California Takes a Look at Zero Tolerance Drugged Driving Law, Reveals Potentially Confusing Implementation

California State Senator Lou Correa is proposing a "zero tolerance" law for drugged driving. Correa describes the bill as an expansion of existing drunk driving laws, reports KPBS.

The proposed bill would outlaw any levels of Schedules I through IV when anyone gets behind the wheel. This would include illegal drugs to over the counter drugs like non-drowsy cold and allergy medicine. (You can see where this is going, don't you?)

The proposed bill also makes no distinctions regarding medical marijuana. The debate surrounding Washington state's legalization put the spotlight on how long THC remains detectable in the body — which current research pegs at a month.

Think you'd be safe with a bona fide prescription for traditional pills and not a recommendation for cannabis? Think again. The law would make criminals out of anyone with any medication or drugs in their system, regardless of recommendation or prescription.

Opponents of the bill are calling for an impairment test instead of a "zero tolerance" law.

Think there's too many pot shops in Los Angeles? Consider the Alternative — One Dispensary for an Entire State

Though many might bemoan the number of dispensaries in Los Angeles, San Francisco and Seattle, an article by The Daily Beast highlights what life is like on the other side of the spectrum.

New Jersey has one medical marijuana dispensary to serve over 1,000 patients for the entire state. But that's not to say Greenleaf Compassion Center takes care of all the patients in the state — there's many others that are suffering that the dispensary can't accept because it doesn't have the inventory.

Marta Portuguez, who suffers from 11 ailments, including fibromyalgia and gastroparesis, told the website, "I keep waiting for them to call. I have my card. I’m ready to go. I passed...This is my body. I should be able to obtain any medicine that I deem OK for me. This is not the government’s right to decide!"

Many have claimed that New Jersey Gov. Chris Christie has intentionally skewed the medical marijuana regulations to intentionally ensure that it's nearly impossible for any new dispensaries to open. Christie has also appointed an ex-law enforcement officer known to be hostile to the idea of dispensaries to oversee the program.

Dr. Jeffrey Pollack, one of 199 doctors in New Jersey who can recommend cannabis to patients, added, "They’ve done everything to make the system fail in the long run."

Washington Likely to Seek a Firm for Pot Consultant Job — Feel Free to Scratch Your Head Now

Over 100 people applied for the pot consultant positions offered by state of Washington. These experts will establish regulations regarding growing, processing and selling marijuana in a legal marketplace, with knowledge of the current underground prices for pot.

But despite being overwhelmed by former medical marijuana and black market cannabis dealers gone straight who would know about the realities of pot, there's a very good chance that none of them may meet the state's requirements for a consultant.

If you have an MBA and have a consulting firm, like Deloitte and Touche, Ernst and Young and KPMG, you probably will qualify for this job...because if there's one thing huge business consultant firms can do, it's offering advice about legalized pot. And firing people.

Valerie Bauman, a staff writer with the Puget Sound Business Journal who's been following Washington's search for consultants, wrote (emphasis ours), "During my coverage of I-502, I’ve received a number of emails from readers who wanted to apply for the job of marijuana consultant. Unfortunately, no such job for an individual exists. The state is looking for a team or a firm – or a combination of companies – to submit a proposal for the consultant work."

Federal Judge Rules Against Oakland and World's Largest Medical Pot Dispensary; Not All Legal Avenues Exhausted

A federal judge rejected Oakland's attempt to defend the Harborside Health Center, considered to be the world's largest medical marijuana dispensary, the Los Angeles Times reports.

Cedric Chao, an attorney representing Oakland, challenged the federal government's crackdown on medical marijuana dispensaries, legal in California through a voter initiative. U.S. Magistrate Judge Maria-Elena James found no legal grounds for the city's action.

If the dispensary closes, Chao argued, its 108,000 patients will be forced to illegal avenues to secure their legal medical marijuana, which would lead to a public health and safety crisis.

However, not all of Oakland's options are exhausted. Oakland also challenged the federal government using the Administrative Procedure Act. Federal regulations follow the letter of the Administrative Procedure Act's law.

James ruled that Oakland did not fulfill the legal procedures to file a suit under the act.

States Attempt to Sort Out Driving While High Laws — But Are Finding Out Marijuana is Not the Same as Booze

Mother Jones takes a hard look at an issue that's coming to light as medical pot use is on the rise and many states consider legalization: driving while high.

Medical marijuana advocates in Washington derided I-502 before it passed because of its low THC threshold for impaired driving (5 nanograms per milliliter of blood) and that research has shown that THC persists in the body up to a month after ingestion in sizable amounts. Nevada and Ohio have taken a harder line at 2 nanograms, and others have enacted zero-tolerance laws.

While these laws are rooted in drunk driving policies, marijuana researchers have discovered driving while high is not the same as driving drunk.

Jan Ramaekers, a marijuana researcher, said, "The reality is that alcohol and cannabis are two very different drugs that affect people in very different ways."

High drivers tend to slow down and leave room around them while driving, which is the opposite of boozed-up drivers who speed and are overly aggressive. This does not mean high drivers are safer drivers — they're still two to six times more likely to be in accidents.

Democratic Administration Continues to Arrest Increasingly Unionized Marijuana Workforce

The New Republic examines the connection between labor and the medical marijuana and burgeoning legalized pot business. Despite the usually strong bond between the Democratic party and unions, the Obama administration's Department of Justice has continued to incarcerate dispensary workers and seize the assets of the owners.

This is despite the fact that those that work behind the counter in the medical cannabis industry are increasingly unionized by the United Food and Commercial Workers and that he proprietors of those businesses fully support their employees' right to organize. Medical marijuana is one of the few bright spots for unions, which have faced decreased membership.

The hippies usually associated with the access movement are inclined to allow unionization, while the newer, business-minded owners see labor as a way to legitimize their business.

The organization efforts of the UFCW also helped move legalization from a fringe issue, which historically had little attention and a negligible chance of passing, to a mainstream political cause that passed in Washington and Colorado as well as getting 45-plus percent of the vote in California.

