The Herald profiled battle lines being drawn over Washington state's I-502 ballot initiative and the strange alliances being formed on both sides. Groups that found themselves on opposite ends of marijuana prohibition are finding that they have common goals, albeit for different reasons.
Jeremy Kelsey, who runs the Medical Marijuana Patients Network and whose shop won the gold cup in a recent High Times expo, voiced his skepticism at decriminalizing marijuana in the state before it's reclassified at the federal level. And he also is concerned that if the Washington initiative passes, the feds will continue to conduct raids against storefronts — any storefronts — that sell pot.
Kelsey's opposition to I-502 is joined by Pat Slack, commander of the Snohomish Regional Drug Task Force. His reasons for opposing the measure are because it enforcement of the law isn't spelled out for law enforcement officers like himself. Although anyone over the age of 21 would be allowed to possess marijuana, anyone younger would be arrested and tried under existing state laws regarding the drug.
"Who's most negatively impacted by being arrested for possession? Our youth. It impacts their ability to get jobs and get college funding. Initiative 502 doesn't do anything for them — nothing," he told the newspaper.
Experienced legal counsel to cannabis businesses, entrepreneurs, and patients.
Seattle, Washington (206) 728-0200
Tuesday, October 9, 2012
Wednesday, October 3, 2012
Pro-Access Groups, Patients and Unions Worked to Overturn L.A. Dispensary Ban
The Los Angeles Times reports that yesterday's repeal of the city council's dispensary ban demonstrates the growing clout of pro-pot organizers, unions and patients in the face of the anti-marijuana sentiment of the city's powers that be.
Rather than put the repeal of the ban on the upcoming ballot, the city council voted, 11 to 2, to get rid of the law entirely. (The issue will be voted on again at the next week because the measure did not pass unanimously.)
The so-called "gentle ban" would have closed all dispensaries and only allow patients to grow their own marijuana, despite the protests and testimony of patients and patient groups that it's not practical for many of them to grow their own pot.
Testimony given by Bill Rosendahl, a councilman and medical marijuana user, also shifted support to repealing the ban.
"Where does anybody go, even a councilman go, to get his medical marijuana?" Rosendahl asked his colleagues.
Despite the support for the repeal, Councilmen Jose Huizar and Mitchell Englander voiced plans to move forward against the dispensaries. Englander, according to Patch.com introduced a motion of enforcement against the storefronts and Huizar commented that the recent federal raids on Los Angeles dispensaries were "our relief."
Rather than put the repeal of the ban on the upcoming ballot, the city council voted, 11 to 2, to get rid of the law entirely. (The issue will be voted on again at the next week because the measure did not pass unanimously.)
The so-called "gentle ban" would have closed all dispensaries and only allow patients to grow their own marijuana, despite the protests and testimony of patients and patient groups that it's not practical for many of them to grow their own pot.
Testimony given by Bill Rosendahl, a councilman and medical marijuana user, also shifted support to repealing the ban.
"Where does anybody go, even a councilman go, to get his medical marijuana?" Rosendahl asked his colleagues.
Despite the support for the repeal, Councilmen Jose Huizar and Mitchell Englander voiced plans to move forward against the dispensaries. Englander, according to Patch.com introduced a motion of enforcement against the storefronts and Huizar commented that the recent federal raids on Los Angeles dispensaries were "our relief."
Monday, October 1, 2012
Medical Marijuana Laws Change the Emerald Triangle — Not for the Better, Some Say
The growing acceptance of medical marijuana may have an unintended consequence — squeezing out the small scale, outdoor growers of California's famed Mendocino and Humboldt counties.
The pot grown in the area, prized by connoisseurs of cannabis, brings in less cash each year. The farmers in the area, who take pride in the organic way they grow their crops, blame the fall in price to large-scale indoor grow operations that supply the dispensaries, the Los Angeles Times reports.
"It used to be a contest to see who could drive the oldest pickup truck. There's just been this huge influx of folks who have money on their mind, instead of love of the land. A lot more gun-toters. A lot more attack dogs," one grower says.
The old timers, who funded schools, roads and fire stations in their remote towns, complain that the newcomers aren't interested in investing in their communities. But the irony doesn't end there. In many cases, parents are discovering that their children are behind some of the large pot grow houses.
Though they've pushed for legalization and the medical use of pot, the growers are discovering that now that they're on the verge of achieving what they've always wanted, it may put them out of business. Some of them suspect California's medical marijuana law was a ruse by Bay Area pot activists to monopolize the market with large scale growers in Oakland.
"Ultimately we worry about Winston or Marlboro getting some land and doing their thing. We see it time after time in America — big corporations come in and take over," another grower worried.
The pot grown in the area, prized by connoisseurs of cannabis, brings in less cash each year. The farmers in the area, who take pride in the organic way they grow their crops, blame the fall in price to large-scale indoor grow operations that supply the dispensaries, the Los Angeles Times reports.
"It used to be a contest to see who could drive the oldest pickup truck. There's just been this huge influx of folks who have money on their mind, instead of love of the land. A lot more gun-toters. A lot more attack dogs," one grower says.
The old timers, who funded schools, roads and fire stations in their remote towns, complain that the newcomers aren't interested in investing in their communities. But the irony doesn't end there. In many cases, parents are discovering that their children are behind some of the large pot grow houses.
Though they've pushed for legalization and the medical use of pot, the growers are discovering that now that they're on the verge of achieving what they've always wanted, it may put them out of business. Some of them suspect California's medical marijuana law was a ruse by Bay Area pot activists to monopolize the market with large scale growers in Oakland.
"Ultimately we worry about Winston or Marlboro getting some land and doing their thing. We see it time after time in America — big corporations come in and take over," another grower worried.
Sunday, September 30, 2012
Stop Federal Raids, Los Angeles Times Opines
The Los Angeles Times is siding with advocates of medical marijuana and is calling on U.S. Attorney General Eric Holder to stop the current federal crackdown on dispensaries in the city.
The newspaper also points a finger at the lack of legal guidance from Sacramento. The murky legal climate in Los Angeles surrounding dispensaries, with the city council attempting to ban all facilities in the city and the subsequent petition to keep them open, is a direct result of that absence of leadership. The state legislature and the state's attorney general, Kamala Harris, have failed to put in place regulations for the cities to follow.
While the L.A. Times recognizes that federal law enforcement agencies are under no obligation to follow state or city laws — and they've demonstrated that they consider medical pot to be illegal, despite the will of the states — the situation in the state's capital isn't helping either.
"...the raids are likely to drive away businesspeople who want to run clean, safe storefronts serving sick people, sending the trade further underground and into the hands of a more criminal element," the paper's editorial board wrote. "That's why we urge Holder to rein in the four California U.S. attorneys spearheading the aggressive new stance, at least until we have some clarity on what's allowable and what isn't."
The newspaper also points a finger at the lack of legal guidance from Sacramento. The murky legal climate in Los Angeles surrounding dispensaries, with the city council attempting to ban all facilities in the city and the subsequent petition to keep them open, is a direct result of that absence of leadership. The state legislature and the state's attorney general, Kamala Harris, have failed to put in place regulations for the cities to follow.
While the L.A. Times recognizes that federal law enforcement agencies are under no obligation to follow state or city laws — and they've demonstrated that they consider medical pot to be illegal, despite the will of the states — the situation in the state's capital isn't helping either.
"...the raids are likely to drive away businesspeople who want to run clean, safe storefronts serving sick people, sending the trade further underground and into the hands of a more criminal element," the paper's editorial board wrote. "That's why we urge Holder to rein in the four California U.S. attorneys spearheading the aggressive new stance, at least until we have some clarity on what's allowable and what isn't."
Friday, September 28, 2012
States Flirting with Legalization May See Drug Enforcement as More Trouble than its Worth
In a post on opposingviews.com authored by the Libertarian-leaning Reason.org, the trend of Western states to legalize marijuana is compared to movements during prohibition to withdraw enforcement of the Volstead Act.
The upcoming legalization votes in Washington, Oregon and Colorado may force Democrats and Republicans alike to reconsider their stance on national drug policy. "If any of these ballot initiatives pass," the group writes, "it might be the most consequential election result this fall, forcing both major parties to confront an unjust, irrational policy that Americans increasingly oppose."
Though Oregon's measure is trending to maintain marijuana prohibition, the ballot initiatives in Washington and Colorado are looking hopeful for advocates of legalization. However, similar support was reported by polls in California's bid for legalization in 2010, but it fizzled and pot remained illegal.
The motivation for what may be the beginning of the end of the war on drugs? The realization that the constant costs of enforcement outweigh the benefits — if any — to society.
"That does not mean all these people are current marijuana consumers, eager for the lower prices, convenience, quality, and variety promised by a legal market," the group states. "But they, along with their friends and relatives, have had enough direct and indirect experience with cannabis to decide that prohibition costs more than it's worth."
