If you know of an event that you feel should be listed on our calendar, please send details to info@mjdispensaries.com ~Thank You

Latest Headlines and Information

Sunday, February 28, 2010

Medical Marijuana Court Challenge. Court Support Needed for Eugene Davidovich



Eugene Davidovich is currently facing a Jury Trial which is scheduled to start on Tuesday March 2nd. The trial is related to the February 2009 (Operation Endless Summer / Green Rx) raids, orchestrated by District Attorney Bonnie Dumanis and her Cross Jurisdictional Narcotics Task Force (NTF).

Come show your court support for Eugene as well as to see for yourself how medical cannabis patients are being treated in court in San Diego.

Date: Tuesday March 2nd, 2010
Time: 9:00am
Location:
San Diego Superior Court [map]
220 W Broadway
San Diego CA 92101-3886

Share

Americans for Safe Access

Saturday, February 27, 2010

Mom: 'Marijuana Saved My Son's Life'

Reports of parents treating their autistic children with marijuana may be shocking to the medical community, but apparently it works. Mieko Hester Perez's 10-year-old son Joey (below, left) was just 46 pounds and wasting away before she started feeding him small doses of marijuana-iinfused brownies. He's gained weight and is behaving better, prompting Hester-Perez (left) to crow, "The marijuana has balanced my son."

The same goes for Sam (right), the 10-year son of Angela and Steve, who like the Perezes live in California where medical marijuana is legal. Steve grows pot and makes hash from his plants. He gives Sam a small chunk of hash each day.

"His pent-up rage and his obsessiveness just went away," says Steve. "It just calmed him down. It gave us the results we were looking for."

Most parents give their autistic children pharmaceutical drugs like Risperdal. Seeking an alternative, Hester-Perez, who says she's never smoked marijuana, found pot was the solution to Joey's weight loss and aggressiveness.

"My son had self-injurious behaviors," she explains. "He was a danger to himself and others. You could see the bones in his chest. He was going to die."

That's before she started medicating him with the brownies.

"Within hours, he requested foods we had never seen him eat before," Hester-Perez says. "I saved my son's life, and marijuana saved my son's life. When a mother hears that her son is knocking on death's door, you will do anything to save his life."

Becky Estepp, spokeswoman for Talk About Curing Autism, speculates about the unusual approach employed by Hester Perez and Sam's parents: "If medical marijuana calms down some children with autism, it may work in the same way that massage or swinging therapies do. These things feel good and that could have a settling effect on kids that are prone to be hyperactive."

Even TV personality Dr. Drew Pinsky supports the parents' decisions.

"The idea that somehow cannabis is a 'bad' drug and there are 'good' drugs, that's a huge mistake," he says. "There are drugs that have liabilities and used properly can really help people. This is a clear situation where it's helping a kid. Why shouldn't they use it?"

UF4A (The Unconventional Foundation for Autism) is quickly becoming a leading advocate in the fight for nationwide investigation, research and analysis of the legalization of Medical Marijuana; in accordance with similar terms & conditions set forth by the California Compassionate Use Act.

NEWS: Charges dismissed in medical marijuana case in Kalamazoo; ruling gets into gray area of state law

KALAMAZOO — A judge has thrown out a criminal charge against a woman who said she was using marijuana for medical reasons in what is believed to be the first ruling in Kalamazoo County related to a gray area of Michigan’s medical marijuana law.

The 44-year-old Kalamazoo woman said she had her home searched last March by Kalamazoo Valley Enforcement Team officers, who found 4 grams of marijuana, enough for about eight joints. She said she told officers she had her doctor’s permission to use the drug to treat chronic pain related to her fibromyalgia, a debilitating nerve condition, but they confiscated the marijuana and she was later charged with misdemeanor possession.

The Kalamazoo Gazette agreed to her request for anonymity because she is no longer charged with a crime and said she fears she will lose her job if she is identified.

The Michigan Medical Marijuana Act that was passed by voters in November 2008 and took effect last spring states that a patient or caregiver in possession of a state-issued card will not be arrested or prosecuted for possessing marijuana.

The Kalamazoo woman said her physician had given her the OK to use the drug, but that at the time her house was searched she didn’t have a state card indicating she was a registered medical marijuana patient. The Michigan Department of Community Health didn’t begin issuing the cards until April 4 and she received her card from the state on May 5.

“If I had my card, of course I would have showed it to them,” she said of police.

A gray area of the law, attorneys have said, is that while police may be unable to determine if a person without documentation is legally possessing marijuana, a so-called “affirmative defense” provision in the law broadens the definition of a patient to anyone who can document a covered medical condition or to whom a physician recommends it for treatment, regardless of whether they can produce state documentation.

After reviewing the case against the Kalamazoo woman, Kalamazoo County District Court Judge Robert C. Kropf on Wednesday dismissed the misdemeanor marijuana charge.

“This is a big victory for me. I deserved to win,” the woman said.

Assistant Prosecutor Mark Holsomback, who argued the case, was out of the office and unavailable for comment when the Kalamazoo Gazette tried to reach him Friday.

The woman’s attorney, John Targowski, stopped short of saying Kropf’s ruling is a precedent-setter. A higher court, such as the Michigan Court of Appeals or Michigan Supreme Court, would have to make a judgment to firm up protections under the affirmative defense portion of the law, he said.

A user of medical marijuana has a much stronger case if they possess of a state-issued ID card, said Targowski.

Source: Michigan Live

Share


Friday, February 26, 2010

NEWS: Pot dispensaries ask Supreme Court to review case

DANA POINT – Five pot dispensaries in this city are asking the California Supreme Court to review -- and clarify once and for all – whether a legislative subpoena, such as one issued by Dana Point for the cooperatives' records, is appealable or can only be reviewed by a petition for an "extraordinary writ."

Under California law, such a subpoena gives an administrative body the authority to compel the production of records or testimony from individuals or groups on proceedings before the body. It is an authority exercised hundreds if not thousands of times and sometimes challenged, but a dispensary attorney said he knows of no case in which a legislative subpoena seeking pot dispensary records was at the heart of an appeal.

If the state high court decides to review the matter, a ruling by the justices could be precedent setting because various California district appeals courts have had varying rulings on how a legislative subpoena can be appealed, said attorney Lee Petros for the Point Alternative Care dispensary.

"There are differing views on how to treat this," he said. "We seek clarity on this issue."

City Attorney Patrick Muñoz said the city will wait and see whether the high court takes up the matter.

A decision could come within 60 to 90 days.

The 4th District Court of Appeal earlier this month declined to reinstate an appeal by medical-marijuana dispensaries to keep them from turning over company records, including financial data and clients' names, to the city under a subpoena order.

In its Feb. 11 order, the court gave the dispensaries until March 12 to file a petition for a writ that the city says would allow the court to review the matter more expeditiously than through a normal appeal. In January, the court had found that the "case is not from an appealable order" and deemed it an "extraordinary writ" petition.

A writ is a different standard of review requiring the dispensaries, in this case, to show that an Orange County Superior Court judge abused her discretion in issuing an order to enforce the city subpoena. The appeals court can deny the writ outright, said Petros, so dispensaries would like to go the route of a regular appeal.

"Realistically speaking the appeal gives the whole case another look," he said.

The question of whether a legislative subpoena is appealable as a final judgment in a special proceeding or whether it may only be reviewed by a petition for a writ remains unsettled in California, Petros said.

In his petition for review filed earlier this week with the Supreme Court, Petros says that "the court should grant a review to give guidance to the lower courts in California on this important issue."

"Current decisions lack uniformity," he wrote. "In the absence of a definitive ruling from this Court, there will be no uniformity of decision as it relates to legislative subpoenas."

The other four Dana Point dispensaries also have or are in the process of filing similar petitions with the high court, Petros said. He also plans to seek an extension of the March 12 date to file papers with the 4th District Court of Appeal.

The court battle over the city's effort to obtain records from dispensaries that began last summer has wound its way to the highest court in California. But, for now, the justices aren't being asked to consider the question of the dispensary records that the city seeks.

Because legal battles surrounding medical marijuana dispensaries – or pharmacies as some advocates prefer to call them – are covering new territories of the law as it relates to such establishments, opinions among legal scholars and attorneys vary as to how far reaching the impact will be if Dana Point is successful in obtaining the information it seeks.

