The pressure that the feds are putting on dispensaries to close is nothing new. However, a crack may have appeared in the monolith that is federal law enforcement.
Most dispensaries are now becoming acquainted with Section 280E of the tax code. It's the piece of law that the IRS uses to deny collectives and any other business associated with medical marijuana the deductions afforded to any other businesses.
It was originally drawn up to prevent drug dealers from claiming those deductions (on the off chance they felt like paying income taxes), which the feds feel medical marijuana dispensaries are, regardless of the laws of their state.
However Forbes reports that the U.S. Tax Court has found that while any income derived from marijuana sales are covered by Section 280E, but expenses associated with caregiving are perfectly legal. In the case of Californians Helping to Alleviate Medical Problems Inc. v. Commissioner, only 10 percent of the Harborside Health Center (the dispensary that brought the suit) was dedicated to marijuana, making the other 90 percent of its rent deductible.
The article urges dispensary owners to keep records of everything.
"A large expense for a dispensary is normally inventory costs–buying product for resale. Despite the prohibition on deductions, it appears that the cost of goods sold–even marijuana–can be claimed. Again, good records are key."
Experienced legal counsel to cannabis businesses, entrepreneurs, and patients.
Seattle, Washington (206) 728-0200
Sunday, May 27, 2012
Thursday, May 24, 2012
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."
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."
Wednesday, May 23, 2012
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.
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.
Friday, May 18, 2012
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."
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."
Thursday, May 17, 2012
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
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
Monday, May 14, 2012
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)"
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)"
Friday, May 11, 2012
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:
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.
Tuesday, May 8, 2012
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.
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.
Monday, April 30, 2012
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.
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.
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."
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."
Thursday, April 26, 2012
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/
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/
Wednesday, April 25, 2012
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.
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.
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.
Tuesday, April 24, 2012
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.
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.
Friday, April 20, 2012
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.
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.
Thursday, April 19, 2012
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.
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.
Monday, April 16, 2012
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."
"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."
Wednesday, April 11, 2012
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.
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.
Friday, April 6, 2012
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."
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."
Monday, April 2, 2012
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.
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.
Friday, March 30, 2012
'Wal-Mart of Pot' Spreads like Weeds Across the Country to Service the Needs of the Exploding Marijuana Industry
When the California gold rush began in the 1800s, it's said the real money wasn't in panning for gold but selling the picks, axes and pans to the potential prospectors looking to get rich.
Fast forward to the 21st century. Marijuana is the new hot thing in the them thar hills. With the growing public acceptance of the medical and casual use of marijuana, contradictory laws and the federal government trying desperately to plug a gaping hole in drug policy, many feel the time is ripe to get in on the ground floor of the new "green rush."
Despite federal crackdowns and municipalities attempting to ban collectives from their city limits, WeGrow is positioning itself as the WalMart of pot, reports CBS. However, it does not sell the drug, edibles or seeds — what it does sell is everything else the budding (pun intended) entrepreneur looking to get started in the marijuana business.
WeGrow has stores in Sacramento and Phoenix, with additional franchises in New Jersey, Delaware and Pennsylvania. New locations in San Jose and Flagstaff, Arizona are planned, with expansion into Oregon, Washington state and Michigan.
Its first shop on the East Coast opened up in Washington D.C., in the shadow of many of the federal agencies attempting to put an end to marijuana consumption.
"The more that businesses start to push the envelope by showing that this is a legitimate industry, the further we're going to be able to go in changing people's minds," weGrow founder Dhar Mann told CBS.
Fast forward to the 21st century. Marijuana is the new hot thing in the them thar hills. With the growing public acceptance of the medical and casual use of marijuana, contradictory laws and the federal government trying desperately to plug a gaping hole in drug policy, many feel the time is ripe to get in on the ground floor of the new "green rush."
Despite federal crackdowns and municipalities attempting to ban collectives from their city limits, WeGrow is positioning itself as the WalMart of pot, reports CBS. However, it does not sell the drug, edibles or seeds — what it does sell is everything else the budding (pun intended) entrepreneur looking to get started in the marijuana business.
WeGrow has stores in Sacramento and Phoenix, with additional franchises in New Jersey, Delaware and Pennsylvania. New locations in San Jose and Flagstaff, Arizona are planned, with expansion into Oregon, Washington state and Michigan.
Its first shop on the East Coast opened up in Washington D.C., in the shadow of many of the federal agencies attempting to put an end to marijuana consumption.
"The more that businesses start to push the envelope by showing that this is a legitimate industry, the further we're going to be able to go in changing people's minds," weGrow founder Dhar Mann told CBS.
Wednesday, March 28, 2012
San Francisco Moves to Outlaw Medical Pot Dispensaries
Though San Francisco's known for being a tolerant sort of town, recent moves by its district attorney, George Gascón, points to a citywide crackdown on its dispensaries.
A woman making a delivery for a collective and the buyer were arrested and charged by the DA. Both were patients of the collective and the woman was working on its behalf at the time of the arrest.
“While California’s medical marijuana laws may be complex, the law is clear that all sales of medical marijuana are illegal,” The San Francisco Examiner quotes Gascón as writing. “The ... shell game that continues to be played with medical marijuana immunities does not change that conclusion.”
Gascón takes the position that all patients of a collective must have an active role in the cultivation of its marijuana. However, the DA's office later stated that its position was originally taken by Kamala Harris, who is now California's Attorney General.
A woman making a delivery for a collective and the buyer were arrested and charged by the DA. Both were patients of the collective and the woman was working on its behalf at the time of the arrest.
“While California’s medical marijuana laws may be complex, the law is clear that all sales of medical marijuana are illegal,” The San Francisco Examiner quotes Gascón as writing. “The ... shell game that continues to be played with medical marijuana immunities does not change that conclusion.”
Gascón takes the position that all patients of a collective must have an active role in the cultivation of its marijuana. However, the DA's office later stated that its position was originally taken by Kamala Harris, who is now California's Attorney General.
Friday, March 23, 2012
Washington State Expects Windfall in Taxes if Recreational Use is Legalized
One of the compelling arguments for legalization of marijuana is the new revenue of taxes for governments on the local, state and federal level. New projections done by the state of Washington seem to confirm that belief.
If recreational marijuana becomes the law in Washington, the state's government projects revenues two times proponents predicted, The Seattle Post reports. State estimates put the total at more than $500 million the first year, with its total take at three quarters of a billion by 2014.
