Medical Marijuana Update

by Phillip Smith,
December 03, 2011

So much is going on in the world of medical marijuana that we cannot adequately cover it all through news briefs and the occasional feature article. The news briefs and feature articles will, of course, continue, but beginning now, we will also include a weekly medical marijuana update at least noting all those stories we are unable to cover more comprehensively. This first update will itself be updated until the next Drug War Chronicle is published on Thursday, then the updates will appear as a regular weekly feature. Here we go:


National

On Wednesday, the governors of two medical marijuana states, Christine Gregoire (D) of Washington and Lincoln Chafee (I) of Rhode Island, called on the Obama administration to reschedule marijuana. The next day, Vermont Gov. Peter Shumlin (D) said he would join them, but that same day, Nevada Gov. Brian Sandoval (R) said he would not.

California

As of the end of November, the US Attorney's Office in San Diego reported that more than 60% of the 222 dispensaries in the region have closed their doors since it began sending threat letters in October to the outlets and their landlords. That's 139 dispensaries gone in far Southern California, and the feds said they expected another 20 or so to close in the next two weeks.

On Monday, a federal judge in San Francisco declined to issue a temporary injunction blocking a federal crackdown on dispensaries in the Bay Area. US Attorney Melinda Haag had ordered those clubs to close, because they were too close to schools on parks. Two of the targeted dispensaries, San Francisco's Divinity Tree and Medithrive, have already shut down to avoid criminal prosecution or seizure of their properties. A third, the Marin Alliance for Medical Marijuana in Fairfax, may be about to follow (see below).

Also on Monday, the last dispensary in the Stockton area shut down after receiving one of those October threat letters from federal prosecutors. County officials had banned dispensaries. One other dispensary shut down in October, and two more are on hold as city officials await clarification from state and federal authorities.

Also on Monday, the city of Novato voted to renew its expiring moratorium on dispensaries for another year and said city staffers would move to shut down two dispensaries operating in violation of city zoning ordinances. The moratorium does not apply to the two dispensaries because they were grandfathered in, but staffers said they are prohibited under city zoning rules, which do not name marijuana sales as an allowed use.

Also on Monday, the Amador County Board of Supervisors temporarily banned outdoor medical marijuana grows in the wake of a September killing during the attempted robbery of a medical marijuana grow. A task force drafting regulations for outdoor grows will meet later this month. Amador County Counsel Gregory Gillott said Fresno, El Dorado, Glenn and Lassen counties all have similar bans on outdoor growing.

A Marin County judge Friday declined to quash an eviction order aimed at closing the Marin Alliance for Medical Marijuana dispensary in Fairfax. The Marin Alliance is the longest operating dispensary in the state, but it could be doomed after being targeted by federal prosecutors in October. Founder and operator Lynette Shaw has until December 9 to answer the ruling and request a trial, but said this week she wasn't sure she will stay open.

Also on Friday, the Orange County Sheriff's Department said that any sales of medical marijuana are illegal. After raids last month that targeted a half-dozen dispensaries and more than a dozen other locations and persons, the department said Proposition 19 and laws passed to regulate medical marijuana in the state "do not authorize sales of marijuana."

Also on Friday, Los Angeles City Attorney Carmen Trutanich announced that his office is targeting nine dispensaries to be shut down because they're within 600 feet of a school. He said he would seek $2,500 a day penalties if they stay open while being sued. Meanwhile the city reports that 372 marijuana businesses had filed to begin paying a city business tax by the October 31 deadline. An unknown number had not filed, but city officials said there could be as many as 500 dispensaries in the city, down from a peak of 850.

Massachusetts

The Committee for Compassionate Medicine, which is seeking to put a medical marijuana initiative on the ballot next year, announced Friday that it had had handed in more than 74,000 signatures and planned on handing in another 10,000 by next week's deadline. They need 68,911 valid voter signatures to make the ballot, so even if they get that additional 10,000, it's still going to be a very close call, given that some sizeable fraction of signatures gathered will be found to be invalid.

Michigan

An Oakland County circuit court judge Wednesday threw out a lawsuit filed by the ACLU and two medical marijuana patients against the cities of Birmingham and Bloomfield Hills, which had passed ordinances saying it is unlawful for anyone to engage in an activity contrary to state, local, or federal law. The judge dismissed the suit, saying the plaintiffs had not been charged with any crimes. The ACLU and the plaintiffs had hoped to force a ruling on whether state and local law enforcement had to obey the Michigan Medical Marijuana Act, but they didn't get it.

On Thursday, two Oakland County dispensaries were raided by the Oakland County Narcotics Enforcement Team. Police arrested three people at one dispensary and four at the other and seized a combined five pounds of medical marijuana and three pounds of edibles. No charges have been filed yet.

New Jersey

A Rutgers-Eagleton poll released November 30 found overwhelming Garden State support for medical marijuana and high levels of support for marijuana law reform as well. A whopping 86% of respondents supported the availability of medical marijuana, while 60% thought penalties for pot use should be relaxed, just over half didn't think pot possession should not be a crime, and one-third would completely legalize its sale and use.

The poll was released just a day after Gov. Chris Christie (R) announced that he had appointed a law enforcement figure, retired State Police Lt. John O'Brien to oversee the program, which has yet to actually serve a single patient nearly three years after it was passed into law. The first strictly-regulated compassion centers are set to open next year.

The state Department of Health and Human Services last month finally published rules and regulations for the program, which were roundly denounced by the Coalition for Medical Marijuna—New Jersey, the state's leading patient advocacy group.

Wisconsin

At a Wednesday news conference at the state capitol in Madison, Rep. Mark Pocan (D-Madison) announced that he is introducing LRB-2466, the Jackie Rickert Medical Marijuana Act (JRMMA), named after the wheelchair-bound patient, activist, and member of Is My Medicine Legal Yet, the state's most prominent medical marijuana activist group.

