Citing its concern for children, the Drug Enforcement Agency and the U.S. Attorney for the Western District of Washington sent letters threatening closure and seizure of 23 dispensaries in the Seattle area today.
The dispensaries, the feds claim, are "within 1,000 feet of a school, playground or other prohibited area." The DEA and U.S. Attorney demands the business owners to halt business operations within 30 days.
Possible consequences for dispensaries that continue to operate include seizure and forfeiture of assets, as well as criminal prosecution. Landlords of the properties the dispensaries operate on couple face the seizure of and monies received from the business and criminal prosecition.
Jenny A. Durkan, U.S. Attorney for the Western District of Washington, stated in a media release: "We all work hard to create a safe zone for kids in school. There is a reason that both federal and state laws prohibit sales of marijuana in school zones. We need to enforce one message for our students: drugs have no place in or near our schools."
Of course, there's nothing mentioned about Washington state approving medical marijuana to begin with.
Experienced legal counsel to cannabis businesses, entrepreneurs, and patients.
Seattle, Washington (206) 728-0200
Thursday, August 23, 2012
Wednesday, August 22, 2012
Pot Chewing Gum to be Introduced in 4 States in October
CanChew BioTechnologies, Netherlands-based company, will introduce a cannabis-based version of the candy in October.
Medical Marijuana, a U.S. company, now holds half of the company, which will be marketed for health and wellness as well as pain management.
The gum will be be almost THC-free which will relieve pain but not get users high, reports Big Buds, and will have almost total absorption by the body.
Medical Marijuana plans to launch a marijuana chewing gum in the U.S. this October in California, Colorado, Arizona and Washington D.C., also reports Confectionary News.
Dr. George Anastassov, the director of CanChew sees the gum as breakthrough in pain management. "Unfortunately, in the last 30 years, there has been absolutely nothing new in pain killing products," he said. "Current drugs have many dangers…Opioids have been a tremendous social burden, causing thousands of deaths each year."
Medical Marijuana, a U.S. company, now holds half of the company, which will be marketed for health and wellness as well as pain management.
The gum will be be almost THC-free which will relieve pain but not get users high, reports Big Buds, and will have almost total absorption by the body.
Medical Marijuana plans to launch a marijuana chewing gum in the U.S. this October in California, Colorado, Arizona and Washington D.C., also reports Confectionary News.
Dr. George Anastassov, the director of CanChew sees the gum as breakthrough in pain management. "Unfortunately, in the last 30 years, there has been absolutely nothing new in pain killing products," he said. "Current drugs have many dangers…Opioids have been a tremendous social burden, causing thousands of deaths each year."
Monday, August 20, 2012
Los Angeles Dispensaries File Lawsuit to Remain Open
As expected, dispensaries in the Los Angeles area sued to stop the City Council from closing their doors.
Medical marijuana trade group Patient Care Alliance filed a lawsuit against the city on the grounds that it violates the constitutional right to assembly. Under a law passed last month by the City Council, storefront dispensaries will be closed by Sept. 6. Groups of three or fewer patients will be allowed to grow and cultivate their plants. (In spite on the ban, the City Council confusingly passed an additional measure that instructs city staff to keep 180 dispensaries open.)
Marc O'Hara, an attorney for the Alliance, told Pasadena public radio affiliate KPCC, "There may be a misconception among people, maybe from the '60s, that you throw marijuana seeds in the backyard and then there’s all the marijuana. I think there’s a big difference between medical cannabis and backyard homegrown weed."
He also described the ordinance as "heartless," according to the L.A. Times.
Medical marijuana trade group Patient Care Alliance filed a lawsuit against the city on the grounds that it violates the constitutional right to assembly. Under a law passed last month by the City Council, storefront dispensaries will be closed by Sept. 6. Groups of three or fewer patients will be allowed to grow and cultivate their plants. (In spite on the ban, the City Council confusingly passed an additional measure that instructs city staff to keep 180 dispensaries open.)
Marc O'Hara, an attorney for the Alliance, told Pasadena public radio affiliate KPCC, "There may be a misconception among people, maybe from the '60s, that you throw marijuana seeds in the backyard and then there’s all the marijuana. I think there’s a big difference between medical cannabis and backyard homegrown weed."
He also described the ordinance as "heartless," according to the L.A. Times.
Thursday, August 16, 2012
Revenue Raised through Washington's I-502 Legalization Proposal Could be Billions — or it Could be Nothing
A study conducted by the Washington Office of Financial Management estimates that the state's I-502 proposal, which sets up mechanisms to legalize and tax marijuana, could raise up to $1<a href="http://seattle-criminaldefense.com" title="Washington Medical Marijuana Defense">.</a>9 billion in additional new revenue over five years<a href="http://seattle-criminaldefense.com" title="Seattle Medical Marijuana Defense">.</a>
Or it could generate no income, the Seattle Times reports.
