HB434 The Michael Phillips Compassionate Care Act

UPDATE: I just got the following note from Rep. Patricia Todd.

We have another delay with the bill. It seems that the Leg Ref Ser gave me a version of the bill that is NOT the same as the version passed by Judicary in 07. I will have to get LRS to draft a substitute bill that is the same so the committee will be able to pass it.

This means another week delay.....


Representative Patricia Todd
1320 58th Street South
Birmingham, AL 35222
205.599.2856 Home
205.567.9419 Cell
reptodd@gmail.com
www.patriciatodd.com

DO NOT SHOW UP IN MONTGOMERY TOMORROW!

Just a reminder that HB434 The Michael Phillips Compassionate Care Act will be heard in judiciary committee tomorrow, April 8 at 9 a.m.

If you plan to attend we will be meeting up on the steps of the State House at 8:15 a.m. The State House is located at 11 South Union St. in Montgomery and the judiciary committee meets in room 123. If there is any way possible that you can be there we would love to have you.

If you can't be there please take a moment today to call the following members of the judiciary committee and ask them to vote yes on HB434 tomorrow. Currently, these members plan to vote NO and they really need to hear from a huge number of people today about this bill. 76% of Alabamians support medical marijuana and their NO vote indicates a complete disregard for the will of the people. Please take a moment and give them a call.

Spencer Collier - (334) 242-7719 spencer.collier@alhouse.org

Paul DeMarco -(334) 242-7740 paul.demarco@alhouse.org (REALLY BURN HIS PHONE UP)

Jamie Ison -(334) 242-7711 jamie.ison@alhouse.org

Yusuf Salaam - 334-242-7746

Steve McMillan - 334-242-7723 steve.mcmillan@alhouse.org

Howard Sanderford - 334-242-4368 howard.sanderford@alhouse.org

I hope to see you at the State House tomorrow. Please let me know if you will be attending by emailing me at lorettanall@gmail.com or by replying to this post.

HB434 on Judiciary Calendar April 1

Folks,

HB434 The Michael Phillips Compassionate Care Act bill is finally scheduled for next Wednesday, April 1, 2009 at 9 am in room 123 at the Alabama State House located at 11 South Union Street in Montgomery.

I WANT YOU TO HELP ME PACK THAT ROOM OUT!

We will not be giving any testimony on that day. We do expect this bill to pass on a voice vote. If you plan to come then here are the rules.

1. Dress like you are going to church. No t-shirts and jeans please. No pot leaf insignias ANYWHERE. No tye dyes. No Bob Marley. You get the idea. Suits and ties for the men or upscale dress casual (polo's khakis). For the ladies wear a dress, skirt or business suit. Sweaters and dress casual pants are fine too.
2. Be polite
3. Don't say a word during the meeting
4. Be prepared to talk to reporters after the meeting is over. We will talk about what to say at tomorrows meeting in Birmingham.

Our last meeting before this bill comes up in Committee will take place from 1-3 pm at 2330 Highland Ave. South (on Southside beside Caldwell Park) TOMORROW (Saturday March 28, 2009). BE THERE!

ACC Member Loses Mom to Cancer

Friends,

Our friend Brandon Thomas, who has been attending regular meetings and attended the Action Day at the state house a few weeks ago, lost his mother to esophageal cancer Tuesday morning.

Just a few days ago Brandon wrote this letter to Alabama newspapers about his mom and HB434.

Dear Editor,

I am writing about HB434, which if passed, would provide protection to physicians who recommend and patients who use medical marijuana. My mother was recently diagnosed with esophageal cancer. She went through months of radiation and chemo, only to come home to 16 pills a day, everything from Lortab to morphine and Marinol. Even with Medicare her medication costs over $1000. Medicare doesn't cover the cost of Marinol, the synthetic form of marijuana, which is about $700 a month for 30 pills. However, due to current law, she fears being locked up with other hardened criminals for using a natural plant when she is already fighting for her very life.