Pocan and state Sen. Jon Erpenbach (D-Waunakee) will be the lead sponsors of the bill, which died without a committee vote last session. Activists in Wisconsin have been working for a decade to pass medical marijuana legislation. Whether it will happen this session, given the bitter political atmosphere and Republican nomination at the state house remains to be seen.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
December 21, 2011

So much is going on in the world of medical marijuana that we cannot adequately cover it all through news briefs and the occasional feature article. The news briefs and feature articles will, of course, continue, but we now include a weekly medical marijuana update at least noting all those stories we are unable to cover more comprehensively. Here's the latest:


California

On December 14, a federal judge in San Diego rejected a request from medical marijuana advocates for an injunction to halt federal enforcement actions against dispensaries there. The ruling followed his November ruling rejecting a temporary restraining order. US District Judge Dana Sabraw rejected arguments that the feds were engaging in selective prosecution by not targeting dispensaries in other states and that use of medical marijuana has become a protected right. Sabraw noted that the federal government was prosecuting some dispensaries in other states and ruled that using marijuana as medicine is not a fundamental right protected by the US Constitution. The suit is not dead, but the government is now expected to file a new motion to dismiss the case.

Also on December 14, NORML dismissed James Benno, the director of its Redding chapter, after his angry outburst during a meeting of the Shasta County Board of Supervisors the night before as the supervisors voted to ban dispensaries in the county's unincorporated areas. NORML also apologized to the supervisors and suspended the Redding chapter. Benno's behavior prompted an editorial in the Redding Record Searchlight, Nasty Outbursts do Nothing for Marijuana Cause.

On December 15, the Fresno city council voted to ban outdoor medical marijuana cultivation within the city limits. Fresno County banned outdoor grows last year. The vote came after Fresno police went to the council seeking an immediate ordinance "to prevent the cultivations from starting next year." Police cited the shooting death of a local man during an attempted marijuana heist in a backyard last year. The emergency measure took effect immediately and must be renewed within 45 days. A final permanent ban is expected in April, and it would make growing marijuana a violation of (no pun intended) the city's weed abatement ordinance. Local growers are holding meetings to figure out what to do next.

On December 15, the Butte County Registrar of Voters certified a referendum petition turned in by opponents of a ban on medical marijuana dispensaries in the county. The petitioners are trying to reverse a recent vote by county supervisors to ban dispensaries. Supervisors will take up the issue at their next meeting. They can either reverse their decision or put the matter before the voters on the June ballot.

On December 15, medical marijuana advocates filed a proposed 2012 ballot initiative to license, regulate, and tax the industry at the state level. The initiative, the Medical Marijuana Regulation, Control, and Taxation Act was filed by a coalition that includes Americans for Safe Access, California NORML, the Drug Policy Alliance and the United Food and Commercial Workers union, which represents some dispensary workers.

"We think that this initiative will create a level playing ground that law enforcement will embrace because it creates a sensible process," said Dan Rush, national director of the United Food and Commercial Workers' medical cannabis division. "The US attorneys became hostile to medical marijuana in California and what we are doing is offering a responsible, dignified and sincere approach to the citizens of California."

Look for a feature article on the initiative in coming weeks.

On Friday, Sacramento County's Magnolia Wellness Center closed down but only after offering free grams and discounts on top-tier medical marijuana strains to its clients. Hundreds of customers of what was possibly the largest dispensary in the county lined up for the final day, with many expressing great unhappiness with the federal crackdown and an aggressive campaign by the county to shut down dispensaries via citations for building code and zoning violations. The county had seen as many as 99 dispensaries open in the past two years. Now there are only five left. The closing of Magnolia left 25 unionized bud tenders and other workers out of jobs in a county where the unemployment rate is 11.8%.

On Saturday, the Marin Alliance for Medical Marijuana in Novato closed its doors in the face of threats of federal prosecution. The Alliance was the oldest operating dispensary in the state and had a good working relationship with local officials, but ran afoul of the feds because it was located too close parks and schools. It closed after it was served an eviction notice by its landlord, who had received a threat letter from US Attorney for Northern California Melinda Haag. Co-founder and longtime Alliance operator Lynette Shaw also formally severed her connection with the Alliance, saying she was "in great danger," presumably of federal prosecution.

On Monday, San Diego medical marijuana collectives unveiled a proposed ballot initiative that would regulate storefront operators and generate additional revenue through a sales tax to the city of San Diego. The move comes after years of futile efforts to get the city council to enact a friendly ordinance regulating dispensaries and as both local and federal prosecutors are cracking down on dispensaries in the area. The same collectives earlier this year collected enough signatures to successfully repeal a restrictive city ordinance. If they get enough signatures this time, the measure will be on next November's ballot.


Montana

On December 15, three medical marijuana dispensary operators were sentenced in federal court to a year in prison each. Joshua Schultz, Jesse Leland, and Jason Burns could have faced a five year prison sentence, but the US Probation Office recommended two to 2 ½ years under sentencing guidelines.

US District Court Judge Charles Lovell went a step further, saying: "The sentencing range that established the guidelines has been, in the judgment of the court, excessive for utilization in this particular case under what I find to be very unusual circumstances. While it is true that the law was violated and while it is true that the computation set forward by the US Probation Office complies with the guidelines in an ordinary case, this is not an ordinary case as to each of the three defendants."

The three men had all operated dispensaries in compliance with Montana state law and believed they were safe from federal prosecution because of the Justice Department's 2009 Ogden memo. But their dispensaries were among more than two dozen hit in March raids by the feds, and they were arrested and jailed on about 25 charges each, including manufacturing and distributing marijuana and money laundering.

On Tuesday, a Whitefish man who helped run a medical marijuana dispensary was sentenced to a year and half in federal prison. Ryan Blindheim, 34, had helped operate the Black Pearl dispensary in Olney along with Evan Corum, also of Whitefish. Corum earlier pleaded guilty to money laundering and was sentenced to six months in prison. Blindheim pleaded guilty to money laundering and conspiracy to manufacture marijuana. Black Perl was among the more than two dozen medical marijuana businesses raided by the feds in March.


Washington

On December 14, Seattle marijuana defense attorney Douglas Hiatt filed a lawsuit challenging the city's ordinance regulating medical marijuana dispensaries. The lawsuit argues that the ordinance is unconstitutional because it requires dispensary operators to admit they are taking actions that are illegal under federal law.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
January 04, 2012


Here's the latest on the medical marijuana front:


California

On December 21, California Attorney General Kamala Harris sent a letter to top lawmakers in which she warned that any efforts to regulate medical marijuana via the legislative process will be limited by the state constitution and by the federal government's enforcement of the Controlled Substances Act. In the letter, she noted that an appeals court ruling (Pack v. Superior Court) found that state regulation of large scale medical marijuana cultivation "stands as an obstacle to federal enforcement efforts and is therefore preempted by the Federal Controlled Substances Act."

