Medical Marijuana Update


by Phillip Smith,
June 06, 2012


The feds strike again in California, Connecticut becomes the 17th medical marijuana state and New Hampshire could be 18th, and localities in various medical marijuana states continue to try to keep a lid on the green medicine. Let's get to it:




California

Last Wednesday, a new dispensary opened up in Eagle Rock just a day after an LA City Council committee voted to advance a new ban on dispensaries in the city. The Together For Change dispensary is at the same location as the American Eagle Collective, which was raided and closed by LAPD narcotics officers on May 2. It is supposedly under new ownership, but has the same décor and even the same security guard as American Eagle.

On Tuesday, researchers reported that dispensary neighborhoods have no higher crime rates than neighborhoods without dispensaries. The research, which will appear in the July issue of the Journal of Studies on Alcohol and Drugs, examined 95 neighborhoods in Sacramento in 2009. The researchers found no evidence that neighborhoods with a higher density of medical marijuana dispensaries had higher rates of violent crime or property crime than other neighborhoods. But the authors added that further research is needed because they looked at neighborhoods at only one point in time. A neighborhood's crime patterns could change over time as more medical marijuana dispensaries open.

Also on Tuesday, CANORML reported that California elections brought mixed results. In Butte County, a measure that would have restricted patients' rights to cultivate on their own property lost 55% to 45%, but in Kern County an ordinance sharply limiting the location of dispensaries passed with 69% of the vote and in Lake County, a grower-led measure to regulate marijuana like agricultural crops was defeated by a margin of 66% to 33%.

In Los Angeles, LA City Attorney Carmen Trutanich, a staunch nemesis of medical marijuana, failed in his bid to run for District Attorney. That means the contest will be between Jackie Lacey, who believes medical marijuana sales are illegal, and Deputy DA Alan Jackson, who has been more friendly to the cause.

In San Diego, stridently anti-medical marijuana DA Bonnie Dumanis was crushed in the mayoral primary, getting only 13% of the vote. The November election will feature a choice between medical marijuana foe Carl Demaio (32%) and medical marijuana supporter Rep. Bob Filner (30%).

In the 33rd Congressional District, LA NORML Director Bruce Margolin came in fourth in the race with 4.5%, followed closely by Libertarian Steve Collett with 4.3%. Both had made marijuana reform a centerpiece of their campaigns against long-time incumbent Henry Waxman, who was leading with 45%.

In the race for US Senate, where veteran drug warrior Sen. Dianne Feinstein faced a field of 32 unknown opponents, David Levitt, who had campaigned on drug reform and other progressive issues, got 1.6% of the vote; while Libertarian Gail Lightfoot got 2%. Feinstein's opponent in November will be Republican Elizabeth Emken.

On Wednesday, federal authorities announced a crackdown on LA County dispensaries, with the DEA raiding two dispensaries and federal prosecutors sending warning letters to 34 more. While the feds didn't target the city of Los Angeles, the crackdown seeks to wipe out dispensaries in the cities of Santa Fe Springs, Whittier, South El Monte, La Mirada, Diamond Bar, Artesia, Paramount, South Gate, City of Commerce, Agoura Hills and Malibu. The two dispensaries that were raided Wednesday were the Tri-City Patient's Association and the Canna-America Collective (a.k.a. Organic Way Collective) in Santa Fe Springs. The two dispensaries were also hit with federal civil asset forfeiture lawsuits. The warning letters give the operators and landlords 14 days to come into compliance with federal law or risk potential civil or criminal actions.


Colorado

On Tuesday, Garfield County commissioners set a June 18 deadline to approve land use regulations for medical marijuana growers in the county. A two-year moratorium on grows expires July 1. One commissioner proposed that the commission require a 1,000-foot buffer zone between grow facilities and schools, parks or churches, in accordance with state law. He also proposed that growers be restricted to commercial zone districts and banned from rural zones, because of concerns about ease of enforcement. He also proposed that Garfield County growers be allowed to sell their products only within the county. But the proposed ban on rural grows and on selling products outside the county drew opposition.


Connecticut

Last Friday, Connecticut became the 17th medical marijuana state after Gov. Dan Malloy signed into law the bill passed by the legislature. Patients will obtain their medicine from dispensaries run by licensed pharmacists.


Michigan

Last Thursday, the state Supreme Court ruled that state law allows an affirmative defense for patients even if they haven't registered with the state. The ACLU of Michigan called the decision a victory for medical marijuana patients throughout the state. In one case ruled on by the court, Owosso resident Larry King, who suffers from severe and chronic back pain, was issued a medical marijuana card in 2009 by the state after being examined and approved by a doctor. He grew 12 marijuana plants for his own medical use. The Shiawassee County prosecutor charged him with manufacturing marijuana, a felony, because some of his plants were being grown outside. Drug charges against King initially were thrown out because he was a medical marijuana patient. But the Court of Appeals reinstated felony drug charges against him because it held that King would not be permitted to raise a medical defense at his trial. The higher court's decision reverses the appeals court.

Also last Thursday, the New Baltimore City Council extended a moratorium on medical marijuana businesses that has been in place since 2009. While in the past, the council had extended the moratorium for six months at a time, this time it was only for two months. The council is hoping some clarity will emerge this summer after the legislature finishes dealing with a package of medical marijuana bills.

Last Sunday, the Flushing Police announced they were reporting to the federal government medical marijuana users who were seeking to buy firearms. Police Chief Mark Hoornstra said his department began doing so about six months ago after an FBI training seminar. And it's not just gun buyers. Hoornstra said his officers report any interactions with individuals identified as medical marijuana patients to the National Instant Criminal Background Check System, or NICS, even if they are not committing a crime or violating the Michigan Medical Marihuana Act. He said his department has reported about ten patients so far.

On Tuesday, patient and dispensary advocates threatened to sue the city of Jackson if the city council approves an ordinance saying patients and primary caregivers can only use and grow their medicine in their homes. A council committee voted later that evening in favor of the ordinance. There are already at least two dispensaries in Jackson, and they would be forced to close if the ordinance passes. The Jackson City Council likely will consider the ordinance next Tuesday.


Montana

Last Wednesday, the state Supreme Court heard arguments in a case challenging a new medical marijuana law passed by the legislature last year. That law bans the commercial sale of medical marijuana. The Montana Cannabis Industry Association challenged it. Chief Justice Mike McGrath said the issue is not whether marijuana has medicinal value, but whether there is a right to sell a drug that federal law labels a Schedule I narcotic. A key component of the 2011 law was to make it illegal for marijuana providers to be compensated for their services and to limit them to three patients each. Supporters said that provision was necessary to end the business of marijuana and to ensure the drug was used as voters intended --to treat the neediest patients. An appeals court judge ordered an injunction that prevented the sales ban from taking effect, saying it would harm people's right to seek health care.