The upcoming legalization votes in Washington, Oregon and Colorado may force Democrats and Republicans alike to reconsider their stance on national drug policy. "If any of these ballot initiatives pass," the group writes, "it might be the most consequential election result this fall, forcing both major parties to confront an unjust, irrational policy that Americans increasingly oppose."
Though Oregon's measure is trending to maintain marijuana prohibition, the ballot initiatives in Washington and Colorado are looking hopeful for advocates of legalization. However, similar support was reported by polls in California's bid for legalization in 2010, but it fizzled and pot remained illegal.
The motivation for what may be the beginning of the end of the war on drugs? The realization that the constant costs of enforcement outweigh the benefits — if any — to society.
"That does not mean all these people are current marijuana consumers, eager for the lower prices, convenience, quality, and variety promised by a legal market," the group states. "But they, along with their friends and relatives, have had enough direct and indirect experience with cannabis to decide that prohibition costs more than it's worth."
Wednesday, September 26, 2012
Court Decision Advance Medical Marijuana in Michigan, But Montana Denies Right to Pot as Medicine
If you think confusing medical marijuana laws are just for California, think again. One case in Michigan is a step forward for medical marijuana and another in Montana is a step back.
Courts in Michigan have decided that there is a "bona fide" relationship between patients and the doctors who prescribed them the medical marijuana. In this case, the issue at hand was Robert Ward's arrest following the discovery of 23 marijuana plants in a secured area. The prosecution questioned the doctor/patient relationship between Ward and Dr. Robert Townsend, the physician who signed off on his card.
The Weed Blog reports the court found in favor of Ward because Townsend kept detailed records of his patients, that he actually met his patients (and was not a "hotel or Internet doctor," and that the as-needed directions for the use of the pot was not an issue.
However, the Montana Supreme Court — usually known for upholding individual rights — ruled that there is no right medical marijuana. The decision puts new restrictions on dispensaries, such as them to three patients and prohibiting the storefronts from making a profit. This ruling was delivered despite a lower court blocking the new rules.
An attempt was made by the state's legislature to ban medical marijuana, despite the will of the voters who approved the measure and a veto by Gov. Brian Schweitzer. American Medical News reports that the Montana Marijuana Act, which outlined the new restrictions for storefronts, was then approved by the state's legislature.
Courts in Michigan have decided that there is a "bona fide" relationship between patients and the doctors who prescribed them the medical marijuana. In this case, the issue at hand was Robert Ward's arrest following the discovery of 23 marijuana plants in a secured area. The prosecution questioned the doctor/patient relationship between Ward and Dr. Robert Townsend, the physician who signed off on his card.
The Weed Blog reports the court found in favor of Ward because Townsend kept detailed records of his patients, that he actually met his patients (and was not a "hotel or Internet doctor," and that the as-needed directions for the use of the pot was not an issue.
However, the Montana Supreme Court — usually known for upholding individual rights — ruled that there is no right medical marijuana. The decision puts new restrictions on dispensaries, such as them to three patients and prohibiting the storefronts from making a profit. This ruling was delivered despite a lower court blocking the new rules.
An attempt was made by the state's legislature to ban medical marijuana, despite the will of the voters who approved the measure and a veto by Gov. Brian Schweitzer. American Medical News reports that the Montana Marijuana Act, which outlined the new restrictions for storefronts, was then approved by the state's legislature.
Monday, September 24, 2012
Los Angeles DA Hopefuls Want to Continue Dispensary Shutdown
If you didn't need any more confirmation of the anti-medical marijuana climate in the nation's second largest city, the most recent debate between the two candidates duking it out for the position of Los Angeles District Attorney, Chief Deputy District Attorney Jackie Lacey and Deputy District Attorney Alan Jackson, should confirm any lingering doubts.
Despite being a non-partisan race, the Democratic party endorsed Lacey; the Republicans are backing Jackson. They different on their opinion of a proposition that only a serious or violent crime would trigger a mandatory 25 sentence for someone with a "third strike" (Lacey supports it and Jackson opposes it). Lacey supports driver's licenses for illegal immigrants, while Jackson is against it (on the grounds it will encourage Mexican drug cartel activity).
However the one issue they agreed on? Continuing the prosecution of medical marijuana dispensaries, according to radio station KPCC.
Lacey: "It's my position that over-the-counter sales for money of marijuana are illegal."
Jackson: "Those folks are simple drug dealers."
Despite being a non-partisan race, the Democratic party endorsed Lacey; the Republicans are backing Jackson. They different on their opinion of a proposition that only a serious or violent crime would trigger a mandatory 25 sentence for someone with a "third strike" (Lacey supports it and Jackson opposes it). Lacey supports driver's licenses for illegal immigrants, while Jackson is against it (on the grounds it will encourage Mexican drug cartel activity).
However the one issue they agreed on? Continuing the prosecution of medical marijuana dispensaries, according to radio station KPCC.
Lacey: "It's my position that over-the-counter sales for money of marijuana are illegal."
Jackson: "Those folks are simple drug dealers."
Dispensaries Selling to Patients OK in Washington, Seattle Politicians Say, Feds Have it Wrong
The recent federal crackdown on Seattle's dispensaries has, predictably, caused the city's pro-cannabis forces to demand the DEA and US Attorney's office to leave the storefronts alone. But another, unexpected voice has been drawn into the debate — lawmakers.
Despite the justification that the only dispensaries that are near schools will be affected, State Representative Roger Goodman of Kirkland told National Public Radio Affiliate KPLU that the federal government is overreaching.
“Our message to the federal government is, get off our backs. We’re doing it right. The federal policy for the last 40 years has been the most corrosive, disastrous bipartisan failure in social policy and health policy. And the states are getting it right," he said.
Goodman isn't a lone voice in his dissent against the status quo of drug policy and dogma. Seattle city council member Nick Licata went on record saying that even if the dispensaries are selling medical marijuana near schools, it's not a violation of state law. Illegal sales of marijuana near schools are prohibited, but sales to patients at dispensaries are approved.
The US Attorney's office did not comment to KPLU, only saying that marijuana sales were illegal under federal law.
Despite the justification that the only dispensaries that are near schools will be affected, State Representative Roger Goodman of Kirkland told National Public Radio Affiliate KPLU that the federal government is overreaching.
“Our message to the federal government is, get off our backs. We’re doing it right. The federal policy for the last 40 years has been the most corrosive, disastrous bipartisan failure in social policy and health policy. And the states are getting it right," he said.
Goodman isn't a lone voice in his dissent against the status quo of drug policy and dogma. Seattle city council member Nick Licata went on record saying that even if the dispensaries are selling medical marijuana near schools, it's not a violation of state law. Illegal sales of marijuana near schools are prohibited, but sales to patients at dispensaries are approved.
The US Attorney's office did not comment to KPLU, only saying that marijuana sales were illegal under federal law.
Sunday, September 23, 2012
Facing Legalization in Washington, Oregon and Colorado, Anti-Pot Groups Think of the Children
Anti-marijuana groups, coming to terms with the real possibility of legalization in Washington state, Oregon and Colorado, have broken out the "won't someone think of the children?!" argument, Reuters reports.
Identifying their core constituents as soccer moms, the groups hold grassroots meetings in private suburban homes. There, anti-drug crusaders testify as to the evils of allowing even one marijuana plant to grow out of fear of possible corruption of their innocent offspring.
In the case of Colorado Republican State Representative Kathleen Conti, she talks about marijuana being the gateway drug and her son turning to heroin (never mind about social and parental factors or research pointing to alcohol as a gateway drug).
The groups are active in the states that will be voting on legalizing pot. The Colorado group raised the most money out of the other groups with nearly $200,000 in its warchest.
Pro-pot groups, such as the Campaign to Regulate Marijuana Like Alcohol, argues against the prohibitionist rhetoric of anti-marijuana groups. Its co-director, Mason Tvert, co-director of the group, points to a Centers for Disease Control study that found that teen pot smoking went down after pot was legalized for medical use in Colorado.
Identifying their core constituents as soccer moms, the groups hold grassroots meetings in private suburban homes. There, anti-drug crusaders testify as to the evils of allowing even one marijuana plant to grow out of fear of possible corruption of their innocent offspring.
In the case of Colorado Republican State Representative Kathleen Conti, she talks about marijuana being the gateway drug and her son turning to heroin (never mind about social and parental factors or research pointing to alcohol as a gateway drug).
The groups are active in the states that will be voting on legalizing pot. The Colorado group raised the most money out of the other groups with nearly $200,000 in its warchest.
Pro-pot groups, such as the Campaign to Regulate Marijuana Like Alcohol, argues against the prohibitionist rhetoric of anti-marijuana groups. Its co-director, Mason Tvert, co-director of the group, points to a Centers for Disease Control study that found that teen pot smoking went down after pot was legalized for medical use in Colorado.