Nor is it clear -- in part because of lack of case law -- what impact Dana Point's efforts to seek contact information of members of a cooperative will have on cities around the county and the state attempting to regulate medical marijuana dispensaries.

"What everyone loses sight of is the information (the city is) trying to obtain – the private information on third parties," Petros has said previously. "The issue is should these documents of third parties be turned over? Our answer is absolutely not."

The city wants a quick resolution because it is concerned that the dispensaries may be operating in violation of existing zoning, Muñoz said.

But "there's nothing in the code that says it's illegal to operate a medical-marijuana dispensary," Petros said.

In July, the city served the dispensaries with subpoenas to turn over their records after an organization asked the city to change its zoning laws to officially allow the cooperatives. The municipal code currently doesn't weigh in one way or another, but before changing the code, the city said it wanted to make sure the dispensaries aren't acting illegally.

Not being in the code doesn't mean the operations are permitted, like many other uses not specifically addressed in municipal codes, the city says.

Attorneys for the dispensaries have objected to the release of any members' names on grounds that the city's request for records violates members' medical and financial privacy rights, the Fifth Amendment's protection against self-incrimination and the First Amendment protection of freedom of association.
----
To read one dispensary's petition for review to the California Supreme Court, visit http://files.onset.freedom.com/ocregister/news/2010/02/The_Point_Alternative_-_Petition_for_Review.pdf

See the government code section 37104 on legislative subpoenas at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=37001-38000&file=37100-37200

Source: OC Register

Share

NEWS: Tuesday, activists gather to push medical marijuana and legalization at MA State House

On Tuesday, March 2, members of the Joint Committee on the Judiciary will hear testimony in favor of Senate Bill 1801, which seeks to legally regulate the commercial production and distribution of marijuana for adults. The hearing is scheduled for 1:00pm in room A-1 of the Massachusetts State House.

Keith Stroup of NORML has submitted written testimony in support of this bill to the Committee in which he writes,

"it is important that any system of legalizing, regulating and taxing marijuana also include the right of responsible consumers to cultivate their own marijuana."

Representatives from MassCann/NORML will be speaking at the hearing. They also will be handing out legalization stickers for supporters to wear and show their support inside the hearing.

Massachusetts Cannabis Reform Coalition, state affiliate of the National Organization for the Reform of Marijuana Laws and host of the Freedom Rally, will also be presenting over 1,000 postcards from voters in Jamaica Plain asking their Representative Jeffrey Sanchez (D) to support a bill tied-up in a committee he chairs that would allow doctors to permit the use of medical marijuana by patients who need it.

Sanchez is the co-chair of the Joint Committee on Public Health, which held hearings on the medical marijuana bill, H2160, in May of 2009. Dozens of citizens, including Sanchez constituents, testified in favor of the bill at that hearing. Since that hearing, committee chairs, including Sanchez, have failed to allow their committee to vote on the bill. If the bill is not voted on by March, it will, in all likelihood, die.

We have recently heard news from a Sanchez aide that the bill will get a vote in the next few weeks.

John Gibson, MASS CANN Director, “The support for medical marijuana in Jamaica Plain is stunning. Almost every voter who understood we were looking for supporters of medical marijuana responded in the affirmative. Our volunteers stood for hours in pelting sleet and were kept warm by the overwhelming support of Jamaica Plain voters. We had half a dozen doctors who filled-in postcards too.”

MASS CANN President, Dr. Keith Saunders noted, "Jeffrey Sanchez stands still and stays silent while people in his own district suffer. It makes no sense that he would not permit a committee vote, unless he knows the bill will pass and he opposes it. It is an unseemly lack of compassion. With more than 80% public approval for medicinal marijuana, Massachusetts democrats like Sanchez show they still haven't learned they have to give the people what they want, or the people will vote for who does."

MassCann/NORML is asking all activists to meet at the State House on tuesday for medical marijuana and the legalization hearing to finish the day.

Source: Examiner

The Pharmacology of Cannabis Sativa

Although the main psychoactive chemical compound in Cannabis is Δ9-tetrahydrocannabinol (DELTA9 THC), the plant is known to contain about sixty cannabinoids; however, most of these "minor" cannabinoids are only produced in trace amounts.

Besides THC, another cannabinoid produced in high concentrations by some plants is cannabidiol (CBD), which is not psychoactive but has recently been shown to block the effect of THC in the nervous system.

Differences in the chemical composition of Cannabis varieties may produce different effects in humans. Synthetic THC, called dronabinol, does not contain CBD, CBN, or other cannabinoids, which is one reason why its pharmacological effects may differ significantly from those of natural Cannabis preparations.

Source: Wikipedia

VIDEO: Katherine Hamel before Long Beach Council on medical marijuana raid


Katherine Hamel testifies before the Long Beach City Council regarding the raid on a collective she is a member of. Also how the arrest has destroyed her role as a part of the Girl Scouts of America. Council members Robert Garcia, Gary De Long and Bob Foster request public document on the policies and procedures of law enforcement when it comes to raids. Meeting Date: February 2, 2010.

Related Story in The District Weekly

Share


Americans for Safe Access

VIDEO: Randi Martinez speaks about her raid experience by LB Police on her medical marijuana dispensary



Share

TheCannabisChef.com - The Art and Science of Cooking with Cannabis (Medicinal Marijuana)

NEWS: Police nab suspect in rash of marijuana dispensary burglaries

Sunrise, Colorado - Police have nabbed a man they think is responsible for a spree of three Thursday evening burglary attempts at area medical marijuana dispensaries.

A burglar broke the front glass door at 890 Dublin Blvd., tripping the alarm at about 7:25 p.m. The burglar was gone when police arrived.

About 20 minutes later, the alarm sounded when a glass door was broken at a medical marijuana dispensary at 300 W. Garden of the Gods Road. Again, the burglar was gone when police arrived.

Then, at 8:10 p.m., a burglary attempt was reported to police while still in progress, at a medical marijuana dispensary at 5030 Boardwalk Dr.

The store owner and witnesses detained Gary Harrison, 45, until police arrived. Cops say they found evidence on Harrison that they believe links him to all three burglaries.

Source: The Gazette

Thursday, February 25, 2010

Medical marijuana raids by DEA, "arrest everybody" comments by agent Jeff Sweetin prompt Jared Polis letter to U.S. Attorney General

Last week, we shared with you a letter medical marijuana advocate Rob Corry sent to the U.S. Inspector General regarding the Drug Enforcement Administration raid on Highlands Ranch medical marijuana grower Chris Bartkowicz.

Now, someone's sent another letter -- this one addressed to U.S. Attorney General Eric Holder and copied to a certain President Barack Obama -- asking that Corry's complaints and concerns be addressed. That person? Representative Jared Polis.

The missive, originally posted on SquareState.net, finds Polis wading into the conflict between the Colorado constitution and federal drug policy that Bartkowicz attorney Joseph Saint-Veltri discussed at length in this space on Monday. Polis spokeswoman Lara Cottingham explains why he took this unusual step.

"Congressman Polis believes these raids are in contradiction to the will of the voters of Colorado and are an unwarranted federal intervention in the doctor patient relationship," Cottingham notes via e-mail. "President Obama has clearly stated his position on respecting states that have voted to allow medical marijuana, and the recent raids are contrary to that policy. Congressman Polis feels these actions strike fear into the hearts of many medical marijuana patients who are already dealing with chronic pain and suffering and must be stopped."

The letter specifically addresses recent published comments by DEA special agent Jeff Sweetin, a recent Westword interview subject, as well as the decision to charge Bartkowicz with federal violations -- an action defended by U.S. Attorney David Gaouette in another Westword post.

Here's what Polis had to say:

Attorney General Eric Holder U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530-0001

Dear Attorney General Holder:

As you know, the voters in my state legalized marijuana for medical use, and placed it in the Colorado Constitution, Article XVIII § 14, the Supreme Law of Colorado.

The Department of Justice is to be commended for issuing formal written guidelines on October 19, 2009, clarifying that federal resources should not be used against people in compliance with state law in states that have legalized marijuana for medical use. When drug czar Gil Kerlikowske was in Colorado recently, I thanked him for taking this step and respecting our state law.

