California
Medical Marijuana Industry News October 26, 2012
Medical Marijuana Industry Sees Major Victory in San Diego Appeals Court…
For the most part, defendants are allowed to invoke state laws as a defense, otherwise why would the laws be on the books. However, in California this is not always the case. California Attorney General, Kamala Harris, has fought hard to prevent dispensary operators from citing state laws in their defense. This may have all changed as a Jovan Jackson was found guilty on marijuana sales charges after a lower court refused to allow them to use California’s legal medical marijuana laws as a defense. However an appeals court in San Diego has handed Ms. Harris a a defeat and has ruled that Jovan Jackson will be entitled to using California’s state law as a defense. Many analsts feel this case will be helpful for future protections against federal prosecution.
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Drug Cartels Pleased With U.S. Election…
As marijuana.net mentioned earlier this week, there has been almost no mention of the War on Drugs and cartel violence. With over 60,000 deaths related to cartel violence in over the last several years, it is inexcusable that the issue does not receive more attention. Marijuana accounts for the cartel’s largest export and the United State’s policy of criminalization has resulted in massive profits for Mexican drug cartels. The popular news outlet, www.examiner.com breaks down the issue in more detail.
Click here for the examiner article
Former LSU Player Arrested on Charges of Marijuana Possession….
Tyrann Mathieu used to be nicknamed the “Honey Badger”. He has certainly fallen from grace as he was dismissed from LSU over the summer for several failed drug tests. Mathieu has now been arrested again for possessing “10 bags of high grade marijuana”. Before the arrest he was planning on enrolling and returning to LSU and had already entered and returned from rehab. Many thought his dismissal was severe punishment and the story in August highlighted the NCAA”s profiting off of student athletes and their names without returning any of the profits to the players. Even LSU’s coach, who is not a marijuana supporter, questioned the University’s decision to turn their back on Mathieu. He even questioned what would happen of Mathieu drank beer instead of using marijuana. Of course the recent arrest will not elicit sympathy from the public but may highlight the difficulties and pressures of NCAA football and how disposable the student athletes seem to be when they face difficulties.
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Will Recent Federal Raids On Los Angeles Marijuana Dispensaries Be Swept Under the Political Rug?
The first presidential debate between Barack Obama and Mitt Romney will be held next week on October 3rd. This debate will focus on domestic policy so we are sure to hear about plans for cost savings and stimulating the economy. Of course, for activists there is always that economic pink elephant in the room that politicians never want to acknowledge.
However, it remains highly unlikely that debate moderator Jim Lehrer of PBS will question the candidates as to exactly why the failed war on drugs is persisting. Earlier this week, there were three raids on marijuana dispensaries located in the downtown area of Los Angeles. Additionally, 68 other warning letters were issued. The efforts build on what is almost a year long target on dispensaries by the federal government. While the raids catch headlines, the collateral damage is rarely covered. Besides compromising safe access to patients, many jobs have been either put in jeopardy or eliminated totally.
We have yet to hear a coherent plan as to how either candidate will put Americans back to work. We do know that our government is perfectly constructed to destroy jobs, as thousands of jobs have been eliminated this year alone due to medical marijuana dispensary raids. However, it may require a new approach to creating jobs in the new age economy.
If other state laws were being targeted by federal authorities, political advocates would come out of the woodwork. With the vast majority of Americans supporting a physician’s right to prescribe medical marijuana one would think a discussion would even be advantageous to lawmakers. This is where the state of politics are. This is a serious issue with economic, safety, and healthcare concerns at stake and we cannot even rely on a full discussion, rather, we are resigned to hoping that a debate moderator asks a single question.
Feds May Not Be Able to Flex Muscles After New State Laws
Similar to an annoying gym rat who screams as he exhales while hogging up any full body mirrors, our federal government acts like a “juicehead”, usually eager to show off and flex any chance it gets. We witnessed this during the medical marijuana raids of the Clinton and G.W. Bush presidencies but in 2008 we were then promised newer and smarter ideas. We were promised a fully body approach complete with calisthenics and nutritional eating. However, despite such claims we find ourselves back to square one, paying taxes to a government that is more concerned with feeding its inflating ego and only working out its upper body. Last fall, dispensary raids conducted a rate previously unseen.
