Minnesota Law Enforcement Coalition

Transcription

1 Minnesota Law Enforcement Coalition Representing these Organizations: Minnesota County Attorneys Association Minnesota Chiefs of Police Association Minnesota State Association of Narcotics Investigators Minnesota Sheriffs Association Minnesota Police and Peace Officers Association March 2, 2009 Medical Marijuana Legislation Law Enforcement Coalition s Summary of s Marijuana is the most widely abused controlled substance in the state. The proposed medical marijuana law will increase the potential for marijuana abuse. The proposed medical marijuana law provides an opportunity for persons to fraudulently obtain marijuana under the guise of medical marijuana legislation as the legislation requires limited oversight by the Commissioner of Health. The proposed medical marijuana law provides significant financial incentives for individuals and organized criminal elements, under the guise of medical marijuana, to cultivate marijuana for unlawful purposes. The proposed medical marijuana law will allow for the establishment of marijuana grow and distribution operations that create significant public safety risks. The proposed medical marijuana law provides monetary incentives to those who currently unlawfully cultivate and sell marijuana to continue and expand their illegal operations. The medical marijuana law requires Minnesota law enforcement officers that mistakenly or unknowingly seize medical marijuana to either return the marijuana in violation of federal law and ethical obligations or subject themselves to civil lawsuit to recover the value of marijuana. The medical marijuana law will unnecessarily create safe harbors, legal presumptions, and legal defenses that allow those who are fraudulently or otherwise unlawfully cultivating or possessing marijuana to escape investigation, arrest and prosecution. The medical marijuana law will negatively impact law enforcement s ability to efficiently and effectively investigate the unlawful cultivation, distribution, and possession of marijuana. The medical marijuana law creates penalty provisions for the unlawful cultivation, distribution, and possession of marijuana that are significantly less than existing statutes and may negatively impact the ability of prosecutors to obtain appropriate sentences for serious marijuana offenders. 1

2 Introduction Minnesota law enforcement officers and prosecutors sympathize with individuals and their family members and friends who suffer from pain and other ill effects associated with serious medical diseases and conditions. Our Associations have members who themselves have personally and painfully been impacted by the types of serious medical diseases and conditions that this medical marijuana legislation attempts to address. However, as law enforcement officers and prosecutors we also experience on a daily basis the pain and suffering that is directly and indirectly attributable to the illegal cultivation, distribution, and possession of marijuana. We are alarmed at reports that marijuana is the most widely abused controlled substance in our state. We are alarmed at surveys that indicate over 30% of 12th grade students in our state have used marijuana within the past year. We see firsthand the property crimes, assaults, child neglect and endangerment, robberies, and homicides that are related to illegal drug activity, including marijuana. In some cases, the incidents are directly related such as when an innocent person is seriously injured or killed during a robbery attempt of a marijuana dealer. In other cases the impact of marijuana abuse is less apparent, such as the high percentage of methamphetamine or cocaine users who began their illegal drug experiences with marijuana. It is for these reasons, and the failure of the proposed legislation to adequately address the following concerns that law enforcement officers and county attorneys throughout this state oppose the proposed medical marijuana legislation. Marijuana is the most widely abused controlled substance in the state. The proposed medical marijuana law will increase the potential for marijuana abuse. Both the U.S. Food and Drug Administration (FDA) and the Minnesota State Board of Pharmacy recognize that marijuana is classified as a Schedule I Controlled Substance. Under existing Minnesota and federal law a substance is classified as a Schedule I Controlled Substance if it has a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. M.S , Subds. 2(3) and 7; and 21 U.S.C. 812 (b)(1). The potency of marijuana has increased dramatically during the past 20 years. Some of the short term effects of marijuana use include loss of memory, concentration and coordination. Studies show that long term use elevates the risks of depression, psychosis and schizophrenia. Currently, some reports indicate that more teenagers are being treated for marijuana abuse than are being treated for alcohol and other drugs combined. Despite marijuana s high potential for abuse, the proposed medical marijuana legislation mandates the Commissioner of Health to issue a medical marijuana registry identification card merely upon receipt of a medical practitioner s certification that the person is suffering from various ailments, including intractable pain. Intractable pain is defined in the legislation as any pain, irrespective of its intensity, that has not responded to ordinary medical or surgical measures for more than six months. There is no requirement that the intractable pain be associated with a cancer, 2

