California House of Representative Hopeful Promises to Smoke it Up on the Steps of Congress if Elected

Politicians come and politicians go, but one thing's a constant: campaign promises.

While most promises fade into the background din of cutting the debt, better education and how much more one guy loves America more than the other guy, Andy Caffrey, a candidate for the House of Representatives in California’s 2nd Congressional District promises to light up a joint on the steps of Congress, if he's elected the Independent Voter Network reports.

Caffrey, a Democrat, intends his toking to be an act of civil disobedience. He expects to be arrested by Capitol Police and intends to use the attention to put the spotlight on the larger attention of federal marijuana policy.

While Caffrey would be a fringe candidate anywhere else — including much of California — his district encompasses a very liberal swath of real estate from the Golden Gate Bridge in San Francisco to Humboldt County to the Oregon boarder.

In his own words: "We have to redirect trillions of dollars away from war, away from the war on drugs, and we have to get it back from the rich to rebuild our infrastructure all over the country. We have to become locally sustainable. We have to look at food security, water security, and we have to have a safety net that’s going to take care of everybody."

Despite Sympathy for Medical Pot Users, Ninth Circuit Court of Appeals Upholds Anti-Dispensary Laws

The bans on medical marijuana in the California cities of Irvine and Lake Forest, both located in Orange County, have been upheld by The Ninth U.S. Circuit Court of Appeals, the San Francisco Chronicle reports.

Opponents of the law challenged it on the grounds of the Americans with Disabilities Act. The ADA classifies users of an illegal drug for an ailment as disabled and protected against discrimination. However, that protection only applies if the drug is taken under supervision by a licensed health care professional, or obtained by other uses authorized by law.

The court agreed that the law could be interpreted to cover medical marijuana users who use the drug with their doctor's approval — but it would undermine existing federal anti-drug laws.

The judges were sympathetic for the case of medical pot, but Judge Raymond Fisher in the majority opinion wrote, "for now, Congress has determined that, for purposes of federal law, marijuana is unacceptable for medical use."

In a dissenting opinion, Judge Marsha Berzon stated the ADA does show an intent to allow doctor-approved use of marijuana, but the anti-dispensary laws probably are not discriminatory.

Pro-Marijuana Candidate Wins Oregon's Democrat Attorney General Ticket, Pot Groups Take Credit

While getting tough on drugs is a tried and true strategy to winning an election, pro-marijuana groups are being credited for playing a decisive role in the primary victory of Democrat Ellen Rosenblum for Oregon's attorney general race.

Rosenblaum, a former judge, promised to prioritize enforcement of marijuana laws at the bottom of Oregon's law enforcement duties. Her opponent, former U.S. Attorney Dwight Holton, called the state's medical marijuana laws a "train wreck" and shut down growers and collectives.

Pro-marijuana organizations, such as the Drug Policy Alliance and Citizens for Sensible Law Enforcement, contributed to Rosenblaum's campaign war chest.

Holton was an early favorite for the nomination, but Rosenblaum pulled in 64 percent of the vote, compared to Holton's 36 percent. Rosenblaum downplayed the role of the pro-marijuana groups, though The Seattle Times reports they were ecstatic with the results.

Ethan Nadelmann, executive director Drug Policy Alliance and its campaign branch, Drug Policy Action, said, "What we're hoping, and what we assume, is that any U.S. attorney who's thinking of running for statewide office in a Democratic Primary anywhere in the country is going to think twice now before adopting a highly aggressive posture toward the medical marijuana law."

L.A. City Council Shoots Down Koretz Plan to Keep Dispensaries Open

The Los Angeles City Council sent a medical marijuana proposal that would have left about 100 dispensaries open back to two committees, and advanced a competing proposal that would ban dispensaries outright.

Councilman Paul Koretz proposed to place regulations as to where and when dispensaries could operate as well as require tight security for the shops. The plan was praised by The Greater Los Angeles Collective Alliance said Koretz's eleventh hour plan was a "miracle" and they were grateful for his actions.

However, the council advanced a plan by Councilman Jose Huizar that allowed cultivation and direct distribution by "caregivers" but that would ban dispensaries. The plan was agreed upon in a closed session several weeks ago.

