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Medical Marijuana Update

by Phillip Smith,
February 08, 2012


Busy, busy, busy, at every level from federal rescheduling through bills in the states to local decision-making. The medical marijuana world continues to be very active.




Alabama

On Tuesday, Rep. K.L. Brown (R-40th District) filed House Bill 66, the Alabama Medical Marijuana Patients Rights Act. It would allow patients with certain conditions to use marijuana to treat their conditions with a doctor's recommendation. The bill is backed by the Alabama Medical Marijuana Coalition, which held a public meeting in Huntsville last Saturday to garner more awareness on the proposal.


Arizona

The House has passed a bill, HB 2349, which bars registered medical marijuana patients from possessing their medicine on college campuses, including dormitories. The bill, authored by Rep. Amanda Reeve (R-Phoenix), applies to universities, technical colleges, colleges, and public schools. It amends a portion of the state's medical marijuana law that bans the use or possession of medical marijuana at public schools or jails.


California

Last Wednesday, the Studio City Neighborhood Council rejected a "gentle ban" on dispensaries on a 5-4 vote. The vote was on a motion to show support for a law being considered by the Los Angeles City Council that would prohibit all medical marijuana businesses citywide.

Last Thursday, Citrus Heights police arrested two people in connection with the operation of a dispensary. Police said the dispensary was "illegal" because the proprietors were profiting from the criminal sale of marijuana. Police also noted that the city of Citrus Heights has a moratorium barring dispensaries within the city limits.

Last Tuesday, Riverside police in SWAT gear arrested a dispensary operator who they said used fake information to get a business license after his initial request was refused. Jimmie Sutterfield, the proprietor of Discount Patient Care, was booked on suspicion of filing false documents in a public office, perjury and burglary, all felony charges.

In a January 26 letter made public last week, Riverside city officials asked federal prosecutors to enforce the marijuana ban in their city. Riverside City Attorney Greg Priamos and Police Chief Sergio Diaz US Attorney André Birotte Jr., who has jurisdiction over the Inland area, for assistance "in combating the illegal storefront marijuana distribution in the city of Riverside that openly flouts federal, state and local law."

Last Friday, a San Diego Superior Court judge ruled that the city can refuse to issue a certain type of business license to medical marijuana distributors. Superior Court Judge Randa Trapp ruled the city cannot be required to take actions that amount to an illegal act. Because federal law takes precedence over state law, Trapp held, "issuing a business tax certificate under these circumstances would tend to aid in an unlawful purpose." The suit had been brought by Wisdom Organics, which had applied for a license to operate a medical marijuana delivery service.

Over the weekend, medical marijuana pioneer Dennis Peron said he opposed a medical marijuana initiative that would tax and regulate the industry. The Medical Marijuana Regulation, Control, and Tax Act (MMRCTA) is "too vague," Peron said. He also worried that allowing the UCFW to cosponsor the measure and have a seat on its proposed board would mean "that they can force every one of those entities to join their union and pay them dues."

On Monday, the Coalition for a Drug Free California urged people around the state to inform on dispensaries to the IRS in hopes of garnering a hefty reward.

On Tuesday, the Lake County Board of Supervisors voted to shut down a Middleton dispensary. The 4-1 vote will finish the process of shutting down the H2C Collective. The county is in the process of using abatement proceedings to shut down dispensaries after public discontent forced it to rescind a regulatory ordinance. The county argues that dispensaries are not allowed under county zoning laws.

On Tuesday, the city of Vallejo settled a lawsuit with a former dispensary operator. Stan the Man's Collective was sued by the city in July 2010 as a public nuisance, and fines reaching thousands of dollars had piled up before Stan's closed in October 2010. Under the agreement, Stan's will stay closed, but the fines are dismissed, and no other dispensaries are affected.

Also on Tuesday, the Costa Mesa City Council got an earful from unhappy patients and dispensary operators for inviting federal officials to crack down on dispensaries there. Federal authorities cracked down on Costa Mesa dispensaries last month, raiding two of them and issuing warning letters to at least two-dozen others.

Also on Tuesday, Santa Ana medical marijuana supporters began a municipal initiative effort to allow dispensaries to operate under certain guidelines, for instance, limiting hours to 9:00am to 9:00pm, forbidding loitering and smoking on the premises, and restricting patients to 21 and older, unless there's a parent or guardian. Proponents said they were responding to complaints from residents.

Also on Tuesday, the Sonoma County Board of Supervisors voted to cap the number of dispensaries in unincorporated areas of the county at nine. The county joins three local cities that have allowed dispensaries with caps. There are two outlets in Santa Rosa, one in Cotati and one in Sebastopol. The remaining six cities in the county ban dispensaries.


Colorado

Last Thursday, the Colorado Court of Appeals ruled that people on probation cannot use medical marijuana because it is a violation of federal law. The case is Colorado v. Watkins.

Last Friday, a state district court judge in Fort Collins issued a temporary restraining order directing city and state officials to not enforce provisions of voter-approved ban on dispensaries until a hearing can be conducted on a lawsuit challenging its legality. Voters approved the ban in November, but six local businesses filed a lawsuit over it last week. The lawsuit claims the ban violates the state constitution and would irreparably harm their livelihoods.

On Tuesday, the Boulder City Council approved a nine-month moratorium on new medical marijuana businesses. The council originally was considering a blanket six-month moratorium, but the leaders decided to extend the length of the ban to nine months and exempt existing businesses so they can make changes -- such as seek an expansion or relocation -- if needed. The exemption will kick in March 8. According to city records, Boulder now has 37 cultivation facilities, 32 dispensaries and six marijuana-infused product manufacturing sites. Twelve applications for new business licenses were submitted before the moratorium was enacted and will be reviewed. City officials said they needed "a time-out."


Kentucky

Sen. Perry Clark (D-Louisville) has introduced SB 129, a bill that would allow doctors to prescribe marijuana to patients with debilitating illnesses and reschedule marijuana under state law. There are some technical problems with the language in the bill vis-à-vis federal law, but those issues can be worked out through amendments down the road, supporters say. The bill is known as the Gatewood Galbraith Memorial Medical Marijuana Act, after the late Gatewood Galbraith, a five-time gubernatorial candidate and outspoken proponent of ending marijuana prohibition.


New Jersey

A nonprofit that wants to grow and sell medical marijuana was suing after being denied a site in Burlington County. The Compassionate Care Foundation Inc. wants a judge to overturn the decision of the Westhampton Land Development Board, which voted 4-3 against the bid to operate at a vacant warehouse. A hearing is set for March 23. On Tuesday, however, Compassionate Care changed its mind and instead announced an agreement with center and township officials in Egg Harbor Township to open a dispensary there.

Compassionate Care, which is based in Mount Laurel, is one of two state-approved providers of medical marijuana struggling to find a home in South Jersey. The other supplier, Compassionate Sciences ATC, was rebuffed in October when it sought to open a marijuana dispensary at a former furniture store on Route 73. New Jersey legalized medical marijuana in January 2010, authorizing six nonprofit groups to operate in distinct zones across the state. But Gov. Chris Christie, citing concerns over federal laws against the drug's sale, did not give his approval until July of last year. So far, no marijuana has been sold legally in New Jersey and at least four town boards have turned away the businesses.

But, if the deal goes through, Compassionate Care will become become only the second out of six centers with confirmed locations. Greenleaf Compassion Center in Montclair got local approval and finalized its plans back in September, becoming the first center to do so.


New Mexico

Late last month, Senator Cisco McSorley (D) introduced and Senator Rod Adair (R), Senator Gerald Ortiz y Pino (D), and Senator John Ryan (R) cosponsored Senate Bill 240, which would create a medical marijuana fund. sustained by the producer and patient production licensing fees currently being collected by the Department of Health. The Department of Health will be able to use these funds to directly administer the program. The bill is currently before the Senate Finance Committee.


Washington

Last Thursday, a bill calling on the federal government to reschedule marijuana passed a Senate committee. Senate Joint Memorial 8017 bolsters support for Gov. Christine Gregoire (D), who sent a letter last week requesting that the federal government reclassify marijuana from a Schedule I drug to Schedule II status, where it would be permitted for medical use. The bill passed the Senate Committee on Health and Long Term Care with unanimous approval. It now heads to the Senate Rules Committee. Its lead sponsor is Sen. Jeanne Kohl-Welles (D-Seattle).


