COMMITTEE OF THE WHOLE

BILL NO. 29-0349_

Twenty-Ninth Legislature Of The Virgin Islands

July 10, 2012

A Resolution to allow a Referendum vote on the issue of Medicinal Marijuana regulation in the Virgin Islands

PROPOSED BY:

Senator Terrence Positive Nelson

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WHEREAS, modern medical research has discovered beneficial uses for marijuana in treating or alleviating pain, nausea and other symptoms associated with certain medical conditions, as found by the National Academy of Sciences Institute of Medicine in March 1999; and WHEREAS, the use of marijuana or cannabis has never, on its own, caused the death of anyone, in contrast with legal recreational drugs such as alcohol, tobacco or prescription drugs with toxic ingredients; and WHEREAS, there currently exist numerous non-smoking, and therefore healthier, methods for the use of marijuana for medicinal purposes; and WHEREAS, several states, including Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington, currently permit the medical use and cultivation of marijuana under certain circumstances; and

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WHEREAS, our laws should make a distinction between the medical and nonmedical use of marijuana; and WHEREAS, the purpose of this legislation is to protect patients with medical conditions, and their physicians and primary caregiver, from local arrest and prosecution, criminal and other penalties if such patients or caregivers engage in the medicinal use of marijuana; and WHEREAS, the people of the Virgin Islands should have the right to democratically determine whether or not to allow the use of medicinal marijuana in our Territory. Now Therefore. Be it Resolved by the Legislature of the Virgin Islands: SECTION 1. There shall be a referendum election to be held during the General Elections in November, 2012 to determine the will of the qualified electors of the Virgin Islands with respect to the licensing of medicinal marijuana. The question shall be preceded by a brief description of medicinal marijuana and shall be in substantially the following form: Referendum on Medicinal Marijuana Modern medical research has discovered many beneficial uses for marijuana (also known as cannabis) in treating numerous symptoms associated with certain medical conditions. To date, nineteen states in the United States have recognized the legitimate use of marijuana for medicinal purposes and have passed legislation regulating the use, cultivation, licensing and distribution of marijuana for medicinal purposes. Mark One Square Only. 1. Are you in favor of the Legislature enacting legislation that allows for the licensing and regulation of medicinal marijuana patients, care-givers, cultivators and distribution centers? [ YES ] [ NO ]

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SECTION 2. The Legislature shall not be required to take any action toward the licensing of medicinal marijuana in the Territory, unless both: (1) a majority (fifty percent plus one) of the persons casting a ballot during the General Election in November, 2012, vote on the referendum issue set forth in Section 1 of this Act; and (2) a majority (fifty percent plus one) of those persons voting on the referendum issue vote in the affirmative. BILL SUMMARY This Resolution seeks to put a referendum on the ballot of the 2012 General Election posing the question of the legal use of marijuana for medicinal purposes.

BR11-0815/ July 5, 2012/ reviewed by TF