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Medical Marijuana Industry News August 3, 2012

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Federal Crackdown on Dispensaries Continues in San Francisco…

There does not appear to be any end in sight for federal raids targeting marijuana dispensaries.  Attorney General Eric Holder has reiterated that they will not use federal resources to go after law abiding collectives, however that statement no longer appears true.  Without any evidence of wrongdoing, federal authorities announced their intention to shut down the iconic and world’s largest marijuana dispensary, Harborside Health Center.  This week we learned that two prominent San Francisco collectives, Vapor Room and Hope Net would also be forced to shut their doors.  HopeNet Co-founder Catherine Smith said, “The Justice Department sent our landlord one of those nasty letters.  So this is our D-Day, we have to leave.”  Ray Chico who operates the popular jar company Doob Tubes, said the dispensary closings are hurting more than just patients and collective employees.  He noticed his business also take a turn for the worse and has been forced to let go of staff.

 

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Michigan Court of Appeals Rules Cities Cannot Ban Marijuana Dispensaries…

Recently California’s 2nd Circuit of Appeals ruled that cities cannot outlaw marijuana dispensaries.  The Los Angeles City Council seemed undeterred by this and went forward with what may be considered an illegal ban on dispensaries.  Michigan courts have now issued a similar ruling.  In the city of Wyoming Michigan an ordinance was passed that outlawed collectives.   John Ter Beek of Wyoming Michigan filed a suit in 2010 challenging the ban, and the ACLU also joined the suit. Michigan’s appellate court ruled that a local ordinace does not overrule a state law.  In this case since medical marijuana is protected on a state level, local municipalities cannot enact laws that conflict with state laws and outlaw dispensaries.  Dan Korobkin of the ACLU was pleased with the ruling and said “In 2008, people across the state overwhelmingly voted to protect patients who use marijuana to treat their medical conditions from punishment and penalty.”

 

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Arizona Asked to Expand Medical Marijuana Program…

Arizona’s medical marijuana program got off to a rocky start and was delayed by two years after being passed by a vote of the people.  There are still calls by opponents of medical marijuana for Governor Jan Brewer to end the program.  Ms. Brewer did not have her most triumphant political moment in court and was chided by a federal judge for the way they handled the situation.  However, as the Governor has received a great deal of criticism by marijuana advocates, they may be praising her today.  Thirteen county attorney’s in Arizona drafted a letter formally requesting that Governor Brewer halt the medical marijuana program.  She has rejected the request and wrote a response letter where she said “I am duty-bound to implement the Arizona Medical Marijuana Act, and my agency will do so unless and until I am instructed otherwise.”  Patients will be pleased to hear this as the it ultimately is the responsibility of elected officials to carry out the will of the people, even if they do not agree with a situation on a personal level.

 

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Activists Urging Costa Mesa Voters to Lift Medical Marijuana Ban…

Advocates of medical marijuana submitted close to 6,800 signatures in an effort to get an initiative on the ballot to legalize non-profit medical marijuana collectives.  Dispensary owner Robert Martinez said “It’s imperative to provide safe access for veterans and cancer patients.  I’m super stoked to bring these signatures.”  The number of signatures is 1,000 more than the 5,812 required signatures which represents 10% of the Costa Mesa population.  However, often many signatures are invalidated during ballot initiatives and if the effort requires more signatures activists will only have until August 10 if they wish to have the issue placed before voters this November.

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Los Angeles City Council Unanimously Approves Dispensary Ban

los angles banYesterday 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

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Medical Marijuana Dispensaries Do Not Increase Teen Use, Study Shows

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The rise in teen marijuana use has been a popular discussion for several weeks.  As expected, some will blame medical marijuana dispensaries for the increase even without any data to support these claims.  As we have previously written, assessing a generation and a cultural shift is not as simple as blaming marijuana collectives.

New research indicates that teenage marijuana smoking does not rise in states with legalized medical cannabis.  This also builds on the recent data that showed marijuana collectives did not impact the crime rate in the Sacramento area.  Researchers analyzed data from the Youth Risky Behavior Survey which took into account information from the 13 legal medical marijuana programs from 1993-2009.  Professors from Montana State University, the University of Oregon and the University of Colorado found no data that shows a rise in teen use in areas with marijuana dispensaries.  One of the lead researchers, Professor Daniel I. Rees of the University of Colorado said “There is anecdotal evidence that medical marijuana is finding its way into the hands of teenagers, but there’s no statistical evidence that legalization increases the probability of use.”

Marijuana.net recently posted an article citing the recent data that shows a rise in teenage marijuana smokers as well as a reduction in younger tobacco smokers.  We also made the point that this rise may be due to a combination of factors, including new age information sharing.  Patient stories and scientific data regarding cannabis are instantly available to a generation raised during the information age.  Marijuana propaganda simply cannot hold water in today’s society.  Instead we should concentrate on having an open conversation with teens and accessing whether or not it is wise to continue our policy of non-regulation when it comes to cannabis.  The culture has shifted and marijuana is here to stay. Continued efforts to deny this are starting to appear silly.

However, appearing silly rarely serves as a deterrent for government officials.  This research serves as a rebuff to statements made by the Director of the Office of National Drug Control Policy.  The office continues to assert that medical cannabis collectives are contributing to a rise in teenage marijuana use despite having evidence supporting the claim.    The office may want to do some research as it is getting more difficult to mislead a population that is more informed than the Office of National Drug Control Policy.