Potential State-Sanctioned Pot Consiglieres Meet with Washington's Liquor Control Board

Though the call for consultants knowledgeable in all aspects of cannabis cultivation, processing, distribution and pricing seemed outrageous, about 75 people met with Washington state officials to learn more about the contract, the Puget Sound Business Journal reports.

Though pot use is legal for those over 21 in Washington, the state now has to deal with the actual administration of the law. To assist the Liquor Control Board with establishing rules and regulations for pot, Washington put out the call for consultants.

Those that showed up expressed concerns that bidding for the consultant position would be violating the state's conflict of interest laws. Those who would want to consult would also want a stake in the market — which would ultimately take many qualified candidates out of the running.

Others were worried about incriminating themselves, especially in light of the federal government leaving the door open to arrests of those involved in Washington's marijuana industry (despite being legalized).

However, many others felt they were already known to state and federal law enforcement because of their long history in growing, processing and distributing pot.

The U.S. Won't Study Pot…But the Israelis Will

Imagine a place where a government's response to studying medical marijuana is something other than a seven year old putting their fingers in their ears and saying, "I CAN'T HEAR YOU! LALALALALALA!" at the top of their lungs.

Amazingly, such a place exists. In fact, it's a place where most anti-drug crusaders consider holy. It's called Israel. Those "Just Say No" types would probably not be interested to know that THC was discovered there and that rabbis seem to have no problems with marijuana use.

Zach Klein, a specialist in medical marijuana policy (Wouldn't it be nice if we had one of those at the federal level?) with researchers from Tel Aviv University studied medical pot at 19 nursing homes, according to the National Pain Report.

Though it was a small-scale study with just 19 participants, 17 of the seniors regained lost weight. Complaints of pain, stiffness, tremors and insomnia went away once the patients began treatment with cannabis. It also helped those who were holocaust survivors and suffered from post-traumatic stress disorder. Most of those taking part in the study were also able to reduce the number of pills they were taking each day.

"This is just the tip of the iceberg. It’s the future. This is God’s doing, and it’s marvelous in our eyes," Klein said. But it's not like we'd be able to find any of this out in the U.S., given the state of federal "drug enforcement."

Potential LA Mayors Face Off in Debate, Former Tech Honcho Pleitez Wants the Market to Decide How Many Dispensaries Should be Open

The issue of medical marijuana dispensaries took center stage, to no one's surprise, at the latest Los Angeles mayoral debate sponsored by the League of Women Voters.

Councilman Eric Garcetti and City Controller Wendy Greuel both called on the federal government to reclassify marijuana as a medicine and also call for greater regulation as to where dispensaries can open and can remain open.

However, Garcetti said about 100 dispensaries were "about right," while Greuel didn't give an exact number.

Former tech executive Emanuel Pleitez seemed open to a laissez-faire attitude toward the dispensaries. He feels the marketplace should decide how many dispensaries the city should support and that "politicians shouldn't be in the business of setting numbers."

The sole Republican of the forum, Kevin James, called the City Council out for not being able to do anything about putting any sort of order on the dispensaries in Los Angeles.

"More pot clinics than Starbucks? Unbelievable," the Los Angeles Times reports James as saying. "Only this City Council could put a moratorium on 180 or so pot clinics — and it skyrockets to over 1,000."

Wanted: Marijuana Consultants — Apply to the State of Washington

Do you know the difference between kush and sativa? Or how to cook with pot (and I don't mean pot of the stainless steel variety)? Any idea of how to grow and process weed? If so, the state of Washington may have a job for you.

State officials are looking for those with expertise in cannabis to assist its state Liquor Control Board to help get its sanctioned marijuana industry up and running. Washington is in search for consultants to help form a committee that will help iron out the details for regulations to govern its voter-approved legalization law, the Puget Sound Business Journal reports.

According to the article, the state is specifically looking for individuals with product and industry knowledge, product standards and testing, usage and consumption validation (to "keep pricing at black-market levels") and product regulation.

Medical Marijuana Group Teams Up with Herbal Products Association to Expand Lobbying Efforts

The American Herbal Products Association, founded 32 years ago to represent botanical medicine companies, is now allied with Americans for Safe Access and will provide recommendations to states interested in regulating medical marijuana.

More importantly, the AHPA, which has spent more than $2 million for lobbying since 1998, will open new doors for the ASA's efforts to reach out to those in power. The partnership will also help medical marijuana advocates to advance the cause of cannabis as a medicine — despite, most recently, a court decision that refuses to reclassify the drug.


Michael McGuffin, American Herbal Products Association president, stated to The Huffington Post: "The AHPA Cannabis Committee includes in its charter a responsibility to develop policy recommendations that support safe use of products derived from cannabis species. This initial work should be well received by state regulators, who share our commitment to ensuring safe access to medical marijuana for their citizens."

Washington: State is Ready for Federal Challenge to Legal Pot Law

U.S. Attorney General Eric Holder met with Washington state Gov. Jay Inslee to discuss its recent legalization of pot. Though Holder had no comment for reporters, Crosscut reports Inslee dominated the meeting and made sure the federal government understood that Washington was going forward with implementing its legalization law.

"I don't believe we should put the brakes on this," Inslee told the press after the meeting. "We should continue in a rational way to make these rules, and that's the direction we're going to pursue."

Though the two discussed issues such as implementation, taxation, regulating pot under the law and how Washington will keep the pot from neighboring states, Attorney General Bob Ferguson has lawyers looking over the law and coming up with defenses in case the federal government sues the state.

Will Pot Treat Combat Vets with PTSD? The Government Doesn't Know and Doesn't Care

The courts may have decided that marijuana has no medical use, but how would they know unless they study it? Federal red tape is keeping an Arizona researcher from looking into benefits pot might have for vets with PTSD.

Dr. Sue Sisley received the OK to research the effectiveness of using marijuana to treat combat vets from the FDA in 2011, but the National Institute on Drug Abuse refuses to authorize the study. The NIDA is the only federal agency that grows marijuana for legitimate research.

"It's in the pipeline waiting in limbo until we can persuade NIDA to sell us the study drug and the DEA to give us a permit so we're allowed to store the drug on campus," Sisley told Phoenix's CBS5.

