Medical Marijuana Update

by Phillip Smith,
April 04, 2012, 06:43pm


Monday's federal raid on Oaksterdam University in Oakland has ignited a firestorm of criticism of heavy-handed federal efforts to clamp down on medical marijuana distribution. Meanwhile, battles continue to be fought from Washington, DC, to local city halls.


National

On Monday, lawmakers from five states urged the Obama administration to back off from its policy of interference in state medical marijuana programs. The lawmakers are Assemblyman Tom Ammiano (D-CA), Sen. Jeanne Kohl-Welles (D-WA), Rep. Antonio Maestas (D-NM), Sen. Cisco McSorley (D-NM), Assemblyman Chris Norby (R-CA), Rep. Deborah Sanderson (R-ME) and Sen. Pat Steadman (D-CO). They called on President Obama to live up to his campaign promise to leave the regulation of medical marijuana to the states, adding raids would only "force patients underground" into the illegal drug market. "Please respect our state laws," the lawmakers wrote. "And don't use our employees as pawns in your zealous and misguided war on medical marijuana"

On Tuesday, former New Mexico Gov. Gary Johnson criticized the Oaksterdam raids, saying the Obama administration needs to "find better things to do with our tax dollars than raiding Richard Lee's home in selective enforcement of a bad law." Johnson, who governed as a Republican, is seeking the Libertarian Party presidential nomination this year.

On Wednesday, six national drug policy groups called on the Obama administration to end its assault on medical marijuana providers. They were the Drug Policy Alliance, Law Enforcement Against Prohibition, the Marijuana Policy Project, the National Cannabis Industry Association, the National Organization for the Reform of Marijuana Laws, and Students for Sensible Drug Policy. "You have turned your back as career law enforcement officials have run roughshod over some of the most professional and well-regulated medical marijuana providers," the groups said in a letter to President Obama, Attorney General Eric Holder, and drug czar Gil Kerlikowske. "We simply cannot understand why you have reneged on your administration’s earlier policy of respecting state medical marijuana laws…."We hope that you will immediately reconsider your drug control strategy and will work with, not against, states and organizations that are attempting to shift control of marijuana cultivation and sales, at least as it applies to medical marijuana, to a controlled and regulated market."


California

Last Monday, three San Francisco supervisors expressed concerns about the city Health Department's stance on medical marijuana. Supervisors David Campos, Scott Wiener, and Christina Olague signed on to a letter to the department questioning "some recent media statements" from the department, especially regarding its decision—since rescinded—to ban edible medical marijuana products.

Last Thursday, collective members in Murrieta said they were being targeted by police. The conservative Riverside County town is in an ongoing fight with the Green House Cannabis Collective, and collective members told Fox LA that police were pulling them over on pretexts to search their vehicles. One patient and volunteer showed Fox LA a GPS tracking device he found attached to his vehicle after being pulled over by police. The property owner of the collective said he was being fined $109,000, but that city officials offered to drop the fine if he would evict the collective. City officials had no comment, but one told the station off-camera that they don't want marijuana businesses in their city. Period.

Also last Thursday, an Arcata woman sued the city and the police over a raid at her home. Barbara Sage, 64, alleges that officers had an unlawful search warrant and used excessive force in investigating marijuana cultivation at the residence she shared with her husband. She argues that police didn't have sufficient probable cause for the search because they failed to present any evidence that the Sages' suspected marijuana cultivation fell outside the bounds of state and local medical marijuana laws and regulations. The Sages had grown medical marijuana in compliance with state law and local regulations, but were not growing any when police arrived. Aside from the probable cause issue, Sage argues that police violated the "knock-notice" rule, which requires them to announce their presence and that they are serving a warrant when entering someone's home, and that Hoffman failed to include a statement of expertise and qualifications to support the warrant. She also claims officers used unnecessary force when they came into her home with guns drawn, allegedly pulled her sick husband from bed -- tearing oxygen tubes from his nose -- and put him on the ground in handcuffs. "This rough treatment affected his mood drastically, and he went into a state of depression after the search that hastened his death," the suit claims.

Last Friday, an appeals court ruled that a dispensary does not owe the city of Dana Point $2.4 million. The city had shut down the Beach Cities Collective in January 2011, alleging violations of building codes and state law, and the two sides have been embroiled in lawsuits ever since. The city won the $2.4 million summary judgment from an Orange County Superior Court judge, but the 4th District Court of Appeals threw out the judgment, finding that it was improper because the facts in the case are still in dispute. The city has spent $400,000 trying similar tactics against two other dispensaries. Once there were six dispensaries in Dana Point; now, there are none.

Also last Friday, Vallejo police raided the same dispensary for the second time in a month. Police hit the Better Health Group and arrested owner Jorge Espinoza, 25, and three workers on suspicion of selling marijuana. That makes the fourth dispensary raid in the city since February 21. Better Health was raided the first time on February 29. The city has passes a measure to tax dispensaries, but its police continue to raid them anyway.

Also last Friday, medical marijuana regulation initiatives were announced in five cities in the San Diego area. The cities are Encinitas, Del Mar, Solana Beach, Lemon Grove and La Mesa. The proposed ballot measures largely mirror one planned for the city of San Diego. All are being coordinated by Citizens for Patient Rights in connection with the Patient Care Association, a trade organization of and for nonprofit dispensaries. None of the five cities currently allow medical marijuana dispensaries. A judge last year ordered the lone collective in Del Mar closed. A separate group of medical marijuana supporters has launched a citizen-initiated petition to reverse a dispensary ban in Imperial Beach.

On Saturday, San Francisco's HopeNet Cooperative stayed open in defiance of federal threats. US Attorney Melinda Haag had warned the dispensary's landlords it had to close by last Friday or the property could be seized and the owners imprisoned. Similar letters from Haag have led five other San Francisco dispensaries to shut down since October 7. The letters warn of 40-year prison terms and asset forfeitures if the "marijuana distribution" is not stopped.

On Monday, DEA and other federal agents raided Oaksterdam University, associated businesses, and the home of Oaksterdam founder Richard Lee. Lee was briefly detained, but later released without charges. DEA and IRS agents accompanied by US marshals seized seedlings, computers, and records, effectively shutting down the school, although it has vowed to reopen. Oakland police had to provide crowd control for the feds as angry emergency response protestors spilled onto Broadway.

On Tuesday, hundreds of medical marijuana supporters rallied in San Francisco. Although the rally had been planned in advance of Monday's Oaksterdam raids, the federal assault on the movement icon energized and outraged attendees, who marched from city hall to the federal building to tell US Attorney Melinda Haag to knock it off. The rally drew support city supervisors, state legislators, and state officials.

Also on Tuesday, a Los Angeles judge denied a business license for a medical marijuana testing lab. Golden State Collective Cannabis Laboratories had sought the license, but was denied by city officials. A Los Angeles Superior Court judge upheld the city's decision.

On Wednesday, Los Angeles NORML director Bruce Margolin announced he is running for Congress. He is challenging veteran Democratic Congressman Henry Waxman in the newly created 33rd District. He emphasized ending the failed war on drugs in his announcement.

Also on Wednesday, a Butte County judge denied a motion to suppress the evidence in a medical marijuana case that is fueling outrage over the seizure of children from their parents. Daisy Jean Bram and Jayme Jeff Walsh are charged with marijuana cultivation and sales as well as child abuse charges—apparently for nothing more than having children in a home where marijuana was being grown. Earlier, a judge had thrown out the child abuse charges, saying there wasn't sufficient evidence for them, but Butte County prosecutors refilled them. The children have since been returned to Bram's care.


Arizona

On Tuesday, Gov. Jan Brewer (R) signed a bill barring medical marijuana on college campuses. The law prohibits the possession or use of medical marijuana at public universities, community colleges, and child-care facilities. The bill was the brainchild of Rep. Amanda Reeve (R-Phoenix) and was supported by prosecutors. Medical marijuana advocates foresee a legal challenge on state constitutional grounds.