But Harris also noted that because Proposition 215 was enacted by voter initiative, any legislative regulation that would "undo what the people have done" would be unconstitutional under state law. Still, Harris wrote, the legislature needs to intervene because there "significant unresolved legal questions" about regarding parts of the initiative that allow for collaborative cultivation and the legality of dispensaries.

"I hope that the foregoing suggestions are helpful to you in crafting legislation," Harris concluded. "California law places a premium on patients' rights to access marijuana for medical use. In any legislative action that is taken, the voters' decision to allow physicians to recommend marijuana to treat seriously ill patients must be respected."

Also on December 21, the Happy Wellness Center in Newark reopened a week after being raided by state agents. "There's no way that me, the way I am, could just sit back and not open," said the center's CEO, Justin Hammer. "If I felt we were doing anything wrong, anything illegal, I wouldn't be here." The Happy Wellness Center operated for 105 days before the raid and originally opened before the city ban on such operations. An attorney for the collective says only a court order will change their position.

On December 23, the Sacramento County Sheriff's Department returned 2 pounds of medicinal marijuana to a dispensary from which it was seized earlier this month. The move came after a Superior Court judge the same day ordered them to return the medicine. It had been seized in a December 1 raid at the Common Roots Collective.

On December 23, two Long Beach dispensary operators, Jon Grumbine and Joseph Byron, were found guilty of marijuana trafficking after prosecutors argued the men operated the businesses for profit, which is forbidden under state law.

On December 26, medical marijuana patients rallied and marched in San Diego to protest the federal crackdown and recalcitrant local authorities. A crowd of 50 to 75 people showed up, including Democratic Congressman Bob Filner, who is running for mayor.

On December 28, Riverside County officials said they had begun legal action to close down about three dozen dispensaries in unincorporated areas. The county asked a Riverside County Superior Court judge to declare Platinum Collective in Home Gardens a public nuisance . The county is seeking civil penalties of $1,000 for each day Platinum Collective has been open since March 7, when the business was notified it was operating illegally, and wants reimbursement for the cost of abatement, investigation and enforcement. Dispensaries are illegal under a ban the Board of Supervisors approved in 2006.

On December 29, veteran activist Steve Kubby filed a municipal initiative in South Lake Tahoe to control marijuana odor and rewrite restrictive cultivation rules. The city has 15 days from then to write a title and summary so the signature-gathering process can begin.

In late December, San Francisco's Market Street Co-op announced it would close January 9 due to pressure on its landlords from the feds. "A San Francisco Assistant United States Attorney threatened our landlords with property forfeiture if the cooperative does not stop dispensing cannabis at our current location," the dispensary noted.

On New Year's Eve, Sacramento's One Love Wellness Center closed its doors. The dispensary had had its bank account seized by federal authorities in September after a Treasury Department criminal task force alleged that the dispensary structured $102,713 in deposits in small amounts to skirt rules requiring financial establishments to report all deposits of $10,000 or more to the Internal Revenue Service. No charges have been filed, but One Love was under additional pressure after Sacramento US Attorney Benjamin Wagner sent out a notice threatening its landlord with seizure of its property if marijuana sales continued on site. One Love said the move will cost 20 jobs. The dispensary also noted that it had paid more than $227,000 into state coffers in sales taxes last year and nearly $50,000 to the city of Sacramento. About two dozen dispensaries remain in the city, but nearly a hundred Sacramento County dispensaries have been shut down since supervisors decided they weren't permitted in unincorporated communities.

On Tuesday, medical marijuana patients began seeking to oust Sheriff Tom Bosenko in the latest skirmish in the on-going war between them and Shast County officials. Bosenko was handed a recall notice Tuesday by patient and advocate Rob McDonald after he suggested tightening restrictions on medical marijuana cultivation in the county. Recall notices are being prepared for supervisors David Kehoe and Les Baugh, though neither has been presented yet, McDonald said. He is also targeting for recall Redding City Council members Patrick Jones, Francie Sullivan and Rick Bosetti in response to the city’s dispensary ban, passed in November.

Also in Redding, Shasta County Superior Court Judge Stephen Baker granted the city of Anderson’s request for a preliminary injunction against the Green Heart, the city’s only dispensary. The judge gave Green Heart until next Tuesday to appeal.

Also on Tuesday, in Lakeport, the Lake County Board of Supervisors rescinded an October cultivation ordinance in response to a successful referendum petition. The Lake County Citizens for Responsible Regulations and the Lake County Green Farmers Association want less stringent rules than those passed by the board. The board could have let the voters decide in a special election, but decided that would be too expensive, and just repealed the ordinance.

And also on Tuesday, Riverside County officials raided numerous dispensaries in the Lakeland Village area. Police, county code enforcement, and a county attorney came knocking on doors to let dispensaries know they must shut down within 72 hours or face legal action. The move came after the county Board of Supervisors last month authorized county attorneys to sue any dispensaries still open in unincorporated areas of the county.

Colorado

On December 22, Colorado became the fourth state to ask the DEA to reschedule marijuana. The head of the state Department of Revenue made the request in compliance with state law. Colorado now joins Rhode Island, Vermont, and Washington in seeking rescheduling.

Rhode Island

On December 27, Rhode Island House Speaker Gordon Fox said he will personally petition the federal Department of Justice to see how Rhode Island can open the large-scale dispensaries for growing and selling marijuana that advocates have long sought. Fox disagrees with Gov. Lincoln Chafee's decision to halt the process of issuing dispensary permits in the face of federal threats.

Washington

On December 15, state Sen. Jeanne Kohl-Welles released a summary of a proposed comprehensive medical marijuana bill. The Cannabis Defense Coalition had some issues with it; click the link to find out more.

On December 21, a state medical board that regulates medical marijuana has scheduled a hearing in Renton for January 11 to consider adding Attention Deficit Disorder and Obsessive Compulsive Disorder as qualifying conditions.

On December 27, the town of Castle Rock approved zoning regulations for medical marijuana gardens. Under the zoning rules, group gardens only are allowed in two commercial areas east of Interstate 5 near exits 48 and 49. The gardens must not be able to be viewed from public streets and must be locked or otherwise secured. Any planned group garden also must be inspected by city officials. The city is trying to keep gardens away from schools and public areas.

stopthedrugwar

stop the drug war hey?

how about stopping large oil / pharma corporations from political donations in the U.S.?

http://sourcewatch.org/index.php?title=Chevron#Political_contributions_and_lobbying

http://sourcewatch.org/index.php?title=Bayer

The sad thing is that I'm positive now more than ever that the politicians are fully aware of the benefits, but greed is more powerful in terms of highs and drugs, so they won't do anything about it.

