California
California High Court Ruling: DEA Breaking The Law By Raiding Legal Dispensaries
Better late than never: Signaling a significant victory for patients and dispensaries participating in state sanctioned medical marijuana programs, a federal Judge ruled on Monday the DEA must back-off raiding and shutting down medical marijuana collectives legally operating under California’s Prop 215, first passed in 1996.
Charles Breyer, U.S. District Judge (Photo Courtesy of SFGate Blog)
Starting the week off on a high note, Charles Breyer, a U.S. District Judge from Northern California, admonished the DEA with a ruling critical of the agency for its systematical harassment of the medical marijuana community. Citing last year’s Rohrabacher-Farr amendment, Judge Breyer noted it prevents the use of any government funds from being utilized for such actions.
Representing the first ruling of its kind by a federal judge, this decision safeguards all state marijuana laws. Preventing the DOJ (Department of Justice) from spending any of our tax dollars to bust legal dispensaries or MMJ patients in any of the 23 states that have voter approved medical marijuana programs.
According to Time.com:
” Judge Charles Breyer of the U.S. district court in northern California disagreed with the DEA memo, writing in his decision that the department’s interpretation of the law “defies language and logic” and is “at odds with fundamental notions of the rule of law.” Instead, the court sided with the dispensaries, saying the department could not interfere with medical marijuana providers operating legally under state regulations.”
MAMM vs USDOJ – Charles R. Breyer ruling to lift injunction
Lynette Shaw, owner of Fairfax’s Marin Alliance for Medical Marijuana (Photo Courtesy of MarinIJ)
The recent ruling involves the case of Lynette Shaw, owner of Fairfax’s Marin Alliance for Medical Marijuana. Shaw was originally forced to close her shop four years ago after the Department of Justice decided to make an example of her –– issuing a federal cease and desist order against her dispensary.
While the feds claim they were dazed and confused over the Rohrabacher-Farr amendment, not sure whether it was meant to stop the DOJ from spending taxpayer cash to crush marijuana related businesses and prosecute patients in medical marijuana states – or simply cut off any federal funding that would discourage states from legalizing medical marijuana.
Attempting to justify their position earlier this year, the Justice Department told The LA Times the Rohrabacher-Farr amendment only stops the feds from “Impeding the ability of states to carry out their medical marijuana laws,” leaving individuals within the medical marijuana community open to prosecution.
Thanks to Judge Breyer’s recent moral epiphany – – and clarifying that congressional law “forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with state California law” – – the Justice Department may find themselves strapped for cash during their next attempt at circumventing state law and ignoring an individuals civil liberties.
(Main Photo Courtesy of the Huffington Post)
Ringing in 2012
Everyone knows 2012 can represent intense as well as harmful frat boy like hanging out. It also signifies a new beginning and new hope. Usually at this time around of the year we at marijuana.internet are wishing individuals who require relief will find it which the legal landscape gets to be more friendly to patients. Patients continue to be battling, and there’s a lot of legal work left to become done, however, 2013 observed historic change. Colorado and Washington organized their plans for leisure marijuana programs. Other states (Illinois and Nh) passed laws and regulations enabling medicinal marijuana while Nj broadened it’s medicinal marijuana program. The quantity of states which have passed medical cannabis laws and regulations can be twenty (+Washington D.C.). An area of interest this season was the look that Washington condition may abandon it’s medicinal marijuana program, potentially costing patients lots of money in taxes to gain access to relief.
We’re hopeful that 2014 is a landmark year for marijuana reform. California, amongst others, could also join their email list of legal medical states in 2014 and also the Marijuana Policy Project is hopeful about their “28 by 2014” initiative. As this information is being written, farmers and shops are preparing for legal leisure marijuana sales that’ll be legal in only hrs once we welcome in 2012. Voters both in Colorado and Washington legalized leisure marijuana in November of 2012 but establishing the regulating framework has taken considerable time, debate, and energy.