HB434 will also protect families from risking their life going out into the black market to find medicine for their loved ones. I was robbed recently trying to acquire a $20 bag so my mother could stop puking long enough to eat a little. I'll do anything for my mother, but I'd rather be able to help her through recovery instead of spending that time behind bars.

Please contact the House Judiciary Committee and ask them to support HB434 when it comes before them for a vote. Rep. Paul DeMarco, sits on this committee and opposes this bill. He thinks my mother drowning in her own vomit while locked in a government cage is more honorable than changing a law that would allow her to use a natural plant.

Respectfully Submitted for Publication
Brandon Thomas
---

Brandon is a very young man, (20 or 21 I think) and has a 14-year-old sister at home. Please let him know that you are thinking about him by giving him a call at 205-913-6760 or email him at brandonthomas205@hotmail.com
I know that when my mom dies it is likely I will require a straight jacket and a rubber room.
I plan to send flowers to the funeral home. If any of you would also like to send flowers please send them to

Peoples Chapel Funeral Home

195 Brooklane Dr
Hueytown, AL 35023

These will be sent for Lisa Armstrong

I don't know about the financial situation of Brandon's family. I do know that money is always handy so if any of you would rather send money than flowers please send that to:

Brandon Thomas
1714 25th Ave. N
Hueytown AL 35023
--

Make Medical Marijuana Legal

I was published again today in the Tuscaloosa News

Make Medical Marijuana Legal

Thanks T-Town News!

Patients Need Marijuana Bill

I had a great letter printed in the Montgomery Advertiser opinion section today about HB434.


Patients need marijuana bill

Bravo to letter writer Don Seibold for speaking out as a supporter of HB434. We can only hope our elected officials will demonstrate the same courage and vote "yes" when this bill comes before them.

In years past when this bill has come before the Judiciary Committee, one of the arguments against it has been that if we protect Alabama patients and physicians by passing this law the feds will swoop down on Alabama. However, on Feb. 25 during a press conference, U.S. Attorney General Eric Holder said that the Justice Department will no longer conduct medical marijuana raids in states that have passed medical marijuana laws. So, that is one less excuse the judiciary committee will have this year.
(2 of 2)

Here's two more tired, senseless excuses that we need to retire:

# Excuse: They can use Marinol, which is synthetic THC, the active ingredient in marijuana.

Truth: Most people can't use Marinol because it's expensive and not covered by insurance.

# Excuse: Marijuana is a gateway drug.

Truth: There have been no reports from states that have passed medical marijuana laws of terminally ill patients moving on to heroin and home invasions because they used medical marijuana. Please, let's be reasonable. These are very ill patients we are talking about here.

HB434 protect patients who need marijuana for medical reasons. We cannot justify imprisoning people with chronic pain and terminal illness for trying to get relief from a natural plant.

Loretta Nall
Alexander City

Bill proposed to legalize medical marijuana

I just came across this article from a week ago in the Anniston Star. I have written Mr. Faulk asking for a follow up to this article with a few interviews of the patients I work with and asking for the lady from the Nurses Association to back up what she said about 'problems from using it on down the road" and Rep. Steve McMillan's claim that 'Alabama isn't ready to legalize marijuana.' A poll done in 2004 showed that 76% of Alabamians support medical marijuana.

There is an Anniston Star legalization poll here . It is on the lower right side of the page.

Anniston Star
Bill proposed to legalize medical marijuana
By Mike Faulk
Staff Writer
03-12-2009

Marijuana could be coming to a pharmacy near you, but that prospect will have to travel a long, bumpy road through the Legislature.

A bill introduced by state Rep. Patricia Todd, D-Birmingham, would make it legal in the state for doctors to prescribe marijuana for medicinal purposes. The bill is waiting to come up before the House Judiciary Committee.

"It's an important bill that many states are considering as another option for people with a terminal illness or in great pain," said Todd, who is also the associate director of AIDS Alabama.

Similar legislation has been introduced in the past, but state legislators said the proposal has never made it very far into the process. Medical marijuana is legal in 10 states, most being in the Western part of the country, according to the National Organization for the Reform of Marijuana Laws.

