Feds Take New Action in Crackdown on Dispensaries

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MarijuanaFederal prosecutors on Tuesday expanded their crackdown on California medical marijuana dispensaries, filing three lawsuits and sending warning letters to more than 60 clinics in two Orange County cities.

The asset-forfeiture lawsuits filed against landlords who own buildings that house six marijuana shops in Anaheim and the letters order the closure of the clinics or possible criminal charges will be filed.

More than 300 pot stores and grows have been targeted in the Central District of California, which stretches from Santa Barbara to San Bernardino counties, since October when the state’s four U.S. attorneys announced an effort to curb dispensaries.

Prosecutors argue dealers and suppliers are using the state’s medical pot law, approved in 1996, as legal cover for running sophisticated drug-trafficking ventures in plain sight. Marijuana remains illegal under federal law.

Medical marijuana advocates argue the collectives are protected by California law, which allows the drug to be cultivated and supplied to ill people on a nonprofit basis.

The crackdown comes amid a shift by municipalities and law enforcement agencies that say the clinics are abusing the law and in some cases overrunning neighborhoods. Last month, the Los Angeles City Council voted to ban as many as 900 storefront dispensaries in the coming weeks.

A medical marijuana trade group has since sued the city, claiming the ban violated constitutional rights. Activists are also working to qualify a ballot measure to repeal the ban.

In all, 66 warning letters were sent to marijuana dispensaries in Anaheim and La Habra. Some have closed recently, but federal authorities said 38 remain open.

Source: Associated Press (Wire)
Published: August 21, 2012
Copyright: 2012 The Associated Press

Get Real About Initiative To Legalize Marijuana

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Revelers at Seattle’s Hempfest celebration of marijuana were offered a debate by supporters and opponents of Initiative 502. We hope they were sober enough to think through it.

For the first time, it is possible to envision an end to marijuana prohibition. That is a huge change — a huge possible change that hasn’t happened yet. But prohibition replaced by what? Any new regime will have to be acceptable to a majority of people — and not just a majority of revelers at Hempfest or voters in liberal Seattle.

This fall, voters in Washington are being offered Initiative 502. For marijuana activists, it probably is not the ideal offer. The proposed law limits possession of smokable marijuana to one ounce. It has a blood-THC standard for driving a car, and no such standard exists now. It has heavy taxes. It doesn’t allow private growing of marijuana plants except by medical patients.

All this has occasioned bellyaching among cannabis users.

Our advice: Get real. Voters in Washington are just now ready, for the first time, to allow marijuana to be grown, processed and used for recreational purposes.

They are not ready to do this without a standard of intoxication for driving, or without licensing and regulation of people in the business, or without taxing marijuana like tobacco and alcohol.

Hempfest revelers should remember: Your festival is tolerated because Seattle people don’t agree with prohibition.

Nonetheless, state law still says possession of marijuana, except for medical patients, is punishable by fines and imprisonment.

In November, voters will be offered a law that declares possession of a limited amount of marijuana by adults is no longer punishable by fine or imprisonment.

Think carefully before rejecting the offer.

Source: Seattle Times (WA)
Published: August 20, 2012
Copyright: 2012 The Seattle Times Company
Contact: [email protected]
Website: http://www.seattletimes.com/

Pot Fans at Hempfest Divided Over Legalization

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Washington’s annual Hempfest — a three-day celebration of pot, bongs and hemp bead necklaces that is typically one of Seattle’s largest festivals — was uncharacteristically worked up Saturday over what should have been cause for laid-back cheering: a fast-gaining ballot initiative to legalize possession of small quantities of marijuana.

Ballot measures to legalize marijuana are sprinting toward the polls in three Western states in November. Marijuana supporters say Washington’s vote on Initiative 502 is important to maintain national momentum on an issue that is beginning to see steady gains in popular support.

But the pro-marijuana community here is deeply divided over the measure. Beneficiaries of the state’s medical marijuana law fear that legalizing and regulating pot use would subject pot patients to potential arrest under the measure’s strict impaired-driving provisions.

The result has been an undercurrent of discord amid the celebratory haze on the scenic Seattle waterfront. Dedicated pot proponents find themselves amazed to be in opposition.