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
February 15, 2012

Medical marijuana patients are taking to the streets Thursday, Feb. 16, to protest the Obama administration's clampdown on medical marijuana across the country. And then, there's the action at the state and local level. Here's the latest:



National

Americans for Safe Access is calling for a coordinated day of action Thursday to protest the Department of Justice crackdown on medical marijuana providers. Rallies will go on in nine cities in six states. Rallies are planned to take place at an Obama fundraiser in San Francisco, as well as at the president's campaign headquarters in Sacramento (CA) and San Diego (CA), and at federal buildings in several cities, including Trenton (NJ), Phoenix (AZ), Seattle (WA), Eugene (OR), and Portland (ME). For more detailed rally information, go here.


Arizona

Potential Arizona dispensary operators are chomping at the bit in the Phoenix metro area's East Valley. Now that a lawsuit filed by Gov. Jan Brewer (R) has been dismissed and the state has announced it will go ahead with licensing and regulating, there are more than 80 active applications for dispensaries in the East Valley. But under Arizona law, there can only be 12 in the area.


California

Last Wednesday, the Elk Grove City Council approved an ordinance restricting medical marijuana grows in the community to inside homes or detached backyard buildings. The 3-2 vote will allow patients or their primary caregivers to grow pot only on limited space indoors. The ordinance will take effect 30 days after a second reading. Other restrictions in the ordinance include a ban on growing within 1,000 feet of school or public park, an upper limit on grow lights of 1200 watts, city-approved ventilation and security systems must be installed, and a cultivation permit is required.

Last Thursday, the San Francisco Examiner reported that the DEA had asked the city's Department of Public Health to turn over records for 12 of the city's remaining 21 dispensaries. Last year, the DEA asked for information on five dispensaries, whose landlords then received threat letters from federal prosecutors. All five dispensaries closed. San Francisco was the first city in California to license and regulate medical marijuana dispensaries under its Medical Cannabis Act, which became law in 2005.

On Monday, the Atwater City Council voted to continue a now year-long temporary dispensary ban. The Merced County town first approved the moratorium for 45 days on February 14, 2011, then extended it for another 10 ½ months. It would have expired Wednesday had the council not acted. The new extension is for 45 days, which can also be extended for 10 ½ more months. The city said it is looking into drafting an ordinance.

On Tuesday, the San Jose City Council repealed its dispensary regulation ordinance. Council members had voted to limit dispensaries in September, which prompted a municipal initiative campaign to overturn the ordinance.

Also on Tuesday, the Long Beach City Council voted to ban dispensaries, although it gave 18 existing dispensaries that had played by the rules a six-month exemption. The council was pressed to act after an appeals court threw out its regulatory ordinance last year. The council can revisit the exemption for the existing dispensaries in four months, and it could increase the extension, shorten the extension, or do nothing.


Colorado

On Tuesday, the last dispensaries in Fort Collins closed their doors. That was the end result of a November election where voters approved an ordinance that banned the 20 or so dispensaries operating in the city.

Also on Tuesday, a bill in the state Senate that would have helped dispensaries with banking problems died in committee. Under federal pressure, banks and other financial institutions refuse to do business with Colorado medical marijuana enterprises. Senate Bill 75 would have allowed patients and dispensaries to join financial co-ops, but failed on a 5-2 vote in the Senate Finance Committee after being opposed by the banking industry.


Delaware

Last Friday, Gov. Jack Markell suspended the regulatory and licensing process for his state's dispensaries. He acted after federal prosecutors responded threateningly to a request for clarification Markell's office had made. Now, Delaware has a medical marijuana law with no dispensaries and no provision for patients to grow their own.


Hawaii

Last Friday, House Bill 1973, which is opposed by medical marijuana supporters, advanced on a committee vote and is now before the House Judiciary Committee. Among other provisions, the bill would remove severe pain as a qualifying condition, making about half of existing patients ineligible for the program.


Maryland

Last Thursday, Del. Dan Morhaim (D-Baltimore County) filed two bills based on working group approved by the legislature last year. House Bill 1024 would allow medical marijuana distribution only through university-affiliated hospitals, while House Bill 1158 would allow distribution through registered dispensaries. Maryland has a medical marijuana law, but it does not allow for access to medical marijuana and it only provides for a defense in court -- not protection from arrest. A broader bill was introduced last month as well.


Michigan

On Monday, a Chesterfield Township dispensary avoided being shut down by performing a legal end-run on Attorney General Bill Schuette. Big Daddy's Hydroponics and Compassion Center got a judge to agree that Schuette improperly attempted to have the judge find the facility in civil contempt and potentially shut it down and/or jail the owners. Because the claim sought punitive, not coercive, action, the case should be treated as criminal contempt, Big Daddy's attorney successfully argued. They now face criminal contempt charges, though, but at least they're still open for business.


stopthedrugwar

Medical Marijuana Update
by Phillip Smith,
February 22, 2012

From Alabama to Washington, medical marijuana continues to be a burning issue. Here's the latest:



Alabama

Supporters of a medical marijuana bill pending in the state legislature are tweaking the bill to make it more palatable to lawmakers. The Alabama Medical Marijuana Coalition, which composed House Bill 66, is working on amendments to assuage concerns of legislators. One would add a 5% sales tax earmarked for city and county law enforcement to fight drugs; another would more closely define the doctor-patient relationship.


Arizona

The lawsuits are not over yet. Last week, the medical marijuana interests who filed a successful lawsuit to force state officials to implement the dispensary portion of the state's medical marijuana law filed an amendment to that lawsuit. Compassion Care First is seeking a summary judgment against state officials over regulations that require that a medical marijuana dispensary employ a licensed physician as a medical director. The requirement to employ a medical director is not found in the Arizona Medical Marijuana Act passed by voters in November 2010, the lawsuit charges. Meanwhile, state officials said they were moving forward with the dispensary application and licensing process. Up to 124 dispensaries are allowed under the law.


California

Last Tuesday, the Mendocino County Board of Supervisors quietly voted to amend the county's marijuana cultivation ordinance to eliminate the provision allowing collectives to grow up to 99 plants per parcel with a permit through the Sheriff's Office. The new ordinance reverts to the 25-plant limit for all growers, and is effective March 14. The county acted after the US Attorney's Office threatened to file an injunction against the county's ordinance and "individually go after county officials who were supporting these laws," 5th District Supervisor Dan Hamburg said.

Last Wednesday, the Greater Los Angeles Collective Alliance (GLACA) announced it was supporting the Medical Marijuana Regulation, Control and Taxation Act of 2012, which would impose statewide regulation on medical marijuana operations. GLACA only lists 13 dispensaries on its roster, but has been a powerful player as city hall deals with the issue. The group said it had donated $50,000 to the campaign, which is in its signature-gathering phase.

Last Thursday, Sacramento County medical marijuana activists announced a local initiative campaign aimed at returning dispensaries to the county. Last year, there were at least 80 dispensaries operating in the county; now, after federal threats and the county's ban, there are nearly none. Longtime local activists Kimberly Cargile and Mickey Martin are behind the Patient Access to Regulated Medical Cannabis Act of 2012. It would allow one dispensary per every 25,000 people, for a total of 20 to 25 dispensaries and tax sales at 4%. It would also limit advertising and impose a 1,000-foot rule on dispensaries near schools and parks.

Also last Thursday, the San Francisco Planning Commission approved three new dispensaries, all in the Excelsior district. There are currently 21 dispensaries in the city, but 12 have been the subject of federal inquiries. Last year, the feds were interested in five other dispensaries; those are all gone now after landlords received threat letters.

Last Friday, the city of Murrieta won a preliminary injunction against a cooperative operating despite a local ban. The Greenhouse Cannabis Club can no longer distribute marijuana at the location, the injunction said.

Also on Friday, President Obama was met by medical marijuana demonstrators when he came to San Francisco on a fund-raising trip. The action was part of a national week of action criticizing the Obama administration's hard-line approach on the issue.

On Monday, Long Beach Vice Mayor Suja Lowenthal announced she intends to create a medical marijuana working group to research and evaluate ordinances in other cities and make recommendations following a review of the city's ordinance by the California Supreme Court. That should take between 12 and 18 months. The working group will include resident and business groups, medical marijuana dispensary representatives, the city attorney, the city prosecutor, city staff and others.

