California
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.
Click here for more on this study
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.
For more on this story click here
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.
New Marijuana Regulations in California to be put on Hold
Proposition 215 and Dennis Peron changed the course of history in 1996 by overcoming staggering political opposition to medical marijuana. It was a great first step and should have been followed up with a more structured system for how to regulate and dispense medical marijuana. The lack of additional regulation has steadily become a growing problem with the recent dispensary raids symbolizing state lawmakers futility in evolving the program.
State Assemblyman Tom Ammiano had recently pushed for legislation, Assembly Bill 2312, that would create a state run medical marijuana program. Currently local municipalities have different interpretations of how to regulate cannabis dispensaries. With many pending lawsuits, momentum for a dispensary ban in Los Angeles, and the fact that the state supreme court will not be taking up the issue for at least a year, many were hoping to see lawmakers provide a solution. Ammiano’s bill passed in the State Assembly recently but was expected to face a difficult time passing California’s Senate committee vote. The bill aimed to set up a “Bureau of Medical Marijuana Enforcement”. The Bureau would oversee the entire program and allow local governments to collect tax revenue from marijuana sales.
While the bill or a similar one is needed, many analysts and members of law enforcement were not pleased with it. As in any developing billion dollar industry, there were varied interests at stake. As a result many were wondering just exactly who would be part of the Bureau of Medical Marijuana Enforcement and what interests they would serve. Additionally, the extent and specifics of what the Bureau would do seemed vague. Law enforcement officials criticized the bill as being a free pass for dispensaries to operate without worry. While that may not be entirely accurate the bill did seem ill equipped at ensuring a patient oriented industry. It seems the criticism reached Ammiano as he canceled the Senate vote earlier this week.
Regarding the move he said “There is no doubt that my colleagues understand the need for this legislation, and I have a lot of faith in this committee that we can hammer out a well-balanced regulatory policy during the fall to answer calls from local governments, law enforcement including our Attorney General, patients, and the public to enact a highly regulated system for medical marijuana and provide a clear set of rules for everybody.”
If in fact Tom Ammiano canceled the vote in order to present a more comprehensive solution, then the news is not a total loss. However, many are wondering if they will ever see the state politicians come together and place the rhetoric aside and protect dispensaries and patients. To date, political solutions have failed and the “Safe Access” granted in Proposition 215 seems to be in jeopardy.
Bill Proposed by Tom Ammiano could Erase Setback in Los Angeles
The battle over marijuana dispensaries has been a major point of contention for the city of Los Angeles lately. Even as patients have voiced their concerns over the idea of shutting down marijuana caregivers, lawmakers from the Los Angeles City Council are pushing for a ban on all dispensaries.
Fortunately for patients, there was some great news to come out of state level government. Tom Ammiano has been working for a long time to get a bill passed that would provide the necessary state level regulation that the California medical marijuana program desperately needs. Assembly Bill 2312 was passed by the California State Assembly by a vote of 41-28. It now will face the California State Senate and then possibly would await Governor Jerry Brown’s signature. It is unclear if the bill will survive the entire legislative process, but if enacted, it would bring much more structure to the state’s medical cannabis program. Dispensaries would be legal but could be limited our outlawed on a local municipal level, a fact that reminds advocates of the current muddled legal situation. The law would also see a council created which would oversee the selling, growing and transporting marijuana. Critics have blasted the bill as being light on specifics on how California can govern so many dispensaries and employees and feel it is not nearly as thorough as Colorado law.
Assembly Bill 2312 would eliminate the legal guessing game that has frustrated patients and dispensary owners. Patients are often faced with uncertainty as to where they will find safe access to their medication. With over 80% of the states residents supporting medical marijuana in a new poll and the thousands of cardholders, shutting down the dispensaries in LA without a contingency plan could turn out to be a regrettable move. The bill could also prevent many of the dispensary raids that have rocked the state. Federal authorities have attributed many of the raids to the fact that dispensaries were not operating within state law. Colorado, for example, has had far less raids which seems mostly due in part to its tighter run program. Additional revenue could be generated as a provision for a potential 5% tax was also included in the bill.
As it has been since medical marijuana was first approved in 1996, patients and advocates have been faced with many setbacks. However, many of these setbacks are often accompanied by uplifting news. The LA dispensary ban seems no different as Tom Ammiano’s plans has gained the spotlight even when the mood in LA is down. Even if the bill does not pass this time around, it may generate enough momentum for future legislation or the upcoming decision by California’s Supreme Court when they review the situation next year.
Marijuana Media Propaganda continues today
The line between propaganda and politics can be razor thin. Laws in this country are often passed only when jobs are on the line and/or the public demands action. Propaganda has been used throughout history to perpetuate the political and social agendas. Marijuana in the 20th and 21st century in America is a standout example of this.