Despite these formal guidelines, Friday, February 12, 2010, agents from the U.S. Department of Justice's Drug Enforcement Administration (DEA) raided the home of medical marijuana caregiver Chris Bartkowicz in Highlands Ranch, Colorado. In a news article in the Denver Post the next day, the lead DEA agent in the raid, Jeffrey Sweetin, claimed "We're still going to continue to investigate and arrest people...Technically, every dispensary in the state is in blatant violation of federal law," he said. "The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment."

Agent Sweetin's comment that "we arrest everybody" is of great concern to me and to the people of Colorado, who overwhelmingly voted to allow medical marijuana. Coloradans suffering from debilitating medical conditions, many of them disabled, elderly, veterans, or otherwise vulnerable people, have expressed their concern to me that the DEA will come into medical marijuana dispensaries, which are legal under Colorado law, and "arrest everybody" present. Although Agent Sweetin reportedly has backed away from his comments, he has yet to issue a written clarification or resign, thus the widespread panic in Colorado continues.

On May 14, 2009, Mr. Kerlikowske told the Wall Street Journal: "Regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them," he said. "We're not at war with people in this country." The actions and commentary of Mr. Sweetin are inconsistent with the idea of not waging war against the people of the State of Colorado and are a contradiction to your agency's laudable policies.

On Saturday, February 13, 2010, local Attorney Robert J. Corry, Jr. submitted a formal complaint regarding the raid and subsequent comments by Sweetin to the U.S. Department of Justice Office of Inspector General, which is tasked with investigating "waste, fraud, abuse, or misconduct" from Justice officials. I ask you to instruct the Inspector General to respond promptly to Mr. Corry's complaint.

On Tuesday, February 17, 2010, Acting U.S. Attorney for the District of Colorado David Gaouette announced his office's intention to criminally charge Mr. Bartkowicz in federal court. In order to ensure a fair trial for Mr. Bartkowicz, it is essential that the confusion about administration policy caused by the actions of Agent Sweetin be resolved ahead of jury selection in this case. A response to Mr. Corry's complaint would serve as point of clarity.

I again applaud your policy. Treating drug policy as primarily an issue of public health, as opposed to an issue of criminal justice, is both practical and compassionate and it has been and will continue to be supported by the voters of Colorado. Please clarify for me in writing whether Agent Sweetin's comments that DEA will "arrest everybody" remains United States policy. Thank you very much for your attention to this matter.
Sincerely,

Jared Polis
Member of Congress

cc: President Barack Obama

Source: Denver Westword

Share


Americans for Safe Access

NEWS: Capitola Reviews Medical Marijuana Dispensary Proposal

Capitola, Calif.- A local Capitola resident wants to open a medical marijuana dispensary between Gross Road and 41 St Avenue, a central location in the city. City Council Members will review the proposal tonight.

The lively coastal town, Capitola, does not have a law that allows or bans medical marijuana dispensaries,but that could change. City Council Member Kirby Nicol told me his concerns with allowing pot shops in Capitola. " I think the main concern would be the collateral damage that typically is associated with encouraging the use of control substances,"said Nicol.

He admits marijuana can help people ease people's pain, but says it's against federal law. And he does not see how pot shops can benefit Capitola. " I can't think of anything personally,"said Nicol.

But Mayor Sam Storey said he's keeping an open mind because it can bring in tax revenue, jobs,and help sick people. In addition, California law allows it. " With the depressed economy we need to keep our minds open and have new businesses,"said Storey.

There's definitely a lot for Council Members to think about tonight. And they'll find out what locals like Robin Gordon think. "There are people here that would definitely benefit from it. I really don't think it brings a wrong sort of crowd,"said Gordon.

Source: Central Coast News

NEWS: Medical Marijuana 'Smokers Club' to Open in Williamston, North Carolina

WILLIAMSTON, NC -- Wayne Dagit has no problem admitting it.

"Right now, I am completely medicated," he says, holding up a bag of marijuana.

Dagit is a reverend and a medical marijuana patient with Hepatitis C, which has just about destroyed his liver.

"Later tonight, I will enjoy some 'Great White' (a particularly potent strain of marijuana) because it is my right," he says.



Dagit's so devoted to it he's opening the state's first smokers club -- Green Leaf University -- where others like him can gather and get medicated. It's set to open Monday, March 1, in Williamston.

Dagit is also the founder and reverend of the Church for Compassionate Care. He says he moved to Michigan when it legalized pot back in 2008. His ailments have since greatly improved.

"Through the grace of the Lord and his infinite wisdom, he created medical marijuana," Dagit says, noting the lab results on his liver are coming back cleaner than before.

But local law enforcement officials aren't quite so thrilled. They're worried medical marijuana patients who drive themselves to a smokers club will be high when they get back behind the wheel.

"The result is going to be that local law enforcement officials are going to have to deal with the clean-up -- meaning accidents, and people getting hurt and wrecking their cars," says Ingham County Sheriff Gene Wriggelsworth.

But Dagit counters only folks with medical marijuana cards will have access to the club. He also says he'll encourage his clients to stay until they're sober, and worries medical marijuana patients are becoming victims of a double standard.

"There are 15 bars in a one-mile radius, and I don't hear the police saying anything about that," Dagit argues.

If the state's six-month backlog of medical marijuana applications is any indication, his Green Leaf University is about to become very busy.

Source: WILX.COM

Share


Americans for Safe Access

NEWS: Cannabis in Demand

Medical marijuana advocates are intensifying efforts aimed at persuading southwest Riverside County jurisdictions to allow them to distribute the controversial substance to people who have received doctor recommendations for its use.

Such scenes have unfolded publicly in Lake Elsinore, Temecula and Murrieta as activists press government officials to relax zoning restrictions that have blocked the opening of storefront operations where medical marijuana could be legally distributed.

The bans remain intact in those cities and others despite a 13-year-old state referendum that opened the door for the establishment of medical marijuana collectives and dispensaries. California is one of more than a dozen states and several countries that have legalized small amounts of marijuana or allow its use for serious health conditions.

"The county and local bans create undue and unnecessary hardships for law-abiding qualified patients to access medical cannabis," said Wayne Williams, a Wildomar activist who has organized lobbying efforts in Lake Elsinore.

"Our only option is to obtain it from illicit markets or use home delivery services that are not regulated or pay taxes and provide no community benefits," he said.

The activists are urging local municipalities to follow the lead of Palm Springs, Los Angeles and a handful of other Southern California cities that have taken steps to balance community concerns against the rights of medical marijuana patients.

Mark Chavez has frequently joined Williams in his lobbying efforts by attending Lake Elsinore council meetings whenever he can. Chavez, a Lake Elsinore resident, said medical marijuana helps ease the pain and other problems associated with a spinal chord injury he suffered during a fall.

Many activists say their position has been bolstered by a report that University of California’s San Diego Center of Medicinal Cannabis Research recently presented to the state Legislature. That study found there is "reasonable evidence that cannabis is a promising treatment" for some pain-related medical conditions.

Medical marijuana activists have also pressed Riverside County Sheriff Stanley Sniff for his take on the distribution issue. Sniff was verbally grilled during a Jan. 20 community forum in Old Town Temecula.

Sniff detailed one of the underlying dilemmas that have stymied medical marijuana distribution. It is still illegal under federal law to possess marijuana, which adds to the quandary that grips local and state law enforcement agencies.

In recent months, however, federal authorities have eased marijuana enforcement efforts in states where medical marijuana laws have been enacted.

"That’s the conflict we’re dealing with," Sniff said.

Collectives are legal in Riverside County, but they must be run as nonprofit operations, Sniff explained.

Yet the activists so far haven’t dented the wall of cities that have repeatedly extended zoning moratoriums that block the distribution of medical marijuana within their boundaries.

Murrieta approved its moratorium five years ago and has repeatedly extended it. Canyon Lake extended its temporary ban for nearly another year on Jan. 6. No pro-marijuana lobbying efforts surfaced during that meeting, according to city records.

A debate ensured between Lake Elsinore marijuana advocates and opponents on Jan. 26. Medical marijuana advocates pressed their case, but a high school senior and a few adult residents countered those views.

The student said she feared allowing a dispensary to open could make it easier for youths to obtain marijuana. The other critic worried that authorizing a dispensary could perpetuate negative drug stereotypes that have shadowed Lake Elsinore for years.