Thursday, September 20, 2012
Medical Marijuana Could Cost Obama the Election, Executive Director for American for Safe Access Argues
Steph Sherer, executive director for pro-medical marijuana organization Americans for Safe Access, argues in The Huffington Post that allowing cannabis to those with a medical need could be a defining issue of the presidential election.
Despite Obama's generally progressive policies, she argues, the president has taken a hardline against states that have approved of the use of marijuana as a medicine and the dispensaries that allow access to patients. "Things would be different," she writes, "if the President would apply his campaign slogan, 'Forward,' to our cause: stopping the raids and prosecutions of state-permitted institutions, and moving public health policy forward by ending the conflict between state and federal law."
With Republican candidate Mitt Romey and President Obama in a virtual tie in many polls, Sherer points to the seven percent showing Libertarian candidate Gary Johnson is pulling in the swing state of Colorado. That seven percent may prevent Obama from taking its electoral votes.
There's little downside, Sherer adds. Most adult support medical marijuana (a whopping 80 percent) and another 76 percent do not support the raids against dispensaries.
"With the public on our side, why should patients and our loved ones be silent?" She states.
Despite Obama's generally progressive policies, she argues, the president has taken a hardline against states that have approved of the use of marijuana as a medicine and the dispensaries that allow access to patients. "Things would be different," she writes, "if the President would apply his campaign slogan, 'Forward,' to our cause: stopping the raids and prosecutions of state-permitted institutions, and moving public health policy forward by ending the conflict between state and federal law."
With Republican candidate Mitt Romey and President Obama in a virtual tie in many polls, Sherer points to the seven percent showing Libertarian candidate Gary Johnson is pulling in the swing state of Colorado. That seven percent may prevent Obama from taking its electoral votes.
There's little downside, Sherer adds. Most adult support medical marijuana (a whopping 80 percent) and another 76 percent do not support the raids against dispensaries.
"With the public on our side, why should patients and our loved ones be silent?" She states.
Wednesday, September 19, 2012
Reason.TV Examines the Unraveling of L.A.'s Latest Attempt to Ban Medical Pot, and its Backlash
Libertarian-leaning Reason.TV posted an online video story about the ban on medical marijuana in Los Angeles and the subsequent public outcry and petition to restore access to patients.
More than 50,000 residents of the city signed a petition to end the ban, effectively ending it before it had a chance to go into effect on Sept. 6.
Don Duncan, the California director of pro-access organization Americans for Safe Access chalks up the action as huge win for patients and those who support the rights of patients to have access to medical marijuana.
"We're letting the city council know that they can't just come in and trump the will of the people, and that when they do things that are very unpopular, the people can stand up and say stop," he told Reason.TV.
Duncan added that the petition may only the be the beginning, as L.A.'s City Attorney and law enforcement officials are determined to define medical cannabis as illegal.
More than 50,000 residents of the city signed a petition to end the ban, effectively ending it before it had a chance to go into effect on Sept. 6.
Don Duncan, the California director of pro-access organization Americans for Safe Access chalks up the action as huge win for patients and those who support the rights of patients to have access to medical marijuana.
"We're letting the city council know that they can't just come in and trump the will of the people, and that when they do things that are very unpopular, the people can stand up and say stop," he told Reason.TV.
Duncan added that the petition may only the be the beginning, as L.A.'s City Attorney and law enforcement officials are determined to define medical cannabis as illegal.
↵ Use original player
← Replay
Sunday, September 16, 2012
Seattle Proposes New Zoning Laws for Medical Marijuana Dispensaries
Seattle is hoping to avoid the legal quagmire plaguing Los Angeles' medical marijuana industry with a new set of zoning regulations.
The West Seattle Herald reports that a governmental task force made up of members of the city's mayor's office, councilmembers and the city attorney are establishing where medical cannabis can be grown, processed and dispensed.
Unlike Los Angeles, which enacted a city-wide ban on medical marijuana dispensaries that is currently in contention, Seattle hopes to provide access to patients who need the drug.
"I support safe and responsibly run access points for medical cannabis in Seattle; it's important that these access points be subject to zoning laws and other city regulations just like any other business or land use," City Attorney Pete Holmes stated in a press release.
The proposal would prohibit dispensaries in single family and multifamily residential zones, neighborhood commercial 1 zones as well as the Pioneer Square Mixed, International District Mixed and Residential, Pike Place Mixed and Harborfront communities. Dispensaries would be limited to 45 cannabis plants, 72 ounces of useable cannabis, and marijuana products that could reasonably be produced with 72 ounces of useable cannabis.
The West Seattle Herald reports that a governmental task force made up of members of the city's mayor's office, councilmembers and the city attorney are establishing where medical cannabis can be grown, processed and dispensed.
Unlike Los Angeles, which enacted a city-wide ban on medical marijuana dispensaries that is currently in contention, Seattle hopes to provide access to patients who need the drug.
"I support safe and responsibly run access points for medical cannabis in Seattle; it's important that these access points be subject to zoning laws and other city regulations just like any other business or land use," City Attorney Pete Holmes stated in a press release.
The proposal would prohibit dispensaries in single family and multifamily residential zones, neighborhood commercial 1 zones as well as the Pioneer Square Mixed, International District Mixed and Residential, Pike Place Mixed and Harborfront communities. Dispensaries would be limited to 45 cannabis plants, 72 ounces of useable cannabis, and marijuana products that could reasonably be produced with 72 ounces of useable cannabis.
Monday, September 10, 2012
Los Angeles Medical Pot Dispensary Ban Suspended as Petition Draws 50,000 Signatures
Medical Marijuana dispensaries in Los Angeles received a temporary reprieve from the city council's order to close — which may be permanent — with the submission of 50,000 signatures on a petition to put the issue on an upcoming ballot (petitions require a minimum of 27,425 registered voters to place an issue on a ballot).
Though the ordinance to close all the dispensaries in Los Angeles was to take effect on Sept. 6, the city attorney notified the public that it would not enforce the law until a statistical sampling of the signatures were verified, myfoxla.com reported.
Despite the public outcry, Councilman Jose Huizar (the architect of the current dispensary ban) maintained that the storefronts were illegal, regardless of the sentiment of voters — the same voters who approved the medical marijuana ordinance in 1996.
However, the ban comes as differing court decisions have thrown the legal landscape of storefront dispensaries into chaos. Huizar may want to put the genie back in the bottle, but there's no way the pot genie is going back in anytime soon.
Though the ordinance to close all the dispensaries in Los Angeles was to take effect on Sept. 6, the city attorney notified the public that it would not enforce the law until a statistical sampling of the signatures were verified, myfoxla.com reported.
Despite the public outcry, Councilman Jose Huizar (the architect of the current dispensary ban) maintained that the storefronts were illegal, regardless of the sentiment of voters — the same voters who approved the medical marijuana ordinance in 1996.
However, the ban comes as differing court decisions have thrown the legal landscape of storefront dispensaries into chaos. Huizar may want to put the genie back in the bottle, but there's no way the pot genie is going back in anytime soon.
Thursday, September 6, 2012
Despite Early September Weather, there's a Chill in the Air for Seattle's Dispensary Owners
Stuck between a rock and a hard place, many Seattle medical marijuana dispensary owners are opting to just get out of the way.
The Seattle Times reports a recent rash of about 30 the DEA and U.S. Attorney letters, ordering dispensaries to close and that landlords to the storefronts may have their assets seized, have had a chilling effect on the industry. Most of the businesses that received the letters shut down that day, and others later without notice.
The letters, sent to those dispensaries the DEA supposedly identified as being within 1,000 yards of schools and playgrounds, were delivered three days after two storefront owners pled guilty to drug trafficking and money laundering.
The owners that are still operating vacillate between remaining open and closing their dispensaries.
Others are having a hard time finding friendly land owners to open shop. "If clamping down on the industry was the goal, then mission accomplished," said Aaron Pelley, a Seattle attorney who represents medical-marijuana dispensaries, told the newspaper.
The Seattle Times reports a recent rash of about 30 the DEA and U.S. Attorney letters, ordering dispensaries to close and that landlords to the storefronts may have their assets seized, have had a chilling effect on the industry. Most of the businesses that received the letters shut down that day, and others later without notice.
The letters, sent to those dispensaries the DEA supposedly identified as being within 1,000 yards of schools and playgrounds, were delivered three days after two storefront owners pled guilty to drug trafficking and money laundering.
The owners that are still operating vacillate between remaining open and closing their dispensaries.
Others are having a hard time finding friendly land owners to open shop. "If clamping down on the industry was the goal, then mission accomplished," said Aaron Pelley, a Seattle attorney who represents medical-marijuana dispensaries, told the newspaper.
