Mexican Drug Kingpin Sentenced to 25 Years in Secret Hearing in Houston from New York Times

February 25, 2010
Mexican Drug Kingpin Sentenced to 25 Years in Secret Hearing
By JAMES C. McKINLEY Jr.
HOUSTON — One of the most brutal and feared drug kingpins in Mexican history was sentenced this week to 25 years in prison during a highly secretive hearing here that was closed to the public to protect the lives of everyone involved, according to a court transcript unsealed Thursday.

Osiel Cárdenas Guillén, the head of the Gulf Cartel, which controls much of the cocaine traffic across the border in South Texas, has agreed to cooperate with the federal government, according to the transcript. Mr. Cárdenas pleaded guilty to five counts in a lengthy indictment, including drug dealing, money laundering and the attempted murder and assault of federal agents. He also forfeited $50 million in assets.

The sentencing took place in a federal courtroom in Houston behind locked doors and armed guards before Judge Hilda G. Tagle, who granted the government’s request to bar the public. Only two members of Mr. Cárdenas’s family and a handful of federal agents were present.

Judges often seal particular documents in drug and terrorism trials to protect informants or continuing investigations, but it is highly unusual to seal a sentencing hearing for security reasons.

“I apologize to my country, Mexico, to the United States of America, my family, to my wife especially, my children, for all the mistakes I made,” Mr. Cárdenas, 42, said in court. He added, “I am remorseful.”

Judge Tagle said people she had encountered whose lives had been ruined by the drug trade and the violence it generated had weighed heavily in her mind in deciding whether to accept the prosecutor’s recommendation of 25 years.

“Kidnappings, extortion, gun battles in the streets, a desperate economy, innocence lost — that is your legacy to your country, to our communities on both sides of the border, and to society,” the judge told Mr. Cárdenas, according to the transcript.

Before his arrest in Mexico in March 2003, Mr. Cárdenas ran a small empire of drug smugglers and gunmen in his home state, Tamaulipas, moving tons of cocaine every year into the United States. Law enforcement authorities on both sides of the border said he was famed for vicious violence against his enemies and for recruiting former military commandos to serve as his gunmen, known as Zetas.

Even from his Mexican jail cell, he continued to oversee the cartel’s operations, law enforcement officials say. But in 2007, President Felipe Calderón of Mexico, having begun an offensive against drug dealers, broke with policy and extradited Mr. Cárdenas along with 14 other major figures from the Mexican underworld.

Since then, Mr. Cárdenas has been cooperating with the United States authorities, as his organization has been weakened by arrests and by a lack of strong leadership at the top, experts on Mexican drug cartels said.

The Zetas, meanwhile, have broken off and became a separate criminal operation that now controls the lucrative crossing at Laredo, Tex. In recent weeks, there have been a series of gun battles between the Zetas and the remnants of Mr. Cárdenas’s organization in towns along the Texas border as they vie for turf.

“Ever since he’s been in the United States, he’s been cooperating,” said George W. Grayson, a professor at the College of William & Mary who studies the Mexican cartels. “He may be more inclined to talk about the Zetas given the hammer-and-tong conflict between them and the Gulf Cartel.”

The sentencing and the two years of legal maneuvering before it were handled with the utmost secrecy. At the request of prosecutors, Judge Tagle sealed dozens of documents in the case, from those related to Mr. Cárdenas’s plea agreement to descriptions of his assets.

The final hearing on Wednesday was not even put on the court’s docket until hours after it was over. In the transcript, the judge explained that the United States Marshals Service had asked to keep the public from witnessing the hearing because it would jeopardize the safety of Mr. Cárdenas. The threat was never explained in court, and the affidavit requesting the unusual level of secrecy was itself sealed.

Judge Tagle agreed to the request, saying there was a good chance, if she opened the hearing, that “the defendant, court personnel, United States marshal personnel, other courthouse personnel and the general public will be placed in imminent danger.”

Several experts on criminal law said it was extremely rare for a judge to bar the public from the sentencing of an organized crime figure. It is more often the case that a judge will seal some documents related to a criminal’s plea agreement on the theory it could upend an investigation.

And in some cases, a judge will close a sentencing hearing if the defendant is going to talk about his cooperation with investigators. But even in cases involving terrorists and American mobsters, most sentencing proceedings are public.


Rachel Marcus contributed reporting.

Why Mexico's Drug War May Become Its Iraq from Time Magazine

Feb. 21, 2010
Why Mexico's Drug War May Become Its Iraq
By Ioan Grillo / Mexico City

The no-nonsense government ads flash onto prime-time Mexican TV between soccer games and steamy soap operas. Bullet-filled corpses are shown sprawled on the concrete; ski-masked special forces are seen storming down residential streets; and bearded bulky capos are dragged before the cameras in handcuffs. "Today these killers are behind bars," says a booming voice-over. "We work using force for your security."