Colorado

On Tuesday, the state announced it is cutting its medical marijuana regulatory staff because the state isn't collecting enough revenues from licensing fees to pay for them. The Department of Revenue said it would lay off 20 of 37 staffers at the Medical Marijuana Enforcement Division. The department blamed the shortfall on a state moratorium on medical marijuana licenses, which is set to end this summer.


Maine

Last Wednesday, Portland saw its first dispensary open for business. The dispensary will eventually serve about 100 patients. It is the second Wellness Connection of Maine dispensary to open in the state.


Michigan

Last week, the House Judiciary Committee approved four medical marijuana bills that compromise patients' rights. The Marijuana Policy Project says it will absolutely oppose one and will oppose two more if not amended. Click the link above for details on the bills.


Montana

On Tuesday, four medical marijuana providers suing the federal government were arrested on federal drug charges. The attorney representing the four in their civil lawsuit over last year's raids on medical marijuana businesses across the state said they were indicted on Tuesday and last Thursday. The lawsuit challenging the constitutionality of the searches of more than 26 homes, businesses and warehouses is before the 9th US Circuit Court of Appeals. Their claim was rejected by a district judge in January.


Ohio

Last Wednesday, the Ohio Medical Cannabis Amendment campaign held a press conference to kick-start its signature-gathering effort. They have until July 4 to turn in 385,000 valid voter signatures in order to make the November ballot.


Washington, DC

Last Friday, DC officials selected six growers for the city's medical marijuana program. Later this summer, the city will select up to eight dispensary operators. By then, the chosen growers should have a crop to provide to the dispensaries, and the law approved by voters in 1998, but blocked by Congress until 2009 will finally be in effect.

Also on Friday, the weGrow medical marijuana superstore opened on Rhode Island Avenue NE. The supplier of lights, hydroponic equipment and other growers' goods advertises itself as "the one-stop-shop for the products and services one would need to grow plants indoors — from tomatoes to medical marijuana."


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Medical Marijuana Update

by Phillip Smith,
April 11, 2012


The federal offensive against dispensaries in California and Colorado continues, even as more state legislatures take up medical marijuana.


California

Last Wednesday, the Larkspur city council approved a moratorium on dispensaries. A 45-day moratorium passed on a 4-0 vote and could be renewed for up to a year. The city has banned dispensaries since 1997, but city staff warned that given recent state appeals court rulings, its ban could be unlawful, so it opted for the moratorium as a fall-back.

On Friday, San Francisco Mayor Ed Lee issued a statement in support of safe access to medical marijuana. He said he was "concerned about recent federal actions" targeting dispensaries and agreed that federal raids should not be occurring. The notoriously controversy-averse mayor was prodded to speak out by Americans for Safe Access, which earlier last week had mobilized a majority of the city's board of supervisors to publicly state their support.

Also on Friday, Oaksterdam University founder Richard Lee said he will give up ownership of his medical marijuana-related businesses. The move came days after Oaksterdam and related businesses were raided by DEA agents, as well as the IRS and US marshals. Oaksterdam University will shut down at its current location at the end of the month and will try to reopen in a smaller, more affordable location, said Dale Sky Jones, the school's executive director and prospective owner. Lee said he thought he was being investigated for tax offenses. His Blue Sky dispensary was audited in 2010, and the IRS determined that it was not eligible to deduct standard business expenses, resulting in a substantial penalty.

As of Monday, three San Francisco dispensaries targeted by the feds were still open despite a federal demand that they close by last Friday. The three dispensaries and their landlords were targeted for being too close to schools. Five other dispensaries in the city that were targeted earlier have shut down, but for now, at least, HopeNet, 208 Valencia, and Mission Caregivers are still in business.

On Monday, a zero-tolerance drugged driving bill was amended to no longer apply just to marijuana, but to any non-medical use of controlled substances. Because the bill's language says it will not apply "when the controlled substance was administered, dispensed, or prescribed by a person licensed by the state to administer, dispense, or prescribe controlled substances," medical marijuana users could still be subject to arrest since it cannot be prescribed.

As of Wednesday, Americans for Safe Access lists five bills related to medical marijuana that are alive in Sacramento. Check the link to see the good, the bad, and the ugly.


Colorado

On Wednesday, 11 medical marijuana groups sent a letter to US Attorney John Walsh asking him "to respect these licensed businesses and the ailing Coloradans they assist." The letter comes a week after Walsh sent out a second round of threat letters, this time targeting 25 dispensaries.


Maryland

On Monday, the Maryland legislature adjourned without passing any medical marijuana bills. Both the Senate and House had passed bills that would have expanded the affirmative defense law for marijuana possession passed last year to include caregivers, but the session ended without both chambers passing the same bill. This after an earlier effort to create regulated access to medical marijuana was stifled by a veto threat from Gov. Martin O'Malley (D).


Massachusetts

On Tuesday, a pair of medical marijuana bills got a hearing before the Public Safety Committee. But after the hearing, the bills were "sent to study," which typically means the legislation is dead. That would open the way for voters to decide the issue for themselves in November. Backers of a ballot question on the issue need only 11,485 signatures by July 3 to make the ballot.


New Hampshire

On Tuesday, a medical marijuana bill got a hearing before the House Health, Human Services and Elderly Affairs Committee. The bill, Senate Bill 409, has already passed the Senate, but encountered familiar resistance from law enforcement officials, who doubted claims made about marijuana's medical benefits and raised concerns about crime associated with the drug. Sen. Jim Forsythe (R-Strafford) told the panel he had met with Gov. John Lynch last week and that Lynch was "looking the bill over." That could be a positive sign, given Lynch's previous threats to veto the legislation. The bill was referred to a subcommittee, which is expected to take up the bill next Tuesday.


New Jersey

Last Wednesday, a patient filed a lawsuit against the state over delays in starting the state's medical marijuana program. Patient Richard Caporusso alleges that Gov. Chris Christie (R) and his administration have been implementing rules for medical marijuana distribution that are "designed with the intent" to thwart the program. New Jersey's law was passed in January 2010, but no dispensaries are yet open.


New York

On Monday, Gov. Andrew Cuomo (D) put the kibosh on medical marijuana legislation pending in the Empire State. He said the issue should be reevaluated after more research has been conducted. "I understand the benefits. But there are also risks, and I think the risks outweigh the benefits at this point," he said, adding that there would not be time to debate any bill on the subject before the session ends in June.


Tennessee

Last Wednesday, a medical marijuana bill died in the state legislature. Sponsor Rep. Jeanne Richardson (D-Memphis) withdrew the Safe Access to Medical Cannabis Act (Senate Bill 251/House Bill 294) after a hearing in the House Health and Human Resources Committee. She said she will bring it back after the fall election campaign. The bill had surprisingly passed a Republican-led subcommittee earlier in the month, allowing the hearing to take place.


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Medical Marijuana Update


by Phillip Smith,
April 18, 2012

It's taken ever so long, but it now looks like dispensaries will soon be operating in New Jersey and Washington, DC. Meanwhile, the battles over medical marijuana continue across the country. Let's get to it:




Arizona

Last Wednesday, the state announced it would begin accepting dispensary applications next month. The Arizona Department of Health Services said it will accept applications for medical marijuana dispensaries from May 14 through May 25. Voters approved medical marijuana in November 2010, but Gov. Jan Brewer (R) dragged her feet on approving dispensaries, citing fears of federal prosecution of state employees. She lost in federal court. The health department will announce which dispensaries are awarded licenses on August 7.


California

Last Tuesday, a proposal to shut down dispensaries in Vallejo died in a split city council vote.Mayor Osby Davis had proposed sending cease and desist orders to the city's dispensaries, but the motion failed on a 3-3 vote. Later in the same meeting, the council voted 5-1 to have City Manager Dan Keen send a policy-clarifying letter, and warning, to all dispensaries. Keen's pending letter is expected to include information on the city's new medical marijuana business tax, approved by voters in November, and a reminder that the tax does not provide dispensaries with immunity to law enforcement. The letters are also to include an explanation of laws the city enforces in regard to dispensaries and a warning that dispensaries are subject to further potential raids. Several raids have occurred since late February, and operators have been arrested for allegedly violating state laws.