3 glaucoma, HIV, or other serious diseases. Therefore, the proposed legislation would seemingly authorize the medical use of marijuana for any persistent pain. Experience from other states with similar legislation indicates that if the proposed legislation is enacted, that the Commissioner will be required to issue thousands of medical marijuana registry cards for physical ailments that are not associated with cancer, cachexia, glaucoma, HIV/AIDS, multiple sclerosis and other serious medical conditions or diseases. For example, in Colorado only 10% of the over 4,800 medical marijuana registry cards that were issued were for reported medical conditions related to cancer, cachexia, glaucoma, or HIV/AIDS, while 87% listed serious pain as the reason for issuance of a medical use card. In Oregon only about 10% of the over 20,000 medical marijuana registry cards issued were for reported medical conditions that were related to cancer, cachexia, glaucoma, or HIV/AIDS, while over 18,000 listed serious pain as the reason for issuance of a medical use card. The failure of the legislation to limit the issuance of medical marijuana registration registry cards to those individuals suffering from specific diagnosable medical diseases or conditions such as cancer, glaucoma, HIV and other serious medical diseases or conditions increases the potential for unwarranted certifications and issuance of medical marijuana registry cards that increases the potential for marijuana abuse. Provisions in the legislation that require certification by a medical practitioner of the existence of a debilitating medical condition and that the benefits of the medical use of marijuana would likely outweigh the health risks to the patient is insufficient to relieve concerns regarding the potential for marijuana abuse the medical marijuana legislation creates. Medical diagnosis and identification of appropriate treatments and therapy are often dependent upon the individual characteristics and viewpoints of a patient and their medical provider. Given the subjective nature of such determinations, the legislation fails to provide a mechanism under which the Commissioner of Health can establish rules and guidelines to further define and regulate under what conditions medical marijuana use should be authorized. For example, the legislation fails to require the patient or medical practitioner to submit to the Commissioner an applicant s medical records that support the certification. that the legislation will increase the potential for marijuana abuse is further heightened by the failure of the legislation to require regular supervision by a medical practitioner during the period of marijuana use. The legislation only requires a patient to be seen by a medical practitioner once a year during which time the person s medical history is assessed and a physical examination is conducted. Once the certification has been received, and a registry identification card is issued, the person is allowed to possess up to 2.5 ounces of usable marijuana at any one time without any further monitoring of the person s medical condition or impact of medical marijuana use by a medical practitioner for the remainder of the year. In essence, upon receipt of a registry identification card, the legislation permits a person to use marijuana in any manner or amount. When consideration is given to the fact that an average marijuana cigarette contains one half to one gram of usable marijuana, the legislation would allow a person to possess 70 to 140 marijuana cigarettes at any one time with no limit or medical supervision as to the amount or number of marijuana cigarettes a person may use during any one day. Under the legislation, over the course of a year a person could conceivably consume thousands of marijuana cigarettes containing several pounds of usable marijuana. 3

4 The failure of the legislation to require regular medical supervision of the patient s medical condition and dosage amounts ignores the FDA and Minnesota Board of Pharmacy classification of marijuana as a Schedule I Controlled Substance. As noted by at least one state that has extensively reviewed issues surrounding proper dosage units of marijuana: [A]fter extensive review and study related to medical marijuana there is no one size fits all dose and its therapeutic effect is highly dependent on a number of factors including: the persons condition or disease, tolerance level, methods of use (smoking, ingestion, vaporization, tinctures, or suppositories), and the potency or THC level in the plant. See, State of Washington Department of Health, Final Significant Analysis for Rule ing Medical Marijuana Definition of 60 Day Supply, July Despite this finding, under the proposed legislation upon receiving a certification and registry card, a person is authorized, without medical supervision, to secure marijuana from whatever source they can find (including illegal distributors), with any level of potency, and self medicate in any amount or manner they desire without medical supervision. Unregulated authorization and failure to provide for adequate monitoring of a patient s ongoing medical marijuana use will surely increase the potential for marijuana abuse. The proposed medical marijuana law provides an opportunity for persons to fraudulently obtain marijuana under the guise of medical marijuana as the legislation requires limited oversight by the Commissioner of Health. Despite marijuana s high potential for abuse the proposed medical marijuana legislation provides that the Commissioner shall issue a medical marijuana registry card to a person merely upon a medical practitioner s certification that the person suffers from a debilitating condition and the potential benefits of medical use of marijuana would likely outweigh the health risks for the qualifying patient. The ability of the Commissioner to provide additional oversight over a medical practitioner s certification to prevent fraudulent certifications and application is limited as the legislation fails to provide any authority for the Commissioner of Health to create rules or regulations for the application process to prevent fraudulent certifications or applications. The ability of the Commissioner to provide additional oversight over a medical practitioner s certification to prevent fraudulent certifications and application is further limited as there is no provision that would require the applicant or the medical practitioner to provide the Commissioner the applicant s medical records or reports in support of the certification. 4