Recently, 23 medical marijuana businesses in Washington were sent threatening letters from the DEA, informing them they would have to shut down or face prosecution. The letters were sent out to dispensaries that are in violation of Washington state law as they are operating within school zones. Matthew G. Barnes, of Seattle’s DEA sent the letters which asked dispensaries to “Please take the necessary steps to discontinue the sale and/or distribution of marijuana…within 30 days.”
While the federal government has made it clear they would like to dismantle the entire medical marijuana program, they have chosen a careful route in doing so. Because they do not want to be accused of interfering with state laws, they so far claim to only target dispensaries that are in violation of state law. Many feel that threats to Harborside Health and other high profile California collectives had nothing to do with state law. In addition to the comments included above, Mr. Barnes made statements that did not seem to be concerned with upholding Washington State law as he said “The DEA will not turn a blind eye to criminal organizations that attempt to use state or local law as a shield for their illicit drug trafficking activities.”
The statement actually seems to insinuate that these collectives were attempting to “traffic drugs” at a profit and that respecting state laws had little to do with the decision. Of course anytime the White House is challenged on the issue they still maintain that they only get involved once state laws are broken. This is a statement that could soon backfire as three states will allow its residents to vote on totally legalizing marijuana, even for recreational use. How sacred will state law be to the feds if Washington, Oregon, or Colorado or all three legalize marijuana? Will the feds continue to flex their muscle and admit their disregard for state laws after using it as their defense for so long? Will they try to be more subtle, or will they walk away from the mirror and try to use all of their resources and strength to help instead of harm?
US Government Burns Through More Than One Billion Dollars in Recent Marijuana Crackdown
Over the past year, the federal government has intensified its anti-marijuana crusade. Analysts are unsure of the exact reasons, especially as it seemed tolerance was in the air when President Obama was elected. Starting last fall, federal raids on medical marijuana dispensaries were carried out in several states including California, Montana, and Colorado. However, burning through marijuana this way may just show how out of touch our elected officials with the wishes of the average American.
However, the DEA reported this week that they have destroyed well over 1 billion dollars worth of marijuana since launching an intense effort on July 1st. The popular news site “The Raw Story” said that, according to the Justice Department “Federal, state and local law enforcement in the seven states have eradicated more than 578,000 marijuana plants from public lands. The DEA estimates the value of this marijuana to be well over $1 billion.” Over 80% of the plants destroyed by the government were located in California.
Sending out huge teams to search, locate, and terminate the plants does not come without cost. No one has confirmed just how much the recent effort is costing taxpayers. There are understandable reasons as to why the government would go after the grows (other than just pursuing their outdated policies on marijuana). The Department of Justice said they removed “Huge amounts of trash, miles of irrigation line, and many pounds of fertilizer and pesticides were removed from grow sites on public lands.” All of this only further highlights the need for a regulated system. Under a more defined system,
As the American public calls for both medical and recreational legalization of cannabis, how long can we expect federal agencies to keep these efforts up? Though they frame their actions as a way of helping the public, no one wants to lose their job. Recently, heads turned when Todd Akin showed just how disconnected he was with his comments on “legitimate rape” and women’s health. Both major political parties stand to lose considerable power as the people will continue to bypass ineffective leaders with ballot initiatives to legalize, tax, and regulate marijuana as a way to fix both our healthcare and economic system. Instead of destroying 1 billion in cannabis (plus the cost of sending out agents) jobs, tax revenues, and preserving the natural beauty of America could be our focus instead.
LA Councilman Shows Marijuana Appeal Growing
The move to ban dispensaries in the City of Los Angeles devastated patients and advocates not only in the area, but across the nation. Los Angeles has become the epicenter for the medical marijuana movement with sick patients moving their so they can pursue relief. While this move stings, it is not even clear if it will stick. The move by the Los Angeles City Council directly contradict a ruling by California’s 2nd District Court of Appeals, which stated weeks ago that municipalities do not have the right to ban marijuana dispensaries.
With that being said, we would like to look farther ahead than the day to day politics of marijuana, which in a frenzied election season are sure to change daily. Last week marijuana.net posted a story that shows just how far the perception of marijuana has evolved. Los Angeles City Councilman Bill Rosendahl announced to the L.A. Times that he has been a medical marijuana patient himself for over ten years. The councilman said he medicates with cannabis to help alleviate symptoms related to neuropathy. Last week he revealed that he was diagnosed with cancer, explaining his absence from City Hall meetings and perhaps another reason he will medicate with cannabis. Mr. Rosendahl said he would have had a tough time without medical cannabis and the neuropathy makes his feet “red hot with pain.” Many politicians have admitted to previous marijuana use but usually chalk it up misguided decisions made in their youth. Few elected officials admit to currently smoking marijuana.