But while the spots boast of victories and progress, a rising chorus of voices across Mexico is complaining that the military approach to Mexico's crime problem is not bearing fruit. Leftists and human-rights groups have slammed the central role of the army and paramilitary police since President Felipe Calderón took office in 2006 and ordered 50,000 troops to fight the drug gangs. But in recent weeks, critics have been joined by some of the government's key allies, including members of Calderón's conservative National Action Party, regional business lobbies and the Roman Catholic Church. Such pressure could affect how the President sees through the drug war during the second half of his term, which ends in 2012. (See the siege of Ciudad Juarez.)

Most criticism centers on the relentless gang-related violence, which has only worsened, even as thousands of traffickers are jailed or extradited to the U.S. In total, there have been more than 16,000 murders that appear to be drug related since Calderón kicked off the crackdown, with this January being the bloodiest month yet. Doubters now say soldiers may be inflaming the gang killings rather than diminishing them. "Security is not directly or principally related to the ability to use force, the number of police officers, the degree of militarization or the purchasing of weapons," the Mexican bishops conference said in a Feb. 15 letter to the government. "With the passage of time, the participation of the armed forces in the fight against organized crime has provoked uncertainty in the population." (See pictures from inside Mexico's drug tunnels.)

Others argue that the violence has mushroomed because the army is directing its attacks at certain cartels, a tactic that only strengthens the rivals of those gangs. Representative Manuel Clouthier, who hails from a prominent National Action Party family, lashed out in a series of interviews this week that the omnipotent Sinaloa cartel of his native state has not been targeted. "In some places they have hit the gangsters. But in my state, everyone can see that the bad guys are being allowed to work," he told TIME. "There is a mafia cabal of criminals, politicians and businessmen and it has simply not been touched." Much of the bloodshed in Mexico is blamed on the efforts of this Sinaloa cartel to expand into new territories. Party leaders and officials swiftly hit back, saying that all criminal groups have been equally attacked.

There are also signs the Mexican public is losing its stomach for the fight. A Feb. 15 survey by Buendía & Laredo found that 50% of respondents thought the government offensive against drug traffickers has made the country more dangerous, while only 21% thought it had made it safer. Another 20% said it had had no effect and 9% gave no comment. Half of respondents also said they personally felt threatened by criminal violence, up from 35% who said they felt threatened in a 2008 survey.

These doubts come as the U.S. continues to throw its weight behind the campaign. Homeland Security Secretary Janet Napolitano signed an agreement for enhanced cooperation in the Mexican capital this week, declaring that "the collaboration between Mexico and the United States has never been stronger." The latest accord follows a hike in funding for the so-called Mérida Initiative to beef up Mexican security forces. In total, the U.S. has pledged $1.6 billion worth of equipment and training for its neighbor, including eight Black Hawk and 13 Bell helicopters for Mexico's army and federal police.

Whatever the criticism, Calderón himself insists that he will not steer away from his military strategy. Since taking power, he has identified with the fight against cartels as his personal battle more than any other Mexican President, breaking with tradition to don a green army uniform in one address to frontline soldiers. On Feb. 19, he went to the top military school to praise the efforts of the troops. "To confront these criminals without scruples, the presence of the armed forces has been and is fundamental," he said. It would also be tough for Calderón to send the soldiers back to the barracks while the violence is worsening for fear it would concede a defeat. This quandary has led critics here to regularly compare the conflict to the Iraq war in Bush's second term; it is a war in which the President cannot claim victory, cannot pull out of, and which only gets worse.

Read "Drug-Dealing for Jesus: Mexico's Evangelical Narcos."

See pictures of Mexico's drug wars.

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14 Legal Medical Marijuana States

14 Legal Medical Marijuana States
Laws, Fees, and Possession Limits
I. Fourteen states have enacted laws that legalized medical marijuana: State Year Passed How Passed
(Yes Vote) ID Card Fee Possession Limit Accepts other states' registry ID cards?
1. Alaska 1998 Ballot Measure 8 (58%) $25/$20 1 oz usable; 6 plants (3 mature, 3 immature) Unknown *
2. California 1996 Proposition 215 (56%) $66/$33 8 oz usable; 18 plants (6 mature, 12 immature)** No
3. Colorado 2000 Ballot Amendment 20 (54%) $90 2 oz usable; 6 plants (3 mature, 3 immature) No
4. Hawaii 2000 Senate Bill 862 (32-18 House; 13-12 Senate) $25 3 oz usable; 7 plants (3 mature, 4 immature) No
5. Maine 1999 Ballot Question 2 (61%) *** 2.5 oz usable; 6 plants Yes
6. Michigan 2008 Proposal 1 (63%) $100/$25 2.5 oz usable; 12 plants Yes
7. Montana 2004 Initiative 148 (62%) $25/$10 1 oz usable; 6 plants Yes
8. Nevada 2000 Ballot Question 9 (65%) $150 + 1 oz usable; 7 plants (3 mature, 4 immature) No
10. New Jersey 2010 Senate Bill 119 (48-14 House; 25-13 Senate) **** 2 oz usable Unknown
9. New Mexico 2007 Senate Bill 523 (36-31 House; 32-3 Senate) $0 6 oz usable; 16 plants (4 mature, 12 immature) No
11. Oregon 1998 Ballot Measure 67 (55%) $100/$20 24 oz usable; 24 plants (6 mature, 18 immature) No
12. Rhode Island 2006 Senate Bill 0710 (52-10 House; 33-1 Senate) $75/$10 2.5 oz usable; 12 plants Yes
13. Vermont 2004 Senate Bill 76 (22-7) HB 645 (82-59) $50 2 oz usable; 9 plants (2 mature, 7 immature) No
14. Washington 1998 Initiative 692 (59%) ***** 24 oz usable; 15 plants No