5 The proposed medical marijuana law provides significant financial incentives for individuals and organized criminal elements, under the guise of medical marijuana, to cultivate marijuana for unlawful purposes. Under the proposed legislation a qualified patient possessing a marijuana use registry card would be allowed to possess at any one time up to 2.5 ounces of marijuana and up to 12 marijuana plants. The legislation provides that the patient may designate a primary caregiver to cultivate a patient s allowable amount of marijuana if there is not a registered organization within five miles of the patient s residence. The legislation provides that a primary caregiver may possess up to 2.5 ounces and cultivate up to 12 marijuana plants for each patient and may assist up to five patients at any one time. Under the proposed legislation a primary caregiver is allowed to possess up to 12 ounces of marijuana and 60 marijuana plants. The legislation also provides that a qualified patient may designate a registered organization to cultivate up to 12 marijuana plants for the patient. Unlike the primary caregiver, there is no limit on the number of patients that a registered organization may serve. As a result it is conceivable that a registered organization could operate a marijuana growing operation involving hundreds, if not thousands of marijuana plants. Generally it will take 12 to 15 weeks for a marijuana plant to reach a level of maturity where it can be harvested. Given this growth cycle it is common for marijuana growers to obtain three harvests in one year. The amount and potency of usable marijuana that can be obtained from a mature marijuana plant will vary. Factors that may impact the amount and potency include the skill of the particular grower, type and size of plant, physical limitations, and overall growing environment. As a result, each marijuana plant is capable of producing anywhere from a few ounces to amounts in excess of one pound. Some studies have shown that smaller and less sophisticated marijuana growing operations that one would anticipate would be used by qualified patient to home grow medical marijuana will typically produce approximately 3 4 pounds of usable marijuana per year. Larger growing operations used by primary caregivers serving multiple patients and registered organizations are likely to be more sophisticated and capable of producing hundreds pounds of usable marijuana per year. Recent statewide surveys indicate that approximately 11% of the state s population used marijuana within the past year. The popularity of marijuana, and increases in potency, have resulted in a steady increase in the street value of the substance. State law enforcement agencies who regularly purchase marijuana in undercover operations indicate that a pound of marijuana currently has a street value of $1,200 to $3,500 depending upon its potency. One ounce of marijuana has a street value of approximately $165 to $200. As a result, even small marijuana growing operations are capable of producing marijuana valued at thousands of dollars, with large scale operations capable of producing marijuana valued in the hundreds of thousands of dollars. 5