Medical Marijuana Update

by Phillip Smith,
January 11, 2012

Here's the latest medical marijuana news from around the country. There's a whole lot going on.




California

On December 30, a Marin County judge ruled that a Novato dispensary cannot be evicted. The landlord for the Green Door Wellness Education Center had sought to evict it, saying it had violated its lease in various ways, including allowing marijuana smoking on the premises. The judge ruled that the smoke complaints were the most serious violations but "were mitigated and can be further mitigated." But Green Door and the neighboring Green Tiger Collective still face problems with the city, which sent both of them cease-and-desist orders months ago and has a moratorium on dispensaries.

On January 4, the Arcata city council voted for a temporary ban on new dispensaries. The measure does not affect existing dispensaries, but it puts a temporary hold on processing applications for new medical marijuana cooperatives and collectives. Staff will return to the council with a draft moratorium. Also in Arcata, the Humboldt Medical Supply dispensary closed its doors after its landlord received a threat letter from federal prosecutors. Another dispensary, the Sai Center, also received a letter, according to owner Stephen Gasparas, who spoke before the council.

On January 4, outgoing Marin County Supervisor Susan Adams sent a letter to Attorney General Eric Holder opposing the federal intervention in California's medical marijuana program.

Last Thursday, a Humboldt County supervisor met with US Attorney Melinda Haag to discuss the federal crackdown on dispensaries. Third District Supervisor Mark Lovelace said he expressed his disappointment with the crackdown and urged Haag to respect local governments, who decide what is appropriate safe access to medical marijuana.

On Monday, dozens of people protested in San Francisco over the closing of the Market Street Cooperative, which has been operating since 1997. The dispensary shut down after its landlord received a letter from federal prosecutors threatening seizure of the property.

On Tuesday, Marin County supervisors sent a smoking ban back for a rewrite to make clear it does not include marijuana. The ordinance would largely ban smoking in apartments in unincorporated areas of the county.

On Tuesday, the Anaheim city council extended the city's moratorium on new medical marijuana dispensaries for another year. The unanimous vote came after council members said they needed more time to study the "legal complexities" around the issue. The city has had a ban in place since 2007. Anaheim's law was challenged in court by medical-marijuana patients who said it unfairly limited their rights guaranteed by state law. He lost in Orange County Superior Court, but the case is on appeal. Dozens of dispensaries that opened before 2007, when the city began its moratorium, are still open.


On Wednesday, in late breaking news, the DEA raided three San Diego-area dispensaries. No reports yet on arrests.



Colorado

On January 3, the Boulder city council voted to enact an emergency moratorium on new applications for medical marijuana business licenses. The move came after a surprise request by City Attorney Tom Carr, who wants to review unintended consequences of rules the city adopted and who wants to see how a recent court case against the city by a dispensary operator shakes out. The moratorium will be in place pending a public hearing on February 7 in which the council will discuss a longer-term moratorium.

This week, two state legislators said they would propose a bill that would allow the medical marijuana industry to form a "financial cooperative" to provide banking services to medical marijuana businesses. The cooperative would work like a credit union, with membership limited to industry members. But it would be free of the kinds of federal insurance requirements that exist with banks and credit unions and that have made those institutions reluctant to work with medical-marijuana businesses. The bill is in response to federal pressure on banks that have led them to drop medical marijuana businesses. The two solons, Sen. Pat Steadman (D-Denver) and Rep. Tom Massey (R-Poncha Springs), said they would introduce the bill next week.

Florida

This week, medical marijuana bills were filed in the Florida House and Senate. This marks the second year in a row a bill has been filed in the House and the first time a bill has been filed in both chambers. (See our newsbrief on it here.)

Maryland

On Tuesday, a medical marijuana bill was introduced in the state House of Delegates. Introduced by Delegate Cheryl Glenn (D-Baltimore), HB 15, the Maryland Medical Marijuana Act, would create clear rules for qualified patients and law enforcement, and put in place a strictly regulated production and distribution system. HB 15 would also protect patients from housing and workplace discrimination, something that the workgroup failed to address.

Michigan

On Wednesday, a Lansing medical marijuana dispensary owner was acquitted of charges he violated Michigan's election laws. Shekina Pena, 34, the owner of Your Healthy Choice Clinic, was charged by Attorney General Bill Schuette's office with trying to influence voters after he offered free marijuana to patients who registered to vote. A jury found him not guilty.

This week, an initiative campaign to repeal marijuana prohibition in Michigan, largely inspired by Schuette's antics and obstructionism, is gearing up for its signature-gathering phase. Read our feature article about it this week here.

Montana

Last week, two members of a family of medical marijuana providers were negotiating a plea deal with prosecutors, making it unlikely that a Montana court will ever have the chance to determine if federal drug laws preempt the state's medical marijuana law. Richard and Justin Flor face pot possession, distribution, and conspiracy charges after Montana Cannabis was raided last spring along with dozens of other providers. They had said they would challenge the charges, but now it looks like that won't happen.

New Jersey

On December 28, the town of Plumsted temporarily banned medical marijuana cultivation farms. The township wants time to plan where such a facility might be appropriately located. Plumsted is the third local government to ban medical marijuana cultivation, following Upper Freehold and Howell Township.

On January 4, the Westampton Land Development Board denied a permit for a medical marijuana grow and dispensary. The Compassionate Care Foundation, which had sought to locate the facility there, said it would appeal to state Superior Court. Only one of six care centers allowed under the New Jersey medical marijuana program has so far found a location.

Oregon

On Monday, several dozen people protested in Grants Pass to protest what they called corruption in law enforcement when it comes to medical marijuana. They accused by name a Grants Pass detective and an assistant district attorney, saying they violated people's rights, falsified documents, and wrongfully submitted evidence. Police denied any wrongdoing.