Marijuana would also bring in $130 million more than alcohol taxes. The study does not take into account taxes on growers and savings on law enforcement and incarceration costs, though a more complete study is on the way.
State lawmakers also point out, however, that the projections are based on guesses and does not take into account the impact the federal government will have if it cracks down on pot if Washington does legalize recreational use.
If recreational marijuana becomes the law in Washington, the state's government projects revenues two times proponents predicted, The Seattle Post reports. State estimates put the total at more than $500 million the first year, with its total take at three quarters of a billion by 2014.
Marijuana would also bring in $130 million more than alcohol taxes. The study does not take into account taxes on growers and savings on law enforcement and incarceration costs, though a more complete study is on the way.
State lawmakers also point out, however, that the projections are based on guesses and does not take into account the impact the federal government will have if it cracks down on pot if Washington does legalize recreational use.
Tuesday, March 20, 2012
Bellingham Cops Raid Collectives, Laws Confuse Owners
Police in Bellingham, Wash. launched raids on three of the town's collectives, claiming the businesses had too much marijuana on hand and too many members.
Washington law allows collectives up to 10 members and to only have an inventory, at most, of 4.5 pounds of marijuana. However, there was confusion about the regulations pertaining to the amount of pot they could stock, with one owner claiming the law was 1.5 pounds per member.
The raids follow an attempt by Bellingham to revoke the business licenses of the medical marijuana co-ops in its city limits. Bellingham police told The Bellingham Herald that the raids have nothing to do with the license revocations. Collective owners said the city has not been clear about the law regarding medical marijuana, leaving them unclear as to their legal status.
Washington law allows collectives up to 10 members and to only have an inventory, at most, of 4.5 pounds of marijuana. However, there was confusion about the regulations pertaining to the amount of pot they could stock, with one owner claiming the law was 1.5 pounds per member.
The raids follow an attempt by Bellingham to revoke the business licenses of the medical marijuana co-ops in its city limits. Bellingham police told The Bellingham Herald that the raids have nothing to do with the license revocations. Collective owners said the city has not been clear about the law regarding medical marijuana, leaving them unclear as to their legal status.
Wednesday, March 14, 2012
Senate Minority Leader Says Pot Kills, OK in Pill Form
Senate Minority Leader Mitch McConnell chimed in as to his reason for not backing medical marijuana — because people die from marijuana. (Luckily, no asked about his thoughts as to masturbation, as it leads to hairy palms and blindness.)
According to The Huffington Post, McConnell was answering a letter from a constituent who questioned the senator about medical marijuana.
He not only voiced his concern about medical marijuana legislation introduced by Rep. Barney Frank because pot kills but that one of the ingredients of pot, tetrahydrocannabinol, is available in pill form for the treatment of some illnesses.
"Because of the harm that substances like marijuana and other narcotics pose to our society, I have concerns about this legislation. The detrimental effects of drugs have been well documented: short-term memory loss, loss of core motor functions, heightened risk of lung disease, and even death," he stated.
So not only does McConnell believe that marijuana could kill, no doubt "Reefer Madness"-style, but that you should also take a pill instead of growing your own. Interesting, to say the least.
According to The Huffington Post, McConnell was answering a letter from a constituent who questioned the senator about medical marijuana.
He not only voiced his concern about medical marijuana legislation introduced by Rep. Barney Frank because pot kills but that one of the ingredients of pot, tetrahydrocannabinol, is available in pill form for the treatment of some illnesses.
"Because of the harm that substances like marijuana and other narcotics pose to our society, I have concerns about this legislation. The detrimental effects of drugs have been well documented: short-term memory loss, loss of core motor functions, heightened risk of lung disease, and even death," he stated.
So not only does McConnell believe that marijuana could kill, no doubt "Reefer Madness"-style, but that you should also take a pill instead of growing your own. Interesting, to say the least.
Tuesday, March 13, 2012
A Tale of Two States: While Pro-Pot Initiative to Hit Washington's Ballot, California Legalization Efforts in Disarray
In contrast to Washington state's well-organized initiative to legalize pot, California's efforts are split between four potential proposals.
Pro-pot groups in the Golden State felt emboldened by the 42 percent of voters who supported legalization the last time it was on the ballot in 2010.
However, their efforts have split into four factions, whose stand on the issue range from codifying and setting up an enforcement agency for existing medical marijuana laws to outright legalization of cannabis for recreational use.
Less than 10 percent of the medical marijuana industry is contributing to the causes, the Los Angeles Times reports. Speculation for the reasons behind the lack of support include apathy, the fear of more competition with downward pressure on prices and ongoing federal raids against the businesses.
Monied backers who supported California's legalization efforts are also less likely to back the new efforts. Instead, they're more likely to put their cash behind the initiative in Washington because its already been OK'd to appear on the state's ballot.
Pro-pot groups in the Golden State felt emboldened by the 42 percent of voters who supported legalization the last time it was on the ballot in 2010.
However, their efforts have split into four factions, whose stand on the issue range from codifying and setting up an enforcement agency for existing medical marijuana laws to outright legalization of cannabis for recreational use.
Less than 10 percent of the medical marijuana industry is contributing to the causes, the Los Angeles Times reports. Speculation for the reasons behind the lack of support include apathy, the fear of more competition with downward pressure on prices and ongoing federal raids against the businesses.
Monied backers who supported California's legalization efforts are also less likely to back the new efforts. Instead, they're more likely to put their cash behind the initiative in Washington because its already been OK'd to appear on the state's ballot.
Friday, March 9, 2012
Legalize It, Says... Pat Robertson?
Televangelist and Christian Coalition founder Pat Robertson has a history of saying a lot of kooky things on TV. Hurricane Katrina was an act of God against America's sins and claimed that Haiti's earthquake was related to the country's supposed pact with the devil, just for starters.
However, Robertson raised even more eyebrows for saying something sensible for once — marijuana should be legalized and that federal and state anti-drug laws are draining billions of dollars from the nation's coffers.
"Folks, we've gotta do something about this. We've just got to change the laws. We cannot allow this to continue. It is sapping our vitality. Think of this great land of freedom," he said.
Predictably, anti-drug advocates were not swayed by Robertson's appeal.
"Clearly he is ill-informed about the drug war," Calvina Fay, executive director of the Drug Free America Foundation, told The Christian Science Monitor.
However, Robertson's comments have left many agreeing with the "700 Club" host for the first time.
However, Robertson raised even more eyebrows for saying something sensible for once — marijuana should be legalized and that federal and state anti-drug laws are draining billions of dollars from the nation's coffers.