Marijuana Industry News October 25, 2013
Marijuana Breathalyzer May Come to California with Legalization…
One of the largest obstacles in governing the legal recreational marijuana industries is being able to assess a driver’s impairment. Tests for alcohol and drunk driving have become reliable and acceptable. Setting a blood alcohol limit of .1 or .08 is straight forward. Determining acceptable marijuana levels has not been as easy. California authorities and law makers are looking into having a similar test put into place. However deciding on where to set the legal levels may prove difficult. When asked about hard limits set in Washington state, Gabriel Reeves, the executive Chef at the Elemental Wellness Center in San Jose recently told NBC don’t feel that that sort of a limit has been established as scientifically accurate or something that would able to be standardized across the medical cannabis industry for each patient. Because each patient, each patient’s needs, vary with the amount of milligrams of THC that they need to alleviate their symptoms.”
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Support for Legalizing Marijuana Rising Quickly to all Time High…
American’s support for legalizing marijuana has been rising steadily over the past few years. Washington and Colorado provided evidence if this, but until recently, most polls showed just over 50% of Americans were in support with higher numbers backing decriminalization and medical use. A recent Gallop poll indicates that even the idea if legalizing for marijuana for recreational use is gaining support. In the poll 58% supported legalization, an all time high. The news came at a time when federal authorities have signaled a softer stance on marijuana. Marijuana enjoys a much higher approval rating than congress and may even offer a better chance at helping the economy.
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D.C. Mayor Seeks to Decriminalize Marijuana…
It has taken federal authorities years to even signal the possibility of bringing common sense to marijuana policy. However, right under their noses, in Washington D.C., the city has moved forward with major marijuana reforms. Medical marijuana has already been legalized, giving patients the chance at a better quality if life. Now there is a bill sitting with the D.C. Council that, if passed, would decriminalize small amounts of marijuana. D.C. Mayor Vincent Gray has now signaled his support for the bill making passage more likely. Possession of less than one ounce would no longer accompany a six month jail sentence and $1,000 fine, rather, the penalty would be a civil citation ticket for $100 and no jail time. Like many other municipalities, D.C. has financial and correction center overcrowding issues to deal with.
Marijuana Industry News September 27, 2013
Poll: Majority of California Residents Support Legal Marijuana…
While many think that support for marijuana legalization in California is a foregone conclusion, that has not always been the case. Residents have supported medical marijuana for years. At times, residents against recreational legalization have seemed to outnumber those for it. That trend is starting to change and recent polls show a majority of residents do support legal marijuana. With what happened last year in Colorado and Washington, and the DOJ’s recent admission that they will not prosecute those in accordance with state law, it may not be a surprise if the trend continues all over. A recent poll conducted by Public Policy Institute of California, indicated that 52% of California residents would like to see marijuana legalized. Democrats favored legalization by a margin of 64-33 while Republicans favored keeping marijuana illegal by a margin of 53-45%. The poll also found significantly more support for federal authorities to respect state laws, 68% of likely voters said the federal government should not interfere with state marijuana laws. California has encountered considerable financial and budgetary problems, perhaps making the idea of green lighting new tax revenues popular.
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NORML Makes Attempt at Getting Marijuana Ad to Air During Superbowl…
The NFL may not be able hide under its archaic marijuana policy for much longer. Calls to reduce mandatory suspensions for marijuana violations
are coming from all over. There is no mandatory suspension for Dui related arrests. Marijuana Policy Project recently put up a billboard outside of the Denver Broncos stadium that questioned the NFL’s pro alcohol and anti-marijuana policies. The billboard received a great deal of press. Now there may be a chance NORML takes the issue to even newer heights. Intuit is running a contest where the organization that receives the most votes will have a Superbowl ad paid for. NORML’s ad is currently the leader in votes. It will be interesting to see if Intuit will award NORML or refuse to help the ad air. Fox, the television host of the Superbowl may also elect not air the commercial. Unfortunately for Intuit, they may find that you cannot send an open offer to the people if you are not prepared to discuss what is truly on their minds.