The active chemical in marijuana, THC, is widely agreed upon as useful for alleviating nausea and increasing the appetite in cancer patients and those suffering from severe illness. However, whether ingesting THC by smoking marijuana is an acceptable form of treatment has long been under fire.

"Marijuana has stuff in it that causes health problems down the line," said Charlene Roberson, leadership services director for the Alabama State Nurses Association.

Roberson's organization endorses Marinol, a pill made from synthetic THC introduced in 1985. It's legal in the state and serves the same medicinal purpose.

If the bill passes, patients would be prescribed up to two and a half ounces and have to get a registration card proving they obtained the drug for medicinal purposes. The legislation also places heavy restrictions on public use of the drug, as well as being under its influence at school, in the workplace or while operating machinery or vehicles.

"It's just another tool for physicians to use," Todd said. "This is not legalizing marijuana."

Judiciary Committee chairman Marcel Black, D-Tuscumbia, said the bill would likely be debated and voted on some time after the Legislature returns from a week-long hiatus beginning next week.

Black said a similar bill cleared the committee several years ago, but the makeup of the committee has changed since then.

"We'll give it a hearing," he said. "Surely there'll be plenty of questions."

Rep. Steve McMillan, R-Gulf Shores, a member of the committee, said he voted in favor of legalizing medicinal marijuana the last time it came before the committee, but now has doubts about its medical benefits. He said another concern is placing restrictions on those who grow it.

McMillan said it's unlikely the bill would become law even if it passes committee this year.

"I just don't think the people in this state are ready for legalizing marijuana," he said.

Medical Marijuana Letters Published Sunday

Birmingham News

Bill protects medical users

I write today concerning House Bill 434, which would provide protection for physicians who recommend and patients who use medical marijuana in Alabama.

I am a patient who suffers from constant chronic pain resulting from a near-fatal motor vehicle accident nearly 22 years ago. In 2005, I became unable to work and began taking morphine, which was prescribed by a pain-management doctor. This medicine was horribly addictive and completely destroyed my quality of life.

Medical marijuana is a natural alternative to narcotic pain medicine. It is a plant that has many medicinal purposes and very few side effects, none of which is as bad as the stuff constantly advertised on TV.

In 13 other states, medical marijuana is a legal option for people who are suffering from chronic pain and terminal illnesses. In Alabama, however, those of us who choose to use medical marijuana are considered criminals and face dangerous circumstances to acquire it and prison if we are arrested for using it.

I am not a criminal. I am a patient. Does Alabama really want to continue the practice of arresting and prosecuting people with terminal illness and chronic pain? Only barbarians would engage in such a practice.

Please contact your representative in Montgomery and ask him to support HB 434, the Michael Phillips Compassionate Care Act, when it comes before the House of Representatives for a vote.

Christie O'Brien
Hoover

Improves quality of life

I was Ms. Wheelchair Alabama 1996, and I carried the Olympic torch through Birmingham. I am a wife, mother, grandmother and medical marijuana user. I have suffered from multiple sclerosis since 1982.

Medical marijuana reduces muscle spasms so I can get good, restful sleep instead of being awakened often throughout the night. I can wake up aware of the world and not with a doped-up feeling that legal medications give me. Medical marijuana gives me a quality of life so I can enjoy my grandchildren while they are little.

Acquiring marijuana puts my family at risk. If one of my family members were arrested and jailed for buying my medicine, my whole family would be devastated. What if they were killed trying to get medicine for me? Who would care for me then? My doctors know I use it but cannot recommend it for fear of losing their medical licenses.

A bill in the Alabama House of Representatives would provide protection under the law for physicians who recommend medical marijuana and protect the patients from arrest and prosecution.

Please call the members of the committee and ask them to support the bill when it comes before them for a vote.

