Wednesday, October 17, 2012

Police Chief Returns Stolen Medical Marijuana to Grower

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

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

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

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

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

Thursday, October 11, 2012

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

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

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

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

Tuesday, October 9, 2012

Dispensary Owner, Law Enforcer Agree that I-502 if Flawed, but for Different Reasons

The Herald profiled battle lines being drawn over Washington state's I-502 ballot initiative and the strange alliances being formed on both sides. Groups that found themselves on opposite ends of marijuana prohibition are finding that they have common goals, albeit for different reasons.

Jeremy Kelsey, who runs the Medical Marijuana Patients Network and whose shop won the gold cup in a recent High Times expo, voiced his skepticism at decriminalizing marijuana in the state before it's reclassified at the federal level. And he also is concerned that if the Washington initiative passes, the feds will continue to conduct raids against storefronts — any storefronts — that sell pot.

Kelsey's opposition to I-502 is joined by Pat Slack, commander of the Snohomish Regional Drug Task Force. His reasons for opposing the measure are because it enforcement of the law isn't spelled out for law enforcement officers like himself. Although anyone over the age of 21 would be allowed to possess marijuana, anyone younger would be arrested and tried under existing state laws regarding the drug.

"Who's most negatively impacted by being arrested for possession? Our youth. It impacts their ability to get jobs and get college funding. Initiative 502 doesn't do anything for them — nothing," he told the newspaper.

Wednesday, October 3, 2012

Pro-Access Groups, Patients and Unions Worked to Overturn L.A. Dispensary Ban

The Los Angeles Times reports that yesterday's repeal of the city council's dispensary ban demonstrates the growing clout of pro-pot organizers, unions and patients in the face of the anti-marijuana sentiment of the city's powers that be.

Rather than put the repeal of the ban on the upcoming ballot, the city council voted, 11 to 2, to get rid of the law entirely. (The issue will be voted on again at the next week because the measure did not pass unanimously.)

 The so-called "gentle ban" would have closed all dispensaries and only allow patients to grow their own marijuana, despite the protests and testimony of patients and patient groups that it's not practical for many of them to grow their own pot.

Testimony given by Bill Rosendahl, a councilman and medical marijuana user, also shifted support to repealing the ban.

"Where does anybody go, even a councilman go, to get his medical marijuana?" Rosendahl asked his colleagues.

Despite the support for the repeal, Councilmen Jose Huizar and Mitchell Englander voiced plans to move forward against the dispensaries. Englander, according to Patch.com introduced a motion of enforcement against the storefronts and Huizar commented that the recent federal raids on Los Angeles dispensaries were "our relief."

Monday, October 1, 2012

Medical Marijuana Laws Change the Emerald Triangle — Not for the Better, Some Say

The growing acceptance of medical marijuana may have an unintended consequence — squeezing out the small scale, outdoor growers of California's famed Mendocino and Humboldt counties.

The pot grown in the area, prized by connoisseurs of cannabis, brings in less cash each year. The farmers in the area, who take pride in the organic way they grow their crops, blame the fall in price to large-scale indoor grow operations that supply the dispensaries, the Los Angeles Times reports.

"It used to be a contest to see who could drive the oldest pickup truck. There's just been this huge influx of folks who have money on their mind, instead of love of the land. A lot more gun-toters. A lot more attack dogs," one grower says.

The old timers, who funded schools, roads and fire stations in their remote towns, complain that the newcomers aren't interested in investing in their communities. But the irony doesn't end there. In many cases, parents are discovering that their children are behind some of the large pot grow houses.

Though they've pushed for legalization and the medical use of pot, the growers are discovering that now that they're on the verge of achieving what they've always wanted, it may put them out of business. Some of them suspect California's medical marijuana law was a ruse by Bay Area pot activists to monopolize the market with large scale growers in Oakland.

"Ultimately we worry about Winston or Marlboro getting some land and doing their thing. We see it time after time in America — big corporations come in and take over," another grower worried.

Sunday, September 30, 2012

Stop Federal Raids, Los Angeles Times Opines

The Los Angeles Times is siding with advocates of medical marijuana and is calling on U.S. Attorney General Eric Holder to stop the current federal crackdown on dispensaries in the city.