On Tuesday, the DEA and local law enforcement raided a prominent Vallejo dispensary and arrested the owner. The raiders hit the Greenwell Cooperative and arrested owner Matthew Shotwell. The exact charges are not yet clear. While the DEA was present, the cops were executing a state search warrant and included agents from the State Board of Equalization, which deals with tax collections. Employees and patients alike were temporarily detained, and marijuana and other items were seized.

Also on Tuesday, the Lake County Board of Supervisors unanimously approved placing a medical marijuana cultivation initiative on the June 5 ballot. The Lake County Medical Marijuana Cultivation Act of 2012 was brought by Lake County Citizens for Responsible Regulations and the Lake County Green Farmers Association. Supervisors could have just approved the initiative, but decided to punt to voters. The initiative came after the board earlier crafted a restrictive ordinance.

That same day, the Kern County Board of Supervisors voted to put a new dispensary ordinance on the June 5 ballot. The move comes after Kern Citizens for Patient Rights gathered more than 17,000 signatures to overturn the board's decision last summer to ban dispensaries. The board voted 4-1 to rescind the existing ordinance and put a new measure before voters in June. It includes restrictions on locations of dispensaries.

Also on Tuesday, the Glenn County Board of Supervisors passed a medical marijuana cultivation ordinance. Personal gardens will have to be 300 feet to 1,000 feet away from schools, churches, youth centers and treatment facilities and can be no bigger than 100 square feet. Collectives, dispensaries and collaboratives are banned in the unincorporated areas of the county.

On Wednesday, the city of Berkeley ordered two collectives to shut down. The 40 Acres Medical Marijuana Growers Collective stopped operations in late January after Berkeley Code Enforcement sent it a letter informing the group it was operating in violation of the city's municipal code, but the Perfect Plants Patients Group is still in business. The collectives had run afoul of the city's zoning ordinances.


Colorado

Last week, employees of the Budding Health dispensaries joined the United Food & Commercial Workers (UFCW) union. They become the first union medical marijuana shop in Denver, though not the first in the state's medical marijuana industry. The UFCW organized some dispensaries in Fort Collins, but those have all been shut down by a local ban. The UFCW has also organized workers in numerous California dispensaries and has become an advocate for marijuana law reform.

Last Thursday, national and state medical marijuana supporters announced the formation of the Patient Voter Project to inform patients and their supporters about hostile actions taken by the Obama administration against medical marijuana. It's a joint effort by the Marijuana Policy Project (MPP), Americans for Safe Access (ASA), the National Organization for the Reform of Marijuana Laws (NORML), Sensible Colorado, Safer Alternative for Enjoyable Recreation (SAFER), Medical Marijuana Assistance Program of America (MMAPA), Just Say Now and others with a combined reach in Colorado of more than 40,000 online supporters.

On Tuesday, a medical marijuana banking bill died in the Senate Finance Committee. The bill, Senate Bill 75, would have created the authority for licensed medical marijuana stakeholders to form an exclusive financial cooperative specific to the industry, but committee killed the legislation on a 5-2 vote. The bill was responding to dispensary operators who reported that banks have refused their business for fear of repercussions from the federal government. The bill was opposed by Colorado Association of Chiefs of Police, the Colorado Drug Investigators Association, the Colorado attorney general’s office and the Colorado District Attorneys' Council.


Delaware

Last Thursday, the sponsor of the state's medical marijuana legislation urged Gov. Jack Markell (D) to reconsider his decision to halt implementation of the law. Senator Margaret Rose Henry (D) said regulation-writing and licensing of dispensaries should continue despite veiled threats of prosecution of state workers by US Attorney Charles Oberly III. Markell had called a halt to the program a week earlier after receiving a threat letter from Oberly. Delaware has no provision for patients to grow their own, so if there are no dispensaries, there is no medical marijuana program.


Michigan

Last Tuesday, the Port Orchard City Council extended a moratorium on dispensaries and another on collective gardens for six more months. The two moratoria have been in effect for a year now and are intended to give city staff more time to develop appropriate land-use and zoning regulations for medical marijuana collective gardens and dispensaries. The city attorney said regulations could be completed during this six-month period, especially if the state legislature clarifies regulation at the state level.

On Tuesday, the owner of the Herbal Resource dispensary in Owosso was charged with state marijuana cultivation distribution offenses. The charges stem from a January 19 raid by the Mid-Michigan Area Group Narcotics Enforcement Team (MAGNET).


Montana

The number of medical marijuana patients and providers is plummeting after state and federal crackdowns, the Helena Independent Record reported Sunday. The number of patients peaked at 31,522 in May 2011, but has declined to fewer than 16,000 as of last month. The decline in growers and dispensaries is even more dramatic. For most of last spring, that figure hovered around 4,800, but following federal raids and the state legislature's virtual repeal of the voter-approved law, that number had declined by 90%, to 417. Under the 2011 law, all caregivers’ licenses cards became invalid on July 1, 2011. Those wanting to continue to legally grow and sell marijuana for medical reasons had to register with the department to get providers' cards.The number of participating physicians has also declined, but not so dramatically, dropping from a high of 365 last June to 274 in January.

That same day, the Missoulian reported that medical marijuana providers busted by the feds in raids last year are getting relatively light sentences. Many faced five-year mandatory minimum federal sentences, but the sentences handed down so far, all the result of plea agreements that saw some charges dropped, have been considerably shorter, ranging from six months to 18 months. In the case of three men who had operated businesses in Helena and Great Falls, Senior Judge Charles Lovell criticized agreed-upon sentencing guidelines as "excessive," making particular mention of the fact that the three men believed their work to be legal under state law. He sentenced them to one year, instead of the 2 ½ recommended. More than 60 indictments have resulted from the federal raids, with some people receiving sentences of up to five years in prison -- not the mandatory minimum five years.


Oregon

Hundreds of non-Oregon residents have obtained Oregon medical marijuana cards, the Oregonian reported Sunday. Since June 2010, when the state started issuing cards to non-residents, nearly 600 out-of-staters have traveled here to obtain one, according to the Oregon Health Authority, the agency that oversees the state's medical marijuana program. Some 72,000 state residents also hold medical marijuana cards. Neighboring states account for nearly two-thirds of out-of-state card-holders, with 309 from Washington, 138 from Idaho, and 50 from California.


Washington

On Wednesday, a bill that would have regulated dispensaries in the state died after failing to move before a legislative deadline. Sponsored by Sen. Jeanne Kohl-Welles (D-Seattle), Senate Bill 6265 was an effort to create a legal framework for dispensaries, but was opposed by some elements of the medical marijuana community.



stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
February 29, 2012


Medical marijuana is making news all around the country, from city halls to federal court houses, not to mention dispensaries and patients' homes. Let's get to it:




Alabama

House Bill 25, the Michael Phillips Compassionate Care Act, is back. Sponsored by Rep. Patricia Todd and backed by Alabama Compassionate Care, the bill would allow qualifying patients or their caregivers to possess up to 2 ½ ounces of usable marijuana and six mature and six immature plants. It would also provide for compassion centers where patients could obtain their medicine. Patients would be registered with the state. The bill has had its first reading and awaits action in the House Health Committee.


California

Last Tuesday, the Orland City Council voted to ban dispensaries, collectives, and collaboratives.The ban prohibits medical marijuana distribution facilities from the city, whether they are fixed or mobile and says no permits or licenses will be issued for that purpose. The ordinance also prohibits patient grows within 300 feet of any hospital, church, school, park or playground, or any other area where large numbers of minors congregate, and imposes other limitations on patient grows.

Last Thursday, the California Second District Court of Appeal issued a decision affirming the legality of storefront dispensaries and rejecting the contention that every member of a collective must participate in cultivation. In the case, People v. Colvin, the state had argued that all members of a collective must do just that, but the court demurred, saying that "imposing the Attorney General’s requirement would, it seems to us, contravene the intent of [state law] by limiting patients’ access to medical marijuana and leading to inconsistent applications of the law."

Also last Thursday, a ballot initiative was launched to overturn a Costa Mesa ordinance banning collectives and cooperatives. The move is spearheaded by former collective operator Robert Martinez, whose Newport Mesa Patients Association, was one of 27 facilities that were shut down by federal officials at the behest of the City Council and city attorney last month.