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High Profile Mexicans Urge Decriminalization In Newspaper Ad…
Former Mexican president Vicente Fox has been beating the marijuana legalization drum for years. The country is experiencing devastating cartel violence and the idea of legalizing marijuana to reduce cartel power is popular. Earlier this week, a newspaper advertisement was printed with many highly successful Mexican residents including a Nobel prize scientist, businessmen, actors, and lawmakers coming together to call for marijuana decriminalization. The ad had a caption that read :
“Mexico has paid a high cost for applying the punitive policy of prohibition. We know well that neither decriminalization nor any other individual measure represents a panacea to end the violence, corruption and lawlessness in Mexico. But effective decriminalization of marijuana consumption by raising the dose permitted for personal use is a step in the right direction.”
Marijuana Industry News This summer 26,2013
California Democratic Party Formally Requires Alternation in Federal Marijuana Law…
The American medicinal marijuana movement began in California when citizens passed Proposition 215, an invoice that found be due in large parts towards the efforts of Dennis Peron. However, legislators have sent mixed messages and also have unsuccessful to institute a good and sensible group of laws and regulations to supervise the medicinal marijuana program. Without any strong condition rules, there’s considerable legal confusion as shops are allowed in a few cities and never others. The legal mess has caused federal government bodies to salivate as they have regularly carried out raids on shops. The California Democratic Party has become trying to change that. In the party’s executive board meeting days ago, the party passed two resolutions and also have adopted the positions to their official platform. Here are the resolutions passed:
“The first resolution known as on Leader Obama to (1) respect the voters of Colorado and Washington and also to not allow any federal interference within the enactment of the marijuana legalisation initiatives, (2) finish the government raids on patients and companies in medicinal marijuana states and (3) appoint a commission to consider the reform in our nation’s marijuana laws and regulations.
“The second resolution calls on our condition legislature to enact state-wide recommendations for medicinal marijuana distribution that respects the privileges of local cities to manage and license but probably provide marijuana ‘to all patients in most regions of California, rural in addition to urban.’
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Answer Page:Marijuana May be Best Strategy to Migraines…
The fight to find the best migraine reliever choose to go on for many years. Which brand is better? Tylenol?Advil,? Or possibly sour diesel? Dating back to 1892, Dr. Mister William Osler stated in “The Concepts and exercise of Medicine” that “Cannabis indica is most likely probably the most acceptable fix for migraines.” The answerpage.com, an academic website operated by earliest American medical society still around, The Massachusetts Medical Society, has made the decision to get where Dr. Osler left off. The answerpage really has courses on medicinal marijuana created for health care professionals. While complex, additionally they offer Q&A periods for individuals who might not be too experienced because the health care professionals in medicinal marijuana. Answerpage does well in distributing the term one of the health care industry. NYU resident physician, Sunil K. Aggarwal, MD, PhD, appreciated the efforts of answerpage and lately stated “Most medical schools are lagging in teaching the scientific details concerning the medicinal utilization of cannabis. It’s great that doctors are now able to get excellent and rapid CME training on medicinal marijuana at TheAnswerPage.”
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U.S. Congressman Looks to supply Bank Use of Marijuana Shops…
Competitors of marijuana reform have frequently mentioned their concern for a boost in crime. However, current marijuana laws and regulations prevent financial transparency as shops are avoided from opening accounts. When banks do let dispensary operators open accounts, they’re then threatened by the us government to shut the accounts. This leads to considerable cash available, and places a target for crooks squarely being worn by shops. It’s wideley known that dispensary employees cannot possess guns while at the office. Crooks are extremely conscious of this and frequently possess the chance to focus on a business with cash available and never method of protecting themselves. U.S. Repetition. Erectile dysfunction Perlmutter (D-CO) needs to rectify this case. “This isn’t about whether you agree or disagree or support using marijuana,” stated Leslie Oliver, Perlmutter’s communications director. “It’s about making certain public safety which companies which are legal can perform the other legal companies can perform.Inches
Marijuana Updates in the American Capital
For marijuana activists, Washington D.C. doesn’t exactly represent a beacon of hope. Decades of immaturity and shut mindedness from congress has frustrated individuals who’ve grown weary in the money and lives wasted around the Fight against Drugs. Most chosen authorities have made the decision to remain quiet around the blatant fallacy that’s marijuana law.