Most of us at least viewed clips of “Reefer Madness” and while this would be considered absurd by today’s standards, it actually may have helped set marijuana back by decades. As always, people feared the unknown. As a result there has been a cultural and generational divide for so long. It is now only in recent years with global communication now becoming instant, that we are seeing a real difference. The facts are taking hold and patients are able to share their stories. However technology often has its drawbacks, and of course the internet is no different.
With marijuana skyrocketing in acceptance and popularity, it no longer is viable for the media to claim that “marijuana is the smoke of hell”. The media now tries to deceive in a more subtle way. “Spin” is the common term used in political and campaign circles when describing how to take a singular event and dress it up in a way that is politically self serving. This week alone we were able to see two high profile examples of this. We at marijuana.net were not even looking for these stories, but there are so many like this that they basically fell into our laps.
We reported several weeks ago that cannabis was found to help patients deal with the symptoms of MS. Another study published this week stated that marijuana does not stop the spread. No one made the claim that marijuana would be curing MS, just that a patient’s quality of life can improve if they use medical marijuana. The article headlines regarding the study jump on marijuana not being able to cure the condition, placing a negative focus on medical marijuana. Would we say that aspirin is a failure because it did not cure a migraine but allowed a person to have a pain free afternoon? In another separate story, media outlets jumped on a poll that showed that California residents were split and even slightly opposed to totally legalizing marijuana. However, the polls also show that an overwhelming 80% of residents in California want medical marijuana to be permitted. Many of the articles barely mention this while jumping on the legalization numbers. However, is it not impressive and newsworthy that such a diverse state has come to a consensus on medical marijuana especially in the midst of the LA City Council trying to shut down dispensaries?
Blatant falsehoods regarding marijuana may be on the decline, but this new propaganda war will be fought much more subtlety. This is a headline reading culture with many people not taking the time to read what is under the title, and those with an anti cannabis agenda certainly are aware of this. As creative as the headlines can be, they are often devoid of any charm after the title sentence and we just ask that you read on.
Medical Marijuana Industry News June 1, 2012
Anti- Marijuana Stance may have caused Congressman his Job…
The Huffington Post’s website recently posted an article that describes a congressional election that may have been won and lost because of medical marijuana. What has marijuana advocates even more excited is this did not occur in California, Washington, or Colorado, but in Texas. El Paso Democrats decided to let Rep. Silvestre Reyes exit office in favor of Beto O’Rourke. While the race was for the primary, the mostly Democratic district is expected to choose O’Rourke, the winner of this race. Over the years, Reyes has been very adamant in his opposition to marijuana reform. The election seems to have highlighted El Paso voters concern with the growing violence along the Mexican border. Beto O’Rourke helped to push a 2009 legalization resolution in response to the growing problems along the border. Reyes, who maintains very close ties with President Obama and former President Clinton opposed and said that the district risked losing federal funding even if they simply discussed and debated the issue. Residents did not find the explanation of his opposition satisfactory and have moved on. Activists nationally are showing their political muscle as the Attorney General race in Oregon also may have been determined by the candidate’s position on marijuana.
Click here for the Huffington Post article which describes the story in further detail
Poll: California Residents overwhelmingly support medical marijuana but split on total legalization…
As the Los Angeles City Council is considering a ban on all dispensaries in the city, California residents should make them think twice. A new poll shows that an absolute vast majority of residents in the state support medical marijuana. Apparently, the growth of medical cannabis has not caused residents to want an end to the program. Today, the City Council may choose to shut down all of the dispensaries while allowing patients to grown their own medication. Activists say that could compromise “safe access” as many patients do not have the means or knowledge to grow safe medicine. Another plan will also be discussed that would limit the amount of legal dispensaries to 100. All of this is a temporary fix until the state supreme court issues a ruling which is expected next year. The poll also shows that Californians are mixed on recreational legalization and only 46% favored it. Interestingly enough, the rest of the country may support legalization even more than residents in California as a recent poll showed 56% of Americans were in favor. With such strong support from the people on medical marijuana but still opposition from lawmakers, an eventful year is expected.
Click here for info and Toke of the Town’s Coverage
White House Ignores Returning Soldiers Pleas for Medical Marijuana…
It is not secret that for generations American soldiers have returned home only to fight a new internal struggle. While marijuana has showed great promise in treating PTSD symptoms, the federal government has refused to alter their position. Thousands of veterans banded together and sent in a petition requesting that the White House reconsider its stance on medical marijuana. Unfortunately they have been rejected. PTSD is a serious and often underrepresented condition. Statistics actually show that suicides are far more of a risk for military personnel as they outnumber combat deaths by a staggering 25-1 margin. Al Byrne, co-founder of the Veterans for Medical Cannabis Access (VMCA) said in response, “Vets have used cannabis for PTSD since the Revolutionary War, we know what we need and to be told by our President, the Commander in Chief, that he does not care about those he has sent to war by denying medicine to the wounded is unconscionable.”