"Folks, we've gotta do something about this. We've just got to change the laws. We cannot allow this to continue. It is sapping our vitality. Think of this great land of freedom," he said.
Predictably, anti-drug advocates were not swayed by Robertson's appeal.
"Clearly he is ill-informed about the drug war," Calvina Fay, executive director of the Drug Free America Foundation, told The Christian Science Monitor.
However, Robertson's comments have left many agreeing with the "700 Club" host for the first time.
Tuesday, March 6, 2012
DUI Detail in Proposed Washington State Legalization Initiative Sparks Debate Among Marijuana Supporters
Marijuana legalization proponents are at odds with each other over the issue of driving — driving under the influence, that is.
Washington state's current proposal to legalize marijuana would set the threshold for driving under the influence of pot at five nanograms of THC per millimeter of blood. However, many medical marijuana patients and stoners are finding their blood levels are normally at least twice the legal threshold.
Proponents of the initiative believe the historic nature of the Washington being the first state to legalize marijuana outweighs the details regarding the DUI issue.
"It's just not reality that officers will start pulling over people randomly, illegally arresting them, and taking them in to get blood draws," Alison Holcomb, campaign director for New Approach Washington, the political action committee behind the initiative, told the Seattle Weekly.
But marijuana users face the possibility of never getting their THC under the proposed law's threshold, even after staying away from weed for extended periods. Research shows that THC levels go up to over 50 nanograms with one hit of pot, with detectable levels of the chemical lingering in the blood long after that.
Washington state's current proposal to legalize marijuana would set the threshold for driving under the influence of pot at five nanograms of THC per millimeter of blood. However, many medical marijuana patients and stoners are finding their blood levels are normally at least twice the legal threshold.
Proponents of the initiative believe the historic nature of the Washington being the first state to legalize marijuana outweighs the details regarding the DUI issue.
"It's just not reality that officers will start pulling over people randomly, illegally arresting them, and taking them in to get blood draws," Alison Holcomb, campaign director for New Approach Washington, the political action committee behind the initiative, told the Seattle Weekly.
But marijuana users face the possibility of never getting their THC under the proposed law's threshold, even after staying away from weed for extended periods. Research shows that THC levels go up to over 50 nanograms with one hit of pot, with detectable levels of the chemical lingering in the blood long after that.
Friday, March 2, 2012
Pullman OKs Regulations for Medical Marijuana Cultivation — But Requires DEA OK for Growers
On first glance, Pullman, Wash.'s medical marijuana regulations seem reasonable. The location of where medical marijuana is being grown needs to be be registered with the city, in addition to anyone using the plants.
However, further down the ordinance it's revealed that the registration is contingent on a written letter from the DEA stating that the operation is in compliance with federal law.
The DEA, of course, has no plans to authorize medical marijuana growers in Pullman, or anywhere for that matter.
Why the impossible requirement? A classic case of bureaucratic CYA. Federal officials have threatened to prosecute anyone — including state officials — who sanction medical marijuana.
"Once the federal government and state governments resolve their conflict, now the city has a system in place for licensing and registration," City Attorney Laura McAloon told the Standard-Examiner. "And it still protects the city from any federal issues."
However, further down the ordinance it's revealed that the registration is contingent on a written letter from the DEA stating that the operation is in compliance with federal law.
The DEA, of course, has no plans to authorize medical marijuana growers in Pullman, or anywhere for that matter.
Why the impossible requirement? A classic case of bureaucratic CYA. Federal officials have threatened to prosecute anyone — including state officials — who sanction medical marijuana.
"Once the federal government and state governments resolve their conflict, now the city has a system in place for licensing and registration," City Attorney Laura McAloon told the Standard-Examiner. "And it still protects the city from any federal issues."
Thursday, March 1, 2012
Federal Judge to Medical Marijuana Collectives: Screw You and the Promise Obama Rode in On
A federal judge in Sacramento threw out a lawsuit contesting the recent medical marijuana crackdown by U.S. Attorneys the SFGate reports.
Advocates claim that President Obama's promise to leave dispensaries and growers alone in a Justice Department memo if they complied with the medical pot laws of their respective states was broken.
However, Judge Garland Burrell said the memo "does not contain a promise not to enforce." He also called the it a "statement of priorities," that federal laws regarding drug production and distribution were still valid and that appeals courts and the Supreme Court do not recognize a constitutional right to marijuana for the terminally ill.
Though other judges ruled in a similar manner, they have not dismissed the lawsuits in their courts. Another lawsuit filed by Americans for Safe Access argues that the federal government is violating the state of California's constitutional authority to mandate its own health policies.
Advocates claim that President Obama's promise to leave dispensaries and growers alone in a Justice Department memo if they complied with the medical pot laws of their respective states was broken.
However, Judge Garland Burrell said the memo "does not contain a promise not to enforce." He also called the it a "statement of priorities," that federal laws regarding drug production and distribution were still valid and that appeals courts and the Supreme Court do not recognize a constitutional right to marijuana for the terminally ill.
Though other judges ruled in a similar manner, they have not dismissed the lawsuits in their courts. Another lawsuit filed by Americans for Safe Access argues that the federal government is violating the state of California's constitutional authority to mandate its own health policies.
Tuesday, February 28, 2012
California Assemblyman Ammiano Proposes State Bill to Regulate Medical Pot
California Assemblyman Tom Ammiano (a Democrat representing San Francisco) introduced a law that would regulate medical marijuana dispensaries statewide.
The bill, A.B. 2312, would allow "collectives, cooperatives, and other business entities to cultivate, acquire, process, possess, transport, test, sell, and distribute marijuana for medical purposes." The bill would also punish doctors who write bad patient recommendations with a misdemeanor offense, set up a government body to oversee the enforcement of the law and limit one collective per city of 50,000, The Huffington Post reports.
Unfortunately, the bill stands little chance of passing. Gov. Jerry Brown has not signed any pro-pot legalization into law and it's generally accepted that he won't.
Ammiano is a long time advocate of medical marijuana and access for patients. He's called for U.S. Attorneys to end their campaign to close dispensaries and met with them to personally question the closures.
The bill, A.B. 2312, would allow "collectives, cooperatives, and other business entities to cultivate, acquire, process, possess, transport, test, sell, and distribute marijuana for medical purposes." The bill would also punish doctors who write bad patient recommendations with a misdemeanor offense, set up a government body to oversee the enforcement of the law and limit one collective per city of 50,000, The Huffington Post reports.