Consequently, you will find typically couple of updates being released of D.C. relating to marijuana. However, in what may represent the fed’s lack of ability to prevent the inevitable, medicinal marijuana shops are going to open within our nation’s capital soon. Three medicinal marijuana shops are required to spread out their doorways this summer time. The irony from the Town of Washington D.C. opening marijuana collectives even while the pending authorities is constantly on the recycle old speaking points wasn’t lost on Vanessa West, the manager at Metropolitan Wellness Center. She lately stated “The proven fact that the District of Columbia can pass it legally, and also the District of Columbia is incorporated in the land of the us government is really a contradiction also it talks that federal law must kind of jump in using what more states say.”
This news for Washington D.C. large hairpieces isn’t improving. Possibly the greatest profile associated with Federal law in D.C. is U.S. Attorney General, Eric Holder. He’s ongoing to guide the Justice Department’s fruitless quest for winning world war 2 against a plant. It was already a difficult week for that AG as numerous question the entire impact from the fallout in the recent phone record scandal. Mr. Holder required a rest from Washington D.C. Among the debate and was at Berkeley California. Unfortunately the U.S. Attorney General appears to become getting trouble making buddies wherever he goes. He was at attendance to greet law graduates in the College of Berkeley. Obviously, many California citizens will not easily your investment soft words Mr. Holder and Leader Obama utilized on the campaign trail and in early stages within the first term. Individuals words were tricked by 100s of shops being specific with no real conversation regarding how you can proceed with marijuana regulation. Throughout the graduations ceremony, an plane circled transporting a banner that read “Holder: Finish Rx Cannabis War #Peace4Patients.” It was also coupled with protestors holding signs that read “Fight Crime, Not Cannabis” as his limo contacted.
Clearly Washington D.C. shops highlight that activists take presctiption the offensive. The Justice Department, however might be around the defensive as Eric Holder’s time as Attorney General continues to be full of debate. Our nation’s capital is how the actual legal changes occur with shops opening right under their nose, the fight is clearly winding lower. Just like a General or perhaps a King who don’t realize world war 2 has ended, even while it’s apparent to any or all other experts, our government is highlighting on embarrassment.
Marijuana Industry News April 26, 2013
California Condition Set up Committee Passes Medicinal Marijuana Regulation Bill…
 
The legislative mess that signifies California’s medicinal marijuana law continues to be well recorded. Since Proposition 215 was passed in 1996, when medicinal marijuana was initially legalized in California,government bodies, patients and collectives have observed a lot of confusion regarding what is allowable underneath the law. The possible lack of proper regulation has permitted illegitimate collectives to thrive while well intentioned institutions have frequently found trouble. Condition Assemblyman, Tom Ammiano introduced AB 473, an invoice to possess California’s Department of Alcohol Beverage Control oversee a lot of this program. He walked from an identical bill this past year when congress tried to give a provision to permit cities to prohibit shops. Now, condition set up committee passed AB473 the 2009 week. It’s unclear whether it can survive the whole political process and be law.
 
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Michigan Congress Introduce Decriminalization Bill…
 
Michigan has already established probably the most progressive marijuana laws and regulations around the books. Attorney General Bill Schuette had attempted to battle against medical and native decriminalization laws and regulations despite citizens outwardly supporting reform measures. It seems his efforts may fail short as state-wide decriminalization bill with bi partisan support continues to be introduced. Democratic Condition Repetition. Shaun Irwin features an invoice that considerably reduce the seriousness of low-level marijuana possession charges. For individuals caught with under one ounce, the penalty will be a civil infraction along with a fine. Presently, individuals with no valid marijuana prescription caught with similar amount could address annually of incarceration along with a misdemeanor charge. Repetition. Irwin lately stated “Even though we are investing no less than $325 million annually on arresting, trying and incarcerating marijuana customers within this condition, we all know marijuana has not been more available. We all know that police force is not effective at keeping marijuana from the hands of anybody within this condition.” The balance has got the support of some Republican congress within the condition government too, including Repetition. Mike Shirkey. Mr. Shirkey spoke concerning the bill lately and stated “This is actually the proper time to possess this debate in Michigan. “We are using lots of money, energy and assets in Michigan and nationwide to complete something we have unsuccessful at.”
