Summary: House Bill 2695 was introduced By Representative NELSON (at the request of Ed Rosario, Yamhill sheriff detective) -- Relating to medical marijuana.

  Clarifies that person under influence of medical marijuana may not operate commercial motor vehicles.

  Prohibits person using medical marijuana from exposing others to secondhand smoke from marijuana.

  Punishes by maximum imprisonment of 30 days, $1,250 fine, or both.

The text of this bill should be at: http://www.leg.state.or.us/05reg/measures/hb2600.dir/hb2695.intro.html

Status:

02/28 (H) First reading. Referred to Speaker's desk.

03/03 (H) Referred to Judiciary with subsequent referral to Transportation.

03/04 (H) Assigned to Subcommittee On Criminal Law.

Details: On 2695, Yamhill Co. Rep. Donna Nelson made queries during a Judiciary Committee hearing about second hand smoke and seemed concerned about this issue.   We are unaware of any studies which suggested any problem with second hand medical cannabis smoke.   The only mention we know invoved a hospice facility, where many of the residents were in recovery from drug addiction and the d/a counselor was very concerned.   A vaporizer solved that problem.

Perhaps a physician more knowlegable about the studies could contact Rep. Nelson or a patient constituent of hers could make contact to clarify how this is not a problem.   We are guessing Rosario had a case involving medical cannabis DUII and a commercial motor vehicle.

Ed Rosario was lead detective on a case where a medical marijuana patient was shot by someone stealing from his medicinal garden in Amity.   Following the October 2002 theft and break-in of an OMMP patient/caregiver garden, Det. Rosario requested permission from the patient's mother in law (a person without authority to consent) to search his house.   She granted permission; he searched and later obtained a search warrant.   He and the Y-CINT team (including OSP Lt. Craig Durbin) executed the search warrant after the patient came home from the hospital and seized his medicine and arrested him.

Yamhill County Judge Carol Jones suppressed the evidence.   The state has appealed her decision.

As far as those other jobs Det. Rosario and the rest of law enforcement supposedly does - like finding the person or persons who shot the medical marijuana patient.   Guess what?   No arrests have been made.   This link > < is to the Marijuana Policy Project (MPP) library story file on the case.

This link: http://www.co.yamhill.or.us/prevention/may2003.pdf, shows that in 2003, as detective from McMinnville, was part of a taskforce called "Reach Out Now", a national campaign "designed to articulate that "underage drinking is a big roadblock to academic achievement and long-term success".

ANALYSIS

HB2695 is a HORROR from Rep. Nelson for any medical cannabis user.   The medical cannabis community should make sure it   a) does not pass the house or failing that   b) is buried in the Senate.

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