Also last Thursday, a Vallejo dispensary operator pleaded not guilty to felony state drug charges. Matt Shotwell, owner of the Greenwell Cooperative, was arrested last Tuesday after a joint state-federal raid and faces multiple counts of trafficking, cultivating, possessing and maintaining a place for unlawfully providing marijuana. Vallejo police said last Wednesday they had asked the DEA for help in cracking down on the city's 24 dispensaries. At the same time, the city is getting ready to implement a voter-approved tax on all dispensaries next month.

Last Friday, Assemblyman Tom Ammiano (D-San Francisco) filed a bill that would create a statewide medical marijuana regulation system. The bill, Assembly Bill 2312, got a first reading Monday. It could get a committee hearing March 27.

This week, three more bills pertaining to medical marijuana have been introduced:

Assembly Bill 2465, introduced by Assemblywoman Nora Campos (D-San Jose), would require all medical marijuana patients to obtain a state ID card and also register the address where they are growing it.California NORML called the bill "blatantly unconstitutional" because it abridges the fundamental right of patients not to be arrested upon the "written or oral" recommendation of their physicians.

Assembly Bill 2365, introduced by Assemblyman Brian Nestande (R-Palm Desert), would require that family courts consider parent's documented use of prescribed controlled substances, including medical marijuana and narcotic maintenance medications, in child custody proceedings. At present, the family code does not explicitly address these issues, although they are frequently brought up in family court proceedings.

Assembly Bill 2600, introduced by Assemblyman Chris Norby (R-Fullerton), would prohibit the DMV from revoking a person's driving privileges for simple possession of one ounce or less of marijuana. At present, an automatic revocation of license is required for conviction of any drug offense where a motor vehicle is involved.

On Tuesday, the federal prosecutor for the Central Valley vowed a new crackdownon large medical marijuana grows. Benjamin Wagner, U.S. Attorney for the Eastern District of California, said his office is not interested in prosecuting sick people using medical marijuana. But he warned that the "unregulated free for all" that has allowed marijuana growers and merchants to make fortunes must come to an end, and he said in the coming months a new focus will be made on pot farms in the valley.

Also on Tuesday, a federal judge in Sacramento dismissed a dispensary's request for a permanent injunction blocking the federal government from enforcing the Controlled Substances Act. The suit had been brought by the El Camino Wellness Center and patient Ryan Landers.

Also on Tuesday, the Madera County Board of Supervisors gave first approval to an ordinance that would ban outdoor gardens and limit indoor gardens to 100 square feet. The patient would also have to own and reside at the property. There are other restrictions as well. A final vote is set for March 13.


Colorado

On Monday, federal agents were dispatched to ensure that 23 dispensaries too close to schools had closed. US Attorney John Walsh had given the dispensaries 45 days to close or move because they were within 1,000 feet of schools. The 1,000-foot rule is a federal sentencing enhancement, not a requirement of the state medical marijuana law. Local industry representatives said all the affected dispensaries had complied.

Also on Monday, a Colorado Springs TV station aired footage of a SWAT raidon the home of two medical marijuana patients, who charged police used excessive force. At least 13 SWAT officers raided the home, breaking down the door, and throwing a flash bang grenade. The two patients were not arrested because the marijuana they were growing was in compliance with state law. Police were not apologetic, but local activists denounced the raid as heavy-handed.


Idaho

A Boise-based group is collecting signatures to get a medical marijuana initiative on the November ballot. Compassionate Idaho needs 47,500 signatures by April 30 to qualify. The initiative has the same language as House Bill 370, but activists aren't counting on the legislature to act.


Michigan

On Monday, an Oakland County circuit court upheld a Bloomfield Township ordinance requiring medical marijuana patients to register with the township. Richard Roe had sued, claiming the ordinance is invalid under the state's medical marijuana law, but the court sided with the township. It ruled that the suit wasn't valid because Roe had not actually been penalized by the law. The ruling is the latest in a series of court decisions challenging local medical marijuana laws. Last December, a circuit court judge threw out a lawsuit filed by two persons challenging the medical marijuana laws of Birmingham and Bloomfield Hills using almost identical language.


New Jersey

On Sunday, state officials told the Wall Street Journal they didn't think medical marijuana would be available there until the end of the year at the earliest. State Department of Health and Senior Services officialssaid it had taken longer than expected to launch the program because opposition to dispensaries in towns and villages was more vigorous than anticipated, and setting up a highly regulated system with safeguards against theft and fraud has proved challenging. State Department of Health and Senior Services officials.


New York

The New York City Bar Association's committees on Drugs and the Law and Health Law issued a report approving of pending medical marijuana legislation in Albany and offering some suggested modifications, including that the state explore letting patients grow their own. The bills before the legislature, Assembly Bill 2774 and its Senate companion bill, don't do that.


Rhode Island

On Wednesday, the Rhode Island Patient Advisory Coalition reported that the state House and Senate have reached agreement on a bill that would make compassion centers a reality. Gov. Lincoln Chafee (I) had blocked the program after receiving threats from federal prosecutors, but Senate Bill 2555 is designed to ease his concerns.


Washington

On Tuesday, state prosecutors filed multiple charges against the owners of a medical marijuana dispensary in Lacey that had been raided in November. Dennis Coughlin, 68, and Jami Bisi, 50, the proprietors of Cannabis Outreach Services face 11 counts of unlawful delivery of marijuana within 1,000 feet of a school bus stop; 12 counts of unlawful use of a building for drug purposes; and two counts of unlawful possession of marijuana with intent to deliver within 1,000 feet of a school bus stop, according to their charging documents. They are the seventh and eight persons charged in a series of Thurston County raids on five collectives. The raids came after undercover police carrying medical marijuana recommendations made purchases at those locations. Washington's medical marijuana law does not explicitly allow dispensaries.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
March 07, 2012

Bills are being considered in some states, busts are going on in others, and local governments grapple with medical marijuana from Washington state to New Jersey. Let's get to it:


California

Last Tuesday, the Union City city council extended a moratorium on dispensaries for 10 months and 15 days, pending a separate state Supreme Court review of four cases on the issue. The council issued the initial 45-day moratorium in January, after city officials learned that a dispensary had opened on Niles Road. The city is now acting to force the dispensary to close.

Last Wednesday, a state appeals court overturned an injunction shutting down a collective in Lake Forest. The court held that city officials cannot use their nuisance abatement ordinance as a wholesale ban on medical marijuana dispensaries and collectives. The justices struck down a preliminary injunction from Orange County Superior Court Judge David Chaffee in May 2010 that would have shut down the Evergreen Holistic Collective. A stay on the injunction had been granted while the appellate court reviewed Chaffee's ruling and Evergreen Holistic Collective has been open for business since suing in October 2009.

Also last Wednesday, Vallejo police arrested the operator of the Better Health Group in an ongoing crackdown on dispensaries. Jorge Luis Espinoza, 24, of San Rafael, was arrested for possession for sales of marijuana, sales of marijuana and opening or maintaining an unlawful place. Vallejo police say there are 20 or more marijuana storefronts operating unlawfully in Vallejo. Late last month, Vallejo police and DEA served three search warrants on marijuana dispensaries in Vallejo and Benicia. Espinosa and another jailed dispensary operator, Matthew Shotwell, were released on bail two days later.

Last Thursday, the Mendocino County prosecutor said medical pot growers should tag their plants with sheriff-issued zip ties to lessen their chances of prosecution. Although the county abandoned its path-breaking tagged plant program under federal pressure earlier this year, District Attorney David Eyster said participation in the tagging program would continue to be a factor he considered if confronted with allegations of wrongdoing.

Also last Thursday, California NORML reported that US attorneys have sent landlord letters to over 50 more dispensaries in the Inland Empire area, where local officials have been pressing to close them. In addition, Cal NORML reported new landlord letters in Mendocino, apparently targeted at facilities within 1,000 feet of schools or playgrounds. The letters give the dispensaries 14 days to stop distributing marijuana.

Also on Thursday, hundreds of people demonstrated outside Los Angeles City Hall against the city's ongoing efforts to ban or limit dispensaries. The crowd was treated to performances or speeches by Cypress Hill's B-Real, the Kottonmouth Kings, Tommy Chong, and Americans for Safe Access state leader Don Duncan. The crowd then marched to the federal building for an hour-long protest there.