If I-502 is made law, Washington's Office of Financial Management sees two scenarios: one in which pot shops sanctioned by the state government sell to adults and another where the federal government swoops in and shuts down the businesses<a href="http://seattle-criminaldefense.com" title="Seattle Criminal Defense">.</a>
The report states that there are "significant uncertainties related to federal enforcement of federal criminal laws" regarding pot. Raids on growers and retailers — which would be operating legally under state law if I-502 passes — "may prevent the development of a functioning marijuana market<a href="http://seattle-criminaldefense.com" title="Washington Medical Marijuana Defense">.</a>"
In a situation to parallel to Washington's, the U<a href="http://seattle-criminaldefense.com" title="Seattle Medical Marijuana Defense">.</a>S<a href="http://seattle-criminaldefense.com" title="Seattle Criminal Defense">.</a> Department of Justice promised to enforce drug laws when California considered legalizing marijuana in 2010<a href="http://seattle-criminaldefense.com" title="Washington Medical Marijuana Defense">.</a>
Proponents of I-502 believe that a wide victory may provide a mandate that keeps the federal government away. Alison Holcomb, campaign manager for the initiative, said the government conducted raids on storefronts that were abusing state medical marijuana laws<a href="http://seattle-criminaldefense.com" title="Seattle Medical Marijuana Defense">.</a>
However, many dispensaries in Los Angeles and San Francisco would beg to differ that only abusive stores have been targeted by the feds<a href="http://seattle-criminaldefense.com" title="Seattle Criminal Defense">.</a>
Monday, August 13, 2012
Olympic Anti-Drug Agency Classifies Pot as "Performance Enhancer"
When you think of performance enhancing drugs, the usual suspects of steroids and growth hormones come to mind.
But as fans who just watched the Olympics learned, pot is also considered a performance enhancer according to the powers that be at the Olympics. American competitor Nick Delpopolo was ejected from the games for "doping" with a marijuana-laced brownie.
Questions were raised as to why cannabis is on the World Anti-Doping Agency's list of prohibited drugs. According to WADA, a substance needs to fulfill two of three criteria to be placed on the banned list: be performance enhancing, be a potential health risk or go against the spirit of sport
Popular Science reports marijuana violates all three of those criteria. The drug minimizes anxiety and fear, as well as improves oxygenation and concentration. It also causes a risk to pulmonary functions and decreases cognitive performance. It also meets the final criteria of going against the spirit of the sport by with its near-universal illegality as well as conflicting with the "role model of athletes in modern society," and "negative reactions by the public, sponsors, and the media."
While there's an argument for the first two, the last reason seem suspiciously subjective, and seems to be more for PR and ensure lucrative sponsorships keep on rolling in.
But money has absolutely nothing to do with the Olympics, does it? (Yes it does.)
Strangely, the WADA prohibition also acknowledges there is an actual medicinal use for pot — which the U.S. government refuses to recognize.
But as fans who just watched the Olympics learned, pot is also considered a performance enhancer according to the powers that be at the Olympics. American competitor Nick Delpopolo was ejected from the games for "doping" with a marijuana-laced brownie.
Questions were raised as to why cannabis is on the World Anti-Doping Agency's list of prohibited drugs. According to WADA, a substance needs to fulfill two of three criteria to be placed on the banned list: be performance enhancing, be a potential health risk or go against the spirit of sport
Popular Science reports marijuana violates all three of those criteria. The drug minimizes anxiety and fear, as well as improves oxygenation and concentration. It also causes a risk to pulmonary functions and decreases cognitive performance. It also meets the final criteria of going against the spirit of the sport by with its near-universal illegality as well as conflicting with the "role model of athletes in modern society," and "negative reactions by the public, sponsors, and the media."
While there's an argument for the first two, the last reason seem suspiciously subjective, and seems to be more for PR and ensure lucrative sponsorships keep on rolling in.
But money has absolutely nothing to do with the Olympics, does it? (Yes it does.)
Strangely, the WADA prohibition also acknowledges there is an actual medicinal use for pot — which the U.S. government refuses to recognize.
Friday, August 10, 2012
As L.A. Bans Dispensaries, Riverside County Judge Denies Similar Shutdown
California's increasingly confusing patchwork of medical marijuana laws and court rulings is still as clear as mud.
On the heels of the Los Angeles City Council decision to shut down all dispensaries in its city limits (though it also voted to leave some of them open) a court has thrown out a similar ban in Riverside County, mydesert.com reports.
Riverside County attempted to shut down its dispensaries on the grounds they are not legal under county and state laws. However, Riverside County Superior Court Judge Ronald Taylor refused to grant Riverside's request for a preliminary injunction to shut the dispensaries down.
"The judge followed state law as it exists. I feel the county would do best to hold off and see how the Supreme Court rules," the attorney representing the dispensaries, David Welsh, said.
Naturally, the county took a different view and cried sour grapes over the ruling.
"In the same courthouse just three weeks ago, Judge (John) Vineyard granted us a preliminary injunction. Judge Vineyard is the judge that handles all marijuana dispensary cases, and Judge Vineyard got it right," Riverside County Deputy Counsel Patti Smith said.
On the heels of the Los Angeles City Council decision to shut down all dispensaries in its city limits (though it also voted to leave some of them open) a court has thrown out a similar ban in Riverside County, mydesert.com reports.
