Ex-Medical Marijuana Provider Dies in Custody

posted in: Cannabis News 0

MarijuanaA Montana medical marijuana provider with a history of serious illness died Thursday after his transfer to a federal prison that could give him proper medical care was delayed for months.

Richard Flor’s death came weeks after a federal judge denied an attorney’s request to release the 68-year-old Miles City resident while he appealed his five-year sentence. U.S. District Judge Charles Lovell wrote in his Aug. 7 order that it was “unfortunate” that Flor’s transfer to a Bureau of Prisons medical facility was delayed, but “it is not factually or legally significant.”

Lovell sentenced Flor in April after Flor pleaded guilty to maintaining a drug-involved premises. Flor previously was diagnosed with dementia, depression and numerous medical conditions, and Lovell recommended that he be evaluated by federal prison hospital officials to determine what facility would be best suited for him.

Flor had been held at Crossroads Correctional Facility, a private prison in Shelby, while awaiting the Bureau of Prisons’ decision on where he would serve his sentence.

He was removed from the Shelby facility Tuesday and was being temporarily held in a Las Vegas jail Wednesday when he suffered two heart attacks, renal failure and kidney failure, said his attorney, Brad Arndorfer.

Flor was hospitalized and placed on life support while still shackled to his bed, Arndorfer said. His family decided early Thursday to take him off life support.

Arndorfer said Flor’s death was a failure of the federal justice system at all levels.

“I can point the finger at everybody,” Arndorfer said. “The fault is in prosecuting a man like this. The next fault is sentencing a man like this to prison. Then you’ve got the Marshals Service taking him to a place like Crossroads, which has no medical facilities capable of taking care of him.”

Arndorfer said Flor was being held in the Las Vegas jail as a layover en route to a destination that he did not know.

Lovell released a brief statement through his staff Thursday afternoon saying, “I was sorry to learn of the passing of Mr. Flor. Judicial ethics prohibit further response.”

Neither the Bureau of Prisons nor the U.S. Marshals Service returned calls for comment. Assistant U.S. Attorney Jessica Fehr confirmed that Flor died Thursday in a Las Vegas hospital but said she had no further comment.

The Great Falls Tribune first reported Flor’s death.

Steven Owen, a spokesman for Crossroads owner Corrections Corporation of America, said in a statement that staff there “are firmly committed to the health and safety of the inmates entrusted to our care” and the facility is regularly inspected and audited on its “processes for delivering care.”

Arndorfer asked Lovell in July to release Flor while he appealed his five-year sentence, which Flor believed was too harsh. Flor had fallen out of a bed at Crossroads and broke his clavicle and cervical bones. He also reinjured the ribs and vertebrae hurt in a fall in detention the year before, Arndorfer said.

“He is in extreme pain and still is not being given round-the-clock care as is required for someone with his medical and mental conditions,” Arndorfer wrote in his request. “It is anticipated he will not long survive general population incarceration.”

Lovell denied the request Aug. 7, saying he checked with Bureau of Prison officials and Flor had recovered from the injuries.

“Defendant’s medical requirements have been reviewed by the Bureau of Prisons, which is able to provide any medical care needed by the Defendant,” the judge wrote.

After initially saying CCA did not know of any injury Flor suffered while housed at Crossroads, Owens later acknowledged there was a report from June that Flor fell out of his bunk. He said medical privacy rules prevented him from speaking any further about the fall or Flor’s injuries.

Flor was one of the co-founders of the now-defunct Montana Cannabis, which provided marijuana for about 300 people from locations in Helena, Missoula and Billings, and from Flor’s Miles City home. It was one of the largest medical marijuana operations to be raided by federal agents in March 2011 in a crackdown on large providers.

Three of his former partners are either facing or have pleaded guilty to similar federal drug charges after protesting that they were operating in compliance with state medical marijuana laws.