“I never in a million years imagined myself to be on a stage advocating against the passage of a marijuana legalization law,” Steve Elliott, who writes the “Toke Signals” column for the Seattle Weekly, said at a civilized but highly divided debate on I-502 on the “Hemposium” stage.

Legalization measures also are on the ballot in Oregon and Colorado. Washington’s I-502 would eliminate civil and criminal penalties for possession of up to an ounce of marijuana for people 21 years and older and set up regulations for the substance to be taxed and sold at state-licensed stores.

Its most controversial feature — at least among marijuana proponents — is that it would set up a new driving standard based on a definable blood limit for marijuana. This is a stricter regulation than the current impaired-driving laws and one that many medical marijuana patients believe they would be unable to meet after regular medicinal doses.

They fear they might be subject to arrest for driving even days after their last marijuana dose.

I-502 has gained substantial mainstream support in liberal western Washington, where Seattle’s mayor, its city attorney, several members of the City Council, two former U.S. attorneys and the former special agent in charge of the local office of the FBI have all come out in favor of it, along with a number of state legislators.

“Here’s what we know: Prohibition has not worked,” Mayor Mike McGinn told supporters who lazed in the grass a cloud of cannabis haze. “It’s fueled criminal violence. Right now in this city, people are murdering each other over pot…. It’s time to stop. It’s time to tax it, regulate it, legalize it.”

Steve Sarich, a longtime activist in the medical marijuana community who heads the official campaign to defeat I-502, was not even invited to attend Saturday’s debate at Hempfest.

The opposition was instead left to Elliott and legislative analyst Kari Boiter to argue.

“They’ve locked us out of the debate,” Sarich said.. “But quite frankly, Hempfest is 250,000 people and 60 voters, so we don’t necessarily expect to make a whole lot of converts, because most of the people here don’t even vote.”

“Never has an issue divided our community like 502,” said debate moderator Don Wirtshafter. “Hopefully, here we can use the Hempfest festival to work toward more energy, and what we can agree on.”

The head of the campaign to pass I-502, Alison Holcolmb, urged the crowd to remember that it’s already a crime to drive while under the influence of marijuana.

But opponents say it is wrong to force a vote on an initiative about which so many are so deeply divided when a less controversial ballot measure might be taken up later.

“I don’t want to see another law on the books that police can use to harass us with,” Boiter said of the controversial driving provisions.

Keith Stroup, a co-founder of the National Organization for the Reform of Marijuana Laws, told the crowd that while the initiative is “not perfect,” it is important to capitalize on the momentum of three recent national polls that have shown 50% popular support or more across the nation for marijuana law reform.

“For the first time in the 41 years that NORML has been involved in legalization of marijuana, we actually have won the hearts and minds of the majority of the American public, and that is terribly important,” Stroup said.

He said wins in Washington, Colorado and Oregon could begin to provide the basis for pushing Congress, until now steadfastly opposed to ending marijuana criminalization, to start reconsidering.

“We need to have one or two or three states with the courage to stand up to the federal government and say, ‘To hell with you,’” he said. “This initiative, if it passes, and I fully believe it will, will forever be seen as the defiant step that led to the end of marijuana prohibition. They will be writing about this, folks, in history books for decades.”

Source: Los Angeles Times (CA)
Author: Kim Murphy, Los Angeles Times
Published: August 19, 2012
Copyright: 2012 Los Angeles Times
Contact: [email protected]
Website: http://www.latimes.com/

L.A. Pot Shop Owners Vow To Overturn Ban

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Medical marijuana dispensary owners across Los Angeles will be receiving glum news in the mail this week: a letter from the city telling them it’s time to shut down. But despite threats of fines and jail time, some dispensary owners have vowed to stay open.

They say they are working hard to qualify a ballot measure to overturn the ban on storefront sales of medical marijuana passed last month by the Los Angeles City Council.

The letter from the city, sent Tuesday from the office of City Atty. Carmen Trutanich, says dispensaries have until Sept. 6 to comply with the ban. Shops that refuse to shut down may be subject to penalties of $2,500 a day and up to six months in jail.

Dispensary owner Yamileth Bolanos, who heads the Greater Los Angeles Collectives Alliance, said she hadn’t gotten the letter yet. But she was defiant: “I’m not shutting down.”