 
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NY Condition Set up Committee Passes bill to Legalize Medicinal Marijuana…
 
Despite the fact that most of New You are able to citizens have supported medicinal marijuana for quite some time, there continues to be little movement around the problem. Recently, however, NY political figures appear to become conditioning their stance. Governor Andrew Cuomo has began to guide electric power charge toward reform and it has notoriously adopted stop and frisk. Now a committee in the condition set up has transpired a medicinal marijuana bill. The election was almost unanimous and went by a margin of 21-4. New You are able to congress have battled to obtain previous medicinal marijuana bills off the floor. However, Gabriel Sayegh, director of recent York’s Drug Policy Alliance feels things may change soon. He told news shops “I believe it is becoming progressively obvious that regarding medicinal marijuana, New You are able to is actually behind the occasions.” He continued to state “We still heavily criminalize it, yet we’re encircled by states which are permitting medicinal marijuana.” There’s been lots of movement recently within the northeast also it appears only dependent on time before NY joins the growing listing of states enabling using medicinal marijuana
 
Marijuana Industry News March 22, 2013
Tom Ammiano Back with New California Legalization Bill…
The lack of a statewide system in place to regulate medical marijuana has plagued California since the program’s inception in 1996. A patchwork of legal fixes have either been implemented or proposed, but no effort, to date, has really solved the issue. Federal authorities would likely be less motivated to conduct raids if a uniform set of laws was instituted in California. Other states, such as Colorado have experienced far less problems with organized crime and federal interference due in large part to proper regulation at the state level. State Assemblyman, Tom Ammiano, is trying to get a bill passed that would set up a state regulated system. He has attempted this previously, only to find resistance from both law enforcement and activists. Many accused his proposal of being too vague. Mr. Ammiano is back with a new proposal and law enforcement is already issuing criticism. The bill would have marijuana be regulated like alcohol, an idea that is clearly gaining momentum as both Colorado and Washington have passed similar laws.
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Marijuana Arrests Cost NYC One Million Police Hours During Mayor Bloomberg’s Tenure as Mayor
New York’s “Stop and Frisk”, a legal loophole used by law enforcement to defeat the spirit of the state’s marijuana decriminalization bill, has been receiving considerable media attention as of late. Community organizers have been vocal in letting NYC Mayor Michael Bloomberg and Police Commissioner Ray Kelly know that they do not support the high arrests for small marijuana possession. These arrests tend to target Black and Hispanic teens. Governor Cuomo is trying to get Albany lawmakers to adopt new legislation to put an end to “Stop and Frisk”. A new statistic will likely embolden the Governor and residents who wish to see their tax dollars put to better use. According to the Drug Policy Alliance, New York City has spent over one million police hours pursuing marijuana arrests since Michael Bloomberg became mayor (11 years ago). In a city as vast and populated as New York, residents are getting fed up with the direction law enforcement has taken. Many neighborhoods are still dangerous and police may be able to utilize their time in a way that would help the city. The relationship between police and residents has degenerated, due in large part to “Stop and Frisk.”
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Push For Medical Marijuana in Florida Gets Huge Financial Support…
Although many associate Florida with retirees, the Sunshine State is also known for its large number of indoor marijuana grows. Even though penalty and cultivation penalties are harsh in Florida, the black market for marijuana is tremendous, especially as so many seek physical relief. Past efforts to legalize marijuana in Florida have failed. However, activists may find more success as they are about to be bankrolled by two top democratic fundraisers in Florida. One the individuals is John Morgan, who recently became the chairman of the People United for Medical Marijuana-Florida. The group has previously struggled to raise enough money to get their message out. Kim Russell, the group’s founder recently said they “were just scraping pennies together” to get by. John Morgan appears ready to take his successful political fundraising techniques to the group. Earlier this week he said “I’m prepared to keep raising money and writing checks until I get the signatures to put it on the ballot.” Political analysts are wondering how influential John Morgan’s fundraising can be, especially as he has raised considerable funds for high profile candidates, including President Barack Obama.