6 The monetary street value of marijuana provides monetary incentives for criminals, gangs, and organized crime, under the guise of medical marijuana, to cultivate marijuana for illegal possession or sale. States that have enacted medical marijuana legislation have reported instances of individuals and other entities that have fraudulently used medical marijuana legislation as a front for operations that illegally cultivate and distribute marijuana for non medical use. The proposed medical marijuana law will allow for the establishment of marijuana grow and distribution operations that create significant public safety risks. States with current medical marijuana laws are experiencing increasing crime rates in and around marijuana dispensaries as well as violence related to robberies of illicit growers and distributors. Police also receive frequent complaints from residents near dispensaries because they attract people under the influence of drugs that are also often engaged in other illegal activities. Of even greater concern is the reality that persons who cultivate and possess marijuana become targets themselves of criminals and gangs who engage in robbery and other violent acts to obtain marijuana for illegal resale on the street. The violence associated with marijuana rip offs often extends beyond those who cultivate and posses the substance, but to family members, friends, and neighbors who simply are present or nearby when the robbery and its associated violence occurs. The above public safety concerns become even more exacerbated when one considers the potential number of medical marijuana grow operations that could be established in the state if a qualified patient or caregiver were allowed to cultivate marijuana. Under the legislation any qualified patient or primary caregiver can receive permission to cultivate provided there is not a registered organization within five miles of the qualified patient s home. While it is unclear exactly how many persons will be authorized to cultivate marijuana under the proposed legislation, similar legislation in other states has resulted in the issuance of thousands of patient and caregiver registration cards per state. For example, in Colorado over 4,800 persons currently possess a medical marijuana registration card. In Oregon, over 30,000 patients and caregivers have been issued a medical marijuana registry card. These experiences provide ample reason to believe that Minnesota would also experience similar numbers of registration cards being issued to qualified patients and primary caregivers. As such the proposed legislation seemingly would authorize thousands of individuals to begin cultivating marijuana, worth thousands of dollars if illegally sold on the street, in their homes, garages, storage sheds and backyards, placing the safety of themselves and those nearby in jeopardy. An even greater public safety concern is created when one considers that the legislation is silent as to whether or not a landlord could prohibit or limit a tenant s medical use of marijuana. Public safety concerns expressed previously become even greater when persons are allowed to cultivate and use marijuana in apartment buildings or other multi unit dwellings where individuals live in close quarters and share common areas. Stray bullets can easily penetrate adjoining walls, ceilings, and floors striking others person in an adjoining apartment with tragic results. 6

7 Despite the significant public safety concerns associated with possession and the cultivation of marijuana, the legislation is silent as to the need and authorization for the Commissioners of Health or Public Safety, or any other governmental unit, to establish adequate safety measures. Currently, the only limitations appear to be that persons who have been convicted of a drug felony would not be allowed to be a primary caregiver or be associated with a registered organization and that the marijuana plants would need to be kept in a locked facility. There are additional provisions that would prohibit registered organizations from operating within 500 feet of the property line of a school or place of worship and requiring that a registered organization submit to the Commissioner of Health a summary of security measures and, if deemed advisable by the Commissioner, reasonable security upgrades may be required. The Commissioner of Health also is allowed to make reasonable inspections of registered organizations. However, the legislation provides no rule making authority for the Commissioner to establish minimum health and safety requirements, which raises concerns as to the ability of the Commissioner to take measures to legally enforce any recommended health and safety recommendations. The most disturbing aspect of the legislation is its failure to include, and in some cases specifically exclude, those individuals who are most directly responsible for protecting the safety of our communities state and local law enforcement agencies. There is no provision in the legislation that would require state and local law enforcement agencies to be notified of the existence of medical marijuana growing operations. There is no provision that would require state or local law enforcement agencies to be notified of large scale medical marijuana growing operations established by registered organizations. There is no provision that would create an opportunity for state and local law enforcement agencies to provide input as to appropriate security measures or to conduct reasonable inspections to assure compliance with the law. Under the legislation s data practices provisions, the Commissioner of Health is specifically excluded from sharing with local law enforcement agencies the identities of qualified patients or primary caregivers who are authorized to possess and cultivate marijuana. The medical marijuana legislation makes it lawfully possible for thousands of medical marijuana growing operations to be established throughout the state, capable of annually producing marijuana that is regularly abused by adults and youth, with combined street values in the hundreds of thousands (if not millions) of dollars. This poses significant threats to the safety of patients, caregivers, growers, innocent third parties and the general public, without allowing for any knowledge of, or input or monitoring by, state or local law enforcement officers. As such the legislation fails to appropriately balance the need and purposes of medical marijuana use with the significant threat to public safety that it creates. The proposed medical marijuana law provides monetary incentives to those who currently unlawfully cultivate and sell marijuana to continue and expand their illegal operations. The proposed legislation specifically provides a lawful source for the qualified patient or primary caregiver to secure an allowable amount of marijuana a registered organization. However, the proposed legislation does not prohibit a qualified patient or primary caregiver from purchasing 7