Margaret Ann Newman
Homewood

Compassionate Care Meeting Saturday, Action Day Tuesday

Hi Everyone,

We are having our Compassionate Care Meeting this Saturday Feb 28 from 1-4 pm at the Prince Hall Masonic Lodge located at 4th Ave. N and 17th St. in Downtown Birmingham (Second floor...use the elevator). This meeting is CRITICAL because on the following Tuesday March 3 we are all going down to the state house for Action Day in the legislature. I need y'all to find as many people as humanly possible to be at this meeting and to attend on Tuesday.

At Saturday's meeting we will set the agenda for Tuesday. We will divide off into groups, each group will have a leader and a schedule of meetings with six members of the judiciary committee and meetings with each person's elected representative. We will provide breakfast and lunch for the day in Montgomery and of course there will be munchies at Saturday's meeting. I also have the STOP ARRESTING PATIENTS shirts for the patients and maybe a few left over for others.

I need to know as soon as possible if you plan to be at the meeting on Saturday and the action day on tuesday and how many people you are bringing with you. I also need to know if anyone needs a ride on Tuesday. Laura, a family member of a cancer patient who recently passed will be coming from BHAM and has said some can ride with her as long as they don't smoke or wear perfume (bad allergies). Christie O'Brien may also have some room and the Libertarian crew might also have a few seats available in their caravan. We'll discuss all of the logistics at Saturday's meeting.

See you on Saturday. Pass this along to everyone you know. We want a HUGE turnout for Tuesday. Nothing puts the fear of God in a legislator than a large group of people taking the time to show up and discuss the issues they care about.

--
Loretta Nall
Executive Director
Alabamians for Compassionate Care
251-650-2271
lorettanall@gmail.com

Who is your Rep. & Head Count for March 3

Hi All,

Just wanted to give everyone an update on where we are with the Compassionate Care Act HB434. For the last couple of weeks I have been surveying the judiciary committee to get a vote count on this bill. About half of them have gotten back to me. There are still 6 that have not returned my phone calls or emails so it is time to switch strategy. Here are the six members that have not returned calls or emails regarding their stance on the Compassionate Care Act

Tammy Irons (Lauderdale County)
Jamie Ison (Mobile District 101)
Marc Keahey (Choctaw, Clarke & Washington Counties)
Charles Newton (Butler, Conecuh and Crenshaw counties)
John Robinson (Jackson County)
Howard Sanderford (Madison County)

If any of you live in these counties and this is your rep please let me know at once. If you are not sure if any of these people are your reps go here and look them up by zip code.
http://www.legislature.state.al.us/house/house.html

Also, if you are in Selma I need you to go and talk to Rep. Yusuf Salaam who is convinced that allowing cancer patients to use marijuana will ensure that they will move on to heroin and home invasions. If you live in Mobile and Steve McMillan is your rep then I need you to go and talk to him. He and Rep. Salaam are currently NO votes on the committee.

If none of the people represent you then think of who you know in their districts who would be supportive of the medical marijuana issue and willing to pay their elected official a visit. We have to have a comprehensive vote count before we drop this bill in committee. We currently have 5 yes votes and we only need three more to know we can get it out of committee.

On March 3 we are having our Action Day at the State House. I need to know ASAP who all plans to be there so we can work out the logistics and for food purposes. Please email me back today and let me know if you plan to attend the action day on March 3 and how many people you are bringing with you (as many as you can fit in your cars I hope). THIS IS VERY IMPORTANT!!!

Loretta Nall

HB 434 The Michael Phillips Compassionate Care Act

HOORAY!!! We have a bill number for the Michael Phillips Compassionate Care Act.

HB434 is sponsored by Rep. Patricia Todd (she's awesome!) and named in honor of the young man in the picture below. You can read Michael's story here



Right now our next step is to get this bill out of committee. Thank you all so much for all of the calls you have already made. The Judiciary committee hears us loud and clear and for right now we do not need to make any more calls to the committee. We expect this bill to be in committee either this coming Wednesday or the next Wednesday. That could change and of course as soon as I know exactly when I will let all of you know.

Please DO call your own member of the House in Montgomery and ask them to support HB434 when it comes to the house floor for a vote. This is especially important if your member of the house is also on the rules committee as I understand that is where it will go after it passes out of judiciary. It has to go through the rules committee before it can go before the entire house for a vote.