Riverside County attempted to shut down its dispensaries on the grounds they are not legal under county and state laws. However, Riverside County Superior Court Judge Ronald Taylor refused to grant Riverside's request for a preliminary injunction to shut the dispensaries down.
"The judge followed state law as it exists. I feel the county would do best to hold off and see how the Supreme Court rules," the attorney representing the dispensaries, David Welsh, said.
Naturally, the county took a different view and cried sour grapes over the ruling.
"In the same courthouse just three weeks ago, Judge (John) Vineyard granted us a preliminary injunction. Judge Vineyard is the judge that handles all marijuana dispensary cases, and Judge Vineyard got it right," Riverside County Deputy Counsel Patti Smith said.
Wednesday, August 1, 2012
Pro-Pot Travel Writer Rick Steves Talks Amsterdam
With medical access to pot and all-out legalization gathering steam in the U.S., Rick Steves, travel author and TV personality, gives a glimpse as to what the future possibly holds for pro-pot forces through the lens of Amsterdam.
Steves, who also co-sponsored Washington's I-502 initiative, points to the history of the city, which parallels America's situation. Hard drug use by visiting sailors were rampant in some parts of the city. Though the Dutch are not pro-drug by nature, they approved the opening of coffee shops that allowed the sale of pot. By also legalizing prostitution, the Dutch authorities were able to drive out gangs, dealers and pimps out of the city.
The numbers of coffee shops exploded in the '80s and '90s, reaching a high in the 700s and settling to about 200 today. The shops, which cannot openly advertise their botanical wares, that had complaints about noise or flouted the rules in place were shut down.
"They have a 25-year track record of not arresting pot smokers, and have learned that if you want to control a substance, the worst way to do it is to keep it illegal," he writes for The Huffington Post.
The city quarter that was home to the hard drug use that spurred the opening of coffee shops, or Zeedijk, is now a gentrified part of Amsterdam. The Dutch use half the pot as Americans and have fewer hard drug users than other parts of Europe.
But despite their successes, pressure from the provincial villages and towns may roll back the country's drug policies, at least for tourists. Coffee shops will be prohibited from selling marijuana to tourists, though Amsterdam is fighting the law.
"No one would say smoking pot is healthy," he writes. "It's a drug. It's dangerous, and it can be abused. The Dutch are simply a fascinating example of how a society can allow marijuana's responsible adult use as a civil liberty and treat its abuse as a health-care and education challenge rather than a criminal issue."
Steves, who also co-sponsored Washington's I-502 initiative, points to the history of the city, which parallels America's situation. Hard drug use by visiting sailors were rampant in some parts of the city. Though the Dutch are not pro-drug by nature, they approved the opening of coffee shops that allowed the sale of pot. By also legalizing prostitution, the Dutch authorities were able to drive out gangs, dealers and pimps out of the city.
The numbers of coffee shops exploded in the '80s and '90s, reaching a high in the 700s and settling to about 200 today. The shops, which cannot openly advertise their botanical wares, that had complaints about noise or flouted the rules in place were shut down.
"They have a 25-year track record of not arresting pot smokers, and have learned that if you want to control a substance, the worst way to do it is to keep it illegal," he writes for The Huffington Post.
The city quarter that was home to the hard drug use that spurred the opening of coffee shops, or Zeedijk, is now a gentrified part of Amsterdam. The Dutch use half the pot as Americans and have fewer hard drug users than other parts of Europe.
But despite their successes, pressure from the provincial villages and towns may roll back the country's drug policies, at least for tourists. Coffee shops will be prohibited from selling marijuana to tourists, though Amsterdam is fighting the law.
"No one would say smoking pot is healthy," he writes. "It's a drug. It's dangerous, and it can be abused. The Dutch are simply a fascinating example of how a society can allow marijuana's responsible adult use as a civil liberty and treat its abuse as a health-care and education challenge rather than a criminal issue."
Sensible Washington Proposes Alternative Legalization to I-502
Pro-pot group Sensible Washington seeks to file an initiative to repeal pot prohibition in the state. Though it sounds like I-502, Sensible Washington hopes to address its shortcomings voiced by other pro-pot groups.
The group's initiative repeals the civil and criminal penalties for adult who posses and use cannabis and removes the drug from Washington's list of controlled substances. It would not change the legal penalties for minors or driving while under the influence.
"Initiative 502 has caused a massive rift in the cannabis reform community and we want to give people a viable alternative," the group told WeedBlog.com.
If I-502 fails, Sensible Washington says their initiative will offer another option for the statewide legalization of cannabis. But even if I-502 passes, Sensible Washington's proposal addresses taking marijuana off the state's Schedule I controlled substances list.
Sensible Washington plans to file the initiative in January 2013. The group will have until July to collect the necessary signatures to appear on the general election ballot in November.
The group's initiative repeals the civil and criminal penalties for adult who posses and use cannabis and removes the drug from Washington's list of controlled substances. It would not change the legal penalties for minors or driving while under the influence.
