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Resolution in Support of Medically Recognized Patients Use of Cannabis on Campus

Resolution in Support of Medically Recognized Patients Use of Cannabis on Campus

Adopted May 3, 2004

Whereas:    The Mission Statement of The Associated Students of Humboldt State University states that “[shall be] an official voice through which students’ opinions may be expressed; foster awareness of these opinions both on and off campus; assist in the protection of the individual student and student body; provide services and programs as deemed necessary by the corporation to meet the needs of the student and campus community; and to stimulate the educational, social, physical, and cultural well-being of the University community;” and,

Whereas:    The Associated Students recognizes there are students on campus who are medically recommended by a licensed physician to use cannabis for mitigation of physical aliments; and,

Whereas:    The legal use of cannabis has been supported and made legal by the People of California through the passage of Proposition 215 of 1996, through measures by the Office of the District Attorney of Humboldt County, from the legislation of S.B. 420 by the State of California, and through cases within the California & United States Supreme Courts; and,

Whereas:    This issue has been brought forth into the public realm of HSU by the Lumberjack, in which, University Police Chief Bob Foster was quoted as saying, “Marijuana is not legal.

If a person has it on campus they may be disciplined or arrested following federal law…It’s important to know that local ordinances and state medicinal marijuana laws do not apply on school property, including [state] colleges and universities.  On campus you will be arrested for either possession…”(1); and,

Whereas:    David Bearman, a medical doctor, who was formerly Director of Student Health Services at San Diego State University, as well as an instructor in courses that deal with physiology at the University of California Santa Barbara, San Diego State University, & University of California San Francisco, was a Guest Columnist for the Lumberjack, and was quoted as saying, “The practice of medicine is not regulated by the federal government…[Bob Foster’s] contention that marijuana is not legal in the State of California is wrong…Ronald M. George, Chief Justice of the California Supreme Court said,…‘Under the state law, the possession & cultivation of marijuana is no more criminal-so long as its conditions are satisfied-then the possession of any prescription drug with a physicians prescription’…”(2); and,

Whereas:    Students who hold valid 215 cards or have documentation that they are medicinally recognized by a licensed physician to posses and use cannabis legally should not live in fear of retribution by the University Police Department (UPD); and,

Whereas:    Under current UPD & HSU policies, any student who is apprehended by UPD for the legal use of their medication, is subject to but not limited to citation, arrest, prosecution, and loss of financial aid; and,

Whereas:      Such actions are detrimental to a student’s educational goals, personal well-being, and legal rights; and

Whereas:    The Associated Students does not condone the public use, production, or distribution of cannabis on school property by any student, nor do they wish to infringe upon the rights of students to have a smoke and drug-free campus; and be it,

Resolved:    That the Associated Students calls upon the University Police Department and HSU President Rollin Richmond to be lenient with their drug policy towards students who are exercising their right to medicate in private or with another medicinally recognized student for safety & security reasons, in their dormitory, the forest behind campus, or within their vehicle; and be it,

Resolved:    That Associated Students also asks that the HSU Policy that was established in 2001, be changed to reflect this appeal to the administration on the behalf of students to prevent the infringement of a medical users rights, and prevent the possible lawsuit that may follow from such infringements; and be it,

Resolved:    That Associated Students recommends to University Housing to look into providing a private, locked room for those students who are medicinally recommended by a physician to use cannabis and live within the dorms; to lessen the impacts of other students rights to live in a smoke and drug-free environment; and be it,

Resolved:    That copies of this resolution will be sent to University Police Chief Bob Foster, University Housing Director John Capaccio, HSU President Rollin Richmond, HSU Student Affairs Vice-President Steve Butler, the HSU Residence Hall Association, the Arcata City Council, the Humboldt County Board of Supervisors, District Attorney Paul Gallegos, the Humboldt County Medical Cannabis Task Force, and the local media.

Authored by Joshua Allen, AS Representative

College of Natural Resources & Sciences

Medicinally Recognized Cannabis Patient

_____________________________________       _______________________________________

        Dusty Duley, Representative                               Robert Reed, Representative

  College of Natural Resources & Sciences                       College of Professional Studies

_____________________________________       _______________________________________

    Gretchen Kinney Newsom, President                 Kelley Kiesling, Legislative Vice-President

(1) (Lumberjack Vol. 84 No. 21, Wed. 3/10/2004, pg. 3 & 6)

(2) (Lumberjack Vol. 84 No. 25. Wed. 4/14/2004, pg.18)