Democrats Promote Bills to Loosen Restrictions on Marijuana Industry

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During a press conference on Wednesday, Democratic congressmen from Oregon, Colorado, Washington, and California announced that they will push for legislation to loosen the restrictions on state-legal marijuana businesses.

The five representatives sponsoring reforms hope to ease the burden for businesses in the cannabis industry by allowing them to file for federal tax deductions, open bank accounts, and operate without fear of property or forfeiture claims. They plan to introduce three bills — the Marijuana Businesses Access to Banking Act, the States’ Medical Marijuana Property Rights Protection Act, and an amendment to the IRS code relating to state-legal marijuana sales — and will seek to attach these measures to other legislation moving through Congress.

“These are relatively minor technical adjustments,” said Representative Earl Blumenauer of Oregon, “and in times past, things like this would find their way to be part of larger pieces of legislation.” The Hill reported that the sponsors believe the bills have “little chance at moving on their own,” but that they may make it to the president’s desk if they are included in, say, the broader farm bill being debated before Congress.

The Democratic representatives were joined by businessmen involved in the sale of legalized marijuana for the announcement. Aaron Smith of the National Cannabis Industry Association told the press, “We are asking to be taxed. We are one of the only industries in the country coming to D.C. asking, ‘Tax us, but tax us fairly.’”

Supporters of the legislation claim that it will help end the dangerous “cash only” nature of state-legal marijuana businesses as well as solving conflicts between state and federal laws on the issue.

Link: http://www.nationalreview.com/corner/350273/democrats-promote-bills-loosen-restrictions-marijuana-industry-lindsey-grudnicki#comments

Source: National Review Online

Author: Lindsey Grudnicki

Blacks Are Singled Out for Marijuana Arrests

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Black Americans were nearly four times as likely as whites to be arrested on charges of marijuana possession in 2010, even though the two groups used the drug at similar rates, according to new federal data.

This disparity had grown steadily from a decade before, and in some states, including Iowa, Minnesota and Illinois, blacks were around eight times as likely to be arrested. During the same period, public attitudes toward marijuana softened and a number of states decriminalized its use. But about half of all drug arrests in 2011 were on marijuana-related charges, roughly the same portion as in 2010.

Advocates for the legalization of marijuana have criticized the Obama administration for having vocally opposed state legalization efforts and for taking a more aggressive approach than the Bush administration in closing medical marijuana dispensaries and prosecuting their owners in some states, especially Montana and California.

The new data, however, offers a more nuanced picture of marijuana enforcement on the state level. Drawn from police records from all 50 states and the District of Columbia, the report is the most comprehensive review of marijuana arrests by race and by county and is part of a report being released this week by the American Civil Liberties Union. Much of the data was also independently reviewed for The New York Times by researchers at Stanford University.

“We found that in virtually every county in the country, police have wasted taxpayer money enforcing marijuana laws in a racially biased manner,” said Ezekiel Edwards, the director of the A.C.L.U.’s Criminal Law Reform Project and the lead author of the report.

During President Obama’s first three years in office, the arrest rate for marijuana possession was about 5 percent higher than the average rate under President George W. Bush. And in 2011, marijuana use grew to about 7 percent, up from 6 percent in 2002 among Americans who said that they had used the drug in the past 30 days. Also, a majority of Americans in a Pew Research Center poll conducted in March supported legalizing marijuana.

Though there has been a shift in state laws and in popular attitudes about the drug, black and white Americans have experienced the change very differently.

“It’s pretty clear that law enforcement practices are not keeping pace with public opinion and state policies,” said Mona Lynch, a professor of criminology, law and society at the University of California, Santa Cruz.

She added that 13 states have in recent years passed or expanded laws decriminalizing marijuana use and that 18 states now allow it for medicinal use.

In the past year, Colorado and Washington State have legalized marijuana, leaving the Justice Department to decide how to respond to those laws because marijuana remains illegal under federal law.

The cost of drug enforcement has grown steadily over the past decade. In 2010, states spent an estimated $3.6 billion enforcing marijuana possession laws, a 30 percent increase from 10 years earlier. The increase came as many states, faced with budget shortfalls, were saving money by using alternatives to incarceration for nonviolent offenders. During the same period, arrests for most other types of crime steadily dropped.

Researchers said the growing racial disparities in marijuana arrests were especially striking because they were so consistent even across counties with large or small minority populations.

The A.C.L.U. report said that one possible reason that the racial disparity in arrests remained despite shifting state policies toward the drug is that police practices are slow to change. Federal programs like the Edward Byrne Justice Assistance Grant Program continue to provide incentives for racial profiling, the report said, by including arrest numbers in its performance measures when distributing hundreds of millions of dollars to local law enforcement each year.

Phillip Atiba Goff, a psychology professor at the University of California, Los Angeles, said that police departments, partly driven by a desire to increase their drug arrest statistics, can concentrate on minority or poorer neighborhoods to meet numerical goals, focusing on low-level offenses that are easier, quicker and cheaper than investigating serious felony crimes.

“Whenever federal funding agencies encourage law enforcement to meet numerical arrest goals instead of public safety goals, it will likely promote stereotype-based policing and we can expect these sorts of racial gaps,” Professor Goff said.

A version of this article appeared in print on June 4, 2013, on page A11 of the New York edition with the headline: Blacks Are Singled Out For Marijuana Arrests, Federal Data Suggests.