8 marijuana from an unlawful source. Instead the legislation would prohibit the prosecution of those who turn to unlawful sources to obtain their marijuana for medical use, provided it was not in excess of 2.5 ounces. The result is that qualified patients and primary caregivers would be allowed to directly support illegal drug activity by purchasing the allowable amount from unlawful marijuana dealers and create monetary incentives for illicit dealers to continue to operate and possibly expand their unlawful drug operations. It would be akin to allowing persons to purchase property from a thief knowing full well at the time of the purchase that the property was stolen. The failure to include a provision prohibiting a qualified patient from purchasing marijuana from an illegal source is inconsistent with other public policies and statutes that attempt to eliminate or reduce financial incentives for persons to commit criminal acts. The medical marijuana law requires Minnesota law enforcement officers that mistakenly or unknowingly seize marijuana to either return the marijuana in violation of federal law and their professional ethical obligations or subject themselves to civil lawsuit to recover the value of marijuana. During the course of an otherwise lawful investigation law enforcement may seize marijuana or marijuana plants only for it to be later determined that the marijuana was lawfully possessed under the medical marijuana law. Given that the legislation specifically prohibits law enforcement access to information related to the identity and location of individuals that have been authorized to possess and cultivate medical marijuana, the potential for marijuana to be mistakenly seized by an unknowing officer is great. Under Minnesota law, enforcement agencies are required to return all property that has been unlawfully seized. See, M.S Therefore, should it later be determined that the person lawfully possessed marijuana under the state s medical marijuana law, the law enforcement agency is required to return any marijuana associated with the lawful cultivation, possession or use back to the person they seized it from. Not only do law enforcement agencies lack the space and resources to maintain marijuana plants until it the lawfulness of the persons possession can be determined, requiring law enforcement officers to return controlled substances would require these officers to act in violation of federal law, in violation of their ethical responsibilities to uphold the law, and would subject the law enforcement agency to a civil lawsuit for the value of the marijuana. Such requirements would also place serious strains on existing and future collaborative efforts between state and federal law enforcement efforts to combat illegal drug activity and other criminal acts. The medical marijuana law will unnecessarily create safe harbors, legal presumptions, and legal defenses that allow those that are fraudulently or otherwise unlawfully cultivating or possessing marijuana to escape investigation, arrest and prosecution. Existing federal and state constitutional and statutory provisions provide a multitude of procedural safeguards designed to protect a person s individual liberties and to protect persons from false 8

9 accusations. Violations of the medical marijuana law should be no different than standards and procedures employed in any other criminal offense. The proposed legislation creates safe harbors by prohibiting the arrest and prosecution of persons who are in the presence or vicinity of the medical use of marijuana. The legislation includes language that mandates law enforcement officers, prosecutors, and judges to release persons from custody and dismiss any prosecution of individuals suspected of violating drug laws merely upon the presentation of a valid registration card, irrespective of other information to suggest that the person may be unlawfully cultivating or in possession of marijuana for illegal purposes. The legislation includes statutory language that seemingly prohibits the ability of law enforcement officers, prosecutors, and judges to consider information related to a person s application for a registry identification card during the course of an otherwise lawful investigation or as probable cause to support the issuance of a search warrant. Such provisions raise significant separation of powers concerns as they seek to statutorily mandate and regulate what the executive and judicial branches of government may or may not do or consider in the exercise of their constitutional duties and responsibilities. The proposed legislation creates legal presumptions and affirmative defenses to prosecution that are far too broad and are unnecessary under the law. Legislative language that creates a presumption that the person lawfully possessed marijuana by merely demonstrating that they were in possession of an identification card and an allowable amount of marijuana could lead to jury instructions that cause confusion and/or place an even greater burden upon the prosecution than that is required in other criminal cases. The affirmative defense created by this proposed legislation even applies to those who did not apply for or obtain a medical marijuana registry identification card from the Commissioner of Health. Under this defense, a person seeking to avoid prosecution need show only that a practitioner has opined that the potential medical benefit to the user outweighs the potential health risks and that the quantity in the user s possession was not more than reasonably necessary to alleviate the user s medical condition. Therefore, it is not necessary for the person to demonstrate that there existed a debilitating medical condition or that they even applied for the registry ID card. This in essence would allow persons using marijuana for medical purposes to ignore registration procedures under the law which authorizes its use in the first place. This should not occur. Legislative language that allows the state to rebut this presumption by presenting evidence that the conduct related to the marijuana was not to alleviate the persons debilitating medical condition is insufficient. State data privacy laws and evidentiary rules limit the ability of the state to access doctor patient privileged communications. This prevents law enforcement investigators and prosecutors from gaining access to the person s medical records and diagnoses. Consequently, there would be no means for the state to ever effectively rebut this presumption. 9