Unfortunately, the bill stands little chance of passing. Gov. Jerry Brown has not signed any pro-pot legalization into law and it's generally accepted that he won't.
Ammiano is a long time advocate of medical marijuana and access for patients. He's called for U.S. Attorneys to end their campaign to close dispensaries and met with them to personally question the closures.
Monday, February 27, 2012
Marijuana Shop Owner Outraged Over Possible Porn Neighbor
The owner of Studio City, Calif. medical marijuana dispensary Perennial Holistic Wellness Center, Inc., contacted Patch.com with a concern about his neighborhood.
Perennial Holistic Wellness Center, Inc. is about to have an adult book store as a new neighbor. The owner is concerned that the adult book store will bring an increase in crimes, sex crimes in particular.
He cited an earlier sexual assault in the area and an act of vandalism he claims to have seen as proof that a porn shop in the area is a bad idea.
You know, like how people who don't like pot say that pot shops lead to more crime and drug dealing.
"Tonight's incident and the first sexual assult [sic] in Studio City in many years, last year near the Shell on Ventura Place is more proof positive that an adult book store is not the right thing for this community," he wrote.
What's interesting is that the so-called "secondary effects" that anti-porn groups cite are in dispute. They're not unlike the arguments anti-legalization groups make about dispensaries, which were dispelled by a RAND Corp. study (much to the dismay of the City of L.A.).
Perennial Holistic Wellness Center, Inc. is about to have an adult book store as a new neighbor. The owner is concerned that the adult book store will bring an increase in crimes, sex crimes in particular.
He cited an earlier sexual assault in the area and an act of vandalism he claims to have seen as proof that a porn shop in the area is a bad idea.
You know, like how people who don't like pot say that pot shops lead to more crime and drug dealing.
"Tonight's incident and the first sexual assult [sic] in Studio City in many years, last year near the Shell on Ventura Place is more proof positive that an adult book store is not the right thing for this community," he wrote.
What's interesting is that the so-called "secondary effects" that anti-porn groups cite are in dispute. They're not unlike the arguments anti-legalization groups make about dispensaries, which were dispelled by a RAND Corp. study (much to the dismay of the City of L.A.).
Wednesday, February 22, 2012
Seattle's Mayor Calls for Marijuana Legalization in State of the City Address
Seattle Mayor Mike McGinn dares to utter the truth that marijuana advocates know and that anti-drug crusaders fear: illegal drugs fund criminals, reports NPR affiliate KPLU.
In his State of the City address, McGinn states:
McGinn also calls on Washington state to legalize marijuana to end the erosion of civil liberties. He also remarked that though Seattle has taken a progressive stance on marijuana, federal anti-drug laws in place continue to fuel violence.
Mayor McGinn's example shows that legalization will ultimately be a bottom-up process, rather than coming from Washington.
In his State of the City address, McGinn states:
“It is time we were honest about the problems we face with the drug trade. Drugs are a source of criminal profit, and that has led to shootings and even murders. Just like we learned in the 1920s with the prohibition of alcohol, prohibition of marijuana is fueling violent activity."
McGinn also calls on Washington state to legalize marijuana to end the erosion of civil liberties. He also remarked that though Seattle has taken a progressive stance on marijuana, federal anti-drug laws in place continue to fuel violence.
Mayor McGinn's example shows that legalization will ultimately be a bottom-up process, rather than coming from Washington.
Monday, February 20, 2012
Obama Reversed Course Because Medical Marijuana Policy Too Successful
Kevin Drum, political blogger for Mother Jones magazine, plays connect the dots with President Obama's about-turn on medical marijuana.
Citing coverage in The Rolling Stone, Drum points to holdovers from the Bush administration in the Drug Enforcement Administration but is quick to point out the U.S. Attorneys sending seizing property and money in California and Washington don't answer to or take orders from the DEA.
Drum adds that while the current administration maintains its position is "clear and consistent," its actions threatens to alienate the youth vote that voted the president into office.
In an update, Drum floats a theory by The New Republic's Tim Fernholz that Obama reversed his stance on medical marijuana when state governments requested information on licensing growers and distributers.
Citing coverage in The Rolling Stone, Drum points to holdovers from the Bush administration in the Drug Enforcement Administration but is quick to point out the U.S. Attorneys sending seizing property and money in California and Washington don't answer to or take orders from the DEA.
Drum adds that while the current administration maintains its position is "clear and consistent," its actions threatens to alienate the youth vote that voted the president into office.
In an update, Drum floats a theory by The New Republic's Tim Fernholz that Obama reversed his stance on medical marijuana when state governments requested information on licensing growers and distributers.
Friday, February 17, 2012
Washington State's Legislature Refuses to Clarify Legal Status of Dispensaries
Though storefront medical marijuana operations can be found in Seattle and Tacoma, their existence is cloaked in a legal gray zone.
An attempt to legalize medical dispensaries, such as those found in California, is dead in the state legislature despite the best efforts of outspoken access advocate Sen. Jeanne Kohl-Welles, a Democrat from Seattle. "The bottom line is, it was very difficult to reach a full consensus. There wasn’t as much momentum and interest as there was last year," Kohl-Welles told The Seattle Times.
The bill would have established the legality of 105 dispensaries in Seattle, as well as establish a patient registry.
The hopes of medical access advocates now rests on the state of Washington's initiative to legalize the recreational use of pot.
An attempt to legalize medical dispensaries, such as those found in California, is dead in the state legislature despite the best efforts of outspoken access advocate Sen. Jeanne Kohl-Welles, a Democrat from Seattle. "The bottom line is, it was very difficult to reach a full consensus. There wasn’t as much momentum and interest as there was last year," Kohl-Welles told The Seattle Times.
The bill would have established the legality of 105 dispensaries in Seattle, as well as establish a patient registry.
The hopes of medical access advocates now rests on the state of Washington's initiative to legalize the recreational use of pot.
Thursday, February 16, 2012
The Greater Los Angeles Collective Alliance Seeks Tighter Regulation of Medical Pot Industry
Though the Greater Los Angeles Collective Alliance only lists 13 collectives as members of its organization, it's become one of the leading voices for pot shops in the city.
When the city council meets about anything related to their interests, the GLACA is there. Recently, with U.S. Attorneys threatening action against local landowners and local governments that support medical marijuana, the city council's stance on the issue is to shut all the establishments down. In response, the GLACA has proposed tight regulations on the medical marijuana dispensary community with a government enforcement arm to back it up, the L.A. Weekly reports.