[Editor's note: All 14 states require proof of residency to be considered a qualifying patient for medical marijuana use. Karen O'Keefe, JD, Director of State Policies for Marijuana Policy Project (MPP), told ProCon.org in a Jan. 19, 2010 email that "Patients and their caregivers can cultivate in 13 of the 14 states. Home cultivation is not allowed in New Jersey and a special license is required in New Mexico."]

II. Two states have passed laws that, although favorable towards medical marijuana,
did not legalize its use:

State Year Passed Provision
1. Arizona 1996 Allows physicians to prescribe marijuana (federal law prohibits physicians from prescribing Schedule I drugs)
2. Maryland 2003 Allows medical use defense in court


I. State Laws That Legalized Medical Marijuana Use
State Program Details Contact and Other Info
1. Alaska Ballot Measure 8 -- Approved Nov. 3, 1998 by 58% of voters
Effective: Mar. 4, 1999
Removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana."

Approved Conditions: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea. Other conditions are subject to approval by the Alaska Department of Health and Social Services.

Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.

Amended: Senate Bill 94
Effective: June 2, 1999

Mandates all patients seeking legal protection under this act to enroll in the state patient registry and possess a valid identification card. Patients not enrolled in the registry will no longer be able to argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.

Update: Alaska Statute Title 17 Chapter 37 (36 KB)

Creates a confidential statewide registry of medical marijuana patients and caregivers and establishes identification card.
Alaska Bureau of Vital Statistics
Marijuana Registry
P.O. Box 110699
Juneau, AK 99811-0699
Phone: 907-465-5423
BVSSpecialServices@health.state.ak.us

AK Marijuana Registry Online

Information provided by the state on sources for medical marijuana:
None found

Fee:
$25 new application/$20 renewal

Accepts other states' registry ID cards?
Unknown *[Editor's Note: Four phone calls made Jan. 5-8, 2010 and an email sent on Jan. 6, 2010 by ProCon.org to the Alaska Marijuana Registry have not yet been returned and the information is not available on the state's website (as of Jan. 11, 2010).]

Registration:
Mandatory

2. California Ballot Proposition 215 -- Approved Nov. 5, 1996 by 56% of voters
Effective: Nov. 6, 1996
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act.

Approved Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.

Amended: Senate Bill 420 (70 KB)
Effective: Jan. 1, 2004

Imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess.

Possession/Cultivation: Qualified patients and their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.

S.B. 420 also grants implied legal protection to the state's medicinal marijuana dispensaries, stating, "Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients ... who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions."

**[Editor's Note: On Jan. 21, 2010, the California Supreme Court affirmed the May 22, 2008 Second District Court of Appeals ruling that the possession limits set by SB 420 violate the California constitution because the voter-approved Prop. 215 can only be amended by the voters. As of Dec. 22, 2009, the California Medical Marijuana Program was still operating under the guidelines in SB 420 because it had not received instruction otherwise, according to program representative Paula Sahleen-Buckingham in a phone interview with ProCon.org. We have not yet confirmed how the Jan. 21, 2010 ruling will affect the implementation of the medical marijuana program in California.]

Attorney General's Guidelines:
On Aug. 25, 2008, California Attorney General Jerry Brown issued guidelines for law enforcement and medical marijuana patients to clarify the state's laws. Read more about the guidelines here.
California Department of Public Health
Office of County Health Services
Attention: Medical Marijuana Program Unit
MS 5203
P.O. Box 997377
Sacramento, CA 95899-7377
Phone: 916-552-8600
Fax: 916-440-5591

mmpinfo@dhs.ca.gov

CA Medical Marijuana Program
Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use (55 KB)

Information provided by the state on sources for medical marijuana:
"Dispensaries, growing collectives, etc., are licensed through local city or county business ordinances and the regulatory authority lies with the State Attorney General's Office. Their number is 1-800-952-5225." (accessed Jan. 11, 2010)

Fee:
$66 non Medi-Cal / $33 Medi-Cal, plus additional county fees (varies by location)

Accepts other states' registry ID cards?
No

Registration:
Voluntary

3. Colorado Ballot Amendment 20 -- Approved Nov. 7, 2000 by 54% of voters
Effective: June 1, 2001
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician affirming that he or she suffers from a debilitating condition and advising that they "might benefit from the medical use of marijuana." (Patients must possess this documentation prior to an arrest.)