"Initiative 502 has caused a massive rift in the cannabis reform community and we want to give people a viable alternative," the group told WeedBlog.com.
If I-502 fails, Sensible Washington says their initiative will offer another option for the statewide legalization of cannabis. But even if I-502 passes, Sensible Washington's proposal addresses taking marijuana off the state's Schedule I controlled substances list.
Sensible Washington plans to file the initiative in January 2013. The group will have until July to collect the necessary signatures to appear on the general election ballot in November.
Tuesday, July 31, 2012
L.A. Councilman Outs Himself as Medical Pot Patient
In the wake of the Los Angeles City Council's wholesale ban on medical marijuana dispensaries, Councilman Bill Rosendahl revealed to the L.A. Times that he has had a prescription for medical cannabis for 10 years.
Rosendahl uses pot to deal with the pain in his feet associated with neuropathy. A long time advocate of legalizing cannabis across the country, Rosendahl is the first member of the L.A. City Council to out himself as using medical marijuana.
"I think the war on drugs is destroying this great nation," Rosendahl is quoted as saying.
The L.A. Times also notes that dispensaries have been contributing to the reelection campaigns of councilmembers who've displayed a pro-pot posture.Rosendahl's reelection campaign in March accepted about $8,900 from the storefronts, which made up about 10 percent of the funds he raised.
Paul Koretz, another councilman who fought the outright dispensary ban, raised about 9 percent of his reelection funds, or $7,300, from the businesses.
"I'm an unabashed supporter of medical marijuana. I think it's a matter of life and death, literally. So they know keeping me in office would be a positive thing for them," he said.
Rosendahl uses pot to deal with the pain in his feet associated with neuropathy. A long time advocate of legalizing cannabis across the country, Rosendahl is the first member of the L.A. City Council to out himself as using medical marijuana.
"I think the war on drugs is destroying this great nation," Rosendahl is quoted as saying.
The L.A. Times also notes that dispensaries have been contributing to the reelection campaigns of councilmembers who've displayed a pro-pot posture.Rosendahl's reelection campaign in March accepted about $8,900 from the storefronts, which made up about 10 percent of the funds he raised.
Paul Koretz, another councilman who fought the outright dispensary ban, raised about 9 percent of his reelection funds, or $7,300, from the businesses.
"I'm an unabashed supporter of medical marijuana. I think it's a matter of life and death, literally. So they know keeping me in office would be a positive thing for them," he said.
Monday, July 30, 2012
What's Next for Medical Marijuana in L.A.? Advocates Plan to Take it to the People.
Medical marijuana access advocates may have been handed a defeat with their recent battle with the L.A. City Council's blanket ban on dispensaries, but they have their eyes on winning the war.
L.A. officials are crowing about the ban, with Jane Usher from the City Attorney's Office telling NBCnews.com, "We do expect tremendous voluntary cooperation. Nobody likes to be the subject of a criminal prosecution. The harder cases, we'll work with LAPD. We'll be complaint driven. We'll only pursue those dispensaries that are disrupting their neighborhoods."
But after the vote that banned the dispensaries, the city council then voted for 182 of the storefronts to remain open. The process could take months and Americans for Safe Access is also planning on a ballot initiative to overturn the ban.
Don Duncan, California director of Americans for Safe Access states, "The tens of thousands of patients harmed by this vote will not take it sitting down. We will campaign forcefully to overturn this poor decision by the council."
In the meantime, some dispensaries are referring their patients to stores in other, pot-friendly cities outside of the L.A. City Council's reach, such as West Hollywood.
So despite the efforts of some in Los Angeles, a blanket ban still faces an uphill fight — and very well may be thrown out by the voters, while patients are inconvenienced by having to drive further for their medicine.
L.A. officials are crowing about the ban, with Jane Usher from the City Attorney's Office telling NBCnews.com, "We do expect tremendous voluntary cooperation. Nobody likes to be the subject of a criminal prosecution. The harder cases, we'll work with LAPD. We'll be complaint driven. We'll only pursue those dispensaries that are disrupting their neighborhoods."
But after the vote that banned the dispensaries, the city council then voted for 182 of the storefronts to remain open. The process could take months and Americans for Safe Access is also planning on a ballot initiative to overturn the ban.
Don Duncan, California director of Americans for Safe Access states, "The tens of thousands of patients harmed by this vote will not take it sitting down. We will campaign forcefully to overturn this poor decision by the council."
In the meantime, some dispensaries are referring their patients to stores in other, pot-friendly cities outside of the L.A. City Council's reach, such as West Hollywood.
So despite the efforts of some in Los Angeles, a blanket ban still faces an uphill fight — and very well may be thrown out by the voters, while patients are inconvenienced by having to drive further for their medicine.
Wednesday, July 25, 2012
Medical Marijuana Spurs Reconsideration of Apartment and Condo Smoking Ban in Santa Monica
Santa Monica is referred to as the People's Republic of Santa Monica, sometime jokingly and sometimes seriously, among Angelinos.