Bolanos, who believes the city could have come up with a workable policy that would limit the number of dispensaries while also ensuring patients have access to the drug, said her group’s current focus is on collecting signatures for a voter referendum to overturn the ban.

The process of getting signatures has already begun, according to Don Duncan, California director for Americans for Safe Access. He said about 27,500 people must sign the petition for the referendum — or one-tenth of the voters who participated in the last mayoral election.

Last month’s ban was seen as a turning point in the city’s seemingly unending battle to regulate the distribution of medical marijuana.

It will outlaw the estimated 1,000 or so storefront dispensaries in the city, but it will still allow patients and their caregivers to grow and share marijuana in groups of three people or fewer.

From The LA Times Blog

Source: Los Angeles Times (CA)
Published: August 16, 2012
Copyright: 2012 Los Angeles Times
Contact: [email protected]
Website: http://www.latimes.com/

Legalizing Marijuana Could Bring Windfall To State

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The initiative to legalize, tax and regulate marijuana in Washington was estimated on Friday to raise up to $1.9 billion in new tax revenue over five years — or zero.

The wild swing, included in an analysis by the state Office of Financial Management, reflects broad uncertainty about the potential federal intervention in an initiative that would set up the nation’s first regulated market for recreational marijuana use.

The sky-high revenue estimate, which was previously disclosed in March, is based on an assumption that 363,000 customers in Washington would consume 187,000 pounds of marijuana in new state-license retail shops if Initiative 502 were approved in the Nov.  6 election.

If it does pass, I-502 would earmark $227 million a year of new marijuana taxes for the state’s basic health plan and $113 million a year for drug research, prevention and treatment.

Statewide administrative costs, covering such things as training police and licensing, would be more than $16 million a year.

But the fiscal analysis makes clear the “significant uncertainties related to federal enforcement of federal criminal laws” outlawing marijuana.  The analysis says that federal law enforcement could possibly target state-licensed growers and retailers, which “may prevent the development of a functioning marijuana market.”

Attached to the analysis is a 2010 letter from U.S.  Attorney General Eric Holder, sent as California voters were considering legalizing marijuana, vowing to “vigorously enforce the CSA ( Controlled Substances Act ) against those individuals and organizations that possess, manufacture and distribute marijuana for recreational use, even if such activities are permitted under state law.”

Alison Holcomb, campaign manager for I-502, said the federal response may depend on the margin of victory.  She noted that the federal government has only sporadically intervened in the medical-marijuana industry, and usually only when operators appear to be abusing state law.

“Voters need to know that the federal government is giving us the room to show what we want to do,” she said.

This analysis tried to tally some costs and savings for legalized marijuana but lacked data to estimate savings from fewer drug prosecutions.  In 2011, 9,308 charges were filed in local and superior courts statewide for possession of less than 40 grams, which would be legal under I-502.

A new DUI threshold for marijuana — a provision deeply unpopular with medical-marijuana patients — would likely raise nearly $4 million in fees from drivers charged under the provision.

On Friday, the state Official of Financial Management also released an analysis of Initiative 1240, which would allow the creation of charter schools.  I-1240 would cost $3.1 million over five years, mostly to establish an application process, and to run an oversight commission.

The initiative would authorize as many as 40 charter schools, which are free, public, independent and can hire nonunion teachers.  They would be funded the same way as traditional public schools, on a per-student basis.

Staff reporter Brian M.  Rosenthal contributed to this report.

Pubdate: Sat, 11 Aug 2012
Source: Seattle Times (WA)
Copyright: 2012 The Seattle Times Company
Contact: [email protected]
Website: http://seattletimes.nwsource.com/
Author: Jonathan Martin

Activist Gets House Arrest After 37 Lbs Of Pot Found

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The medical use of marijuana was on trial Friday at the Sudbury courthouse.

David Sylvestre was sentenced to 10 months under house arrest after pleading guilty to production of a controlled substance — cannabis and cannabis resin — he said he uses to treat severe diabetes.  Sylvestre, 54, was also charged with possession for the purpose of trafficking and possession of property obtained by crime in February 2009, after a search warrant executed at his St.  Charles home turned up almost $100,000 worth of illicit substances.  Those charges were withdrawn.