If you don't know who your elected official is in Montgomery go here (for the House) and look them up by zip code.
Go here for Senate

Drug Companies Favor Costly Pill

My friend, who is also an RN, named Sarah Wires had an excellent letter published in the Montgomery Advertiser today.

Drug Companies Favor Costly Pill

Go on over and leave some positive comments.

Why deny people chance for relief?

My great friend and fellow political activist, Don Seibold, had this most excellent letter published in today's Montgomery Advertiser.

Regarding Frank Winkler's letter headlined "Legalization clearly unhealthy": I've never partaken of marijuana in any form. I've suffered chronic pain for more than half my life.


If marijuana for treatment of pain were legalized and prescribed by my doctor, I'd try it to see if it relieves or diminishes my pain that nothing else has relieved. I don't think government should be able to say what a person can or cannot do in order to relieve pain.

Our Declaration of Independence says, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."

So what right does government have to deny anyone's right to treat pain in whatever way provides the most relief?

None.

I've contacted my state senator (Larry Dixon) and representative (Barry Mask) asking them where they stand regarding the proposed medical marijuana bill for Alabamians. I think I deserve to hear from both of them since I am one of their constituents who helps pay their salaries as legislators.

Don Seibold
Wetumpka

Thanks for this excellent letter Don. I cannot over-stress the importance of hearing from people who have never used marijuana in any form.

Response to Medical Marijuana Letter

Stan White of Colorado had a letter published today in the Tuscaloosa News in response to my recent letter on medical marijuana.

Marijuana was created by God


Published: Tuesday, December 2, 2008 at 3:30 a.m.
Last Modified: Monday, December 1, 2008 at 9:56 p.m.

Dear Editor: Regarding Loretta Nall's request ('Make medical marijuana legal,' letters, Nov. 21): Colorado legalized medical cannabis (kaneh bosm/marijuana) use and it has worked properly, protecting sick citizens from confrontation with government.

One reason to permit sick humans to use the relatively safe God-given plant cannabis that doesn't get mentioned is because it's Biblically correct since Christ God Our Father, the Ecologician indicates he created all the seed-bearing plants, saying they are all good, on literally the very first page.

Further, the only biblical restriction placed on cannabis is that it is to be accepted with thankfulness (see 1 Timothy 4:1-5). And 'But whoever has the world's goods, and sees his brother in need and closes his heart against him, how does the love of God abide in him?' (See 1 John 3:17). Jesus Christ risked jail to heal the sick.


Stan White

Dillon, Colo.

State Law TRUMPS Fed Law on Medical Marijuana

US Supreme Court Rules State Medical Marijuana Laws Not Preempted by Federal Law

-------------------------------------------------------------------
*PRESS RELEASE
Americans for Safe Access
For Immediate Release: *December 1, 2008

*U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal
Law */medical marijuana case appealed by the City of Garden Grove was denied
review today/

*Washington, DC* -- The U.S. Supreme Court refused to review a landmark
decision today in which California state courts found that its medical
marijuana law was not preempted by federal law. The state appellate court
decision from November 28, 2007, ruled that "it is not the job of the local
police to enforce the federal drug laws." The case, involving Felix Kha, a
medical marijuana patient from Garden Grove, was the result of a wrongful
seizure of medical marijuana by local police in June 2005.
Medical marijuana advocates hailed today's decision as a huge victory in
clarifying law enforcement's obligation to uphold state law. Advocates
assert that better adherence to state medical marijuana laws by local police
will result in fewer needless arrests and seizures. In turn, this will allow
for better implementation of medical marijuana laws not only in California,
but in all states that have adopted such laws.

"It's now settled that state law enforcement officers cannot arrest medical
marijuana patients or seize their medicine simply because they prefer the
contrary federal law," said Joe Elford, Chief Counsel with Americans for
Safe Access (ASA), the medical marijuana advocacy organization that
represented the defendant Felix Kha in a case that the City of Garden Grove
appealed to the U.S. Supreme Court. "Perhaps, in the future local government
will think twice about expending significant time and resources to defy a
law that is overwhelmingly supported by the people of our state."