But Dr. Richard Strand with the Arizona Wellness Chamber of Commerce is much more frank in his assessment of the situation: "NIDA will not fund any research whose goal is to find benefits of medical marijuana."

Sun, Sand and…Maui Wowie?

A Hawaii lawmaker hopes to make The Aloha State the third to allow legalized pot possession.

Like measures voted into law in Colorado and Washington, the proposed legalization law would allow individuals over 21 to possess up to an ounce of cannabis and allow limited cultivation for personal use.

"We wanted to give it a hearing and see what the public says. We know that there will be strong public safety concerns brought up at the hearing," state Rep. Scott Saiki told KITV news.

Not surprisingly, the local law enforcement does not support the bill, stating, "The Honolulu Police Department is opposed to the legalization, decriminalization and medicinal use of marijuana."

Pot legalization in Hawaii is expected to generate about $20 million a year in fees and taxes. However, given that while most states have allowed some form of gambling, Hawaii remains one of the few that doesn't even have a lottery — so don't hold your breath for any legal Puna gold just yet.

Angelinos Will Have Third Medical Marijuana Option to Vote On

Los Angeles voters will have three medical marijuana initiatives to vote on for the May ballot, the L.A. Daily News reports. The latest, floated by the City Council, would prohibit dispensaries from operating 1,000 feet from schools and tax $60 for every $1,000 in sales, as well as limit hours operation and require background checks on dispensary employees.

The option is being presented as a compromise between the other two initiatives that will be voted on. One initiative would allow dispensaries 1,000 feet from schools, churches and impose the same tax structure as the City Council's proposal; the other would only allow about 100 dispensaries that have been open since Sept. 14, 2007 to remain open.

Regardless of which initiative is voted in, given the constant flip-flopping of the Los Angeles City Council's position on medical marijuana, it's a safe bet that medical pot is far from being resolved.

Washington Apartment Moves to Ban All Pot, Wants Tenants to Narc on Each Other

A Seattle apartment landlord wants to make all pot — smokable and non-smokable, medical and recreational — cause for eviction. But that's not all, it also wants its tenants to narc on each other.

Iraq war vet Alex Aversano, who uses a liquid form of pot for pain and PTSD, found a note on his door informing him of the request. The note also asked him to sign an amendment to his lease and when Aversano complained, the management company admitted they cannot make anyone sign an amendment in the middle of their lease.

Though medical marijuana and and recreational marijuana are legal under Washington law, the largest association of landlords in the state is of the opinion that it can be banned under federal law.

Medical marijuana advocate and criminal attorney Doug Hiatt told the Yakima Herald that a prohibition by landlords would be difficult, if not impossible, to enforce.

"What would they do," Hiatt said, "search everybody’s chocolate chip cookies? It’s 'Reefer Madness' all over."

Legalization in Colorado, Oregon Causing Latin American Countries to Re-Think Their Drug Policies

Policymakers and politicians in Central and South America are openly revolting against decades of American-sponsored anti-drug laws that places their police, soldiers and civilians in harm's way when legalization is taking firm root in the United States.

Mexican congressman Fernando Belaunzarán told Time.com, "Everyone is asking, What sense does it make to keep up such an intense confrontation, which has cost Mexico so much, by trying to keep this substance from going to a country where it’s already regulated and permitted?”

Pot legalization is being seriously considered in countries south of the United States as a way to deny drug cartels revenue from cannabis and to end the violence that's caused by enforcement, particularly in Mexico.

Belaunzarán added, "It’s time the world discuss a new paradigm to confront drugs. In Latin America it’s already happening. And the U.S. is applying it de facto because states are already regulating marijuana."

Pro-Legalization Forces Makes Resolution for Oregon, California

Reuters reports that pro-pot legalization advocates plan to return to two states where they've been refused — Oregon and California.

The states were among the first to allow the medical use of marijuana, but recently rejected its recreational use. Bolstered by their successful initiatives in Washington and Colorado, pro-legalization groups plan on taking the fight back to California and Oregon.

Dale Gieringer, director of the California branch of the National Organization for the Reform of Marijuana Laws, said, "We know that the younger generation is more supportive and the opposition really comes from the older generation. And as time goes on there's more of the younger generation and less of the older generation. The second factor is we have these results in Colorado and Washington under our belt, so that sort of fertilizes the ground."

The strides medical and legalization groups made to advance marijuana is remarkable. Medical marijuana's moved from a fringe political issue to an issue that's rallying conservatives and progressives alike. In the same way, talking about legalization a few years ago would never have been taken seriously, but the turnout to support legalized weed in Washington and Colorado shows the public is ready for a real change in national drug policy.

Reflections on a Collective: Shari Albert's Medical Marijuana Education

While most joke about writers and actors waiting tables and working at call centers until their big break, Shari Albert writes about her experiences working in a Los Angeles medical marijuana collective.

Though she originally took the job as a means of survival between gigs after appearing in the Sundance Grand Jury Prize-winning film "The Brother’s McMullen," she found herself liking the job's human contact and the availability of pot.

She writes: "In LA, you can go entire days without talking to another human, but this job forced me to get out of the house, interact with people whose lives were very different than mine, and learn, in the process, to let go of a lot of judgment I didn’t even knew I carried with me.

"On the flip side, I was smoking WAY too much weed. I realized this when hanging out with a friend, hitting the bong about three times more than he did, and not even getting high. At five feet tall, my tolerance felt like a football player's. He was concerned, as was I."

The schizophrenic nature of Los Angeles' medical pot laws are also touched on, such as pot, or "medicine," technically not being "sold."

Albert has since gone on to star in "Ugly Betty," "King of Queens," and "Law & Order." She's now working on a web series about a medical marijuana collective...of course.

DEA Uncooperative in LAPD Investigation of Drug Suspect's Death

In a display of just how crazy the "war on drugs" has gotten, the Los Angeles Police Department is investigating a murder that occurred during the Drug Enforcement Agency's watch — and is getting stonewalled in their inquiry, the LA Times reports.