New Hampshire

On Wednesday, the state legislature gave final approval to a medical marijuana bill, which now heads to the desk of Gov. John Lynch (D), who earlier said he would veto it. Supporters are scrambling to either persuade Lynch to change his mind or come up with a veto-proof majority. They're not quite there yet.


Washington

On Monday, the Pasco City Council voted to ban collective medical marijuana grows. Five council members decided to end their year-long moratorium and amend Pasco's zoning code to say the city won't allow anything that violates local, state and federal law. That includes the issuing of a building permit or business license for a collective garden, where authorized patients would grow cannabis plants together. The legislature in 2011 passed a law allowing collective gardens, but Gov. Chris Gregoire (D) vetoed parts of it. The city had enacted successive moratoria on grows while waiting for the legislature to act this year, but got tired of waiting.

On Tuesday, the Kent City Council voted to ban dispensaries and collective gardens. The 4-3 vote came after more than 150 people at the meeting pleaded with the council not to enact the ban. Now, the Cannabis Action Coalition says it plans to sue the city.



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17 STATES that is great!

Medical Marijuana Update

by Phillip Smith,
June 13, 2012


After a brief hiatus, the DEA wrecking ball was back at work in California this week. Also, an important court victory in Colorado, a couple of court losses in Oregon, and Vermont is accepting dispensary applications. And there's a whole bunch more, too. Let's get to it:


California

Last Wednesday, Kern County dispensaries said they would try to overturn Measure G, a ballot measure approved by 69% of voters a day earlier. Measure G will require dispensaries to move to unincorporated areas of the county and also specifies that they must be a mile away from schools, churches, public parks, daycares, and each other. Dispensary operators said they are weighing their options for a legal challenge.

Last Thursday, the Humboldt County Planning Commission voted to revoke the permit for a Myrtletown dispensary. City planning staff said the Humboldt County Collective had failed to meet certain requirements outlined in its conditional use permit, including failing to widen a driveway and to provide financial information proving the collective is a nonprofit. The April arrest of collective president Bill Byron, 42, in Pennsylvania on suspicion of marijuana trafficking also didn't help. Byron has since stepped down as president. Now, the matter moves to the county Board of Supervisors.

Last Friday, an LA City Council panel gave its approval to the "gentle ban" that would shut down dispensaries all across the city but allow patients and collectives to have gardens. The council's Public Safety Committee voted 3-1 to recommend the proposal by Councilmen Jose Huizar and Mitch Englander to shut down dispensaries pending a state Supreme Court decision on the legality of permitting them. The panel also voted against a competing measure from Councilman Paul Koretz that would have allowed 100 dispensaries to stay open under strict regulation. Next comes a vote of the full council, but a date for that hasn't been set yet.

Also last Friday, Imperial Beach activists handed in signatures for a Safe Access Ordinance initiative in the city. Activists from San Diego Americans for Safe Access and the LGBT non-profit Canvass for a Cause handed in 1,555 valid signatures, or roughly 15% of all registered voters in the community. They collected more than 2,600 signatures, then verified their authenticity internally.

On Monday, DEA agents raided the El Camino Wellness dispensary in Sacramento. The dispensary was among a group targeted by the US Attorney in Sacramento last fall, and the owner of the building in which it was located had been the recipient of a letter from federal prosecutors warning her property could be seized. The DEA raiders were jeered by protestors who mobilized on hearing of the raid.

Also on Monday, a Lake County board approved a motion recommending guidelines for the number of plants allowable on small parcels. The Lake County Medical Marijuana Cultivation Ordinance Advisory Committee Monday approved a motion recommending allowing no more than three two plants uncovered outdoors for parcels smaller than a quarter of an acre, and up to six uncovered plants for parcels between one-quarter and one-half acre in size. The measure was approved on an 8-1 vote and now goes to the Board of Supervisors.

On Tuesday, the Lake Elsinore city clerk announced that an initiative campaign was underway to seek the legalization of dispensaries in the city. Backers of the initiative published a public notice last month, so signature gathering should get underway soon. The petition asks residents if they want an election to be held so voters could decide whether to approve an ordinance that would allow a limited number of medical marijuana dispensaries. The proposed ordinance would establish how such medical marijuana operations, also referred to in the petition as cooperatives, would be taxed, regulated and monitored. The city imposed a ban on dispensaries in 2010. An earlier initiative campaign fell short.


Colorado

On Monday, an El Paso County jury acquitted a medical marijuana grower of drug cultivation charges. Elisa Kappelmann, 52, had been looking at up to 12 years in prison on state charges after being arrested by Colorado Springs police in connection with a grow she was operating. Police said she was not in compliance with Colorado Department of Public Health documentation requirements. But defense attorney Robert Corry argued that Kappelmann had physicians' recommendations and caregiver forms for each of her 22 patients and was within her plant count even under the strictest interpretations of the laws. After six days of deliberations, the jury voted to acquit. Corry called the trial a "failed political test case" and urged El Paso County prosecutors to rethink their interpretation of the medical marijuana law.

Also on Monday, the Dacono City Council voted to ban medical marijuana businesses. The 4-2 vote will close three dispensaries, which have a little more than six months to leave town. Dacono has regulated dispensaries since 2009, although it's had a moratorium barring new ones since 2010. Angry dispensary operators and patients berated the council and vowed to file initiative petitions to get the ban overturned.


Massachusetts

Last Thursday, the state Supreme Court ruled in favor of medical marijuana opponents who argued the likely November ballot question was misleading. The Massachusetts Prevention Alliance had filed a petition against the question in May, but it was rejected by Attorney General Martha Coakley's office. Now Coakley and Secretary of State William Galvin must rewrite the "yes" section of the ballot question and get the new wording approved by the court. Opponents had challenged even the use of the term "medical marijuana," arguing that it isn't recognized as medicine under federal law, but the high court was okay with the term.


Oregon

Last Wednesday, a Washington County dispensary operator pleaded guilty to unlawful delivery of marijuana for payment and was sentenced to probation. Local police arrested Terry Spaunhorst, 54, the operator of Serene Dreams Medical Greens in Hillsboro. Prosecutors said Spaunhorst sold marijuana, a clear violation of Oregon's medical marijuana law. Last year, authorities raided another Washington County dispensary, Wake 'n Bake Cannabis Lounge in Aloha and convicted its owner on similar charges with similar results. A third dispensary, the Human Collective in Tigard remains open.

Last Friday, a Grants Pass man became the first registered Oregon grower to be convicted on federal drug trafficking charges. Jason Nelson, 36, was one of four medical marijuana growers from Southwestern Oregon who pooled their harvests and made monthly shipments from Portland to Boston in pods loaded with furniture bought from Goodwill. The other three faced state charges. Federal prosecutors crowed over the conviction and said they had "one more bit of evidence out there so people can be thinking critically whether or not this is what they want in their communities."