Source: Associated Press (Wire)
Author: Matt Volz, Associated Press
Published: August 30, 2012
Copyright: 2012 The Associated Press

Marijuana Law In New York The ‘Dumbest Drug Law’

posted in: Cannabis News 0

Juan Gomez-Garcia was standing outside a Bronx Kentucky Fried Chicken on May 16, 2012, waiting for his order to be prepared, when a police officer approached and asked him if he had any drugs.

The 27-year-old says he admitted to carrying some marijuana, at which point the cop reached inside his pocket and pulled out a ziploc bag containing weed. Months earlier, Police Commissioner Ray Kelly issued a memo to New York City cops: “A crime will not be charged to an individual who is requested or compelled to engage in the behavior that results in the public display of marijuana.”

The directive– considered an attempt to curb the growing amount of low-level marijuana arrests in New York City– did not spare Gomez-Garcia from being cuffed outside KFC.

Under a current New York law– which Reason this past week crowned as the nation’s “Dumbest Drug Law”– possession of 25 grams or less of marijuana shouldn’t result in arrest unless it’s “burning or in public view.” Rather, it’s considered a violation with a punishment comparable to a parking ticket.

The law allows the NYPD, however, to ask the hundreds of thousands they stop on the streets each year (87 percent of whom, in 2011, were black or Latino) to empty their pockets.

When the marijuana comes out of the pocket, it becomes “in public view,” and they can make an arrest. Additionally– as in Gomez-Garcia’s case– cops will often bring the drugs into “public view” during a stop-and-frisk.

According to a lawsuit filed by the Legal Aid Society against the NYPD, Gomez-Garcia’s encounter with the officer resulted in an arrest. He was held in a jail cell for 12 hours– during which time he pleaded with a sergeant that he should only be getting a ticket– before being charged with “in public view” possession and pleading guilty to a charge of disorderly conduct.

Thousands of such arrests across the city, the lawsuit claims, highlight the ineffectiveness of Kelly’s September, 2011 memo. Steven Banks, a Legal Aid lawyer, presented City Council with statistics proving Kelly’s order was being ignored by rank-and-file cops.

From The New York Times:

In August 2011, 4,189 people were arrested in New York City for misdemeanor marijuana possession, Mr. Banks said. While the arrests dipped below 3,000 in December, “the decline was only temporary”, he said, adding that by March, the number of arrests had risen to 4,186

In June, Governor Andrew Cuomo proposed a bill to decriminalize public possession of small amounts of marijuana, which would have essentially codifed Kelly’s memo into law. The measure enjoyed the support of Ray Kelly himself, Mayor Michael Bloomberg, all five District Attorneys from all five boroughs, the Patrolmen’s Benevolent Association, and numerous civil rights groups.

After all, the combination of the “in public view” law with the NYPD’s controversial use of stop-and-frisks had turned New York City into one of the marijuana arrest capitals of the United States, if not the world.

From a report by the Drug Policy Alliance:

In the last decade since Michael Bloomberg became mayor, the NYPD has made 400,038 lowest level marijuana possession arrests at a cost of $600 million dollars. Nearly 350,000 of the marijuana possession arrests made under Bloomberg are of overwhelmingly young Black and Latino men, despite the fact that young whites use marijuana at higher rates than young Blacks and Latinos.

In the last five years, the NYPD under Bloomberg has made more marijuana arrests (2007 to 2011 = 227,093) than in the 24 years from 1978 through 2001 under Mayor Giuliani, Mayor Dinkins, and Mayor Koch combined (1978 to 2001 = 226,861).

City Councilman Jumaane Williams was troubled by the report, saying, “This data shows that Commissioner Kelly’s memorandum is not being enforced. For instance, the 240% increase in arrests in the last week of 2011 compared to the same period in 2010 is highly troubling. It also seems that much of this rise is occurring in police precincts which cover communities of more color, such as the 67th and the 70th in my district. What these statistics prove is that legislative action is needed to codify the memorandum once and for all.”