The investigation, which has been ongoing for the past two years, involves the arrest and subsequent death of Alberto Arriaga, who had been fingered by a DEA informant as a supposed meth dealer.
When he was taken in by the LAPD to be booked, Arriaga said he had no medical issues, but later complained of abdominal pains and that he was beaten by the DEA agents. He was taken to a hospital and died 16 hours later.

Homicide investigators tasked with investigating the death were told the DEA agents needed to find legal representation, then were told the questioning would have to be done after the autopsy was completed.

However, the agency did not make the agents available. Los Angeles prosecutors then decided that local police had no jurisdiction to question federal agents. The US Attorney agreed to do the questioning — but to date, it has not occurred.

City of Oakland: 'There is No Science' When it Comes to the Feds and Medical Pot

In an effort to stop the federal government from closing the Harborside Health Center medical marijuana dispensary, the city of Oakland stated that "In the (federal) government's world, there is no science," during a lawsuit Reuters reports.

Harborside, which claims to be the biggest medical pot dispensary in the world, is estimated to generate about $1.4 million in sales tax revenues for the city this year. Though the federal government attempted to seize the dispensary's assets in July, Oakland took the government to court in October to stop the proceedings.

Cedric Chao, who represents Oakland, stated the government's own researchers discover new medical uses for pot and "sought exclusive ownership rights to cannabis compounds."

The federal government asserts federal law trumps state laws and municipal laws which allows medical marijuana, of course. This is despite the numerous states that have OK'd pot for medical use and that Washington state and Colorado approved of its recreational use.

Washington City's Proposed Changes in Zoning Medical Marijuana Businesses Causes Uproar

Proposed zoning changes for medical marijuana facilities in Everett, Wash. have access advocated up in arms. The proposed law would allow the city to close medical marijuana operations on nuisance grounds, but would allow collective farms to conduct business in parts of the town designated as industrial, away from its residential areas.

Despite the fact that marijuana is legal in Washington for medicinal and recreational purposes, Everett's city council is worried about the federal government closing the medical pot businesses.

"We want to make sure we are honoring state law. We also want to make sure that the federal law is not going to put us in a bad situation," said Everett city spokesperson Kate Reardon told KOMO News.

However, the city's justification does not satisfy medical marijuana users who are protesting the proposed changes. "Why is is fair for someone in Seattle or Shoreline to have that right, or the corner store, when these people in Everett can't? It's just not fair," said Jeremy Kelsey of the Medical Marijuana Patients' Network.

Medical Marijuana User Faces Termination of Housing Benefits — In Colorado (as in Pot-is-Legal-in-Colorado Colorado)

A Longmont, Colorado woman is facing termination of her Section 8 benefits because of her use of medical marijuana — despite the fact that the state was one of two that recently legalized recreational use of the drug, Denver NBC affiliate 9News reports.

Ashley Weber, who was paralyzed because of a drunk driver, depends on the monthly check from the Longmont Housing Authority to rent a house for herself and her three year old son. It also provided the funds that made her bathroom wheelchair accessible.

Weber uses medical marijuana in edible form. She says it helps with the pain from her injuries and muscle spasms. When she submitted paperwork that included her medical marijuana expenses during a yearly renewal, the housing authority stopped her benefits.

A spokesman for the agency said it has zero tolerance policy for drug use.

Again — Colorado. Legalized pot. What the hell?


"When I got the letter, I was sick to my stomach," Weber said. "I would have nowhere else to go." 

Weber has found an attorney to represent her, pro bono. If her benefits are not reinstated, the lawyer plans to file suit against the housing agency.

Angelinos to Vote on Virtually the Same Pro-Medical Pot Initiatives in March

Los Angeles will have not one, but two medical marijuana initiatives to vote on in March. But it's not what you're expecting, with anti-pot group facing off against a pro-pot group. Instead it's a sort-of ludicrous Sophie's choice that puts the initiatives of two medical marijuana groups up against each other.

The Medical Marijuana Regulation and Control Act would only allow those dispensaries that opened and registered with Los Angeles as of Sept. 14, 2007. It's estimated that only about 100 clubs currently meet that criteria, the sfgate.com reports.

The Medical Marijuana Collectives Initiative Ordinance would allow dispensaries if they register with the city and adhere to policies decided on by the city. The proposed law would also give priority to those dispensaries that "operated as of September 14, 2007; timely registered with the City; have not ceased operations for 90 days except to relocate or in response to federal action; provide no ingress/egress from adjacent residential zoned lots; pass annual LAPD background checks; and after 300 days maintain a certain distance from schools, parks, and other designated places."

Over 450 medical marijuana dispensaries currently operate within Los Angeles.

So what are the possible outcomes? Both initiatives are shot down, but considering the overwhelming support for medical pot by Angelinos, that's not likely. One of the initiatives pass, which is pretty likely. Or, both initiatives pass, causing even more confusion in the Los Angeles dispensary industry — while not as likely as just one of the measures massing, this is still a very strong possibility...and once again, confusion will rule.

Forget Amsterdam — Marijuana Tourism may Take Off in Seattle and Aspen

With the future of Amsterdam's legendary coffee shops up in the air, will marijuana tourism in Colorado and Washington take up the slack for Americans looking for a legal toke?

It's one of the possible unintended consequences of the states legalizing pot, the Sandusky Register reports. While tourist officials in Aspen downplay the possibility of the city becoming "Aspendam," as some are saying tongue in-cheek, ski resorts are quietly investigating the possibility to adding adults-only cannabis lodges.

Seattle's "Hempfest" draws 250,000 visitors to the event, and are left alone, for the most part, by local law enforcement and city officials.

Now that pot is legal in Washington, even larger numbers are expected. Vivian McPeak, the event's executive director, said, "People travel to Seattle from other states and countries to attend Seattle Hempfest every year to experience the limited freedom that happens at the event. It's reasonable to assume that people will travel to Washington assuming that the federal government doesn't interfere." 

Pitkin County Sheriff Joe DiSalvo, whose jurisdiction includes Aspen, takes a tolerant attitude toward the possibility of pot tourism.

"For me, it's going to be live and let live. If people want to come to Colorado because pot is legal — and that's the sole reason — it's up to them. I am not the lifestyle police," he said.