Also last Tuesday, a Murrieta dispensary won a victory in court when a Riverside Superior Court judge ruled this week that the city cannot bar it from opening. The Cooperative Medical Group might not reopen, though, because if it does, it could face another lawsuit from the city for violating a temporary moratorium on dispensaries. The moratorium runs through October 2013.

Last Thursday, the San Francisco Planning Commission approved a permit for a new dispensary in the SOMA district. That's the fifth new dispensary approved by the commission in the last two months. Five is coincidentally the number of dispensaries forced to close recently under federal threat. The city Planning Department staff had recommended the permit not be approved, but commissioners overrode them.

Also last Thursday, Orange County deputies raided the Charles Café, a small dispensary that was the last one remaining in Lake Forest. It was the third raid on the dispensary in the last six months, and now the Charles is shut down. The Orange County Sheriff's Department said it had executed a search warrant there, but had no information about any arrests or seizures. Lake Forest once had 40 dispensaries, but Lake Forest City Attorney Scott Smith wrote to the US Attorney for Southern California seeking assistance and got it. The feds cracked down on dispensaries, including a November 2011 raid on the Charles. It had already been hit by Orange County deputies the previous May.

Last Friday, two Long Beach dispensary operators won a new trial after the judge in their case sent a complimentary letter to prosecutors after they were convicted on marijuana sales and related charges but before they were sentenced. Joe Grumbine and Joe Byron saw their convictions thrown out after an appeals court found that Long Beach Superior Court Judge Charles Sheldon had a strong bias against a medical marijuana defense. The pair has maintained there was no illegal activity at the cooperatives, two in Long Beach and one in Garden Grove, but that they were the victims of overzealous police and prosecutors.

On Tuesday, a bill to regulate medical marijuana distribution statewide won a vote in the Assembly Public Safety Committee. The bill, AB 2312, introduced by Assemblyman Tom Ammiano (D-San Francisco), would also prevent most bans on cooperatives and collectives and limit the amount of taxes cities and counties can collect.

Also on Tuesday, a bill that would have required state-issued ID for patients was dropped. The bill, AB 2465, introduced by Assemblywoman Nora Campos, was challenged as an unconstitutional violation of patients' rights under Proposition 215.

Also on Tuesday, a replacement for Richard Lee as head of Oaksterdam University was announced. Stepping up is Dale Sky Jones, who had been executive chancellor at the university and who had worked with Lee on the Proposition 19 campaign in 2010.The Douglas City Council extended its marijuana ordinance another 60 days despite one member’s fear the city was just stalling on the issue.


Colorado

Last week, a Fort Collins initiative campaign to overturn a dispensary ban got underway. Medical marijuana supporters filed a petition notice with the city clerk's office, and once the wording is approved, they will have 60 days to collect 4,214 valid voter signatures. If they do, the measure will appear on the November ballot.


Delaware

Last Thursday, the state issued proposed regulations for the medical marijuana program. The Department of Health and Social Services proposal does not include regulations for dispensaries. The department is taking public comment on the regulations through April 30.


Maine

Last weekend, a medical marijuana exposition in Augusta attracted hundreds of people. The Canna Maineia Medical Marijuana Exposition also featured live music and dozens of vendors. Much of the conference focused on providing information to patients on how to grow their own medicine.


Michigan

Last Friday, police raided a South Haven dispensary and arrested one man. The target was Tranquility Central, which police searched in an investigation into the "illegal sale and distribution" of marijuana.

On Tuesday, medical marijuana supporters demonstrated at the state capitol to protest proposed changes in the state's medical marijuana law. Legislators are considering a package of bills they say will clarify the voter-approved law, but patients say the changes infringe on their rights. The four bills have made it out of committee and await a House floor vote. HB 4834 would require a photograph for medical marijuana patient registration cards, extend the expiration from one to two years, and would allow law enforcement officers or officials to access medical marijuana patient information. HB 4851 attempts to clarify the definition of “bona fide physician-patient relationship,” which is required for medical marijuana cardholders. HB 4853 lays out sentencing guidelines, and HB 4856 regulates the transportation of medical marijuana in cars.

On Monday, the city of Douglas extended its dispensary moratorium for another 60 days. The town first addressed the possibility of a medical marijuana operation in July 2010, and city planners drafted an ordinance, but the planning commission rejected it last week. The city is waiting for the state Supreme Court to rule on pending cases.


Montana

Last Wednesday, Tom Daubert agreed to a plea bargain on federal drug charges. Daubert, one of the state's most well-known medical marijuana advocates, will plead guilty to conspiracy to maintain drug involved premises. He was a co-owner of Montana Cannabis, one of the dozens of dispensaries and other medical marijuana businesses raided by the feds in March 2011. He helped draft the state's voter-approved medical marijuana initiative and is the founder of the group Patients and Families United. He's looking at up to 20 years in federal prison.


New Jersey

On Monday, the state finally issued the first permit for a medical marijuana grow. The state Department of Health announced the permit for the Greenleaf Compassion Center in Montclair.The center will need a second permit before it can begin providing marijuana to patients, but since it will take three to four months for the first crop to be harvested, the state is confident it can issue that permit before harvest time.

On Tuesday, Gov. Chris Christie (R) said Greenleaf's owner "should stop complaining" about delays in implementing the state's program, which was signed into law in January 2010, but has yet to see a single dispensary sell any medical marijuana to any patient. Christie blamed legislators and former Gov. Jon Corzine (D) for forcing him to delay the program in order to address what he called concerns about security.


Washington

Last Thursday, a judge denied a temporary restraining order to block Bellingham from shutting down two medical marijuana cooperatives raided by police last month. The Northern Cross and The Joint collectives had sought the order, but Whatcom County Superior Court Judge Steven Mura denied it, saying it would be an "empty order."


Washington, DC

Last Thursday, the city health department announced it given four applicants preliminary approval to run dispensaries in the nation's capital. Seventeen potential operators had applied, and the four selected had all scored enough points to seek approval from their advisory neighborhood commissions. The move to advance the dispensary licensing comes two weeks after officials gave the green light to six medical marijuana cultivation centers. Those businesses now are pursuing business licenses and other permits in order to get final approval to open and operate.



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Great to see all that news.

Medical Marijuana Update

by Phillip Smith,
April 25, 2012


More DEA raids in California and Montana, and more action in the legislature in Connecticut and New Hampshire, among other medical marijuana news, and the president addresses the medical marijuana crackdown.

Let's get to it:


National

In an interview with Rolling Stone published Wednesday, President Obama addressed the federal crackdown on medical marijuana distribution. The questioner is Rolling Stone publisher Jann Wenner. Here is the exchange:

Rolling Stone: Let me ask you about the War on Drugs. You vowed in 2008, when you were running for election, that you would not "use Justice Department resources to try and circumvent state laws about medical marijuana." Yet we just ran a story that shows your administration is launching more raids on medical pot than the Bush administration did. What's up with that?

President Obama: Here's what's up: What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana – and the reason is, because it's against federal law. I can't nullify congressional law. I can't ask the Justice Department to say, "Ignore completely a federal law that's on the books." What I can say is, "Use your prosecutorial discretion and properly prioritize your resources to go after things that are really doing folks damage." As a consequence, there haven't been prosecutions of users of marijuana for medical purposes.

"The only tension that's come up – and this gets hyped up a lot – is a murky area where you have large-scale, commercial operations that may supply medical marijuana users, but in some cases may also be supplying recreational users. In that situation, we put the Justice Department in a very difficult place if we're telling them, "This is supposed to be against the law, but we want you to turn the other way." That's not something we're going to do. I do think it's important and useful to have a broader debate about our drug laws. One of the things we've done over the past three years was to make a sensible change when it came to the disparity in sentencing between crack cocaine and powder cocaine. We've had a discussion about how to focus on treatment, taking a public-health approach to drugs and lessening the overwhelming emphasis on criminal laws as a tool to deal with this issue. I think that's an appropriate debate that we should have.