Last Friday, Orange County deputies raided a Lake Forest dispensary just after an appeals court ruled the city cannot label dispensaries a nuisance simply for being a dispensary. Two people were arrested as deputies served search warrants at Charles Café, as well as searching two homes. The search warrants were the latest in a years-long battle that authorities and city officials in Lake Forest have had with dispensaries. The raid came the day after a panel from the Fourth Appellate Court found that cities cannot declare dispensaries a nuisance simply for being collectives and overturned a previous injunction against Evergreen Holistics, one of dozens of dispensaries that once operated in Lake Forest.

Also last Friday, two more San Francisco dispensaries reported receiving threat letters from Northern California US Attorney Melina Haag. Shambala Healing Center on Mission Street and the 208 Valencia Caregivers must shut down or their landlords risk property seizure, the letters said. The letter to the Shambala's landlord said the dispensary is operating in violation of a federal law and could be subject to enhanced penalties because it is operating within 1,000 feet of a playground. But the city had permitted the dispensary last year.

Also last Friday, a Los Angeles Superior Court judge denied an injunction to block Long Beach's ban on medical marijuana dispensaries. Under Long Beach's ban, three or fewer people can still form a collective, and 18 dispensaries that secured a license under the city's 2010 permitting process were granted a six-month exemption.

On Tuesday, Fresno County supervisors voted to sue three dispensaries if they don't shut down voluntarily. Two said they would close, but a third could not be reached for comment. The county passed a prohibition on storefront marijuana sales in September -- a response to complaints about traffic and petty crime associated with the trade -- but existing shops were given six months to wind down. All but three or four of some 15 dispensaries that were in business last year have closed, according to the Sheriff's Office.

Also on Tuesday, San Luis Obispo County supervisors voted to deny a permit to a dispensary after a resident appealed the board's decision last fall to give it the okay. The board found that the Compassionate Cannabis Information Center in Oceano was within 1,000-foot minimum distance from a park and the dispensary would be detrimental to the health, safety and welfare of the residential neighborhood.

Also on Tuesday, the El Centro City Council approved an indefinite moratorium on accepting applications for dispensaries. The moratorium extends to 120 days after the California Supreme Court decides whether cities have a right to ban marijuana dispensaries and regulate them through a permitting process.


Colorado

Last week, Denver medical marijuana attorney Rob Corry suggested after an exchange of correspondence with US Attorney John Walsh that Walsh had suggested a "safe harbor" for dispensaries outside of 1,000 feet from schools. Last Friday, Walsh and his spokesman made clear Corry was mistaken. "That is absolutely, unequivocally false," spokesman Jeff Dorschner said. "There is no safe harbor."

Last week, US Rep. Jared Polis (D) ripped into the new local DEA chief over her tough anti-marijuana stance. On Wednesday, responding to new DEA chief Barbra Roach's assertion that medical marijuana threatens residents because of possible "mold and water damage" to homes, Polis tweeted: "Drug Enforcement Agency's new motto: Protecting America from mold & water damage. Running out of excuses vs. marijuana." The next day, he elaborated on his Facebook page, charging her with insulting his hometown of Boulder, the state's capital, Denver, and other Colorado communities for saying she wanted to live in a community without dispensaries.


Connecticut

On Wednesday, the General Assembly Judiciary Committee held a hearing on a bill that would legalize the use of medical marijuana. A person could qualify to use marijuana for medical purposes if they've been diagnosed by a physician as having a debilitating medical condition. Qualified users and their primary caregiver would then have to register with the state Department of Consumer Protection. The bill requires the consumer protection commissioner to determine the number of dispensaries needed in Connecticut and to adopt regulations. A similar bill failed last year.


Michigan

Last Wednesday, a Chesterfield Township dispensary agreed to close and move to another Macomb County town after its operator agreed it was in violation of township zoning ordinances. Big Daddy's Hydroponics and Compassion Center agreed to close by Saturday after realizing it would lose its civil trial this week with the township in Macomb County Circuit Court in Mount Clemens. The trial was in its second day when Big Daddy's settled.

Last Friday, the Michigan marijuana program announced it was buying a new printer for medical marijuana cards. The new printer will crank out 4,000 cards a day, allowing the state to chip away at a backlog of 40,000 patient cards. Currently, those people are making do with a tamper-proof letter from the program. The new printer should be ready by mid-month.

Also last Friday, the Kalamazoo Valley Enforcement Team raided two dispensaries and is seeking charges against their operators. Caregivers at both locations were selling to people who had medical marijuana cards, but for whom they were not designated caregivers, which is arguably illegal under Michigan law.

This week, the state legislature is considering a number of medical marijuana bills. They are currently being reviewed in the House Judiciary Committee, under the authority of Chairman John Walsh (R-Livonia). Chairman Walsh has determined that the package will be considered in a series of hearings, which include testimony from selected groups and organizations, to be followed by statements from the public. These four bills are being considered simultaneously, as a package, and collectively contain nine different proposed changes to Michigan law.

The Marijuana Policy Project (MPP) rundown on the bills is below:


HB 4834 -- Would make registry ID cards good for two years (they currently expire after one) and require cards to include a photograph of the cardholder. MPP supports the later expiration date and does not oppose requiring a photo, provided it does not add to the lengthy delays patients face getting ID cards. The bill would also allow law enforcement officers to have access to registry information if there is a “reasonable suspicion” that a cardholder has violated the act. MPP sees the value in allowing a police officer with a search warrant to check to see if the target is a cardholder and the raid is unnecessary, but believes the current language is too broad.

HB 4853 -- Would create a felony, punishable by up to two years in prison, for selling marijuana in violation of registry ID card restrictions. MPP believes that selling marijuana outside of registry ID card restrictions is already a crime, and the only additional punishment needed for a violation is revocation of the ID card.

HB 4851 -- Would add to the definition of a "bona-fide physician-patient relationship." MPP agrees with the Michigan Board of Medicine that the same standards required for prescribing any other drug should apply, and no special standard, higher or lower, is called for in recommending marijuana. The bill would also clarify that patients may offer evidence of their medical use as a defense to criminal charges. MPP supports this change.

HB 4856 -- Would require medical marijuana transported by car to be in the trunk, in a case, or otherwise inaccessible from the passenger compartment. MPP does not support or oppose this provision.


New Hampshire

On Thursday, a new medical marijuana bill, Senate Bill 409, will get a public hearing. Unlike last year's bill, SB 409 does not allow for state-licensed dispensaries. Instead, it would allow qualifying patients or their designated caregivers to cultivate a limited amount of marijuana for medical use. The change was made after the US Attorney for New Hampshire said that his office will not prosecute patients but could potentially prosecute dispensaries.


New Jersey

Activists keep up the pressure on Gov. Chris Christie (R) to pardon or commute the sentence of medical marijuana grower John Wilson, who is serving five years for growing his medicine.

On Tuesday, the Camden zoning board denied a request to allow a dispensary in the crime-blighted city. Cooper University Hospital and Campbell Soup Company objected to plans to allow the conversion of two vacant buildings into a medical-marijuana operation.


New Mexico

On Monday, Gov. Susana Martinez signed Senate Bill 240, which creates a medical marijuana fund to cover the costs of the state's program. Martinez has been a foe of medical marijuana, but she is also a fiscal conservative.


Rhode Island

On Monday, US Attorney Peter Neronha said he had not approved a state plan to allow medical marijuana dispensaries to open, and that the federal government's policy on dispensaries hasn't changed. Neronha's comments came after state lawmakers last week proposed new limits on dispensary size in a bid to avoid the threat of prosecution.


Washington

Last Tuesday, the Bonney Lake city council voted unanimously to extend a moratorium on collective gardens. It is the council's latest move in prolonging a wait-and-see strategy adopted in the absence of state leadership on holes in cannabis policy, or federal approval.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
March 14, 2012

Federal threats continue to hover over medical marijuana distribution across the country, and local battles continue as well.


California

Last Wednesday, the Yuba City city council voted to ban outdoor grows. The council approved an immediate 45-day ban and could extend it for up to a year, which the city says it plans to do. The council also imposed restrictions on indoor grows, saying patients must register them with the city, limit them to 50 square feet, hide any evidence of a grow from onlookers, and lock up their yard, as well as their greenhouses.