Friday, August 31, 2012
Seattle Dispensaries Dig In Despite DEA Shutdown Letters
Though the effect of the feds' attempts to close 23 dispensaries in the Seattle area have prompted some to close, other dispensaries are planning on disputing their allegations and defending their rights as businesses.
KOMO reports that the Coalition for Cannabis Standards and Ethics held a closed door meeting with its members, who were vocally upset, frustrated and expressed fear over the letters from the Drug Enforcement Agency and the U.S. Attorney's Office. The letters demanded the affected dispensaries shut down and their landlords order them to vacate their storefronts.
The DEA claims the businesses are within 1,000 yards of schools, parks and other facilities meant for children. They've given the 23 dispensaries 30 days to close or face criminal prosecution.
John Davis, CEO of Northwest Patient Resource Center, defended the medical marijuana industry. He said, "We pay our taxes. We employ citizens of Seattle. We go to great lengths to make sure we are compliant with state law, and even going above and beyond."
KOMO reports that the Coalition for Cannabis Standards and Ethics held a closed door meeting with its members, who were vocally upset, frustrated and expressed fear over the letters from the Drug Enforcement Agency and the U.S. Attorney's Office. The letters demanded the affected dispensaries shut down and their landlords order them to vacate their storefronts.
The DEA claims the businesses are within 1,000 yards of schools, parks and other facilities meant for children. They've given the 23 dispensaries 30 days to close or face criminal prosecution.
John Davis, CEO of Northwest Patient Resource Center, defended the medical marijuana industry. He said, "We pay our taxes. We employ citizens of Seattle. We go to great lengths to make sure we are compliant with state law, and even going above and beyond."
Wednesday, August 29, 2012
Feds Claim they're Thinking About the Kids in Seattle. But Not so Fast, Says TheFix.com
TheFix.com takes a closer look at the DEA and U.S. Attorney's crackdown on 23 dispensaries in the Seattle area.
Though medical marijuana's been legal in Washington state since December 1998, the recent crackdown by the feds were done under the auspices of that oh-so-common excuse, "Won't someone think of the children?"
The motivation for moving to close the dispensaries, as announced in a joint DEA/U.S. Attorney press release, was because they were open within 1,000 yards of high school.
In a self-congratulatory statement, U.S. Attorney Jenny Durkan said, "We all work hard to create a safe zone for kids in school. We need to enforce one message for our students: Drugs have no place in or near our schools."
To be fair, this is true. Medical marijuana has nothing to do about high schoolers getting high and like alcohol and cigarettes, some kind of minimum age threshold has to be agreed upon. Teenagers under the age of 18 would not meet anyone's definition of "old enough."
However, a whopping 91 percent of high school students claim they can find and buy marijuana in their own school. It raises the question of why any high school student would hike more than a mile for some pot, when they can probably score during study hall. Also consider that medical marijuana has even more hoops and regulations for patients to jump through for a prescription than just buying beer or a pack of Camels with a fake ID.
Though anti-pot crusaders claim that legalization of pot leads to more supply for high schoolers, studies have shown that the amount available for purchase to high schoolers is no more than what's available to those in areas where there are no laws that allow cannabis use, recreational or medicinal.
The site predicts that things will get even uglier for Washington in the fall, when legalization efforts ramp up for the election.
Though medical marijuana's been legal in Washington state since December 1998, the recent crackdown by the feds were done under the auspices of that oh-so-common excuse, "Won't someone think of the children?"
The motivation for moving to close the dispensaries, as announced in a joint DEA/U.S. Attorney press release, was because they were open within 1,000 yards of high school.
In a self-congratulatory statement, U.S. Attorney Jenny Durkan said, "We all work hard to create a safe zone for kids in school. We need to enforce one message for our students: Drugs have no place in or near our schools."
To be fair, this is true. Medical marijuana has nothing to do about high schoolers getting high and like alcohol and cigarettes, some kind of minimum age threshold has to be agreed upon. Teenagers under the age of 18 would not meet anyone's definition of "old enough."
However, a whopping 91 percent of high school students claim they can find and buy marijuana in their own school. It raises the question of why any high school student would hike more than a mile for some pot, when they can probably score during study hall. Also consider that medical marijuana has even more hoops and regulations for patients to jump through for a prescription than just buying beer or a pack of Camels with a fake ID.
Though anti-pot crusaders claim that legalization of pot leads to more supply for high schoolers, studies have shown that the amount available for purchase to high schoolers is no more than what's available to those in areas where there are no laws that allow cannabis use, recreational or medicinal.
The site predicts that things will get even uglier for Washington in the fall, when legalization efforts ramp up for the election.
Tuesday, August 28, 2012
Law to Shield Overdose Victims and Those that Assist them Passes California Assembly, Senate
With about 10 deaths a day from substance abuse in the state, California Assemblyman Tom Ammiano introduced legislation to shield the victim and anyone who assists the victim from drug possession and for being under the influence when seeking medical assistance, the L.A. Times reports.
Ammiano is a progressive voice in California's drug policy, and has gone on record for his support of medical marijuana and questioned federal prosecutors for their role in shutting down dispensaries.
"I'd rather have my kid around to yell at than to attend his funeral," Ammiano said.
The bill, Assembly Bill 472, has passed both the California Assembly and Senate. Surprisingly, the measure has drawn support from law-and-order minded Republicans as well.
Stopthedrugwar.org has quoted Republican Assemblyman Donald Wagner as saying, "This is not going soft on crime." He added that he does not approve of drug use, but the bill is necessary to "overlook some indiscretions for the greater good."
The site also has Assemblywoman Kristen Olsen, also a Republican, going on record with this: "It’s critically important to save lives. This bill doesn’t condone drug behavior."
Ammiano is a progressive voice in California's drug policy, and has gone on record for his support of medical marijuana and questioned federal prosecutors for their role in shutting down dispensaries.
"I'd rather have my kid around to yell at than to attend his funeral," Ammiano said.
The bill, Assembly Bill 472, has passed both the California Assembly and Senate. Surprisingly, the measure has drawn support from law-and-order minded Republicans as well.
Stopthedrugwar.org has quoted Republican Assemblyman Donald Wagner as saying, "This is not going soft on crime." He added that he does not approve of drug use, but the bill is necessary to "overlook some indiscretions for the greater good."
The site also has Assemblywoman Kristen Olsen, also a Republican, going on record with this: "It’s critically important to save lives. This bill doesn’t condone drug behavior."
Monday, August 27, 2012
California Supreme Court Dismisses Review of Dispensary Case, Could Throw City Bans into Jeopardy
The California Supreme Court added another contradiction to the state's medical marijuana landscape.
What's the best way to describe the new wild, wild West of medicinal cannabis? Confusing, though even that would be understating the current situation.
Though voters approved the medical use of marijuana and though most citizens seem to have no problems with the medical marijuana dispensaries that have sprung up in California's major cities, lawmakers on the local level and law enforcement officials on the federal level are determined to shut down access. Pack v. City of Long Beach is a recent example.
A medical marijuana dispensary defended itself in court by asserting that federal drug laws trumped municipal laws regulating dispensaries because marijuana is still illegal at a national level. The court agreed with the dispensary but cities used the decision to justify wholesale bans on the storefronts.
However, the California Supreme Court dismissed review of the case's appellate court ruling. This means that cities (including Los Angeles) that have used the Pack ruling as justification for wholesale bans on dispensaries face the possibility of their laws being nullified.
Opposingviews.com reports:
Though voters approved the medical use of marijuana and though most citizens seem to have no problems with the medical marijuana dispensaries that have sprung up in California's major cities, lawmakers on the local level and law enforcement officials on the federal level are determined to shut down access. Pack v. City of Long Beach is a recent example.
A medical marijuana dispensary defended itself in court by asserting that federal drug laws trumped municipal laws regulating dispensaries because marijuana is still illegal at a national level. The court agreed with the dispensary but cities used the decision to justify wholesale bans on the storefronts.
However, the California Supreme Court dismissed review of the case's appellate court ruling. This means that cities (including Los Angeles) that have used the Pack ruling as justification for wholesale bans on dispensaries face the possibility of their laws being nullified.
Opposingviews.com reports:
The reasoning used to dismiss the Pack case was that after the California Supreme Court decided to review the appellate decision, the Long Beach City Council repealed and replaced the ordinance with an outright ban on dispensaries thereby making moot the issues before the court. In addition, the petitioners in Pack "have now abandoned their federal preemption argument in favor of unrelated issues not raised or decided at any prior stage of this proceeding," according to the court.
Thursday, August 23, 2012
DEA, U.S. Attorney in Seattle Send Letters to Shut Down 23 Dispensaries
Citing its concern for children, the Drug Enforcement Agency and the U.S. Attorney for the Western District of Washington sent letters threatening closure and seizure of 23 dispensaries in the Seattle area today.