Marijuana Advocates Try to Read the Tea Leaves in Obama's Latest Medical Pot Statement

In a recent interview with ABC's Barbara Walters, President Obama had this to say about casual users who are now smoking legally under the protection of Colorado and Washington: "We've got bigger fish to fry."

He continued, "It would not make sense for us to see a top priority as going after recreational users in states that have determined that it’s legal."

What he actually meant, though, is making pro-legalization and pro-access advocates each give their own conflicting opinions on the subject, according to the Eureka, Calif.'s Times-Standard.

Mark Lovelace, a district supervisor in Humoldt County, expressed his reservations about the quote. "A statement to Barbara Walters is far from substantive policy," he said.

"I would welcome any movement from the feds that would allow state and local government to regulate marijuana,” he added. "Even better would be to see not just a hands-off approach, but...a cooperative approach."

But others took his statement at face value. Joe Elford, general counsel for Americans for Safe Access, said, "It's a tremendous step forward. It suggests the feds are taking seriously enough the idea that there should be a carve-out for states with marijuana laws."

However, with federal raids on dispensaries commonplace despite then-presidential candidate Obama's promises to be hands-off when it came to medical marijuana, others aren't so optimistic about the future.

Alison Sterling-Nichols, former Humboldt Growers Association and Emerald Growers Association executive director voiced her doubts about the President and government agencies having "bigger fish to fry."

"Honestly, he said that in '08 when he was running for president about medical marijuana," she said.

Reefer Madness Redux: I-502 Makes Educators Ask Hard Questions About Policies, Anti-Drug Curriculum

Now that pot is legal in Washington state and Colorado, how will anti-drug crusaders now address the subject now that it's as legal as alcohol and tobacco? More importantly, how will those in schools discuss this "gateway drug"?

According to an article by the West Seattle Herald, the change in law is making educators examine what they're teaching to kids in terms of drug prevention. With the voter OK for legalization, it's making them realize that they may need to reexamine what they're teaching.

"Especially with the marijuana laws that passed recently, I think that one of the things we are not doing well at our school, and I think at many of our schools, is we are not really educating our kids very well," Diane Garcia, a principal at Cascade, a middle school, said.

Surprisingly, one of the school's counselors, Julian McCullough, admitted that not all students fit the stoner/underachiever stereotype and that some are better at coping that others and identifying kids who use drugs may not be easy as others want believe. While some students may have performance that plummets if they start to use marijuana, others maintain their grades.

"I’m sure that we have kids who are using regularly who come to school and get really good grades, play sports, and just do really well," McCullough said.

Appellate Court Reverses Conviction of Dispensary Owner

A Washington appellate court overturned a lower court's conviction against Scott Shupe, the owner of Change, one of the first medical marijuana dispensaries open in Spokane.

Shupe was found guilty of manufacturing, possessing and selling marijuana. However, the appellate court supported his defense that he was a legitimate dispensary owner.

The state's prosecutors presented a case that was torn apart on Shupe's appeal. The prosecutors did not answer Shupe's defense that he was a dispensary owner working within the letter of the law. The defense successfully argued that the warrants issued did not have probable cause and that the information for the basis of the warrant was not creditable because the informant for the warrant did not see the marijuana in question or see any sales taking place.

In addition, according to KXLY, the police did not prove that Shupe sold marijuana or that it was being transported because they did not conduct an undercover operation against Change — despite having an opportunity to do so.

However, possibly the most important and telling detail in Shupe's defense, that wasn't mentioned by the court, was the overwhelming legalization of marijuana by Washington state's voters.

Through the Looking Glass: How Prohibitionists See Advances in Pot for Medical Access and Legalization

With the advances made in the last year with brining marijuana to the mainstream, it's easy to forget there's a vocal percentage who will never see any benefit to using pot for medicine or recreation.

Charles "Cully" Stimson takes exception to the burgeoning cannabis culture in the US, and penned an opinion column in Milwaukee-Wisconsin Sentinel Journal, "How pot advocates are manipulating the truth". He's a former prosecutor (of course) and defense attorney (though probably not for those damned grasshoppers!) and a senior legal fellow at The Heritage Foundation.

It should be noted that The Heritage Foundation is a Republican think tank that claims Rush Limbaugh as their own (marijuana isn't the same as prescription pain killers, I suppose) as well as Ed Meese, Ronald Reagan's attorney general who had his own prohibitionist war on porn.

The usual alarmist rhetoric is trotted out like a dead horse, waiting to be kicked.

Taxes? You're living in a fool's dream that it'll raise taxes because prices will plunge! Never mind about the usual conservative dogma about all taxes being bad.

It'll just make gang wars worse in states that don't legalize pot! Never mind that the real problem is that the federal government won't accept that its laws on pot need reforming.

Marijuana is bad for your health! Never mind…oh, just never mind.

Los Angeles Still Can't Make Up Its Mind About Disepnsaries

The Los Angeles City Planning Commission approved a plan to allow the city's dispensaries to remain open, the Los Angeles Daily News reports.

However, not all of the city's dispensaries would qualify. Those that have been in business since September 2007, that have registered with the city, are up to date on their taxes and agree to regulations regarding zoning and their hours would be able to continue to service their patients. Less than 182 dispensaries in Los Angeles meet those criteria.

The plan was passed by a 5-0 vote by the committee. Dispensaries have been operating in a legal gray zone since October, when the LA City Council scrapped plans to ban all dispensaries.

However, the new proposal does not give the storefronts immunity from state and federal law enforcement agencies. The dispensaries would only give immunity from local law enforcement.

The entire proposed law may be moot, however, as medical access supporters are circulating a petition for two initiatives that would OK much more lenient rules than those passed by the commission.

Bogus: Institutes of Higher Learning in Colorado, Washington a Buzzkill for Marijuana-Minded Students

College students may have been the biggest supporters of pot legalization in Colorado and Washington, but ironically they may benefit the least from the new laws. 

Many universities and colleges have anti-marijuana codes of conduct on their books (which seem as quaint as curfews and single-sex dorms) and because of the federal funding many of the institutions receive from the government, anti-drug enforcement is still alive and well.