Koretz described Huizar's proposal to Patch.com as a "vicious, heartless ban that would close all dispensaries and force the seriously ill and suffering patients to buy their medical marijuana on the black market if they're not able, which most would not be, to grow it in their homes." http://northhollywood.patch.com/articles/city-council-moves-forward-with-gentle-ban-on-medical-marijuana

L.A. City Council to Offer Limited Immunity to Select Collectives in 'Gentle Ban' as Alternative to Outright Ban

The Los Angeles City Council will take up a proposal to offer limited immunity to some medical marijuana collectives on Wednesday May 16.

The measure, introduced by council members Paul Koretz and seconded by Herb Wesson Jr., will have the city attorney draft a "gentle ban" on medical marijuana dispensaries, reports pro-pot advocate Brett Stone.

The proposal states: "The City has strived for more than seven years to strike a balance between carefully regulating medical marijuana facilities and assuring patient access to medication. The "gentle ban" would eliminate all medical marijuana dispensaries while still providing for distribution by licensed health care facilities and for home-based cultivation by patients and care-givers. This approach may result in a hardship for seriously ill patients who cannot cultivate at home and who lack access to a licensed health care provider or a care-giver who will cultivate for them."

The limited immunity of the Koretz proposal would apply to a group of collectives that met certain qualifications. However, failure to keep up with those conditions would forfeit the right for the collective to remain open.

It would also be applicable for a limited number of collectives and until certain court cases are decided and the ordinance is amended.

Sarah Armstrong, legal liaison for The Greater Los Angeles Collective Alliance. stated in an email to Stone that they were "over the moon" about the development.

"To have Koretz come in at the eleventh hour with a motion to put an ordinance back on the table is nothing short of a miracle and we are deeply grateful to him," she added. "Below is the motion. Note the language '...an ordinance implementing that approach be presented to the Council as an alternate to the ban approved by the City Planning Commission.' (emphasis added)"

Insurer Terminates Lawyer's Coverage Because of Medical Marijuana Ties

After several years of representing clients who are and were in the medical marijuana industry, Denver-based attorney Ann Toney was informed her insurer would no longer cover her for malpractice.

The Hanover Insurance Group, the company that covers Toney, told her the termination was because of her involvement with medical marijuana. The Medical Marijuana Business Daily speculates that this may have a similar, chilling effect on other professionals who provide services for medical marijuana clients, such as other lawyers, other insurers and accountants.

This action comes at a time when banks are skittish handling similar transactions and U.S. Attorneys are stepping up raids on dispensaries in states that have legalized pot for medical use.

The Medical Marijuana Business Daily quotes Brian Vicente, another Denver medical marijuana attorney as saying:

I’m concerned that this could spread, as insurance carriers can be very risk averse at times. However, there are many (lawyers) out there who represent the mob and child molesters, and the fact that (an insurance company) would say that’s OK and medical marijuana isn’t doesn’t make sense.

Insurance for Growers, Dispensaries Covers Fires, Theft and (Some) Law Enforcement Seizures

If you don't need more proof of the growing acceptance and tolerance of medical marijuana, consider that this formerly outlaw product is now being covered by the most pedestrian of industries — insurance.

Oregon's KOMO reports that insurance agents are now offering coverage to dispensaries and growers to cover the usual concerns of any business owner, such as fire, wind, rain and theft. But the policies also include coverage from law enforcement raids...though not all kinds of raids.

 Seizures by local and state law enforcement are covered under the policies, but raids by federal agencies are not. The reasoning is that marijuana is still illegal under federal law, and paying growers and dispensaries for losses incurred by the DEA would be aiding and abetting.

The policies run about $1,200 to $2,000 a year with a $5,000 deductible.

Medical Marijuana is Reimbursable, Louisiana Appeals Court Decides

Risk & Insurance may not be the periodical of choice for most, but an interesting case was posted among its otherwise staid coverage of deductibles, collision coverage and actuary tables.

An appeals court in Louisiana (Creole Steel, Inc. v. Stewart, No. WCA 11-1285 for you lawyer types) found that a "worker" was entitled to reimbursement medical marijuana costs he paid out of pocket.