While the GLACA's stance on the issue seems contradictory to their mission, when examined closer it reveals perhaps the only way to save safe and legal access in L.A. The organization is currently seeking signatures to place its proposal on the ballot.
When the city council meets about anything related to their interests, the GLACA is there. Recently, with U.S. Attorneys threatening action against local landowners and local governments that support medical marijuana, the city council's stance on the issue is to shut all the establishments down. In response, the GLACA has proposed tight regulations on the medical marijuana dispensary community with a government enforcement arm to back it up, the L.A. Weekly reports.
While the GLACA's stance on the issue seems contradictory to their mission, when examined closer it reveals perhaps the only way to save safe and legal access in L.A. The organization is currently seeking signatures to place its proposal on the ballot.
Tuesday, February 14, 2012
Profitable Collectives do Not Violate the Law, California Medical Marijuana Author Says
U.S. Attorneys shutting down medical marijuana collectives in California more often that not use the talking point of "profitability" as if it was a four letter word.
However according to the author of the state's medical marijuana law, former state Senator John Vasconcellos, a profitable collective doesn't mean it's breaking the law. In fact, according to the law he authored, there's no requirement that the dispensary be non-profit, reports the L.A. Weekly.
In a letter to clarify the issue, he wrote:
However according to the author of the state's medical marijuana law, former state Senator John Vasconcellos, a profitable collective doesn't mean it's breaking the law. In fact, according to the law he authored, there's no requirement that the dispensary be non-profit, reports the L.A. Weekly.
In a letter to clarify the issue, he wrote:
Nothing in that section prohibits profit. Nothing in that section explicitly authorizes profit, either. But I must point out that nobody is required to obtain an "authorization" from the Legislature to make a profit in California.
... the language does not in any respect purport to prohibit profit ~ if that had been the intent, the language would have so stated clearly. It obviously does no such thing.
Washington Punts Legalized Marijuana Question to Voters
The Washington legislature refused to act on a voter-backed initiative to legalize the recreational use of marijuana in the state, leaving the decision up to the voters in November.
If passed, the law would be the first in the nation to OK the recreational use of the drug. Similar voter initiatives in other states, such as California and Oregon, are taking place but none have been able to secure the number of signatures to bring the issue to the ballot.
Support for relaxing the use of marijuana comes from unlikely corners, including former law enforcement officials. The Seattle Times reports Charles Mandigo, the former head of Seattle's FBI field office, testified, "It is the money, not the drugs, that drive these criminal organizations and street gangs. Take away the money and you take away the criminal element."
If passed, the law would allow Washington residents 21 and over the right to purchase dried marijuana, marijuana in edibles and marijuana-infused drinks. The state would impose a 25 percent tax on processors, growers and stores.
If passed, the law would be the first in the nation to OK the recreational use of the drug. Similar voter initiatives in other states, such as California and Oregon, are taking place but none have been able to secure the number of signatures to bring the issue to the ballot.
Support for relaxing the use of marijuana comes from unlikely corners, including former law enforcement officials. The Seattle Times reports Charles Mandigo, the former head of Seattle's FBI field office, testified, "It is the money, not the drugs, that drive these criminal organizations and street gangs. Take away the money and you take away the criminal element."
If passed, the law would allow Washington residents 21 and over the right to purchase dried marijuana, marijuana in edibles and marijuana-infused drinks. The state would impose a 25 percent tax on processors, growers and stores.
Thursday, February 9, 2012
After a Long String of Legal Persecution, Guy Casey Calls it Quits for Dispensaries
The Seattle Weekly profiles a medical marijuana dispensary co-owner walking away from his business because of constant harassment by law enforcement.
The woes of Guy Casey, former co-owner of Tacoma's North End Club 420, began with a raid by WestNet, a federally funded anti-drug task force.
WestNet's tactics have been criticized as heavy handed — in Casey's case, the cops handcuffed his 14 year old son and confiscated the cash from his 9 year old daughter's Mickey Mouse purse, then seized 10 pounds of marijuana for his dispensary. Distribution charges were ultimately dropped, but the pot was not returned to the dispensary.
North End Club 420 was later raided by federal agents. Ultimately, Casey said, "I don't need any felonies." However, Casey plans on opening a collective garden, a legal co-op that allows 10 members to grow their marijuana together.
The woes of Guy Casey, former co-owner of Tacoma's North End Club 420, began with a raid by WestNet, a federally funded anti-drug task force.
WestNet's tactics have been criticized as heavy handed — in Casey's case, the cops handcuffed his 14 year old son and confiscated the cash from his 9 year old daughter's Mickey Mouse purse, then seized 10 pounds of marijuana for his dispensary. Distribution charges were ultimately dropped, but the pot was not returned to the dispensary.
North End Club 420 was later raided by federal agents. Ultimately, Casey said, "I don't need any felonies." However, Casey plans on opening a collective garden, a legal co-op that allows 10 members to grow their marijuana together.
Tuesday, February 7, 2012
Medical Marijuana Owners Gaze into a Pro-Pot Future
Medical marijuana dispensary owners opined about life after legalization in a recent article in the West Seattle Herald.
Despite the move toward wholesale legalization with Initiative 502, John Davis, owner of the Northwest Patient Resource Center, speculated that marijuana shops and medical marijuana dispensaries will remain separate businesses because medical use and recreational use are not compatible.
The owner of Herban Legends, Chris Cody, also hoped the two businesses would be regulated separately, because he feels patients should not have to pay the proposed 25 percent tax that will be levied on non-medical pot.
There's also confusion as to how marijuana would work as a Schedule 2 drug (which the DEA deems as having medical applications) instead of a Schedule 1 (which the DEA feels has no medicinal value). Both agree distributing through pharmacies will be the sticky point, with Davis pointing out that existing pharmacies do not have knowledge of different strains and that dispensaries may have to become licensed pharmacies. Cody added that there is no infrastructure in place for national pharmacy chains to properly dispense medical pot.
Despite the move toward wholesale legalization with Initiative 502, John Davis, owner of the Northwest Patient Resource Center, speculated that marijuana shops and medical marijuana dispensaries will remain separate businesses because medical use and recreational use are not compatible.
The owner of Herban Legends, Chris Cody, also hoped the two businesses would be regulated separately, because he feels patients should not have to pay the proposed 25 percent tax that will be levied on non-medical pot.
There's also confusion as to how marijuana would work as a Schedule 2 drug (which the DEA deems as having medical applications) instead of a Schedule 1 (which the DEA feels has no medicinal value). Both agree distributing through pharmacies will be the sticky point, with Davis pointing out that existing pharmacies do not have knowledge of different strains and that dispensaries may have to become licensed pharmacies. Cody added that there is no infrastructure in place for national pharmacy chains to properly dispense medical pot.