Vermont

Last Thursday, the Department of Public Safety announced that dispensary applications are now available. The department will authorize up to four medical marijuana dispensaries throughout Vermont based on a competitive scoring process. Applications are now being accepted, and the closing date to apply is June 22, 2012 at 4:30 p.m. A $2,500 non-refundable application fee must accompany all applications. To view the rules for the Vermont Marijuana Program (VMP) and to obtain a dispensary application, go to the Vermont Criminal Information Center.


Washington, DC

On Tuesday, city officials announced that all four dispensaries are free to pursue building and other permits. All four had previously advanced through the city licensing process, and three of the four have already won necessary approval from Advisory Neighborhood Commissions. But it will still be months before patients are able to obtain their medicine in the nation's capital; medical grows approved earlier have still not planted crops, and the dispensaries will not have any product until the grows harvest.


stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
June 20, 2012


It's mainly news from California this week, with DEA and LAPD raids leading the way, but also snippets from Colorado and Montana, and the DEA head on the hot seat. Let's get to it:




National

On Wednesday, DEA administrator Michelle Leonhardt ran into tough questioning (go to 47:15) at a House Judiciary Committee hearing on DEA oversight. After Rep. Jared Polis (D-CO) repeatedly and fruitlessly asked her whether meth or heroin is worse than marijuana, the best she could come up with was "all illegal drugs are bad." Nor would she concede under repeated questioning from Rep. Steven Cohen (D-TN) that marijuana causes less harm than meth. Cohen also went after Leonhardt on medical marijuana.

"Have you ever seen a person who had cancer and used marijuana to alleviate their condition?" Cohen asked. "I have, and would you agree it has some benefit for somebody who is dying, that marijuana is the only thing that makes him eat and smile according to his 80-year-old mother?"

"That's between him and his doctor," Leonhardt replied.

"Then why does the DEA take the position that medical marijuana is wrong?" Cohen asked before Leonhardt got a reprieve because his time was up.


California

Last Thursday, the DEA raided the G3 Holistic dispensary in Upland and federal prosecutors issued indictments for six people in connection with the raid.The folks behind G3 had operated three dispensaries, but shut down two after being warned to close by the feds eight months ago. Three operators of the chain as well as three workers involved in an Ontario grow warehouse that supplied it were taken into custody. All are charged with conspiracy to manufacture marijuana, possession of pot with intent to distribute it, and maintaining a drug location. They all face up to life in prison if convicted. The defendants were due in court in Riverside today.

As of last Thursday, there are no more dispensaries in Whittier. Whittier Hope Collective shut its doors after receiving a threat letter from federal prosecutors June 5. The Whittier City Council on a 3-2 vote in October 2009 approved a conditional-use permit allowing Whittier Hope Collective to operate. Nearly a year later the dispensary opened. The collective even joined the Whittier Area Chamber of Commerce. Now, its 5,000 members will have to go elsewhere.

Last Tuesday, Lake County supervisors directed county staff to draft an interim urgency ordinance restricting medical marijuana cultivation in unincorporated areas of the county. Staff will take under consideration comments from the Board of Supervisors, the public, and the Lake County Medical Marijuana Cultivation Ordinance Advisory Board. The supervisors are expected to consider the draft ordinance next week.

Last Friday, the IRS announced it had seized the bank accounts of a Sacramento dispensary. The DEA had raided the El Camino Wellness Center earlier in the week. The IRS said it seized $870,000 from bank accounts in what it described as a money-laundering investigation. The seizures underscore efforts by federal authorities to crack down on dispensaries by employing laws traditionally used to target money transfers by narcotics traffickers. The IRS referred to the dispensary as an "illegal marijuana store." El Camino opened in 2008 and last year became the first Sacramento dispensary issued a permit under a city regulatory program for medical marijuana outlets. The city is still collecting voter-approved taxes on local dispensaries, amounting to $1.1 million between July 2011 and March of this year.

Also last Friday, a Shasta County medical marijuana collective threatened to sue the county over its ban on dispensaries. The Medicine Man Collective Spiritual Center Corporation filed a claim earlier in the week saying the ban will have robbed them of $17.2 million by 2013. It is demanding a meeting with county officials to revise the rules, and says it will seek that amount in court if the county doesn't comply. The collective claims it had served some 20,000 patients in the past. County supervisors passed an ordinance banning pot collectives indefinitely in the unincorporated part of the county in December, and they also passed the county's first-ever ordinance limiting growing. The county counsel has 45 days from the date the claim was filed to accept or reject it.

On Monday, a San Diego initiative to regulate dispensaries failed to make the ballot. Citizens for Patient Rights and the Patient Care Association needed to gather 62,000 valid signatures to qualify, but collected fewer than 20,000. Proponents said the federal crackdown and prosecutions by San Diego DA Bonnie Dumanis had depleted dispensary ranks and impeded the flow of money needed to raise the signatures. The same groups last year collected more than 40,000 signatures to successfully repeal a city ordinance that medical marijuana dispensary directors and patients believed was too restrictive. They plan to pursue another initiative or to work with the new city council and mayor to pass regulations after the fall election.

Also on Monday, activists in Del Mar asked the city council to adopt a dispensary ordinance after collecting signatures from well over 10% of Del Mar voters. The Patient Care Association led the signature drive and hopes the council will immediately pass the Compassionate Use Dispensary Regulation and Taxation Ordinance in order to serve medical pot patients in Del Mar sooner rather than possibly later. But Del Mar officials opted to instead receive a report on the measure. By doing so, the council will have the choice to either adopt the ordinance within 10 days of receiving the report, to be issued by mid-July, or order an election. The Patient Care Association expects to qualify ballot measures in Solana Beach and Lemon Grove by the end of the week and in Encinitas by the end of the month. The proposed compassionate use dispensary ordinance would impose a 2.5 percent sales tax on medical pot to benefit the city's general fund.

Also on Monday, the Oaksterdam Cannabis and Hemp Museum announced plans to relocate. The museum, which is affiliated with Oaksterdam University, is being forced out of its present location by the April DEA and IRS raids on Oaksterdam properties, and must relocate by the end of the month. The relocation is a result of concerns raised by the City of Oakland about having the publicly accessible museum in a shared space with a downtown Oakland medical cannabis dispensary. The museum has been closed since the raids.