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Colorado Collectives Warned by US Attorney

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The early part of this week has delivered mixed news for medical marijuana patients.  Those who attended the Cypress Hill Smokeout were treated to an excellent day long music festival and community gathering.  There was one unfortunate development regarding Colorado, where the federal government has put their collectives on alert however.

Colorado has taken extraordinary steps to ensure patient access including a state wide licensing system for patients (which is what many advocates are hoping to see in California after the state Supreme Court takes on the issue later this year) and a tighter grip on dispensaries operating under state law.  Additionally, a ballot initiative was successful and voters will get the chance to legalize marijuana for recreational use this November.  As we mentioned last week, 23 of the over 700 collectives in Colorado were closed down, which only represented approximately 3% of all dispensaries.

A U.S. attorney in Colorado, John Walsh, does not want anyone to feel comfortable as they seek medical relief.  The 23 collectives were shut down because they were not in compliance with state law.  In most cases it involved collectives being too close to schools.  President Obama and Attorney General Eric Holder (who may have his hands full explaining his position on the US government’s right to target and kill US citizens overseas in the name of anti-terrorism)  have said several times since their time on the 2008 campaign trail that they are not seeking to interfere with collectives and patients abiding by state law.  Eric Holder even reiterated this idea as recently as December.  However, John Walsh is saying that no collective should feel safe and that it is in his office’s discretion to go after any and all collectives in Colorado.  Of course his office has to answer to the White House so we can wait and see if team Obama plans on keeping their word during an election year.

While we do not want to see patient access restricted,  we should all take into consideration that a U.S. attorney may not want to describe a scenario where they basically green light a medical marijuana program that follows state laws, but is still under violation on a federal level.  While John Walsh says everyone is on notice, they did only carefully select 23 to shut down.  A spokesman for the U.S. attorney’s office mentioned that dispensaries can be shut down for other non cannabis related violations such as possession of firearms and possessing marijuana when they are not in compliance with state laws.  It sounds as if the U.S. attorneys are letting everyone know that they will go after any violation they can uncover.  This should not be news as we know the feds are salivating to flex their muscle.  However, with a vast majority of the country supporting medical marijuana, voters will have quite a bit to say in only a matter of months.  It is important that advocates take action and make it out to the voting polls this November and support patient compassion and relief.

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Medical Marijuana Industry News January 6, 2012

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Federal Judge Dismisses Governor Jan Brewer’s Medical Marijuana Lawsuit

 

Arizona’s medical marijuana program has been delayed since it was approved in November of 2010.  Five days before the state was set to accept applications from potential dispensaries, Governor Jan Brewer and Attorney General Tom Horne filed a lawsuit requesting that federal courts decide whether or not Arizona could carry out its medical cannabis program.  Governor Brewer’s administration has not accepted any applications as they awaited the outcome of this court decision.  Brewer has claimed she was seeking clarity and wanted assurance that no state employees could face federal prosecution.  U.S. District Judge Susan Bolton ruled the state did not clearly establish a “genuine threat of imminent prosecution.” Joe Yuhas, a member of the Arizona Medical Marijuana Association, stated “We would hope that our state leaders will now recognize it is time to stop wasting taxpayer dollars in an effort to thwart the will of the voters and move ahead with full implementation of the initiative.”  It is unclear how Governor Brewer’s administration plans to move forward.  Governor Brewer’s spokesperson said the ruling was a “tremendous disappointment”.  Advocates for medical marijuana are hoping to finally see the program move forward.  (Catch up on our earlier coverage of the story).

 

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Portland Dispensary Will Change Plans to Include Vapor Lounge

 

Last week marijuana.net reported on Wellness Connection, a medical marijuana dispensary in Portland, Maine seeking to add social comforts to their business.  As reported, the move would seem to go against state law.   Newer reports now indicate that Wellness Connection is no longer planning a vapor lounge, which would have encouraged social gatherings.  Stories on this new development have not commented on whether or not Wellness Connection would move forward with their plans for other socializing such as its coffee/tea bar and an acupuncture center.

 

San Jose Collectives May be Spared as Mayor Seeks Compromise on Law

 

San Jose Mayor, Chuck Reed indicated that he was willing to reconsider the scope of a new law approved by the City Council.  In September, the council approved a measure to restrict the number of collectives from over 100 to 10.  They would also have to grow all marijuana on site which could be very difficult due to space restrictions.  In turn, this could have an tremendous impact on the city’s ability to meet patient demand.  Medical marijuana advocates were able to collect over 49,000 petition signatures in order to qualify a referendum. The mayor has also requested that the city council raise the current tax rate on collectives from 7% to 10% as a way of generating additional revenue to cover upcoming costs associated with the upcoming election.  This week the mayor said that there are changes he could support to the current law but that “The question is whether a council majority will support them. My preference is that we can negotiate some kind of ordinance that we can all live with.”

 

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Tags: Jan Brewer, Arizona, medical marijuana, cannabis, ganja, weed, San Jose, Chuck Reed, City Council, collectives, Arizona Medical Marijuana Association, U.S. District Judge Susan Bolton, federal court, vapor lounge, wellness connection,

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