In this case it's because of a ban which would have designated the apartments of new tenants as non-smoking, and would have only designated the units as smoking if the tenant informed their landlord. Enforcement of the ban would have been left to neighbors, with fines starting at $100, then $200, then $300.
An existing law prohibiting smoking on private balconies, porches and decks within a 25-foot radius of doors, windows and vents was in effect before the current proposal. While it wouldn't be the first city in southern California to attempt to ban smoking in residences (Calabasas, a little further north on the 101, has a similar ban), its progressive politics hurdled head on into its, well, progressive politics.
Concern that medical marijuana users would have to report their use to their landlords prompted one member of the the Santa Monica City Council reconsider their vote, the L.A. Times reports.
While the measure initially passed 2-4 on its first reading, the ban ultimately failed with a vote of 4-2. The council instructed the city staff to rework the ban, but did not give a date when it could take up the issue again.
In this case it's because of a ban which would have designated the apartments of new tenants as non-smoking, and would have only designated the units as smoking if the tenant informed their landlord. Enforcement of the ban would have been left to neighbors, with fines starting at $100, then $200, then $300.
An existing law prohibiting smoking on private balconies, porches and decks within a 25-foot radius of doors, windows and vents was in effect before the current proposal. While it wouldn't be the first city in southern California to attempt to ban smoking in residences (Calabasas, a little further north on the 101, has a similar ban), its progressive politics hurdled head on into its, well, progressive politics.
Concern that medical marijuana users would have to report their use to their landlords prompted one member of the the Santa Monica City Council reconsider their vote, the L.A. Times reports.
While the measure initially passed 2-4 on its first reading, the ban ultimately failed with a vote of 4-2. The council instructed the city staff to rework the ban, but did not give a date when it could take up the issue again.
Tuesday, July 24, 2012
BREAKING: L.A. City Council OKs Plan to Close Dispensaries, Drafting Plan to Keep Some Open, Contradicts Itself
In an attempt to clarify medical marijuana laws in Los Angeles, its city council is shuttering all registered dispensaries, but muddied the waters by also approving of a plan instructing the city's staff to allow 170 of the storefronts to remain open, the L.A. Times reports.
Confused? You aren't the only one.
The vote to close the pot shops was unanimous among the 14 city council members. Two or three person collectives which could grow and distribute marijuana amongst themselves are approved under the new measure, but pro-access advocates testified that it took years of training and at least $5,000 to cultivate medical grade cannabis.
The 726 dispensaries that registered with the city will be sent letters instructing them to close their doors. If they don't they'll face legal action. Unless they're one of the 170 that are allowed to remain open.
Councilman Jose Huizar, who called for the total dispensary ban, did not support the vote to leave 170 dispensaries intact. He promised the ban would be enforced — but he also acknowledged the city may not have the resources to shut down every dispensary in the city.
Confused? You aren't the only one.
The vote to close the pot shops was unanimous among the 14 city council members. Two or three person collectives which could grow and distribute marijuana amongst themselves are approved under the new measure, but pro-access advocates testified that it took years of training and at least $5,000 to cultivate medical grade cannabis.
The 726 dispensaries that registered with the city will be sent letters instructing them to close their doors. If they don't they'll face legal action. Unless they're one of the 170 that are allowed to remain open.
Councilman Jose Huizar, who called for the total dispensary ban, did not support the vote to leave 170 dispensaries intact. He promised the ban would be enforced — but he also acknowledged the city may not have the resources to shut down every dispensary in the city.
Monday, July 23, 2012
I-502 Gets $1.25 Million Shot in the Arm
Washington's Initiative 502 just got a major boost — a contribution of $1.25 million, the Seattle Times reports.
Prior to the million dollar shot in the arm, supporters of the ballot measure to legalize the purchase and possession of up to an ounce of marijuana raised $1.7 million. I-502 campaign manager Alison Holcomb said $1 million of the new contributions will be used to buy TV ads in August.
The $1.25 million comes from the Drug Policy Alliance and, surprisingly, Progressive Insurance founder Peter Lewis. At least now we know why Flo is so amicable.
Though the measure was initially met with skepticism and support trailed in polls, is now at 55 percent for and 32 percent against, according to a Washington TV station.
Supporters credit voters with becoming educated about the regulations that the measure will put in place, such as prohibitions against sales to anyone under 21, as well as becoming more comfortable with the proposal.
Prior to the million dollar shot in the arm, supporters of the ballot measure to legalize the purchase and possession of up to an ounce of marijuana raised $1.7 million. I-502 campaign manager Alison Holcomb said $1 million of the new contributions will be used to buy TV ads in August.
The $1.25 million comes from the Drug Policy Alliance and, surprisingly, Progressive Insurance founder Peter Lewis. At least now we know why Flo is so amicable.
Though the measure was initially met with skepticism and support trailed in polls, is now at 55 percent for and 32 percent against, according to a Washington TV station.
Supporters credit voters with becoming educated about the regulations that the measure will put in place, such as prohibitions against sales to anyone under 21, as well as becoming more comfortable with the proposal.