This week, the US Supreme Court declined to hear appeals from two Oregon sheriffs of a state Supreme Court ruling that found they could not deny concealed hand gun permits to registered medical marijuana patients. The sheriffs had attempted to argue that to provide permits to patients would force them to violate federal gun laws, which bar controlled substance users from obtaining weapons. They lost in every court that heard the cases.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
January 18, 2012

Here's our weekly look at medical marijuana news from around the country. There's plenty going on--and late breaking news from California Wednesday afternoon.

California

On January 11, the city of Upland filed a motion that would allow it to close the G3 Holistic dispensary. The motion seeks to vacate a stay granted by the 4th District Court of Appeal in Riverside to G3 back in June. The co-op and the city disagree over whether the stay allows the dispensary to stay open despite an injunction granted to the city in August 2010 by the West Valley Superior Court in Rancho Cucamonga.

Also on January 11, Mendocino County officials confirmed that the feds are threatening to sue over the county's marijuana cultivation permit program. The warning was delivered during a meeting a week earlier, county officials said. The program is already suspended pending resolution of a court case about whether local governments can regulate activities prohibited by federal law. Supervisors will consider amending its medical marijuana ordinance at the January 24 meeting.

On January 12, Shasta County medical marijuana advocates fell short in their effort to gather enough signatures to force a recent county ordinance restricting marijuana growing onto a ballot before it became law that day. Nor Cal Safe Access needed 6,544 valid signatures to place a referendum on the ballot. Organizers didn't have an exact count, but said they gathered "thousands." It wasn't enough. The ordinance bans growing inside residences but allows it in detached accessory structures and sets limits for outdoor growing regardless of how many patients live at a residence.

Last Thursday, federal prosecutors filed a forfeiture complaint against the Sacramento Holistic Healing Center. The feds said the center had been warned in October it was operating within a thousand feet of an elementary school and high school and told to cease operations.

Also last Thursday, the owner of the Regenesis Health dispensary in Adelanto was arrested by San Bernadino County sheriff's deputies. Ramsey Najor, 69, of Hesperia was arresting for violating municipal codes and suspicion of assault on a peace officer after he dragged a deputy with his car as he fled the scene.

Also last Thursday, the Sonoma County Planning Commission recommended a cap on dispensaries in unincorporated areas of the county. The planners want to limit the number at nine. The Board of Supervisors will have to vote on it later. There currently are six permitted dispensaries in the unincorporated area of Sonoma County and another three pending applications. In addition there are four dispensaries within city limits: two in Santa Rosa, one in Cotati and one in Sebastopol. Those cities also have caps that prohibit additional shops. The remaining six cities in the county ban dispensaries.

Last Friday, Lake County authorities reported that dispensary numbers are dwindling. Supervisors decided last month that they are not authorized land uses in the county's jurisdiction and have moved forward with the abatement process to close them down. Of 10 dispensaries that were operating in unincorporated areas of the county, as few as three are still open.

Also last Friday, a second dispensary has opened in Murrieta despite a citywide ban. The Greenhouse Cannabis Club has been hit with thousands of dollars in fines and several code violations every day. Owner Eric McNeil said he plans to fight the ban in court. The first dispensary to open, the Cooperative Medical Group, which opened in July, is now closed by court order after going several rounds with the city's attorneys. They are still awaiting a final court decision in that case.

Also last Friday, the LA city council's Public Safety Committee approved a motion to ban dispensaries in the city. The motion now moves to the city council and Planning Commission, which next meets January 26. The motion would indefinitely shutter the estimated 300 dispensaries in the city. The motion is the work of Council Member Jose Huizar, who said he was responding to the Pack v. City of Long Beach ruling, which held that that city's ordinance, which is similar to LA's, violated federal law by attempting to regulate the sale of a federally banned drug.

On Tuesday, an East Palo Alto dispensary announced it was closing its doors because of threats from the feds. The Peninsula Care Givers Collective said it was losing its lease after its landlord received a letter from the federal government threatening to seize the building. The city had passed an ordinance in July banning dispensaries, but Peninsula Care Givers was already open by then and refused to close. The city had been pursuing civil remedies. East Palo Alto police Chief Ron Davis said the city had contacted the U.S. Attorney's Office for help in shutting down Peninsula Care Givers.

On Tuesday, the DEA and local law enforcement raided the Green Tree Solutions dispensary in Kearney Mesa. It was the fourth raid on a San Diego area dispensary in less than a week. The DEA raiders were met by protesting patients and advocates.

Also on Tuesday, the DEA raided three Costa Mesa dispensaries, along with their owners' homes. The targeted businesses were American Collective, Otherside Farms and Simple Farmer.

Also on Tuesday, the Monroe city council voted to extend a moratorium on dispensaries for 180 days, and will revisit the issue in 60 days.

Also on Tuesday, the Poway city council unanimously approved the first reading of an ordinance banning medical marijuana dispensaries, collectives and cooperatives.The ordinance will go into effect within 30 days if the council adopts it at its February 7 meeting.


On Wednesday afternoon, the California Supreme Court said it would review two controversial medical marijuana cases. In Pack v. City of Long Beach, the appeals court held that federal law preempted the city's ability to regulate dispensaries and in City of Riverside v. Inland Empire Patient's Health and Wellness Center, the appeals court held that cities could ban dispensaries altogether. The two rulings have been used by elected local officials to back away from regulating dispensaries and toward banning them.


Colorado

Last Thursday, federal prosecutors sent threat letters to 23 dispensaries and their landlords across Colorado warning that they must shut down within 45 days or "action will be taken to seize and forfeit their property." The letter was sent to dispensaries operating within 1,000 feet of a school.

Last Friday, state Sen. Steve King said he would reintroduce a drugged driving bill. The bill would set a per se limit on THC, meaning police would not have to prove actual impairment, only that the driver's THC levels exceeded the limit. Such laws are fervently opposed by the state's medical marijuana patients, who managed to block one last year.


Idaho

On Tuesday, a medical marijuana bill, HB 370, was introduced in the Idaho House. It is the brain child of Rep. Tom Trail (R-Moscow), who filed similar legislation last year. It got an informational hearing in the House Health & Welfare Committee, but didn't proceed. HB 370 would permit patients with debilitating medical conditions to be dispensed up to 2 ounces of marijuana every 28 days; they'd have to get it from state-authorized "alternative treatment centers."


Michigan

Last Thursday, the state Supreme Court heard oral arguments in a pair of medical marijuana cases that could clarify the state's murky law. In one case, the issues include when someone using marijuana must have consulted a doctor and received a state-issued registration card to be legally protected under the medical marijuana law. In the second case, the court must consider what constitutes an "enclosed, locked facility" under the law.

