Thursday, March 21, 2013

New California Marijuana Bill Attempts to Regulate Medical Pot


A new bill has recently been introduced in California that would impose state control over their medical marijuana industry, which has been unregulated since 1996. Assembly Bill 473 was introduced by Assemblyman Tom Ammiano and it would create a new agency inside of the California Department of Alcoholic Beverage Control that would help to regulate medical marijuana. This new department, known as the Division of Medical Cannabis Regulation and Enforcement, would be responsible for regulating the growth, supply, and sale of medical marijuana throughout the State of California.

At the present moment hundreds of thousands of legal medical marijuana patients depend largely on the rules and regulations of each city and county in California. This creates confusion since what is tolerated in San Diego is not necessarily tolerated in Los Angeles, etc. There are currently more than 50 local ordinances and a variety of laws throughout those ordinances. State regulation would bring continuity to the medical marijuana business and prevent confusion for law enforcement officials and patients who require specific strains of medical marijuana. It would also set up a structure for statewide licensing fees.

“California has been in chaos for way too long. Cities have been looking for state guidance, dispensaries feel at the mercy of changing rules and patients who need medical cannabis are uncertain about how their legitimate medical needs will be filled.
                                                Tom Ammiano, California Assemblyman

Ammiano is no stranger to the medical marijuana issues that California faces. He proposed a similar bill last year that passed in the House but eventually stalled in the Senate. His last bill, Assembly Bill 2312 had full support from medical marijuana patients, dispensaries, and advocates.

Tuesday, March 19, 2013

Washington Picks its First Pot Consultant


The State of Washington has tentatively chosen their new marijuana consultant. Mark Kleiman is a professor of public policy at UCLA and the head of Botec Analysis Corp. Botec has evaluated government programs in the past, relating to drug abuse, crime, and public health and provided in-depth analysis and consulting for these programs. Now, Kleiman and Botec will be responsible for advising Washington state officials as they attempt to develop rules for new legal marijuana laws.

Washington and Colorado made headlines last year when they became the first states in the nation to pass laws legalizing the recreational use of marijuana. They are now in the process of setting up rules and systems for state-licenses growers, processors, and retail stores. This also includes developing rules for marijuana taxing. According to the Associated Press, sales of marijuana are expected to begin at the end of 2013 at the earliest.

Washington State's Liquor Control Board is currently trying to determine how many growers and stores they should allow, how much pot should be produced, types of packaging, and the appropriate testing of THC content. Even while Washington gears up for its own pot industry, marijuana remains illegal under federal law and many wonder if the government will attempt to block the licensing schemes from taking effect.

‘‘Hopefully the feds will cooperate so Washington won’t be sending money down the drain,’’ 
                                      --Khurshid Khoja regarding the new pot laws

Some of Botec's responsibilities will be to cover quality testing to determine the appropriate levels of THC, statistical analysis of how much marijuana to produce, and development of regulations. He faces a daunting task, since marijuana has never been regulated or legal before in this country. If Washington State produces too much marijuana, then there is a risk of it being trafficked out of the state. Producing too little marijuana results in a dangerous spike in the black market. 

Wednesday, March 13, 2013

Author of Pot Law Downplays War on Weed


The author of Washington's new legal pot law said that there is really nothing new about 8 former DEA chiefs' demands to nullify the new pot laws in both Colorado and Washington. Alison Holcomb said that these are the same arguments that she has been hearing for years and some are accusing these DEA chiefs of irrelevant meddling in the state's affairs. While these arguments may be nothing new, a bigger issue looms on the horizon for these two states: how to respond to legal marijuana for adult recreational use.

According to the federal government, marijuana is a dangerous and illegal drug that has no medicinal value and should not be used either recreationally or medicinally. In addition, a United Nations drug agency recently urged the U.S. to fight legalizing marijuana in these states because it directly violated international drug treaties.

If the federal government tries to challenge Washington's legal pot law, then State Attorney General Bob Ferguson said that he is ready to fight and respond legally.

"I understand their perspective, but my job as lawyer for the state is to uphold Initiative 502 and that's what I intend to do."
                   --Washington State Attorney General Bob Ferguson

For now, legislators and Washington residents await U.S. Attorney General Eric Holder's decision on how the federal government will respond to adults who choose to use legal marijuana recreationally. His decision is imminent and is expected to be announced sometime this month.

Wednesday, March 6, 2013

California Voters Strongly Support Legalizing Marijuana


California is currently the state with America's largest medical marijuana industry and it looks like California voters would like it to stay that way. A California Field Poll released in February 2013 showed that voters strongly support the existence of medical marijuana dispensaries. In addition, they favor legalizing marijuana for recreational use and would like the federal government to stay out of California cannabis businesses all together. In fact, 67% of Californians oppose an ongoing crackdown on businesses who are selling pot for medicinal use.