The penalty for toking it up in campus — even in a state that's decriminalized weed? Expulsion.

"Everything we've seen is that nothing changes for us," Darin Watkins, a spokesman for Washington State University in Pullman, told the Associated Press.

Of course, as the decades of anti-drug policy has shown and as the surging popularity of legalization demonstrates, just because someone bans something, it doesn't mean people will stop doing it.

"People in dorms now who want to smoke, they do it," Anna Marum, a Washington State senior, says. "I do think more people will be smoking in the dorms when marijuana is legal for use."

Humbolt State University Launches Program to Study Pot, the Humboldt Institute for Interdisciplinary Marijuana Research

Humbolt State University opened the Humboldt Institute for Interdisciplinary Marijuana Research. While other universities have programs to study drugs and drug use, officials from Humbolt State's program are claiming that it's the first to dedicate itself to the study of marijuana, the Eureka Times-Standard reports.

Humbolt County's reputation as one of the best places to grow marijuana puts HSU in a unique position to study pot as it grows in acceptance. Lectures the institute sponsored include a talk on local marijuana enforcement, and how growing marijuana affects wildlife. A symposium in October brought Humboldt County Sheriff Mike Downey, District Attorney Paul Gallegos, two county supervisors and a Fish and Game biologist to discuss how marijuana production impacts the environment as well as policies regarding the drug.

Erick Eschker, co-chair for the institute and an economics professor at the university, said, "If anyone is going to have a marijuana institute, it really should be Humboldt State. It has the potential to be a world-class institute, and we're just getting going."

Late Actor Larry Hagman Wanted People to "Eat a Little of Larry" in Marijuana Cake

The general public may remember Larry Hagman as the backstabbing oil mogul JR Ewing or Air Force Major Anthony Nelson and Jeannie's "master" in "I Dream of Jeannie." But with his recent passing, a pro-marijuana side of the actor came to light.

Hagman, who embraced solar power and became an outspoken anti-tobacco campaigner after years of cigarette smoking in his later years, embraced pot as a medicine after being diagnosed for cancer. He told Germany's Bunte magazine, "The cancer and the chemotherapy really took it out of me. I lost 30 pounds, weighed only 171 pounds. Marijuana actually brought my appetite back."

The actor also told The New York Times he wanted his remains to be "spread over a field and have marijuana and wheat planted and harvest it in a couple of years and then have a big marijuana cake, enough for 200 to 300 people. People would eat a little of Larry."

DEA Shuts Down Operations on the Big Island of Hawaii

The DEA has — for the time being at least — closed shop on the Big Island of Hawaii.

The Hawaii Tribune-Herald reports that budget cuts to the U.S. Department of Justice closed the DEA's office and hangar at the Hilo International Airport.The airport facilities provided aviation support for the agency's operations on the island.

Though the office and hangar were vacated on Oct. 1, the Hawaii County Police Department was not aware the DEA left until it was contacted by the newspaper. Office space set aside for the DEA in the police department's Hilo and Kona offices are also unoccupied.

The DEA states that it will continue conduct its operations from Honolulu (on the island of Oahu).

Wolf Daniel Braun, former president of the now-defunct Peaceful Sky Alliance, said, "Joy, joy. The DEA has been no friend of mine, or of the medical marijuana community."

In Wake of Washington, Colorado Legalization, Congresspeople Pile on to Stop Government from Enforcing Federal Drug Laws

Failure, the saying goes, is an orphan and success has many fathers. With the success of marijuana legalization measures in Washington State and Colorado, lawmakers are piling on to make it known that they support marijuana (at least for medical use) and that the federal government should keep their hands off state laws.

The Huffington Post reports that 18 representatives signed a letter to Attorney General Eric Holder and Drug Enforcement Administrator Michele Leonhart asking that they stop prosecuting medical marijuana cases and halt any plans to enforce federal drug laws against Oregon and Washington. Congressmen Earl Blumenauer (D-Ore.), John Conyers, Jr. (D-Mich.) and Jerrold Nadler (D-N.Y.) were among the signees of the letter. The letter states:

While we recognize that other states have chosen a different path, and further understand that the federal government has an important role to play in protecting against interstate shipments of marijuana leaving Colorado and Washington, we ask that your departments take no action against anyone who acts in compliance with the laws of Colorado, Washington and any other states that choose to regulate marijuana for medicinal or personal use. The voters of these states chose, by a substantial margin, to forge a new and effective policy with respect to marijuana. The tide of public opinion is changing both at the ballot box and in state legislatures across the country. We believe that the collective judgment of voters and state lawmakers must be respected.

Medical Marijuana Vending Machine Company's Stock Surge After Profile

Medbox, a manufacturer of medical marijuana vending machines profiled in The Wall Street Journal's MarketWatch and the subject of this earlier post, saw its shares climb a whopping 3,000 percent from $4 a share to $215 after the news item spotlighted the company.

Executives in the company called for investors to chill out, settling the stock to about $100 a share.

But even that price is still too high, according to the company. “We believe an appropriate trading range is between $5 and $10 but, alas, the market will do what it will do,” Medbox founder Vincent Mehdizadeh told MarketWatch in a follow-up article.

Mehdizadeh doesn't know if several large buyers or a single hedge fund was the cause of the rapid increase in Medbox's share price. However, it does demonstrate that Wall Street's acceptance of marijuana, at least for medical use, as a bona fide industry may be at hand.

Feds Mum on Response on Voters' OK of I-502

Washington state's governor told the Seattle Post-Intelligencer that the federal government hasn't made any plans as to what their plans are regarding its legalization of marijuana for recreational use.

Gov. Chris Gregorie said, "I told them, 'Make no mistake, that absent an injunction of some sort, it's our intent to implement decriminalization.' I don't want to spend a lot of money implementing this if you are going to attempt to block it."

Despite her statement, the U.S. Justice Department has not indicated what their intentions are. However, they did indicate that they want to treat Washington and Colorado, the other state that approved pot for recreational use, the same way — despite that the two states' laws will not be identical.

Gregorie added, "It's not a simple analysis for them. There's a difference between our two initiatives, and they want to look at that. They clearly want to know how things are going to flow, how regulations develop, how enforcement would be taken, taxes would be gathered."