Approved Conditions: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis. Other conditions are subject to approval by the Colorado Board of Health.

Possession/Cultivation: A patient or a primary caregiver who has been issued a Medical Marijuana Registry identification card may possess no more than two ounces of a usable form of marijuana and not more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.

Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.

Not Amended
Medical Marijuana Registry
Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone: 303-692-2184
medical.marijuana@state.co.us

CO Medical Marijuana Registry

Information provided by the state on sources for medical marijuana:
"The Colorado Medical Marijuana amendment, statutes and regulations are silent on the issue of dispensaries. While the Registry is aware that a number of such businesses have been established across the state, we do not have a formal relationship with them." (accessed Jan. 11, 2010)

Fee:
$90

Accepts other states' registry ID cards?
No

Registration:
Voluntary

4. Hawaii Senate Bill 862 -- Signed into law by Gov. Ben Cayetano on June 14, 2000
Approved: By House, 32-18; by Senate 13-12
Effective: Dec. 28, 2000
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks." The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.

Approved conditions: Cancer, glaucoma, positive status for HIV/AIDS; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease. Other conditions are subject to approval by the Hawaii Department of Health.

Possession/Cultivation: The amount of marijuana that may be possessed jointly between the qualifying patient and the primary caregiver is an "adequate supply," which shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.

Not Amended
Narcotics Enforcement Division
3375 Koapaka Street, Suite D-100
Honolulu, HI 96819
Phone: 808-837-8470
Fax: 808-837-8474
HI Medical Marijuana Application info

Information provided by the state on sources for medical marijuana:
"Hawaii law does not authorize any person or entity to sell or dispense marijuana... Hawaii law authorizes the medical use of marijuana, it does not authorize the distribution of marijuana (Dispensaries) other than the transfer from a qualifying patient's primary caregiver to the qualifying patient." (accessed Jan. 11, 2010)

Fee:
$25

Accepts other states' registry ID cards?
No

Registration:
Mandatory

5. Maine Ballot Question 2 -- Approved Nov. 2, 1999 by 61% of voters
Effective: Dec. 22, 1999
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess an oral or written "professional opinion" from their physician that he or she "might benefit from the medical use of marijuana." The law does not establish a state-run patient registry.

Approved diagnosis: epilepsy and other disorders characterized by seizures; glaucoma; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea or vomiting as a result of AIDS or cancer chemotherapy.

Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one and one-quarter (1.25) ounces of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. Those patients who possess greater amounts of marijuana than allowed by law are afforded a "simple defense" to a charge of marijuana possession.

Amended: Senate Bill 611
Effective: Signed into law on Apr. 2, 2002

Increases the amount of useable marijuana a person may possess from one and one-quarter (1.25) ounces to two and one-half (2.5) ounces.

Amended: Question 5 (135 KB) -- Approved Nov. 3, 2009 by 59% of voters

List of approved conditions changed to include cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.

Instructs the Department of Health and Human Services to establish a registry identification program for patients and caregivers. Stipulates provisions for the operation of nonprofit dispensaries.
Question 5, approved by voters (59%) on Nov. 3, 2009, requires the state's Department of Health and Human Services to establish a registration program within 120 days.
Information provided by the state on sources for medical marijuana:
State licensing program in task force phase (as of Jan. 11, 2009)

Fee:
***No state registration program has been established

Accepts other states' registry ID cards?
Yes, but only for the conditions approved in Maine

Registration:
Program not yet established

6. Michigan Proposal 1 (60 KB) "Michigan Medical Marihuana Act" -- Approved by 63% of voters on Nov. 4, 2008
Approved: Nov. 4, 2008
Effective: Dec. 4, 2008
Approved Conditions: Approved for treatment of debilitating medical conditions, defined as cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, and multiple sclerosis.

Possession/Cultivation: Patients may possess up to two and one-half (2.5) ounces of usable marijuana and twelve marijuana plants kept in an enclosed, locked facility. The twelve plants may be kept by the patient only if he or she has not specified a primary caregiver to cultivate the marijuana for him or her.