This poll's results come at a time when the California State Supreme Court is deliberating on whether cities and counties in California have the right to ban marijuana dispensaries or not. This poll also comes only three months after Colorado and Washington both passed measures to legalize marijuana.

"This poll…heartens me and makes me feel validated"
          --Steve DeAngelo, Director of California's largest medical marijuana dispensary

However, California's four U.S. attorneys do not seem to feel the same way as their voters. All four have brought criminal cases against some of the medical marijuana growers and even sent threatening letters to several other growers in attempts to seize their properties.

Many believe that California politicians, who continue to oppose medical marijuana and its distribution in California, are going to see serious consequences at election time and that this poll demonstrates the growing public trend favoring legalizing marijuana.

"I think it shows that it's going to in in 2016, and it's just a matter of writing the best law that we can."
          --Richard Lee, Proposition 19

Tuesday, March 5, 2013

Hawaii State Senate Makes Moves to Decriminalize Pot for Personal Use — But will Fine Users with $1,000 Civil Penalty

Hawaii may be joining the ranks of Washington and Colorado in the decriminalization of cannabis, with its state senate unanimously approving a bill to allow personal possession if up to an ounce.

However, it's not entirely clear toking for those looking to get a little Maui in your wowie — the bill would fine those caught with pot for personal use $1,000. The fine would be a civil, not criminal, penalty, reports Honolulu TV station KITV.

 The rationale of the bill is that it would relieve the state's courts of their backlog of marijuana cases, while emphasizing that possession is still a crime. Despite the message the senate wants to send, law enforcement is against the bill and believes it will make enforcement more difficult.

Thursday, February 28, 2013

Medical Pot to be Taxed Three Times, If Washington Law Passes

Washington state lawmakers are considering a bill that would apply a 25 percent tax at each of the growing, distribution and selling levels involved with medical marijuana.

Steve Schechter, owner of a dispensary, told the The Everett Herald that a an ounce of pot currently going for $280 in his shop would go up to $350 if the new law goes into effect. Schechter added that the price hike would price medical cannabis out of the reach of those who need it the most.

There's also no guarantee that the revenue will be put toward any research regarding pot, rather than being absorbed into the larger state budget.

The taxes are being proposed on cannabis flagged for medical use because without it, pot sold in dispensaries would be cheaper than marijuana sold for recreational use. Local and state sales taxes would also be charged.

Wednesday, February 27, 2013

Oregon Congressman Puts Name on Legislation to End Pot Prohibition, Allow Standard Business Deductions for Dispensaries

While many congressmen say something should be done about marijuana, Oregon Representative Earl Blumenauer is taking up the cause of actual federal reform of marijuana laws, Politico reports.

Blumenauer, along with 13 other co-sponsors, introduced legislation that would allow medical marijuana use at the federal level and allow dispensaries to take deductions other business are allowed to take.

Though many states have OK'd the medical use of pot (most by popular vote), the federal government continues to shut down dispensaries on the grounds of violating drug laws and despite promises made by President Barack Obama that he would not make medical marijuana prosecutions a priority.

The IRS has ruled dispensaries are not eligible for standard business deductions such as rent and payroll. Without these deductions, a dispensary's tax rate could hit 75 percent.

"Frankly, the people in the federal hierarchy are in an impossible position," Blumenauer said. "[This bill] gets the federal government and the Department of Justice out of this never-never land."

Tuesday, February 26, 2013

Pot Sells Out — MBAs Poised to Invade Legalized Marijuana Industry

Though the popular image of the medical marijuana grower and dealer is of a hippie eschewing anything to do with "the man," button-down Ivy League MBAs — for better or worse — are becoming the new face of legalized cannabis.

Seattle NPR affiliate KPLU profiles Privateer Holdings, which developed the Leafly website (known as the Yelp of medical marijuana). With the passage of legalized pot in Washington, the company's partners, Yale MBAs, have employed lobbyists to push legislators to allow large scale grow operations.

But that's not all — Privateer Holdings wants the cannabis industry to start taking cues from more mature agricultural markets. "If you go Nebraska, if you go to Lincoln, Nebraska and you look at corn there’s corn banks and corn insurance and agricultural supply houses and corn associations and high fructose corn syrup and there’s hundreds of sub industries around corn and all of those opportunities will exist in the cannabis industry," Brendan Kennedy, one of the partners, said.

However, other aren't so thrilled with the prospect of marijuana becoming King Cannabis.

Alison Holcomb, who spearheaded the Initiative 502 effort that legalized recreational pot in Washington and Drug Policy Director for the ACLU of Washington stated in a letter to the liquor control board, "Large industries that have large overhead and are interested in maximizing their profits are going to target their advertising in ways to promote marijuana use, not simply meet current demand where it currently exists."