The newspaper also points a finger at the lack of legal guidance from Sacramento. The murky legal climate in Los Angeles surrounding dispensaries, with the city council attempting to ban all facilities in the city and the subsequent petition to keep them open, is a direct result of that absence of leadership. The state legislature and the state's attorney general, Kamala Harris, have failed to put in place regulations for the cities to follow.

While the L.A. Times recognizes that federal law enforcement agencies are under no obligation to follow state or city laws — and they've demonstrated that they consider medical pot to be illegal, despite the will of the states — the situation in the state's capital isn't helping either.

"...the raids are likely to drive away businesspeople who want to run clean, safe storefronts serving sick people, sending the trade further underground and into the hands of a more criminal element," the paper's editorial board wrote. "That's why we urge Holder to rein in the four California U.S. attorneys spearheading the aggressive new stance, at least until we have some clarity on what's allowable and what isn't."

Friday, September 28, 2012

States Flirting with Legalization May See Drug Enforcement as More Trouble than its Worth

In a post on opposingviews.com authored by the Libertarian-leaning Reason.org, the trend of Western states to legalize marijuana is compared to movements during prohibition to withdraw enforcement of the Volstead Act.

The upcoming legalization votes in Washington, Oregon and Colorado may force Democrats and Republicans alike to reconsider their stance on national drug policy. "If any of these ballot initiatives pass," the group writes, "it might be the most consequential election result this fall, forcing both major parties to confront an unjust, irrational policy that Americans increasingly oppose."

Though Oregon's measure is trending to maintain marijuana prohibition, the ballot initiatives in Washington and Colorado are looking hopeful for advocates of legalization. However, similar support was reported by polls in California's bid for legalization in 2010, but it fizzled and pot remained illegal.

The motivation for what may be the beginning of the end of the war on drugs? The realization that the constant costs of enforcement outweigh the benefits — if any — to society.

"That does not mean all these people are current marijuana consumers, eager for the lower prices, convenience, quality, and variety promised by a legal market," the group states. "But they, along with their friends and relatives, have had enough direct and indirect experience with cannabis to decide that prohibition costs more than it's worth."

Wednesday, September 26, 2012

Court Decision Advance Medical Marijuana in Michigan, But Montana Denies Right to Pot as Medicine

If you think confusing medical marijuana laws are just for California, think again. One case in Michigan is a step forward for medical marijuana and another in Montana is a step back.

Courts in Michigan have decided that there is a "bona fide" relationship between patients and the doctors who prescribed them the medical marijuana. In this case, the issue at hand was Robert Ward's arrest following the discovery of 23 marijuana plants in a secured area. The prosecution questioned the doctor/patient relationship between Ward and Dr. Robert Townsend, the physician who signed off on his card.

The Weed Blog reports the court found in favor of Ward because Townsend kept detailed records of his patients, that he actually met his patients (and was not a "hotel or Internet doctor," and that the as-needed directions for the use of the pot was not an issue.

However, the Montana Supreme Court — usually known for upholding individual rights — ruled that there is no right medical marijuana. The decision puts new restrictions on dispensaries, such as them to three patients and prohibiting the storefronts from making a profit. This ruling was delivered despite a lower court blocking the new rules.

An attempt was made by the state's legislature to ban medical marijuana, despite the will of the voters who approved the measure and a veto by Gov. Brian Schweitzer. American Medical News reports that the Montana Marijuana Act, which outlined the new restrictions for storefronts, was then approved by the state's legislature.

Monday, September 24, 2012

Los Angeles DA Hopefuls Want to Continue Dispensary Shutdown

If you didn't need any more confirmation of the anti-medical marijuana climate in the nation's second largest city, the most recent debate between the two candidates duking it out for the position of Los Angeles District Attorney, Chief Deputy District Attorney Jackie Lacey and Deputy District Attorney Alan Jackson, should confirm any lingering doubts.

Despite being a non-partisan race, the Democratic party endorsed Lacey; the Republicans are backing Jackson. They different on their opinion of a proposition that only a serious or violent crime would trigger a mandatory 25 sentence for someone with a "third strike" (Lacey supports it and Jackson opposes it). Lacey supports driver's licenses for illegal immigrants, while Jackson is against it (on the grounds it will encourage Mexican drug cartel activity).