California medical marijuana patient Felix Kha was pulled over by the Garden
Grove Police Department and cited for possession of marijuana, despite Kha
showing the officers proper documentation. The charge against Kha was
subsequently dismissed, with the Superior Court of Orange County issuing an
order to return Kha's wrongfully seized 8 grams of medical marijuana. The
police, backed by the City of Garden Grove, refused to return Kha's medicine
and the city appealed. Before the 41-page decision was issued a year ago by
California's Fourth District Court of Appeal, the California Attorney
General filed a "friend of the court" brief on behalf of Kha's right to
possess his medicine. The California Supreme Court then denied review in
March.

"The source of local law enforcement's resistance to upholding state law is
an outdated, harmful federal policy with regard to medical marijuana," said
ASA spokesperson Kris Hermes. "This should send a message to the federal
government that it's time to establish a compassionate policy more
consistent with the 13 states that have adopted medical marijuana laws."

Further information:
Today's U.S. Supreme Court Order denying review:
http://AmericansForSafeAccess.org/downloads/Kha_USSC.pdf
Decision by the California Fourth Appellate District Court:
http://AmericansForSafeAccess.org/downloads/GardenGroveDecision.pdf
Felix Kha's return of property case:
http://AmericansForSafeAccess.org/article.php?id=4412

Medical Marijuana IN BHAM News today

My most recent medical marijuana letter was published in the Birmingham News and the Montgomery Advertiser today.

Make Medical Marijuana Legal

The legislature comes back into session in Jan. and I have already begun my letter writing campaign to newspapers across the state. Here is one that the Tuscaloosa News published today.

Make medical marijuana legal


Published: Friday, November 21, 2008 at 3:30 a.m.
Last Modified: Thursday, November 20, 2008 at 8:52 p.m.

Dear Editor: Michigan voters this month approved a measure that will protect patients who use marijuana on the recommendation of a licensed physician. Michigan thus became the 13th state in the U.S. to remove penalties for the use of medical marijuana. Nearly 25 percent of all Americans live in a medical-marijuana state. Marijuana is a safe, effective and inexpensive therapeutic agent that eventually will be legal for patients throughout the country to use.

The Alabama Compassionate Care Act has been tied up in legislative committees for four years, despite polls that show 76 percent voter approval. This bill would allow patients to use marijuana when a licensed physician recommends it. Alabama patients would be issued state ID cards so law-enforcement personnel could easily see they are legal medical-marijuana users. The American College of Physicians, the American Nurses Association, the American Public Health Association, the Leukemia and Lymphoma Society and many other professional health-care organizations have endorsed medical marijuana.

Sadly, Alabama still arrests and prosecutes patients for using medical marijuana. How long will it take Alabama to give her sick and dying citizens the same rights that other Americans have? Are Alabama patients less deserving of relief than the citizens of the 13 states where medical marijuana is legal?

Please contact your representative in Montgomery and ask them to support the Compassionate Care Act in the 2009 legislative session.


Loretta Nall

Executive director,

Alabamians for Compassionate Care

Alexander City

REMINDER: Medical Marijuana Meeting Tonight!

Alabamians for Compassionate Care will be holding our monthly meeting on November 20 (TONIGHT!)from 6 to 8 pm at the Libertarian Party HQ building located at 2330 Highland Ave. South. This Highland Ave. is on Southside BHAM and not in Leeds or Irondale. I will have this meeting catered so come hungry. Please bring your friends/family members if they are interested.

Compassionate Care Meeting Nov. 20

Alabamians for Compassionate Care will be holding our monthly meeting on November 20 from 6 to 8 pm at the Libertarian Party HQ building located at 2330 Highland Ave. South. This Highland Ave. is on Southside BHAM and not in Leeds or Irondale. I will have this meeting catered so come hungry. Please bring your friends/family members if they are interested.