The dispensaries, the feds claim, are "within 1,000 feet of a school, playground or other prohibited area." The DEA and U.S. Attorney demands the business owners to halt business operations within 30 days.
Possible consequences for dispensaries that continue to operate include seizure and forfeiture of assets, as well as criminal prosecution. Landlords of the properties the dispensaries operate on couple face the seizure of and monies received from the business and criminal prosecition.
Jenny A. Durkan, U.S. Attorney for the Western District of Washington, stated in a media release: "We all work hard to create a safe zone for kids in school. There is a reason that both federal and state laws prohibit sales of marijuana in school zones. We need to enforce one message for our students: drugs have no place in or near our schools."
Of course, there's nothing mentioned about Washington state approving medical marijuana to begin with.
The dispensaries, the feds claim, are "within 1,000 feet of a school, playground or other prohibited area." The DEA and U.S. Attorney demands the business owners to halt business operations within 30 days.
Possible consequences for dispensaries that continue to operate include seizure and forfeiture of assets, as well as criminal prosecution. Landlords of the properties the dispensaries operate on couple face the seizure of and monies received from the business and criminal prosecition.
Jenny A. Durkan, U.S. Attorney for the Western District of Washington, stated in a media release: "We all work hard to create a safe zone for kids in school. There is a reason that both federal and state laws prohibit sales of marijuana in school zones. We need to enforce one message for our students: drugs have no place in or near our schools."
Of course, there's nothing mentioned about Washington state approving medical marijuana to begin with.
Wednesday, August 22, 2012
Pot Chewing Gum to be Introduced in 4 States in October
CanChew BioTechnologies, Netherlands-based company, will introduce a cannabis-based version of the candy in October.
Medical Marijuana, a U.S. company, now holds half of the company, which will be marketed for health and wellness as well as pain management.
The gum will be be almost THC-free which will relieve pain but not get users high, reports Big Buds, and will have almost total absorption by the body.
Medical Marijuana plans to launch a marijuana chewing gum in the U.S. this October in California, Colorado, Arizona and Washington D.C., also reports Confectionary News.
Dr. George Anastassov, the director of CanChew sees the gum as breakthrough in pain management. "Unfortunately, in the last 30 years, there has been absolutely nothing new in pain killing products," he said. "Current drugs have many dangers…Opioids have been a tremendous social burden, causing thousands of deaths each year."
Medical Marijuana, a U.S. company, now holds half of the company, which will be marketed for health and wellness as well as pain management.
The gum will be be almost THC-free which will relieve pain but not get users high, reports Big Buds, and will have almost total absorption by the body.
Medical Marijuana plans to launch a marijuana chewing gum in the U.S. this October in California, Colorado, Arizona and Washington D.C., also reports Confectionary News.
Dr. George Anastassov, the director of CanChew sees the gum as breakthrough in pain management. "Unfortunately, in the last 30 years, there has been absolutely nothing new in pain killing products," he said. "Current drugs have many dangers…Opioids have been a tremendous social burden, causing thousands of deaths each year."
Monday, August 20, 2012
Los Angeles Dispensaries File Lawsuit to Remain Open
As expected, dispensaries in the Los Angeles area sued to stop the City Council from closing their doors.
Medical marijuana trade group Patient Care Alliance filed a lawsuit against the city on the grounds that it violates the constitutional right to assembly. Under a law passed last month by the City Council, storefront dispensaries will be closed by Sept. 6. Groups of three or fewer patients will be allowed to grow and cultivate their plants. (In spite on the ban, the City Council confusingly passed an additional measure that instructs city staff to keep 180 dispensaries open.)
Marc O'Hara, an attorney for the Alliance, told Pasadena public radio affiliate KPCC, "There may be a misconception among people, maybe from the '60s, that you throw marijuana seeds in the backyard and then there’s all the marijuana. I think there’s a big difference between medical cannabis and backyard homegrown weed."
He also described the ordinance as "heartless," according to the L.A. Times.
Medical marijuana trade group Patient Care Alliance filed a lawsuit against the city on the grounds that it violates the constitutional right to assembly. Under a law passed last month by the City Council, storefront dispensaries will be closed by Sept. 6. Groups of three or fewer patients will be allowed to grow and cultivate their plants. (In spite on the ban, the City Council confusingly passed an additional measure that instructs city staff to keep 180 dispensaries open.)
Marc O'Hara, an attorney for the Alliance, told Pasadena public radio affiliate KPCC, "There may be a misconception among people, maybe from the '60s, that you throw marijuana seeds in the backyard and then there’s all the marijuana. I think there’s a big difference between medical cannabis and backyard homegrown weed."
He also described the ordinance as "heartless," according to the L.A. Times.
Thursday, August 16, 2012
Revenue Raised through Washington's I-502 Legalization Proposal Could be Billions — or it Could be Nothing
A study conducted by the Washington Office of Financial Management estimates that the state's I-502 proposal, which sets up mechanisms to legalize and tax marijuana, could raise up to $1<a href="http://seattle-criminaldefense.com" title="Washington Medical Marijuana Defense">.</a>9 billion in additional new revenue over five years<a href="http://seattle-criminaldefense.com" title="Seattle Medical Marijuana Defense">.</a>
Or it could generate no income, the Seattle Times reports.
If I-502 is made law, Washington's Office of Financial Management sees two scenarios: one in which pot shops sanctioned by the state government sell to adults and another where the federal government swoops in and shuts down the businesses<a href="http://seattle-criminaldefense.com" title="Seattle Criminal Defense">.</a>
The report states that there are "significant uncertainties related to federal enforcement of federal criminal laws" regarding pot. Raids on growers and retailers — which would be operating legally under state law if I-502 passes — "may prevent the development of a functioning marijuana market<a href="http://seattle-criminaldefense.com" title="Washington Medical Marijuana Defense">.</a>"
In a situation to parallel to Washington's, the U<a href="http://seattle-criminaldefense.com" title="Seattle Medical Marijuana Defense">.</a>S<a href="http://seattle-criminaldefense.com" title="Seattle Criminal Defense">.</a> Department of Justice promised to enforce drug laws when California considered legalizing marijuana in 2010<a href="http://seattle-criminaldefense.com" title="Washington Medical Marijuana Defense">.</a>
Proponents of I-502 believe that a wide victory may provide a mandate that keeps the federal government away. Alison Holcomb, campaign manager for the initiative, said the government conducted raids on storefronts that were abusing state medical marijuana laws<a href="http://seattle-criminaldefense.com" title="Seattle Medical Marijuana Defense">.</a>
However, many dispensaries in Los Angeles and San Francisco would beg to differ that only abusive stores have been targeted by the feds<a href="http://seattle-criminaldefense.com" title="Seattle Criminal Defense">.</a>
Monday, August 13, 2012
Olympic Anti-Drug Agency Classifies Pot as "Performance Enhancer"
When you think of performance enhancing drugs, the usual suspects of steroids and growth hormones come to mind.
But as fans who just watched the Olympics learned, pot is also considered a performance enhancer according to the powers that be at the Olympics. American competitor Nick Delpopolo was ejected from the games for "doping" with a marijuana-laced brownie.
Questions were raised as to why cannabis is on the World Anti-Doping Agency's list of prohibited drugs. According to WADA, a substance needs to fulfill two of three criteria to be placed on the banned list: be performance enhancing, be a potential health risk or go against the spirit of sport
Popular Science reports marijuana violates all three of those criteria. The drug minimizes anxiety and fear, as well as improves oxygenation and concentration. It also causes a risk to pulmonary functions and decreases cognitive performance. It also meets the final criteria of going against the spirit of the sport by with its near-universal illegality as well as conflicting with the "role model of athletes in modern society," and "negative reactions by the public, sponsors, and the media."
While there's an argument for the first two, the last reason seem suspiciously subjective, and seems to be more for PR and ensure lucrative sponsorships keep on rolling in.
But money has absolutely nothing to do with the Olympics, does it? (Yes it does.)
Strangely, the WADA prohibition also acknowledges there is an actual medicinal use for pot — which the U.S. government refuses to recognize.
But as fans who just watched the Olympics learned, pot is also considered a performance enhancer according to the powers that be at the Olympics. American competitor Nick Delpopolo was ejected from the games for "doping" with a marijuana-laced brownie.
Questions were raised as to why cannabis is on the World Anti-Doping Agency's list of prohibited drugs. According to WADA, a substance needs to fulfill two of three criteria to be placed on the banned list: be performance enhancing, be a potential health risk or go against the spirit of sport
Popular Science reports marijuana violates all three of those criteria. The drug minimizes anxiety and fear, as well as improves oxygenation and concentration. It also causes a risk to pulmonary functions and decreases cognitive performance. It also meets the final criteria of going against the spirit of the sport by with its near-universal illegality as well as conflicting with the "role model of athletes in modern society," and "negative reactions by the public, sponsors, and the media."