Last Friday, Vallejo police raided the Red Dog Green Collective and arrested its owners. It was the third Vallejo dispensary raid in the past three weeks. Police say the crackdown is part of an ongoing move against local dispensaries. They come at a time when the city was about to begin collecting a 10% tax on dispensary sales that voters approved in November.

On Tuesday, the California Coastal Commission approved a Humboldt County ordinance limiting indoor marijuana grows. The county's Local Coastal Plan limits indoor grows to 50 square feet and has other regulations.

On Tuesday, a Riverside County judge ruled in favor of a dispensary, ordering the city of Rancho Mirage to move ahead with the inspection and permitting process for the Desert Heart Collective. The collective opened in 2010, but was later shut down by the city. Desert Heart filed a $2 million civil lawsuit against the city in February 2011. The city prohibits dispensaries "due to the significant negative secondary effects that such dispensaries have been found to create--such as increased crime," the city attorney claimed. The city also argued that granting a permit to Desert Heart would expose it to federal prosecution, but the judge accepted Desert Heart's argument that by granting the permit, the city neither commanded the activity nor had anything to do with marijuana.

Also on Tuesday, the DEA and local police raided an Upland dispensary that has been at odds with the city for the past two years. G3 Holistic was the targeted operation, and the raiders seized 25 pounds of marijuana and 89 pounds of edibles. G3 President Aaron Sandusky said DEA agents entered with guns drawn and handcuffed four patients who were present. There were "acting like a terrorist organization," he said. The city of Upland and G3 have been engaged in a lengthy court battle that will soon find its way to the state Supreme Court.

Also on Tuesday, the San Luis Obispo County Board of Supervisors upheld an appeal against a would-be dispensary in Oceano. A resident had complained that the proposed dispensary would be within 1,000 feet of a park.

Also on Tuesday, US District Court Judge Andrew Guilford set a March 26 hearing date in a case in which patients and collectives in Costa Mesa are seeking to enjoin federal authorities from sending letters ordering the closure of medical marijuana collectives in the city. The unique argument in the case is that since Congress belatedly acknowledged the votes of District of Columbia voters to authorize medical marijuana there, California patients are being denied the same right to vote to approve medical marijuana there.

Also on Tuesday, the Amador County Board of Supervisors voted unanimously to lift a 4-month-old ban on medical pot gardens and allow any single garden to be used to grow as many as 12 plants per patient for as many as two patients for a maximum of 24 plants. That is only a third of the capacity recommended in February by the county's Planning Commission. Supervisors cited a deadly marijuana-garden robbery in September as they voted for tighter limits.

Also on Tuesday, the Kern County Board of Supervisors voted to fine a property owner and tenant of a property where medical marijuana was being cultivated. County inspectors found 82 plants growing on the property in January; county code allows only 12 plants per parcel. The tenant disposed of the out of compliance plants the next day, but the county is still imposing a whopping $58,000 fine.

Also on Tuesday, the Madera County Board of Supervisors voted to ban cultivation within 2,000 feet of a school or church and to require that caregivers and patients live together. California's voter-approved medical marijuana law makes no such requirement.

Also on Tuesday, the Needles city council approved a special election for a proposed city ordinance creating a medical marijuana business tax. The approval is to put a tax in place for up to 10% on gross sales of marijuana. If the tax is approved by voters, the city council would approve an ordinance related to the tax. Language has already been created for that ordinance. The ordinance defines how businesses would pay the tax, defines marijuana, marijuana business and other terms and ensures that payment of the tax doesn't make the business legal.



Colorado

On Tuesday, Boulder County DA Stan Garnett sent a letter to federal prosecutors asking them to halt their crackdown on dispensaries that are abiding by state law. "I can see no legitimate basis in this judicial district to focus the resources of the United States government on the medical marijuana dispensaries that are otherwise compliant with Colorado law or local regulation," Garnett wrote in the letter to Colorado US Attorney John Walsh. "The people of Boulder County do not need Washington, DC, or the federal government dictating how far dispensaries should be from schools, or other fine points of local land-use law." Walsh has sent threat letters to 23 Colorado dispensaries, forcing them to close.

Also on Tuesday, a proposed medical marijuana initiative was filed for the November ballot.The new measure, Proposed Initiative No. 65, would give doctors discretion to recommend marijuana for any medical condition. Currently, a doctor must diagnose a patient with one of eight medical conditions in order for the patient to qualify for medical marijuana. Proponents will need to gather 86,000 valid voter signatures to make the ballot.


Florida

On Tuesday, medical marijuana advocates unveiled billboards urging viewers to educate themselves about the issue. "Legalize Medical Marijuana" shouts one, with a godlike hand extending from the heavens, a marijuana leaf in its palm. Facing it is the photo of a senior in a wheelchair and the caption "I'm a Patient Not a Criminal." The billboards urge readers to contact the Silver Tour, a group founded by 1970s pot smuggler and recently released federal drug war prisoner Robert Platshorn to enlighten senior citizens about the benefits of the herb.


Maryland

Last Thursday, Gov. Martin O'Malley's office said he would veto any legislation legalizing medical marijuana in the state. His spokesman cited concerns about federal scrutiny. The comments came as legislators began debating three medical marijuana bills in the House of Delegates. "We have some serious concerns about liability," said O'Malley spokeswoman Raquel Guillory. "Those concerns were raised by US attorneys across the country. Based on those concerns, it is probably likely we would veto any legislation."


Montana

Last Tuesday, the Montana Supreme Court set an April 30 hearing date for arguments over whether a judge was right to block portions of last year's medical marijuana overhaul by the Legislature. District Judge Jim Reynolds last year blocked four provisions of the law from taking effect, including a ban on profits from medical marijuana sales. State prosecutors argue that the commercial sale of marijuana is illegal under state and federal law, and that Reynolds abused his discretion with his injunction. The groups challenging the new law, led by the Montana Cannabis Industry Association, say Reynolds should have gone further and blocked the entire law.


New Jersey

Last Wednesday, the Plumstead Township Committee reversed itself and voted to support the introduction of an ordinance that would allow a medical marijuana company to apply for an operating permit. Members said they feared the township could be sued for not complying with the state's medical marijuana law, and that without an ordinance, a medical marijuana operation could set up near a school. The committee repealed a December ordinance blocking permit applications not in compliance with federal law. Efforts to open dispensaries in New Jersey have been plagued by NIMBYism.

On Monday, a California man charged for possessing medical marijuana hosted a rally outside the Middletown court house. Eric Hafner was charged with marijuana and paraphernalia possession, but is arguing that his California doctor's recommendation for him to use marijuana should be honored in New Jersey. Hafner suffers from PTSD, but that syndrome is not recognized under New Jersey's law, so he his supporters organized a rally in support of adding PTSD to that list. They walked along Kings Highway, outside of the Middletown courtroom building, before during and after his case was being heard, showing signs and offering information about the cause and Hafner's case to anyone who stopped by to listen.

On Tuesday, Ken Wolski announced that he had been selected Green Party US Senate candidate. Wolski, one of the state's most well-known medical marijuana activists, is head of the Coalition for Medical Marijuana—New Jersey.


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Medical Marijuana Update

by Phillip Smith,
March 21, 2012


From California to the nation's capital, medical marijuana keeps making news. Here's the good, the bad, and the ugly:



Arizona

Data from the Department of Health Services show that more than 22,200 Arizonans have received permission to use medical marijuana. People aged 31-50 make up 40% of medical marijuana users, those aged 51-81 account for 35%, and those aged 18-39 account for 25%. Nearly three-quarters are men, and the overwhelming majority of patients reported chronic pain as their medical condition, while muscle spasms were also high on the list, health officials reported. Other ailments include hepatitis C, cancer and seizures.


California

Last Wednesday, the city of Redding failed in its effort to force local dispensaries to close. A Shasta County Superior Court judge denied the city's request for a preliminary injunction that would have compelled their closure, saying that the city can't ban dispensaries simply by declaring them a nuisance. The judge relied heavily on a 4th District Court of Appeal decision in which the court struck down the city of Lake Forest's effort to ban dispensaries. That left Redding leaders scratching their heads the next day.

Also last Wednesday, the city of Oakland approved four new potential dispensaries. Only one of the four already has an approved location.The other three will be given four months to find a new location that satisfies city rules requiring dispensaries be located at least 600 feet from schools, parks and youth-serving programs. The city also approved one alternate dispensary group. Whether any of them actually open for business remains to be seen, given the ongoing federal crackdown in the state.

