Associated Students
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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) |