California

Last Thursday, Assemblywoman Norma Torres amended her drugged driving bill, AB 2552, to remove criminal penalties for driving with the residue of marijuana or other drugs. The bill originally would have made the presence of any level of marijuana metabolites per se evidence of impairment, but will now simply divide the driving under the influence law to distinguish between drugged and drunk driving.

Also last Thursday, DEA agents raided a Murrieta dispensary for the second time in a month. Volunteers at the Greenhouse Cannabis Club were handcuffed as agents searched the building. They scored an ounce of medical marijuana, some vaporizing equipment, a computer, and some baked goods ("fake edibles") left by volunteers as a joke after the first raid. The federal raid came two days after the dispensary filed a $3 million lawsuit against the city alleging it was invading the privacy of patients. The lawsuit seeks to stop police patrols around the store and nullify the city's moratorium on collectives.

On Friday, 4/20, more than 100 demonstrators marched to Obama campaign headquarters in Oakland to protest the ongoing federal crackdown on dispensaries and the raids earlier this month on Oaksterdam University and associated businesses in particular. The marchers hand delivered a letter to campaign headquarters demanding that the federal government cease and desist.

Also on Friday, Vallejo police made their fourth dispensary raid in two months. This time they hit Life Enhancement Services and arrested its operator on marijuana distribution charges. Police are raiding dispensaries even as the city has begun taxing them with voter approval. Friday evening, a local radio station held a benefit for the Greenwell Co-op, which was raided in February.

Also on Friday, Los Angeles police raided a Topanga Canyon dispensary. Three staff members were temporarily detained at Topanga Caregivers, which was supplying a large number of patients after LAPD almost wiped out dispensaries in its Devonshire division. Police seized electronics, records, and cash in what activists called "a smash and grab" operation. It's unclear if anyone has been charged.

On Saturday, San Francisco saw an anti-dispensary rally. The unusual event was led by labor organizer Leon Chow, who is challenging incumbent Supervisor John Avalos in the November election. Chow led about 100 mostly Chinese men, women, and children on a mile-long march in opposition to three proposed medical cannabis dispensaries down the main drag of Mission Street in the Excelsior. They were met by medical marijuana advocates mobilized by the San Francisco chapter of Americans for Safe Access.

On Tuesday, the Senate Public Safety Committee approved SB 1182, which expands the list of those exempt from penalties under state law for possession, possession for sale, and transportation of medical marijuana to include cooperatives, collectives, and other business entities. The idea is to clarify that reimbursements paid to cooperatives and collectives are just as legal as those paid by patients to primary caregivers. The bill is sponsored by drug reform friend Sen. Mark Leno (D-San Francisco). It now heads for a Senate floor vote.


Colorado

On Tuesday, medical marijuana businesses and supporters held a press conference to urge President Obama to protect jobs in the state by calling off the federal crackdown on dispensaries. The press conference was organized by the National Cannabis Industry Association and was prompted by Obama's visit to Boulder on a campaign swing. Boulder has seen three dispensaries shut down after receiving threat letters from US Attorney John Walsh.


Connecticut

Last Friday, a medical marijuana bill passed a General Assembly committee vote. The bill, House Bill 5389 was approved by the Finance, Revenue and Bonding Committee on a 36-14 vote after fending off hostile amendments from medical marijuana foe state Sen. Toni Boucher (R-Wilton).

On Tuesday, the bill passed the Public Assembly committee on a 19-6 vote. It now goes before the House for a floor vote. Gov. Dan Malloy has reportedly said he will sign it if it passes. The session ends May 9.


Michigan

Last Wednesday, a state appeals court ruled against medical marijuana patients who face drugged driving charges after using their medicine. Their status as medical marijuana patients is no defense against the state's zero-tolerance drugged driving law, the court held. There are 130,000 state-registered patients in the state.

Also last Wednesday, the ACLU asked that a wrongful firing lawsuit against Walmart be reinstated. The ACLU told the US 6th Circuit Court of Appeals that its lawsuit against Walmart for firing a medical marijuana patient who used it outside of work was wrongfully dismissed by a federal district court judge. The ACLU argued that the case should be reinstated because it belonged in state court, where the group originally filed it, and because the lower court ignored the text of the state law, which prohibiting such firings.


Montana

Last Thursday, three members of a Miles City family were sentenced to federal prison for operating dispensaries. Richard Flor, 68, and reportedly suffering from dementia and depression, was sentenced to five years as a co-owner of Montana Cannabis, one of the state's largest providers. His wife, Sherry, who did the books for the operation and tended plants in the back yard, was sentenced to two years, and his son, Justin, who worked the dispensary, was sentenced to five years. Those were the harshest sentences so far in the federal prosecutions after the DEA swept the state in a series of March 2011. The sentencing judge is US District Judge Charles Lovell. Oh, wait -- there's more: The Flors must also give up their home, six vehicles, and 28 weapons, and they must pay the feds $288,000 in money they made selling medical marijuana.

Also last Thursday, US Attorney Michael Cotter issued a statement bragging that 25 people have been indicted on federal drug charges stemming from the March 2011 raids and 12 convicted and sentenced. He also promised that prosecutions will continue. His office "will continue to support investigations and prosecutions of significant traffickers of all illegal drugs, including marijuana, in an effort to disrupt and dismantle illegal drug manufacturing and trafficking networks in Montana and elsewhere," he said.

Last Friday, 4/20, DEA agents raided a Billings medical marijuana operation. Agents and local police seized an undisclosed amount of marijuana and growing equipment from the unnamed business. There was no word on any arrests. The number of medical marijuana providers in Montana has declined by more than 90% since the DEA swept the state with raids a year ago.


New Hampshire

Last Thursday, a medical marijuana bill passed a House committee vote. The bill, Senate Bill 409, passed the Republican-controlled House Health, Human Services and Elderly Affairs Committee on a 12-4 vote. It would allow patients to legally possess or grow up to six ounces of marijuana. A similar measure passed the House last year, but died in the Senate, where it did not have enough support to overcome a threatened veto by Gov. John Lynch (D). A slightly different version of this year's bill earlier passed the Senate.

On Tuesday, Gov. Lynch vowed to veto the bill if it passes. Lynch spokesman James Richardson said Tuesday that Lynch will veto the bill if it reaches his desk. Richardson said Lynch has compassion for people who believe in marijuana's benefits but is concerned about a lack of control over its distribution.

On Wednesday, the House voted 236-96 to pass the bill despite Gov. Lynch's veto threat. The bill is now expected to be referred to a second House committee for further consideration before returning to the Senate for a concurrence vote. The Senate passed SB 409 March 28 in a 13-11 vote, so support from three additional senators will be necessary to override the expected veto.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
May 02, 2012

President Obama is taking flak from comedians and politicians alike over the federal crackdown on dispensaries. Meanwhile, raids and legal battles continue to rage across the country.

Let's get to it:


National

Last Thursday, Rep. Barney Frank criticized President Obama for the medical marijuana crackdown. "I think it's bad politics and bad policy," Frank said. "I'm very disappointed. I think it's a grave mistake. It's unfair and will hurt innocent people," he told The Hill. Frank said he has told Obama personally that he is "making a mistake on this," though he doubts medical marijuana will be an issue for the president in the 2012 campaign. "Not against Mitt Romney," Frank said.

On Saturday, comedian Jimmy Kimmel confronted President Obama over the federal medical marijuana crackdown as he hosted the annual White House Correspondents' Dinner. "I do haveone real question for you, Mr. President. What’s with the marijuana crackdown? I mean, seriously, what’s the concern, we will deplete the nation’s Funyun supply?" he quipped. "You know, pot smokers vote, too—sometimes ometimes a week after the election, but they vote." Go to the link above for Kimmel's complete marijuana segment.