A summary of the case details that the worker injured his spine while working. A doctor visit uncovered that he was using marijuana and the doctor warned he could no longer treat the worker if he continued its use.

Explaining that the cannabis enabled him to sleep and that it gave him some relief from his pain, the doctor prescribed it to him. However, his employer challenged its use as a "reasonable medical necessity of the prescription."

A workers' compensation judge found that the doctor could continue while pursuing other treatments.

After a trial, the workers' compensation judge concluded that the doctor could proceed with his recommendation that the worker use medical marijuana while investigating other treatment alternatives.

The Louisiana Court of Appeal ultimately sided with the worker, and ruled that the medical marijuana expenses were reimbursable.

Banks Shut Doors on Dispensaries

Like Michael Corleone, medical marijuana dispensaries are having problems going legit.

Never mind that 16 states and the District of Columbia have legalized medical use. Banks and other financial institutions are treating anything that has to do with the medical marijuana industry like six year olds and the cooties.

Threats by the U.S. Attorneys to treat the revenues of medical marijuana businesses as monies raised by criminal enterprises and that the IRS is not allowing regular business deductions for collectives have caused banks to reconsider their relationships with anything that has to do with medical marijuana.

The collectives want to have the bank accounts and paper trails of other businesses, but banks either refuse to allow them to open an account or freeze their assets after they've been doing business. This drives many collectives and dispensaries to a cash-only model.

"I have a business license and federal tax ID number, but not a bank account," Laura Healy, co-founder of Walla Walla, Wash. collective Green Hope told The Seattle Times. On one hand they treat her like a normal businesses, she added, then treat her like a criminal with the other.

Amsterdam's Famous Coffee Shops May be Closed for Tourists

The coffee shops in Amsterdam and in other cities of The Netherlands, known for sales of legal recreational marijuana, will be illegal for tourists if a recent court decision stands.

The country's coffee shops challenged a law that would only allow citizens and permanent residents access to recreational pot on the grounds that it would be illegal under Dutch anti-discrimination laws. The rational for the new drug law was an uptick in crimes linked to cannabis. There would be no exceptions to the new law.

The shops have vowed to take the case to higher court.

About 23 percent of Amsterdam's tourists make a stop at the city's coffee shops and the potential loss in revenue has its mayor, Eberhard van der Laan, scrambling to forge a compromise with the national government. However, with the collapse of the conservative-led government, new elections are scheduled for September, putting those plans in limbo.

"We have tourists that just want to have a smoke," said Michael Velig, owner of the 420 Café told The Washington Post. "If they're not going to get it, they will ask Dutch people who actually have a pass for the coffee shop to buy it. Or they fall in hands of the illegal street sellers."

After Years of Dodging Questions About Legalization, Medical Use, Obama Goes on Record — And it's Not Pretty

President Obama began his administration giving proponents of medicinal marijuana and legalization proponents hope that this commander-in-chief would be different.

Keep in mind that this president fessed up to smoking pot (and that he inhaled) and doing a little coke while he attended Punahou, a very exclusive private school in Honolulu. Presidential candidate Obama also promised that he wouldn't dedicate Justice Department resources to prosecute medical marijuana cases in states that OK'd it.

Of course, we all know how political promises turn out, don't we? States that legalized medical marijuana now have U.S. Attorneys shutting down dispensaries and collectives despite the will of its citizens. Though Obama's been one of the most accessible presidents via the Internet, he's never answered questions about legalization and medical use, never mind that those questions are always one of the most frequently asked — until now.

He recently told talk show host Jimmy Fallon, "We’re not going to have legalized weed anytime soon."

He said even more during a Rolling Stone interview, though it sounded like political newspeak:

"What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana — and the reason is, because it’s against federal law. I can’t nullify congressional law.

"I can’t ask the Justice Department to say, ‘Ignore completely a federal law that’s on the books. What I can say is, ‘Use your prosecutorial discretion and properly prioritize your resources to go after things that are really doing folks damage. As a consequence there haven’t been prosecutions of users of marijuana for medical purposes."