Source: New York Times (NY)
Author: Ian Urbina
Published: June 4, 2013
Copyright: 2013 The New York Times Company
Contact: [email protected]
Website: http://www.nytimes.com/

Bloomberg: MMJ One Of The Greatest Hoaxes

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Mayor Michael Bloomberg thinks arguments for legalizing medical marijuana are half-baked. “Medical, my foot,” Bloomberg– who has admitted to enjoying smoking weed when he was younger– told John Gambling during his weekly radio show.

“There is no medical. This is one of the great hoaxes of all time,” he said, suggesting legalizing medical pot would just make it easier for recreational users to light up.

“The bottom line is, I’m told marijuana is much stronger today than it was 20, 30 years ago,” he continued, according to The New York Post. “That’s one problem. No 2, drug dealers have families to feed. If they can’t sell marijuana, they’ll sell something else. And the something else will be something worse.

The push to legalize this is wrongheaded.”

State Senator Diane Savino, who’s co-sponsoring a bill to legalize medical marijuana in New York, thinks otherwise.

“We’re talking about people with terminal illnesses, seizure disorders,” she told The Post. “We’re not talking about recreational use.”

Dr. Sunil Aggarwal, Associate Member of the New York Academy of Medicine and Vice-Chair of NY Physicians for Compassionate Care, also disapproved of Bloomberg’s comments.

“Mayor Bloomberg’s statement that medical marijuana is a hoax is tantamount to saying that the moon landing was faked,” he said in a statement. “Marijuana, given in oral and inhaled forms, has been shown in large, gold-standard, double-blinded, randomized, placebo-controlled trials conducted at major medical centers to relieve pain and muscle spasm, and stimulate appetite and weight gain in patients with wasting syndromes.”

Earlier this week, the New York Assembly passed a marijuana decriminalization bill.

Source: Huffington Post (NY)
Published: May 31, 2013
Copyright: 2013 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Legalize Pot, It’s The Better Way

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There’s a better way to fund transit: Drug peddling.

No, I don’t mean selling copies of the ( alleged ) Rob Ford video.

Nor do I suggest using magic mushrooms or LSD to transport Torontonians without them leaving their La-Z-Boy.

And I would refrain from selling whatever the Metrolinx brass are smoking? No way.  Bad trip, man, as they used to say long ago in my youth.  Bad, bad trip.  Horrible visions of HST, HOV lanes, gas tax hikes, parking levies, development fees and red monsters with three heads, yellow eyes and pointy teeth.

But we do need to get off the couch and build transit.

Now, inhale deeply and think of this: Canadian Business magazine estimates Canucks spend at least $3 billion a year on cannabis alone.  That’s a third of what we spend on our national substance, which flows like Niagara, beer.

A study by two B.C.  universities found legal pot would churn out $2.5 billion in licence fees and taxes over five years in that province alone.

The GTA has way more people, but there’s a reason B.C.  is called Lotusland, so let’s call it a wash and say our revenue streams would be similar.

You could lay a lot of transit track for $2.5 billion.

Even more if the government actually gets involved in sales, a la LCBO, which had a profit of $1.7 billion last year.

Factor in export markets plus savings on enforcement and prosecution and I bet we’re close to the $2 billion a year Metrolinx says it needs.

We could buy subway cars of solid gold if we also legalize so-called party drugs, such as cocaine and ecstasy, though those are trickier, for health reasons.

Regular readers know I’ve preached legalizing pot for years.

The libertarian in me is baffled that we learned nothing from prohibition of nearly a century ago.  A victimless crime ought to be no crime at all, but if you make it one, guess who shows up: Criminals.

On Bob Marley Day in February, I urged Mayor Ford to declare:

“WHEREAS…the cultivation, sale and consumption of marijuana do no harm and only make our citizens giggle and also increase sales of snacks at neighbourhood stores.

“NOW THEREFORE, I, Mayor Rob Ford, on behalf of Toronto City Council, do hereby declare Toronto an open tokin’ city.  It’s legal, folks.  Smoke it if you got it.” I was dumbfounded when Rob took a pass.  Little did I know.

( And I hasten to add, I have not seen any crack video, though I won’t be shocked if it’s on Netflix next month.  )

Until now, I pegged our new-found legal pot money for debt reduction or general tax cuts, as would any good libertarian.

But except for Mike Harris and Attila the Hun, name one politician who actually lowered your overall taxes.

So better we direct our new dope revenue to something specific, like transit.  We could change Metrolinx’s name for the project from the Big Move to the Big Doob.

While Metrolinx insists its levies – $477 per household, and if you believe it’s that low I’ve got a gas-plant to sell you – would end once the Big Move is done ( ha-ha-ha, that’s a good one, Metrolinx! ) the Big Doob would give and give forever.

Times are changing.  Colorado and Washington state have legalized marijuana.  Canadians think we ought to do the same – for example, 73% of us old fogey baby boomers in a Forum Research poll last year.  The Harper government’s tougher pot laws are out of step.

Sooner or later, legal dope will be a big part of our economy, just like booze, gambling and Senate bookkeeping.

We need to strike while the bong is hot.  S— or get off the pot, so to speak.

In this era of polarized politics, it’s high time mass transit was rolled into… .a joint venture.

Source: Toronto Sun (CN ON)
Copyright: 2013 Canoe Limited Partnership
Contact: [email protected]
Website: http://torontosun.com/
Details: http://www.mapinc.org/media/457
Author: Mike Strobel

Former Microsoft Manager Has Big Ideas About Pot

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Former Microsoft manager Jamen Shively wants to create the first national brand of retail marijuana and to open pot trade with Mexico. Shively plans to announce that and more in a Thursday news conference he says will feature Vicente Fox, the former president of Mexico. “Let’s go big or go home,” Shively said. “We’re going to mint more millionaires than Microsoft with this business.”