However the one issue they agreed on? Continuing the prosecution of medical marijuana dispensaries, according to radio station KPCC.

Lacey: "It's my position that over-the-counter sales for money of marijuana are illegal."

Jackson: "Those folks are simple drug dealers."

Dispensaries Selling to Patients OK in Washington, Seattle Politicians Say, Feds Have it Wrong

The recent federal crackdown on Seattle's dispensaries has, predictably, caused the city's pro-cannabis forces to demand the DEA and US Attorney's office to leave the storefronts alone. But another, unexpected voice has been drawn into the debate — lawmakers.

Despite the justification that the only dispensaries that are near schools will be affected, State Representative Roger Goodman of Kirkland told National Public Radio Affiliate KPLU that the federal government is overreaching.

“Our message to the federal government is, get off our backs. We’re doing it right. The federal policy for the last 40 years has been the most corrosive, disastrous bipartisan failure in social policy and health policy. And the states are getting it right," he said.

Goodman isn't a lone voice in his dissent against the status quo of drug policy and dogma. Seattle city council member Nick Licata went on record saying that even if the dispensaries are selling medical marijuana near schools, it's not a violation of state law. Illegal sales of marijuana near schools are prohibited, but sales to patients at dispensaries are approved.

The US Attorney's office did not comment to KPLU, only saying that marijuana sales were illegal under federal law.

Sunday, September 23, 2012

Facing Legalization in Washington, Oregon and Colorado, Anti-Pot Groups Think of the Children

Anti-marijuana groups, coming to terms with the real possibility of legalization in Washington state, Oregon and Colorado, have broken out the "won't someone think of the children?!" argument, Reuters reports.

Identifying their core constituents as soccer moms, the groups hold grassroots meetings in private suburban homes. There, anti-drug crusaders testify as to the evils of allowing even one marijuana plant to grow out of fear of possible corruption of their innocent offspring.

In the case of Colorado Republican State Representative Kathleen Conti, she talks about marijuana being the gateway drug and her son turning to heroin (never mind about social and parental factors or research pointing to alcohol as a gateway drug).

The groups are active in the states that will be voting on legalizing pot. The Colorado group raised the most money out of the other groups with nearly $200,000 in its warchest.

Pro-pot groups, such as the Campaign to Regulate Marijuana Like Alcohol, argues against the prohibitionist rhetoric of anti-marijuana groups. Its co-director, Mason Tvert, co-director of the group, points to a Centers for Disease Control study that found that teen pot smoking went down after pot was legalized for medical use in Colorado.

Thursday, September 20, 2012

Medical Marijuana Could Cost Obama the Election, Executive Director for American for Safe Access Argues

Steph Sherer, executive director for pro-medical marijuana organization Americans for Safe Access, argues in The Huffington Post that allowing cannabis to those with a medical need could be a defining issue of the presidential election.

Despite Obama's generally progressive policies, she argues, the president has taken a hardline against states that have approved of the use of marijuana as a medicine and the dispensaries that allow access to patients. "Things would be different," she writes, "if the President would apply his campaign slogan, 'Forward,' to our cause: stopping the raids and prosecutions of state-permitted institutions, and moving public health policy forward by ending the conflict between state and federal law."

With Republican candidate Mitt Romey and President Obama in a virtual tie in many polls, Sherer points to the seven percent showing Libertarian candidate Gary Johnson is pulling in the swing state of Colorado. That seven percent may prevent Obama from taking its electoral votes.

There's little downside, Sherer adds. Most adult support medical marijuana (a whopping 80 percent) and another 76 percent do not support the raids against dispensaries.

"With the public on our side, why should patients and our loved ones be silent?" She states.

Wednesday, September 19, 2012

Reason.TV Examines the Unraveling of L.A.'s Latest Attempt to Ban Medical Pot, and its Backlash

Libertarian-leaning Reason.TV posted an online video story about the ban on medical marijuana in Los Angeles and the subsequent public outcry and petition to restore access to patients.

More than 50,000 residents of the city signed a petition to end the ban, effectively ending it before it had a chance to go into effect on Sept. 6.

Don Duncan, the California director of pro-access organization Americans for Safe Access chalks up the action as huge win for patients and those who support the rights of patients to have access to medical marijuana.