In the end, Elsinore council members voted to extend their city’s zoning moratorium for another year.

But those extensions haven’t dissuaded activists like Donald Lambert, an 80-year-old Murrieta man who says he has never consumed alcohol Advertisement

Mountainview Small Animal Hospital or smoked any substance.

Lambert has spoken twice to the Temecula City Council and once to the Murrieta council over a three-month period that began in November.

He said he was prompted to investigate medical marijuana’s benefits and the laws surrounding its distribution after a San Diego friend who suffers a range of medical problems became snared in legal problems.

"I had no idea it (distribution) was so complicated," Lambert said in a recent telephone interview. "It’s a big can of worms. If you open one can of worms, you find another can of worms."

Lambert said he is focusing his speaking efforts on presenting some of the nuances regarding medical marijuana to the councils. He said he supports measures that would allow cities to authorize medical marijuana distribution centers if they are carefully regulated and kept away from schools and parks.

Temecula council members found themselves being prodded again Tuesday night, when about four audience members spoke out on the issue. Some of the speakers, including Tom Wiggins, represented the Qualified Patients Resource Center at the south end of Old Town.

Wiggins took the podium and reminded the council of his appearance at the last meeting. He talked about how the medical marijuana community needs safe, affordable access to the drug.

"It’s your responsibility to uphold the state constitution," Wiggins said. He read a section of the law that he believed to state the federal government’s inability to trump state law.

The center obtained a city business license to operate as a medical marijuana resource center. The group will provide information to medical marijuana users who want to grow plants for personal use.

In the meantime, Wiggins and other center representatives plan to keep pressing the city to ease its medical marijuana distribution restrictions.

"We’re working to help the city lift their ban, which currently doesn’t let anyone dispense marijuana out of a commercial building," said Wiggins, the center’s patient services director.

"We hope to do that here, but don’t want to get on the city’s bad side so we will wait for the ordinance, abide by it, get this place fire coded, put money into security and do everything we can," he said in an interview.

The group has 150 members, a base that could potentially grow to 1,000 in a year, he said. He’s confident Temecula will eventually allow dispensaries to operate. The center could open its doors in about a month once the moratorium is lifted, he said.

Wiggins hopes that storefront dispensaries or collectives will also eventually be allowed in French Valley and in Murrieta. If permitted, he also sees such businesses selling edible medical marijuana products through a licensed kitchen and chef.

Wiggins said he is willing to work within the systems to clear away misconceptions and other concerns that are currently preventing dispensaries and collectives from operating on a permanent basis.

"We don’t want to be one of those places that opens for six months, makes a bunch of money and gets closed down," Wiggins said. "I see myself here three years from now looking at the beautiful foothills in the distance."

But Temecula officials say they don’t envision any overnight changes, since their ban is not temporary.

"We disagreed with the speakers," Mayor Jeff Comerchero said in an interview after Tuesday’s council session. "They say we’re supposed to draw the line at the state level. Federal law always trumps state law. Federal law creates state law."

City Attorney Peter M. Thorson, said he had no knowledge of what the city was doing about this issue.

Source: The Valley News

NEWS: Walnut Creek marijuana dispensary to be shut down

WALNUT CREEK — Last summer, when Walnut Creek city leaders realized a medical marijuana dispensary had popped up in the city, they tried to weed it out. They ordered it to close. They fined it $500 every day it was open — all to no effect.

Now a judge has ordered the C3 Collective dispensary, at 1291 Oakland Blvd. on downtown's west edge, to shut its doors by March 23.

When C3 opened in August it did so illegally, in violation of Walnut Creek's zoning laws, city leaders said. They say this has not been a campaign against medical marijuana.

"There are numerous other sources of medical marijuana in this county and other nearby counties. ... There are also delivery services that come to Walnut Creek," said Bryan Wenter, assistant city attorney. "Our view is there is no denial of access to medical marijuana. This is a land use matter."

Contra Costa County Superior Court Judge Barry Baskin granted a preliminary injunction Wednesday afternoon to close C3, the city's first nonprofit storefront dispensary. If it does not close, as ordered, it could face contempt-of-court charges.

Dispensary organizers have said in the past they have not violated any laws because medical marijuana is legal in California, and that the city is denying patients their medicine.

In the fall, the city began fining the dispensary $500 a day each day it was found open; the bill stands at $60,000. City attorneys filed a lawsuit in September against C3 and its chief executive officer, Brian Hyman. The preliminary injunction is the first step in getting a permanent injunction, pending the outcome of the lawsuit, with the goal of closing the dispensary for good.

Baskin wrote in his ruling that the city is likely to prevail in its theory that the "operation of a medical marijuana dispensary is not an expressly permitted use under the City of Walnut Creek's zoning code."

Further, Baskin said the dispensary failed "to demonstrate a risk of grave or irreparable harm" in its claims that patients of the collective would be hurt.

Baskin issued his tentative ruling Wednesday granting the injunction. C3 could have challenged the ruling, and the judge would then have heard arguments at a hearing Thursday. But C3 representatives notified Walnut Creek after the required 4 p.m. Wednesday deadline for contesting the ruling. By missing that deadline, Wenter said, the injunction stands.

Neither Hyman nor lawyers for C3 returned calls seeking comment.

A few days ago, C3 leaders posted their thoughts about the city's case against them on the collective's blog. "C3 will not rest until the government of Walnut Creek stands in support of our suffering patients and allows them safe access to the medicine they need," read a statement on the C3 site.

Cities in Southern California have used the courts to shut down dispensaries, Wenter said. Locally, Alameda imposed a moratorium on pot dispensaries after it yanked the business license of a dispensary last year. Alameda leaders said dispensary owners misled them about what type of retail shop they were opening.

Conversely, Berkeley city law allows medical marijuana dispensaries to skirt zoning rules and set up shop anywhere in the city without a public hearing.

Staff writers Peter Hegarty and Doug Oakley contributed to this story.

Source: Mercury News

NEWS: Olympia councilman Hyer charged with three drug felonies

OLYMPIA – Olympia Councilman Joe Hyer told detectives after his arrest “that he did sell marijuana but only to his close friends,” according to court records filed in connection with the three felonies Hyer now faces in Thurston County Superior Court.

The Thurston County Prosecuting Attorney’s Office charged Hyer on Tuesday with two counts of unlawful delivery of a controlled substance and one count of possession of a controlled substance with intent to deliver, each a Class C felony.

All three of Hyer’s counts for allegedly selling marijuana are charged with potential “enhancements” for occurring within 1,000 feet of a school zone. The school zone enhancements could increase Hyer’s jail time if he is convicted.

Hyer, 37, was arrested at his Legion Way home Thursday night by detectives with the Thurston County Narcotics Task Force after a confidential informant wearing a wire purchased marijuana from Hyer twice during controlled buys over the past month, court papers state. Both of the controlled buys took place at Hyer’s home, according to court papers.

The allegation that Hyer might be involved in marijuana was brought to the attention of Thurston County Sheriff Dan Kimball more than a month ago, Kimball has said. Kimball refused to talk about the informant Tuesday, or say whether the informant is the same person who wore a wire and allegedly purchased marijuana from Hyer.

Hyer, who has no prior criminal record, faces a standard range of a zero- to six-month jail sentence for each count if convicted, plus a possible two-year school zone enhancement for each count. Prosecutors said Tuesday that it is likely that if Hyer was convicted of more than one count, any jail or prison term would run concurrent as opposed to consecutive. That means the potential jail time for Hyer will likely not accumulate if he is convicted of more than one count, and, in a worst-case scenario for Hyer, he would likely face a maximum two-year sentence.

Hyer’s attorney, Ken Valz, said Tuesday that the Thurston County prosecuting attorney has overcharged the case.

“It looks like the prosecutor’s office is going after a gnat with a baseball bat,” Valz said. “Hopefully the facts will come out over the next two weeks so that the public can judge whether or not this is a proper approach by law enforcement.”

Valz also declined to discuss the identity of the undercover informant.

Hyer’s arraignment is scheduled for March 9 in Thurston County Superior Court.

According to court papers filed Tuesday:

The informant told narcotics detectives that “he/she had the ability to purchase marijuana from Mr. Hyer.” Detectives listened in as Hyer named a price for the marijuana over the phone with the informant Feb. 4.