Michigan Medical Marihuana Program (MMMP)
Bureau of Health Professions, Department of Community Health
611 W. Ottawa St.
Lansing, MI 48933
Phone: 517-373-0395

bhpinfo@michigan.gov

MI Medical Marihuana Program
Information provided by the state on sources for medical marijuana:
"The MMMP is not a resource for the growing process and does not have information to give to patients." (accessed Jan. 11, 2010)

Fee:
$100 new or renewal application / $25 Medicaid patients

Accepts other states' registry ID cards?
Yes

Registration:
Mandatory

7. Montana Initiative 148 (76 KB) -- Approved by 62% of voters on Nov. 2, 2004
Effective: Nov. 2, 2004
Approved Conditions: Cancer, glaucoma, or positive status for HIV/AIDS, or the treatment of these conditions; a chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including seizures caused by epilepsy, or severe or persistent muscle spasms, including spasms caused by multiple sclerosis or Chrohn's disease; or any other medical condition or treatment for a medical condition adopted by the department by rule.

Possession/Cultivation: A qualifying patient and a qualifying patient's caregiver may each possess six marijuana plants and one ounce of usable marijuana. "Usable marijuana" means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.

Not Amended
Medical Marijuana Program
Montana Department of Health and Human Services
Licensure Bureau
2401 Colonial Drive, 2nd Floor
P.O. Box 202953
Helena, MT 59620-2953
Phone: 406-444-2676
medical.marijuana@state.co.us

MT Medical Marijuana Program

Information provided by the state on sources for medical marijuana:
"The Medical Marijuana Act... allows a patient or caregiver to grow up to six plants or possess up to one ounce of usable marijuana. The department cannot give advice or referrals on how to obtain a supply of marijuana... State law is silent on where grow sites can be located." (accessed Jan. 11, 2010)

Fee:
$25 new application/$10 renewal
(reduced from $50 as of Oct. 1, 2009)

Accepts other states' registry ID cards?
Yes

Registration:
Mandatory

8. Nevada Ballot Question 9 -- Approved Nov. 7, 2000 by 65% of voters
Effective: Oct. 1, 2001
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have "written documentation" from their physician that marijuana may alleviate his or her condition.

Approved Conditions: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain. Other conditions are subject to approval by the health division of the state Department of Human Resources.

Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, three mature plants, and four immature plants.

Registry: The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges. Legislators added a preamble to the legislation stating, "[T]he state of Nevada as a sovereign state has the duty to carry out the will of the people of this state and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana." A separate provision requires the Nevada School of Medicine to "aggressively" seek federal permission to establish a state-run medical marijuana distribution program.

Amended: Assembly Bill 453 (25 KB)
Effective: Oct. 1, 2001

Created a state registry for patients prescribed the drug by a licensed physician and the Department of Motor Vehicles would issue identification cards. No state money will be used for the program, which will be funded entirely by donations.
Nevada State Health Division
1000 E William Street
Suite 209
Carson City, Nevada 89701
Phone: 775-687-7594
Fax: 775-687-7595

NV Medical Marijuana Program (NMMP)

Information provided by the state on sources for medical marijuana:
"The NMMP is not a resource for the growing process and does not have information to give to patients."

Fee:
$150, plus $15-42 in additional related costs

Accepts other states' registry ID cards?
No

Registration:
Mandatory

10. New Jersey Senate Bill 119 (175 KB)
Approved: Jan. 11, 2010 by House, 48-14; by Senate, 25-13
Signed into law by Gov. Jon Corzine on Jan. 18, 2010
Effective: Six months from enactment
Protects "patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are authorized to produce marijuana for medical purposes" from "arrest, prosecution, property forfeiture, and criminal and other penalties."

Also provides for the creation of alternative treatment centers, "at least two each in the northern, central, and souther regions of the state. The first two centers issued a permit in each region shall be nonprofit entities, and centers subsequently issued permits may be nonprofit or for-profit entities."

Approved Conditions: Seizure disorder, including epilepsy, intractable skeletal muscular spasticity, glaucoma; severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome resulting from HIV/AIDS or cancer; amyotrophic lateral sclerosis (Lou Gehrig's Disease), multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease; terminal illness, if the physician has determined a prognosis of less than 12 months of life or any other medical condition or its treatment that is approved by the Department of Health and Senior Services.

Possession/Cultivation: Physicians determine how much marijuana a patient needs and give written instructions to be presented to an alternative treatment center. The maximum amount for a 30-day period is two ounces.
S119 becomes effective six months after the law was enacted on Jan. 18, 2010. The program will be run by the Department of Health and Senior Services.
Information provided by the state on sources for medical marijuana:
The state will accept applications for alternative treatment centers, and approve a minimum of six.

Fee:
****Fee will be determined when the registration program is established

Accepts other states' registry ID cards?
Unknown

Registration:
Program not yet established

9. New Mexico Senate Bill 523 (71 KB) "The Lynn and Erin Compassionate Use Act"
Approved: Mar. 13, 2007 by House, 36-31; by Senate, 32-3
Effective: July 1, 2007
Removes state-level criminal penalties on the use and possession of marijuana by patients "in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments." The New Mexico Department of Health designated to administer the program and register patients, caregivers, and providers.

