Activists Decry New Legal Marijuana Rules

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Changes to Dealer Provisions May Make It Harder for Those in Need to Get Medication

Marijuana activist Sam Mellace hopes to be the first licensed medical marijuana producer in Canada after spending the past 10 years running his “pretty much” legal operation.

The Abbotsford, B.C., resident has been producing marijuana since 2002 for himself and three other medical users, in accordance with current laws.

But starting on April 1, 2014, authorized users will not be able to grow their own pot – they will have to get it from licensed producers.

Mr.  Mellace finalized an application to Health Canada on Monday for his company, New Age Medical Solutions, and his lawyers plan to send it by courier on Tuesday.

“I just want to be able to dispense so I can finally start making some money instead of being in the hole,” he said.  But he has stiff competition.  For 13 years, Prairie Plant Systems Inc.  has been the only company producing legal marijuana and seeds on contract to Health Canada.  The company submitted an application earlier this month.

“Up to this point, we’ve been the only ones working with the rules,” said the company’s CEO, Brent Zettl.

He said this has led to “unfair competition” from amateur operations because they have no requirements about quality control.

“They can do whatever they want,” he said, adding that now everyone will be on the same page.

Mr.  Mellace said his system is advanced as well.  At his compound, with security cameras and dogs, he said, he profiles the plants and checks them regularly.

“Our main objective is to help as many people as we can and give them the best product possible,” he said.

But he admits he has not always operated strictly to the letter of the law.

Mr.  Mellace, who uses medically prescribed marijuana for chronic pain from a bad car accident about 10 years ago, does not like to smoke marijuana.  Instead, he turns his crops into a kind of butter in a process that skirts the law.  He uses the butter in cookies and even spaghetti sauce.  He has also made a cream from marijuana for arthritis.

“We follow, pretty much, the rule of law,” he said, although he added that he occasionally processes more than the legally allowed amount when making his butter.

“I would say it’s a grey area,” he said.

Jeannine Ritchot, Health Canada’s director of medical marijuana regulatory reform, said the new rules answer concerns from municipalities and fire and law enforcement officials about public health and safety.

“The purpose of that is to make sure that consumers are having access to quality-controlled marijuana,” she said.

The ministry’s marijuana is supplied to authorized users by mail and she said the government has seen this as the safest way to provide it.

“There’s been virtually no episodes of diversion as a result of this system,” she says.

The new rules, announced in June, create a system of supply and distribution by licensed producers regulated by the government ministry.  These producers will be subject to security requirements, inspections and good production practices.

The new system will run alongside the old one until April 1, 2014.  Under the old system, people prescribed medical marijuana could grow their own plants and buy seeds and marijuana from Health Canada.  Starting in April, authorized people will be able to get medical marijuana from private licensed producers only.

Instead of having to get a special license through Health Canada, patients will have to get a prescription for medical marijuana.

Mr.  Mellace worries that patients may have trouble.  “If [doctors] don’t sign prescriptions, that means there isn’t anything going out.”

Health Canada has said in a statement that it will increase the price – – currently $5 per gram – to match that of “the first established licensed producer.”

According to the most recent statistics released Dec.  31 by Health Canada, 28,115 people are authorized to possess dried marijuana in Canada.  Of those, 18,063 have licenses to produce their own marijuana for personal use while 5,283 indicated they will get marijuana or seeds from Health Canada.

Source: Globe and Mail (Canada)
Copyright: 2013 The Globe and Mail Company
Contact: [email protected]
Website: http://www.theglobeandmail.com/
Author: Joshua Rapp Learn

For Patients Like Me, Marijuana is a Necessity

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My breast cancer diagnosis at age 26 was an unwelcome and at times harrowing experience. What allowed me to endure the darkest days was the hope that my rigorous treatment — chemotherapy, surgeries and radiotherapy among them — would allow me to once again live a full and healthy life. It’s what propelled me to walk back into the hospital for more treatments.

But then came A/C: The “A” stands for Adriamycin, a drug neon red in color and injected via large syringes by oncology nurses; its apt nicknames are “red devil” and “red death.” That probably should have been the red flag that I wasn’t going to escape without being slightly worse for wear.