Also on Monday, the San Francisco City Attorney filed a brief defending the rights of local governments in California to issue permits authorizing medical cannabis collectives to serve their patients, urging the state Supreme Court to reverse a Court of Appeal holding that such regulation is substantially preempted by federal law. The amicus brief authored by Dennis Herrera and joined by Santa Cruz County Counsel Dana McRae argues that discretionary permitting, an integral element in planning and land use policy, is particularly essential for local regulation of medical marijuana dispensaries. The appellate court's October 4, 2011 ruling in Pack v. Long Beach, Herrera and McRae contend, wrongly hinders the ability of local governments to protect public health and safety effectively, and to enact policy innovations tailored to local needs.

Also on Monday, the San Leandro City Council again punted on regulating dispensaries and grows. The council agreed to take up the issue again next month. A moratorium is in effect until September 30, but city staff has warned the council it should have an ordinance in place before then. The council has been hesitating, waiting to see what happens with a dispensary regulation bill in Sacramento.

On Tuesday, Tulare County supervisors voted to oppose a statewide dispensary regulation bill over fears the regulations could limit local control of marijuana dispensaries and grow sites. The bill, Assembly Bill 2312, sponsored by Tom Ammiano (D-San Francisco), would require commercial marijuana growers to register with a new Board of Medical Marijuana Enforcement, and counties and cities could tax marijuana if local voters agree. It passed the Assembly last month, and is set for a Senate committee hearing next week.

Also on Tuesday, the LAPD raided two dispensaries in Woodland Hills because of "illegal sales" of marijuana. Witnesses identified the dispensaries as Green Joy and Green Magic, both on Ventura Boulevard. The raids were carried out by the Topanga Narcotics Division. The LAPD has been busy in the San Fernando Valley, with the department claiming that it had wiped out all cannabis stores in its Devonshire Division.

Also on Tuesday, Long Beach police raided a downtown dispensary just hours before the city council was to hear a report on enforcement of its four-month-old dispensary ban. Hit was THC Downtown, which had applied for a permit through a lottery process (while the city still handed out permits), failed to win the lottery, but opened anyway. Police said three employees and two security guards would face misdemeanor charges of violating the city's ban on dispensaries that were not permitted.

On Wednesday, patients and activists rallied in Sacramento to protest last week's raid on the El Camino Wellness Center. "The Obama administration is betraying patients and lying to the public," said Kris Hermes, spokesperson with Americans for Safe Access (ASA), one of the groups organizing Wednesday's protest. "The president and the attorney general have said publicly that the Justice Department is not targeting state-compliant medical marijuana dispensaries, but that's exactly what it's doing." Earlier this month, Attorney General Eric Holder told members of the House Judiciary committee that, "We limit our enforcement efforts to those individuals, organizations that are acting out of conformity with state law." However, by all accounts, El Camino was acting in full conformity with local and state laws.


Colorado

On Monday, the Commerce City City Council approved regulations under which medical marijuana businesses must apply for a conditional permit, and then for a business license. The program goes into effect July 1. License applicants must sign waivers that release the city from any liability for injuries or damages if state or federal agencies seek arrest or prosecution. The ordinance creates rules for regulating dispensaries, cultivation facilities, production and manufacturing of medical marijuana products.


Montana

Earlier this month, state Democrats added support for medical marijuana to their party platform. The new plank says that, because voters approved the use of medical marijuana, the Democratic Party supports "the right of qualified patients with a medical condition where marijuana is appropriate (to) have safe access to medical marijuana." Party spokesmen said the measure didn't spark much debate at the party convention. Some 61% of voters approved the Montana Medical Marijuana Act in 2004, but a combination of federal raids and changes by the Republican-led state legislature have left the program in tatters.


stopthedrugwar

SO? What good is that we need a call to legeallise M/M under Fed. law Other than that it seems to be just lip service.

Medical Marijuana Update

by Phillip Smith,
June 27, 2012


The feds continue to play hardball in California and local elected officials across the state are grappling with the issues. Meanwhile, Vermont moves ahead on dispensaries while New Hampshire's medical marijuana bill can't overcome a gubernatorial veto, and that's not all. Let's get to it:


Arizona

On Monday, an applicant for a dispensary and grow site sued Maricopa County, accusing the county of purposefully stalling action on its application to prevent it from seeking a state operating license. The lawsuit by White Mountain Health Center Inc. charges the county would not certify or reject its registration certificate, one of the Arizona Department of Health Services' first requirements for obtaining a dispensary license. Maricopa County last year decided to not allow employees to accept, process, or issue permits for dispensaries or grows until marijuana becomes a federally approved drug, but that puts the county at odds with the Arizona Medical Marijuana Act, which only allows local jurisdictions to impose "reasonable" zoning restrictions for dispensaries, and requires local zoning approval before a permit is processed by the state.


California

Last Tuesday, the Del Mar City Council opted to hear a report on a ballot initiative that seeks to improve access to medical marijuana in the city. The move came after activists handed in almost double the number of signatures required to place the initiative on the November ballot. The council could have adopted the initiative as written, put the issue on the ballot, or ordered a report, and it chose the latter. The proposed ordinance would allow dispensaries in the city and tax and regulate them. The council will have 10 days after receiving the report to either adopt the ordinance or order an election. The report is due by July 13.

Also last Tuesday, the Roseville City Council voted to ban outdoor grows. The council voted 4-1 to ban the grows after some residents complained about odors. The ordinance will take effect November 1, at the end of the outdoor growing season. The ordinance also limits indoor grows to fewer than 50 square feet in the grower's primary residence. Opponents of the ordinance argued to no avail that because Roseville doesn't allow dispensaries, patients must grow their own, and that indoor grows will cost patients money for equipment and operating costs.

Also last Tuesday, the Long Beach City Council held a contentious meeting as it considered whether to completely ban dispensaries later this summer. No votes were taken, but discussion was heated at times as the council revisited its ban on dispensaries and the temporary exemptions for 18 of them, which are slated to terminate on August 12.

Last Wednesday, Malibu's only two dispensaries announced they were closing, saying they had been hit with letters from federal prosecutors threatening prosecution and forfeiture. The letters to the Malibu dispensaries were among 34 sent to what the feds called "illegal marijuana operations" in Los Angeles County. The warning letters targeted all known dispensaries in the communities of Santa Fe Springs, Whittier, South El Monte, La Mirada, Diamond Bar, Artesia, Paramount, South Gate, City of Commerce, Agoura Hills and Malibu.

Last Thursday, Imperial Beach officials approved an initiative to repeal the city's ban on dispensaries and replace it with reasonable regulations. The county registrar said petitioners from Americans for Safe Access and the LGBT nonprofit Canvass for a Cause turned in enough valid signatures to qualify for the ballot. The city could vitiate the need for a special election on the issue by approving the initiative at the City Council, which will be discussing the matter at its July 18 meeting.