That same day, an Oakland County circuit court judge dismissed the case against seven employees of the Clinical Relief dispensary in Ferndale. Clinical Relief was the first dispensary raided back in August 2010, and since then Michigan's Court of Appeals has ruled that person-to-person marijuana sales through dispensaries are illegal, but that ruling hadn't been made when the Ferndale workers were arrested, so the judge dismissed the case. Oakland County Prosecutor Jessica Cooper said she plans to appeal.


Montana

Last Friday, federal prosecutors filed charges against four more people in their ongoing offensive against the medical marijuana industry in the state. They are 33-year-old Christopher Durbin, 40-year-old Justin Maddock, 29-year-old Aaron Durbin and 33-year-old Trey Scales. Christopher Durbin also is charged with structuring, or making bank deposits of less than $10,000 in order to avoid IRS reporting requirements.


New Jersey

On January 11, Assemblyman Declan O'Scanlon said he would file a bill that would keep the state's medical marijuana growers from running afoul of zoning laws. The move comes after several New Jersey communities have blocked dispensaries or grows through zoning laws.

Last Thursday, Gov. Chris Christie (R) said he would not force towns to allow medical marijuana facilities. He said he would veto O'Scanlon's bill if it came to that.

On Wednesday, patients and supporters rallied at the statehouse steps in Trenton to protest Gov. Christie's failure to implement the state's medical marijuana law. The protest and press conference came two years after the measure was signed into law. There are still no dispensaries in New Jersey.


Ohio

Last Thursday, backers of a medical marijuana initiative filed language with Attorney General Mike DeWine in a first step toward getting the measure on the November ballot. The Ohio Medical Cannabis Amendment of 2012, accompanied by nearly 3,000 signatures, will be submitted to DeWine to review the language summarizing the proposal. This is the second time the amendment has been submitted; the first proposal was rejected last year after DeWine said it did not fairly summarize the measure. If approved, backers will need to collect 385,245 signatures to get it on the ballot. A competing proposal, the Ohio Alternative Treatment Amendment, has already been approved for signature gathering.


Virginia

Last Thursday, a bill, House Joint Resolution 139, requesting the governor to seek rescheduling of marijuana was filed in Richmond. Governors in four medical marijuana states have already called for rescheduling.


Washington, DC

On Tuesday, the DC city council approved emergency legislation limiting the number of marijuana cultivation permits in each ward to six. The measure came after residents of Ward 5 complained that because zoning restrictions closed off large swathes of the city to grows, their neighborhoods would be inundated


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Medical Marijuana Update

by Phillip Smith,
January 25, 2012

Medical marijuana is an active issue around the country, and especially so these days in California. Here's the latest:


Arizona

Last Friday, Gov. Jan Brewer gave up her fight against medical marijuana dispensaries in the state. Her decision came after having her challenges thrown out in both federal and state court. Last Friday, she directed state officials to begin implementing the law to allow dispensaries to apply to operate.


California

The clock is ticking on Senate Bill 129, introduced by Sen. Mark Leno (D-San Francisco). The bill would provide medical marijuana patients with protection from workplace discrimination. The legislature must act on the bill by month's end or it dies. It's the same story with Assembly Bill 1017, introduced by Rep. Tom Ammiano (D-San Francisco), which would allow for reduced misdemeanor charges in cultivation cases.

Last Tuesday, the Colusa City Council voted unanimously to extend its ban on dispensaries to another full year. The ordinance goes into effect immediately. This is the last extension on the temporary ban; after this, the city will need a permanent ordinance to spell out the restrictions.

Last Wednesday, federal agents raided the Disabled American Veterans Collective in Murrieta. The owner, Kevin Freeman of Temecula, and one other person were arrested on suspicion of possession of marijuana for sale. Federal search warrant documents accused Freeman of operating a for-profit business that would sell marijuana to people without medical conditions. But Freeman said his operation was "a true collective." The dispensary had previously seen customers pulled over by deputies after leaving the premises and been the subject of an undercover buy by a deputy who fraudulently obtained a medical marijuana recommendation.

Also last Wednesday, the US Attorney for Southern California announced that federal prosecutors over the past week have filed four asset forfeiture lawsuits against properties housing marijuana storefronts in Los Angeles and Orange counties and have sent warning letters to property owners and operators of "illegal marijuana stores" in several Southland cities. They also sent threat letters to dispensary operators and property owners of the nearly two dozen dispensaries operating in Costa Mesa. The feds also raided three Costa Mesa dispensaries.

Also last Wednesday, Glenn County supervisors moved ahead with an ordinance that would ban dispensaries, collectives, and co-ops, but would allow backyard grows for patients. The county's emergency moratorium ordinance expires in March.

Last Thursday, the California Supreme Court decided to hear four medical marijuana cases in a bid to restore same clarity to the state's muddled medical marijuana laws. The cases revolve around state-federal and state-local conflicts, and mixed rulings in lower courts have led to massive confusion in the state.

Also last Thursday, Californians to Regulate Medical Marijuana announced it had filed a medical marijuana regulation initiative with the state last month. The campaign expects to be okayed for signature-gathering early next month and has until April 20 to gather more than 500,000 valid signatures to make the November ballot. See our feature story on it here.

Last Friday, prosecutors in San Luis Obispo County announced they were dropping the charges against six people arrested in 2010 for running medical marijuana delivery services. Prosecutors threw in the towel after a judge issued jury instructions that allowed the defendants to argue that they thought an undercover officer who infiltrated them was part of their collective. That would make the case tough to win, prosecutors said.

Also last Friday, a judge in Riverside rejected a restraining order sought by the city of Murrieta against a newly opened medical marijuana collective. The Greenhouse Cannabis Club can stay open pending a February 17 hearing, even though Murrieta has a moratorium on dispensaries, the judge ruled.

On Monday, federal agents and Riverside County sheriff's deputies raided six suites containing medical marijuana operations in a business park north of Murrieta. The lawmen became aware of the operations while raiding a neighboring dispensary last week. Three people were arrested on marijuana cultivation charges. The raids were led by the DEA.

Also on Monday, the Calexico Planning Commission approved a ban on dispensaries. The proposed ban will now go before the city council.