The informant went to Hyer’s home wearing a wire used to record their conversation, and purchased the prearranged amount of marijuana from him.

On Feb. 11, the informant called Hyer again to arrange for another marijuana purchase. “Mr. Hyer inquired if the informant wanted the same amount of marijuana, or if the informant wanted to double the previous amount.”

As detectives conducted surveillance in the area of Hyer’s home, they thought they saw him smoking marijuana on his front porch.

When detectives arrested Hyer at his home Thursday night, detectives found 10 bags of marijuana and a marijuana plant. Hyer said he was trying to grow marijuana at his home but was unsuccessful, and only one plant had survived.

“Detectives also located $320 in U.S. currency in a container with some of the pre-packaged marijuana. Detectives later determined that one of the $20 bills located was a pre-recorded bill used by the informant to purchase marijuana.”

Detectives also found a digital scale in the home.

After being read his Miranda rights, Hyer spoke to detectives, stating he only sold marijuana to close friends. He said that received money in exchange for the marijuana.

A man staying at the home also was interviewed by detectives, but deputy prosecuting attorney Scott Jackson said Tuesday that the young man is not a suspect in the case and that no charges are expected to be filed against him. The man told detectives he had lived at the home for about one month, and he received free room and board “for cleaning the house and doing chores around the residence for Joseph Hyer and his partner.”

The man said he was aware Hyer sold marijuana to close friends, but “declined to give a statement because he did not want Mr. Hyer to get in any additional trouble.”

Hyer’s home on Legion Way is within 1,000 feet of two schools, Avanti High School and Madison Elementary School.

During an interview at the courthouse Tuesday, Jackson said he will never reveal the identity of the individual who initially contacted the Sheriff’s Office with the information that Hyer was involved with marijuana. As for the confidential informant who allegedly purchased marijuana from Hyer, Jackson said that if Hyer’s case goes to trial, the informant would be named as a witness in court records, and he or she would have to appear in court and give a name in order to testify.

Jackson, who was in a trial all day Tuesday, said outside court that he did not have at hand a specific total weight of the amount of marijuana seized from Hyer’s home, or allegedly purchased by the confidential informant. But Jackson said the weight of the marijuana in question does not affect Hyer’s charges, because the charges of selling or intending to sell marijuana are Class C felonies regardless of the quantity.

Hyer co-owns two downtown Olympia businesses, The Alpine Experience and Olympic Outfitters, both outdoors sporting goods stores. Before his recent criminal case, Hyer had been the top choice of the Thurston County Democrats’ executive committee for county treasurer. He has served as an Olympia city councilman since 2004.

According to Hyer’s Web site for election to the Olympia City Council, he is a 1991 graduate of Tumwater High School and a 1994 graduate of Pacific University in Oregon. He worked for nine summers as a summer camp staff member for the Boy Scouts, according to the Web site.

Hyer posted bail from the Thurston County Jail on Thursday night after his arrest. On Friday, he announced that he was taking a leave of absence from the City Council.

Valz said on Tuesday that Hyer is doing OK, given his circumstances.

“Joe seems to be keeping himself together,” Valz said. “He’s a nice guy, and a lot of people are wishing him the best.”

Source: The Olympian

Wednesday, February 24, 2010

NEWS: Mountain View to ban medical marijuana — for now

No medical marijuana dispensaries will be allowed in Mountain View, at least not until April 18 of next year.

At their meeting Tuesday night, Mountain View City Council members voted to ban pot clubs for now, but they made it clear they intend to eventually allow them after city officials develop some restrictions.

"There is an interest in making this available — medical marijuana — for those that need it, absolutely," Council Member Laura Macias said. "We just want to make it safe and affordable."
The council cast its 4-2 vote to introduce an ordinance banning dispensaries at a packed, sometimes standing-room-only meeting that also included a discussion of proposed city budget cuts. Council Member Mike Kasperzak was absent.

Like other local cities including Los Altos, San Carlos and Redwood City, Mountain View officials decided to take up the issue of medical marijuana because there has been more interest in opening dispensaries since federal authorities announced they would stop prosecutions in states where medical marijuana is legal, such as California.

City officials proposed an "interim urgency ordinance" earlier this month that would have immediately but temporarily banned medical marijuana dispensaries, but it needed six votes to pass and failed by a 5-2 vote. Though the regular ordinance passed Tuesday will take longer to go into effect because it needs to be formally adopted — scheduled for March 9 — it only needed four votes to pass instead of six.

And in essence the ordinance is temporary because of a provision automatically ending it on April 18, 2011. This June, council members plan to begin discussing the specifics of a policy to allow dispensaries.

"We're looking at maybe a year, maximum, but the intent is that we want to see where (a medical marijuana dispensary) could potentially work in Mountain View," Council Member Margaret Abe-Koga said.

Several medical marijuana advocates spoke at Tuesday's meeting, trying to discourage the city from passing any ban. Many speakers reiterated that 64 percent of voters in Santa Clara County passed a law legalizing medical marijuana in 1996.

"We're dealing with sick people here who are suffering," said Lauren Vazquez, director of the Silicon Valley chapter of Americans for Safe Access. "Our chapter, we're not going to go away. The more you drag this on, the more we have to come out here and take up your time and ours."
Council Members John Inks and Tom Means voted against the ban. Inks said the city should "leave some hope that we're really serious about this now. Because otherwise this is something that can easily just be shelved, and I can see that happening."

Means tried but failed to convince his colleagues that medical marijuana clubs should not be taxed when eventually allowed to operate.

On Wednesday, Mountain View resident Brian David, who wants to open a medical marijuana collective in Mountain View called the Shoreline Wellness Collective, said he hopes the city can develop a regulatory ordinance as early as this summer.

"From what I gathered," he added, the council discussion "was pretty much in our favor. They did ban them, but it's only a temporary ban and they want to honestly look into it."

Earlier in the meeting, residents and city employees packed the council chambers and overflowed into the hall outside for a discussion of Mountain View's 2010-11 budget. The city plans to cut about $2 million, raise $1 million in new revenue and limit employee compensation costs to save $1 million. Those measures would help the city dent a projected $5 million budget deficit in its approximately $132 million general fund.

Last week, City Manager Kevin Duggan released a list of potential cost-saving measures, from reducing library use by six to eight hours per week, to cutting as much as $1.4 million from the police department. About 37 city staff positions could be cut, including about 24 currently filled spots, Duggan said.

"These are difficult reductions," Duggan said Tuesday. "These are not good things to do."
People representing different groups — from Deer Hollow Farm to public safety — came to the meeting to lobby for their respective causes.

"I'd like to hear what you don't like, what you would cut," Means said. "Because we're going to have to cut something."

More information about the budget is available on the city's Web site, www.mountainview.gov.

Source: Mercury News

VIDEO: Long Beach Mayor, Bob Foster, on the cultivation of medical marijuana within city limits


Long Beach City Council Meeting. Medical marijuana ordinance discussions with Bob foster and members of law enforcement. February 16, 2010.

Share

NEWS: LA cracks down on 21 marijuana dispensaries

LOS ANGELES -- Los Angeles authorities have gone after 21 medical marijuana dispensaries, arresting one owner and filing lawsuits and eviction orders against outlets.

The actions Thursday involved alleged violations of state and federal marijuana laws.

Assistant City Attorney Asha Greenberg says prosecutors acted on complaints from residents and weren't targeting the medical marijuana business as a whole.

Prosecutors filed lawsuits against three dispensaries and sent eviction notices to business and property owners involving 18 others. The allegations range from improper marijuana sales to labeling violations.

Source: Associated Press

Share


Americans for Safe Access

NEWS: Council takes more time on medical marijuana regulations - Debate rages on storefront model

by Eric Lindberg

Inching ever closer to a final decision on how to tackle the convoluted issue of medical marijuana, Santa Barbara city leaders decided yesterday to spend two more months hashing out changes to local laws that regulate storefront pot collectives.

While in general agreement on more detailed aspects of the city’s regulations, such as a citywide cap of five total dispensaries, the council remained split on how to address the broader problem of crafting a definition of a storefront collective that conforms with somewhat vague state law.