But alas, the same month as it was proposed, the bill was struck down by Republicans in the State Senate. “We do not support decriminalization,” Senator Dean Skelos, a Long Island Republican, told The Times. Skelos had previously said of the bill, “Just being able to walk around with 10 joints in each ear and it would only be a violation, I think that’s wrong.”

Cuomo spokesman John Vlasto responded to Skelos’s comment, saying, “Carrying 10 joints in each ear would require some set of ears.” He then added, “We look forward to working these issues through with the Senate in order to end an injustice that has been allowed to go on for too long.”

It remains unclear, however, if Cuomo and Senate Republicans can or will come to an agreement.

For now, it seems marijuana arrests in New York will be an issue for the courts to decide.

HuffPost Live will be taking a comprehensive look at America’s failed war on drugs August 28th and September 4th from 12-4 pm ET and 6-10 pm ET.

Click here to check it out — http://live.huffingtonpost.com/ — and join the conversation.

Source: Huffington Post (NY)
Author: Christopher Mathias
Published: August 28, 2012
Copyright: 2012 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Marijuana Backers Raise 3 Million in Two US States

posted in: Cannabis News 0

Campaigns to become the first U.S. states to legalize marijuana for recreational use in Washington and Colorado have raised $3 million ahead of a November vote, far outpacing the opposition.

Proponents of pot legalization in Washington state have raised nearly $2 million since the initiative qualified for the ballot in January, and about $1 million in Colorado since its measure earned a place on the ballot the following month, according to the most recent state campaign figures.

In Oregon, where a voter referendum qualified in July, the legalization campaign reported less than $1,000 in contributions. All three state measures go on the ballot in November, when Americans vote for president and other offices.

With their war chests, backers of legalization drives in Washington state and Colorado have already bought television ads in a bid to convince voters, especially those who have never smoked pot, of merits of legalizing and taxing it.

Legalizing the drug for recreational purposes would run afoul of the federal government, which says that marijuana is a dangerous narcotic.

The referendums in the three Western states, among the 17 that already allow marijuana for medical purposes, comes as some states battle with the federal government over its raids of medical marijuana dispensaries.

“If one of these initiatives wins, it will really be a breakthrough,” said Ethan Nadelmann, executive director of the Drug Policy Alliance, which seeks alternatives to the current U.S. policy to combat drug use.

“And in the end, just as there has been a federal-state conflict involving medical marijuana, we anticipate there will be similar conflicts when states begin to legally regulate marijuana like alcohol,” he said. “But the only way we think change can happen is through this process.”

Polls indicate support in Colorado and Washington for legalizing pot.

A July poll by Survey USA of 630 registered voters in Washington state said 55 percent backed the marijuana legalization ballot measure. The margin of error was 4 percent.

Rasmussen Reports said its June poll of likely Colorado voters showed 61 percent supported legalizing and regulating pot. The survey had 500 respondents and a margin of 4.5 percent.

Billionaire Peter Lewis, the Ohio-based chairman of Progressive Insurance who helped finance successful state-level campaigns for medical marijuana, has emerged as the Washington state legalization measure’s largest supporter with total contributions this year of $875,000.

A representative for Lewis declined requests for comment.

Drug Policy Action, a group related to New York-based Drug Policy Alliance, has given $600,000 this year to the Washington legalization campaign.

The Washington, D.C.-based Marijuana Policy Project has given the two registered groups behind the Colorado campaign most of their roughly $1 million in funds, state records show. Lists of donors to Marijuana Policy Project and Drug Policy Action are not publicly available.

Legal at 21

The ballot measures in all three states would legalize marijuana for people 21 and older, impose state-level taxes on the drug and allow sales of the drug at special pot stores.

A representative for the U.S. Justice Department had no comment in response to multiple requests. The Obama administration’s Office of National Drug Control Policy has argued that pot use is associated with addiction, respiratory disease and cognitive impairment.