I-502: Tax Revenue at the Expense of Affordable Patient Access
Supporters of I-502 boast of projected state tax revenues of
more than $500 million annually. During
tough economic times, this fiscal boost appears encouraging, but at what cost
to medical cannabis patients?
Although I-502 moves in the right direction with regard to the decriminalization of cannabis, its taxing scheme is harmful to patients. The 25% cannabis tax is ultimately passed on to patients by way of higher prices for medicine. Washington voters passed laws permitting the medical use of cannabis out of compassion for the sick and disabled. This taxing scheme flies in the face of that compassion. At the very least, I-502 should have include tax relief for medical cannabis patients. An open and honest discussion on the impact of this onerous taxing scheme on medical cannabis patients must join the discussion on the implications of I-502.
Patients currently pay sales tax on medical cannabis, despite
the fact that “prescribed” medicines, like antibiotics, insulin and oxycodone,
are exempt from sales tax. I-502,
unfortunately, goes a step further, and in addition to sales tax, imposes a 25%
excise tax (“cannabis tax”) on every transaction involving cannabis. Thus, tax is imposed on each wholesale
purchase and every retail purchase of cannabis. This “pyramiding” of the cannabis
tax is unlike sales tax, which is generally imposed only on the final retail
transaction.
So why is this pyramiding of the tax so significant? I-502 sets up a licensing structure for the
production, processing, and sale of cannabis, resulting in potentially three
transactions of cannabis from the grower to the patient: (1) grower à processor; (2) processor
à retailer; (3) retailer
à patient. For example, assuming a gram of cannabis is
priced at $5/gram by growers; $10/gram by processors; and $15/gram at retail,
the total cannabis tax paid is $7.50.[*]
Sale
|
Price per Gram
|
Cannabis Tax
|
Sales Tax
|
1stSale: Producer/Grower to Ã
Processor
|
$5/gram
|
$1.25
|
|
2nd Sale: Processor Ã
Retailer
|
$10/gram
|
$2.50
|
|
3rd Sale: Retailer Ã
Consumer
|
$15/gram
|
$3.75
|
$1.78
|
Total Tax
|
$7.50
|
$1.78
|
Total State Tax =
$9.28. This total does not include other applicable state
and local taxes, including business and occupation tax.
Although I-502 moves in the right direction with regard to the decriminalization of cannabis, its taxing scheme is harmful to patients. The 25% cannabis tax is ultimately passed on to patients by way of higher prices for medicine. Washington voters passed laws permitting the medical use of cannabis out of compassion for the sick and disabled. This taxing scheme flies in the face of that compassion. At the very least, I-502 should have include tax relief for medical cannabis patients. An open and honest discussion on the impact of this onerous taxing scheme on medical cannabis patients must join the discussion on the implications of I-502.
[*]
Purchase and resale by an independent processor may be excluded, reducing the
total cannabis tax paid to the state.
Wednesday, July 18, 2012
Forget What You Learned in School — Alcohol is the Real Gateway Drug
As anyone who's been through a DARE speech — and that's pretty much anyone who's gone to school in the United States — one of the first things they tell you about cannabis is that it's a "gateway drug."
By that they mean one puff from a joint, pipe or vaporizer will condemn you to a life where you are not only at the mercy of mary jane, but harder drugs like heroin, cocaine and toad licking. Think "Reefer Madness," and those of you who've never sat through one of those presentations will understand.
It's taken as gospel among anti-drug crusaders, despite the fact we've have presidents who've admitted to smoking pot (regardless whether or not they actually inhaled), as have a sizable number of active and productive adults in the last 50 years.
A University of Florida study calls that orthodoxy of drug control into question. In fact, it's a legal substance (though not for minors) that they've discovered is more likely to lead them down the path of harder drugs.
Alcohol.
From a University of Florida press release about the study, to be published in the August issue of the Journal of School Health:
"In addition, the drug use documented found that substance use typically begins with the most socially acceptable drugs, such as alcohol and cigarettes, then proceeds to marijuana use and finally to other illegal, harder drugs. Moreover, the study showed that students who used alcohol exhibited a significantly greater likelihood — up to 16 times — of licit and illicit substance use."
By that they mean one puff from a joint, pipe or vaporizer will condemn you to a life where you are not only at the mercy of mary jane, but harder drugs like heroin, cocaine and toad licking. Think "Reefer Madness," and those of you who've never sat through one of those presentations will understand.
It's taken as gospel among anti-drug crusaders, despite the fact we've have presidents who've admitted to smoking pot (regardless whether or not they actually inhaled), as have a sizable number of active and productive adults in the last 50 years.
A University of Florida study calls that orthodoxy of drug control into question. In fact, it's a legal substance (though not for minors) that they've discovered is more likely to lead them down the path of harder drugs.
Alcohol.
From a University of Florida press release about the study, to be published in the August issue of the Journal of School Health:
"In addition, the drug use documented found that substance use typically begins with the most socially acceptable drugs, such as alcohol and cigarettes, then proceeds to marijuana use and finally to other illegal, harder drugs. Moreover, the study showed that students who used alcohol exhibited a significantly greater likelihood — up to 16 times — of licit and illicit substance use."