Wall Street Journal's MarketWatch Examines Investing in the Exploding Pot Industry for Fun, But Mostly Profit

Like writers, investors are often told to go with what they know. With one third of Americans now living in states that have OK'd medical marijuana, and Washington and Colorado voters approving of its recreational use, The Wall Street Journal's MarketWatch takes a look at possible investment opportunities in cannabis.

The post claims the medical marijuana industry is worth about $1.7 billion nationwide, and also uses the services and products of other industries, such as insurance companies, lawyers and agricultural equipment.

 Derek Peterson, CEO of GrowOp Technology, said, "Call it the 'green rush.' The industry is expanding, and there are all kinds of investment opportunities."

Possible over the counter stocks weed investors might be interested are Medbox, which dispenses medical pot through vending machines. A patient's identity is confirmed via a fingerprint reader. The company has 140 machines installed, with another 40 coming online the next quarter.

Other companies, like Steep Hill, are betting that the federal landscape for marijuana will change dramatically in the next 10 years. The company is a quality control lab for growers, and tests the pot for mold, bacteria or pesticides contamination. Steep Hill is betting on federal acceptance of medical pot and recreational use in the next decade.

Despite Legalization, Feds Promise Buzzkill in Washington, Colorado

Despite voters approving the use of marijuana for recreational use in Washington state and Colorado, the Department of Justice promises that it will continue to enforce existing drug laws — despite the will of the people in the states, reports CBS News.

Colorado Governor John Hickenlooper, told the Associated Press, "Federal law still says marijuana is an illegal drug, so don't break out the Cheetos or Goldfish too quickly."

Despite the tongue-in-cheek quote from Hickenlooper, who was against the pro-legalization initiative, the U.S. Attorneys were just-the-facts in their (predictable) statement.

"The department's enforcement of the Controlled Substances Act remains unchanged. In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. We are reviewing the ballot initiatives and have no additional comment at this time," Justice Department spokeswoman Nanda Chitre stated.

The U.S. Attorneys in Colorado and Washington issued identical quotes.

Polls Point to Washington State's I-502 Passage, Despite Medical Users' Reservations

On the eve of the vote for Washington state's Initiative 502 vote — which would legalize cannabis use by adults — NORML's blog reports that a recent pool pegs support at 56 percent.

Those that do not support the I-502 comes in at 37 percent, with another 7 percent undecided. All indicators, then, point to its passage.

However, the initiative is not without its problems and detractors. It's still controversial among proponents of medical use, citing I-502's provisions for driving under the influence and research that points to THC levels over that threshold being in the body up to a month after ingestion. Medical advocates are also concerned that marijuana used as medication will be taxed at the same 25 percent rate as those using it for recreation.

Others are still clinging to the drug war dogma that pot is a "gateway drug."

"I had a judge speak at one of my D.A.R.E. graduations and he talked about the hundreds of cases that go through his court and out of all those cases maybe two people didn't start by smoking marijuana," Clarkston Police D.A.R.E. Officer John Morbeck told KLEW.

However, the anti-drug forces' arguments are sounding more and more like alarmist 1920's-era anti-alcohol temperance rhetoric to an increasingly skeptical public.

FBI: Someone is Arrested for Pot every 42 Seconds

By the time you finish read this post, about four people would have been arrested for a marijuana-related crime. A study from the FBI found someone is arrested every 42 seconds for crimes related to cannabis.

Most of those arrests, or about 87 percent, are for possession Examiner.com reports. Law Enforcement Against Prohibition, a pro-legalization group made up of former law enforcement officers, are using the study as proof that the decades-long war against drugs is a quagmire. They claim there were about 1.5 million drug arrests in 2011, or one arrest every 21 seconds.

Neill Franklin, a former narcotics officer and the current head of LEAP said, "Even excluding the costs involved for later trying and then imprisoning these people, taxpayers are spending between one and a half to three billion dollars a year just on the police and court time involved in making these arrests.

"That’s a lot of money to spend for a practice that four decades of unsuccessful policies have proved does nothing to reduce the consumption of drugs. Three states have measures on the ballot that would take the first step in ending this failed war by legalizing, regulating and taxing marijuana. I hope they take this opportunity to guide the nation to a more sensible approach to drug use.”

The Marijuana Majority

Conor Friedersdorf, a writer for The Atlantic, penned an article about the growing acceptance of marijuana and the growing call for reforming drug laws that are falling on the deaf ears of politicians

Citing the legalization referendums in Washington state, Colorado and Oregon as well as two additional states voting on allowing medical cannabis, the article ("The End of Laughing at Marijuana Reformers") also notes that according to a Gallup poll a majority of Americans support legalization for the first time.

Most telling of all are supports who come from literally every political stripe and background. Comedian and Daily Show host Jon Stewart, actors Morgan Freeman and David Duchovny are on board for legalization, but so are ultraconservative pundits Glenn Beck and Bill O'Rielly, televangelist Pat Robertson and David Koch, the money man behind many Republican candidates.

Though the political process is accepted to be slow when it comes to change, there continues to be no movement in at least acknowledging marijuana reform — even with all the support it has from liberals and conservatives. The article poses a puzzling question in that while Bill Clinton admitted to smoking but not inhaling, and Barak Obama admits to smoking and inhaling, both have so far continued the "war on drugs."

I-502 Assumes Tokers will Consume '2 Grams Per Use' (Head Scratch), Has Ramifications for Revenue Projections

Washington state NPR affiliate KPLU took note of a sharp-eyed observation from a Reddit user that the consumption assumption in the Washington Voter's Guide for Initiative 502, which would legalize pot, pegs it at two grams per use.

To put that in perspective, the user commented that the amount I-502 is assuming per smoking session would amount to "Cheech and Chong sized monster joints."

However, casual users report smoking about a quarter to half a gram per session in a pipe with joints coming in at about .7 grams. Though some users claim to use as much as 1.5 grams per session, they added it was rare and they were not functional.

Individuals using two grams a day would probably be serious medical users with grave health conditions, the article noted.

