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.

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.

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."

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.

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."

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.

DEA, U.S. Attorney in Seattle Send Letters to Shut Down 23 Dispensaries

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.

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."

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.

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>

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.

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.

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."

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.

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.

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.

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.

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.

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.

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?

     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 à Processor	$5/gram	$1.25
2nd Sale: Processor à Retailer	$10/gram	$2.50
3rd Sale: Retailer à 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.

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[*] Purchase and resale by an independent processor may be excluded, reducing the total cannabis tax paid to the state.