After each of my four biweekly infusions, I lay bedridden for four days, debilitated by severe nausea, heartburn and overall discomfort. I also suffered deep bone pain, a consequence of the Neulasta shot given to keep my white blood cell counts up. I acutely felt all of these side effects, despite being given an intravenous anti-nausea medication, taking anti-nausea tablets every few hours and heartburn medicine and a low-dose prescription narcotic for the bone pain. None of this provided me with the relief for which I longed.

Eventually, though, I was lucky enough to take a medicine that did alleviate my suffering. Not so fortunate was the fact that it came in the form of a drug illegal under federal law: cannabis.

Though cannabis for medical purposes became legal in the District (where I live) in 2010, the city-sanctioned dispensaries that can supply it are only now inching closer to opening their doors.

Nevertheless, marijuana is still banned under the Controlled Substances Act — meaning it continues to be a federal crime to possess or grow marijuana, even in the 18 states plus the District that permit it for medicinal purposes. As a Schedule I drug, cannabis is deemed to have no “accepted medical use” and to lack “safety for use under medical supervision.”

Yet marijuana was the only thing that truly quelled my stomach, provided for restful sleep and allowed me to eat and drink. I was not a cannabis smoker prior to my diagnosis, and I am not one now. I used it only during my chemotherapy treatments, which ended a few months ago. I am willing to go public with my experience because, while the tide may now be turning, there remains a stigma — and many stumbling blocks for patients who would benefit from marijuana — where there should be none.

Legal efforts to shift marijuana to a different schedule under the Controlled Substances Act, thereby loosening restrictions on access to and research on the plant, have failed. The Drug Enforcement Administration’s refusal to change the drug’s classification because of a lack of “adequate and well-controlled studies proving efficacy” has been upheld. No studies of the drug have met the DEA’s criteria to prove that marijuana has an “accepted medical use.”

But a complicated process hinders marijuana studies. With cannabis on Schedule I, investigators interested in researching it must apply for a special license from the DEA and have their study approved by the Food and Drug Administration. To actually obtain the plant, researchers must then apply for access to the National Institute of Drug Abuse’s research-grade supply of the drug.

NIDA is known to refuse requests. When an agency whose mission is to bring “the power of science to bear on drug abuse and addiction” is charged with regulating who conducts research on cannabis, it’s easy to see why this is so. In a 2010 New York Times article, a spokeswoman for NIDA said that the group’s “focus is primarily on the negative consequences of marijuana use,” adding, “we generally do not fund research focused on the potential beneficial medical effects of marijuana.”

Prominent medical associations such as the American Medical Association and the American College of Physicians have called for a review of marijuana’s Schedule I status. Others, such as the Institute of Medicine, have recognized cannabis’s potential and determined that it should be further researched. Yet, the DEA’s stance remains that “smoked marijuana has not withstood the rigors of science — it is not medicine, and it is not safe.”

I tell my story to illustrate the contrary: It was the safest medicine I took over the course of my cancer treatments. Only with further research can we better understand the palliative effects of cannabis — and perhaps finally make it more accessible to the many of us who suffer chronic pain and discomfort. For us, quality of life has special meaning.

Petrides works in an administrative position at the Peace Corps. This is the second article in a series on living with cancer.

Source: Washington Post (DC)
Author: Kathryn Petrides
Published: July 8, 2013
Copyright: 2013 Washington Post Company
Contact: [email protected]
Website: http://www.washingtonpost.com/

Google Quietly Giving Aid To Marijuana Activists

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Cancer patients who Google the words “chemotherapy nausea” today get a host of advertisements for treatment, including pills, skin patches and folk remedies used to prevent vomiting. Next month, however, the same search will turn up an ad for something a bit more controversial: medical marijuana.

The change comes courtesy of the charitable unit of Google, which last week gifted a Michigan medical marijuana advocacy group $120,000 worth of its services. As part of the grant, the group, Michigan Compassion, will be able to promote medical marijuana use through Google’s popular AdWords platform — the plain-text advertisements that pop up to the right side of any given search result.

Michigan Compassion does not sell marijuana but connects patients and growers, and it says the ads will appear alongside searches likely to be made by chemotherapy patients.

“The goal is to link the negative effects of chemotherapy and the positive effects of cannabis,” Amish Parikh, vice-president of Michigan Compassion, told The Huffington Post.

The ads’ value is small in the scheme of Google’s AdWords program, which brings in over $40 billion per year in revenue, but they represent a change for the Mountain View, Calif. firm, which has a strict policy against hosting ads for marijuana-related searches.

