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WHY JEFF SESSIONS IS BEING SUED BY A COMBAT VETERAN OVER MEDICAL MARIJUANA
Posted by: WHY JEFF SESSIONS IS BEING SUED ()
Date: February 14, 2018 07:07PM

WHY JEFF SESSIONS IS BEING SUED BY A COMBAT VETERAN OVER MEDICAL MARIJUANA
http://www.newsweek.com/veteran-suing-jeff-sessions-marijuana-803405

Jose Belen spent his early 20s serving in one of the military's severest roles—as a field artillery soldier in Baghdad. His job was to “find and kill the enemy,” and death was a reality he learned to accept. Fourteen months of warfare left him “bled dry” of his emotions and his smile. He watched his best friend die, and he would look up at the sky every day to say, “God, it’s OK if you take me.”

But those weren't the scariest moments of his life.

Instead, the most frightening moments came when the side effects kicked in from two powerful pills the Department of Veteran Affairs gave him for his post-traumatic stress disorder (PTSD)—just one chapter of a long period of trial and error for his turmoil.

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The pills, venlafaxine and nortriptyline, turned him into “basically the Incredible Hulk," the 35-year-old told Newsweek last week from his home in Orlando, Florida. He scared his wife and kids, and he was furious. “I nearly snapped,” he said.

Combat veteran Jose Belen is suing Attorney General Jeff Sessions over medical marijuana.
COURTESY OF JOSE BELEN

That treatment was a breaking point. And it turned out that after an assortment of medications his VA doctor prescribed to him, the one that finally worked was one the VA couldn’t prescribe: medical marijuana.

On February 14, after battling PTSD for 13 and a half years, the combat veteran and married father of two will be taking the U.S. government to court over the drug. He’s one of five plaintiffs, including a 12-year-old with epilepsy, suing Attorney General Jeff Sessions over medical marijuana, alleging that the Controlled Substances Act (CSA), which deems marijuana illegal, is unconstitutional.

In a 98-page complaint, the prosecution alleges, among other things, that the CSA limits patients’ travels within the U.S. and blocks them from entering government buildings; that it discriminates against black people, who are more likely to be arrested for possession of marijuana than white people, infringing on their rights to due process; and that marijuana, because it has medical benefits, does not belong on the same list of federally controlled substances as drugs like LSD and heroin.

Jose Belen and his family.
COURTESY OF JOSE BELEN

"Cannabis, for me, has allowed me to find the smile that I lost the day I got into combat," Belen said. "I was somebody different before I crossed into Iraq. It’s not about getting high. It’s about me being able to have eight hours of sleep without a nightmare."

The nightmares, aggression and anxiety Belen once faced are part of an issue that resonates with millions of veterans in the U.S.

Every day, 20 veterans commit suicide, according to the Department of Veterans Affairs. (It's unclear how many of these are tied to PTSD or military service.)Between 11 and 20 percent of veterans who served in Iraq or Afghanistan have PTSD. As things stand, the VA, the source of health care for 9 million veterans, is not allowed to recommend medical marijuana to patients even though several states have legally declared the drug a treatment for PTSD.

And while the VA recently tweaked its policy to say that veterans are encouraged to "discuss" medical marijuana with their providers and that they won't be denied treatment if they use it, the agency released a letter to Congress in January saying it would not study the effects of medical marijuana on PTSD or chronic pain.

Raphael Bones, a physician in Orlando and a Navy veteran himself, told Newsweek that cannabis helps his patients' PTSD better than any other medication he's tried with them. "Especially to sleep better, without nightmares and even without night terrors," he said. "Vets that use cannabis do not relive their war experience, they do not have flashbacks."

But despite research and endless personal testimonies, Sessions has shown no willingness to shift his views on marijuana, maintaining his skepticism about its medical benefits. At a Senate hearing last year, he said that he'd look at analyses of the drug's medical benefits but was not optimistic. He recently claimed that the opioid crisis "is starting with marijuana and other drugs." The Justice Department declined to comment on this case.

WATCH: Attorney General Jeff Sessions says his goal for 2018 is to see a further decline in prescriptions of opioids, and says, "we think a lot of this is starting with marijuana and other drugs."

President Donald Trump has not been as vocal an opponent to marijuana. He has also voiced commitment to working on the issues of veteran suicide and PTSD, saying in October, "You know, when you hear the 22 suicides a day, it's a big part of your question, but when you hear the 22 suicides a day, that should never be. That should never be. So we're going to be addressing that very strongly."