He’s acquiring medical-marijuana dispensaries in Washington and Colorado, he said, and plans to become the leader in both the medical and adult-recreational pot markets. He sees the marijuana market as the only one of its size in which there does not exist a single established brand.

He and Fox plan to announce a proposal for regulating the trade of marijuana between the two countries, he said.

Some details of the trade agreement remain to be worked out, such as how to get around international rules forbidding legal pot, Shively admitted.

“I don’t know how exactly that would be done, but I know it’s been done in other industries,” he said.

Alison Holcomb, primary author of the state’s legal-marijuana law, said Shively faces a huge obstacle in the federal government’s prohibition of marijuana.

“Having a national chain of marijuana-based companies is not only explicitly counter to the existing prohibition, but also counter to the government’s expressed concern about business growing too large,” said Holcomb, drug-policy director for the ACLU of Washington.

But Shively, 45, likened the federal prohibition to the Berlin Wall and said it’s crumbling, with fewer defenders every day.

He also said he’s created a way to shield investors from federal regulators at the Securities and Exchange Commission.

And, he contends a venture this size is too big to operate recklessly and take risks — such as diverting legal pot to black markets — that the federal government is most concerned about.

“What we’re all about is making it extremely professional and having the highest quality and efficiencies,” he said.

What if the feds were to come after him?

Shively paraphrased Obi-Wan Kenobi. “He said ‘Darth, if you strike me down I will become more powerful than you can possibly imagine.’”

If she were Shively’s attorney, Holcomb said, she’d advise him to read the so-called Cole memorandum from the U.S. Department of Justice. It “explicitly mentioned a concern with operations involving thousands of plants and millions of dollars” and is evidence of the federal concern with big pot businesses.

Shively, though, seems undeterred. He has become almost evangelical about pot and its benefits, particularly for medical patients, such as his father who has prostate cancer.

“I’ve just fallen in love with the plant,” he said. “Especially in the medical realm I’ve gone from entrepreneur to advocate to activist, seriously.”

Shively worked at Microsoft six years, he said, and had the title of corporate strategy manager. He said he’s been smoking pot for a year and a half.

Source: Seattle Times (WA)
Author: Bob Young, Seattle Times Staff Reporter
Published: May 29, 2013
Copyright: 2013 The Seattle Times Company
Contact: [email protected]
Website: http://www.seattletimes.com/

Medical Cannabis: Safe, Effective

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Where did you receive your schooling and training?

I have been a medical physician for more than 29 years since graduating from the University of Utah School Of Medicine.  I completed training in general surgery in Los Angeles and plastic surgery in Utah.  During my general surgery training I completed a one-year plastic surgery research fellowship at the University of Southern California.  I finished my board certifications in both general surgery and plastic surgery, and set up private plastic surgery practice in Las Vegas.  I practiced plastic and reconstructive surgery for six years until I underwent cervical spine surgery for herniated discs in the neck.  The surgery left me with neck pain and bodily muscle pain that prevented me from returning to the practice of surgery.

After five years, I was well enough to re-train in pain medicine at the University of Utah under a group of renowned pain-medicine physicians, who have served as current and past presidents of prominent pain academies and societies in the United States.  I hold memberships in the American Academy of Pain Medicine, the International Cannabinoid Research Society and the American Telemedicine Association.

What is your current practice?

I am a board-certified pain-medicine physician and owner of Hawaiian-Pacific Pain and Palliative Care ( medicalmarijuanaofhawaii.org ).  The focus of my practice is the care of patients with chronic pain.  In addition, I have a strong interest in hospice and end-of-life care.  This practice is done on a voluntary basis and is based in Waimanalo at the Native Hawaiian Model Agricultural Village called Pu’uhonua O Waimanalo.  Nearly all fees generated by the advocacy and clinical practice for medical cannabis therapies are used for expenses and Native Hawaiian programs.

Malama First Healthcare is a nonprofit initiative based in the village, and its goals are to improve the health care of Native Hawaiians worldwide.  I serve as their chief medical officer on a voluntary basis.

How long have you been an advocate for medical marijuana?

I have been an advocate for the use of medical cannabis since 2008, when I was first exposed to a group of chronic pain patients on the Big Island who were using cannabis as their sole pain medication, or sometimes in combination with pain pills.

Having no personal experience with marijuana use, I found it quite fascinating that so many people found benefit and relief to their chronic pain conditions using cannabis.

From there, my professional opinion evolved to the point of full political and medical advocacy.

My formal training taught me that marijuana was a gateway drug and had no medical use, which I have since learned to be completely false.  During my training, patients using cannabis often were denied opioid therapies and viewed as drug seekers and addicts.

During my training, no one explained to me how cannabis helped with pain, except one young man who suffered a severe neck injury in the Indonesia tsunami.

Our addiction psychiatrists were forcing him to quit the use of cannabis before the group would prescribe opioids.  Thankfully, this is an out-of-date notion.

These restrictions should never be forced upon any patients who suffer severe, disabling pain.  As I interviewed more people, I became more convinced of the usefulness of medical cannabis.

I thought to myself that thousands of Hawaii residents can’t be wrong.

Patients were finding significant relief from chronic pain conditions and syndromes that otherwise have poor or no effective treatments.

I then set off on an extensive endeavor to understand the medical science of cannabis, cannabinoid receptors, cannabinoid physiology and cannabinoid therapies.