Google’s new generosity toward marijuana advocates fits neatly in Silicon Valley, however, where tech companies and their employees have been quietly contributing to cannabis activism, an area attorney involved in the marijuana legalization movement told The Huffington Post.

“They’re not the ones coming to the city council meetings to protest, but they quietly send in their donations,” attorney Lauren Vazquez said. “And they’re definitely consuming the cannabis,” she added.

A spokeswoman for Google declined to comment on whether the grant made to Michigan Compassion meant the company was taking an advocacy position in favor of medical marijuana.

AdWords has a policy against allowing advertisements for drugs and drug paraphernalia, but is allowing the Michigan Compassion ads since the organization does not directly supply such products. Google does not allow advertisers to link their ads to searches with words like “cannabis” and “marijuana.”

The spokeswoman said the ads would not appear in web searches done by those using a “family safe” filter, and text would show up only in states where medical marijuana is legal. (While legal for medical use in 19 states and the District of Columbia, possessing marijuana for any purpose remains a federal crime.)

It’s been noted before that the culture inside California tech companies is highly supportive of marijuana use, with on-the-job drug testing extremely rare. According to a Businessweek article on the topic earlier this year, the city of San Jose, where many industry workers live, has more than 100 pot clinics, and it’s considered normal for programmers to soothe the stress of long days hunched over a computer with a visit to one of those retailers.

“I think Silicon Valley is very supportive,” said Michigan Compassion’s Parikh. “There’s a lot of testing the waters, though.”

LinkedIn, the professional social networking company also based in Mountain View, is providing Michigan Compassion with free services to help reach potential donors and board members, according to Parikh.

An email requesting comment from LinkedIn was not returned.

Michigan Compassion has also received donated equipment and software from other tech companies channeled through San Francisco-based TechSoup Global. And Vertical Response, an email marketing firm also based in San Francisco, provided the group with several thousand dollars’ worth of free marketing technology.

A spokeswoman for Vertical Response, Connie Sung Moyle, said Michigan Compassion was not given a grant specifically due to the nature of its work but as a result of its non-profit status. Moyle said Vertical Response has provided in-kind donations to some 2,600 charities since 2005. “We don’t really discriminate either way as long as what they’re doing is above the law,” she said.

Source: Huffington Post (NY)
Author: Eleazar David Melendez
Published: June 27, 2013
Copyright: 2013 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Feds Announce Mail-Order Medical Pot

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Ottawa’s decision to phase out both government and personal medical marijuana production came as no surprise to patient advocates who opposed the new rules.

“I’m not surprised a bit,” said Ric Bills, who organized a rally protesting the proposed changes in Sechelt earlier this year.  “I didn’t think public comments would change what they had in store.  The Harper government doesn’t seem to care about patients whose lives are stake.  They put it all on public safety.  They’re really sticking it to the people.”

On June 10, Federal Health Minister Leona Aglukkaq announced Ottawa was proceeding with its plan to stop producing and distributing medical pot and is also removing the right of patients or their designates to grow their own plants.

Under the new system, all production will shift to private companies operating under contract to Health Canada and prescribed patients will only be able to obtain medical pot by mail order.  A suggestion in the draft regulations to allow pharmacists to dispense the product was scrapped after the Canadian Pharmacists Association strongly objected to the plan.

The changes are expected to mean significantly higher prices for patients who currently grow their own, and that will breathe new life into the black market, Bills predicted.

“The black market will get more profitable because if people can’t grow it themselves, they’ll go to the black market for it.  Some people can’t afford it.  They’ll keep growing and risk their freedom, and I guess some will be in pain.  It’s pretty backward,” he said.

Bills, who was a lawyer in the U.S.  before relocating to Halfmoon Bay, said Canada is “really behind the curve” compared to states such as Colorado and Washington, which are legalizing and planning to tax recreational marijuana.

“They’re going ahead.  We’re going backwards,” he said.

The new system, he said, will likely attract commercial operators who are in it for the money.

“You can’t really know patients through a mail order system.  It’s very impersonal.”

Both medical pot programs will operate concurrently until March 31, 2014, when the current regulations will be repealed, Health Canada said in a release.

Explaining the reason for the change, Health Canada said its medical pot program had grown exponentially since 2001 from 500 to more than 30,000 authorized persons.

“This rapid increase has had unintended consequences for public health, safety and security as a result of allowing individuals to produce marijuana in their homes,” the release said.  “Under the new regulations, production will no longer take place in homes and municipal zoning laws will need to be respected, which will further enhance public safety.”

