jury decide," he said.
Tiezen called it the Tom Hennies memorial bill. "He thought it was the thing to do. I looked at it and I agree. So I'll spend a little political capital," Tieszen said.
State Attorney General Marty Jackley opposes the medical-necessity defense. He said South Dakota voters turned down marijuana legalization measures in 2006 and 2010.
Jackley said marijuana is often a gateway drug that leads to other drug use and to violent crimes. He said doctors believe there are safer medications, and marijuana is against federal law.
Nineteen men and two women are in South Dakota's prisons for marijuana distribution or possession, he said. That is less than 1 percent of the total population of inmates.
"A medical necessity defense will in reality go a long way toward legalizing marijuana by making it more difficult to enforce marijuana laws and require a medical examination and expensive battle of experts with taxpayer money in too many instances," Jackley said.
Kaiser and Tieszen spent Tuesday attempting to gather signatures from other legislators as co-sponsors of their bill. It could be officially submitted Wednesday, the final day for unlimited introduction of legislation.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: capjournal.com
Author: Bob Mercer
Contact: news@capjournal.com
Website: SD lawmakers push for medical marijuana defense - Capital Journal: News: south dakota, cannabis, marty jackley, highway patrol, legality of cannabis
They circulated a measure among other lawmakers Tuesday to make medical necessity an affirmative defense for people caught in possession of two ounces or less.
Kaiser said defendants would have the option to present the defense and judges would have the choice whether to consider it.
"It doesn't legalize it," Kaiser said.
He stressed that the marijuana would be confiscated at the time of arrest and the person in possession would be booked on criminal charges.
Asked whether the marijuana would be returned to the person if the judge accepted the medical-necessity argument, Kaiser paused. "The bill does not authorize that, because the marijuana would still be illegal," he said.
Tieszen said former Rep. Tom Hennies had offered similar legislation. Hennies, who died in 2009, was the Rapid City police chief before he was elected to the Legislature.
Hennies was the only legislator who signed his name to the 2001 bill, which was killed after its first committee hearing.
Lobbyists for the police chiefs, sheriffs, attorney general, Highway Patrol and state Health Department testified against it.
Tieszen said the intent of the current legislation isn't to legalize marijuana or to allow storefront pharmacies.
"All they can do is defend themselves in court. They can bring their experts, they can show their disease or illness, and let the judge and jury decide," he said.
Tiezen called it the Tom Hennies memorial bill. "He thought it was the thing to do. I looked at it and I agree. So I'll spend a little political capital," Tieszen said.
State Attorney General Marty Jackley opposes the medical-necessity defense. He said South Dakota voters turned down marijuana legalization measures in 2006 and 2010.
Jackley said marijuana is often a gateway drug that leads to other drug use and to violent crimes. He said doctors believe there are safer medications, and marijuana is against federal law.
Nineteen men and two women are in South Dakota's prisons for marijuana distribution or possession, he said. That is less than 1 percent of the total population of inmates.
"A medical necessity defense will in reality go a long way toward legalizing marijuana by making it more difficult to enforce marijuana laws and require a medical examination and expensive battle of experts with taxpayer money in too many instances," Jackley said.
Kaiser and Tieszen spent Tuesday attempting to gather signatures from other legislators as co-sponsors of their bill. It could be officially submitted Wednesday, the final day for unlimited introduction of legislation.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: capjournal.com
Author: Bob Mercer
Contact: news@capjournal.com
Website: SD lawmakers push for medical marijuana defense - Capital Journal: News: south dakota, cannabis, marty jackley, highway patrol, legality of cannabis