Police seized 37 pounds of marijuana, 12 pounds of cannabis oil or resin and $1,300 in cash at Sylvestre’s home.

Sylvestre appeared in the Superior Court of Justice before Justice Robbie Gordon, who heard submissions from Sylvestre’s lawyer, Denis Michel, and Crown prosecutor Denys Bradley prior to delivering his sentence.

Michel was seeking a conditional sentence of house arrest for his client and Bradley was seeking a jail sentence of nine to 12 months.

About 40 supporters of Sylvestre’s, in favour of the medical use of marijuana, packed into Courtroom J to lend support to the man who ran for the Green Party of Ontario against Sudbury Liberal MPP Rick Bartolucci in the 2007 election.

Michel said his client had never been in trouble with the law and was a practitioner of natural medicine who derived a product from marijuana he thought was a “miracle cure” for controlling diabetes.

Sylvestre has post-secondary education in chemical engineering and was growing marijuana and experimenting to see whether it could replace the conventional medications and insulin he was taking for diabetes.

Sylvestre worked for more than 25 years and raised a family, and when he was charged by police, he and his family were just “getting on with enjoying the Earth’s benefits,” said Michel.

Michel told the court while Sylvestre had a prescription from a physician for the use of marijuana and had applied to Health Canada for permission to use the substance, he hasn’t been licensed to do so.

Gordon questioned why Sylvestre would have grown such a large quantity of marijuana when he said he needed less than eight grams a day to control diabetes.

The judge pointed out police seized 36.9 pounds of marijuana buds, 12 pounds of cannabis resin and 38 plants from six to 18 inches tall.

“Does that seem to you to be an inordinate amount?” he asked Michel.

Michel agreed it did, but said Sylvestre needed that quantity to produce the substance that gave him relief from diabetes symptoms.

“I’m not saying it’s a cure for everyone,” said Michel of his client’s use of cannabis to control diabetes.

But his client didn’t want to become wheelchair-bound from complications from the disease.

Sylvestre later told Gordon, because he hadn’t grown marijuana before, he didn’t realize how much of the substance he was producing.

Michel said his client was not a danger to society.

“A conditional sentence is jail, it is custody.  There’s no denying it,” said Michel.

Some people think it’s a “glorified probation order,” he said, but it’s not.

Bradley spoke of the impact a grow operation this size could have on the wider community, suggesting people like Sylvestre are “the reason there are drugs in schools in our community.”

Sylvestre’s supporters booed and jeered at that remark before being admonished by Gordon they weren’t doing Sylvestre any favours.

Bradley urged the judge to send a message to citizens with his sentencing of Sylvestre that jail is the result of running “large, sophisticated” grow operations.

Sylvestre told Gordon he did not have “monetary profit” in mind when he grew the large quantity of marijuana.

At one point, Gordon cautioned Sylvestre he was venturing “a little far afield” when he spoke about nutrition and soils in relation to diabetes, urging him to stick to the matter at hand.  “I have an intent to do no harm in honesty and integrity,” Sylvestre told the judge.

“I am not a criminal, not at all, and so I stand here before you …  I could tell you lots more, but it would probably not be what you want to hear.”

Sylvestre said he watched a friend die of diabetes-related complications, and feared that was his fate if he continued with traditional medicine.

He even contemplated suicide, “that’s how bad my quality of life was,” said Sylvestre, who is now on a disability pension.

He said it was “unbelievable” he would be denied a way to improve his health, but he said he had no intentions of breaking the law.

“I want to prosper life, not just for me but for everybody,” he said.

Gordon asked Sylvestre what happens when that desire conflicts with the law.

Sylvestre said people should work to change those laws.  Several members of the gallery cheered.

Said Sylvestre: “I cannot just sit back and do nothing, but I will not break the law.”

An activist involved in Occupy Sudbury protests, the anti-poverty movement and community gardening, Sylvestre said he tells people to “respect the law” and “do no harm.

“I don’t know what else to say.”

Gordon said he believed Sylvestre did not sell the cannabis he grew, but Gordon said he “wasn’t naive enough to believe it wasn’t shared with others.”

Bradley had told the court he feared just that — that cannabis shared with others would end up in the wrong hands.

Gordon said he doubts Sylvestre will stop using cannabis, but said he did not think Sylvestre posed a threat to the community.