At first I was shocked by the suppression of these safe and effective therapies because of irrational prejudices and political machinations.  This was followed by professional and political disdain at government, politicians, entities and corporations with ulterior motives who are willfully causing millions of people to endure greater suffering because of their direct interference in the practice of medicine and medical research, and their suppression and denial of these therapies.  Thankfully, the Hawaii State Legislature took a bold stand more than a decade ago, in the face of great political pressure, which still exists, and allowed for legal use by chronically ill and disabled people.

Chronic pain is the No.  1 medical condition in the United States, with an estimated 75 million to 100 million Americans living with it.  At least 20 million to 25 million Americans live with severe pain.  In Hawaii, it is conservatively estimated that more than 100,000 live with moderate to severe pain from all causes, including arthritic degeneration, trauma, metabolic conditions such as diabetes, and cancer or its treatment.

Where do things stand right now in the legislative arena?

This year, two bills out of many were vetted in committee and passed by both the Hawaii State Senate and House of Representatives and are expected to be signed by Gov.  Abercrombie.  The first and most important bill calls for the transfer of the medical cannabis program to the Department of Health.  Patients and physicians have requested this transfer for many years.

It is more appropriate that a program for the health and medical welfare of patients be under the auspices of a health department and not law enforcement.  The second bill attempts to improve significant shortcomings in the program itself.  Safe access is our No.  1problem and concern.

The state allows for the use of cannabis as a medicine but does not allow the access to a safe source of that medicine.

From a medical point of view this is unconscionable.  You would not make a diabetic grow and produce their own insulin or diabetes pills.

Currently, patients must obtain seeds, grow the plants, overcome the hostilities of growing by mold and bugs and then develop the yield that becomes their medicine.

The majority of patients are not in a position to even get started.

They don’t know how to grow.  They don’t feel well enough to grow.  They don’t have a place to grow.  And there’s no guarantee that these efforts will result in an adequate medication supply.

The use of cannabis is not an alternative to the use of traditional medications it is a unique medication with unique medical effects.

It is not replaceable with anything else in existence.

Immediate access can only be solved by a dispensary or retail outlet.

A state-run system would be ideal.  The other main issue is the failure to increase the qualifying diagnoses list, since cannabinoid therapy is uniquely helpful to a myriad of conditions.  A large proportion of Hawaii’s cannabis users do it for medical purposes, but the law does not respect that and allow them to be legal because they are using it for conditions not allowed by law.  Our combat soldiers are denied its legal use for PTSD after a decade of multiple deployments to war zones, and are thereby denied an effective and safe treatment for this difficult-to-treat condition.  Cannabis is superior to all other modalities in existence such as anti-depressants and anti-psychotics, which have questionable effectiveness and many adverse side effects.

How effective is medical marijuana compared with other painkillers?

At the most recent meeting of the American Academy of Pain Medicine, Dr.  M.  Moskowitz stated that “preclinical studies, surveys, case studies and randomized double-blind placebo-controlled trials with cannabis have all shown its effectiveness in chronic pain conditions .  Cannabis works to settle down the processing of wind-up ( or expanded pain processing in the brain ) and is the only drug known to do so.  It reduces inflammatory pain in the peripheral nerves, and has a unique mechanism for pain reduction unlike any other medicine.”

Studies have shown that medical cannabis is as effective as opioid therapies.  By using medical cannabis, many people are able to completely eliminate or significantly reduce their use of opioid pain pills.  This eliminates or significantly reduces the numerous adverse side effects that opioids inflict.

The major medical benefit to the withdrawal of opioids is the removal of physical dependency.  Most importantly, the mortal safety of a patient on an opioid regimen is dramatically improved with the addition of medical cannabis and a reduction in opioid dosage.

Every day, Americans are dying from the misuse and overdosing of opioid medications.  There is an epidemic of prescribed opioid pill diversions, which can lead to death or ongoing drug addiction.

The use of cannabis in chronic pain also reduces the number of other types of medications needed for coexisting sleep and mood disorders, and myofascial spasms ( within tissue surrounding the muscles ) found in nearly all chronic pain patients.

There are no other single medications in existence that can treat all of these coexisting problems in addition to treating the pain.  The removal of these other medications also removes their inherent adverse side effects and any medications needed for adverse side effects, such as drowsiness, constipation or nausea.

Anything you would like to add?

Medical cannabis is an effective and safe therapy that should not be denied to any human being.

Government policies are directly interfering with medical science and research, along with clinical care.

The prohibition of safe access is an ongoing major problem for patients in Hawaii and needs to be corrected by dynamic and outside-the-box thinking.

There are solutions to these issues.

The concerns of cannabis habituation, dependency and addiction, along with recreational or misuse in young people, are not valid reasons for the denial and suppression of these therapies for legitimate patients; otherwise, no controlled substances would be allowed in clinical practice.

I hear compelling, life-changing stories from patients almost daily.  Just today, a mother expressed her gratitude to us for helping her son, who was practically bedridden for two years, get his life back.  She cried when he tried cannabis and was able to get up and out of bed and start running around.

These are not isolated and rare occurrences.

The addition of medical cannabis as a replacement or adjuvant medication to the chronic pain patient’s medication regimen will greatly improve patient well-being and care, and provide increased patient safety.

Source: MidWeek (HI)
Column: Doctor in the House
Copyright: 2013 RFD Publications, Inc.
Contact: [email protected]
Website: http://www.midweek.com/
Author: Rasa Fournier

Finding a Place for Medical Marijuana

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The legalization of medical marijuana is prompting cities and towns across the region to consider zoning restrictions to limit where dispensaries may open. With state regulations in effect as of Friday, and the dispensary application process scheduled by the state for this summer and fall, many communities are feeling time is short to regulate what some see as an unwelcome neighbor.