While there's an argument for the first two, the last reason seem suspiciously subjective, and seems to be more for PR and ensure lucrative sponsorships keep on rolling in.
But money has absolutely nothing to do with the Olympics, does it? (Yes it does.)
Strangely, the WADA prohibition also acknowledges there is an actual medicinal use for pot — which the U.S. government refuses to recognize.
Friday, August 10, 2012
As L.A. Bans Dispensaries, Riverside County Judge Denies Similar Shutdown
California's increasingly confusing patchwork of medical marijuana laws and court rulings is still as clear as mud.
On the heels of the Los Angeles City Council decision to shut down all dispensaries in its city limits (though it also voted to leave some of them open) a court has thrown out a similar ban in Riverside County, mydesert.com reports.
Riverside County attempted to shut down its dispensaries on the grounds they are not legal under county and state laws. However, Riverside County Superior Court Judge Ronald Taylor refused to grant Riverside's request for a preliminary injunction to shut the dispensaries down.
"The judge followed state law as it exists. I feel the county would do best to hold off and see how the Supreme Court rules," the attorney representing the dispensaries, David Welsh, said.
Naturally, the county took a different view and cried sour grapes over the ruling.
"In the same courthouse just three weeks ago, Judge (John) Vineyard granted us a preliminary injunction. Judge Vineyard is the judge that handles all marijuana dispensary cases, and Judge Vineyard got it right," Riverside County Deputy Counsel Patti Smith said.
On the heels of the Los Angeles City Council decision to shut down all dispensaries in its city limits (though it also voted to leave some of them open) a court has thrown out a similar ban in Riverside County, mydesert.com reports.
Riverside County attempted to shut down its dispensaries on the grounds they are not legal under county and state laws. However, Riverside County Superior Court Judge Ronald Taylor refused to grant Riverside's request for a preliminary injunction to shut the dispensaries down.
"The judge followed state law as it exists. I feel the county would do best to hold off and see how the Supreme Court rules," the attorney representing the dispensaries, David Welsh, said.
Naturally, the county took a different view and cried sour grapes over the ruling.
"In the same courthouse just three weeks ago, Judge (John) Vineyard granted us a preliminary injunction. Judge Vineyard is the judge that handles all marijuana dispensary cases, and Judge Vineyard got it right," Riverside County Deputy Counsel Patti Smith said.
Wednesday, August 1, 2012
Pro-Pot Travel Writer Rick Steves Talks Amsterdam
With medical access to pot and all-out legalization gathering steam in the U.S., Rick Steves, travel author and TV personality, gives a glimpse as to what the future possibly holds for pro-pot forces through the lens of Amsterdam.
Steves, who also co-sponsored Washington's I-502 initiative, points to the history of the city, which parallels America's situation. Hard drug use by visiting sailors were rampant in some parts of the city. Though the Dutch are not pro-drug by nature, they approved the opening of coffee shops that allowed the sale of pot. By also legalizing prostitution, the Dutch authorities were able to drive out gangs, dealers and pimps out of the city.
The numbers of coffee shops exploded in the '80s and '90s, reaching a high in the 700s and settling to about 200 today. The shops, which cannot openly advertise their botanical wares, that had complaints about noise or flouted the rules in place were shut down.
"They have a 25-year track record of not arresting pot smokers, and have learned that if you want to control a substance, the worst way to do it is to keep it illegal," he writes for The Huffington Post.
The city quarter that was home to the hard drug use that spurred the opening of coffee shops, or Zeedijk, is now a gentrified part of Amsterdam. The Dutch use half the pot as Americans and have fewer hard drug users than other parts of Europe.
But despite their successes, pressure from the provincial villages and towns may roll back the country's drug policies, at least for tourists. Coffee shops will be prohibited from selling marijuana to tourists, though Amsterdam is fighting the law.
"No one would say smoking pot is healthy," he writes. "It's a drug. It's dangerous, and it can be abused. The Dutch are simply a fascinating example of how a society can allow marijuana's responsible adult use as a civil liberty and treat its abuse as a health-care and education challenge rather than a criminal issue."
Steves, who also co-sponsored Washington's I-502 initiative, points to the history of the city, which parallels America's situation. Hard drug use by visiting sailors were rampant in some parts of the city. Though the Dutch are not pro-drug by nature, they approved the opening of coffee shops that allowed the sale of pot. By also legalizing prostitution, the Dutch authorities were able to drive out gangs, dealers and pimps out of the city.
The numbers of coffee shops exploded in the '80s and '90s, reaching a high in the 700s and settling to about 200 today. The shops, which cannot openly advertise their botanical wares, that had complaints about noise or flouted the rules in place were shut down.
"They have a 25-year track record of not arresting pot smokers, and have learned that if you want to control a substance, the worst way to do it is to keep it illegal," he writes for The Huffington Post.
The city quarter that was home to the hard drug use that spurred the opening of coffee shops, or Zeedijk, is now a gentrified part of Amsterdam. The Dutch use half the pot as Americans and have fewer hard drug users than other parts of Europe.
But despite their successes, pressure from the provincial villages and towns may roll back the country's drug policies, at least for tourists. Coffee shops will be prohibited from selling marijuana to tourists, though Amsterdam is fighting the law.
"No one would say smoking pot is healthy," he writes. "It's a drug. It's dangerous, and it can be abused. The Dutch are simply a fascinating example of how a society can allow marijuana's responsible adult use as a civil liberty and treat its abuse as a health-care and education challenge rather than a criminal issue."
Sensible Washington Proposes Alternative Legalization to I-502
Pro-pot group Sensible Washington seeks to file an initiative to repeal pot prohibition in the state. Though it sounds like I-502, Sensible Washington hopes to address its shortcomings voiced by other pro-pot groups.
The group's initiative repeals the civil and criminal penalties for adult who posses and use cannabis and removes the drug from Washington's list of controlled substances. It would not change the legal penalties for minors or driving while under the influence.
"Initiative 502 has caused a massive rift in the cannabis reform community and we want to give people a viable alternative," the group told WeedBlog.com.
If I-502 fails, Sensible Washington says their initiative will offer another option for the statewide legalization of cannabis. But even if I-502 passes, Sensible Washington's proposal addresses taking marijuana off the state's Schedule I controlled substances list.
Sensible Washington plans to file the initiative in January 2013. The group will have until July to collect the necessary signatures to appear on the general election ballot in November.
The group's initiative repeals the civil and criminal penalties for adult who posses and use cannabis and removes the drug from Washington's list of controlled substances. It would not change the legal penalties for minors or driving while under the influence.
"Initiative 502 has caused a massive rift in the cannabis reform community and we want to give people a viable alternative," the group told WeedBlog.com.
If I-502 fails, Sensible Washington says their initiative will offer another option for the statewide legalization of cannabis. But even if I-502 passes, Sensible Washington's proposal addresses taking marijuana off the state's Schedule I controlled substances list.
Sensible Washington plans to file the initiative in January 2013. The group will have until July to collect the necessary signatures to appear on the general election ballot in November.
Tuesday, July 31, 2012
L.A. Councilman Outs Himself as Medical Pot Patient
In the wake of the Los Angeles City Council's wholesale ban on medical marijuana dispensaries, Councilman Bill Rosendahl revealed to the L.A. Times that he has had a prescription for medical cannabis for 10 years.
Rosendahl uses pot to deal with the pain in his feet associated with neuropathy. A long time advocate of legalizing cannabis across the country, Rosendahl is the first member of the L.A. City Council to out himself as using medical marijuana.
"I think the war on drugs is destroying this great nation," Rosendahl is quoted as saying.
The L.A. Times also notes that dispensaries have been contributing to the reelection campaigns of councilmembers who've displayed a pro-pot posture.Rosendahl's reelection campaign in March accepted about $8,900 from the storefronts, which made up about 10 percent of the funds he raised.
Paul Koretz, another councilman who fought the outright dispensary ban, raised about 9 percent of his reelection funds, or $7,300, from the businesses.
"I'm an unabashed supporter of medical marijuana. I think it's a matter of life and death, literally. So they know keeping me in office would be a positive thing for them," he said.
Rosendahl uses pot to deal with the pain in his feet associated with neuropathy. A long time advocate of legalizing cannabis across the country, Rosendahl is the first member of the L.A. City Council to out himself as using medical marijuana.
"I think the war on drugs is destroying this great nation," Rosendahl is quoted as saying.
The L.A. Times also notes that dispensaries have been contributing to the reelection campaigns of councilmembers who've displayed a pro-pot posture.Rosendahl's reelection campaign in March accepted about $8,900 from the storefronts, which made up about 10 percent of the funds he raised.
Paul Koretz, another councilman who fought the outright dispensary ban, raised about 9 percent of his reelection funds, or $7,300, from the businesses.