This is one of the rare instances where a conditional sentence is appropriate, said Gordon.

“This is no slap on the wrist,” and 10 months of house arrest reflects that.

Under the terms of his sentence, Sylvestre must remain at his home in the Flour Mill at all times except for medical appointments and Saturdays from 10 a.m..-4 p.m.

He cannot possess weapons for 10 years.

When asked if he could comply with those conditions, Sylvestre said yes.  “Good luck,” said Gordon before adjourning.

Supporters broke into loud applause, cheers and whistles, crowding around Sylvestre and hugging him as he spoke with reporters.

Sylvestre said he was never worried about going to jail, although his family was.

One of his supporters, a man about 30, began to weep when Sylvestre repeated his mantra of “no harm in honesty and integrity.”

Said the man: “That’s Dave.”

MJ Ballot Measure Favored By Colorado Voters

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A new poll released this week by Public Policy Polling shows that likely voters in Colorado are in support of Amendment 64, the ballot measure that seeks legalization and regulation of marijuana similar to that of alcohol — and that support appears to be growing.

The survey of 779 likely Colorado voters conducted between the dates of August 2nd and 5th shows 47 percent would vote for Amendment 64 if the election were held right now and only 38 percent would vote against it. 15 percent of those surveyed were “not sure.”

Read PPP’s full report and see the question’s wording here: http://www.publicpolicypolling.com/pdf/2011/PPP_Release_CO_080812.pdf

The poll also suggests support is growing for Amendment 64 in the Centennial State. Back in June, PPP conducted a similar poll and those in favor of the legalization measure narrowly outpaced the opposition 46 percent to 42 percent. Now, two months later, that support has grown to 47-38. The reason for this, according to PPP, are the independent and young voters who are increasingly in favor of legalization. From the PPP report:

This movement is entirely because of independents, who were already in favor of the amendment by a 49-40 margin; they now support it by 30 points, 58-28. Democrats are still slightly more in favor (59-22) than Republicans opposed (26-61).

Voters under 45 support it by a 58/30 margin, while those over 45 oppose it by a 44/39 margin.

This is the highest percentage of Colorado voter support for Amendment 64 that a PPP poll has shown to date. The survey also showed growth in general sentiments about marijuana legalization with 50 percent of those surveyed in favor of marijuana usage being legal and 42 percent in opposition to marijuana legalization (8 percent were “not sure”). This percentage is also slightly up from June’s support at 49-43.

However, Amendment 64′s opponents at “No on 64″ say that this percentage of approval is simply not high enough to pass. From a press release:

Ballot measures usually require a much higher level of support at this point in an election cycle because the default position for most voters is no, especially when it comes to amending the Colorado Constitution. In October 2008, a Mason-Dixon poll found Amendment 59, a school funding proposal, at 41% approval. It failed 55%-45%.

An October 2010 poll by SurveyUSA for The Denver Post and 9News revealed that 20% of polled voters supported the “personhood” Amendment 62, while 56% were opposed and 25% were undecided. Amendment 62 failed 70%-30%. Another 2010 ballot measure, Amendment 63, an attempt to undercut the Affordable Care Act, also failed 53%-47%.

But survey results often rely on question wording and marijuana legalization has seen other higher poll numbers recently. PPP’s survey follows a June Rasmussen poll of 500 likely Colorado voters which showed 61 percent were in favor of legalizing marijuana if it is regulated the way that alcohol and cigarettes are currently regulated.

Coloradans are getting ready to vote on Amendment 64 and will decide whether Colorado should legalize marijuana this November — a vote that some say could affect the presidential race in a state where marijuana dispensaries in Denver alone outnumber the Starbucks throughout the entire state, The Denver Post first reported in 2010.

This will be the second time Coloradans will vote on recreational pot legislation — state voters considered and rejected a similar recreational pot legalization initiative in 2006. But Mason Tvert, co-director of the Campaign to Regulate Marijuana Like Alcohol, believes that Colorado has come a long way since 2006, he recently told The Huffington Post:

More Coloradans than ever before are aware of the fact that marijuana is not as dangerous as they have been led to believe and is actually far less harmful than alcohol.