California

The California legislature will vote on several bills that will seriously affect medical cannabis patients in the state, so patient lobby group Americans for Safe Access is leading a rare three days of outreach in Sacramento May 19-21. It's called the California Unity Conference and medical cannabis lobby day. "The conference is organized by Californians to Regulate Medical Marijuana, a statewide coalition of individuals and organizations dedicated to pushing back on federal pressure on medical cannabis in California. We are planning two days of strategy and skills-building. Then on Monday, May 21, we will be going to the Capitol en masse to support good legislation and stop bad bills. Conference attendees will visit all 120 legislative offices that day. This is an important element in our state campaign this year, and your participation is crucial. Register online today."

Last Tuesday, the Garden Grove police chief called on the feds to raid dispensaries in his town.Chief Kevin Raney told the City Council Tuesday night his department has been in touch with federal agents and "they will be coming to Garden Grove in the future." The chief's comments came in response to complaints about the dispensaries from some council members and neighborhood associations. Councilman Bruce Broadwater called the growing number of dispensaries "a nightmare." There are an estimated 60 dispensaries in the city of 35,000.

Also last Tuesday, a Union City dispensary was ordered shut down after a battle with the city. CHA Wellness Center will have to close by the end of this week. It had opened in January after its owner won a permit to provide "holistic health care and relaxed products and services" and "packaged products for retail exchange." The city had told CHA it couldn’t distribute medical marijuana and quickly issued a ban on operations and filed a civil complaint in Alameda County Superior Court when it found out it actually was a dispensary. The city council revoked its business license last Tuesday.

Also last Tuesday, Trinity County approved most of the cultivation standards drafted by the County Planning Commission and directed that the draft ordinance be prepared for final adoption as soon as possible. That will require at least two more public hearings. The proposed rules only apply to cultivation for personal use in a residential setting, establishing plant count limits or garden size based on the size of a parcel of land. Once adopted, they will replace temporary limits currently in place under an emergency moratorium with slightly more stringent requirements including one that all cultivation be conducted indoors on parcels of 1 acre or less. Proposed aggregate grow standards addressing large-scale marijuana operations have been sent back for additional work by the commission.

Also last Tuesday, Nevada County ordered staff to come up with an interim emergency and other cultivation ordinance for a hearing on May 8. The ordinance being proposed bars indoor home grows and allows them only in detached structures on properties where a patient or primary caregiver lives. Rural or residential properties under two acres could grow up to 75 square feet outdoors and no more than six plants indoors, no matter how many patients are involved. The proposed ordinance also includes other requirements.

Last Thursday, the San Francisco Democratic Party called on President Obama to end the federal crackdown. The party Central Committee passed a resolution demanding that President Obama, Attorney General Eric Holder, and U.S. Attorney Melinda Haag "cease all Federal actions in San Francisco immediately, respect State and local laws, and stop the closure of City-permitted medical cannabis facilities." It was co-sponsored by 21 DCCC members including its author, Gabriel Haaland, Assembly member Tom Ammiano, State Senator Leland Yee, Supervisor David Campos, Supervisor David Chiu, former State Senator Carole Migden, and former Supervisor Aaron Peskin.

On Monday, the Berkeley Patients Group closed its doors. The venerable and well-respected dispensary fell victim to the ongoing federal crackdown. Last fall, US Attorney Melinda Haag threatened to seize the property, and its landlords served it with an eviction notice effective Tuesday. The BPG was seen as a model dispensary, employed dozens of people, and served thousands of patients. Its closure is a major blow to the state's medical marijuana industry.

On Tuesday, the city of Rancho Mirage appealed a court ruling that overturned its ban on dispensaries. The city hopes to "freeze" the case with the appeal, which seeks a stay, so it can reject a new dispensary that recently filed an application. A Riverside County District Court judge in March ordered the city to process the application.

Also on Tuesday, CANORML announced that a new zero-tolerance DUID bill had been introduced in the state legislature. The bill, SB 50, was originally a political reform bill, but was gutted and refilled by a pair of veteran drug warriors, Sen. Lou Correa (D-Santa Ana) and Sen. Sam Blakeslee (R-San Luis Obispo), on April 16. The bill would make it a crime for a person to have a controlled substance in his or her blood while driving a vehicle. Since marijuana remains in the blood for as long as a week in chronic users, the bill would effectively make every MMJ patient who drives a de facto drugged driver.

Also on Tuesday, the Lakeport city council voted to oppose a cultivation initiative that is headed for the June 5 ballot in Lake County. Measure D would allow 12 plants to be grown on residential lots and up to 84 on larger lots. It was originally intended to undo a restrictive county cultivation ordinance, but the county board of supervisors rescinded that ordinance in the face of public pressure. The measure would only affect unincorporated sections of the county, but Lakeport is worried it could be next.

On Wednesday, patients presented House Speaker Nancy Pelosi with a petition bearing thousands of signatures from San Francisco voters asking her to help end the federal crackdown on dispensaries. Signatures were gathered by the Patient Advocacy Committee of the San Francisco Medical Cannabis Task Force. The petition asks that Pelosi help prevent the destruction of San Francisco's regulatory program that serves thousands of patients with safe and legal medical cannabis. It was cosponsored by that Harvey Milk LGBT Democratic Club.


Colorado

As of Monday, two of three Boulder dispensaries targeted by the feds had closed, and a third was set to shut down by next Monday, the deadline imposed by warning letters from federal prosecutors. Signs in front of The Med Shed and Fresh Republic informed customers that the stores were closed, while the Hill Cannabis Club was advertising a going-out-of-business sale. The three Boulder dispensaries were among 25 statewide ordered to close by prosecutors in a recent round of threat letters. That's addition to 23 that closed earlier after a first round of threat letters.


Connecticut

Last Wednesday, the House voted 96-51 to approve a medical marijuana bill. The vote came despite a threat letter from the US Attorney two days earlier. The bill would allow some producers to cultivate and grow the marijuana, and licensed pharmacists could provide the marijuana to patients. Patients would need to requalify every year in order to keep smoking medical marijuana. It is supported by Gov. Daniel Malloy (D).


Michigan

On Tuesday, a bill allowing state-regulated dispensaries was introduced in the House. Introduced by Republican Rep. Mike Callton, House Bill 5880 would give localities the option of allowing dispensaries, or "provisioning centers," where patients could purchase up to 2.5 ounces of medical marijuana every 10 days. The Marijuana Policy Project supports the bill.


Montana

On Monday, a former Miles City dispensary operator appealed his federal prison sentence. Richard Flor, 68, was sentenced to five years in federal prison on April 19 despite suffering from numerous physical and mental ailments. Flor, his wife and his son, all pleaded guilty to drug charges related to a grow at their home and to his role as co-owner of Montana Cannabis, which was targeted in the March 2011 DEA sweep of the state.


Oregon

Last Saturday, the Associated Press highlighted the race for the Democratic attorney general nomination, in which the state's medical marijuana community has weighed in heavily for retired judge Ellen Rosenblum over former federal prosecutor Dwight Holton, who presided over medical marijuana raids while he was US Attorney. Rosenblum has portrayed herself as a friend of medical marijuana. Whoever wins the Democratic nomination will be the next attorney general, since Republicans have yet to manage to field a serious candidate.

On Tuesday, DEA agents arrested six men whose gardens were raided by the agency last year. The men were growing under the rubric of the Oregon Medical Marijuana Program, but appear to have had quantities of marijuana above and beyond what is allowed under the law.


Rhode Island

Last week, the US Attorney for Rhode Island sent threat letters to property owners who intend to lease space to dispensaries. US Attorney Peter Neronha cautioned owners that their property could be seized. He had also previously warned that the dispensaries, their landlords or investors could face civil or criminal sanctions, including the seizure of assets or property. Neronha met with Gov. Lincoln Chafee (I) last Tuesday, and told him that while the feds might target large-scale operations, they don't intend to prosecute patients. Chafee last year blocked dispensaries from opening in the face of federal threats and now supports legislation that would limit the amount of marijuana dispensaries could distribute in a bid to ease the federal threat.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
May 09, 2012


The national battle over medical marijuana is heating up, Connecticut is about to become the 17th medical marijuana state, and state and local battles continue. And so do the DEA raids. Busy, busy, busy. Let's get to it:


National

Last Wednesday, House Minority Leader Nancy Pelosi criticized the federal crackdown on medical marijuana. Listening to her home town constituents, the San Francisco representative called on the administration to back off from the raids and prosecutions. In doing so, she joined the San Francisco and Alameda County Democratic Party organizations, and various state and local elected officials.