On Tuesday, San Francisco announced it would begin issuing dispensary permits again after the state Supreme Court agreed to hear four medical marijuana cases that could clarify state law. In doing so, the high court vacated a case, Pack v. Long Beach, that said city or county laws regulating medical marijuana violated federal law. Now that Pack has been vacated, city officials said the permitting process can resume as normal. The following day, the city changed its mind.

Also on Tuesday, Mendocino County supervisors voted to kill the county's medical marijuana permit program after receiving threats of legal action from Northern California US Attorney Melinda Haag. The innovative program allowed collectives to grow up to 99 plants per parcel, with each plant tagged by the sheriff's office.

Also on Tuesday, Humboldt County supervisors voted unanimously to extend a temporary moratorium on new medical marijuana dispensaries for an additional 10 months and 15 days. The supervisors also added language to the ordinance that is meant to protect existing dispensaries from closure. Three dispensaries currently operate in the county.

Also on Tuesday, the Whittier city council voted to impose a 45-day moratorium on new dispensaries, citing the Pack v. Long Beach ruling and ignoring the fact that the state Supreme Court vacated it last week. That means the number of dispensaries in the city is capped at one -- the Whittier Hope Collective, which opened in July 2010 after the council approved a conditional use permit. Although the moratorium is only for a month and a half, the council indicated it intended to maintain the status quo until the Supreme Court decides Pack and other medical marijuana cases.

Lastly, on Tuesday, a judge in Live Oak heard arguments in a civil lawsuit brought against the city over its ban on growing medical marijuana. James Maral sued after the city council last month approved the ban on even personal grows, saying it would force him to make "cruel choices." The lawsuit accused the city of running afoul of state law (Proposition 215), which allows patients to grow their own medicine. The city had acted after complaints from residents about the "stench" of marijuana and fears of violent robbery attempts. The judge refused to issue a temporary injunction because he had not seen the ordinance, but left open the possibility of revisiting the decision at a later date.


Colorado

Last Thursday, Colorado US Attorney John Walsh told the Denver Post that evidence medical marijuana is having a negative impact on kids spurred his decision to crack down on dispensaries near schools. The comments came days after he sent letters to 23 dispensaries within 1,000 feet of schools. The letters ordered the dispensaries to close by Feb. 27 or face potential criminal prosecution or seizure of assets.

On Monday, Law Enforcement Against Prohibition sent a letter to Colorado US Attorney John Walsh saying his threats and actions against medical marijuana providers are "a disservice to the state of Colorado." The letter was signed by LEAP director Neill Franklin and two Colorado law enforcement figures, former municipal court Judge Leonard Frieling and retired Denver police officer Tony Ryan.

On Wednesday, medical marijuana supporters organized by Sensible Colorado did a mass phone-in to their US congressional representatives urging them to help call off the federal crackdown and support the state's medical marijuana program.


Indiana

Earlier this month, state Rep. Tom Knollman (R) introduced a medical marijuana bill, HB 1370, which calls upon the Indiana Department of Health to develop a regulatory framework for the growth and distribution of medical marijuana through dispensaries and to register patients with debilitating medical conditions. This is the first medical marijuana bill introduced in the state in recent memory.


Kansas

On Tuesday, a medical marijuana bill got a hearing in the House Health and Human Services Committee. The bill, the Kansas Compassion and Care Act, was introduced by Rep. Gail Finney (D-Wichita). Previous medical marijuana bills have been stalled in committee, and the committee took no action on this one Tuesday. Meanwhile, supporters of the bill packed the hearing room and demonstrated outside before the hearing.


Maryland

Maryland House Delegate Cheryl Glenn (D-Baltimore) has introduced a comprehensive medical marijuana bill that would replace a bill passed last year as a stop-gap measure while the state appointed a workgroup to further study the issue. House Bill 15, the Maryland Medical Marijuana Act, would create clear rules for qualified patients and law enforcement, and put in place a strictly regulated production and distribution system. A measure passed last year created minimal protections for patients but did not set up a distribution system. That measure created a working group to come up with proposals for this year, but neither of those proposals includes allowing patients to grow their own. Glenn's bill does. It now awaits committee hearings.


Montana

Last Thursday, the owner of the Big Sky Health Health dispensary in Missoula pleaded not guilty in federal court to a charge of conspiracy to manufacture and distribute marijuana. Jason Washington is one of six defendants in an indictment that followed federal raids last November on numerous businesses, homes and warehouses linked to marijuana businesses in western Montana. Washington is a former quarterback for the University of Montana Grizzlies, and the feds even seized his Big Sky championship ring, as well as 80 pounds of marijuana and $232,000 in cash.

Last Friday, a federal judge ruled that Montana's medical marijuana law doesn't shield providers of the drug from federal prosecution. US District Judge Donald Molloy dismissed a civil lawsuit by 14 persons and businesses that were among those raided by federal authorities last year. He cited the Constitution's supremacy clause. "Whether the plaintiffs' conduct was legal under Montana law is of little significance here, since the alleged conduct clearly violates federal law," Molloy wrote. "We are all bound by federal law, like it or not."


New Jersey

Last Friday, the New Jersey Supreme Court declined to hear the appeal of John Ray Wilson. Wilson, an MS patient, was sentenced to five years in prison for growing his own medicine in his back yard. He had been out on appeal, but now must resume serving his sentence. Wilson was not allowed to tell his jury why he was growing marijuana plants. Supporters, including legislative leaders, have campaigned for clemency for Wilson, to no avail.


Ohio

Last Friday, Ohio Attorney General Mike DeWine certified a medical marijuana ballot issue, and on Monday, the Ohio ballot board gave its okay. The Ohio Medical Cannabis Amendment campaign can now begin signature gathering. It needs some 385,000 valid voter signatures to make the November ballot. This is the second Ohio medical marijuana initiative to be certified for the 2012 campaign. The Ohio Alternative Treatment Amendment was approved in October.


Washington

On Monday, the city of Bellingham revoked the registrations of medical marijuana dispensaries after deciding that dispensaries were not legal under state or federal law. The city has not yet decided what to do about dispensaries that are already operating there, but at least one said it would reopen as a private, members-only club next month.