They have also seen firsthand via our medical marijuana system that it is possible for the state and localities to regulate and control the production and distribution of marijuana. They have read stories that quote law enforcement officials acknowledging that it has not contributed to crime or caused any significant problems.

The environment here has changed dramatically.

The marijuana legalization initiative also recently received support from both Republicans and Democrats — in March, 56 percent of the delegates at the Denver County Republican Assembly voted to support the legislation, and in April, the Colorado Democratic Party officially endorsed Amendment 64 and added a marijuana legalization plank to the current party platform.

Source: Huffington Post (NY)
Author: Matt Ferner, The Huffington Post
Published: August 10, 2012
Copyright: 2012 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Congresswoman Barbara Lee Sponsors Legislation

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California Rep. Barbara Lee won’t be spooked by the Justice Department’s aggressive curtailing of medical marijuana dispensaries in her own backyard.

Lee, a top Democrat on the House Appropriations Committee, introduced the States’ Medical Marijuana Property Rights Protection Act in Congress this week, which she says would curb the Obama Administration’s efforts to intimidate state medical marijuana dispensaries from setting up shop.

“The people of California have made it legal for patients to have safe access to medicinal marijuana and as a result thousands of small business owners have invested millions of dollars in building their companies, creating jobs, and paying their taxes,” Lee says. “We should be protecting and implementing the will of voters, not undermining our democracy by prosecuting small business owners who pay taxes and comply with the laws of their states in providing medicine to patients in need.”

The bill will make it illegal for the federal government to seize the assets of medical marijuana business owners, a tactic DOJ has begun using to crack down on pot shops. While DOJ rarely takes legal action against businesses that comply with their local and state laws, Americans for Safe Access, a group that is committed to legalizing medical marijuana says the threat alone has been enough to scare roughly 400 medical marijuana dispensaries in the state of California to close their doors.

The Justice Department has sent roughly 300 letters to landlords in California and Colorado threatening to file lawsuits if they don’t stop operating dispensaries.

“For the price of postage, the Justice Department gets to threaten an entire population of property owners and it is a very effective tactic,” says Kris Hermes, a spokesman with Americans for Safe Access.

Lee announced her legislation just weeks after U.S. Attorney Melinda Haag filed a lawsuit against Oakland and San Jose, Calif.-based medical marijuana dispensary Harborside Health Clinic. Haag argues the clinics, which serve about 100,000 medical marijuana users, could be violating local laws because of the number of patients they provide pot to.

“The larger the operation, the greater likelihood that there will be abuse of the state’s medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need,” Haag said in a statement.

The asset forfeiture lawsuit caused an uproar in the community, with thousands of signatures gathered for an anti-lawsuit petition drive, protests, and political rallies.

“They won’t stop until they have closed every single regulated law-abiding dispensary in California unless people rise up and say enough is enough,” says Steve DeAngelo, the executive director at Harborside Health Clinic. But DeAngelo says it wasn’t always this way.

The federal government’s dogged pursuit of medical marijuana dispensaries has escalated since 2009. On the campaign trail and at the beginning of President Barack Obama’s time in office, medical marijuana seemed low on the administration’s priority list.

“I think the basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that’s entirely appropriate,” Obama said in the Spring of 2008 during an interview with Oregon Newspaper, the Mail Tribune. “I’m not going to be using Justice Department resources to try to circumvent state laws on this issue.”

Seventeen states and the District of Columbia have medical marijuana laws and Americans for Safe Access estimates the Justice Department has carried out roughly 200 raids on dispensaries or growing facilities in nine states.

Hermes fears if the lawsuits persist, patients who need medical cannabis could be forced into the unregulated drug market. “[Rep. Lee’s] law would take the wind out of the sails of the Justice Department to intimidate dispensaries who are serving patients in need,” Hermes says.

Source: U.S. News & World Report (US)
Author: Lauren Fox
Published: August 3, 2012
Copyright: 2012 U.S. News & World Report
Website: http://www.usnews.com/

MMJ Rescheduling To Be Heard In Federal Court

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Medical marijuana advocates will get their day in court later this year, when they argue the therapeutic value of cannabis.