Milford passed zoning restrictions last week; Framingham and Natick are looking at working together on zoning that could allow dispensaries on Route 9 in the neighboring towns; and Newton, amid several inquiries from prospective dispensary operators, is reviewing its zoning bylaw to see whether it is adequate for dealing with the new state law.

“What we’re doing is actually taking some time to internally review the regulations, since they still just came out, and we have not made any specific plans to alter the usual zoning requirements for new businesses, but we are looking into it,” said Dori Zaleznik, Newton’s commissioner of health and human services.

Massachusetts voters approved the legalization of medical marijuana via statewide ballot in November. The measure calls for a maximum of 35 nonprofit dispensaries across the state, with at least one and not more than five in each of the state’s 14 counties.MAS

Communities cannot ban dispensaries but can impose zoning laws that restrict their location, according to a March 13 ruling from Attorney General Martha Coakley.

Many municipalities have already passed or are considering a moratorium — typically lasting from six months to a year — on permits for a dispensary to buy time for reviewing their zoning regulations.

Milford decided it did not need a moratorium and went straight to zoning changes, approved by Town Meeting on May 20.

The amendment, which must still pass muster with the attorney general’s office, allows dispensaries in two of the town’s three industrial districts as long as they are not within 200 feet of a residential zone, school, place of worship, park, playground, or youth center.

The limitation translates into about 1,000 acres along Fortune Boulevard and Maple and Beaver streets available as the site of a dispensary, according to Larry Dunkin, Milford’s town planner.

Natick has already passed a moratorium, and Framingham’s Town Meeting was considering one this week.

Both communities are looking at allowing dispensaries along some part of Route 9.

Robert Halpin, Framingham’s town manager, said the moratorium would give his community some time to get a better sense of the regulations and how they are being implemented.

“I think there’s a discussion to be had with Natick,” he said. “We can talk about Route 9 and other approaches.”

Natick Town Administrator Martha White said it makes sense to work with Framingham on a shared approach.

“Since we share Route 9, and that may well be the area that’s zoned for these facilities, we want to be sure to keep each other’s communities informed and to work it out together, so we’re not negatively impacting each other,” she said.

Although many municipalities in the area see a moratorium as a first step before evaluating their zoning options, Newton is not sure that one is necessary.

“So at this point, we don’t believe we’ll need a moratorium, but we don’t know as we go through the review what we’ll end up doing,” said Zaleznik.

When the city gets inquiries, she said, staff are telling prospective dispensary operators that they should get through the first phase of the state’s two-phase application process before they look for a location in Newton.

“And hopefully by then, we will have figured out our approach,” said Zaleznik.

Despite the local moves to limit dispensaries, which by law are supposed to cultivate their own marijuana to fill prescriptions for the drug, prospective proprietors are not put off, said Bruce Bedrick, CEO of Kind Clinics and MEDBOX, based in West Hollywood, Calif.

“We’re used to that — it’s all part of the process,” said Bedrick, who serves as a consultant for the application process and also markets his technology to keep marijuana supplies secure. “People have to get comfortable with the use. Once people realize it’s just average everyday people trying to pick up medicine, I think in a few years we’ll all look back and laugh at this.”

Bedrick, whose local office is in Natick, would not say exactly how many clients he has or where they are looking to locate a dispensary, but he suggested interest is healthy, with “not many spots left” on his client roster that will max out at 35.

He praised the state Department of Public Health, and said generally the new regulations are solid.

“It’s actually great for our clients because we’re all about transparency and regulation and safety and security,” he said. “The only thing we feel is cumbersome is the verification of $500,000.” He was referring to the minimum amount that applicants must have in escrow as part of the new regulations.

Adam Fine, a lawyer with a Colorado-based firm, Vicente Sederberg LLC, that opened offices in Boston and Needham in connection with last fall’s legalization vote, also applauded the state for creating a strong regulatory environment that balances patient needs with public safety concerns.

“I think overall people are very pleased with the comprehensive nature of the regulations and the fact the Department of Public Health took a measured, thoughtful approach,” he said.

Like Bedrick, Fine could not say which towns and cities are being eyed for dispensaries, but he did say Middlesex, Norfolk, and Suffolk counties seem to be garnering the most interest.

“The anecdotal information I’m getting is the most populous areas make the most sense because there will be more patients to serve,” he said.

Locally, one of the biggest issues that dispensaries will face might have nothing to do with zoning or moratoriums, but rather finding space to lease, he said. Part of his firm’s role is to help educate landlords, Fine said.

“Finding a location that is going to be able to house these dispensaries can be a challenge,” he said. “There are landlords that . . . until it’s completely legal under federal law, they don’t want to be a part of it.”

Source: Boston Globe (MA)
Author: Lisa Kocian, Globe Staff
Published: May 29, 2013
Copyright: 2013 Globe Newspaper Company
Contact: [email protected]
Website: http://www.boston.com/globe/

How America Learned To Stop Worrying & Love MJ

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For nearly a century, the United States has been one of the fiercest advocates and practitioners of marijuana prohibition in the world. At the height of the America’s anti-pot fervor in the 1950s and ’60s, one could even receive life imprisonment for simple possession of the drug.

But the puritanical fervor that once dominated the national discussion surrounding cannabis has been conspicuously absent of late. Earlier this month, the Colorado State legislature, by order of a November referendum, passed bills to implement the legalization and regulation of recreational marijuana use. Washington State voters also approved legalization by referendum on election day. And these events have recently been followed by more good news for supporters of cannabis law reform.