The overestimation of use has a serious impact on the revenue projections of I-502. The assumption of two grams per use versus the reality of most users reporting a quarter to an eighth of that assumption means the actual taxes the initiative will bring in (if it's voted into law) will be much less than expected.

California Appeals Court OKs Medical Marijuana Defense for Dispensaries, Rules Members do Not Need to Grow Marijuana

Americans for Safe Access (through the SF Weekly) announced that the Fourth District Court of Appeal for California unanimously affirmed medical marijuana as a legal defense for dispensaries and reversed the conviction of San Diego dispensary operator Jovan Jackson.

Jackson's dispensary was raised twice; once in 2008 and another in 2009. He was acquitted the first time around, but Howard Shore, the San Diego Superior Court Judge for the second case, called medical marijuana "dope" and described the proposition that legalized medical pot "a scam." Jackson was found guilty and spent 180 days in jail.

The appellate ruling overturned the conviction. It also allows future medical marijuana operators to use medical marijuana as a valid legal defense. More importantly, the court decided that members of the dispensary or collective did not need to have an active role in the growing the plants.

"...the collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization," the court stated. "Thus, contrary to the trial court’s ruling, the large membership of Jackson’s collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense."

Feds Raid 9 Dispensaries in Los Angeles, Orange County, Arrest 12

The Associated Press reports that federal law enforcement officials raided nine medical marijuana dispensaries in Orange County and Los Angeles County on Oct. 25. They also took 12 employees of the dispensaries into custody.

The 12 individuals were part of an grand jury indictment for drug trafficking. The storefronts supposedly generated "tens of millions of dollars in income," according to the article, and were not reporting it to the IRS.

Despite a voter-approved mandate that allows medical marijuana in California, the U.S. Attorneys do not recognize its legitimacy. Though the Los Angeles City Council tried, and failed, to pass a ban on the dispensaries, the federal government has initiated a crackdown on the Southern California area — despite the support of the law.

Shortcomings of Washington's I-502 in the National Spotlight

NPR's All Things Considered profiled the three states considering marijuana legalization, and put the unique problems of Washington's Initiative 502 in the national spotlight.

While the criticisms of the I-502 are well known to marijuana advocates on both sides of the intuitive in the states, it's one of the few times that its strange politics have been brought to a national audience.

On one side, Alison Holcomb, a criminal defense attorney and pro-I-502 organizer, is quoted as saying, "We've reached a place in our society, nationwide, where now a majority support marijuana legalization."

However it's the dissenting voices, particularly in the medical marijuana community, that may be a surprise to those outside of the state and those who aren't acquainted with the initiative. Steve Sarich, a dispensary owner, brings up the biggest sticking point of those who are against I-502 — the low THC threshold that would make almost all medical marijuana users guilty of driving under the influence, even when they're not.

Sarich is sure the push for legalization is an attempt by law enforcement to intimidate medical marijuana users with the THC threshold.

 "All they have to do is sit a half a block down the street and wait for me to pull away from the curb, and I'm going to jail for [a DUI]," he said.

Romney Takes Stand on Medical and Legalized Marijuana — And, Surprise, He Doesn't Support Either

While no one expects Mitt Romney to endorse marijuana in any form — be it for medical use or outright legalization — it's rare that a candidate will ever take a stand as clearly as he did on marijuana.

When a reporter for a CBS affiliate in Colorado pressed Romey for an answer about medical marijuana (she also asked about gay marriage and college tuition for children of illegal immigrants) he made it known he wanted to change the subject, but not before belittling the question.

“Aren’t there issues of significance you’d like to talk about," Reason.com reported the Republican candidate as saying. "The economy, the growth of jobs, the need to put people back to work, the challenges of Iran? We’ve got enormous issues that we face. But go ahead, you want to talk about medical marijuana?"

The answer Romney ultimately gave with regards to medical marijuana was this: "I think medical marijuana should not be legal in this country. I believe it's a gateway drug to other drug violations. The use of illegal drugs in this country is leading to terrible consequences in places like Mexico, and actually in our own country. I oppose legalization of marijuana. I oppose legalizations of other kinds of drugs."

Romney's absolutist "Just Say No" stance is curious, however, because Colorado is a battleground state. Polls have found that Libertarian presidential candidate Gary Johnson could potentially spoil the state for Romney because of his pro-marijuana platform.

See the interview here.

Police Chief Returns Stolen Medical Marijuana to Grower

When Thomas Davis, a Maine medical marijuana grower, discovered that his plants were stolen he made frantic calls to state representatives, the governor, the district attorney and the police. It's not that Davis was looking for someone to investigate the crime — he was looking for someone who could return the plants.

Davis reported the plants as being stolen. Police then questioned Aaron Pert, who admitted stealing the pot and recovered the plants in and held onto it for two days. The police weren't sure if they had the jurisdiction to release the marijuana back to Davis because of concerns over federal law.

However, Ellsworth Police Chief John DeLeo made the call to return the plants. The Bangor Daily News reports DeLeo felt the marijuana was legally Davis' as far as he was concerned. However, keeping the pot outside of Davis' greenhouse rendered 85 percent of it unusable.

But he did see one positive outcome of the burglary — cooperation between medical growers and police.

David said: "It’s not the Wild West out here. I feel like most of what I’m salvaging is a chance to get this out to the public, to let people know they can’t target medical marijuana patients and growers. The police will protect us."

L.A. Councilman Who Made the Case for Medical Pot Not Seeing Reelection

Bill Rosendahl, the Los Angeles councilman whose passionate testimony in support of medical marijuana was instrumental in overturning the city's wholesale dispensary ban, will not be seeking reelection for his seat.

Rosendahl, whose West L.A. district includes Westchester to Pacific Palisades, made the announcement and that his reason was to concentrate on his cancer treatment. The support he gave to the cause of medical marijuana wasn't the first time Rosendahl was in the political spotlight for his progressive views. As the first openly gay man elected to the L.A. city council, he is a champion of gay rights issues.

Prior to his career in politics, Rosendahl was a talk show host and producer. He is determined to beat his disease, and told the L.A. Times that he would like to return to TV or radio if his health improves.