Approved Conditions: The 15 current qualifying conditions for medical cannabis are: severe chronic pain, painful peripheral neuropathy, intractable nausea/vomiting, severe anorexia/cachexia, hepatitis C infection, Crohn's disease, Post-Traumatic Stress Disorder, ALS (Lou Gehrig's disease), cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS, and hospice patients.

Possession/Cultivation: Patients have the right to possess up to six ounces of usable cannabis, four mature plants and 12 seedlings. Usable cannabis is defined as dried leaves and flowers; it does not include seeds, stalks or roots. A primary caregiver may provide services to a maximum of four qualified patients under the Medical Cannabis Program.
New Mexico Department of Health
1190 St. Francis Drive
P.O. Box 26110
Santa Fe, NM 87502-6110
Phone: 505-827-2321
medical.cannabis@state.nm.us

NM Medical Cannabis Program

Information provided by the state on sources for medical marijuana:
"Patients can apply for a license to produce their own medical cannabis... Once a patient is approved we provide them with information about how to contact the licensed producers to receive medical cannabis." (accessed Jan. 11, 2010)

Fee:
$0

Accepts other states' registry ID cards?
No

Registration:
Mandatory

11. Oregon Ballot Measure 67 -- Approved by 55% of voters on Nov. 3, 1998
Effective: Dec. 3, 1998
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana "may mitigate" his or her debilitating symptoms.

Approved Conditions: Cancer, glaucoma, positive status for HIV/AIDS, or treatment for these conditions; A medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures, including seizures caused by epilepsy, or persistent muscle spasms, including spasms caused by multiple sclerosis. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources.

Possession/Cultivation: A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana. A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings. (per Oregon Revised Statutes ORS 475.300 -- ORS 475.346) (52 KB)

Amended: Senate Bill 1085 (52 KB)
Effective: Jan. 1, 2006

State-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defense" of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an "affirmative defense" at trial.

The law also redefines "mature plants" to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.

Amended: House Bill 3052
Effective: July 21, 1999

Mandates that patients (or their caregivers) may only cultivate marijuana in one location, and requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an "affirmative defense." This bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive. Last year the Oregon Board of Health approved agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection.

In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients. The new rule defines attending physician as "a physician who has established a physician/patient relationship with the patient;... is primarily responsible for the care and treatment of the patients;... has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file."
Oregon Department of Human Services
Medical Marijuana Program
PO Box 14450
Portland, OR 97293-0450
Phone: 971-673-1234
Fax: 971-673-1278
OR Medical Marijuana Program (OMMP)

Information provided by the state on sources for medical marijuana:
"The OMMP is not a resource for the growing process and does not have information to give to patients." (accessed Jan. 11, 2010)

Fee:
$100 for new applications and renewals, $20 for applicants enrolled in the Oregon Health Plan or who receive federal Supplementary Social Security Income or monthly food stamp benefits

Accepts other states' registry ID cards?
No

Registration:
Mandatory

12. Rhode Island Senate Bill 0710 -- Approved by state House and Senate, vetoed by the Governor. Veto was over-ridden by House and Senate.

Timeline:
June 24, 2005: passed the House 52 to 10
June 28, 2005: passed the State Senate 33 to 1
June 29, 2005: Gov. Carcieri vetoed the bill
June 30, 2005: Senate overrode the veto 28-6
Jan. 3, 2006: House overrode the veto 59-13 to pass the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (48 KB) (Public Laws 05-442 and 05-443)
June 21, 2007: Amended by Senate Bill 791 (SB 791) (30 KB)
Effective: Jan. 3, 2006
Approved Conditions: Cancer, glaucoma, positive status for HIV/AIDS, Hepatitis C, or the treatment of these conditions; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or Crohn’s disease; or agitation of Alzheimer's Disease; or any other medical condition or its treatment approved by the state Department of Health.

If you have a medical marijuana registry identification card from any other state, U.S. territory, or the District of Columbia you may use it in Rhode Island. It has the same force and effect as a card issued by the Rhode Island Department of Health.

Possession/Cultivation: Limits the amount of marijuana that can be possessed and grown to up to 12 marijuana plants or 2.5 ounces of cultivated marijuana. Primary caregivers may not possess an amount of marijuana in excess of 24 marijuana plants and five ounces of usable marijuana for qualifying patients to whom he or she is connected through the Department's registration process.

Amended: H5359 (70 KB) - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (substituted for the original bill)

Timeline:

May 20, 2009: passed the House 63-5
June 6, 2009: passed the State Senate 31-2
June 12, 2009: Gov. Carcieri vetoed the bill (60 KB)
June 16, 2009: Senate overrode the veto 35-3
June 16, 2009: House overrode the veto 67-0

Effective: June 16, 2009

Allows the creation of compassion centers, which may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana, or related supplies and educational materials, to registered qualifying patients and their registered primary caregivers.