President Bill Clinton famously admitted to smoking marijuana, but he carefully tiptoed the political line and said he did not inhale. Under his administration many federal raids of marijuana dispensaries were carried out. Our current president, Barack Obama, admitted to frequent marijuana use in his earlier years only to now direct his agents toward the largest crackdown in medical marijuana’s 16 years. Although Bill Rosendahl is not the president, he may represent the next phase of balancing marijuana and politics. Is it crazy to think that one day a sitting president of the United States will also hold a medical marijuana card?
That day may yet be a ways off but Bill Rosendahl is showing that America is ready for the truth. With approximately 75% of the nation supporting a doctor’s right to prescribe cannabis, the game has changed. The future looks bright and we were glad to see that people came out in support of Mr. Rosendahl. His admission lets patients know they are not on their own, and that one of their own represents them. We at marijuana.net look forward to Bill Rosendahl’s return to the Los Angeles City Council, and his continued pursuit of providing compassion and relief.
Marijuana Advocate and L.A. City Councilman Bill Rosendahl is Receiving Treatment for Cancer
Last week the Los Angeles City Council voted to ban marijuana dispensaries. As they say, “You’ll never understand a person until you walk a mile in their shoes.” Cannabis patients are judged harshly by our elected officials. Perspective often changes when a problem hits home.
Earlier in the week, Los Angeles City Councilman Bill Rosendahl announced to the Los Angeles Times that he has been a medical marijuana patient himself for over ten years. The councilman said he medicates with cannabis to help alleviate symptoms related to neuropathy. Mr. Rosendahl said the neuropathy makes his feet “red hot with pain.” Yesterday we found out that he may have another reason to continue medicating with cannabis. In a letter titled “I’m Going To Beat This,” the councilman revealed that he was diagnosed with cancer in his pelvic area. In the letter he said “My doctors feel there is abundant reason for optimism. The cancer is slow moving, has not spread to any vital organs and does not affect my digestive system.” He then went on to say “I am going to beat this cancer and return to work soon. I am going to seek, win and complete a third term.”
The popular city councilman has been a longtime supporter of legalizing marijuana nationwide. He recently told the LA Times that “it’s been clear for 20 to 30 years where I stand on this issue. I think the war on drugs is destroying this great nation.” Councilman Rosendahl was unable to to attend last week’s City Council session where marijuana dispensaries were outlawed by a vote of 14-0. The councilman who did attend apparently did not share Mr. Rosendahl’s sentiments on failed marijuana laws. Taking away dispensaries could seriously jeopardize the ability for patient’s health and may lead to increases in illegal street sales.
With his recent admission, it may force the rest of the council members to acknowledge a marijuana patient up close and personal. Before the planned dispensary ban even begins fellow council members will witness the impact of their decision firsthand. They will have to look their colleague and peer in the eye and state exactly why they are against safe access. This seems significantly more difficult than occasionally hearing patient stories at public meetings in City Hall. We at marijuana.net are hoping for Bill Rosendahl to make a speedy recovery. Patients desperately need his compassion and leadership and we eagerly await his return to the City Council.
Los Angeles City Council Unanimously Approves Dispensary Ban
Yesterday afternoon patients were dealt what could be a devastating blow. The Los Angeles City Council decided to approve a measure to ban all medical marijuana dispensaries within the city limits. Since the passage of Proposition 215 in 1996, lawmakers have done little to refine and adjust the program. Now they feel problems related to …continue reading
Developing Stories in California
From a national standpoint, marijuana reform efforts have been achieving a great deal of success as of late. Voters in Washington, Colorado, and Oregon will actually have the opportunity to legalize, tax, and regulate marijuana use this November. Even though the situation is not as upbeat in California, the state remains the epicenter for American …continue reading
Are California Lawmakers Lost in the Clouds?
Although it is often medical marijuana patients and advocates who are accused of hazy judgment, recent legal developments have us wondering how clearly those in power are thinking. With conflicting decisions and a poor medical marijuana system that was never properly regulated, patient’s safe access has been seriously compromised.