But this isn't a political battle for Belen—he said he looks at Trump like he would any other commander in chief, and as he did with George W. Bush, who was president when he went to war. But if he could tell Trump and Sessions one thing, he'd say, "As the leaders of this country, you know you’re wrong."

He continued, in a direct address to the current man in the White House, "I went to war for [the president], and I’d do it again. All I'm asking of you is to please help us fight the war we are losing every day."

Oral arguments for the case begin Wednesday in New York, and if it moves forward, Belen's lawyer, Joseph Bondy, said others with compelling cases have indicated that they will step forward to join the suit.

"It goes past the lawsuit," Belen said. "The greater calling is to end veteran suicide."



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“Patients like Nikki Narduzzi, who is now our coalition director at Cannabis Commonwealth, will now have the same rights that were initially granted in 2015 to only intractable epilepsy patients. I have spent hundreds of hours with Nikki in the halls of the General Assembly, in Committee rooms, in district offices, in coffee shops talking to Virginia legislators about this groundbreaking expansion legislation.

‘Little did I know, in 2015 when I attended my first local Virginia NORML chapter meeting, that patient advocacy would become such a large part of my life,’ said Nikki. ‘For the past three years, I have been supported and mentored by courageous advocates like Virginia NORML’s Executive Director, Jenn Michelle Pedini who has worked tirelessly in the trenches to bring medical cannabis access to ALL Virginia patients.’”

"Virginia will be the first state to expand a hyper-restrictive single qualifying disorder program to include any diagnosed condition. This didn’t happen because of industry dollars or high powered lobbyists, it happened because two moms wouldn’t take “no” for an answer. We were pushed aside by other organizations interested in working for only small patient groups. We were railroaded by partisan antics more than once. We stood our ground, we pushed forward, and we prevailed."

http://blog.norml.org/2018/02/08/virginia-norml-considered-instrumental-in-passage-of-medical-marijuana-expansion-legislation/



Virginia NORML has been focused on securing access and protection from prosecution for all patients since 2016. This session, our efforts paid off with unanimous passage of our Let Doctors Decide legislation, supported by the Joint Commission on Healthcare, in both the House and Senate.

Patients like Nikki Narduzzi, who is now our coalition director at Cannabis Commonwealth, will now have the same rights that were initially granted in 2015 to only intractable epilepsy patients. I have spent hundreds of hours with Nikki in the halls of the General Assembly, in Committee rooms, in district offices, in coffee shops talking to Virginia legislators about this groundbreaking expansion legislation.

“Little did I know, in 2015 when I attended my first local Virginia NORML chapter meeting, that patient advocacy would become such a large part of my life,” said Nikki. “For the past three years, I have been supported and mentored by courageous advocates like Virginia NORML’s Executive Director, Jenn Michelle Pedini who has worked tirelessly in the trenches to bring medical cannabis access to ALL Virginia patients.”

Virginia will be the first state to expand a hyper-restrictive single qualifying disorder program to include any diagnosed condition. This didn’t happen because of industry dollars or high powered lobbyists, it happened because two moms wouldn’t take “no” for an answer. We were pushed aside by other organizations interested in working for only small patient groups. We were railroaded by partisan antics more than once. We stood our ground, we pushed forward, and we prevailed.

Read more here: http://www.suffolknewsherald.com/2018/02/06/advocates-cheer-bills-passage/

To get involved or to stay up-to-date on the latest marijuana-related news in Virginia, make sure to visit our website at http://www.vanorml.org/ and follow us on Facebook and Twitter!
https://www.facebook.com/vanorml/

https://twitter.com/VANORML

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Virginia NORML cannot support the passage of this bill as drafted. This legislation simply codifies the existing first time offender’s program and maintains all of its exiting punitive measures. It then creates an Opioid Fund and an additional $300 fee that defendants must pay into such fund, and a Marijuana Offender Registry to track first-time offenses. The bill does provide a method for expunging the first-time offense from one’s record for another $150 fee, providing a defendant knows how to navigate the expungement process.

This is not what the overwhelming majority of Virginians favor for marijuana possession. Over ¾ of Virginians prefer #FinesNotCrimes for simple possession. Passage of this law will likely stall any attempts at decriminalization for the foreseeable future. This does not “make a substantial step forward,” as Senator Norment claims. This legislation is drafted to cater to defendants who can afford additional fines and attorneys to file for expungement, not to those who are typically charged with possession.

We applaud Senators Ebbin and Petersen for just saying NO to bad public policy.