The Organization for American States recently suggested that marijuana legalization could be a way to cut down on drug-violence in the western hemisphere. Perhaps most important, the movement has finally found a voice on Capitol Hill, as representatives Earl Blumenauer and Jared Polis submitted legislation earlier this year that would end federal prohibition of the drug, and allow states to tax and regulate it as they see fit. As Bill Keller put it recently in the New York Times, “Today the most interesting and important question is no longer whether marijuana will be legalized — eventually, bit by bit, it will be — but how.”

Indeed, the feeling that the further liberalization of marijuana laws is inevitable is backed up by the polling trends. According to Gallup, as recently as 2005, two-thirds of Americans opposed legalization of marijuana. Now 48% percent of the population supports it. And a similar poll from Pew puts the number even higher – at 52%. But what exactly explains this sudden change in American attitudes towards pot?

Undoubtedly, part of the reason for the increased acceptance is demographic. It might make you feel old to read this, but on Friday, both Bob Dylan and Tommy Chong celebrated birthdays, turning 72 and 74 respectively. The aging of these counterculture icons hasn’t directly changed American attitudes towards marijuana, of course, but it does underscore the fact that the vast majority of Americans living today came of age during a time when marijuana was widely in use. The data bear out the prevalence of marijuana use in today’s society, with 48% of Americans claiming they have tried the drug at least once.

But familiarity with marijuana isn’t by itself going to drive changes in the legal code. Political consensus is necessary too. And while national political leaders aren’t necessarily falling over themselves to endorse marijuana legalization, there isn’t a lot of room in the current political climate to defend it, either. The political right has done an excellent job over the past thirty years convincing the American public of the limitations of government. They have argued that even when the government has the best of intentions it can be astoundingly ineffective at achieving its stated goals, and often creates unintended and pernicious consequences to boot. This is the same argument that has led to deregulation of industry, historically low tax rates, and legislative efforts like welfare reform. It’s only logical to extend it beyond social welfare programs to something like drug policy.

And supporters of ending marijuana prohibition do indeed point to the unintended consequences of the policy as reason to legalize. According to the FBI, in 2011, 1.5 million people were arrested on drug charges, and roughly half of those were for marijuana, costing billions per year in law enforcement and court costs. And that doesn’t count the human toll on those arrested, like potential loss of work, government benefits, the right to vote, and student aid. Meanwhile, the government simply hasn’t come anywhere close to achieving the stated goal of marijuana prohibition, which is to prevent drug addiction. According to the National Survey on Drug Use and Health, since the beginning of the so-called war on drugs, the addiction rate in America has remained steady at 1.3%, despite the fact that each year state and local governments spend more and more money – over $1 trillion in total – fighting the drug war.

What’s more, the unintended consequences of marijuana prohibition do not stop at our borders. In fact, the brunt of the side effects may be being felt in places like Mexico. And as my college Tim Padgett wrote this week, it would appear that America’s allies in the Western hemisphere are looking seriously at ending marijuana prohibition as a strategy for reducing the drug violence that is ravaging much of Latin America. A study issued this month by the Organization of American States declared that it’s now time to seriously consider legalizing pot in order to cut down on this violence. It’s estimated, for instance, that legalizing marijuana in America could eliminate one-third of Mexican cartel’s $30 billion annual haul.

We are in a political moment where social conservatism has been somewhat sidelined as a political force by the growing influence of libertarianism in the Republican party. This dynamic emphasizes the tension between liberty and morality that has been with us since the founding of our country, and at this moment liberty appears to be ascendant. But make no mistake, the puritanical impulses that once made America the leading voice in marijuana prohibition haven’t gone anywhere — and advocates of reform should know that pendulums, once set it motion, swing back again.

Source: Time Magazine (US)
Author: Christopher Matthews
Published: May 28, 2013
Copyright: 2013 Time Inc.
Contact: [email protected]
Website: http://www.time.com/time/

Study To Look at Whether MMJ Really Helps Users

posted in: Cannabis News 0

A $2.2-million federally funded study soon will help answer the question: Does medicinal marijuana really help? The grant from the National Institute on Drug Abuse funds a four-year project that began this monthat the University of Michigan. Researchers will track the progress of 800 recipients of medicinal marijuana prescriptions.

Michigan, where more than 135,000 patients are now in a 4-year-old statewide registry of approved medical marijuana users, is one of 20 states in which medical marijuana is used to ease pain and symptoms from cancer, seizures, glaucoma and other conditions, according to the researchers. Michigan voters approved a measure allowing medical marijuana in 2008.

Past research on medical marijuana’s effect has mostly focused on lab studies where participants are given different levels of marijuana or a placebo, then report whether their pain is lessened.

But those studies tend to last hours or a few days, and they fall short of determining whether the marijuana has a long-term effects on their lives in more practical ways — at work, with family or in social settings, said the U-M study leader Mark Ilgen,whose past research includes substance use, abuse, suicide and post-traumatic stress disorder.

Results show that pain was reduced, he said.

Experts, however, disagree about the magnitude of the pain reduction and how it compares with other pain medications, he said.

Still, he added, any pain reduction for the sufferer is welcome.

Just as important as pain mitigation is whether that change helps the sufferer with everyday life. The longer term functioning of medical marijuana users is really unknown, he said.

“Maybe they’re functioning better because of a better (pain) control, or maybe they’re … withdrawing socially because of the marijuana use,” he said.

Part of the study will be based on participants’ reports of how they’re faring; other data will include results of drug screens for other substances or arrest records, for example, Ilgen said.