Well, gee — that's not disingenuous or confusing at all!

http://blog.seattlepi.com/seattlepolitics/2012/04/25/president-obama-no-legalized-weed/ 

http://blogs.alternet.org/speakeasy/2012/04/25/obama-not-going-“to-turn-the-other-way”-on-medical-marijuana-dispensaries/

California State Senator Moves to Protect Collectives, Dispensaries from Federal Prosecution

A California senator is proposing legislation to shield medical marijuana collectives and dispensaries from federal prosecution.

California law currently protects primary caregivers — those who grow, buy or distribute marijuana for medical use — from federal charges. However, Marin County Senator Mark Leno is proposing that protection extend to collectives, dispensaries, storefronts and delivery services, NPR affiliate KPCC reports.

Los Angeles State Senator Curren Price of Los Angeles and Senator Ron Calderon of Montebello both voted for Leno's measure.

 The bill comes at a time when U.S. Attorneys around the country are bringing charges against businesses involved in medical marijuana in states where it's legal. California Attorney General Kamala Harris has also asked the state legislature to clarify the state law regarding medical marijuana.

Study Supports Anti-I-502 Position of Washington State's Dispensaries

A recent study examining the THC level of marijuana users found traces of the chemical about a month after their last use.

A sample of 30 heavy pot users found detectable levels in their blood of THC 29 days after following their last use of the drug. While the levels were undetectable in most after 30 days, one user had THC in his system 33 days into the study.

The study calls into question the DUI standards proposed for Washington state's initiative to legalize marijuana, initiative 502 or I-502. Under the proposed DUI law, drivers with 5 nanograms of THC per milliliter of blood would be declared driving under the influence. Critics of the proposed law, particularly medical dispensaries, claimed that the 5 nanogram rule would effectively turn all of their patients into criminals, even if they haven't smoked in days.

 The study supports their position and is a rebuttal against a statement made by the National Organization for the Reform of Marijuana Laws' Executive Director Allen St. Pierre, who claimed that the medical marijuana industry was now driven by profits, not compassion.

Unlikely Enemies: Recreational Proponents, Dispensaries Square off Over Washington State's I-502

Small business magazine Inc. profiles the current movement in Washington state to legalize marijuana and how medical marijuana dispensaries are fighting the proposition.

Initiative 502, or I-502, is a ballot measure that will allow Washingtonians to own and smoke marijuana for recreational use. It will also legalize its sale and generate revenue for the state through sales taxes on cannabis.

 While the push for recreational legalization is a goal of many proponents of pot, an unlikely enemy of the initiative is surfacing — Washington's medical marijuana dispensaries. The dispensaries, organized as "No on I-502," oppose the THC threshold for driving under the influence, which would make their patients legally intoxicated while driving a day after smoking a single joint.

They also claim the initiative will be negligible in affecting the black market because of the taxes.

However, others have pointed out that the opposition by dispensaries may be more self-serving. A recreational ban would eliminate the need for niche medical retailers.

 The issue has prompted the National Organization for the Reform of Marijuana Laws to comment on the issue. Allen St. Pierre, executive director of the group, said, "The medical marijuana industry is driven by profit," he said. "It's not driven by compassion anymore. It is driven by the need to make money."

 Ouch.

University of Colorado Attempts to End 4/20 Tradition

University of Colorado at Boulder officials are looking to snuff out 4/20 festivities.

But it's not because of the annual celebration is an unofficial holiday for all things and anything that has to do with marijuana — it's because too many people show up to celebrate. Most of the attendees are not students, staff or faculty.

“It’s a traffic nightmare. It’s sometimes 10,000 people here in the heart of the campus,” Ryan Huff with the CU-Boulder Police Department told Boulder's CBS affiliate.

The university will spread fish fertilizer on the lawn the tokers congregate on, hoping the nauseating smell will keep the party goers away.  However similar tactics the school's tried in the past — fences and sprinklers, among others — have all failed to work.

But even if the fertilizer does keep people away, it just means 4/20 goes somewhere else.

“I feel like it’s just going to move off campus… there are lots of parks around,” student Melissa Collins said.

Oaksterdam Executive Chancellor Dale Skye Jones Steps Up to Head University

Though the federal government put Richard Lee out of the medical marijuana business, Oaksterdam University will continue to operate under the leadership of its executive chancellor, Dale Skye Jones.