Aglukkaq confirmed details of the new program during a press conference held on June 10 in an Ottawa fire hall.

“While the courts have said that there must be reasonable access to a legal source of marijuana for medical purposes, we believe that this must be done in a controlled fashion in order to protect public safety,” Aglukkaq said.  “These changes will strengthen the safety of Canadian communities, while making sure patients can access what they need to treat serious illnesses.”

Bills questioned the number of fires that were actually sparked by medical marijuana grow-ops, and said the cost of related home invasions nationwide quoted by government — about $2 million per year — was a “pretty pathetic” figure.

“I think they’re blowing up their statistics and the harm of it all, and it’s not going to do away with medical marijuana grows,” Bills said.

Saying education and inspections would be a far better approach, Bills reiterated a theme expressed by patients and growers at the Sechelt rally in February.

“The Harper government doesn’t want it to work.  They’re going to spend a lot of money dragging it through the courts, and they’re going to lose, because the courts have been clear that it has to be reasonable access,” he said.

The new rules, he added, are “just scary” in light of the Conservatives’ mandatory minimum sentencing provisions and civil forfeiture laws, which could result in unlicensed growers having their homes seized.

“There’s Charter rights involved — that’s what people don’t understand,” Bills said.  “They’re constitutional rights and government is taking them away.”

Source: Coast Reporter (CN BC)
Copyright: 2013 Coast Reporter
Contact: [email protected]
Website: http://www.coastreporter.net/
Author: John Gleeson

Bill To License Dispensaries Clears Oregon House

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The House narrowly passed a bill Monday that would license and regulate medical marijuana dispensaries, a proposal that some lawmakers argue would allow more patients to safely access the drug but others worry could heighten abuse of the program.

The state currently allows patients with certain debilitating medical conditions to grow their own marijuana or designate someone else to do it but there isn’t a place to legally purchase the medicine.

Under House Bill 3460, the Oregon Health Authority would set up a registration system of medical marijuana dispensaries, authorizing the transfer of the drug and immature marijuana plants to patients. The facilities would also have to comply with regulations for pesticides, mold and mildew testing, which supporters say will help ensure the drug isn’t contaminated.

The bill passed on a 31-27 vote and is now headed to the Senate.

Rep. Brian Clem, D-Salem, told lawmakers on the floor that when his father-in-law was dying from lung cancer a doctor recommended medical marijuana to help with appetite and chemotherapy.

While he considers marijuana a gateway drug, he supports the bill because of his personal experience.

“I witnessed firsthand what it was like to have somebody be told you need this, you’re going to die. This is the only thing that might make you feel better but figure out some way to buy it off the street if you can figure it out because there’s no way for me to legally get it into your hands and I’m your doctor,” Clem said.

But former Oregon State Police officer Rep. Andy Olson, R-Albany, told lawmakers the bill does little to address the abuses in the state’s medical marijuana program.

“It’s not that I’m opposed to medical marijuana. I’m a major advocate for those who are in need of marijuana as a medicine. I am opposed to the abuse,” he said.

In a lengthy floor speech, Olson talked about various concerns he had about the bill including federal law enforcement, drug trafficking, public safety, Rick Simpson’s hemp oil and out-of-state and youth access to the drug.

Olson read from a 2012 story by The Oregonian about how drug traffickers have exploited the state’s medical marijuana program.

He told lawmakers he would be committed to working with the other party on a more comprehensive bill to correct the abuses in program and provide the access the patients need.

The bill’s lead sponsor Rep. Peter Buckley, D-Ashland, and other lawmakers argued while the bill doesn’t fix every problem in the program it’s a step in the right direction.

“The black market of medical marijuana is out of hand,” he said. “The ability to trace with accuracy cardholders and growers is extremely problematic.”

Supporters of the bill include medical marijuana dispensaries, the American Civil Liberties Union of Oregon, Attorney General Ellen Rosenblum and other advocacy groups.

Medical marijuana facilities would pay a registration fee of $4,000 each, according to the bill’s fiscal note. If an estimated 225 facilities register, the state would receive about $900,000 in the next two years. Revenue from the fees would help offset the cost of creating and running a new registration system.

Marijuana is still illegal under federal law, meaning it has no accepted medical use.