Friday, February 3, 2012
Marijuana Proponents Bet on Changing Demographics for Legalization
The Chicago Tribune examines the efforts behind Washington's movement to legalize marijuana (as well as Colorado's) and the chance it has to become law.
An October Gallup Poll places the number of Americans who support legalization at 50 percent, a record high, and among adults 18 to 29 support rises to 62 percent. Those speaking for legalization include Seattle's City Attorney, Peter Holmes.
Holmes said, "Right now in Seattle, we're feeling that it's a bit unfair that we are being tolerant of medical marijuana users, when other localities are not, because we tend to become suppliers for the whole state rather than our own citizens."
If Washington legalizes pot, sales would be restricted to those aged 21 or older. Stores that sell the drug would be controlled by the state's Liquor Control Board and laws regarding intoxicated driving would include provisions for maximum blood levels of THC.
An October Gallup Poll places the number of Americans who support legalization at 50 percent, a record high, and among adults 18 to 29 support rises to 62 percent. Those speaking for legalization include Seattle's City Attorney, Peter Holmes.
Holmes said, "Right now in Seattle, we're feeling that it's a bit unfair that we are being tolerant of medical marijuana users, when other localities are not, because we tend to become suppliers for the whole state rather than our own citizens."
If Washington legalizes pot, sales would be restricted to those aged 21 or older. Stores that sell the drug would be controlled by the state's Liquor Control Board and laws regarding intoxicated driving would include provisions for maximum blood levels of THC.
Tuesday, October 18, 2011
The following criminal cases of note were decided this week:
Washington State Law
Washington State Supreme Court
State v. Perez-Valdez: The Court affirmed Mr. Perez-Valdez’s conviction for one count of second degree rape of a child and one count of third degree rape of a child, finding proper two evidentiary decisions made by the trial court. The Court determined that the defense called witnesses who testified to Mr. Perez-Valdez's reputation for good moral character and, though the State failed to object at the time, it later argued that a general reputation for good character is not pertinent under ER 404(a)(1) to a specific element of the charged crime, rape of a child. The Court thus found proper the trial court’s action in preventing the defense from presenting argument about evidence that, upon later objection, the court deemed to be inadmissible. The Court also found proper the trial court’s denial of Mr. Perez-Valdez’s motions for a mistrial based on a statement made by a state witness relating to the credibility of the victims. http://www.courts.wa.gov/opinions/pdf/840032.opn.pdf
In a dissent, Justice Wiggins argued that the evidence sought to be entered by the defense, testimony about an arson committed by the accusers in this case, was sought to be used as evidence of motive to fabricate allegations against Mr. Perez-Valdez. The dissent argued that Mr. Perez-Valdez was erroneously prohibited from introducing admissible evidence to challenge the alleged victims' credibility. The dissent argued that the evidence was relevant to show that the alleged victims had a motive to lie, and the defense should have been allowed to present this evidence due to the presumption of innocence and requirement of proof beyond a reasonable doubt. The dissent posited that this evidence was particularly necessary when the conviction rested upon uncorroborated testimony of two teenagers, as in this case. http://www.courts.wa.gov/opinions/pdf/840032.no1.pdf
State v. Franklin: The Court found that the 2009 legislation requiring sentencing courts to reduce the term of community custody when the total terms of confinement and community custody exceed the statutory maximum do apply retroactively to cases such as Mr. Franklin’s. However, the Court also concluded that the legislature in writing the law charged the Department of Corrections, not the sentencing court, with adjusting the length of community custody for those serving terms of confinement or community custody by modifying the end date for community custody. Thus, the Court concluded that Mr. Franklin was not entitled to resentencing by the trial court and affirmed the Court of Appeals. http://www.courts.wa.gov/opinions/pdf/845450.opn.pdf
Division Two Court of Appeals
State v. Ramirez-Estevez: In this partially published opinion, the Court affirmed Mr. Ramirez-Estevez’s conviction on five counts of first degree child rape. The Court agreed that the trial court erred by admitting as an excited utterance the hearsay testimonies of a school counselor and of the victim’s aunt that the victim told them that Mr. Ramirez-Estevez raped her was error. The court reasoned that though recalling the rapes was highly stressful and upsetting for the victim, and that the victim's understandably excited emotions appeared to have been the result of reliving and relating these past traumatic events to these apparently trusted adults, however the Court observed that the recollection happened nearly two years after the rapes occurred and, because of this prolonged delay, the victim’s statements did not constitute the type of excited utterance made under the stress of the event that are admissible under ER 803(a)(2). However, the Court found the error harmless and affirmed the conviction. http://www.courts.wa.gov/opinions/pdf/40226-2.11.doc.pdf
Federal Law
Ninth Circuit Court of Appeals
James v. Schriro: The Court granted Mr. James’ writ of habeas corpus with respect to his death sentence. The Court found that Mr. James was denied effective assistance of counsel in the penalty phase, concluding that counsel’s complete failure to investigate and present mitigating evidence of Mr. James’s troubled childhood, his mental illness, and his history of chronic drug abuse constituted deficient performance. We further conclude that this failure prejudiced Mr. James because it prevented the sentencing judge from learning that Mr. James had “the kind of troubled history we have declared relevant to assessing a defendant’s moral culpability.” However, the Court affirmed the trial court’s denial of relief with respect to Mr. James’ claimed Brady claim wherein he argued that the state failed to disclose an oral plea agreement with a co-defendant under which the co-defendant agreed to testify against Mr. James. The Court also denied relief with respect to Mr. James’ claims that the state failed to correct false testimony of his co-defendant that denied the existence of this agreement. The Court instructed the district court to grant the state a reasonable amount of time in which to resentence Mr. James and, if the state chooses not to resentence, ordered that Mr. James’ sentence to automatically be converted to life in prison in accordance with Arizona law. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/12/08-99016.pdf
United States v. McEnry: The Court vacated Mr. McEnry’s sentence on his guilty plea to serving as an airman without an airman’s certificate. The Court reasoned that the trial court selected the incorrect guideline under which to sentence Mr. McEnry, and that the trial court further relied upon uncharged relevant conduct in selecting the applicably guideline. Thus, the Court found, the trial court had incorrectly calculated Mr. McEnry’s Guidelines range. The Court remanded for resentencing under the correct guideline range. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/13/10-10433.pdf