"I'm an unabashed supporter of medical marijuana. I think it's a matter of life and death, literally. So they know keeping me in office would be a positive thing for them," he said.
Monday, July 30, 2012
What's Next for Medical Marijuana in L.A.? Advocates Plan to Take it to the People.
Medical marijuana access advocates may have been handed a defeat with their recent battle with the L.A. City Council's blanket ban on dispensaries, but they have their eyes on winning the war.
L.A. officials are crowing about the ban, with Jane Usher from the City Attorney's Office telling NBCnews.com, "We do expect tremendous voluntary cooperation. Nobody likes to be the subject of a criminal prosecution. The harder cases, we'll work with LAPD. We'll be complaint driven. We'll only pursue those dispensaries that are disrupting their neighborhoods."
But after the vote that banned the dispensaries, the city council then voted for 182 of the storefronts to remain open. The process could take months and Americans for Safe Access is also planning on a ballot initiative to overturn the ban.
Don Duncan, California director of Americans for Safe Access states, "The tens of thousands of patients harmed by this vote will not take it sitting down. We will campaign forcefully to overturn this poor decision by the council."
In the meantime, some dispensaries are referring their patients to stores in other, pot-friendly cities outside of the L.A. City Council's reach, such as West Hollywood.
So despite the efforts of some in Los Angeles, a blanket ban still faces an uphill fight — and very well may be thrown out by the voters, while patients are inconvenienced by having to drive further for their medicine.
L.A. officials are crowing about the ban, with Jane Usher from the City Attorney's Office telling NBCnews.com, "We do expect tremendous voluntary cooperation. Nobody likes to be the subject of a criminal prosecution. The harder cases, we'll work with LAPD. We'll be complaint driven. We'll only pursue those dispensaries that are disrupting their neighborhoods."
But after the vote that banned the dispensaries, the city council then voted for 182 of the storefronts to remain open. The process could take months and Americans for Safe Access is also planning on a ballot initiative to overturn the ban.
Don Duncan, California director of Americans for Safe Access states, "The tens of thousands of patients harmed by this vote will not take it sitting down. We will campaign forcefully to overturn this poor decision by the council."
In the meantime, some dispensaries are referring their patients to stores in other, pot-friendly cities outside of the L.A. City Council's reach, such as West Hollywood.
So despite the efforts of some in Los Angeles, a blanket ban still faces an uphill fight — and very well may be thrown out by the voters, while patients are inconvenienced by having to drive further for their medicine.
Wednesday, July 25, 2012
Medical Marijuana Spurs Reconsideration of Apartment and Condo Smoking Ban in Santa Monica
Santa Monica is referred to as the People's Republic of Santa Monica, sometime jokingly and sometimes seriously, among Angelinos.
In this case it's because of a ban which would have designated the apartments of new tenants as non-smoking, and would have only designated the units as smoking if the tenant informed their landlord. Enforcement of the ban would have been left to neighbors, with fines starting at $100, then $200, then $300.
An existing law prohibiting smoking on private balconies, porches and decks within a 25-foot radius of doors, windows and vents was in effect before the current proposal. While it wouldn't be the first city in southern California to attempt to ban smoking in residences (Calabasas, a little further north on the 101, has a similar ban), its progressive politics hurdled head on into its, well, progressive politics.
Concern that medical marijuana users would have to report their use to their landlords prompted one member of the the Santa Monica City Council reconsider their vote, the L.A. Times reports.
While the measure initially passed 2-4 on its first reading, the ban ultimately failed with a vote of 4-2. The council instructed the city staff to rework the ban, but did not give a date when it could take up the issue again.
In this case it's because of a ban which would have designated the apartments of new tenants as non-smoking, and would have only designated the units as smoking if the tenant informed their landlord. Enforcement of the ban would have been left to neighbors, with fines starting at $100, then $200, then $300.
An existing law prohibiting smoking on private balconies, porches and decks within a 25-foot radius of doors, windows and vents was in effect before the current proposal. While it wouldn't be the first city in southern California to attempt to ban smoking in residences (Calabasas, a little further north on the 101, has a similar ban), its progressive politics hurdled head on into its, well, progressive politics.
Concern that medical marijuana users would have to report their use to their landlords prompted one member of the the Santa Monica City Council reconsider their vote, the L.A. Times reports.
While the measure initially passed 2-4 on its first reading, the ban ultimately failed with a vote of 4-2. The council instructed the city staff to rework the ban, but did not give a date when it could take up the issue again.
Tuesday, July 24, 2012
BREAKING: L.A. City Council OKs Plan to Close Dispensaries, Drafting Plan to Keep Some Open, Contradicts Itself
In an attempt to clarify medical marijuana laws in Los Angeles, its city council is shuttering all registered dispensaries, but muddied the waters by also approving of a plan instructing the city's staff to allow 170 of the storefronts to remain open, the L.A. Times reports.
Confused? You aren't the only one.
The vote to close the pot shops was unanimous among the 14 city council members. Two or three person collectives which could grow and distribute marijuana amongst themselves are approved under the new measure, but pro-access advocates testified that it took years of training and at least $5,000 to cultivate medical grade cannabis.
The 726 dispensaries that registered with the city will be sent letters instructing them to close their doors. If they don't they'll face legal action. Unless they're one of the 170 that are allowed to remain open.
Councilman Jose Huizar, who called for the total dispensary ban, did not support the vote to leave 170 dispensaries intact. He promised the ban would be enforced — but he also acknowledged the city may not have the resources to shut down every dispensary in the city.
Confused? You aren't the only one.
The vote to close the pot shops was unanimous among the 14 city council members. Two or three person collectives which could grow and distribute marijuana amongst themselves are approved under the new measure, but pro-access advocates testified that it took years of training and at least $5,000 to cultivate medical grade cannabis.
The 726 dispensaries that registered with the city will be sent letters instructing them to close their doors. If they don't they'll face legal action. Unless they're one of the 170 that are allowed to remain open.
Councilman Jose Huizar, who called for the total dispensary ban, did not support the vote to leave 170 dispensaries intact. He promised the ban would be enforced — but he also acknowledged the city may not have the resources to shut down every dispensary in the city.
Monday, July 23, 2012
I-502 Gets $1.25 Million Shot in the Arm
Washington's Initiative 502 just got a major boost — a contribution of $1.25 million, the Seattle Times reports.
Prior to the million dollar shot in the arm, supporters of the ballot measure to legalize the purchase and possession of up to an ounce of marijuana raised $1.7 million. I-502 campaign manager Alison Holcomb said $1 million of the new contributions will be used to buy TV ads in August.
The $1.25 million comes from the Drug Policy Alliance and, surprisingly, Progressive Insurance founder Peter Lewis. At least now we know why Flo is so amicable.
Though the measure was initially met with skepticism and support trailed in polls, is now at 55 percent for and 32 percent against, according to a Washington TV station.
Supporters credit voters with becoming educated about the regulations that the measure will put in place, such as prohibitions against sales to anyone under 21, as well as becoming more comfortable with the proposal.
Prior to the million dollar shot in the arm, supporters of the ballot measure to legalize the purchase and possession of up to an ounce of marijuana raised $1.7 million. I-502 campaign manager Alison Holcomb said $1 million of the new contributions will be used to buy TV ads in August.
The $1.25 million comes from the Drug Policy Alliance and, surprisingly, Progressive Insurance founder Peter Lewis. At least now we know why Flo is so amicable.
Though the measure was initially met with skepticism and support trailed in polls, is now at 55 percent for and 32 percent against, according to a Washington TV station.
Supporters credit voters with becoming educated about the regulations that the measure will put in place, such as prohibitions against sales to anyone under 21, as well as becoming more comfortable with the proposal.
I-502: Tax Revenue at the Expense of Affordable Patient Access
Supporters of I-502 boast of projected state tax revenues of
more than $500 million annually. During
tough economic times, this fiscal boost appears encouraging, but at what cost
to medical cannabis patients?
Although I-502 moves in the right direction with regard to the decriminalization of cannabis, its taxing scheme is harmful to patients. The 25% cannabis tax is ultimately passed on to patients by way of higher prices for medicine. Washington voters passed laws permitting the medical use of cannabis out of compassion for the sick and disabled. This taxing scheme flies in the face of that compassion. At the very least, I-502 should have include tax relief for medical cannabis patients. An open and honest discussion on the impact of this onerous taxing scheme on medical cannabis patients must join the discussion on the implications of I-502.
Patients currently pay sales tax on medical cannabis, despite
the fact that “prescribed” medicines, like antibiotics, insulin and oxycodone,
are exempt from sales tax. I-502,
unfortunately, goes a step further, and in addition to sales tax, imposes a 25%
excise tax (“cannabis tax”) on every transaction involving cannabis. Thus, tax is imposed on each wholesale
purchase and every retail purchase of cannabis. This “pyramiding” of the cannabis
tax is unlike sales tax, which is generally imposed only on the final retail
transaction.