Last Saturday, 34 groups opposing medical marijuana sent a letter to President Obama urging him to "continue to enforce federal drug laws in states that allow 'medical marijuana.'" The effort was organized by the Community Anti-Drug Coalitions of America and the signees were mostly law enforcement, treatment industry, and community anti-drug groups.

This week, drug reform and medical marijuana advocacy groups mobilized in support of an amendment to the Justice Department appropriations bill that would cut funding for the agency's offensive against medical marijuana. The amendment failed on a voice vote Wednesday night.


California

Last Tuesday, the Milpitas city council voted to reaffirm its ban on dispensaries. City leaders had been considering allowing them in order to create tax revenues, but decided to hold off pending clarification of state laws by the Supreme Court.

Also last Tuesday, Yuba County adopted a medical marijuana nuisance ordinance on a 4-1 vote by the board of supervisors. The ordinance creates limits on how big a space people with valid medical marijuana cards could use to grow plants, depending on the size of the parcel. Earlier, there were loud objections about the 100 square foot limit on grows on parcels of less than an acre. Growers are threatening a lawsuit.

Last Wednesday, the DEA raided a Santa Barbara dispensary. The raiders hit Pacific Coast Collective, but no arrests were made. A sign posted on the door that same day read: "Due to a raid by the federal government, we will be closed until further notice. We are sorry for any inconvenience this has caused."

Also last Wednesday, the LAPD raided an Eagle Rock dispensary. The American Eagle Collective was hit and police on the scene said it would be permanently shut down. The collective is one of more than two dozen that are being sued by the city of Los Angeles for allegedly violating city zoning laws. Two other Eagle Rock dispensaries have been sued for operating within 600 feet of a school. The city plans to seek a preliminary injunction against American Eagle on May 31.

Last Thursday, the DEA and local police hit a medical marijuana grow in Santa Barbara. It was part of a declared war on dispensaries in the county by federal prosecutors. "All known marijuana stores in Santa Barbara County are now the subject of federal enforcement actions," according to a statement from the US Attorney's Office. The feds also filed three asset forfeiture lawsuits, two against dispensaries and one against the grow up.

Last Friday, the DEA raided a Glendora dispensary. The raiders hit the Glendora Healing Clinic and arrested two customers on outstanding warrants. Agents seized money and marijuana, but did not arrest the operators. The dispensary had only been open a few weeks.

Also last Friday, Vallejo police raided their fifth dispensary since February. They hit Nature's Love and arrested at least one person. The identity of the man taken into custody Friday, and if anything was seized from the dispensary was not immediately known.

On Tuesday, protestors picketed the Garden Grove city council over the city's recent talks with federal authorities about helping them crack down on dispensaries. They also gave council members an earful once the meeting got underway.

Also on Tuesday, Tulare County amended its code enforcement measures for medical grows. Now, for the first time, the county can use administrative code enforcement proceedings that could lead to a series of penalties that include $100-a-day fines for each violation of the county's medical marijuana ordinance.The ordinance specifies where medical marijuana can be grown and distributed, along with other requirements, which include requiring the plants be grown in enclosed buildings with security.

Also on Tuesday, the Palm Springs city council approved a fourth dispensary. Three permitted dispensaries already operate in the city, as do at least a half dozen unlicensed ones, clustered in an area known as "Little Amsterdam."

Also on Tuesday, Nevada County approved marijuana cultivation ordinances on a 4-1 vote of the board of supervisors. The ordinances limit cultivation to 100 square feet in parcels smaller than two acres, 300 square feet in parcels smaller than five acres, 400 square feet in parcels less than 10 acres, and 600 square feet in parcels smaller than 20 acres. Unhappy residents shouted that supervisors should be voted out, and growers are threatening a lawsuit over the restrictions.

Also on Tuesday, the Vallejo city council retreated from plans to regulate dispensaries. They cited uncertainty under state law and fears of federal prosecution if they regulate. Residents accused the council of cowardice, but the council was not swayed.

Also on Tuesday, Lake County came out against a June ballot measure that would give "right to farm" privileges to medical marijuana growers. The board of supervisors voted to oppose Measure D, which would also allow medical pot growers to cultivate up to 12 mature plants in residential backyards of less than a half acre outside of city limits in Lake County. More plants could be grown on larger parcels, with a maximum of 84 plants allowed on properties that are seven acres or more. The ballot measure is opposed by county and police officials, the local Sierra Club, the Chamber of Commerce and state and local farm bureaus. Opponents say it will lower property values and increase pot-related crime.


Colorado

On Monday, a Denver attorney reported she had lost her liability insurance because part of her practice involves representing medical-marijuana businesses. Ann Toney's insurance company, Hanover Insurance Group, explained that her practice "does not meet current underwriting guidelines because of the following risk factors: Area of practice involving medical marijuana." This is believed to be the first time in the nation an attorney has lost her insurance because of doing medical marijuana-related work.

Also on Monday, 25 more dispensaries were ordered to close by federal prosecutors. All of the targeted dispensaries are within 1,000 feet of schools, which does not violate Colorado law, but which federal prosecutors are using as an arbitrary benchmark for targeting them.

On Wednesday, the state legislature adjourned without passing a drugged driving bill that would have criminalized drivers solely on the basis of having five nanograms or more of THC per milliliter of blood in their systems. The bill had passed the Senate, but didn't get a floor vote in the House.


Connecticut

Last Saturday, the state Senate approved a medical marijuana bill. The measure had already passed the House, and Gov. Dan Malloy (D) has already said he will sign it. Connecticut will become the 17th medical marijuana state.


Iowa

On Sunday, news came that three out of four state Democratic district platforms support medical marijuana.


Michigan

Last Thursday, the House passed a package of four medical marijuana bills that advocates don't think very much of. The Marijuana Policy Project said it is "opposed to the package because of concerns that the bills would compromise patients’ privacy and subject medical marijuana to more onerous restrictions than those that apply to more dangerous prescribed narcotics." It is urging supporters to voice their objections to House bills 4834, 4851, and 4856.


Montana

On Monday, advocates suing to repeal Montana's restrictive medical marijuana law said they need more donations to continue. The Montana Cannabis Industry Association said the case has cost about $150,000 and it needs another $100,000 to take the case to the state Supreme Court.

Also on Monday, the number of medical marijuana patients had dropped below 11,000, continuing a steep decline since the number of card-holders peaked at more than 31,000 at the end of last May. The number of providers has also declined by more than 90%, to slightly more than 400. This in the wake of a federal crackdown and the state legislature passing very restrictive legislation.


Rhode Island

On Wednesday, the state Senate approved a compromise dispensary bill. It would restrict dispensaries to 1,500 ounces of usable marijuana at one time and limit cultivation to 150 plants. Patients and caregivers would be able to sell their excess to the dispensaries. The bill now must be approved by the House. Dispensaries had been stalled after Gov. Lincoln Chafee (I) quailed in the face of federal threats; this compromise legislation should assuage his worries.


Wisconsin

Late last month, the Wisconsin Medical Society voted to adopt a new position on medical marijuana. It calls for further controlled studies on medical marijuana and a review of the plant's Schedule I status.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
May 16, 2012

The biggest medical marijuana news this week has to be the Oregon election that saw a pro-medical marijuana attorney general candidate win against a former interim US Attorney, but there was plenty of other news, as well. Let's get to it:


National

Last Wednesday, Mitt Romney got asked about medical marijuana and didn't much like the question or really answer it. "Aren't there issues of significance that you'd like to talk about?" Romney asks the interviewer. "The economy, the economy, the economy. The growth of jobs. The need to put people back to work. The challenges of Iran. We've got enormous issues that we face, but you want talk about -- go ahead -- you want to talk about marijuana? I think marijuana should not be legal in this country. I believe it is a gateway drug to other drug violations. The use of illegal drugs in this country is leading to terrible consequences in places like Mexico -- and actually in our country."