“One of the canards the other side puts out is that keeping marijuana, even in small amounts, illegal is essentially equivalent to a modern day prohibition for alcohol, which is a total joke,” said Cully Stimson, chief of staff for the conservative Heritage Foundation, which opposes legalization.

Stimson said having only a couple drinks a day is healthy. “With marijuana use, the purpose is to get high,” he said.

Despite such arguments, opponents of legalization have so far fallen short in fundraising. State campaign figures show that Smart Colorado has raised the most of any anti-legalization group, but its 2012 total stands at less than $40,000.

Holcomb said her pro-legalization group bought more than $1 million in TV air time in Washington state this month.

In Colorado, the Campaign to Regulate Marijuana Like Alcohol spent $800,000 for fall season television ads, said Mason Tvert, co-director of the group.

Editing by Vicki Allen

Source: Reuters (Wire)
Author: Alex Dobuzinskis, Reuters
Published: August 25, 2012
Copyright: 2012 Thomson Reuters

DEA Tells 23 MMJ Storefronts To Shut Down

posted in: Cannabis News 0

The Drug Enforcement Administration mailed letters Thursday to 23 medical marijuana businesses in Western Washington, warning they could be prosecuted and the properties seized if they are operating within a school zone.

“Please take the necessary steps to discontinue the sale and/or distribution of marijuana…within 30 days,” read the letter, signed by Matthew G. Barnes, special agent in charge of the Seattle office.

Neither the DEA nor the U.S. Attorney’s Office, which supported the action, would release the names of the 23 dispensaries or disclose which cities they’re located in.

Barnes said in a statement that “additional notifications” will be sent “as necessary.”

“I am confident that once notified of the ramifications and penalties associated with renting a property for marijuana distribution purposes, property owners will take appropriate steps to rectify the situation on their own. The DEA will not turn a blind eye to criminal organizations that attempt to use state or local law as a shield for their illicit drug trafficking activities,” Barnes said in a statement.

The letters, which threaten property forfeiture and criminal prosecution, follow similar federal action against medical marijuana operations in Eastern Washington, Northern California and Colorado targeting storefronts near schools. In other states, the federal actions at times have clashed with state or local laws allowing dispensaries, flaming renewed debate in the 16 states and the District of Columbia which allow medical marijuana.

“We need to enforce one message for our students: drugs have no place in or near our schools,” the U.S. Attorney for Western Washington, Jenny Durkan, said in a statement.

Washington’s medical marijuana law doesn’t authorize dispensaries. An effort to legalize and regulate them passed the state Legislature last year, but was vetoed by Gov. Chris Gregorie, leaving Washington with one of the most unregulated medical marijuana industries in the country.

Gregoire’s veto left intact a law that allows 10 patients to band together to form a 45-plant “collective garden.” Some medical marijuana storefronts have used a broad interpretation of that provision to form networks of collective gardens, with off-the-street patients signing into an open slot in a garden.

The state law allows local governments to regulate medical marijuana operations. Seattle, home to more than 140 medical marijuana-related businesses, lightly regulates them, requiring only basic business business licenses and compliance with city building safety codes.

Earlier this week, three people involved in running two Seattle dispensaries pleaded guilty to federal drug-dealing charges following raids on several storefronts in November.

The raids come as Washington voters will be considering legalizing, taxing and regulating recreational marijuana use. Durkan hasn’t spoken out on the measure, Initiative 502, except to remind voters that marijuana remains illegal under federal law.

From The Seattle Times Blog

Source: Seattle Times (WA)
Author: Jonathan Martin
Published: August 23, 2012
Copyright: 2012 The Seattle Times Company
Contact: [email protected]
Website: http://www.seattletimes.com/

Feds Take New Action in Crackdown on Dispensaries

posted in: Cannabis News 0

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

posted in: Cannabis News 0

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

posted in: Cannabis News 0

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

posted in: Cannabis News 0

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

posted in: Cannabis News 0

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

posted in: Cannabis News 0

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.”

1 160 161 162 163 164 165 166 174