The goal is to determine who does better and who does worse with medical marijuana, and what factors make the difference, he said.

The study eventually may be used by policy makers still struggling to understand the impact of the medical marijuana laws.

Just as important, Ilgen noted, “I see this as a starting point for more research.”

Participants cannot sign up. They must be approached by research staff at their first doctor’s appointment that is part of the process to become a registered medical marijuana user in Michigan.

Source: Detroit Free Press (MI)
Author: Robin Erb, Free Press Medical Writer
Published: May 26, 2013
Copyright: 2013 Detroit Free Press
Website: http://www.freep.com/
Contact: [email protected]

Colorado Offers Window Into MMJ Industry

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At Leela European Cafe, a quirky, 24-hour coffee shop and bar in the heart of downtown, a bartender was quick with her thoughts on Colorado’s experience with the legal sale of medical marijuana.

“It’s really easy to get,” said Cara Wanek, 25, who says she uses it to calm her anxiety, boost her appetite and help her sleep. “And it’s delicious.” That’s exactly what Illinois is trying to avoid. While Colorado is not quite the Wild West of medical marijuana, it offers a window into the opportunities and consequences that arise when a state allows the legal sale of a long-banned drug.

The state’s therapeutic cannabis industry launched in earnest in late 2009, triggering a “green rush” that boosted the state’s economy. Big Marijuana added thousands of new jobs, revitalized aging industrial warehouses and shuttered storefronts, and generated millions of tax dollars for the federal, state and local governments.

At the same time, state officials acknowledge they were unprepared to license, inspect and regulate medical marijuana businesses, leaving millions of fees and taxes uncollected and a significant swath of the industry unchecked. And recently released police data show a modest uptick in certain crimes near marijuana businesses in Denver.

But as the nation’s first highly regulated, for-profit market, Colorado has served as a model for other states seeking to get in on the action.

In crafting legislation that would allow for the legal sale of the drug to certain patients beginning in 2014, Illinois lawmakers looked to build upon the experience in Colorado, where pretty much anyone with a long-ago injury can get a doctor’s approval to purchase up to 2 ounces of pot at a time — enough to stuff two small sandwich bags.

Illinois’ proposed statute is far more restrictive, placing tighter limits on who can legally purchase the drug and where it can be grown and sold.

The bill, which would allow people with 42 defined conditions to purchase the drug legally over a four-year trial period, was approved by the Senate on May 17. It awaits the signature of Gov. Pat Quinn, who has said he is “open-minded” about the prospect.

As the governor contemplates a decision, experienced pot entrepreneurs in and around Denver are watching closely with the hope that the time and money they’ve spent shaping and supporting the Illinois bill will pay off.

“Everyone is looking at Illinois and New York because that’s where the population is,” said Kayvan Khalatbari, a 29-year-old Nebraska native who was one of the pioneers in the Denver marijuana scene. “The ball is rolling, and with more and more states coming on all the time, we see opportunities everywhere.”

If Quinn signs the bill, Illinois would become the 20th state, plus the District of Columbia, to allow the sale of medical marijuana. Dispensaries could open as soon as next year.

In Colorado, legalization of the drug for medicinal purposes was approved by voters in 2000. But because the drug remained illegal at the federal level, most users remained underground, growing as many as six plants each for their own medical needs.

The industry didn’t emerge until 2009, after an Obama administration memo suggested that federal authorities would not aggressively challenge state laws.

Almost overnight, Colorado was swamped with retail dispensaries and large-scale operations to grow the plants. The state, which didn’t have an adequate regulatory or tax structure in place, soon had more weed shops than Starbucks.

By the next spring, when lawmakers scrambled to pass regulations, more than 2,000 companies had filed with the state to sell medical marijuana.

“We didn’t get off to a great start because we didn’t have the time or the staff to tool up,” said Ron Kammerzell, the Colorado Department of Revenue’s enforcement director. “We’re still, in a way, playing catch-up.”

At the end of 2010, the first year of regulated medical marijuana in Colorado, the state’s industry had more than 1,100 businesses, including dispensaries and manufacturers of marijuana-infused products, according to state statistics.

Today, there are 675.

“A majority of the people who came in in 2009 to make a quick buck are either broke or in jail,” said Norton Arbelaez, a tall, loquacious Oklahoma native who practiced medical malpractice law in Louisiana before he and a friend founded River Rock Wellness, a two-store medical marijuana operation in Denver.

“There were a lot of bozos in this business in the beginning,” Arbelaez said. “For the most part, those of us still around are the ones who are doing it right.”

In the roughly three years since the regulations took effect, sales have ballooned to nearly $200 million, generating $5.4 million in state sales tax in 2012.

In addition, operators have paid the state more than $10 million in application and licensing fees.

The most successful of Colorado’s 479 registered retail dispensaries log annual sales greater than $3 million.

Kayvan Khalatbari’s venture, Denver Relief, started with $4,000 and a half-pound of marijuana.

Wedged between a salon and an urgent care center on Denver’s near south side, the 25-employee operation expects sales of $1 million to $2 million this year. It has made money from day one, Khalatbari said.

But even as the legal sale of the drug emerged from rogue growers’ basements, retail owners and growers said they still operate in an environment of fear.

Because state laws run counter to a 43-year-old federal law that classifies cannabis as a Schedule 1 controlled substance, companies say they face hurdles that other businesses typically don’t encounter.

Banking is difficult, insurance is hard to come by, and operators fret that their nascent enterprises could be shut down at any time by federal regulators.