"We're letting the city council know that they can't just come in and trump the will of the people, and that when they do things that are very unpopular, the people can stand up and say stop," he told Reason.TV.

Duncan added that the petition may only the be the beginning, as L.A.'s City Attorney and law enforcement officials are determined to define medical cannabis as illegal.


Sunday, September 16, 2012

Seattle Proposes New Zoning Laws for Medical Marijuana Dispensaries

Seattle is hoping to avoid the legal quagmire plaguing Los Angeles' medical marijuana industry with a new set of zoning regulations.

The West Seattle Herald reports that a governmental task force made up of members of the city's mayor's office, councilmembers and the city attorney are establishing where medical cannabis can be grown, processed and dispensed.

Unlike Los Angeles, which enacted a city-wide ban on medical marijuana dispensaries that is currently in contention, Seattle hopes to provide access to patients who need the drug.

"I support safe and responsibly run access points for medical cannabis in Seattle; it's important that these access points be subject to zoning laws and other city regulations just like any other business or land use," City Attorney Pete Holmes stated in a press release.

The proposal would prohibit dispensaries in single family and multifamily residential zones, neighborhood commercial 1 zones as well as the Pioneer Square Mixed, International District Mixed and Residential, Pike Place Mixed and Harborfront communities. Dispensaries would be limited to 45 cannabis plants, 72 ounces of useable cannabis, and marijuana products that could reasonably be produced with 72 ounces of useable cannabis.

Monday, September 10, 2012

Los Angeles Medical Pot Dispensary Ban Suspended as Petition Draws 50,000 Signatures

Medical Marijuana dispensaries in Los Angeles received a temporary reprieve from the city council's order to close — which may be permanent — with the submission of 50,000 signatures on a petition to put the issue on an upcoming ballot (petitions require a minimum of 27,425 registered voters to place an issue on a ballot).

Though the ordinance to close all the dispensaries in Los Angeles was to take effect on Sept. 6, the city attorney notified the public that it would not enforce the law until a statistical sampling of the signatures were verified, myfoxla.com reported.

Despite the public outcry, Councilman Jose Huizar (the architect of the current dispensary ban) maintained that the storefronts were illegal, regardless of the sentiment of voters — the same voters who approved the medical marijuana ordinance in 1996.

However, the ban comes as differing court decisions have thrown the legal landscape of storefront dispensaries into chaos. Huizar may want to put the genie back in the bottle, but there's no way the pot genie is going back in anytime soon.

Thursday, September 6, 2012

Despite Early September Weather, there's a Chill in the Air for Seattle's Dispensary Owners

Stuck between a rock and a hard place, many Seattle medical marijuana dispensary owners are opting to just get out of the way.

The Seattle Times reports a recent rash of about 30 the DEA and U.S. Attorney letters, ordering dispensaries to close and that landlords to the storefronts may have their assets seized, have had a chilling effect on the industry. Most of the businesses that received the letters shut down that day, and others later without notice.

The letters, sent to those dispensaries the DEA supposedly identified as being within 1,000 yards of schools and playgrounds, were delivered three days after two storefront owners pled guilty to drug trafficking and money laundering.

The owners that are still operating vacillate between remaining open and closing their dispensaries.

Others are having a hard time finding friendly land owners to open shop. "If clamping down on the industry was the goal, then mission accomplished," said Aaron Pelley, a Seattle attorney who represents medical-marijuana dispensaries, told the newspaper.

Friday, August 31, 2012

Seattle Dispensaries Dig In Despite DEA Shutdown Letters

Though the effect of the feds' attempts to close 23 dispensaries in the Seattle area have prompted some to close, other dispensaries are planning on disputing their allegations and defending their rights as businesses.

KOMO reports that the Coalition for Cannabis Standards and Ethics held a closed door meeting with its members, who were vocally upset, frustrated and expressed fear over the letters from the Drug Enforcement Agency and the U.S. Attorney's Office. The letters demanded the affected dispensaries shut down and their landlords order them to vacate their storefronts.

The DEA claims the businesses are within 1,000 yards of schools, parks and other facilities meant for children. They've given the 23 dispensaries 30 days to close or face criminal prosecution.

John Davis, CEO of Northwest Patient Resource Center, defended the medical marijuana industry. He said, "We pay our taxes. We employ citizens of Seattle. We go to great lengths to make sure we are compliant with state law, and even going above and beyond."