“What we are talking about as a city council is not the legalization of marijuana, it’s not the prohibition of marijuana, it’s not the medical efficacy of marijuana,” said Councilmember Dale Francisco. “It’s about coming up with a solution that the state has not provided.”

The ordinance committee will delve into the complicated task of defining exactly what an ideal nonprofit storefront collective would look like and how it would operate during a series of hearings in the next two months, after which the full council will revisit the issue.

Otherwise, city leaders appear to be in consensus on several new regulations that would cut the citywide cap to five dispensaries, possibly eliminate the Mesa as a site for storefront collectives, and set buffer zones around major alcohol and drug recovery facilities.

Yesterday’s decision to kick the issue back to the ordinance committee for further fine-tuning came after hours of public testimony and a laborious back-and-forth discussion between the members of the council.

More than 60 speakers turned in a request to address the council — some urging city leaders to provide safe access to medical marijuana for legitimate patients, others demanding the council protect the community’s children from exposure to the drug.

Councilmember Das Williams pressed his colleagues to move forward yesterday evening with a set of detailed changes before tackling the larger issue of defining a nonprofit storefront. He specifically advocated for one alteration that would cut down the length of time afforded to non-conforming dispensaries before they would have to close.

“It’s crazy that people are emailing me to say we want less of these in town, so vote against the regulations that would make sure there are less of these in town,” he said.

Williams also responded to calls for an outright ban on dispensaries, noting that state law allows for collectives to operate without regulation in any home or backyard.

“If we propagate a ban on storefront collectives, then what we will have instead is neighborhood-based collectives, also known as delivery services,” he said.

But others on the council opposed moving forward on any new regulations yesterday, arguing that making changes to the ordinance before addressing the central question of how to define a collective wouldn’t make sense.

“You don’t want to build a house on a shaky foundation, and this is a shaky foundation,” Councilmember Frank Hotchkiss said.

Francisco said state law, while somewhat ambiguous, defines an appropriate system of distributing medical marijuana — specifically a nonprofit model of patients and caregivers who cultivate marijuana for their own use.

“What appears to be contemplated in the Compassionate Use Act is a very limited model that is specifically designed not to attract profit-making, not to attract entrepreneurs,” he said.

City officials have been grappling with how best to regulate the burgeoning medical marijuana industry in Santa Barbara since August 2007, when residents of a Westside neighborhood complained about a troublesome dispensary.

After putting an initial set of regulations in place, the city started receiving applications for new pot shops in mid-2008. The issue quickly became a topic for public scrutiny and debate.

“Ever since, there’s been quite a bit of public controversy about these dispensaries,” said Danny Kato, a senior city planner who has been overseeing the process of developing new regulations.

After months of lengthy committee hearings, city leaders had drafted a handful of changes, including a citywide cap and new locational requirements, along with a shortened time period for nonconforming shops to adhere to city laws or close.

In the meantime, local police led several crackdown efforts on illegal dispensaries determined to be operating outside of state law.

On January 7, officers arrested six people at a dispensary on Bond Avenue. Later that month, authorities made two arrests following a fire at a De la Vina Street apartment where residents had been attempting to convert marijuana leaves into concentrated oil.

In early February, officers stopped a vehicle and found 20 pounds of marijuana in the trunk. That investigation led local authorities to raid four dispensaries on the South Coast, including two in the city of Santa Barbara, several weeks later.

“The bottom line is profit,” Capt. Armando Martel said. “Are they buying this product? Are they selling it to make a profit?”

If so, they are presumably in violation of Proposition 215, also known as the Compassionate Use Act.

Drafting ordinance language to ensure that storefront collectives operating in Santa Barbara meet those state standards promises to be a tricky process, but City Attorney Steve Wiley said part of the job is already done.

The city of Los Angeles recently approved an ordinance of its own after grappling with that very question, and Wiley said he plans to borrow appropriate sections from that legislation as local leaders try to formulate their own definition in the coming months.

Source: Daily Sound

Share

TheCannabisChef.com - The Art and Science of Cooking with Cannabis (Medicinal Marijuana)

NEWS & VIDEO: Recently at Reason.tv: Pot Wars—Battlefield California



Over the past couple of years, the medical marijuana industry in Los Angeles has exploded. Estimates vary, but there may be as many as 800 dispensaries currently open for business in the city of angels. An ordinance recently passed by the LA city council, however, is about to change all that.

The new ordinance will force hundreds of dispensaries to close and all but a few to relocate. The goal was to bring clarity to the medical marijuana industry, but the only thing that's clear is that the transition process will be difficult. Especially now that the DEA has begun raiding dispensaries again despite the promises made by the Obama administration.

While federal, state and local governments struggle to make sense of medical marijuana laws, an increasing number of Californians support a completely different approach: marijuana legalization. Nothing more than a pipe dream? Maybe. But consider this: Fixty-six percent of Californians currently support pot legalization, the same proportion of Californians who voted for the Compassionate Use Act, which legalized medical marijuana, back in 1996.

Produced by Paul Feine. Shot and edited by Alex Manning. Graphics by Hawk Jensen. Hosted by Nick Gillespie.

Approximately 9 minutes.

Source: Reason.tv

NEWS: Medical marijuana advocates ask L.A. prosecutor to drop lawsuits

Americans for Safe Access says City Atty. Carmen Trutanich is misreading California law and court decisions, but he has not budged on his legal assault over sales at dispensaries.

The nation's main advocacy group for medical marijuana threatened Tuesday to challenge Los Angeles City Atty. Carmen Trutanich's legal assault on dispensaries, saying it is "unlawful, unconstitutional, and contravenes the spirit and letter of the governing laws."

The city prosecutor's office filed three lawsuits last week seeking court injunctions to force Organica in the Venice area and two Holistic Caregivers stores in South Los Angeles to stop all sales. Trutanich maintains that state law authorizes collectives only to grow marijuana and recover their actual costs, not to sell it.

Americans for Safe Access, which advocates for the use of medical marijuana and has defended dispensaries in court, has tried repeatedly to persuade the city prosecutor that he is misreading the law and recent court decisions, but he has not budged.

The organization's chief counsel, Joseph D. Elford, sent letters to Trutanich and Los Angeles County Dist. Atty. Steve Cooley, who shares Trutanich's view, saying the advocacy group would join the lawsuits unless they are withdrawn.

"We want to let Trutanich and Cooley know we're not just going to sit this one out," he said.

The organization's decision increases the likelihood that Los Angeles, the ground zero of the state's dizzying dispensary boom, also will become the center of litigation that clarifies murky issues.

Voters passed the state's medical marijuana initiative in 1996 and the Legislature adopted a law to expand access in 2003, but the courts still have not ruled directly on whether collectives can sell marijuana to their members.

William W. Carter, the chief deputy city attorney, said he had not seen the letter.

"I've read their press release, and I am not impressed," he said. "We obviously don't agree with their position. We are enforcing the existing local and state laws just as we've been doing for a long time."

Carter said the city attorney's office had no intention of withdrawing the lawsuits, noting that it has already won an injunction barring one dispensary from selling marijuana in a similar case and is confident in its legal position.

Trutanich and Cooley have pressed cases that could force the courts to weigh in. Trutanich sued Hemp Factory V, an Eagle Rock dispensary, and his lawyers persuaded a Superior Court judge to take their side. Elford said he learned about the case too late to intervene before the decision.

Cooley's office has filed felony charges against dispensary operators, saying their sales violate state laws.

On Monday, prosecutors charged Jeff Joseph, the operator of Organica, with 24 felonies.

Elford also accused the two prosecutors of taking preemptive action before the city's medical marijuana ordinance takes effect. "They fought us tooth and nail with the City Council," he said. "They're not happy with the result."

Trutanich and Cooley had pressed the council to explicitly ban sales, but lawmakers rebuffed them.

Pointing out that the city attorney's office filed its lawsuit against Hemp Factory V months before the council approved the ordinance, Carter dismissed Elford's contention, saying, "We were fully engaged."