Also last Wednesday, the San Jose Cannabis Buyer's Collective announced that its challenge against its closure by the city of San Jose was revived by the Sixth District Court of Appeal, which ruled that a Santa Clara Superior Court judge erred in denying their petition for writ of mandate on the ground they failed to exhaust administrative remedies.

Last Thursday, the Berkeley Patients Group announced it would move from its current location but relocate elsewhere in Berkeley. The announcement came amid rumors the venerable and well-loved dispensary would close its doors after its landlord received a threat letter from the office of US Attorney for Northern California Melinda Haag.

Last Thursday, DEA agents raided a dispensary in Murrieta in San Diego County. They were accompanied by Murrieta Police as they hit the Greenhouse Cannabis Club and seized three pounds of marijuana, various edibles, and 18 clones. Two volunteers who were present during the raid said at least a dozen federal agents and local police officers stormed into the nondescript Jefferson Avenue storefront with their rifles drawn. According to the 36-page affidavit filed with the court in support of the search warrants, an undercover federal agent in February was able to purchase a gram of medical marijuana for $20 at the club after presenting a medical marijuana card. Agents also received statements from card-holding patients that they had purchased medical marijuana at the club.

Also last Thursday, US Attorney for Northern California Melinda Haag did a wide-ranging interview with KQED. Among other things, she signaled a continuing crackdown on dispensaries near schools, playgrounds, or other places where children assemble.

On Tuesday, the city of San Francisco proposed banning hashish, edibles, and tinctures from city dispensaries. In a memo to dispensaries titled "Medical Cannabis Edibles Advisory," the Department of Public Health recommended that dispensaries "do not produce or dispense syrups, capsules, or other extracts that either required [sic] concentrating cannabis active ingredients or that requires a chemical production process." The city says it isn't a ban because there is no provision for enforcement, but dispensaries that want to play by the rules will have to abide.

Also on Tuesday, word leaked out that San Francisco DA George Gascon's office has issued a memo saying all medical marijuana sales in the city are illegal. That would be a shocking policy change from Gascon's predecessors, Terence Hallinan and Kamala Harris, if it actually is a policy change. But there is some uncertainty about whether this marks a real shift or merely the use of boilerplate language by underlings. Stay tuned.

Also on Tuesday, a new medical marijuana initiative was approved for signature-gathering. Secretary of State Sandra Bowen's office announced that the Medical Marijuana Patient Associations initiative had been approved. It would allow patients to form associations to cultivate, process, and distribute medical marijuana and ensure that "neither the state nor any local government may prohibit operation of a medical marijuana patient association, including a storefront, unless a court finds it is an actual nuisance." Proponents have until August 16 to gather 504,000 valid voter signatures.


Colorado

Last Thursday, Denver's 9 News reported that US Attorney John Walsh plans to demand that more dispensaries shut down because they are operating within 1,000 feet of a school. A spokesman declined to say how many more threat letters will go out, but said they will be sent "soon." An earlier round of threat letters to dispensaries and their landlords resulted in 22 closing their doors or relocating. The 1,000-foot rule is based on a federal criminal sentencing enhancement, not the state's medical marijuana law.

On Tuesday, an attorney for six Fort Collins dispensaries forced to close after a voter-approved ban said their lawsuit against the city is likely to be withdrawn. Attorney Brett Barney said the case is "on hold" and that dispensary owners may not want to throw good money after bad. "I advised my clients we were not going to get justice from this court," Barney said. A district court judge had earlier denied a temporary restraining, ruling that the dispensaries had not demonstrated their constitutional rights were violated or that they would suffer irreparable harm.


Also on Tuesday, US Attorney John Walsh sent a letter to Boulder County District Attorney Stan Garnett responding to Garnett's letter last week highly critical of federal interference in the operation of the state's medical marijuana law. In response, Walsh wrote that enforcing federal law to keep medical marijuana dispensaries away from schools is a "core responsibility" of federal prosecutors, and will continue.


Maryland

The battle over medical marijuana bills in the legislature continues. On Monday, Eric Sterling of the Criminal Justice Policy Foundation weighed in with a Baltimore Sun op-ed criticizing Gov. Martin O'Malley (D) for saying he would veto any medical marijuana bills because he is worried about state officials being treated like drug traffickers by the feds. Federal prosecutors don't have that power, Sterling argued, nor do federal drug laws prevent states from passing their own laws on medical marijuana or other drugs.

Also on Monday, patients flooded Annapolis in an effort to get lawmakers to act on pending medical marijuana bills. Delegates are working on amendments designed to assuage the fears of the governor and state officials.


Michigan

On Tuesday, a bill that would remove glaucoma from the list of approved conditions for medical marijuana passed the Senate Judiciary Committee on a 3-0 vote. The bill was supported by several doctors and medical associations. The committee heard one University of Michigan ophthalmologist testify that while using marijuana might relieve pressure on the optic nerve for several hours, a person would have to smoke "3,000 marijuana cigarettes" to ease the condition around the clock. Patients objected, to no avail. Only about 500 of the state's 130,000 medical marijuana patients use it for glaucoma.


Montana

Last Tuesday, four dispensary operators pleaded guilty to federal drug charges that were filed after March 2011 DEA raids across the state. Aaron Durbing, 29, and Justin Maddock, 40, pleaded guilty to conspiracy to manufacture marijuana for their operation at Good Medicine Providers in Columbia Falls. Mark Siegler, 60, and Valerie Siegler, 38, pleaded guilty to conspiracy to manufacture, distribute, and possess marijuana for operating Big Sky Patient Care in Dillon, Big Sky, and Bozeman. Since the raids a year ago, the number of registered patients in the state has declined by more than half and the number the of registered providers has declined by more than 90%.

New Hampshire

On Monday, the Marijuana Policy Project announced a statewide radio ad campaign calling on residents to urge their state senators to support SB 409, which would allow doctors to recommend marijuana to qualified patients suffering from cancer, AIDS, multiple sclerosis, and other debilitating illnesses. The ad features a former Tuftonboro selectman, Ted Wright, whose wife Cindy found relief from the nausea caused by her life-saving breast cancer treatments by using marijuana. Medical marijuana legislation passed the New Hampshire House of Representatives in a 221-96 vote last year. SB 409 could receive a vote in the New Hampshire Senate as soon as next week.


Tennessee

A medical marijuana bill, House Bill 294, was set to get a hearing in the House Health and Human Resources Committee, possibly as early as mid-week this week. If it hasn't happened by the time you read this, it will soon.


Washington

Last Thursday, Bellingham police raided three medical marijuana dispensaries and arrested their employees. Those hit were the Northern Cross Collective, The Joint Cooperative, and the KGB Collective. All three collectives had been hit with cease and desist orders a week earlier after they continued to operate without business permits. The city had begun revoking or denying permits to medical marijuana businesses in late 2011. The city maintains that their sale of marijuana violates state law. The collectives had been preparing to seek a temporary injunction, but the raids came the day before.


Washington, DC

On Tuesday, the DC City Council voted to impose new limits on the city's medical marijuana program. They approved a proposal to ban cultivation centers from opening in "retail priority areas" flagged for development in selected pockets of land across the city. The city Department of Health is set to award 10 cultivation center permits by the end of this month and five dispensary permits by June 8. It's only been more than 13 years since voters approved medical marijuana in the District, and two years since Congress removed its bar blocking the District from proceeding.


stopthedrugwar

For the record, Murrieta is in Riverside County. It is just north of Temecula off the 15/215, roughly two cities north of the SD County line.

Medical Marijuana Update

by Phillip Smith,
March 29, 2012

More DEA raids in California, more threat letters in Colorado, plus action from the statehouse to the courthouse. Just another week in medical marijuana politics.


Arkansas

Signature gathering is underway for a proposed medical marijuana initiative sponsored by Arkansans for Compassionate Care. The initiative would allow patients with serious or debilitating medical conditions to use and possess marijuana and to purchase it from state-regulated, nonprofit dispensaries. Patients could grow their own if they live more than five miles from a dispensary. The campaign needs to gather 65,000 valid voter signatures by July to make the November ballot.


California

Last Tuesday, the Richmond city council voted to double the number of dispensaries in the city. The council approved an ordinance allowing up to six dispensaries, or one for every 17,000 residents. Oakland, by contrast, only allows one for every 50,000 residents. Right now, though, even the three dispensaries already permitted haven't opened.