10 The medical marijuana law will negatively impact law enforcement s ability to efficiently and effectively investigate the unlawful cultivation, distribution and possession of marijuana. The proposed legislation specifically classifies data in registration applications that pertain to the identity of qualified patients, primary caregivers, and medical practitioners as private data on individuals. As such Minnesota data privacy laws would prohibit the Commissioner of Health from giving law enforcement information related to the identity of persons who the Commissioner has authorized to cultivate or possess marijuana for medical purposes. The legislation further limits the ability of law enforcement officers to obtain the information through court orders as other provisions in the legislation specifically prohibit the courts from taking into consideration that the person has applied for and received a medical marijuana registry card. Under the legislation, even if law enforcement were to contact the Commissioner in an attempt to verify the identity of a person who claims to be in lawful possession of marijuana, the Commissioner is only allowed to verify the validity of a registry card by the card s number. If law enforcement is to effectively and efficiently investigate the unlawful cultivation, distribution and possession of marijuana it is imperative that law enforcement be provided with the identity of those authorized to use medical marijuana. Prohibiting the disclosure of such information could result in the initiation of a criminal investigation and the expenditure of limited public resources in the investigation of reported illegal marijuana cultivation or possession that could have been resolved through a simple phone call and receipt of information from the Commissioner of Health. The failure of law enforcement to have access to application information also increases the likelihood of medical marijuana being mistaken seized and subsequently having to be returned to the qualified patient or primary caregiver in violation of federal law. Without knowledge of the identity and authorization of a person authorized by law to use marijuana for medical purposes, law enforcement would also be unable to conduct compliance checks to assure that adequate safety measures are taken to reduce public safety concerns. The medical marijuana law creates penalty provisions for the unlawful cultivation, distribution, and possession of marijuana that are significantly less than existing statutes and may negatively impact the ability of prosecutors to obtain appropriate sentences for serious marijuana offenders. Under the proposed legislation persons who sell, transfer, loan, or otherwise gives to another person marijuana obtained under the medical marijuana law is guilty of a two year felony and a fine not to exceed $3,000. Although there is an increase in penalty for repeat offenders, these penalties are lower than those under current laws involving illegal cultivation or sale of marijuana. Under existing controlled substance laws a person who sells any amount of marijuana or transfers any amount of marijuana (except one and one half ounce for no renumeration) is guilty of a 5 year felony and a fine not to exceed $10,000. For repeat offenders the penalty provision increases to 10 years and a fine not to exceed $20,000 with a mandatory minimum term of incarceration of 6 10

11 months. Consequently, the penalty for illegal distribution of medical marijuana is less than otherwise provided in Minnesota law for illegally cultivating or selling marijuana on the street. Under the proposed legislation individuals associated with registered organizations, involved in large scale growing operations potentially capable of producing hundreds of pounds of marijuana with street values in excess of hundreds of thousands of dollars, who submit false records or documentation are guilty of a felony punishable by up to 5 years in prison or a fine not to exceed $10,000. However, under existing controlled substance laws individuals who unlawfully cultivate, distribute, or possess marijuana in quantities that: exceed 110 pounds are subject to prosecution for offenses that involve penalties of up to 40 years in prison and a fine not to exceed $1,000,000 (first degree controlled substance crimes); exceed 55.8 pounds are subject to prosecution for offenses that involve penalties of up to 25 years in prison and a fine not to exceed $500,000 (second degree controlled substance crime); and exceed pounds are subject to prosecution for offenses that involve penalties of up to 20 years in prison and a fine not to exceed $250,000 (third degree controlled substance crimes). Again, the illegal cultivation or sale of medical marijuana results in lower penalties than are otherwise available under Minnesota law for the general illegal cultivation or sale of marijuana. Given the language in the proposed legislation, prosecutors will be limited under constitutional, statutory, and case law principles and precedent that prohibit multiple prosecution and convictions that arise from the same conduct and requires prosecution under laws that provide for the least severe penalties. Consequently, this legislation will lower criminal penalties available for illegal cultivation and distribution of marijuana if it relates to the illegal distribution of marijuana that should have been used for medical purposes. Admin\MJ\Medical Marijuana Legislation Coalition s.doc 11