Source: LA Times

Share


Americans for Safe Access

Tuesday, February 23, 2010

VIDEO: LB Councilmember Tonia Reyes Uranga on Medical Marijuana Cultivation in Long Beach Ordinance







Share

TheCannabisChef.com - The Art and Science of Cooking with Cannabis (Medicinal Marijuana)

NEWS: Proceeding, With Caution: Seniors increasingly, though not entirely, comfortable using medical cannabis

It’s probably hard for some people to believe, but by Thanksgiving, medical cannabis could be legalized in California. That’s assuming Oakland advocates have indeed obtained enough signatures to put a measure legalizing it on the Nov. 2 ballot – and assuming that voters agree. But already, some longtime political observers are wondering whether 2010 could be the year.

“Two years ago you couldn’t have done this,” says Aaron Smith, director of the Marijuana Policy Project, the largest marijuana policy reform organization in the country. “It’s a combination of everything. A perfect storm of events occurred last year, beginning with Michael Phelps – the bong hit seen around the world; the economy is
in ruins at a time when marijuana arrests are at an all-time high. I think all these things together have really made people consider whether they want to continue this nonsense.”

Not everyone thinks it’s nonsense, however. Los Angeles City Council recently passed a medical cannabis ordinance that restricts dispensaries from operating nearer than 1,000 feet from schools, libraries, parks, or other dispensaries. Smaller cities, like Long Beach, immediately to the south, are fidgeting with their own ordinances. And, in late January, a Los Angeles County Superior Court judge ruled that a dispensary in Eagle Rock had to stop selling medical cannabis – a decision city prosecutors immediately said was most likely the first to find that state law does not give collectives the right to sell medical cannabis.

Yet even as local authorities try to narrowly define our access to medical cannabis, many of our cultural attitudes toward it have broadened, and become perhaps more progressive than our media – and other societal institutions – realize. This is even true among seniors, and especially true among ailing seniors, the segment of our population which uses it, and probably needs it most – despite the fact that some of them are old enough to have seen “Reefer Madness” in its original release.

“I don’t think people are ashamed about using it; I think they’re worried about the repercussions,” says Jackie, an employee at Woodland Hills Treatment Center in Woodland Hills. (Full disclosure: W.H.T.C. is an advertiser in The 420 Times.) Case in point: Jackie – who has another, full-time career – asks that her last name not be used, to avoid jeopardizing her other job.

Open just more than three years, W.H.T.C. – under new management this year – fits the profile for hundreds of similar concerns across the state, whose owners are reinventing the traditional image of the medical cannabis outlet, and in the process are gaining seniors as patients.

Like the census, statistics on senior use of medical cannabis are in dire need of updating; but Chris Hermes, spokesman for advocacy group Americans for Safe Access, refers a reporter to a December 2004 study by the American Association of Retired Persons which found that 72 percent of those surveyed who were ages 45 and older thought that adults should be allowed to “use marijuana for medical purposes” if it were recommended by a physician.

The same study also found that 59 percent of everyone the AARP surveyed – not just seniors – believed marijuana has medical benefits; and 55 percent of those surveyed said they would provide it to “a suffering loved one.”

“What I’m surprised about is how many women in their 60s come in, because you would think there’s still a taboo associated with it,” Jackie says. “They look like the grandmas you see walking around Gelson’s and taking care of their grandkids.”

Using cannabis may no longer be quite the taboo it once was, but Jackie admits that seniors are cautious about using it medically – even though, for some of them, it has meant the difference between life and death.

“I still don’t think it’s something that the 63-year-old grandmother talks about,” Jackie says. “Maybe she’s not ashamed of it, but she’s not going around saying ‘This is how I treat it.’ I think in time that will lower, because I
think right now, it’s looked at as a drug where you smoke it or consume it, and you get the giggles.”

However slight the shift, perceptions of medical cannabis are changing, and 84-yearold cannabis user John Donohue of Long Beach is thankful he’s here to see it. “I was out in a rainstorm and I jumped over a puddle, and I fell over and hit my knee. I go to the Veteran’s Administration for my doctor, and I had arthroscopic surgery,” says Donohue, a World War II veteran who credits medical cannabis with reducing the pain in his knee
following surgery – and eliminating his stress.

“One thing I am absolutely certain of is that it’s a substance that reduces your stress, and a great cause of a lot of illnesses now is stress,” Donohue says. “That’s my claim – that it has helped my stress. People still refuse to believe it is what it is. I want to get bumper stickers that say ‘Show Me the Crime.’ ”

Not everyone is so vocal. One W.H.T.C. client, a Los Angeles resident and cancer survivor named Dora, is 67, and had never used cannabis – medically or otherwise – until two years ago, when she found herself nauseous and unable to eat during chemotherapy.

“I never used drugs in my life. For me, this is strictly a medical treatment,” says Dora, who underwent a double mastectomy. She declined to use her last name because she is not entirely comfortable with others knowing she has brewed medical cannabis into tea, and eaten it in pastries.

“I couldn’t get up from the bed. This makes me feel much better – I have appetite again,” Dora says. “When you have a little bit of help, it’s good. I feel much better doing this than with [using] prescription drugs. I don’t know if I’m part of something big or not. I think people who go through a lot of pain. they have to consider [medical cannabis].”

In Orange County – traditionally considered one of Southern California’s most conservative regions – many people are doing just that. At Laguna Woods Village, a gated retirement community that is part of the city of Laguna Woods, ailing residents formed their own collective last summer. More than a hundred residents regularly attend meetings to discuss everything from medical cannabis’s benefits, to the ever-changing laws that govern it, to cultivation tips.

“The average age of our resident is 78, so the city council believes that here we probably do have people here with end-of-life illnesses,” says Laguna Woods City Manager Leslie Keane. “They came right out and said, ‘We want to do this if this is something our residents want.’ ”

Residents do; Laguna Woods resident Barbara Reinig, who attended a recent collective meeting with husband Ed–and with their son–said pointedly that medical cannabis has changed her life for the better.

“You write that I’ve tried everything else in the world, and nothing else works but the brownies,” says Reinig, who suffers from crippling arthritis, and found that epidural injections were ineffective and soon wore off. One of the most difficult issues to resolve before she used medical cannabis, Reinig says, was telling her son:

“When my son was 16 in the ’60s, we gave him the lecture about it leading to other [drug use],” Reinig says. Then when she told him she was using it – “We laughed for an hour,” she says. “I couldn’t get him to stop.”

And even with her son’s blessing, Reinig – like other Laguna Woods residents; and, one suspects, seniors across California – was careful to go through the proper channels to obtain medical cannabis.

“We’ve all got the letter of recommendation from the doctor, so it’s all legal,” she says. “We wouldn’t want to set a bad example for our kids.”

- Theo Douglas

Source: 420 Times

NEWS: Chico pot grower heads back to prison

Bryan James Epis, the first person associated with a California cannabis buyers' club to be tried in federal court for growing pot, was ordered back to prison Monday by a Sacramento judge to serve the balance of a 10-year term.

Epis, 42, had been free for nearly six years on an order issued by the 9th U.S. Circuit Court of Appeals after he had served more than two years of the term for growing and conspiring to grow marijuana.

The case, now nearly 13 years old (case info), remains a rallying point for medical marijuana proponents nationwide, who view it as the ultimate injustice to come from the chasm between the state's allowance for medicinal use and a federal policy of zero tolerance.

In July 2002, a Sacramento jury found Epis planned to grow at least 1,000 plants and that he grew at least 100 plants in the spring of 1997 at his Chico residence. The fact the house is within 1,000 feet of Chico Senior High School is one reason Epis is not eligible for a term less than the 10-year mandatory minimum attached to the 1,000-plant conviction.

Among the things that made the trial memorable were the contrasting styles of defense lawyer J. Tony Serra, with his trademark passion and florid prose, and prosecutor Samuel Wong, aloof and mostly dispassionate. Wong's cool demeanor cracks, however, when the Epis prosecution is referred to as a medical marijuana case.

His voice rising, Wong said during Monday's hearing, "As the court knows, this is not a medical marijuana case. That term doesn't ever apply to cases of this scope. Mr. Bryan Epis grew and distributed large amounts of marijuana even before the law changed in California."

Epis testified that he started using marijuana in his teens to manage chronic pain from a near-fatal car accident. He testified that he started the growing operation after California voters in 1996 approved Proposition 215, the so-called Compassionate Use Act allowing medicinal use with a doctor's recommendation.

He testified that he and four others with doctors' recommendations were growing pot in his basement for their personal use. Any leftovers were given to a Chico cannabis buyers' club, he said.