Also last Thursday, Fresno made permanent its ban on outdoor marijuana grows. The city council in January approved a temporary ban, and last week decided to join the rest of Kern County in banning outdoor grows. Police said indoor grows were less likely to attract criminals, but medical marijuana advocates countered that instead of thieves jumping fences to steal plants, there will now be home invasion robberies. Advocates also complained that indoor grows require expensive equipment and waste energy.

Last Friday, Lake County's Marijuana Cultivation Ordinance Advisory Committee met to hear an update about an urgency measure to adopt an interim law for marijuana growth but was precluded from directly discussing the merits of the proposal on Friday. The committee chair charged with making recommendations said it would be improper for the panel to discuss the ordinance at that meeting. The proposed temporary law would ban commercial medical marijuana cultivation as well as all growing on vacant properties and ban any grows within 600 feet of a school. It would also limit outdoor cultivation to three mature female or six immature marijuana plants on parcels smaller than half an acre, and six mature female or 12 immature plants on lands half an acre or larger, accessory to an approved residential use. Collective or cooperative organizations consisting of qualified patients and primary caregivers could grow as many as 36 mature female plants on parcels of at least five acres. Those groups would have to adhere to several rules, including that their site must contain a permitted residence and that their growing area must be screened from public view with a wooden fence.

Also last Friday, Vallejo police raided the Better Health Group Collective for the third time in the last three months. Better Health is one of at least five Vallejo dispensaries targeted in recent raids. Local prosecutors have charged six operators with felony drug charges, but dismissed charges against one.

Also last Friday, the mayor of Cudahy and two other city officials were arrested on federal charges they took bribes to support the opening of a dispensary in the city. Mayor David Silva and two city council members are accused of accepting $15,000 in cash from an informant working with the FBI. They're looking at up to 10 years in prison each. The city has a temporary moratorium on dispensaries, which will probably be renewed later this year.

On Monday, a bill to regulate and tax medical marijuana statewide died in Sacramento. Sponsored by Assemblyman Tom Ammiano (D-San Francisco), Assembly Bill 2312, would have created a state Bureau of Medical Marijuana Enforcement to license and regulate industry enterprises. But the bill ran into opposition from some legislators over its provision requiring localities to allow dispensaries unless they are voted down in a referendum. When Ammiano amended the bill to allow local officials to ban dispensaries, the bill began to lose favor among some medical marijuana advocates. Ammiano said he didn't have the votes to get it out of committee, but that a committee will study the bill this summer and he will reintroduce it next year.

On Tuesday, Yuba County supervisors approved the introduction of amendments to the county's public nuisance ordinance for medical marijuana. But while the county is still fine-tuning its ordinance, local growers said it is ignoring critical issues, such as a collective grows and are threatening legal action if the county doesn't move faster. The amendments are supposed to be voted on at the board's July 10 meeting, but that may not happen after one supervisor said more work was needed.

Also on Tuesday, hundreds of unhappy medical marijuana advocates piled into the Lake County supervisors' meeting to protest a pending medical marijuana ordinance. The multitude created a log-jam at the Lakeport courthouse security station, causing the hearing to be delayed until July. The crowd cheered when they learned the hearing was rescheduled for a larger venue. The hearing will be held July 9 in the fairgrounds' theater in Lakeport.


Colorado

On Tuesday, Fort Collins officials announced that an initiative to repeal a ban on dispensaries had qualified for the November ballot. Organizers needed 4,214 valid voter signatures, and election officials stopped counting at 4,302 with 743 more signatures unchecked. They had turned in more than 9,000 signatures last week. The city attorney's office will now draft language for the initiative at the next meeting of the city council on July 17. Last year, voters in the city approved the ban; this year, they will now have a chance to change their minds.


Montana

Last Friday, Montana Republicans approved a resolution calling for regulated medical marijuana. Republicans in the state legislature were responsible for gutting the state's voter-approved medical marijuana law last year, but the new position is that state Republicans would "support action by the next legislature to create a workable and realistic regulatory structure." Montana Democrats a week earlier approved a change in their platform saying they supported access for those who need medical marijuana.


New Hampshire

On Wednesday, the state Senate fell short in a bid to override a veto of the medical marijuana bill passed earlier by the legislature. As he did in 2009, Gov. John Lynch (D) vetoed it, and as in 2009, proponents were unable to get enough votes to override.


Vermont

Last Friday, state officials received four applications from potential dispensary operators. State officials are not revealing who the applicants are and where they want to operate, saying they consider that information confidential. The first dispensaries could be operating by the end of the year, but their locations and identities would be revealed when they seek local approvals.


Washington

On Tuesday, the Tacoma City Council heard testimony about a proposal to allow dispensaries and collective grows to operate in the city. Nearly 11 months after the council issued a moratorium on business licenses to medical marijuana dispensaries, Tuesday's hearing gave the public a chance to weigh in on a zoning framework that since has been formulated to allow such businesses, but regulate them. About a dozen people spoke, most in favor of the proposal. The proposal would allow collective gardens in the city's industrial zones and in certain downtown and mixed-use zones. That essentially would concentrate such operations in Tacoma’s port area and along South Tacoma Way. Dispensaries would be allowed in city zoning districts where commercial uses now are allowed.

stopthedrugwar

Medical Marijuana Update

by Phillip Smith,
July 04, 2012


California continues to have conniptions over medical marijuana, a scientific review finds marijuana's Schedule I status "untenable," and much, much more:




National

On Monday, the Open Neurology Journal published a review of several recent clinical trials assessing the safety of medical marijuana that found marijuana's current placement as a Schedule I controlled substance with no medical value in not scientifically justified. "Based on evidence currently available, the Schedule I classification is not tenable; it is not accurate that marijuana has no medical use, or that information on safety is lacking," the authors wrote. The lead author is Dr. Igor Grant, director of the Center for Medicinal Cannabis Research. The review and its conclusions directly contradict the stance of the DEA and FDA.


California

Last Wednesday, the state Supreme Court declined to review a lower court decision that okayed the city of Los Angeles shutting down a Culver City dispensary. The city had used nuisance abatement measures to shut down the Organica dispensary, and the store had appealed, arguing that it was protected by state law allowing collectives. LA city attorneys lauded the decision as vindicating their stance "dispensing and selling marijuana…remains illegal." Medical marijuana advocates beg to differ, and all are waiting on the Supreme Court to settle the issue when it decides another dispensary case later this year.

Last Thursday, Fresno banned outdoor grows within the city limits. The city council voted unanimously for the ban, which was recommended by Police Chief Jerry Dyer, who said outgrows promote violence in the city. A temporary ban had been in place since January. Under the new rule, cultivating the drug in an enclosed and secure structure, and in compliance with state marijuana law, is permitted.