On Tuesday, a Mason Dixon poll found broad support for medical marijuana among Republicans. Some 67% of Republicans said federal officials should respect state medical marijuana laws. So did 75% of Democrats and 79% of independents.

Also on Tuesday, researchers reported that smoking marijuana can relieve MS symptoms. Researchers at the University of California at San Diego found that smoked marijuana relieved pain and muscle tightness spasticity. The research was published in the peer-reviewed Canadian Medical Association Journal.


Arizona

As of Monday, Arizona started accepting dispensary applications. Arizona has some of the strictest dispensary rules in the country, including requirements that a licensed physician be employed on premises, that letters be obtained showing dispensaries are complying with zoning laws, and that they have a business plan showing they are operating as nonprofits. Then there is the $5,000 application fee and the preference that will be shown to those who can prove they have $150,000 in the bank. Still, competition is expected to be fierce for the licenses, which will be capped at 125 statewide. Interested parties have until May 25 to apply.


California

Beginning Saturday, a medical marijuana "Unity" conference gets underway in Sacramento. It goes through Monday and is aimed in part at obtaining passage of Assembly Bill 2312 to regulate medical marijuana cultivation and distribution statewide. The conference is sponsored by the PAC Californians to Regulate Marijuana as well as Americans for Safe Access (ASA), the United Food and Commercial Workers Union, California NORML, the Coalition for Cannabis Policy Reform, and the Emerald Growers Association. The conference will focus on skill-building and grass roots leadership, with a day of lobbying set for Monday.

Last Thursday, a Santa Barbara dispensary operator took a plea deal. Charles Restivo, operator of the Pacific Coast Collective between 2008 and 2010, was arrested after a four-dispensary raid by local law enforcement in February 2010. He was charged with possession of marijuana for sale and cultivation of marijuana for sale since authorities argued the dispensary was violating state laws regarding medical marijuana. Under the deal, Restivo pleaded guilty to one new count of possession of concentrated cannabis (hash) in return for the other charges being dropped. He will get three years probation.

Also last Thursday, the Clear Lake city council voted to oppose Measure D, the Lake County marijuana cultivation initiative set to go before voters June 5. The council's action follows similar votes taken by the Lake County Office of Education Board of Trustees Wednesday night, the Board of Supervisors on Tuesday and the Lakeport City Council last week. It is also opposed by the Sierra Club, the Lake County Deputy Sheriffs Association, Kelseyville Business Association, Lake County Chamber of Commerce, California Women for Agriculture, Lake County Farm Bureau, the Buckingham and Clear Lake Riviera homeowners associations, and the Lake County Association of Realtors' Board of Directors. Measure D would allow 12 female plants to be grown in residential areas on lots under a half acre, 24 plants on lots larger than a half acre and 84 plants on larger parcels.

On Tuesday, the DEA and local police raided a Fontana dispensary. The raiders hit Holistic Meds RX, detaining four people, and seizing large quantities of medical marijuana. It was a federal warrant, but town and San Bernadino County police aided the DEA. Dispensaries have opened in Fontana, but have been unable to get permits because the city considers the businesses illegal.

On Wednesday, the Los Angeles city council postponed adopting a "gentle" ban on dispensaries proposed by Councilman Jose Huizar. The move came after Councilman Paul Koretz instead proposing allowing some dispensaries to continue to operate if they agreed to city regulations. Koretz called Huizar's "gentle" ban, which would close all dispensaries, but allow personal and collective grows, in reality a "vicious, heartless" ban. The city is home to an uncertain number of dispensaries, somewhere in the hundreds.


Colorado

On Monday, 25 dispensaries targeted by federal officials had to be closed down. That was the second wave of dispensaries threatened by US Attorney John Walsh, who earlier forced 22 out of business. He says a third wave of threat letters is forthcoming. In the first wave, Walsh targeted dispensaries within 1,000 feet of schools; in the second wave, he targeted dispensaries within 1,000 feet of college campuses. No telling yet what his criteria will be next time.

On Tuesday, the Dacono city council moved forward with its ban on dispensaries, as well as grows and edibles manufacturing. The council voted 4-2 for the ban, but must do so one more time on June 11 before it takes effect. The town has had a temporary moratorium on new medical marijuana businesses since July 2010, but that edict expires on July 1. The town has three existing dispensaries, but they would be forced to close if the ban passes.


Michigan

Last Friday, the state appeals court confirmed the conviction of a man who had a medical marijuana card, but not a fence. Lewis Keller of Emmet County got busted with 15 plants on his property. Under state law, he could have 12, but it had to be fenced. Keller said he knew he was over the limit, but he didn't realize the plants had to be secured.

On Tuesday, the Jackson city council got an earful from advocates concerned about its proposed medical marijuana ordinance. Under the proposed ordinance, qualifying patients or primary caregivers who are registered by the Michigan Department of Community Health to grow marijuana could do so in their homes. Patients could consume the drug only in their homes or their primary caregivers' homes. Patients and primary caregivers also could grow medical marijuana at non-dwelling locations in certain commercial and industrial business districts.
The city has had a moratorium on medical marijuana operations during the drafting of the ordinance. The city council will revisit the issue next week.


New Hampshire

On Wednesday, the House passed a medical marijuana bill already passed by the Senate. It now goes back to the Senate for approval of changes. Gov. John Lynch (D) has vowed to veto the bill over concerns over distribution, just as he did in 2009, when a veto override failed by two votes in the Senate.


New York

On Wednesday, a Siena College poll found majority support for medical marijuana in the Empire State. The poll had 57% supporting it and only 33% opposed. A bill in the Assembly has been stalled since Gov. Andrew Cuomo (D) signaled that this was not the year for it.


Oregon

On Tuesday, Ellen Rosenblum defeated former interim US Attorney Dwight Holden in the fight for the Democratic Party nomination for state attorney general. Oregon medical marijuana activists and national drug reformers rallied against Holden and supported medical marijuana-friendly Rosenblum as she picked up 63% of the vote against the former front-runner. Activists said the vote shows opposing medical marijuana carries a political price tag.


Rhode Island

On Wednesday, the House passed compromise dispensary legislation. A similar measure has already passed the Senate, so after the formalities of concurrence votes, the measure will head to Gov. Lincoln Chafee (I), who is expected to sign it.


Washington

On Monday, the Pasco city council moved closer to banning grows. A workshop discussion that night leaves little doubt that the city will outlaw medical marijuana gardens in the city at its next meeting to avoid violating federal anti-drug laws. Pasco is among Washington cities that have been waiting for nearly a year for the legislature to act to clarify a law allowing cities to write their own rules for medical marijuana garden collectives. The council is expected to vote on the ordinance Monday.

stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
May 23, 2012


The Rhode Island governor has finally opened the door to compassion centers, a medical marijuana initiative campaign is getting underway in North Dakota, people are going to federal prison in Montana, and the battles continue in California. Let's get to it:




California

Last Wednesday, Fresno police said they would shut down a newly opened dispensary. The California Herbal Relief Center opened quietly and said "a loophole" in the city code allowed it to circumvent the city's ordinance against dispensaries, but Fresno police were having none of it. The department has sent the operator a "hand delivered note that he needs to stop doing what he is doing," a police spokesman said.

On Saturday, Sunday, and Monday, advocates held a three-day unity event in Sacramento to rally support for state-regulated medical marijuana industry. About 200 people turned out Saturday to rally for a bill sponsored by Assemblyman Tom Ammiano (D-San Francisco) that would do just that. On Monday, reformers took to the capitol to lobby for the bill, Assembly Bill 2312.

On Monday, a federal appeals court ruled that cities do not violate the rights of the disabled when they ban dispensaries. A three-judge panel of the US 9th Circuit Court of Appeals in San Francisco rejected a claim by patients from Costa Mesa and Lake Forest that those cities' efforts to close dispensaries violated the Americans with Disabilities Act. The law does not protect the use of drugs banned by the federal government, the court held.