Rhode Island Department of Health
Office of Health Professions Regulation, Room 104
3 Capitol Hill
Providence, RI 02908-5097
Phone: 401-222-2828

RI Medical Marijuana Program (MMP)

Information provided by the state on sources for medical marijuana:
"The MMP is not a resource for marijuana and does not have information to give to patients related to the supply of marijuana." (accessed Jan. 11, 2010)

Fee:
$75/$10 for applicants on Medicaid or Supplemental Security Income (SSI)

Accepts other states' registry ID cards?
Yes, but only for the conditions approved in Rhode Island

Registration:
Mandatory

13. Vermont Senate Bill 76 (45 KB) -- Approved 22-7; House Bill 645 (41 KB) -- Approved 82-59
"Act Relating to Marijuana Use by Persons with Severe Illness" (Sec. 1. 18 V.S.A. chapter 86 (41 KB) passed by the General Assembly) Gov. James Douglas (R), allowed the act to pass into law unsigned on May 26, 2004
Effective: July 1, 2004
Amended: Senate Bill 00007 (65 KB)
Effective: May 30, 2007

Approved Conditions: Cancer, AIDS, positive status for HIV, multiple sclerosis, or the treatment of these conditions if the disease or the treatment results in severe, persistent, and intractable symptoms; or a disease, medical condition, or its treatment that is chronic, debilitating and produces severe, persistent, and one or more of the following intractable symptoms: cachexia or wasting syndrome, severe pain or nausea or seizures.

Possession/Cultivation: No more than two mature marijuana plants, seven immature plants, and two ounces of usable marijuana may be collectively possessed between the registered patient and the patient’s registered caregiver. A marijuana plant shall be considered mature when male or female flower buds are readily observed on the plant by unaided visual examination. Until this sexual differentiation has taken place, a marijuana plant will be considered immature.
Marijuana Registry
Department of Public Safety
103 South Main Street
Waterbury, Vermont 05671
Phone: 802-241-5115

VT Marijuana Registry Program

Information provided by the state on sources for medical marijuana:
"The Marijuana Registry is neither a source for marijuana nor can the Registry provide information to patients on how to obtain marijuana." (accessed Jan. 11, 2010)

Fee:
$50

Accepts other states' registry ID cards?
No

Registration:
Mandatory

14. Washington Chapter 69.51A RCW (4KB) Ballot Initiative I-692 -- Approved by 59% of voters on Nov. 3, 1998
Effective: Nov. 3, 1998
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess "valid documentation" from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of the medical use of marijuana would likely outweigh the health risks."

Approved Conditions: Cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; intractable pain (defined as pain unrelieved by standard treatment or medications); and multiple sclerosis. Other conditions are subject to approval by the Washington Board of Health.

Possession/Cultivation: Patients (or their primary caregivers) may legally possess or cultivate no more than a 60-day supply of marijuana. The law does not establish a state-run patient registry.

Amended: Senate Bill 6032 (29 KB)
Effective: 2007 (rules being defined by Legislature with a July 1, 2008 due date)

Amended: Final Rule (123 KB) based on Significant Analysis (370 KB)
Effective: Nov. 2, 2008

Approved Conditions: Added Crohn's disease, Hepatitis C with debilitating nausea or intractable pain, diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when those conditions are unrelieved by standard treatments or medications.

Possession/Cultivation: A qualifying patient and designated provider may possess a total of no more than twenty-four ounces of usable marijuana, and no more than fifteen plants. This quantity became the state's official "60-day supply" on Nov. 2, 2008.

[Editor's Note: On Jan. 21, 2010, the Supreme Court of the State of Washington ruled that Ballot Initiative "I-692 did not legalize marijuana, but rather provided an authorized user with an affirmative defense if the user shows compliance with the requirements for medical marijuana possession." State v. Fry (125 KB)

ProCon.org contacted the Washington Department of Health to ask whether it had received any instructions in light of this ruling. Kristi Weeks, Director of Policy and Legislation, stated the following in a Jan. 25, 2010 email response to ProCon.org:

"The Department of Health has a limited role related to medical marijuana in the state of Washington. Specifically, we were directed by the Legislature to determine the amount of a 60 day supply and conduct a study of issues related to access to medical marijuana. Both of these tasks have been completed. We have maintained the medical marijuana webpage for the convenience of the public.