Lawmakers have acted lazy and lethargic when it comes to regulating California’s medical marijuana program. Instead of basing decisions upon research and information, they never checked on how the program is being run or made changes. Now that the system is not functioning as they would like, many are trying to dismantle it. How would Social Security fare if we never monitored or adjusted during its 70 year lifespan? The difficult task is actually analyzing what works, speaking with law enforcement, legitimate dispensary workers, lawyers, and patients in order to determine the proper course of action. After 16 years, California is in desperate need of re-reforming its cannabis laws. Patients are confused as to where they can seek relief.
Despite the guarantees of “Safe Access” outlined in Proposition 215, many municipalities have taken it upon themselves to interpret the legal language as it suits them. Legal experts have witnessed a series of confusing rulings, with the most recent ruling having been issued approximately a week and a half ago. The July 2nd ruling by The Second Appellate District Court of Appeals stated that city municipalities do not have the right to outlaw marijuana dispensaries. The ruling is being applauded by many marijuana advocates and patients. It appears to have at least delayed some of the pending dispensary bans in places such as Long Beach and San Leandro. Joe Elford of Americans for Safe Access said “The court of appeal could not have been clearer in expressing that medical marijuana dispensaries are legal under state law, and that municipalities have no right to ban them.” All eyes will now turn to the California’s Supreme Court as they will be taking up the issue after the new year and will hopefully end the legal guessing game.
The lawsuits and pending court cases could have been avoided had California’s elected officials taken some sort of initiative on this issue. After Dennis Peron fought for the right for patients to medicate, California became the first state to permit medical marijuana. Did anyone think that a hands off program for the first legal cannabis state would just govern itself? It is time for our representation to get their heads out of the clouds and do their job, even if that requires actual work and thinking.
Medical Marijuana Industry News July 6, 2012
California Government Sponsored Study Contradicts DEA Position on Marijuana…
Those seeking a reclassification of marijuana as a schedule 1 narcotic may have gotten some uplifting news. A study sponsored by the California state government and conducted by the University of California Center for Medicinal Cannabis Research may help make this a reality sooner than later. The study published in The Open Neurology Journal indicates that marijuana was effective in helping to counter neuropathic pain and muscle spasms associated with multiple sclerosis. Paul Armentano, director of NORML, said in response to the study results that United States drug policy “is neither based upon nor guided by science.” The study suggests that cannabis does have some risk for dependency but should place it in the schedule III category. DEA officials have received considerable criticism lately as they were grilled by US Representative Jared Polis (D-CO) and would not admit that heroin and crack were more dangerous than marijuana.
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Long Beach Police Appear to Use Excessive Force During Dispensary Raid…
The Long Beach Police department is now engaged in an investigation into whether or not its officers used excessive force during a recent dispensary raid. A surveillance video appears to show an officer standing on the neck and placing all of his weight on Dorian Brooks, a volunteer at the dispensary. The officers did not seem to notice the camera until after they became physical with Brooks. Immediately after discovering the camera, officers appeared concerned as they proceeded to destroy the surveillance equipment. Attorney Matt Pappas plans on assisting Brooks in filing a lawsuit against the police department. Check out the surveillance video below.
Activists Confident Marijuana Legalization Ballot will Pass in Detroit…
Two years ago Detroit activists collected enough signatures to get marijuana legalization on the ballot. Last month, the Michigan Supreme Court ruled that the referendum should go to the voters this November. While residents have overwhelmingly supported decriminalization, medical marijuana, and legalization efforts, many law enforcement officials (most notably state Attorney General Bill Schuette) have tried to derail the reform measures. Recently Tim Beck, chairman of the Coalition for a Safer Detroit stated that he was very confident that Detroit residents will pass a legalization bill. Mr. Beck went on to say “The poll numbers are so far ahead … This thing is going to pass, period.” If in fact the referendum is passed, residents over the age of 21 will be permitted to possess under one ounce of marijuana on private property without risk for prosecution or arrest.
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Longtime Marijuana Advocate Oliver Stone Wants to See End to Cartel Violence
High profile director Oliver Stone has been a marijuana reform supporter for years. The director of successful films such as “JFK”, “Natural Born Killers”, “Born on the Fourth of July” and “Wall Street” served as an infantryman during the Vietnam War. Stone has had an opportunity to open up lately regarding his views on marijuana as he is promoting his new film “Savages”. The film depicts Mexican Cartel violence that is associated with the current war on drugs. Mr. Stone said he would like to see marijuana legalized, regulated and taxed. He believes revenues could help pay for education costs. In the short term Oliver Stone said decriminalization efforts could be undertaken right away to reduce violence associated with the cartels.