Also on Monday, the LA branch of the NORML Women's Alliance launched a voter education project aimed at identifying favorable (or unfavorable) candidates Los Angeles County Superior Court Judge in the June 5 primary election. Candidates for Superior Court Judge in Los Angeles County are being asked their positions on issues relating to medical marijuana, as well as three-strikes laws, mandatory minimum sentencing and the recent United States Supreme Court mandate to end overcrowding in California prisons.

Also on Monday, Tulare County filed suit against five collective members for growing medical marijuana in the wrong place. The lawsuit asserts that they are violating the county's land use ordinance by growing marijuana in a rural area near Cutler in northern Tulare County zoned exclusively for agriculture. Under the county's ordinance, medical marijuana collectives and cooperatives must operate in a commercial or manufacturing zone. This is not the first time Tulare County has sued medical marijuana growers. In 2009, the county sued Foothill Growers Association for growing marijuana in a building on agricultural property near Ivanhoe and cited the same ordinance. The collective put up a court fight but lost.

On Tuesday, Novato's last remaining dispensary announced it was closing. The Green Door Wellness Education Center will shut its doors June 15. It had been open since April 2010. The city has a moratorium on dispensaries, and the second-to-the-last one, the Green Tiger, closed in April under federal pressure.

Also on Tuesday, an attorney filed a suit to block Nevada County from enforcing an emergency marijuana cultivation ordinance it passed earlier this month. Attorney Jeffrey Lake is seeking a temporary restraining order on behalf of Americans for Safe Access Nevada County, Grassroots Solutions and Patricia Smith, who is the founder of the nonprofit patient advocacy group and the ASA chapter.

On Wednesday, Imperial Beach initiative campaigners announced they had gathered more than 2,000 signatures in less than two months for a municipal initiative to repeal a ban on dispensaries and replace it with reasonable regulations. Canvass for a Cause, a San Diego based nonprofit with the largest gay rights field program in the county, has partnered with San Diego Americans for Safe Access, a local chapter of the nation’s largest medical marijuana patients’ rights advocacy group on this campaign. They will hand in signatures to the city clerk on Saturday.


Maine

Last week, a medical marijuana clinic opened in Brewer. It is operated by Wellness Connection of Maine.


Massachusetts

Last Wednesday, the Massachusetts Prevention Alliance filed a lawsuit challenging the language in a likely ballot initiative to legalize medical marijuana. The lawsuit argues that the language is "misleading" and the initiative has "radical components." Attorney General Martha Coakley's office has already certified the ballot initiative titled, "An Act for the Humanitarian Use of Medical Marijuana." Proponents of the initiative must now collect 11,485 signatures by early July to get the initiative on the November ballot.

Over the weekend, the Massachusetts Medical Society approved a resolution opposing the legalization of medical marijuana without further scientific study. It did, however, pass another resolution calling on the DEA to reclassify marijuana to permit more studies.


Michigan

On Tuesday, the Marijuana Policy Project warned that more bad bills are coming in the state Senate. The bills would dramatically undermine the state's medical marijuana law, the group said, and it urged Michiganders to contact their senators.


Montana

On Monday, a Kalispell landlord was sentenced to a year in federal prison for renting a property to a medical marijuana business. Jonathan Janetski pleaded guilty to maintaining a drug involved premises, but he said he had no ties to the growing operation. The prosecution said Janetski wasn't just a landlord, that he didn't take money for rent for a year, and that he was an equal partner.


North Dakota

On Tuesday, a medical marijuana initiative campaign got underway. Rep. Steve Zaiser (D-Fargo) turned the proposed law in to the secretary of state's office for its approval, which is needed before signature-gathering can commence. The proposed law says someone with a "debilitating medical condition" may grow and use marijuana, and possess up to 2 ½ ounces of the drug. It says people with cancer, the HIV virus, post-traumatic stress disorder and other conditions may use marijuana legally.


Rhode Island

On Tuesday night, Gov. Lincoln Chafee (I) signed the bill allowing compassion centers to open. Championed by Sen. Rhoda Perry and Rep. Scott Slater, the bill was crafted to allay the governor's concerns, which had caused him to block them from opening more than a year ago. The amended law only allows centers to possess 1,500 ounces at one time and they can have no more than 99 mature plants at one time. Patients and caregivers will be able to sell any excess medical marijuana they produce directly to the centers as well.

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(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

by Phillip Smith,
May 30, 2012


It's been a pretty quiet week on the medical marijuana front. Heck, it looks like even the DEA took a break -- no raids to report. Let's get to it:


National

On Memorial Day, a veterans' group slammed the Obama administration for its stance on medical marijuana. Veterans for Medical Cannabis had petitioned the administration to look into the reliable new science showing that medical marijuana has benefits and asked the administration to change its policies to allow vets to use it for Post-Traumatic Stress Disorder. What they got instead was a canned non-response from drug czar Gil Kerlikowske.


Arizona

Last Friday, the Department of Health Services held a hearing on requests to expand its fledgling medical marijuana program to allow use of the herb for a variety of conditions, including Post-Traumatic Stress Disorder. Besides PTSD and migraines, the requests for covered conditions include depression and general anxiety disorder. The law already permits medical marijuana use for such medical reasons as cancer, glaucoma, AIDS, chronic pain, muscle spasms and hepatitis C.

Also last Friday, the application period for people seeking to open dispensaries ended. The Department of Health Services will issue only 126 dispensary permits statewide, but had received nearly 500 applications, along with a $5,000 fee, $4,000 of which is non-refundable. The department will review the applications and grant permits on August 7. If an application passes review and is the only application in its district, it will be granted a permit. In districts with multiple applications, those that survive the review process will enter a lottery to see who gets the permit.


California

Last Wednesday, a San Diego medical marijuana prosecution ended in a mistrial after jurors deadlocked and the judge dismissed prosecutors' request to retry the case "in the interest of justice." The effort by San Diego District Attorney Bonnie Dumanis to convict Therapeutic Healing operator Dexter Padilla was only the latest in her ongoing campaign against medical marijuana. In dismissing the prosecution request for a new trial, the judge accused the DA's office of being "disingenuous" in its arguments in the case.

Also last Wednesday, the state Supreme Court denied review of a key medical marijuana case, handing a victory to patients and providers. Attorney General Kamala Harris and law enforcement had asked the court to review People v. Colvin, which upheld certain protections for patients and providers, in a bid to get the court to rule that patients in collectives must help cultivate their medication. The court declined to review the case, affirming that patients are not required to help grow their medicine.

On Tuesday, the LA city council moved closer to a ban on dispensaries. A council committee approved a recommendation to ban dispensaries while allowing small groups of patients and their primary caregivers to grow their own. A counterproposal that would allow up to 100 existing dispensaries to stay open also won a committee recommendation. In 2007, the city imposed a moratorium on dispensaries, but a loophole allowed hundreds of new pot shops to proliferate. In reaction, lawmakers approved an ordinance two years ago that called for a lottery to limit which dispensaries should be allowed to operate. But City Attorney Carmen Trutanich has argued that the ordinance should be revoked because it may violate federal law. The turning point was an appellate court ruling last year that Long Beach, which also imposed a lottery, was violating federal law by in effect sanctioning the distribution of drugs. The proposed ban in Los Angeles would last at least until the California Supreme Court reviews the Long Beach case.


Colorado

On Tuesday, patients and supporters petitioned to add PTSD to the list of conditions that can be treated with medical marijuana. The effort is a reprise of a failed attempt to add it in 2010. That year, the Colorado Department of Public Health opposed legislation that would have added PTSD. Now, we will see if the department has changed its mind.


New Jersey

Last Wednesday, Newark Mayor Cory Booker came out in support of medical marijuana. His support came amidst of series of Twitter tweets he sent out critical of the war on drugs, and while he said he didn't support all-out drug legalization because of fears of addiction, he told one follower, "However, I'm with you on medical marijuana, and NJ should do more to make it real for those who need it."


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