Tuesday, July 17, 2012
Tacoma City Council Pro-Cannabis in Legislation, Newspaper Runs Anti-Pot Editorial
The Tacoma City Council plans to zone areas where marijuana would legally be sold, and it's a bold first step to bring sanity and a mature perspective to medical and recreational marijuana use.
You'd think the media would give credit to legislators who are forward thinking and who have the fortitude to stand up for individual rights. But you haven't read The News Tribune.
A plan to sanction areas where medical pot dispensaries can operate legally is poised to be approved. Additional plans call for collective gardens, where those with a green card (which The News Tribune characterizes as "easy to obtain") can buy marijuana.
Their editorial acknowledges there is a need for police to easily patrol areas where there are dispensaries, stating "there’s much to be said for creating a legal framework that would restrict medical marijuana locations and allow Tacoma police to better monitor them."
But The News Tribune perpetuates the notion that all dispensaries must be illegal. However, they do not recognize in their opinion piece is the money the city of Tacoma will save by effectively legalizing marijuana and giving those who are looking for pot a defined place to look for it.
The article also notes how the collectives and dispensaries will be located in economically depressed areas. However, it also fails to take into account the taxes and revenues that will be generated by cannabis-related businesses and the establishments around them.
This is a rare instance where politicians should be applauded for their foresight — however, The News Tribune's adherence to a status quo that's being increasingly challenged? Not so much.
You'd think the media would give credit to legislators who are forward thinking and who have the fortitude to stand up for individual rights. But you haven't read The News Tribune.
A plan to sanction areas where medical pot dispensaries can operate legally is poised to be approved. Additional plans call for collective gardens, where those with a green card (which The News Tribune characterizes as "easy to obtain") can buy marijuana.
Their editorial acknowledges there is a need for police to easily patrol areas where there are dispensaries, stating "there’s much to be said for creating a legal framework that would restrict medical marijuana locations and allow Tacoma police to better monitor them."
But The News Tribune perpetuates the notion that all dispensaries must be illegal. However, they do not recognize in their opinion piece is the money the city of Tacoma will save by effectively legalizing marijuana and giving those who are looking for pot a defined place to look for it.
The article also notes how the collectives and dispensaries will be located in economically depressed areas. However, it also fails to take into account the taxes and revenues that will be generated by cannabis-related businesses and the establishments around them.
This is a rare instance where politicians should be applauded for their foresight — however, The News Tribune's adherence to a status quo that's being increasingly challenged? Not so much.
Tuesday, July 10, 2012
Dispensaries Back in Business in L.A.? Not so Fast, Says Appeals Court — the Same One that Struck Down Dispensary Ban!
A day after a California appeals court threw out a dispensary ban in unincorporated Los Angeles County, a panel — from the same court — affirmed limits on the number of dispensaries in the city.
The previous decision by Los Angeles County Superior Court Judge Anthony Mohr overturned the bans on the basis of preemption. Mohr found that the state law medical marijuana allowed dispensaries to operate without criminal prosecution, despite officials charging owners and operators with misdemeanors.
However, Los Angeles Superior Court Judge Douglas Sortino, wrote the next day that there was no preemption, based on prior court decisions and laws passed after those cases.
Naturally, the Los Angeles City Attorney was relieved with the decision. Los Angeles Special Assistant City Attorney Jane Usher said: "We're tremendously gratified that the court of appeal understood the state's medical marijuana laws and how they apply to the city's ordinance. The court of appeal reversed the trial court on each and every ground."
But it might not be as clear as the city attorney hopes. Doug Galanter, a lawyer representing one of dispensaries involved in the case, said, "We think the justices got it wrong on the question of privacy rights and due process, because we do think that state law does confer certain rights that afford due process."
In other words, situation normal...you know the rest.
http://www.metnews.com/articles/2012/pot070612.htm
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202561993785&slreturn=1
The previous decision by Los Angeles County Superior Court Judge Anthony Mohr overturned the bans on the basis of preemption. Mohr found that the state law medical marijuana allowed dispensaries to operate without criminal prosecution, despite officials charging owners and operators with misdemeanors.
However, Los Angeles Superior Court Judge Douglas Sortino, wrote the next day that there was no preemption, based on prior court decisions and laws passed after those cases.
Naturally, the Los Angeles City Attorney was relieved with the decision. Los Angeles Special Assistant City Attorney Jane Usher said: "We're tremendously gratified that the court of appeal understood the state's medical marijuana laws and how they apply to the city's ordinance. The court of appeal reversed the trial court on each and every ground."
But it might not be as clear as the city attorney hopes. Doug Galanter, a lawyer representing one of dispensaries involved in the case, said, "We think the justices got it wrong on the question of privacy rights and due process, because we do think that state law does confer certain rights that afford due process."
In other words, situation normal...you know the rest.
http://www.metnews.com/articles/2012/pot070612.htm
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202561993785&slreturn=1
Friday, July 6, 2012
Collective in Israel Develops THC-Free Pot
An Israeli medical pot collective has developed a practically THC-free strain of the plant.