Virginia Senate passes bill to allow expungement of first marijuana charge

The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.
http://www.richmond.com/news/virginia/government-politics/general-assembly/virginia-senate-passes-bill-to-allow-expungement-of-first-marijuana/article_71b80290-d41b-5a7b-824b-d5386e5d477a.html

The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.

The vote on Senate Bill 954 by Sen. Tommy Norment, R-James City, was 38-2. Sen. Adam Ebbin, D-Alexandria, said he opposed the bill because it did nothing to stop the racially disparate criminal enforcement of marijuana laws, and he cited public opinion polls saying people no longer want marijuana possession prosecuted as a crime.

Norment acknowledged his measure was not a decriminalization bill, but said it “makes a substantial step forward.”

Norment disappointed advocates for marijuana reform earlier this year when he changed his position on decriminalization. Norment had said he would push for a bill this session to decriminalize small amounts of marijuana, but said he changed his mind because such a bill had no chance of passing in the House.

His expungement bill would allow someone to defer a finding on a charge and be found not guilty if the person remains drug free and does community service, Norment said.

The expungement fee would be used for Virginia State Police to maintain a database of those who had charges expunged, so prosecutors and courts could stop someone from using that benefit more than once.

Revenue collected would also go to educational efforts to prevent opioid abuse.

Initially, Norment’s legislation would have required additional money in the budget for the database, but he said Monday that the fees paid by those charged will cover the costs of it.

A poll released this month by the Wason Center for Public Policy at Christopher Newport University showed 76 percent of Virginians support decriminalization of possession of small amounts of marijuana.

The Senate on Monday also passed Senate Bill 334 by Sen. Mark Peake, R-Lynchburg, which would allow someone charged with underage alcohol possession to seek expungement of the charge once turning 21.

Additionally, the Senate passed Senate Bill 403 from Sen. Ryan McDougle, R-Hanover, that creates an expungement process for underage alcohol and marijuana charges five years after a sentence and probation have been completed.

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Virginia Senate passes bill that would expunge first marijuana charge
http://www.wmdt.com/news/virginia/virginia-senate-passes-bill-that-would-expunge-first-marijuana-charge/701176538


VIRGINIA - The state of Virginia is looking to reduce penalties for people charged with possession of marijuana.

If passed, Senate Bill 954 would make the first offense a maximum fine of 500 dollars. The way the law currently stands a charge can result in up to 30 days in jail.

The bill would allow the first offense to be eligible for expungement, but that is if the person charged pays a 150 dollar fee.

Revenue from these fees would go towards educating and preventing opioid abuse. The piece of legislation has made it out of the senate and must pass the House before it goes to the governor.


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https://www.facebook.com/vanorml

https://www.facebook.com/novanorml

http://www.vanorml.org

Marijuana-related bills in the 2018 Virginia General Assembly
The following marijuana-related bills have been filed for the 2018 Virginia General Assembly legislative session. This page will be updated regularly. Click the bill title for the complete text and additional information. Questions? Contact Virginia NORML at director@virginianorml.org or 804-464-7050 M-F 9-6.

http://www.vanorml.org/2018_legislation

TAKE ACTION
http://www.vanorml.org/act

Virginia Action Alerts:
URGENT: Expand Patient Access to Medical Cannabis: Let Doctors Decide
http://norml.org/action-center/item/virginianorml-let-doctors-decide

Virginia: Expand State’s Medical Cannabis Law
http://norml.org/action-center/item/virginianorml-let-doctors-decide



Federal Priorities:
Priority: Tell Congress to Reject Jeff Session's Reversal of the Cole Memo
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in

MJ Justice: The Marijuana Justice Act of 2017 Introduced
http://norml.org/action-center/item/the-marijuana-justice-act-of-2017-introduced

Caucus: Tell Your Congressional Representative: Join the Cannabis Caucus
http://norml.org/action-center/item/tell-your-congressional-representative-join-the-cannabis-caucus

Jeff Sessions Is Targeting Marijuana – It’s Time For Congress To Step In
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in

Protect Our Progress: Bipartisan Leaders Reintroduce the Respect State Marijuana Laws Act
http://norml.org/action-center/item/federal-bipartisan-leaders-reintroduce-the-respect-state-marijuana-laws-act

Timely (Budget Process): Tell Your Elected Officials To Protect Lawful Medical Marijuana Programs From Attorney General Jeff Sessions
http://norml.org/action-center/item/federal-protect-lawful-medical-marijuana-programs

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