United States v. Reyes: The Court affirmed Mr. Reyes’ conviction in a second criminal trial for (1) securities fraud and making false filings with the Securities and Exchange Commission (SEC) (2) falsifying corporate books and records; and (3) making false statements to auditors. The Court was unpersuaded by Mr. Reyes’ arguments that his conviction should be vacated due to prosecutorial misconduct, insufficient evidence, and various evidentiary and instructional errors at trial. The Court found that Mr. Reyes did not establish prosecutorial misconduct through the government’s use of evidence showing that Mr. Reyes personally profited from the backdating of stock options while he served as CEO of Brocade, as the evidence that was not false, and the Government did not impermissibly ask the jury to draw false inferences from the evidence presented at trial. The Court further found that evidence of the profits made from the scheme was not irrelevant and did not unfairly prejudice the jury. The Court found that the government introduced the evidence to permit the jury to draw a reasonable inference that Mr. Reyes knew what he was doing and how the scheme operated to his benefit. Further, the Court found no misconduct in the government’s questioning of two witnesses to elicit testimony regarding the company’s options-pricing process and governance and compensation practices. The Court found that the testimony was not false or that the government sought to draw improper inferences based on its admission. The Court also concluded that the trial court did not abuse its discretion in admitting Prior Case Evidence to show that Mr. Reyes understood that he was engaged in illegal conduct and that the statements were relevant because they were inconsistent with Mr. Reyes’s position at his second trial and to his guilty state of mind. The Court likewise found no plain error in the introduction of evidence that Mr. Reyes, in his role as CEO, signed the financial statements and representation letters which formed the basis of the Government’s charges that Mr. Reyes falsified Company books and records, and lied to Company auditors. The Court found no error in the rejection of proposed jury instructions as well, including an instruction that a corporate officer is not criminally responsible for the acts of subordinates. The Court found that the district court had discretion to refuse to give a separate instruction regarding the defense’s theory where “other instructions, in their entirety, adequately cover that defense theory.” Finally, the court found that there was sufficient evidence to support the conviction, and that the prosecution did not improperly suggest to the jury that it could find materiality based on proxy-voting decisions, and disagreed that the district court erred because it did not give an instruction that would prevent the jury from being mislead. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/13/10-10323.pdf
United States v. Urena: The court upheld Mr. Urena’s conviction for assault with a dangerous weapon and possession of contraband in prison. The Court held that the district court did not abuse its discretion by refusing to instruct the jury on his theory that he acted in self-defense, finding that Mr. Urena did not use commiserate force when he stabbed a man in retaliation for calling him a “bitch” in prison, and that even if the other man was armed, it was clear that Mr. Urena was the attacker and could not avail himself of the self-defense instruction. The Court also held that the district court did not violate his Confrontation Clause rights by refusing to allow him to cross examine the treating physician about the cause of the victim’s injuries, holding that the district court’s limitations on cross-examination did not limit relevant testimony, prejudice Mr. Urena, or deny the jury sufficient information to appraise the biases and motivations of the witness. The Court concluded that Mr. Urena was able to cross-examine the doctor regarding the issues on which he testified, and did not have a right to examine him regarding additional issues. Next, the Court held that the district court did not err in refusing to let him designate the treating physician as his expert witness on causation during the trial, finding that Mr. Urena could have hired his own expert or designated an expert prior to trial, but did not do so. Finally, the court found that the sentence was not unreasonable, as the district court sentenced him under the guidelines that were in effect at the time that he was sentenced. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/13/09-50285.pdf
United States v. Carper: The Court affirmed Mr. Carper’s sentence of three years’ imprisonment for unlawfully exporting PVS-14 Gen 3 night-vision devices (“PVS-14 devices”). The Court ruled that the district court correctly interpreted the Guidelines in calculating Mr. Carper’s three year sentence. The Court reasoned that the district court followed the sentencing guidelines, and did not abuse its discretion in declining to make a downward variance to the guidelines. The court noted that the district court explained that it had considered all of the factors in the guidelines and did grant a downward departure to Mr. Carper’s sentence. The Court deferred to the district court decision. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/14/10-10517.pdf
Washington State Supreme Court
State v. Perez-Valdez: The Court affirmed Mr. Perez-Valdez’s conviction for one count of second degree rape of a child and one count of third degree rape of a child, finding proper two evidentiary decisions made by the trial court. The Court determined that the defense called witnesses who testified to Mr. Perez-Valdez's reputation for good moral character and, though the State failed to object at the time, it later argued that a general reputation for good character is not pertinent under ER 404(a)(1) to a specific element of the charged crime, rape of a child. The Court thus found proper the trial court’s action in preventing the defense from presenting argument about evidence that, upon later objection, the court deemed to be inadmissible. The Court also found proper the trial court’s denial of Mr. Perez-Valdez’s motions for a mistrial based on a statement made by a state witness relating to the credibility of the victims. http://www.courts.wa.gov/opinions/pdf/840032.opn.pdf
In a dissent, Justice Wiggins argued that the evidence sought to be entered by the defense, testimony about an arson committed by the accusers in this case, was sought to be used as evidence of motive to fabricate allegations against Mr. Perez-Valdez. The dissent argued that Mr. Perez-Valdez was erroneously prohibited from introducing admissible evidence to challenge the alleged victims' credibility. The dissent argued that the evidence was relevant to show that the alleged victims had a motive to lie, and the defense should have been allowed to present this evidence due to the presumption of innocence and requirement of proof beyond a reasonable doubt. The dissent posited that this evidence was particularly necessary when the conviction rested upon uncorroborated testimony of two teenagers, as in this case. http://www.courts.wa.gov/opinions/pdf/840032.no1.pdf
State v. Franklin: The Court found that the 2009 legislation requiring sentencing courts to reduce the term of community custody when the total terms of confinement and community custody exceed the statutory maximum do apply retroactively to cases such as Mr. Franklin’s. However, the Court also concluded that the legislature in writing the law charged the Department of Corrections, not the sentencing court, with adjusting the length of community custody for those serving terms of confinement or community custody by modifying the end date for community custody. Thus, the Court concluded that Mr. Franklin was not entitled to resentencing by the trial court and affirmed the Court of Appeals. http://www.courts.wa.gov/opinions/pdf/845450.opn.pdf
Division Two Court of Appeals