Wednesday, August 29, 2012

Feds Claim they're Thinking About the Kids in Seattle. But Not so Fast, Says TheFix.com

TheFix.com takes a closer look at the DEA and U.S. Attorney's crackdown on 23 dispensaries in the Seattle area.

Though medical marijuana's been legal in Washington state since December 1998, the recent crackdown by the feds were done under the auspices of that oh-so-common excuse, "Won't someone think of the children?"

The motivation for moving to close the dispensaries, as announced in a joint DEA/U.S. Attorney press release, was because they were open within 1,000 yards of high school.

In a self-congratulatory statement, U.S. Attorney Jenny Durkan said, "We all work hard to create a safe zone for kids in school. We need to enforce one message for our students: Drugs have no place in or near our schools."

To be fair, this is true. Medical marijuana has nothing to do about high schoolers getting high and like alcohol and cigarettes, some kind of minimum age threshold has to be agreed upon. Teenagers under the age of 18 would not meet anyone's definition of "old enough."

However, a whopping 91 percent of high school students claim they can find and buy marijuana in their own school. It raises the question of why any high school student would hike more than a mile for some pot, when they can probably score during study hall. Also consider that medical marijuana has even more hoops and regulations for patients to jump through for a prescription than just buying beer or a pack of Camels with a fake ID.

Though anti-pot crusaders claim that legalization of pot leads to more supply for high schoolers, studies have shown that the amount available for purchase to high schoolers is no more than what's available to those in areas where there are no laws that allow cannabis use, recreational or medicinal.

The site predicts that things will get even uglier for Washington in the fall, when legalization efforts ramp up for the election.

Tuesday, August 28, 2012

Law to Shield Overdose Victims and Those that Assist them Passes California Assembly, Senate

With about 10 deaths a day from substance abuse in the state, California Assemblyman Tom Ammiano introduced legislation to shield the victim and anyone who assists the victim from drug possession and for being under the influence when seeking medical assistance, the L.A. Times reports.

Ammiano is a progressive voice in California's drug policy, and has gone on record for his support of medical marijuana and questioned federal prosecutors for their role in shutting down dispensaries.

"I'd rather have my kid around to yell at than to attend his funeral," Ammiano said.

The bill, Assembly Bill 472, has passed both the California Assembly and Senate. Surprisingly, the measure has drawn support from law-and-order minded Republicans as well.

Stopthedrugwar.org has quoted Republican Assemblyman Donald Wagner as saying, "This is not going soft on crime." He added that he does not approve of drug use, but the bill is necessary to "overlook some indiscretions for the greater good."

The site also has Assemblywoman Kristen Olsen, also a Republican, going on record with this: "It’s critically important to save lives. This bill doesn’t condone drug behavior."

Monday, August 27, 2012

California Supreme Court Dismisses Review of Dispensary Case, Could Throw City Bans into Jeopardy

The California Supreme Court added another contradiction to the state's medical marijuana landscape. What's the best way to describe the new wild, wild West of medicinal cannabis? Confusing, though even that would be understating the current situation.

Though voters approved the medical use of marijuana and though most citizens seem to have no problems with the medical marijuana dispensaries that have sprung up in California's major cities, lawmakers on the local level and law enforcement officials on the federal level are determined to shut down access. Pack v. City of Long Beach is a recent example.

A medical marijuana dispensary defended itself in court by asserting that federal drug laws trumped municipal laws regulating dispensaries because marijuana is still illegal at a national level. The court agreed with the dispensary but cities used the decision to justify wholesale bans on the storefronts.

However, the California Supreme Court dismissed review of the case's appellate court ruling. This means that cities (including Los Angeles) that have used the Pack ruling as justification for wholesale bans on dispensaries face the possibility of their laws being nullified. 

Opposingviews.com reports:

The reasoning used to dismiss the Pack case was that after the California Supreme Court decided to review the appellate decision, the Long Beach City Council repealed and replaced the ordinance with an outright ban on dispensaries thereby making moot the issues before the court. In addition, the petitioners in Pack "have now abandoned their federal preemption argument in favor of unrelated issues not raised or decided at any prior stage of this proceeding," according to the court.