Also last Thursday, a Santa Fe Springs councilman pleaded guilty in federal court to soliciting a bribe from a would-be medical marijuana dispensary operator. Councilman Joseph Serrano copped to the offense, then resigned his seat later that same day.

Last Friday, Rancho Mirage ordered a dispensary to close after city officials became aware of it when "residents in the area complained of smelling marijuana." The city is already being sued by two other dispensaries that have been forced out of business by the city's moratorium on dispensaries.

Also last Friday, a Sacramento ballot initiative signature-gathering effort came up short. Sponsored by the Committee for Safe Patient Access to Regulated Cannabis (CSPARC), the initiative sought to provide safe, regulated access for patients in the county. They needed 42,300 signatures by Monday and only had 25,000. While the measure will now not qualify for the November ballot, it could still qualify for a later election if it gets the necessary signatures by July 23.

On Monday, a state appeals court ruled that LA County's ban on dispensaries is illegal. "[… T]he County's complete ban on all 'medical marijuana dispensaries,' including collectives and cooperatives authorized under Health and Safety Code section 11362.775, conflicts with, and is thus preempted by, California's medical marijuana laws," wrote Judge P.J. Mallano in the unanimous decision handed down by the California Court of Appeals (2nd District) . The case is County of Los Angeles v. Alternative Medicinal Cannabis Collective, et al. The ruling is being seen as a major blow to arguments made in defense of the legality of dispensary bans.

Also on Monday, medical marijuana growers sued Yuba County over its new nuisance ordinance for marijuana cultivation. The lawsuit charges that the ordinance adopted by supervisors in May is overly restrictive and runs afoul of state law. Next week, the growers will file a request for a temporary restraining order to stop the ordinance from being enforced. The county's ordinance placed limits on the number of plants, the amount of ground the plants could be grown on, and the types of parcels where they could be grown. But the complaint states the ordinance doesn't address collectives, where one person might grow several plants on behalf of others, beyond the six-mature-plant limit stipulated in the ordinance.

Also on Monday, San Leandro put its plan to ban dispensaries on hold in the wake of the state appeals court ruling County of Los Angeles vs. Alternative Medical Cannabis Collective earlier the same day. That ruling invalidated LA County's ban on dispensaries. San Leandro has a temporary moratorium in place and had planned to make it permanent. That moratorium expires September 30.

On Wednesday, activists reported that a raid was underway at a Sacramento dispensary. The action, apparently undertaken by the Sacramento County Sheriff's Office was aimed at the First Amendment dispensary inside the Farmer's Market.


Colorado

Last Friday, a jury found medical marijuana patient Bob Crouse not guilty of possession with intent to distribute. Crouse, a leukemia sufferer argued that he needed large numbers of plants to ensure a steady supply of "phoenix tears," a slushy oil derives from marijuana plants. It takes a pound of marijuana to make an ounce of the oil. While state law limits patients to cultivating three plants, it also allows patients to possess as much as medically necessary. Crouse mounted an affirmative defense, and the jury agreed with him.


Massachusetts

Last Friday, a poll showed strong support for medical marijuana. The Public Policy Polling survey found that 57% of those polled said they would be okay with allowing patients to have access to medicinal pot, whereas 33% of voters were against it. The poll had a margin of error of +/- 3.3%.

On Monday, backers of a medical marijuana initiative said they had submitted enough signatures to make the November ballot. The Committee for Compassionate Medicine said it had more than the 11,000 additional signatures needed by Tuesday's deadline. The initiative would legalize marijuana for the treatment of certain illnesses and set up a dispensary system.


Michigan

Last Wednesday, an appeals court ruled patients can be arrested for marijuana possession if they don't have their state-issued paperwork or registry card. An appeals panel had earlier ruled that James Nicholson of Ottawa County could be immune from prosecution by producing his medical marijuana paperwork in court, but the full court disagreed, holding that medical marijuana registry cards and applications must be "reasonably accessible at the location" of an arrest for an individual to be immune from arrest.


Montana

Last Wednesday, medical marijuana entrepreneur Jason Christ filed a lawsuit against the Missoula Police Department, Missoula County Attorney’s Office, Missoula County 911, and other parties in US District Court. He is seeking $50 million in punitive damages, among other demands, for the defendants' "willful and malicious actions" that have caused him "emotional distress." Christ claims he is so harassed that it has "affected his bodily functions" and forced him to camp "down a vast network of unimproved dirt roads." The controversial Christ gained notoriety in 2009 and 2010 by helping thousands of people obtain physician recommendations for medical marijuana with his traveling one-day clinics, a move other medical marijuana advocates have criticized as providing fodder to foes, who successfully gutted the state law last year.


Nevada

On Monday, a legislator said he will introduce a medical marijuana bill next year that would allow registered patients a legal way to obtain their marijuana. Assemblyman Tick Segerblom (D-Las Vegas) said Monday he requested the bill because the legislature has failed in its duty to create an appropriate way for legal users to acquire marijuana. Segerblom wants to establish certified marijuana dispensaries, licensed farms where marijuana may be grown and to allow patients to buy from California dispensaries. His bill also calls for this medical marijuana to be taxed, although a rate has not yet been established. Another medical marijuana bill is being introduced by the Assembly Judiciary Committee. Details were not available.


New Jersey

Last Wednesday, a would-be dispensary operator sued the city of Camden over its rejection of his dispensary and cultivation application. Ilan Zaken, the owner of two vacant clothing stores, filed the lawsuit against the city, its zoning officer and its Zoning Board of Adjustments, alleging that they illegally rejected his application to use the buildings for the production of medical marijuana. Since New Jersey's Compassionate Use Medical Marijuana Act went into effect more than two years ago and since Gov. Chris Christie (R) cleared the way earlier this year, only two of the six nonprofits approved by the state to sell marijuana have won the necessary local permits.


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Medical Marijuana Update

by Phillip Smith,
July 11, 2012



Last week's middle of the week holiday made things fairly quiet on the medical marijuana front, but it looks like Massachusetts voters will have a chance to join the ranks of the medical marijuana states in November, and other efforts are underway in some surprising places. Let's get to it:


Arkansas

Last Thursday, petitioners handed in signatures for a medical marijuana initiative. The group Arkansans for Compassionate Care needs 62,507 valid signatures to qualify for the November ballot. They handed in 67,885 on Thursday. State election officials will do a "rough count" of the signatures to ensure that proponents have handed in at least the minimum number necessary to qualify for the ballot. While officials validate the signatures, proponents can continue to collect new signatures up to the 30 day deadline. They say they hope to gather another 40,000 or so just to be on the safe side.