The department has not received 'any instructions' in light of State v. Fry. That case does not change the law or affect the 60 day supply. Chapter 69.51A RCW, as confirmed in Fry, provides an affirmative defense to prosecution for possession of marijuana for qualifying patients and caregivers."]
Department of Health
PO Box 47866
Olympia, WA 98504-7866
Phone: 360-236-4700
Fax: 360-236-4768
MedicalMarijuana@doh.wa.gov

WA Medical Marijuana website

Information provided by the state on sources for medical marijuana:
"The law allows a qualifying patient or designated provider to grow medical marijuana. It is not legal to buy or sell it. The law does not allow dispensaries." (accessed Jan. 11, 2010)

Fee:
*****No state registration program has been established

Accepts other states' registry ID cards?
No

Registration:
None

[Editor's Note: Karen O'Keefe, JD provided the following information in a Jan. 11, 2010 email to ProCon.org about registering as a medical marijuana patient in states that have identification card programs:
"Affirmative defenses, which protect from conviction but not arrest, are or may be available in several states even if the patient doesn't have an ID card: Rhode Island, Montana, Michigan, Colorado, Maine, Nevada, and Oregon. Hawaii also has a separate 'choice of evils' defense. In California, ID cards are voluntary, but they offer the strongest legal protection.

The states with no protection unless you're registered are: Alaska (except for that even non-medical use is protected in one's home due to the state constitutional right to privacy); Vermont, New Mexico, and New Jersey."]

For more information about upcoming medical marijuana laws, visit our page on the 12 States with Pending Legislation or Ballot Measures to Legalize Medical Marijuana.

II. Other State Medical Marijuana Laws

State Program Details Contact Info
1. Arizona Ballot Proposition 200 -- Approved by 65% of voters on Nov. 5, 1996
Effective: Dec. 6, 1996 [Not Active]
Measure changed sentencing for drug offenders, requiring those who commit violent crimes to serve full sentences without parole, and diverting non-violent drug offenders into treatment. Prop 200 also permitted doctors to prescribe schedule I controlled substances, including marijuana, to treat a disease or to relieve pain and suffering in seriously ill and terminally ill patients. Under federal law, however, marijuana is considered an illegal drug and physicians are prohibited from writing prescriptions for illegal drugs. The use of the word "prescribe" instead of "recommend" is the reason that Prop 200 is not considered to make medical marijuana legal in Arizona.

Not Amended: House Bill 2518, which was signed by the governor on Apr. 21, 1997, sought to repeal Proposition 200’s medical marijuana provision by requiring the Food and Drug Administration (FDA) to first approve marijuana before allowing state physicians to prescribe it. The bill was placed on the Nov. 3, 1998 ballot as a referendum, where voters rejected it by a vote of 57% to 43%.
No state program, no contact info
2. Maryland Senate Bill 502 (72 KB), The "Darrell Putman" Bill -- Resolution #0756-2003 -- Approved in the state senate by a vote of 29-17. Signed into law by Gov. Robert L. Ehrlich, Jr. on May 22, 2003
Effective: Oct. 1, 2003
The law allows defendants being prosecuted for the use or possession of marijuana to introduce evidence of medical necessity and physician approval, to be considered by the court as a mitigating factor. If the court finds that the case involves medical necessity, the maximum penalty that the court may impose is a fine not exceeding $100. The law, however, does not protect users of medical marijuana from arrest or establish a registry program.

Not Amended
No state program, no contact info

Last updated on: 1/26/2010 3:09 PM PST

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California Tax and Regulate Marijuana Initiative from Drug war Chronicle

Legalization: California Tax and Regulate Marijuana Initiative Hands in Signatures
Drug War Chronicle, Issue #618, 1/29/10

The Oakland-based activists behind the Tax and Regulate Cannabis 2010 California marijuana legalization initiative Thursday handed in more than 700,000 signatures Thursday at county courthouses across the state. That number is well in excess of the 434,000 valid signatures needed to place the measure on the November ballot.

Richard Lee (courtesy cannabisculture.com)Advanced by medical marijuana entrepreneur and Oaksterdam University founder Richard Lee, the initiative would allow adults over 21 to possess up to one ounce of marijuana and have a grow space of up to 25 square feet without fear of criminal penalty. By local option, counties or municipalities could choose to tax and regulate commercial marijuana production and sales.

The initiative is one of at least three legalization initiatives being circulated in California this year, but it is the best financed and the only one to turn in signatures yet. A legalization bill passed an Assembly committee vote earlier this month before dying for the session. An April Field poll found support for legalization in California at 56%.

In an afternoon conference call Thursday, Lee and initiative campaign chief consultant Doug Linney said they hoped to raise around $10 million for the coming months. "We're working with Blue State Digital, Obama's internet team," said Lee. "If we get a little bit from a lot of people, we can raise that amount."

"We hope to raise $10 to $15 million to get our message to the voters," said Linney. "Between the cannabis industry -- it is California's number one cash crop -- and the national appeal of a movement like this, we're confident we can generate that money."

Nearly 80,000 Californians were arrested on marijuana charges in 2008, nearly 80% of them for misdemeanor possession.

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