Last Wednesday, the LAPD raided the Nature's Answer dispensary in Reseda, seizing 50 pounds of pot and $17,000 in cash. Owner Annie Bishop was arrested for possession for sales of marijuana. They also raided her home in Van Nuys. LAPD is taking the position that medical marijuana sales are illegal.

Last Thursday, DEA and local police raided a Temecula dispensary, the Co-Op Social Club. The raid came just days after the DEA raided another Riverside County dispensary, the Greenhouse Cannabis Club in Murrieta. That same day, the DEA raided a Lake Elsinore medical marijuana grow-op, the Consolidated Container Nursery as part of the same investigation.

That same day, two men struck a plea bargain over their role in the North Bay Dispensary in Newark. The dispensary was raided by the DEA last year, but the pair copped to state charges and received jail sentences of one and five days, which they already served after being arrested. Charges against three dispensary employees were dropped. Meanwhile, a civil dispute between the NBD Collective and the city of Newark, which started almost as soon as the club opened in 2009, is still ongoing.

Also last Thursday, the UFCW announced it was unionizing Los Angeles dispensary workers. "This is the next step in professionalizing and stabilizing this new sector of the health care industry," said Local 770 president Rick Icaza in a press release. "Unionization and collective bargaining bring better training, less turnover, and more stability to the health care industry. This is a positive step towards successfully integrating compassionate care into our system of health care."

Last Friday, signature gathering began for an Imperial Beach initiative, the Safe Access Ordinance, which would overturn the city's current ban on dispensaries and replace it with zoning and other regulations for dispensing collectives and cooperatives wishing to operate in the city. The move comes after more than two years of tussles with the city, which has adopted an outright ban on dispensaries. The initiative is a joint effort of Canvass for a Cause, Americans for Safe Access, and concerned citizens in Imperial Beach. Organizers need 1,000 valid signatures to get on the ballot and hope to collect 2,000.

On Sunday, California NORML reported that Assemblywoman Nora Campos (D-San Jose) had introduced a bill, Assembly Bill 2465, which would require all medical marijuana patients to register with the state. The bill is sponsored by the Police Officers' Research Association of California, which wants to make it easier for police to distinguish between illegal and legal marijuana users. California NORML strongly opposes the bill, saying it infringes on patients' right under Prop 215 to legally possess and cultivate marijuana given a physician's written OR oral recommendation.

On Tuesday, the Redding city council vote not to appeal a judge's ruling that rejected the city's request for a preliminary injunction on medical marijuana storefront collectives. That means dispensaries can continue to operate in the Shasta County community. Redding's elected officials have said they were surprised and confused by Shasta County Superior Court Judge Stephen Baker's decision, handed down late last Wednesday.

Also on Tuesday, the Daly City city council voted to ban dispensaries, with Councilman David Canepa saying he'd allow the clubs over his "dead body." Council members cited a report from Police Chief Manuel Martinez that noted the city has a problem with illegal indoor pot grows.

Also on Tuesday, a Santa Monica marijuana testing facility filed a lawsuit against the city to force it to give it a business license, which it has so far refused to do. Golden State Collective, the testing firm, applied for a business license in December, but was turned down even though it is not a dispensary. The facility opened this month, but closed again after being informed it could be fined.


Colorado

Last Friday, US Attorney John Walsh sent threat letters to 25 more dispensaries. In January, he sent out 23 threat letters, forcing those dispensaries to close. The latest targets have 45 days to close or face the seizure of their property. And there will be more to come, Walsh's office said.


Michigan

Last weekend, the second annual Detroit Medical Marijuana Expo took place, drawing more than 130 vendors and large crowds.

On Wednesday, the Michigan Supreme Court agreed to decide a key issue in conflicts over the state's medical marijuana law: whether patients can sell marijuana to other patients. The case involves the Compassionate Apothecary in Mt. Pleasant, which was targeted by prosecutors in 2010. A lower court found that sales were permitted, but an appeals court disagreed, leading to the closing of the dispensary and many others around the state after the ruling.


Montana

Last Friday, medical marijuana providers targeted by the DEA in raids last year said they would appeal a federal district court ruling dismissing their challenge to those raids. More than a dozen providers, as well as the Montana Cannabis Industry Association, challenged the legality of the federal enforcement operations, but suffered a defeat in January, when US District Judge Donald Molloy, citing the 2005 Raich decision by the US Supreme Court, ruled that state law does not shield providers from federal prosecution. Their appeal goes to the 9th US Circuit Court of Appeals in San Francisco.

On Tuesday, another medical marijuana provider pleaded guilty in federal court to charges stemming from the DEA raids of March 2011. Christopher Ryan Durbin of Whitefish operated several medical marijuana businesses, including Good Medicine Providers and a pair of large warehouse grows. DEA agents made undercover buys at Good Medicine and seized more than 1,000 plants at the warehouses. Durbin copped to conspiracy to manufacture and distribute marijuana and structuring bank deposits to avoid IRS reporting requirements. He faces sentencing on June 29.


New Hampshire

On Tuesday, sponsors of a medical marijuana bill held a press conference to try to drum up a veto-proof Senate majority for the bill. State Sen. Jim Forsythe (R-Strafford) and state Rep. Evalyn Merrick (D-Lancaster) worry that Gov. John Lynch will veto the bill because of his historical opposition to such measures.

On Wednesday, the Senate passed the bill on a 13-11 vote. That's not enough to overcome a threatened veto, but the bill still has to go through the House, and that gives supporters time to try to pick up the handful of Senate votes they will need.


New Jersey

Last Friday, one of the nonprofit groups trying to set up a dispensary said it is giving up. The Greenleaf Compassion Center in Montclair is further along in the process than any of the other groups, but CEO Joe Stevens said he was put off by repeated delays and that he has no faith in state officials anymore. The state's law was passed more than two years ago, but none of the six dispensaries allowed by the law have opened, due to delays by the Christie administration and NIMBYism in local communities.


Rhode Island

On Wednesday, lawmakers were set to consider compromise dispensary legislation, House Bill 7888, that would allow the three state-designated outlets to open. Gov. Lincoln Chafee (I) blocked them last year after the state's US Attorney warned they could be prosecuted under federal law. The compromise would limit the amount of marijuana dispensaries could have, but that had advocates worried limits too low would make them economically unviable. Also getting a hearing Wednesday, are a pair of bills sponsored by Attorney General Peter Kilmartin, Senate Bill 2783 and its companion, House Bill 7960, that would impose various restrictions on the state program. Some medical marijuana proponents are cosponsoring the bills in a bid to get a say in their final forms. As of late Wednesday evening, there were no reports back from Providence.


Tennessee

On Tuesday, a medical marijuana bill advanced in the House. A House Health subcommittee approved House Bill 294 on a voice vote. It now goes before the whole House Health Committee. The bill would allow patients with specified diseases or conditions to use medical marijuana and would set up a state-regulated and -licensed distribution system. Its companion measure, SB 251, remains stuck in the Senate Government Operations Committee.


Washington

Last Friday, city of Issaquah planners approved a permit for the GreenLink Collective to open for business. The facility will process and deliver medical marijuana to qualified patients, offer classes and information, and sell supplies for people to produce and consume marijuana under a framework established by state law. GreenLink does not intend to grow marijuana in the space. State law allows up to 10 qualifying patients to join together and form a collective garden of up to 45 plants, so long as the marijuana is not visible from public spaces. GreenLink operators must also install a security system and cameras onsite. The collective first opened in 2010, but city officials refused to give it a business license, then, in June 2011, the city council imposed a moratorium on collective gardens. The council adopted new rules governing collectives in December, and now GreenLink has its permit.


Washington, DC

On Friday, DC is set to announce who will get the five marijuana cultivation permits for the city's long-awaited medical marijuana dispensaries. The city has authorized up to ten sites, but only five will be announced Friday.


West Virginia

Last Wednesday, the Marijuana Policy Project announced that a medical marijuana bill, House Bill 4498 had been denied a hearing in the House Health and Human Resources Committee. The bill's sponsor, Del. Mike Manypenny (D-Grafton) will attempt to keep the issue alive by offering a resolution, HCR 144, calling for the legislature to study medical marijuana more thoroughly.

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