California

Last Monday, petitioners for a Solana Beach dispensary initiative handed in signatures. The group Citizens for Patients' Rights handed in 1,600 signatures, almost ensuring the measure will qualify for the ballot. They only need 807 valid signatures. Once the measure is qualified, the city council will vote on whether to enact it directly or put it to a vote of the people. The council must act by August 10 for the measure to make the November ballot. Proponents have formally requested a special election if that deadline is not met. The proposal would allow nonprofit dispensaries in the municipality of Solana Beach, providing they are in full compliance with the zoning, licensing and operating standards included in the initiative.

Last Thursday, an effort to recall Redding City Council members failed. Medical marijuana advocate Rob McDonald undertook the effort in response to the city's ban on dispensaries, but came up far short of the 9,000 signatures needed to force a recall. Still, he said he was sending a message to politicians that their actions can have repercussions.

Last Saturday, Kern County's Measure G restricting dispensaries went into effect. The voter-approved measure will regulate how and when dispensaries can operate. It will even limit what a pot shop can sell. Dispensaries in unincorporated parts of the county will have to be located in a heavy or light industrial area and can't be within a mile of another dispensary, a church, school, or park. They can only be open from 10:00am to 8:00pm, and they can't sell edibles, pipes, or other marijuana-related products. The measure will affect 26 dispensaries, but it's not clear yet just how.

On Monday, Harborside Health Center announced it had been targeted for closure by federal prosecutors. Harborside is probably the largest dispensary on the planet and is well-respected locally, but had already been the target of the feds via an Internal Revenue Service investigation. This time, US Attorney Melinda Haag has threatened to seize the Harborside home base in Oakland as well as its sister store in San Jose. Employees found complaints taped to the front doors of the two locations Monday.

Also on Monday, Lake County supervisors adopted a compromise medical marijuana ordinance after a contentious day-long hearing before a crowd of hundreds. The ordinance is an interim measure while the county hammers out long-term rules. Growers responded in force to an earlier proposal for restrictive pot limits, developed in response to a spike in marijuana cultivation and complaints from non-growing residents about the stench from the plants, scary guard dogs and armed growers. The board compromised and loosened the restrictions. As adopted, the temporary ordinance allows up to six mature plants on parcels smaller than a half acre. The amount increases with the acreage and is capped at 48 plants for cooperatives with access to more than 40 acres.

On Tuesday, Yuba County supervisors suspended an ad hoc committee formed to discuss issues with medical marijuana growers. The move came after growers last week filed a lawsuit challenging the ordinance approved by supervisors earlier this year. Plaintiffs filed a civil complaint asking the ordinance to be thrown out, claiming, among other things, a lack of clarity on collective and cooperative grows could deny some users their prescriptions. The plaintiffs have also said they plan to file for a temporary injunction today in Yuba County Superior Court to prevent the ordinance from being enforced. Supervisors announced they had voted 5-0 during their closed session to refer the suit to outside counsel. Under the ordinance, medical marijuana cardholders are limited in how many plants they can grow by the size of the parcel on which they live, with additional requirements to shield the plants from public view.

Also on Tuesday, Americans for Safe Access filed a friend of the court brief in the Charlie Lynch case. Lynch ran the Central Coast Compassionate Caregivers dispensary in Morro Bay that had support from local officials, but was raided by the DEA in 2007. He was convicted in federal court of marijuana trafficking and sentenced to a year and a day in federal prison in 2009. His appeal should get a hearing later this year.


Colorado

Last week, two Colorado Springs dispensary operators filed a lawsuit against the state charging that the Department of Revenue has failed to clarify a key rule about when dispensaries can begin growing for patients. In the lawsuit, filed on behalf of Michael Kopta and Alvida Hillery, the plaintiffs ask that the department be ordered to clarify when in a patient's state approval process designated caregivers can begin growing for them. Kopta and Hillery were arrested on marijuana cultivation charges earlier this year, but said they thought they were acting in accordance with the law.


Delaware

Last Thursday, the Department of Health and Social Services began accepting applications for medical marijuana ID cards. The move came after the department finally finalized regulations for the program. While the regulations do not contain specific rules for dispensaries, there is space for them to be drafted in the future. Gov. Jack Markell (D) suspended implementation of the dispensary program after getting a threat letter from the US Attorney for Delaware, Charles Oberly III.


Kentucky

Last Thursday, a state senator said he would reintroduce a medical marijuana bill and name it in honor of longtime Kentucky hemp and marijuana activist Gatewood Galbraith, who died in January. Sen. Perry Clark (D-Louisville) had introduced a similar bill last year. It went nowhere then, and Clark said he doesn't expect much different next year.


Massachusetts

Last Tuesday, a spokesman for the secretary of state said a medical marijuana initiative had qualified for the ballot. Advocates had earlier gathered 80,000 signatures, putting the issue before the legislature. When the legislature failed to act, advocates needed to gather an additional 11,000 signatures to get the measure on the November ballot. Sponsored by the Committee for Compassionate Medicine, the initiative allows patients with specified medical conditions "and other conditions" to possess up to a 60-day supply of marijuana. Patients or their caregivers would have to obtain their medicine from one of up to 35 non-profit dispensaries or "medical marijuana treatment centers" and would not be able to grow their own unless they qualified under a hardship provision. Patients, caregivers, and dispensaries would be registered with the state.


Montana

As of the end of June, medical marijuana patient numbers were stabilizing. The number of cardholders was at 8,681, down only slightly from 8,734 at the end of May. The numbers had been in a free-fall after peaking at 30,036 in June 2011. That month, the legislature essentially gutted the medical marijuana program, making it much more difficult to buy and sell it. Federal raids also played a role. The number of caregivers also declined slightly from 400 in May to 390 in June. That's less than 10% of the number of caregivers in March 2011, when the figure stood at 4,848.


Nevada

As of the end of June, the number of medical marijuana patients was increasing dramatically. The state Health Division reported that 3,430 held medical marijuana cards, up by nearly a third over last year. That number could go even higher if the legislature next year passes a bill to allow dispensaries to operate in the state.


stopthedrugwar

wow now that was alot of reading ..thanks for keeping us all informed and up to date on all thats going on in our states ..but i see theres no movement going on in new york tho ..sad thing it is ..and i was starting to think we were closer then this to passing it here ..again great thread ..and thank you ..

Medical Marijuana Update


by Phillip Smith,
July 18, 2012




The federal crackdown on medical marijuana continues in California, the first plants are now being grown in New Jersey, and there's lot's more medical marijuana news, too. Let's get to it:


National

Last Tuesday, the US Department of Agriculture warned states that they cannot allow food stamp applicants to deduct the cost of medical marijuana expenses. The department acted after Portland's Oregonian newspaper surveyed medical marijuana states and found three -- Oregon, New Mexico, and Maine -- that allowed the deduction. Now, all three will have to stop.