Medical Marijuana Industry News March 1, 2013
Police Confiscate Cannon used to Fire Marijuana Across Border Fence…
Many of us have fired a potato cannon at some point in our lives. Watching a potato fly across a field is one thing, but drug traffickers have taken the idea a bit further. Recently a homemade cannon had been used to fire bags of marijuana over fences dividing the United States and Mexico. The cannons have been modified and seem to be a significant improvement over traditional potato cannons. Bags with as much as 30 pounds of marijuana have been travelling up to 500 feet. This is not the first time cannons have been used. Mexican authorities claimed to have recovered similar devices over the years. Authorities have their hands full as this is another example of difficult it has been to try and stop drug smuggling.
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Medical Marijuana Support Taking Hold in More States…
The acceptance of medical marijuana seems to be spreading at an accelerated rate. Even in the deep south, a change in attitude toward medical marijuana seems to be taking place. In Iowa, a recent poll conducted by The Des Moines Register showed that 58% of residents supported medical marijuana. In Florida, the support runs even higher. About 70% of Florida residents support a state constitutional amendment to legalize medical marijuana. The support numbers are so high that many political analysts believe the issue may impact the state’s governor race. Florida has a high number of elderly residents who may need pain relief. Additionally, Florida is also known for illegal indoor grows, and is considered to have the most in the United States.
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Majority of California Residents Support Legalization of Recreational Marijuana…
While many around the country think the title of this section is a no brainer, overall support to legalize recreational marijuana has a rocky history in the state. Past efforts have failed to gain enough support. Like many states, there is a difference in attitude in rural areas vs. urban areas. However, as the entire country starts to accept marijuana, the state where the modern movement started may also be on board. The Field Research Corporation conducted the poll which found that 54% of California voters support legalizing recreational marijuana. In 2010, a similar poll found that 50% supported the idea. Support for the continued federal efforts to raid medical marijuana dispensaries received support from only 27% of residents.
Marijuana Decriminalization Has Immediate Impact On California Youth Crime Rates
The unnecessary arrests of our teens is one of the most troubling byproducts of American marijuana law. Besides the high economic cost, the social implications can ruin lives. Marijuana possession arrests can provide an early entrance into legal system for juveniles. Incarceration of so many young people produces a
The need to alter America’s direction in the war on drugs has been apparent almost since the inception of Nixon’s plan. This is perhaps why even as early as the 1970s states started to take the initiative and enact decriminalization laws. Decades later, we are still awaiting federal action, but it only takes a brief glance at the 112th Congress (who has passed the least amount of bills in history) to lose optimism. Hopefully the 113th Congress is less bitter, partisan, and ineffective. It is not desirable for state lawmakers to enact legislation that is in direct opposition to state law, but a lack of movement on the federal government’s part has left states with few options.
Critics and misguided fans of the war on drugs are always skeptical of decriminalization and often argue that crime and deviant behavior would increase and run rampant. Newly published research by the Center on Juvenile & Criminal Justice paints an entirely different picture. The group found that California’s new (which took effect January 1, 2011) decriminalization laws have resulted in a drastic reduction of juvenile arrests. The 20% overall drop now brings juvenile crime rates to their lowest levels since California started keeping such records in 1954. When analyzing the numbers further, it is interesting to note that underage violent crime dropped by 16%, homicide dropped by 26%, and drug related crimes plummeted by 50%.
Marijuana reform can address many pressing issues in the United States. Although many critics are unable to understand the complexity of modern economics, financial actions are rarely isolated. Locking away our youth has a devastating toll on lives, but also a hefty financial price tag. Lately, the point has been made countless times but the debate regarding the so called “fiscal cliff” and the money required to rebuild the areas devastated by Hurricane Sandy, it is clear we no longer have money to waste on acting “tough” on drugs.