Oaksterdam University, which was established in Oakland, Calif. to educate those interested in entering the medical marijuana industry, had its computers confiscated, financial records seized and bank accounts frozen. The university was founded by Lee, who also operated dispensaries and grew medical pot (which were also shut down by the government).

Jones comes from a corporate background and told OaklandNorth.com, "There is no way for me to not try to keep Oaksterdam University going. I consider it my duty and my moral obligation."

Lee, who was instrumental in the attempt to legalize marijuana in California with Proposition 19, will continue to advocate the expansion of medical marijuana in other states and the broader goal of legalized recreational use.

U.S. Stands Firm Against Legalization, Despite Calls from South and Central American Leaders

Central and South American governments are calling for the legalization of drugs to stem the tide of violence and open urban warfare in their streets, but the American government continues to ignore the issue at the Summit of the Americas in Columbia.

"You haven't had this pressure from the region before," Michael Shifter, president of the Inter-American Dialogue, a think tank in Washington, told the Los Angeles Times. "I think the [Obama] administration is willing to entertain the discussion, but hoping it doesn't turn into a critique of the U.S. and put the U.S. on the defensive."

 The presidents of Guatemala and Columbia are openly calling for the legalization of marijuana and cocaine and regulating the drugs like alcohol and tobacco. The Obama administration insists that legalization is not the answer.

"We should have this debate, and the reason is to dispel some of the myths that exist about legalization," Vice President Joe Biden told reporters in MIami. "There are those people who say, 'If you legalize, you are not going to expand the number of consumers significantly.' Not true."

Vallejo Discusses Dispensaries and Business Taxes

Bucking the trend of cities sticking their heads in the sand when it comes to collectives and dispensaries, the Vallejo City Council is ready to discuss the legality of taxing medical marijuana revenues.

 The Vallejo Times-Herald reports the discussions were spurred by the city's moratorium on issuing business certificates for new collectives.

Confusion over the collecting business taxes, as they are written in the Bay Area city's laws, and a crackdown on the dispensaries by the local police added the impetus to address revenues collected from the businesses.

 The city's attorney, Fred Soley, wrote that collection of medical marijuana business taxes would not be self-incriminating.

 While collectives that do not pay their business taxes will be shut down, paying the tax brings the dispensaries into the fold of legitimate enterprises. Let's also hope that Vallejo also restores licensing new medical marijuana establishments.

Oaksterdam University Raid Forces Richard Lee Out of Medical Marijuana Business — But He Remains Defiant

The federal government's war on medical marijuana and dispensaries claimed another victim. A paraplegic advocate of pot who grew cannabis, operated collectives and shared his knowledge with others — Oaksterdam University's Richard Lee.

In addition to Oaksterdam University, his collectives and growing operation, Lee was behind 2010's Proposition 19, an initiative that would have decriminalized pot.

When federal agents raided Lee's businesses and residences, plants, bank accounts, records and computers were seized, effectively halting the businesses' operations. Lee will not be able to cultivate new marijuana crops because the mother plants were taken. His collectives will be taken over by new owners. Oaksterdam University's doors will remain open, though classes will be scaled back.

 Lee noted to the Los Angeles Times that growing over 60,000 plants can bring the death penalty, though he was not growing anywhere near that amount.

 However, he remains defiant in the face of crackdown: "I believe that cannabis prohibition is unjust and counterproductive," he said. "What I've done is ethical, and I tried to use the resources that I had to do everything I could to change the laws."

BREAKING: Feds Raid Medical Marijuana Training Facility Oaksterdam University

Federal agents raided Oaksterdam University today, an institution that educated and trained individuals in the medical marijuana industry, the Los Angeles Times reports. The university is also on the forefront of legalization issues, with owner Richard Lee an outspoken advocate of making recreational pot available in California.

 In addition to Oaksterdam University, Lee also runs a dispensary and is a grower.

Despite the joint raid by the Drug Enforcement Agency and the Internal Revenue Service, the city of Oakland is committed to making pot available to patients. Its city council approved four new dispensaries three weeks ago.

 The IRS and DEA declined to comment as to why they were raiding Oaksterdam University, commenting it was part of an ongoing investigation.