The United States Court of Appeals for the D.C. Circuit agreed late last week to hear oral arguments in Americans for Safe Access v. Drug Enforcement Administration, a case that could have major implications for the rescheduling of marijuana out of Schedule I, a category that also includes heroin and LSD. Schedule I drugs are described as substances that have “a high potential for abuse, have no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug or other substance under medical supervision.” Rescheduling can take place either by congressional vote, or through independent action by the executive branch in the presence of new research.

Marijuana policy reformers initially petitioned the DEA in 2002, arguing that the current classification of marijuana was improper. In 2011, the DEA finally denied their request, prompting Americans for Safe Access to file a lawsuit earlier this year. Advocates are excited about the opportunity to present scientific evidence before federal court, and especially optimistic considering the recent release of a report that claims, in the clearest terms yet, that there are medical benefits to marijuana.

From the Americans for Safe Access press release:

The announcement of oral arguments comes just weeks after a study was published in The Open Neurology Journal by Dr. Igor Grant one of the leading U.S. medical marijuana researchers, claiming that marijuana’s Schedule I classification is “not tenable.” Dr. Grant and his fellow researchers concluded it was “not accurate that cannabis has no medical value, or that information on safety is lacking.” The study urged additional research, and stated that marijuana’s federal classification and its political controversy are “obstacles to medical progress in this area.” Marijuana’s classification as a Schedule I substance (along with heroin) is based on the federal government’s position that it has “no currently accepted medical use in treatment in the United States.”

Joe Elford, Chief Counsel with Americans for Safe Access, says the court’s decision is long-awaited.

“Medical marijuana patients are finally getting their day in court,” he said. “This is a rare opportunity for patients to confront politically motivated decision-making with scientific evidence of marijuana’s medical efficacy … What’s at stake in this case is nothing less than our country’s scientific integrity and the imminent needs of millions of patients.”

While marijuana is currently accepted for medical use in 17 states and the District of Columbia, the Obama administration and DEA have been unmistakably hard-nosed in their approach to the substance.

During congressional testimony earlier this year, DEA Administrator Michele Leonhart refused to say whether crack or heroin posed bigger health risks than marijuana.

The administration has meanwhile continued an aggressive crackdown on marijuana dispensaries in California.

Oral arguments in Americans for Safe Access v. Drug Enforcement Administration are set to begin on Oct. 16.

Source: Huffington Post (NY)
Author: Nick Wing, The Huffington Post
Published: August 1, 2012
Copyright: 2012 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Amsterdam’s Evolving Relationship With Weed

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Dutch pot smokers are complaining that the generation that was running around Amsterdam’s Vondelpark in the Sixties naked and on acid is now threatening the well-established, regulated marijuana trade in the Netherlands.

Responding to international pressure and conservatives in rural and small-town Holland, the federal government is cracking down on the coffeeshops that legally sell marijuana. But big-city mayors, like Amsterdam’s, will fight to keep them open. Amsterdam’s leaders recognize that legalized marijuana and the Red Light District’s prostitution are part of the edgy charm of the city; the mayor wants to keep both, but get rid of the accompanying sleaze.

The Dutch have learned that when sex and soft drugs are sold on the street rather than legally, you get pimps, gangs, disease, hard drugs and violence. Amsterdam recognizes the pragmatic wisdom of its progressive policies and is bucking the federal shift to the right.

Locals don’t want shady people pushing drugs in dark alleys; they’d rather see marijuana sold in regulated shops.

While in Amsterdam, I took a short break from my guidebook research to get up-to-speed on the local drug policy scene. I find this especially interesting this year, as I’m co-sponsoring Initiative 502 in Washington State, which is on track to legalize, tax, and regulate the sale of marijuana for adults (on the ballot this November).

The Netherlands’ neighboring countries (France and Germany) are complaining that their citizens simply make drug runs across the border and come home with lots of pot. To cut back on this, border towns have implemented a “weed pass” system, where pot is sold only to Dutch people who are registered. But the independent-minded Dutch (especially young people) don’t want to be registered as pot users, so they are buying it on the street — which is rekindling the black market, and will likely translate to more violence, turf wars, and hard drugs being sold. The next step: In January of 2013, this same law will come into effect nationwide — including in Amsterdam, whose many coffeeshops will no longer be allowed to legally sell marijuana to tourists.