For more on this story click here
Strange News: Denny’s Customer tries to pay for meal with Marijuana…
Although marijuana.net is pleased with the progress the marijuana reform has made, the following story shows us why educating is so important. We encourage readers to check out our legal section and to verify the marijuana laws in your state. However, even education may not have been enough for a man in Niagara, NY. The man tried to pay for his burger and fries at a local Denny’s (approximately $10) with one dollar of acceptable United States currency, and the rest with marijuana. When employees did not accept the well thought out proposal, the man bolted for the nearby woods. Reports indicate that employees informed police of where the man lived. It is unclear as to what charges may be brought if he is caught because he did not eat any of the food and New York has decriminalized marijuana possession for amounts under 25 grams. The penalty is a civil citation carrying a maximum of a $100 fine. It is unclear if authorities will view the action more severely considering he attempted to use the marijuana in a transaction.
Poll: Marijuana Legalization is now Supported by Majority of Americans
While the past decade has seen a tremendous shift in the American attitude toward medical marijuana, overall legalization was something many analysts did not expect the country to embrace just yet. In regards to marijuana, many have always felt change would come slowly. For the activists in the 1940s through the mid 1990s, progress moved at a glacial pace. Even after California changed the course of history in 1996, many analysts dismissed the newly legalized medical marijuana program as a fad that would quickly fade. The previous decade proved just how far removed from the truth such sentiments were, but still, even some of the most passionate advocates held little faith in how quick Americans would change their view on legalizing recreational cannabis use.
Gallop has been asking participants since 1969 year on whether or not they feel that marijuana should be legal. When the poll was first conducted only 12% of respondents agreed with legalizing cannabis. In 1978 Gallop found that 21% of respondents said they welcomed the acceptance of marijuana. This would drop again in the 1980s to 13% and as low as 11% in 1991. History will show that the efforts of Dennis Peron only 5 years after such a low point for marijuana acceptance was nothing short of a modern political miracle. The public did not have all of the facts and many snickered at the idea of marijuana being used to improve quality of life for struggling patients. Since 2002, support for marijuana legalization has steadily been climbing, and now for the first since polling began, a majority of Americans now support legalizing recreational marijuana use and wish to see it regulated in a similar way to alcohol and tobacco. Click here for more information on the most recent poll on marijuana legalization, which now stands at a record high of 56%.
Much of the time marijuana activists focus has been on the 40 year old war on drugs launched by President Richard Nixon. Interestingly enough marijuana acceptance’s lowest point was only about 20 years ago, not 40 or 50 years ago, making the change in sentiment that much more pronounced. Shifts on many social issues show a new generation’s impact on the electorate and more awareness for previously eligible voters. It seems government officials may have overreached as people seem to be embracing a more libertarian attitude and are seeking for the government to stay out of personal decisions. They are no longer looking up to the men in suits for approval on how they conduct their daily lives. Additionally we are in the age of communication where stories can be shared around the world instantaneously.
Between the 1960s and 1990s individuals who tried marijuana still responded negatively in polls and viewed it as a significant problem. Perhaps they were made to feel guilty by society or assumed serious behavior/health problems would follow if they had continued to use cannabis. Now with an abundance of scientific information, patients testimonials, and a reminder that over 40 years later, the Woodstock generation still cannot recall anyone who died from cannabis use, the facts are taking control of the argument. With multigenerational support for marijuana reform the conversation has shifted from “if” to “when”.
Bruce Margolin’s Congressional Run Brings Hope for Marijuana Patients and Activists
To the dismay of some of our elected officials, marijuana reform is moving higher on the list of voter priorities. President Obama has has been dogged by questions regarding what appears to be a shift in his marijuana enforcement position. More recently, voters showed that they are no longer willing to tolerate the failed 40 year war on drugs and elected retired judge Ellen Rosenblum, a huge supporter of marijuana rights.
High profile attorney and longtime ally of the marijuana movement, Bruce Margolin, provides even more hope for those seeking a common sense approach to cannabis law. Margolin announced last month that he would be running for California’s 33rd Congressional district. This district covers the Los Angeles’ coastal area and many feel the district could benefit tremendously from Mr. Margolin’s leadership. He is running on a platform that seeks changes in many key areas such as immigration reform, economic fairness, and defending civil liberties.
Bruce Margolin also has a long track record for defending patients and activists. He has lent his assistance to individuals involved with marijuana cases for over 40 years. On his legal website 1800420laws.com, Mr. Margolin directly states his view on marijuana by saying “NO ONE belongs in jail for marijuana.” He also has served as a director of Los Angeles chapter of NORML for 29 years, contributing to so much of the progress in the marijuana reform movement. His long track record in marijuana law has made him the premiere legal expert on cannabis law in the United States.
With the injection of Super Pacs on an already polarized nation, the 2012 election already had the makings of a historic and nasty election. Additionally, there will be at least two states (Washington, and Colorado) and possibly others where residents will have the opportunity to vote on legalizing recreational marijuana use. Bruce Margolin is entering the congressional race at the perfect time. Patients, marijuana activists, immigrants, same sex couples and so many others desperately need representation in this political climate where federal authorities are still intent on violating our freedoms.