On Tuesday, Rep. Sam Farr (D-CA) introduced the Truth in Trials Act, which would allow medical marijuana patients and providers facing federal criminal prosecution to present evidence that they were in compliance with state medical marijuana laws. The bipartisan bill has 18 cosponsors, including Reps. Barney Frank (D-MA) and Ron Paul (R-TX).


California

Last Wednesday, the DEA raided a Venice dispensary. The feds hit the Pacific Collective. The warrant remains under seal, so no further information is available, but it was the first federal action against Venice dispensaries since the state's US Attorneys announced a crackdown last fall.

Also last Wednesday, the Palm Springs City Council approved an urgency ordinance requiring city-approved dispensaries to visibly post that they are operating legally. While the city has numerous dispensaries, only three are legally approved by it. The ordinance also establishes an abatement process and fine program for dispensaries that do not comply with city mandates.

Last Thursday, Oakland officials ripped federal prosecutors for targeting the Harborside Health Center for closure. With 100,000 patients, Harborside is the world's largest dispensary. US Attorney for Northern California Melinda Haag filed asset forfeiture lawsuits against Harborside's two locations. The other one is in San Jose. At an early morning press conference, city and state officials lambasted the feds.The uproar will continue Monday, when President Obama visits the city. Protests are being planned now.

Also last Thursday, the former mayor and one-time city manager of Cudahy agreed to plead guilty to bribery charges for taking money to support the opening of a dispensary. Ex-Mayor David Silva and former City Manager Angel Perales will each plead guilty to one count of bribery and extortion. They solicited and received a $1,700 bribe from the would-be operator. Then they took $15,000 offered to them by a former dispensary operator turned FBI informant. They each face up to 30 years in prison.

On Monday, a Clovis dispensary operator was hit with federal money-laundering charges. Mark Bagdasarian owned the Buds 4 Life dispensaries in Tarpey Village and Friant. He already faced federal marijuana possession and distribution charges from an indictment filed last October, but now the feds have updated the indictment to include money laundering. They accuse Bagdasarian of laundering money through ATMs at his dispensaries.

Also on Monday, the San Leandro City Council moved to begin regulating dispensaries. The move came against the advice of city staff, who recommended a ban within city limits. Instead, the council directed staff to start work on regulating where and how such facilities could be located. The issue now moves to the council's rules committee, which will start work with city staff to determine how to begin the process of creating zoning and permitting rules.

On Tuesday, a dispensary sued the city of Victorville over its recently-passed ordinance banning dispensaries. High Desert Herbal Therapy opened in September and was cited for a city code violation and fined $400 in May for operating without a permit. The dispensary says the city refused to issue a permit and its ordinance conflicts with state law. It will seek a temporary restraining order next week.

Also on Tuesday, Lake County supervisors voted to disband the Medical Marijuana Cultivation Ordinance Advisory Board. The move followed the adoption of a 45-day urgency cultivation ordinance at a special BOS meeting July 9 and the filing of a request for a temporary restraining order and injunction against Sheriff Frank Rivero and the County of Lake last Thursday by an attorney on behalf of Don Merrill, who was a member of the committee.

Also on Tuesday, the DEA raided a Lake Elsinore dispensary for the second time in three months. The feds hit the Compassionate Patients Association and seized marijuana, but not cash or paperwork. The collective was first raided in April. Now, the new owner says she doesn't know if she will reopen.

Also on Tuesday, the Lemon Grove City Council voted to study regulating dispensaries. The council ordered city staff to prepare a report on the legal, financial, economic, and land use impacts dispensaries would have on the town. The council acted after Citizens for Patient Rights gathered enough voter signatures to put the issue to a vote if the council fails to act. The council also voted to have a subcommittee look into placing a competing measure on the same ballot that might include a ban on medical marijuana dispensaries.

As of month's end, the number of dispensaries in San Francisco will be at a 10-year low. The announced July 31 closures of HopeNet and the Vapor Room under federal threat will bring the number of dispensaries to fewer than 20. A year ago, there were 26 licensed dispensaries operating in San Francisco. US Attorney Melinda Haag's office has shut down six to date. A seventh dispensary was put out of commission by a house fire. There were as many as 40 dispensaries in the city in 2005, but the municipal Medical Cannabis Act limited the areas in which they could do business, leading some to close.


Michigan

Last Tuesday, a medical marijuana initiative campaign conceded it wouldn't make the ballot. The Committee for a Safer Michigan said it had collected only about 50,000 signatures while it needed 322,609 valid ones. The group is pledging to return in 2014.

Last Wednesday, Kalamazoo officials confirmed a dispensary initiative will be on the ballot this fall. Initiative backers had met the signature requirements, but city officials had concerns that medical marijuana court decisions in the state might affect its legal viability. Now, they are prepared to let the vote go forward.

Last Thursday, a medical marijuana rally was canceled because of a cease and desist order from Hayes Township, where it was to have been held. Donnie and Billie Jo Hogan, owners of the Mid-Michigan Caregiver's Club in Harrison, had planned the rally as a protest after being arrested for selling marijuana last month. But Hayes Township said it sought the order because the Hogan's didn’t have permits for food and camping. The Hogans canceled the rally on their attorney's advice.


Montana

Last Friday, a medical marijuana grower and provider was sentenced to seven years in federal prison in one of the harshest sentences yet related to last year's federal raids of large Montana medical pot operations. Christopher Ryan Durbin pleaded guilty in March to charges of conspiracy to manufacture and distribute marijuana and structuring or making bank deposits of less than $10,000 to avoid IRS reporting requirements. Durbin owned and operated several medical marijuana businesses in the Columbia Falls area and was in charge of the distribution network.


New Jersey

On Monday, Assemblyman Reed Gusciora called for hearings on delays in the state's medical marijuana program. The Trenton Democrat was one of the sponsors of the law, and he says the state's administration should explain the delays, but a schedule for his proposed hearings hasn't been announced. The state planned to have dispensaries open by July 2011. But the first one to operate legally now won't open until at least late August.

On Wednesday, the Greenleaf Compassion Center revealed it had been growing medical marijuana for the past few weeks. That marks the first time in decades that marijuana has been grown legally in the state. The first plants are about a foot high and the center's Montclair dispensary should be open and accepting patients by mid-September, said center president Joseph Stevens.


Washington

Last Tuesday, the Leavenworth City Council voted to ban collective gardens and dispensaries. The 5-2 vote confirmed a moratorium enacted in June after a collective garden opened in the city. Leavenworth Mayor Cheri Kelley Farivar said the city worried about liability, legality, zoning and public safety.

On Monday, the Shoreline City Council voted to approve regulations for collective gardens. It passed an ordinance providing for the adoption of permanent development code regulations for medical marijuana collective gardens. The 6-1 vote was met with cheers from a packed chamber.


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