So why is this pyramiding of the tax so significant? I-502 sets up a licensing structure for the
production, processing, and sale of cannabis, resulting in potentially three
transactions of cannabis from the grower to the patient: (1) grower à processor; (2) processor
à retailer; (3) retailer
à patient. For example, assuming a gram of cannabis is
priced at $5/gram by growers; $10/gram by processors; and $15/gram at retail,
the total cannabis tax paid is $7.50.[*]
Sale
|
Price per Gram
|
Cannabis Tax
|
Sales Tax
|
1stSale: Producer/Grower to Ã
Processor
|
$5/gram
|
$1.25
|
|
2nd Sale: Processor Ã
Retailer
|
$10/gram
|
$2.50
|
|
3rd Sale: Retailer Ã
Consumer
|
$15/gram
|
$3.75
|
$1.78
|
Total Tax
|
$7.50
|
$1.78
|
Total State Tax =
$9.28. This total does not include other applicable state
and local taxes, including business and occupation tax.
Although I-502 moves in the right direction with regard to the decriminalization of cannabis, its taxing scheme is harmful to patients. The 25% cannabis tax is ultimately passed on to patients by way of higher prices for medicine. Washington voters passed laws permitting the medical use of cannabis out of compassion for the sick and disabled. This taxing scheme flies in the face of that compassion. At the very least, I-502 should have include tax relief for medical cannabis patients. An open and honest discussion on the impact of this onerous taxing scheme on medical cannabis patients must join the discussion on the implications of I-502.
[*]
Purchase and resale by an independent processor may be excluded, reducing the
total cannabis tax paid to the state.
Wednesday, July 18, 2012
Forget What You Learned in School — Alcohol is the Real Gateway Drug
As anyone who's been through a DARE speech — and that's pretty much anyone who's gone to school in the United States — one of the first things they tell you about cannabis is that it's a "gateway drug."
By that they mean one puff from a joint, pipe or vaporizer will condemn you to a life where you are not only at the mercy of mary jane, but harder drugs like heroin, cocaine and toad licking. Think "Reefer Madness," and those of you who've never sat through one of those presentations will understand.
It's taken as gospel among anti-drug crusaders, despite the fact we've have presidents who've admitted to smoking pot (regardless whether or not they actually inhaled), as have a sizable number of active and productive adults in the last 50 years.
A University of Florida study calls that orthodoxy of drug control into question. In fact, it's a legal substance (though not for minors) that they've discovered is more likely to lead them down the path of harder drugs.
Alcohol.
From a University of Florida press release about the study, to be published in the August issue of the Journal of School Health:
"In addition, the drug use documented found that substance use typically begins with the most socially acceptable drugs, such as alcohol and cigarettes, then proceeds to marijuana use and finally to other illegal, harder drugs. Moreover, the study showed that students who used alcohol exhibited a significantly greater likelihood — up to 16 times — of licit and illicit substance use."
By that they mean one puff from a joint, pipe or vaporizer will condemn you to a life where you are not only at the mercy of mary jane, but harder drugs like heroin, cocaine and toad licking. Think "Reefer Madness," and those of you who've never sat through one of those presentations will understand.
It's taken as gospel among anti-drug crusaders, despite the fact we've have presidents who've admitted to smoking pot (regardless whether or not they actually inhaled), as have a sizable number of active and productive adults in the last 50 years.
A University of Florida study calls that orthodoxy of drug control into question. In fact, it's a legal substance (though not for minors) that they've discovered is more likely to lead them down the path of harder drugs.
Alcohol.
From a University of Florida press release about the study, to be published in the August issue of the Journal of School Health:
"In addition, the drug use documented found that substance use typically begins with the most socially acceptable drugs, such as alcohol and cigarettes, then proceeds to marijuana use and finally to other illegal, harder drugs. Moreover, the study showed that students who used alcohol exhibited a significantly greater likelihood — up to 16 times — of licit and illicit substance use."
Tuesday, July 17, 2012
Tacoma City Council Pro-Cannabis in Legislation, Newspaper Runs Anti-Pot Editorial
The Tacoma City Council plans to zone areas where marijuana would legally be sold, and it's a bold first step to bring sanity and a mature perspective to medical and recreational marijuana use.
You'd think the media would give credit to legislators who are forward thinking and who have the fortitude to stand up for individual rights. But you haven't read The News Tribune.
A plan to sanction areas where medical pot dispensaries can operate legally is poised to be approved. Additional plans call for collective gardens, where those with a green card (which The News Tribune characterizes as "easy to obtain") can buy marijuana.
Their editorial acknowledges there is a need for police to easily patrol areas where there are dispensaries, stating "there’s much to be said for creating a legal framework that would restrict medical marijuana locations and allow Tacoma police to better monitor them."
But The News Tribune perpetuates the notion that all dispensaries must be illegal. However, they do not recognize in their opinion piece is the money the city of Tacoma will save by effectively legalizing marijuana and giving those who are looking for pot a defined place to look for it.
The article also notes how the collectives and dispensaries will be located in economically depressed areas. However, it also fails to take into account the taxes and revenues that will be generated by cannabis-related businesses and the establishments around them.
This is a rare instance where politicians should be applauded for their foresight — however, The News Tribune's adherence to a status quo that's being increasingly challenged? Not so much.
You'd think the media would give credit to legislators who are forward thinking and who have the fortitude to stand up for individual rights. But you haven't read The News Tribune.
A plan to sanction areas where medical pot dispensaries can operate legally is poised to be approved. Additional plans call for collective gardens, where those with a green card (which The News Tribune characterizes as "easy to obtain") can buy marijuana.
Their editorial acknowledges there is a need for police to easily patrol areas where there are dispensaries, stating "there’s much to be said for creating a legal framework that would restrict medical marijuana locations and allow Tacoma police to better monitor them."
But The News Tribune perpetuates the notion that all dispensaries must be illegal. However, they do not recognize in their opinion piece is the money the city of Tacoma will save by effectively legalizing marijuana and giving those who are looking for pot a defined place to look for it.
The article also notes how the collectives and dispensaries will be located in economically depressed areas. However, it also fails to take into account the taxes and revenues that will be generated by cannabis-related businesses and the establishments around them.
This is a rare instance where politicians should be applauded for their foresight — however, The News Tribune's adherence to a status quo that's being increasingly challenged? Not so much.
Tuesday, July 10, 2012
Dispensaries Back in Business in L.A.? Not so Fast, Says Appeals Court — the Same One that Struck Down Dispensary Ban!
A day after a California appeals court threw out a dispensary ban in unincorporated Los Angeles County, a panel — from the same court — affirmed limits on the number of dispensaries in the city.
The previous decision by Los Angeles County Superior Court Judge Anthony Mohr overturned the bans on the basis of preemption. Mohr found that the state law medical marijuana allowed dispensaries to operate without criminal prosecution, despite officials charging owners and operators with misdemeanors.
However, Los Angeles Superior Court Judge Douglas Sortino, wrote the next day that there was no preemption, based on prior court decisions and laws passed after those cases.
Naturally, the Los Angeles City Attorney was relieved with the decision. Los Angeles Special Assistant City Attorney Jane Usher said: "We're tremendously gratified that the court of appeal understood the state's medical marijuana laws and how they apply to the city's ordinance. The court of appeal reversed the trial court on each and every ground."
But it might not be as clear as the city attorney hopes. Doug Galanter, a lawyer representing one of dispensaries involved in the case, said, "We think the justices got it wrong on the question of privacy rights and due process, because we do think that state law does confer certain rights that afford due process."
In other words, situation normal...you know the rest.
http://www.metnews.com/articles/2012/pot070612.htm
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202561993785&slreturn=1
The previous decision by Los Angeles County Superior Court Judge Anthony Mohr overturned the bans on the basis of preemption. Mohr found that the state law medical marijuana allowed dispensaries to operate without criminal prosecution, despite officials charging owners and operators with misdemeanors.
However, Los Angeles Superior Court Judge Douglas Sortino, wrote the next day that there was no preemption, based on prior court decisions and laws passed after those cases.
Naturally, the Los Angeles City Attorney was relieved with the decision. Los Angeles Special Assistant City Attorney Jane Usher said: "We're tremendously gratified that the court of appeal understood the state's medical marijuana laws and how they apply to the city's ordinance. The court of appeal reversed the trial court on each and every ground."
But it might not be as clear as the city attorney hopes. Doug Galanter, a lawyer representing one of dispensaries involved in the case, said, "We think the justices got it wrong on the question of privacy rights and due process, because we do think that state law does confer certain rights that afford due process."
In other words, situation normal...you know the rest.
http://www.metnews.com/articles/2012/pot070612.htm
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202561993785&slreturn=1
Subscribe to:
Posts (Atom)