Locals point out that the Dutch are not more “pro-drugs” than other nations. For example, my Dutch friends note that, while the last 20 years of US Presidents (Clinton, Bush, Obama) have admitted or implied that they’ve smoked marijuana, no Dutch prime minister ever has. Many Dutch people are actually very anti-drugs. The Dutch word for addiction is “enslavement.” But the Dutch response to the problem of addiction is very different from that of the US.

Being a port city, Amsterdam has had its difficult times with drug problems. In the 1970s, thousands of hard-drug addicts made Amsterdam’s old sailor quarter, Zeedijk, a no-go zone. It was nicknamed “Heroin Alley.” To fight it, they set up coffeeshop laws (allowing for the consumption of pot while cracking down on hard-drug use). Today Zeedijk is gentrified, there’s no sense of the old days, and various studies indicate that Holland has fewer hard-drug users, per capita, than many other parts of Europe.

From the mid-1980s to the mid-1990s, the number of coffeeshops exploded. The Dutch observed that marijuana use rates increased, too, so they made changes, closing shops that ignored rules or generated neighborhood complaints. Now, new coffeeshop licenses are no longer being issued, and the number of coffeeshops in Amsterdam has declined from a peak of over 700 to about 200 today. With the movement afoot to crack down on things, coffeeshops are trying harder than ever to be good citizens and to nurture good relations with their neighbors.

While most Americans like their joints made purely of marijuana, the Dutch (like most Europeans) are accustomed to mixing tobacco with marijuana. There are several reasons: Back in the 1970s, most “pot smokers” here smoked hash, which needs to be mixed with something else (like tobacco) to light up. Today, more Dutch prefer “herbal cannabis” — the marijuana bud common in the US — but they still keep the familiar tobacco in their joints. Tobacco-mixed joints also go back to hippie days, when pot was expensive and it was simply wasteful to pass around a pure marijuana joint. Mixing in tobacco allowed poor hippies to be generous without going broke. And, finally, the Dutch don’t dry and cure their marijuana, so it’s hard to smoke without tobacco. Any place that caters to Americans will have joints without tobacco, but you have to ask specifically for a “pure” joint. Joints are generally sold individually (for €3 to €5, depending on the strain you choose).

Coffeeshops are allowed only half a kilo (about a pound) of pot in their inventory at any given time. On a typical day, a busy shop will sell three kilos (and, therefore, take six deliveries). Very little marijuana is imported anymore, as the technology is such that strains from all over the world can be grown in local greenhouses. (And the Dutch wrote the book on greenhouses.) “Netherlands weed” is now refined, like wine.

The Dutch hemp heritage goes way back in this sailing culture. In the days of Henry Hudson, hemp was critical for quality rope and for sails. The word “canvas” comes from the same root as “cannabis.” In fact, there was a time when tobacco was the pricey leaf, and sailors mixed hemp into their cigarettes to stretch their tobacco.

Tourists who haven’t smoked since they were students are famous for overdosing in Amsterdam, where they can suddenly light up without any paranoia. Coffeeshop baristas nickname tourists about to pass out “Whitey” — because of the color their face turns just before they hit the floor. The key is to eat or drink something sweet to stop from getting sick. Coca-Cola is a good fast fix and coffeeshops keep sugar tablets handy.

No one would say smoking pot is healthy. It’s a drug. It’s dangerous, and it can be abused. The Dutch are simply a fascinating example of how a society can allow marijuana’s responsible adult use as a civil liberty and treat its abuse as a health-care and education challenge rather than a criminal issue.

They have a 25-year track record of not arresting pot smokers, and have learned that if you want to control a substance, the worst way to do it is to keep it illegal. Regulations are strictly enforced. While the sale of marijuana is allowed, advertising is not. You’ll never see any promotions or advertising in windows. In fact, in many places, the prospective customer has to take the initiative and push a button to illuminate the menu in order to know what’s for sale. And, surprisingly, marijuana is just not a big deal in the Netherlands — except to tourists coming from lands where you can do hard time for lighting up. A variety of studies have demonstrated that the Dutch smoke less than the European average — and fewer than half as many Dutch smoke pot, per capita, as Americans do.

Source: Huffington Post (NY)
Author: Rick Steves
Published: August 1, 2012
Copyright: 2012 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

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