Operators say most banks won’t lend to enterprises that handle a product that is illegal under federal law. As a result, the vast majority of Colorado’s marijuana enterprises are financed solely with their own and private investors’ money.

Many lack business bank accounts and pay all of their bills — workers’ paychecks, utilities, contractor fees and mortgages — with cash or money orders.

Another issue is taxes. On average, small businesses pay an effective tax rate of about 20 percent on net income, according to the Small Business Administration. Marijuana purveyors, by contrast, say they pay an effective tax rate of 60 to 70 percent.

That’s because the federal tax code prohibits the deduction of standard business expenses for those who deal in controlled substances — marijuana included — even in states where it is legal.

“It’s a very heavy-overhead business that requires a lot of capital,” said Rhett Jordan, co-owner of Native Roots Apothecary, an upscale medical marijuana shop on the 16th Street Mall, Denver’s answer to Michigan Avenue.

Inside the spa-like shop, 30 airtight glass jars filled with buds sit behind a counter. A “bud-tender” helps patients choose the product best suited for their ailment. Chocolates, candies, tinctures and tiny jars filled with concentrated cannabis, called hashish, are arranged much like jewelry inside a glass case. Cameras are everywhere.

Customers range from local business magnates to musicians and construction workers.

Jordan, who said he has relatives in Illinois, has a keen interest in opening a dispensary in Chicago.

If and when Illinois opens the door to medical marijuana, weed retailers like Native Roots will face a much different regulatory environment. The number of dispensaries will be limited to 60 statewide and the number of growers to 22, one for each state police district.

Illinois also will be more restrictive on what diseases can be treated with medical marijuana. Of the roughly 108,000 Coloradans who hold state-issued medical marijuana cards, more than 101,000 reported using cannabis in part to treat “chronic pain,” a catchall category that will not be recognized in Illinois.

While the tighter restrictions in Illinois likely mean a smaller pool of potential customers, industry veterans in Colorado are confident the law eventually will loosen.

Colorado law, just like the one proposed in Illinois, requires growers to raise their plants indoors, under tight security. Installing robust security systems, which include high-definition cameras, automatically locking doors and shock sensors, can cost more than $100,000.

The state’s marijuana cultivation centers range in sophistication, security, employment and quality of product. Some have a thousand plants; some have more than 30,000. Most are grown indoors in modified warehouses; some use greenhouses surrounded by 10-foot-high electrified fences.

To prevent theft and diversion of the product to the black market, operators are required to invest in sophisticated software that tracks the plant from “seed to sale,” a Colorado mandate that Illinois’ legislation adopted.

Each crop, on average, takes about four months to grow. Monthly electric bills range from $3,500 to more than $15,000. The retail value of the inventory inside can easily stretch to several million dollars.

The plants are finicky and prone to mold and mildew, so temperature, humidity levels and air circulation are closely regulated.

Some operators grow their plants hydroponically, some prefer dirt, and others such as Gaia Plant-Based Medicine use a dirtlike product made of crumbled /coconut husks.

The company’s indoor cultivation center, a single-story brick building with barred windows, sits across the street from a Denver Police Department outpost in an industrial area on the northeast side of town between the airport and downtown.

A few years ago, many of the aging buildings here were empty. Today, they’re the headquarters for metropolitan Denver’s marijuana growers. The fragrant, unmistakable aroma of pot plants wafts down the street.

“If you look all around Denver, we came in and rented undesirable spaces,” said Meg Sanders, Gaia’s co-owner and chief executive. After Gaia opened a retail dispensary in east Denver, a Starbucks and a grocer moved in, Sanders said. “It becomes a hub.”

Anecdotes like this abound in Denver, running contrary to what many feared would happen to their neighborhoods once the marijuana industry moved in. Visions of drug-addled stoners and nefarious pushers flooding the city’s streets never materialized.

Two Denver City Council members and the head of the Denver Metro Chamber of Commerce said complaints to their offices about marijuana dispensaries and growing operations are rare.

Colorado’s medical marijuana experiment has gone well enough, in fact, that voters in November were emboldened to push forward another constitutional amendment that will allow anyone 21 or older to buy the drug for recreational or “adult use” purposes as early as 2014.

It represents a major opportunity for Sanders, 47, who left the financial world in late 2010 to ride the marijuana wave.

Inside her discreet cultivation center, a Zen-style front waiting room makes way to an open warehouse, where tattooed workers trim marijuana plants, separate leaves from flowers and weigh product.

One-thousand-watt sodium lights cast a bright glow through ajar doors that lead to separate grow rooms.

Sanders had just returned from Illinois, where she spent time in Chicago meeting with potential growers and retailers and a day in Springfield to “help with the legislative process.”

She wants to ensure Illinois doesn’t make the same mistakes as Colorado, and that those who participate in the industry can learn from her company’s initial struggles. When she and other investors took over Gaia two years ago, it was hemorrhaging money.

The company finally turned the corner and became profitable this quarter, she said. For the full year, the three-store company projects revenue of $5 million to $7 million.

“It’s been far more challenging than anyone thought because the rules kept changing,” Sanders said. But with more than $3.5 million of their own money financing the venture, she and her investors remain bullish.

“There are few other industries that have insatiable demand,” she said. “Every single product we put on the shelves is sold each month. It pays for itself very quickly, and that’s what makes it so appealing.”

Source: Chicago Tribune (IL)
Author: Peter Frost, Chicago Tribune Reporter
Published: May 26, 2013
Copyright: 2013 Chicago Tribune Company, LLC
Website: http://www.chicagotribune.com/

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