Washington, DC

On Monday, a hydroponics superstore known as the "Walmart of Weed" announced it would open a store in the nation's capital in March. WeGrow sells all of the products and services one would need to grow marijuana or other indoor plants, but does not sell the plant itself. The company said it had signed a lease for a property on Rhode Island Avenue NE. The company already operates superstores in Oakland, Sacramento and Phoenix.


stopthedrugwar

Hey Eddie:

Just thought I'd grab this opportunity to say THANKS!
I really appreciate these regular posts detailing recent MMJ updates

Ya, I'd like to second that. There's some fine reading in there. I just love facts.

Medical Marijuana Update

by Phillip Smith,
February 01, 2012


National

Last Thursday, Americans for Safe Access filed an appeal brief in the DC Circuit to compel the federal government to reclassify marijuana for medical use. In July 2011, the federal Drug Enforcement Administration (DEA) denied a petition filed in 2002 by the Coalition for Rescheduling Cannabis (CRC), which was denied only after the coalition sued the government for unreasonable delay. The ASA brief filed is an appeal of the CRC rescheduling denial.


Alabama

The Michael Phillips Compassionate Care Act (House Bill 25), which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health.


California

Last Tuesday, Union City issued a temporary ban on dispensaries, suspending the approval of business licenses or permits for medical marijuana dispensaries and their operations for 45 days. But the recently opened CHA Wellness Center was still operating as of the weekend and said it had every right to. City officials disagree.

Also last Tuesday, the Fresno city council voted to extend a temporary moratorium on outdoor grows for another 10 months after Police Chief Jerry Dyer told the council the grows were a magnet for crime and violence. Fresno Police say there have been at least five shootings and one homicide as the result of outdoor growing operations within the city limits. Police say many big marijuana growing operations have already moved indoors. Dyer said he expected to have a permanent outdoor cultivation ordinance ready by April.

Last Friday, San Jose Mayor Chuck Reed issued a memo calling for the city to kill its medical marijuana ordinance. He cited the California Supreme Court's decision to review four medical marijuana cases dealing with varying interpretations of the state's law, as well as potential ballot initiative that could go before the voters in November. The city will remain in talks with dispensaries and will continue to collect taxes on them.

On Sunday, the last dispensary in La Puente closed its doors in response to the ongoing federal crackdown. La Puente Co-op was the last of three city dispensaries to go out of business in response to threat letters from the Southern California US Attorney. Azusa Patient Remedies and Trinity Wellness Center shut down the previous week. The San Gabriel Valley town was once home to 10 dispensaries.

On Monday, the Union of Medical Marijuana Patients said it had provided the Los Angeles city council with two motions to regulate dispensaries. The move comes as the council inches toward a total ban. The first motion, "public nuisance abatement," proposes that city officials start enforcing current laws to deal with complaints like loitering and sales to minors, just as the police handle such problems around liquor stores. The second motion calls for a "ban with abeyance" or a soft ban, which would create a ban that allows patient associations to prove that they that are operating in compliance with local and state law, allowing the ban to be held in abeyance as long as they continue to be in compliance.

Also on Monday, narcotics officers from the LAPD Devonshire Division raided and shut down the last dispensary in Chatsworth in the San Fernando Valley. The raid was at the Herbal Medical Care facility, and three people were arrested for suspicion of possession of marijuana for sale, 50 pound of marijuana and 156 plants were seized, and so were the dispensary's medical records. Police vowed to "target" some 200 other San Fernando Valley dispensaries. Since December 2008, police in the Devonshire Division have shut down 37 of what were once 60 dispensaries operating there.

Also on Monday, San Francisco announced it would resume licensing and inspecting dispensaries. The move comes after the agency said last week that the application process was suspended. Under clarified rules, existing dispensaries must sign a statement swearing that all medical marijuana sold on-site is cultivated in California and comes from a grower who is a member of the dispensary's nonprofit collective. New applications stopped being processed in December following a ruling in a state appeals court. In that case, Pack vs. the City of Long Beach, the court ruled that California cities violated federal law by regulating and permitting medical marijuana. That ruling was vacated when the California Supreme Court agreed to hear an appeal, and San Francisco's city attorney gave the health department the green light to resume its program January 20, but the department had announced last week that all applications were still on hold indefinitely.

On Tuesday, the San Francisco controller's office reported that dispensaries in the city did an estimated $41 million in sales last year, generating $410,000 in medical marijuana sales tax revenues.

Also on Tuesday, Senate Bill 129 died for lack of action in the state legislature. Introduced by Sen. Mark Leno and sponsored by Americans for Safe Access, the bill would have protected the employment rights of medical marijuana patients.

Also on Tuesday, DEA agents and local law enforcement raided the Balboa Medical Center in Kearney Mesa, near San Diego. They seized medicine and medical records, but made no arrests.The raid came after similar raids on dispensaries in the area last week.


Hawaii

House Bill 1963, which seeks to restrict the state's medical marijuana program and remove chronic pain as a qualifying condition for patients, is set for a hearing Thursday in the House Committees on Health and Public Safety and Military Affairs.


Montana

On Monday, the Missoulian reported that DEA agents investigating medical marijuana distribution had asked witnesses whether state Sen. Diane Sands (D-Missoula) might be involved in a marijuana conspiracy.Sands has been deeply involved in the state's battles over medical marijuana. She is not the only legislator being looked at; at least one more said he would not speak publicly for fear of "additional harassment."


Vermont

The Vermont Department of Public Safety has announced guidelines for the state's first medical marijuana dispensaries. Dispensaries must operate as nonprofits and must be more than 1,000 feet from schools or daycare facilities. Would-be operators will have to pay $2,500 just to apply for one of the four dispensary certificates. If approved, dispensaries would pay the state $20,000 dollars for the first year, and $30,000 in the years to follow. Patients can go to dispensaries by appointment only, and only one patient at a time is allowed in the dispensary. There are also stiff requirements for inventory control, building security, and background checks for operators and employees.


Virginia

On Tuesday, the House Rules Committee killed a resolution that would have asked the governor to petition to DEA to reschedule marijuana. The resolution had been filed by Delegate David Englin (D-Alexandria).


Washington

Last Thursday, 42 state legislators signed a letter asking the DEA to reschedule marijuana so that it could be prescribed and sold in pharmacies. That same day, lawmakers introduced a resolution to the same effect. It is scheduled for a hearing Friday in the Senate Health and Long-Term Care Committee. The letter and resolution piggyback on Gov. Christine Gregoire's existing petition to reschedule marijuana, which is also supported by a handful of other states.


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