Medical marijuana is legal in Israel, and it's controlled by the country's Ministry of Health. Around 6,000 Israeli citizens are registered medical cannabis users. Tikkun Olam, which translates to Healing the World, grows pot and operates the country's only storefront dispensary.
Users of the Tikkun Olam's new strain of THC-free pot, known as CBD, told Public Radio International's "The World" that it does not have the same intoxicating effects of the drug. It allows patients who are taking pot for infections and nausea to smoke throughout the day without impairing their normal daily activities.
However, not all patients are able to use pot without THC. Pain patients and Parkinson's Disease sufferers, in particular, have noted that CBD does not alleviate their problems.
But even with the minimal amounts of THC in the plants, don't expect to see CBD at a collective or dispensary in the US anytime soon. Despite the fact that the federal government claims that cannabis is illegal because of THC, CDB will still be a banned import.
Medical marijuana is legal in Israel, and it's controlled by the country's Ministry of Health. Around 6,000 Israeli citizens are registered medical cannabis users. Tikkun Olam, which translates to Healing the World, grows pot and operates the country's only storefront dispensary.
Users of the Tikkun Olam's new strain of THC-free pot, known as CBD, told Public Radio International's "The World" that it does not have the same intoxicating effects of the drug. It allows patients who are taking pot for infections and nausea to smoke throughout the day without impairing their normal daily activities.
However, not all patients are able to use pot without THC. Pain patients and Parkinson's Disease sufferers, in particular, have noted that CBD does not alleviate their problems.
But even with the minimal amounts of THC in the plants, don't expect to see CBD at a collective or dispensary in the US anytime soon. Despite the fact that the federal government claims that cannabis is illegal because of THC, CDB will still be a banned import.
Thursday, July 5, 2012
California Appeals Courts Rule that Dispensary Bans are Illegal
A court decision has again thrown a monkey wrench into the agenda of anti-access groups by deciding the dispensary ban in the unincorporated areas of Los Angeles is a violation of the state law that legalizes medical cannabis.
Arguments against the establishment of dispensaries, such as storefronts and pot sales being in violation of the state medical marijuana laws, were swept away by a California Appeals Court, the Long Beach Post reports. The bans, the court wrote, relied on an "unduly" narrow interpretation of the law.
The ruling concurs with another appeals court in February that decided local governments could not ban dispensaries altogether. Like the recent ruling, it exempts patients and caregivers from criminal prosecution for taking part in legal medical activities and from nuisance abatement hearings — or negative secondary effects, such as supposed increases in crime around the dispensary.
"Thus, the Legislature has determined the activities it authorized at collective or cooperative cultivation sites, including a dispensary function, do not constitute a nuisance," the February ruling read.
These decisions will no doubt force the Los Angeles City Council to reevaluate a proposal to close all the city's dispensaries.
Arguments against the establishment of dispensaries, such as storefronts and pot sales being in violation of the state medical marijuana laws, were swept away by a California Appeals Court, the Long Beach Post reports. The bans, the court wrote, relied on an "unduly" narrow interpretation of the law.
The ruling concurs with another appeals court in February that decided local governments could not ban dispensaries altogether. Like the recent ruling, it exempts patients and caregivers from criminal prosecution for taking part in legal medical activities and from nuisance abatement hearings — or negative secondary effects, such as supposed increases in crime around the dispensary.
"Thus, the Legislature has determined the activities it authorized at collective or cooperative cultivation sites, including a dispensary function, do not constitute a nuisance," the February ruling read.
These decisions will no doubt force the Los Angeles City Council to reevaluate a proposal to close all the city's dispensaries.
Saturday, June 30, 2012
California Supreme Court Declines to Hear Medical Pot Case, Sends Mixed Message
The Los Angeles District Attorney, City Attorney and Police Department are high-fiving each other over the decision of the California Supreme Court not to hear a case involving its prosecution of Organica, a dispensary.
Organica maintained that its operations were legal under the state law that allowed collectives. The city argued that selling pot — even to patients, in the case of Organica — still violated laws against distribution and prevailed.
Los Angeles has since moved to outlaw dispensaries wholesale. Never mind that other pharmaceuticals are sold for a profit, that collectives have been known to discount and sometimes give away cannabis to patients in financial distress, and the author of the state medical marijuana law allowed for sales.
However, Kris Hermes, Americans for Safe Access spokesman, told the L.A. Weekly the issue still isn't settled. Other decisions before the Supreme Court could affirm that Organica was in the right.
Organica maintained that its operations were legal under the state law that allowed collectives. The city argued that selling pot — even to patients, in the case of Organica — still violated laws against distribution and prevailed.
Los Angeles has since moved to outlaw dispensaries wholesale. Never mind that other pharmaceuticals are sold for a profit, that collectives have been known to discount and sometimes give away cannabis to patients in financial distress, and the author of the state medical marijuana law allowed for sales.
However, Kris Hermes, Americans for Safe Access spokesman, told the L.A. Weekly the issue still isn't settled. Other decisions before the Supreme Court could affirm that Organica was in the right.
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