Senator John Vasconcellos
100 Paseo de San Antonio - Suite 209
San Jose, CA 95113
Phone: (408) 286-8318
Fax: (408) 286-2338

Dear Senator Vasconcellos,

We read that you would be participating in a Medical Marijuana Summit to help in the implementation of the Compassionate Use Act.  As you know, California will be the model upon which medicinal cannabis reforms nationwide will be based. The Compassionate Use Act was well-intentioned, but was short on requirements for implementation and enforcement.
 
Attached is a proposal for an amendment to the Compassionate Use Act, which is modeled after legislation being considered in Colorado.  The proposal includes the creation of an independent commission to license therapeutic marijuana dispensaries.  The proposal also includes language that better defines the duties and responsibilities of the governor, attorney general, state legislature, law enforcement, and other government agencies in relation to the Compassionate Use Act.

The independent commission would be composed of seven members, appointed by the governor, to aid in the implementation of the Compassionate Use Act.  (Alternatively, the members could be elected by popular vote.)  The members would include representatives of the health community, law enforcement, and other experienced professionals. The primary duty of the commission would be to enact licensing requirements for therapeutic marijuana dispensaries to ensure a safe supply of medicine to patients who cannot cultivate their own.  The commission would also make recommendations to the governor and state legislature necessary to implement and enforce the Compassionate Use Act.

There are many benefits to using an independent commission to implement the Compassionate Use Act.  First and foremost, the commission would be independent of existing state government agencies, thus avoiding the political pressures within and between these agencies. An independent commission, composed of both community members and state government representatives, would ensure that the citizens of California have a voice in medical marijuana policy-making.  The commission would also avoid the appearance of impropriety that might arise if any single state agency appeared to have too much control over the regulation of therapeutic marijuana or if citizens felt shut out of policy decisions.

An independent commission will allow uniform statewide standards to regulate therapeutic marijuana dispensaries, relieving the burden from local law enforcement and government agencies.  In addition, empowering the commission to promulgate rules will lessen the burden on state legislators and reduce the political infighting associated with implementing any law. A commission could intervene between the legislature and the people, making regulations when possible and proposing statutory changes when necessary.

The commission model allows both citizens and state government to determine medical marijuana policy, and allows those decisions to be implemented quickly and efficiently.  We believe it is the best model to implement and enforce any complex law, while still factoring in the concerns of citizens about those laws.

We hope you will seriously consider this proposal.  Please feel free to pass this on to others who might be interested in this issue or call if you have any questions.  Thank you for your time.

Sincerely,
 

Laura Kriho
Joe Vigorito
Colorado Citizens for Compassionate Cannabis