State v. Ramirez-Estevez: In this partially published opinion, the Court affirmed Mr. Ramirez-Estevez’s conviction on five counts of first degree child rape. The Court agreed that the trial court erred by admitting as an excited utterance the hearsay testimonies of a school counselor and of the victim’s aunt that the victim told them that Mr. Ramirez-Estevez raped her was error. The court reasoned that though recalling the rapes was highly stressful and upsetting for the victim, and that the victim's understandably excited emotions appeared to have been the result of reliving and relating these past traumatic events to these apparently trusted adults, however the Court observed that the recollection happened nearly two years after the rapes occurred and, because of this prolonged delay, the victim’s statements did not constitute the type of excited utterance made under the stress of the event that are admissible under ER 803(a)(2). However, the Court found the error harmless and affirmed the conviction. http://www.courts.wa.gov/opinions/pdf/40226-2.11.doc.pdf
Federal Law
Ninth Circuit Court of Appeals
James v. Schriro: The Court granted Mr. James’ writ of habeas corpus with respect to his death sentence. The Court found that Mr. James was denied effective assistance of counsel in the penalty phase, concluding that counsel’s complete failure to investigate and present mitigating evidence of Mr. James’s troubled childhood, his mental illness, and his history of chronic drug abuse constituted deficient performance. We further conclude that this failure prejudiced Mr. James because it prevented the sentencing judge from learning that Mr. James had “the kind of troubled history we have declared relevant to assessing a defendant’s moral culpability.” However, the Court affirmed the trial court’s denial of relief with respect to Mr. James’ claimed Brady claim wherein he argued that the state failed to disclose an oral plea agreement with a co-defendant under which the co-defendant agreed to testify against Mr. James. The Court also denied relief with respect to Mr. James’ claims that the state failed to correct false testimony of his co-defendant that denied the existence of this agreement. The Court instructed the district court to grant the state a reasonable amount of time in which to resentence Mr. James and, if the state chooses not to resentence, ordered that Mr. James’ sentence to automatically be converted to life in prison in accordance with Arizona law. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/12/08-99016.pdf
United States v. McEnry: The Court vacated Mr. McEnry’s sentence on his guilty plea to serving as an airman without an airman’s certificate. The Court reasoned that the trial court selected the incorrect guideline under which to sentence Mr. McEnry, and that the trial court further relied upon uncharged relevant conduct in selecting the applicably guideline. Thus, the Court found, the trial court had incorrectly calculated Mr. McEnry’s Guidelines range. The Court remanded for resentencing under the correct guideline range. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/13/10-10433.pdf
United States v. Reyes: The Court affirmed Mr. Reyes’ conviction in a second criminal trial for (1) securities fraud and making false filings with the Securities and Exchange Commission (SEC) (2) falsifying corporate books and records; and (3) making false statements to auditors. The Court was unpersuaded by Mr. Reyes’ arguments that his conviction should be vacated due to prosecutorial misconduct, insufficient evidence, and various evidentiary and instructional errors at trial. The Court found that Mr. Reyes did not establish prosecutorial misconduct through the government’s use of evidence showing that Mr. Reyes personally profited from the backdating of stock options while he served as CEO of Brocade, as the evidence that was not false, and the Government did not impermissibly ask the jury to draw false inferences from the evidence presented at trial. The Court further found that evidence of the profits made from the scheme was not irrelevant and did not unfairly prejudice the jury. The Court found that the government introduced the evidence to permit the jury to draw a reasonable inference that Mr. Reyes knew what he was doing and how the scheme operated to his benefit. Further, the Court found no misconduct in the government’s questioning of two witnesses to elicit testimony regarding the company’s options-pricing process and governance and compensation practices. The Court found that the testimony was not false or that the government sought to draw improper inferences based on its admission. The Court also concluded that the trial court did not abuse its discretion in admitting Prior Case Evidence to show that Mr. Reyes understood that he was engaged in illegal conduct and that the statements were relevant because they were inconsistent with Mr. Reyes’s position at his second trial and to his guilty state of mind. The Court likewise found no plain error in the introduction of evidence that Mr. Reyes, in his role as CEO, signed the financial statements and representation letters which formed the basis of the Government’s charges that Mr. Reyes falsified Company books and records, and lied to Company auditors. The Court found no error in the rejection of proposed jury instructions as well, including an instruction that a corporate officer is not criminally responsible for the acts of subordinates. The Court found that the district court had discretion to refuse to give a separate instruction regarding the defense’s theory where “other instructions, in their entirety, adequately cover that defense theory.” Finally, the court found that there was sufficient evidence to support the conviction, and that the prosecution did not improperly suggest to the jury that it could find materiality based on proxy-voting decisions, and disagreed that the district court erred because it did not give an instruction that would prevent the jury from being mislead. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/13/10-10323.pdf
United States v. Urena: The court upheld Mr. Urena’s conviction for assault with a dangerous weapon and possession of contraband in prison. The Court held that the district court did not abuse its discretion by refusing to instruct the jury on his theory that he acted in self-defense, finding that Mr. Urena did not use commiserate force when he stabbed a man in retaliation for calling him a “bitch” in prison, and that even if the other man was armed, it was clear that Mr. Urena was the attacker and could not avail himself of the self-defense instruction. The Court also held that the district court did not violate his Confrontation Clause rights by refusing to allow him to cross examine the treating physician about the cause of the victim’s injuries, holding that the district court’s limitations on cross-examination did not limit relevant testimony, prejudice Mr. Urena, or deny the jury sufficient information to appraise the biases and motivations of the witness. The Court concluded that Mr. Urena was able to cross-examine the doctor regarding the issues on which he testified, and did not have a right to examine him regarding additional issues. Next, the Court held that the district court did not err in refusing to let him designate the treating physician as his expert witness on causation during the trial, finding that Mr. Urena could have hired his own expert or designated an expert prior to trial, but did not do so. Finally, the court found that the sentence was not unreasonable, as the district court sentenced him under the guidelines that were in effect at the time that he was sentenced. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/13/09-50285.pdf
United States v. Carper: The Court affirmed Mr. Carper’s sentence of three years’ imprisonment for unlawfully exporting PVS-14 Gen 3 night-vision devices (“PVS-14 devices”). The Court ruled that the district court correctly interpreted the Guidelines in calculating Mr. Carper’s three year sentence. The Court reasoned that the district court followed the sentencing guidelines, and did not abuse its discretion in declining to make a downward variance to the guidelines. The court noted that the district court explained that it had considered all of the factors in the guidelines and did grant a downward departure to Mr. Carper’s sentence. The Court deferred to the district court decision. http://www.ca9.uscourts.gov/datastore/opinions/2011/10/14/10-10517.pdf
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