Wong argued that Epis' "goal was to go statewide and use Proposition 215 as a shield to manufacture and traffic marijuana" on a large scale. Epis was motivated by profit, not altruism, Wong said.

The 9th Circuit decided in 2004 that Epis should not be in prison while the U.S. Supreme Court was considering another case from California involving medical marijuana. A split high court ruled in that case in 2005 that medical use under state law is trumped by the federal Controlled Substances Act.

The landmark case was brought by Angel McClary Raich, then of Oakland, and Diane Monson of Butte County, and challenged the power of Congress to prohibit personal use of non-commercial pot under the guise of regulating interstate commerce.

"My heart is breaking that Bryan is back in prison," Raich, who now lives in Orinda, said in a telephone interview. "He's such a good guy, and he was trying to do the honorable thing by helping sick people."

Epis was re-sentenced to 10 years in 2007, but remained free on $500,000 bail pending the exhaustion of issues raised in his appeal. The 9th Circuit decided those issues in the government's favor on Aug. 11, the Supreme Court declined to review that ruling, and the circuit then issued its mandate to the court in Sacramento on Jan. 26.

Defense attorney John Balazs asked at Monday's hearing that Epis be given a surrender date so they could explore further legal means of attacking the conviction and sentence. But U.S. District Judge Frank C. Damrell Jr. rejected the notion.

"It's over, Mr. Epis," the judge told him, and he was escorted to a holding cell by deputy U.S. marshals while his girlfriend and her daughter quietly wept.

Source: The Sacramento Bee

NEWS: L.A. County charges medical marijuana distributor with 24 felonies

Bail is set at $520,000 for Jeff Joseph, owner of a popular Venice-area dispensary. His attorney says the prosecution is politically motivated and disputes the D.A.'s claim that state law bans sales.

More than four months ago, Los Angeles County Dist. Atty. Steve Cooley warned that state law does not allow dispensaries to sell medical marijuana and zeroed in on Organica, a popular Venice-area outlet, as one possible target.

On Monday, Cooley delivered on that promise.

Jeff Joseph, Organica's operator, was charged with 24 felonies, including selling, transporting and possessing marijuana, and a court commissioner set bail at $520,000, more than five times the amount his lawyer requested. Joseph pleaded not guilty.

Calling the bail "outrageous," attorney Eric Shevin said the prosecution was "politically driven" in response to community pressure to shut down hundreds of dispensaries that have spread throughout Los Angeles. "So they use a very high-profile individual, unfortunately in this case, Mr. Joseph, to basically stand up for everybody," he said.

Joseph Esposito, who heads the district attorney's major narcotics division, said Organica's operator was not singled out. "There have been dozens of cases that the office has filed," he said. "We're going to evaluate every case differently."

Joseph's case, which was intensely investigated by police and federal agents, has the potential to test whether state law permits dispensaries to sell marijuana.

Cooley and Los Angeles City Atty. Carmen Trutanich insist that state law allows collectives to grow marijuana and recoup their costs but not sell it over the counter, a practice that is widespread. Both have sought to pursue cases that could force the courts to settle the debate.

Trutanich won an early round in a lawsuit against an Eagle Rock dispensary. A Superior Court judge ordered it to halt sales. Last week, the city attorney filed a similar lawsuit against Joseph and Organica.

In court Monday, prosecutor John Harlan said Organica was "an illegal drug-dealing operation" that sometimes made more than $100,000 profit in a month.

"He is an ongoing threat to the community," Harlan said.

Shevin acknowledged that the facts in the case are "essentially undisputed," but challenged the district attorney's position that medical marijuana sales are illegal. "It's just in contradiction to the law in this area," he said.

Joseph has been a target of law enforcement for two years. Undercover investigators have made repeated buys and his dispensary has been raided three times, most recently on Thursday, when he was arrested.

He closed his dispensary after the second raid, but said he reopened to try to comply with the city's medical marijuana ordinance. That law, which has not taken effect, will allow dispensaries that registered with the city in 2007, as Organica did, to remain open if they are still in operation.

"They felt that Jeff snubbed the nose of the district attorney," Shevin said.

After Los Angeles County Superior Court Commissioner Donald Kennedy set bail, Shevin held an impromptu news conference surrounded by Joseph's supporters and his tearful mother and sister.

"Medical marijuana, when you are an authorized dispensary, should be a mitigating factor that reduces the seriousness of the crime," he said, "not used to aggravate bail and improperly stack bail for the only purpose of leaving Mr. Joseph in custody and trying to muscle a plea from him."

Joseph's sister, Vikki, said he did not have the money for bail. Supporters said they would raise it.

"How about George Soros?" Shevin suggested.

Soros, a billionaire investor, was one of the main financial backers of the medical marijuana initiative.

Source: Los Angeles Times

Monday, February 22, 2010

Position on pot is a bit hazy

When President Obama nominated Michele Leonhart to head the Drug Enforcement Administration last month, those hoping for a sensible federal policy regarding medical marijuana -- one that promotes scientific research into its medicinal value and eschews prosecution when it is used in accordance with local laws -- shivered.

As special agent in charge of the Los Angeles Field Division, Leonhart zealously cracked down on dispensaries (though, it could be argued, that was during the Clinton and Bush years, and she was adhering to White House policy). Then, in 2008, as acting head of the DEA, she denied the application of a University of Massachusetts botanist to cultivate marijuana for research purposes (though that too was in line with the Bush administration's anti-science stance).

So what are we to expect now if she is confirmed by the Senate? Hard to say. Since Obama's swearing in, it has been unclear whether the DEA -- which Leonhart has been running as acting administrator since November 2007 -- is willing to abide by his administration's verbal and written policy of not pursuing medical marijuana operations that do not violate their state's laws.

On Obama's second day in office, the agency raided a dispensary in South Lake Tahoe. Two weeks later, five clubs in Los Angeles were raided, prompting a rebuke from the White House. A few days later, the DEA raided a club in Fort Bragg, Calif. That prompted a speech from U.S. Atty. Gen. Eric H. Holder Jr. suggesting that federal resources shouldn't be focused on medical marijuana. In August, the agency raided more California clubs, and on Sept. 9, it moved against 20 in San Diego. Finally, in October, Holder put his directive in writing.

Nevertheless, last week the DEA in Denver raided a grower after he -- rather imprudently, it must be said -- went on TV to discuss his basement operation. In a jailhouse interview with local media, Chris Bartkowicz, who has a state license, defended his operation and said he believed federal agents would not target it after the Holder order.

After initially replying that marijuana is illegal and that they will raid whomever they please, the Denver agents now say Bartkowicz has more plants than state law permits. He says he doesn't. A judge will decide.

The confusion can be resolved only by Washington. Fourteen states currently have medical marijuana laws, and more are likely to adopt them, multiplying the legal disarray exponentially. Ideally, a coherent policy would flow from the director of the DEA and out to regional offices. But that may not be possible; it's not entirely clear that Leonhart ever received Holder's memo.

Source: Los Angeles Times

NEWS: Owner of LA pot club charged with money laundering

LOS ANGELES—The owner of a Los Angeles medical marijuana dispensary has been charged with money laundering and illegal pot sales stemming from his arrest last week.

Jeffrey Joseph faces 24 counts in a criminal complaint filed Monday. Bail had initially been set at $350,000. It wasn't immediately known if he had retained an attorney. He was expected to appear in court Monday.

Joseph ran Organica, a pot clinic that has been targeted by repeated police investigations. Authorities say people associated with Organica passed out flyers advertising the dispensary near a high school last year and some students apparently purchased from the outlet.

While pot remains illegal under federal law, California allows pot for medicinal use.

The city attorney's office filed a lawsuit against Organica last week.

Source: The Associated Press

HempCon 2010: Medical Marijuana Media’s experience

by Cheryl Aichele

Cheryl Aichele and Doc Herbalist of MJDispensaries.comI’m totally exhausted and worn out and it a lot of discomfort right now but I really enjoyed the HempCon.

I was able to speak early afternoon Saturday as a part of a women’s series. I spoke directly after Stephanie Landa, who spoke directly after Victoria Zavala, who spoke directly after Amanda Rain. Talk about talented medical cannabis patients who happen to be women. These are my heroes in this movement.

 Read the rest »