The sovereign individual’s right to Life is being held hostage by the federal “big boys,” as well as by state of Indiana. When abortion is a right (even though it disposes of another person’s life), why does the government at both the federal and state levels believe the power exists for “laws” prohibiting the Liberty to use any substance in order to sustain happiness?
There is no authority in either Constitution providing governmental authority to control life, liberty and happiness. Yet, here we are once again with a bill proposing to “care” about the medical use of a substance that the government has determined is “illegal.”
Senate Bill 284 states:
“Synopsis: Medical marijuana. Establishes a medical marijuana program and permits caregivers and patients who have received a physician’s recommendation to possess a certain quantity of marijuana for treatment. Creates the department of marijuana enforcement (DOME) to oversee the program, and creates the DOME advisory committee to review the effectiveness of the program and to consider recommendations from DOME. Authorizes DOME to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments.’
“WOW! This is great,” I have been told. “Don’t make any condemnations because it is a step forward.” Yet, if you actually read the citations and the language used in this bill there is nothing to rejoice. Having been a caregiver for a terminal patient and experiencing the regulations of the government as to the care which they would approve, I find no comfort in the notion of SB 284.
First, is this approval for use of the individual? No. Government must establish DOME. What? Oh, the Department of Marijuana Enforcement; just another government agency composed of an advisory committee with four voting members and five non-voting members. Who are these members? Individuals appointed by the speaker and minority leaders of the House, president pro tem, minority leader of the Senate, Commissioner of the Department of Revenue, Director of the Department of Agriculture, and the State Health Commissioner.
The DOME committee shall do the following: “(1) Review rules adopted by DOME. (2) Review legislative proposals suggested by DOME. (3) Evaluate the marijuana research and development program. (4) Evaluate the operation of the medical marijuana program. (5) Consider any other matter which has bearing on the 40 operation of the medical marijuana program.”
Now it really gets interesting. Within this “law” we now have definitions specifying everything from the “adequate supply for treatment,” to who can receive the DOME approved “Medical marijuana card.” Not to be overlooked are the mandatory definitions of a “qualified patient,” and “qualified primary caregiver.”
However, most concerning is the government’s determination of what is considered a “treatable medical condition.”
With compliance to this law: “DOME shall issue a person a medical marijuana card indicating the person is a qualified patient or qualified primary caregiver after: (1) receipt of: (A) a completed application; and (B) a physician recommendation; (2) verification that the physician is a licensed physician; and (3) compliance with any other rule adopted by DOME.”
Why is everyone so excited about this new government agency determining special groups to receive special privileges not allowed to all citizens? Your Indiana Constitution provides: “Section 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”
The health and medical needs of the individual require no mandate or government control. Individual life and treatment is a determination to be made by any and all citizens as determined by the terms of the individual. This bill has too many conditions and mandates to be considered a victory of any kind.
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