Friday, February 22, 2013

Marijuana Dispensaries on the Vegas Strip? It's Becoming More Likely

Las Vegas' State Senator, Tick Segerblom is proposing Nevada OK cannabis dispensaries for patients with a recommendation and a card, the Las Vegas Sun reports.

Unlike California's dispensary model, which is mired in questions of profit vs. non-profit status, Segerblom spelled out how he saw Nevada embracing access for patients. The Gaming Control Board, which now strictly oversees the state's casinos, will be given jurisdiction over the dispensaries.

Segerblom added, "We’re going to have places you can go with a card where you can legally purchase marijuana. It’ll be a for-profit. It won’t be a co-op. It won’t be run by the government… It’ll be taxed and the revenue will be used to do something good. Those are the details we haven’t gotten to yet.

Nevada's current medical marijuana law has many legal ambiguities and the state's supreme court is expected to take up the issue. Establishing a dispensary system is a step toward clarifying the law.

"Let’s go back and do what we should have done 10 years ago. It’s something that it’s time has come. Colorado has it. Arizona has it. California has it. Oregon has it. Washington State has it. We’re surrounded by it," Segerblom said.

Wednesday, February 20, 2013

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

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

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

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

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

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

Tuesday, February 19, 2013

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

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

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

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

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

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

Monday, February 18, 2013

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

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

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

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

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

Sunday, February 17, 2013

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

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

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

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

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

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

Tuesday, February 12, 2013

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

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

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

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

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

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

Monday, February 11, 2013

Democratic Administration Continues to Arrest Increasingly Unionized Marijuana Workforce

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

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

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

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

Thursday, January 31, 2013

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

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

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

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

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

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

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

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

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

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

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

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

Monday, January 28, 2013

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

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

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

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

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

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

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

Saturday, January 26, 2013

Wanted: Marijuana Consultants — Apply to the State of Washington

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

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

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

Friday, January 25, 2013

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

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

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

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

Thursday, January 24, 2013

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


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

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

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

Wednesday, January 23, 2013

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

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

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

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

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

Sunday, January 20, 2013

Sun, Sand and…Maui Wowie?

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

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

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

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

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

Friday, January 18, 2013

Angelinos Will Have Third Medical Marijuana Option to Vote On

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

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

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

Monday, January 14, 2013

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

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

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

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

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

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

Wednesday, January 9, 2013

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

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

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

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

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

Thursday, January 3, 2013

Pro-Legalization Forces Makes Resolution for Oregon, California

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

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

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

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

Monday, December 31, 2012

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

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

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

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

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

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

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

Sunday, December 30, 2012

DEA Uncooperative in LAPD Investigation of Drug Suspect's Death

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

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

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

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

Wednesday, December 26, 2012

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

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

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

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

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

Friday, December 21, 2012

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

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

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

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

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

Wednesday, December 19, 2012

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

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

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

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

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

Again — Colorado. Legalized pot. What the hell?


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

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

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

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

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

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

Over 450 medical marijuana dispensaries currently operate within Los Angeles.

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

Tuesday, December 18, 2012

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

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

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

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

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

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

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

Monday, December 17, 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wednesday, December 12, 2012

Appellate Court Reverses Conviction of Dispensary Owner

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

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

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

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

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

Tuesday, December 4, 2012

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

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

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

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

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

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

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

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

Friday, November 30, 2012

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

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

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

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

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

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

Wednesday, November 28, 2012

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

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

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

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

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

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

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

Tuesday, November 27, 2012

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

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

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

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

Monday, November 26, 2012

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

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

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

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

Friday, November 23, 2012

DEA Shuts Down Operations on the Big Island of Hawaii

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

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

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

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

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

Tuesday, November 20, 2012

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

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

The Huffington Post reports that 18 representatives signed a letter to Attorney General Eric Holder and Drug Enforcement Administrator Michele Leonhart asking that they stop prosecuting medical marijuana cases and halt any plans to enforce federal drug laws against Oregon and Washington. Congressmen Earl Blumenauer (D-Ore.), John Conyers, Jr. (D-Mich.) and Jerrold Nadler (D-N.Y.) were among the signees of the letter. The letter states:
While we recognize that other states have chosen a different path, and further understand that the federal government has an important role to play in protecting against interstate shipments of marijuana leaving Colorado and Washington, we ask that your departments take no action against anyone who acts in compliance with the laws of Colorado, Washington and any other states that choose to regulate marijuana for medicinal or personal use. The voters of these states chose, by a substantial margin, to forge a new and effective policy with respect to marijuana. The tide of public opinion is changing both at the ballot box and in state legislatures across the country. We believe that the collective judgment of voters and state lawmakers must be respected.

Monday, November 19, 2012

Medical Marijuana Vending Machine Company's Stock Surge After Profile

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

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

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

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

Saturday, November 17, 2012

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

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

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

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

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

Tuesday, November 13, 2012

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

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

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

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

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

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