Source: Statesman Journal (OR)
Author: Queenie Wong, Statesman Journal
Published: June 24, 2013
Copyright: 2013 Statesman Journal
Contact: [email protected]
URL: http://drugsense.org/url/51Kl9UjA
Website: http://www.statesmanjournal.com/

Lawyer Takes On Feds Over New Pot Rules

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Abbotsford lawyer John Conroy is undertaking a legal battle against new changes to the federal government’s medical marijuana program.

On Monday, Health Minister Leona Aglukkaq announced some of the anticipated changes to the program, which includes banning individual home-based medicinal grow-ops in favour of larger government licenced producers.

The new regulations mean sick or disabled people or their legal proxies with licences will no long be able to grow their own marijuana, said Conroy.

The price of marijuana from the large producers will cost people up to four times as much as producing their own, said Conroy.

The government estimates under the new program medical pot will be sold for $8 to $10 a gram while individuals grew their own for between $1 to $4, said Conroy.

The price increase will limit some sick individuals, many on a low income, from being able to buy marijuana for their conditions.

There is legal precedent that individuals with medical conditions with a doctor’s authorization have a Constitutional right to reasonable access to medical marijuana, said Conroy.

Under the old program, those that couldn’t afford dispensary or black market prices grew their own marijuana, something they won’t be able to do in the future.

Conroy expects to launch a Constitutional challenge on behalf of a coalition of medical marijuana users fighting the problematic aspects of the proposed regulations.

“Basically, we’re saying these people’s constitutional rights are being impaired by what’s being proposed,” said Conroy.

“At one time they could produce cannabis for themselves as there was no other program to provide it.  But a program that’s out of reach is akin to having no program at all.”

The group, MMAR DPL/ PPL Coalition Against Repeal, says it has 3,400 members across Canada.

Conroy said his firm has collected 1,000 victim impact statements so far.

The lawsuit aims to prevent some or all of the new regulations from coming into force, or to maintain the status quo until there’s some guarantee that all patients have reasonable access to medical marijuana.

Failing that, Conroy may also take up a class action lawsuit to compensate individuals who have invested resources and borne the costs of growing their own pot over the last decade.

On Monday, Aglukkaq agreed there must be reasonable access to legal marijuana for medical purposes.

But the government believes it must be done in a controlled manner to protect public safety, she said.

Since starting in 2001, the government’s medical marijuana program has grown exponentially, from less than 500 authorized persons to over 30,000 currently.

The rapid growth of those producing medical marijuana, often in private homes, had consequences for public health and safety, said Aglukkaq.

“These changes will strengthen the safety of Canadian communities, while making sure patients can access what they need to treat serious illnesses,” she said.

Municipal fire and bylaw authorities have long argued that home-based medical marijuana grows can pose fire safety problems or health problems due to mold.

Police point to the dangers of grow rips and the lack of enforcement to ensure licensed growers aren’t producing more than they need for the illegal market.

Under the new provisions, patients will have access to quality-controlled marijuana produced under sanitary conditions, said the minister.

But Conroy noted that individuals that grew or developed specific strains of marijuana for their particular medical conditions will be out of luck.

Litigation will get underway sometime after September and before March 2014 when the new regulations go into effect, he said.

The details on the federal government’s new Marihuana for Medical Purposes Regulations come out June 19.

Source: Abbotsford Times (CN BC)
Copyright: 2013 The Abbotsford Times
Contact: [email protected]
Website: http://www.abbotsfordtimes.com/
Author: Rochelle Baker

Michigan Driver Who Uses MMJ Wins Appeal

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The Michigan Supreme Court ruled Tuesday that medical marijuana users aren’t automatically breaking the law if they’re caught driving after using the drug.

The court unanimously overturned an appeals court decision in the case of a Grand Traverse County man, Rodney Koon. He was stopped in 2010 for speeding — going nearly 30 mph over the limit. Koon admitted having smoked medical marijuana earlier, and a blood test revealed the drug in his system.

It’s illegal for Michigan drivers to consume marijuana. But the state high court said medical marijuana users have some protection. The court says police must show that a driver actually was “under the influence” of marijuana for a charge to stick.

Michigan voters approved medical use of marijuana in 2008.

The medical marijuana law “shields registered patients from prosecution for the internal possession of marijuana,” the judges said.

At the same time, the law prohibits driving “while under the influence of marijuana.” But it fails to specify what level of marijuana in the body constitutes being “under the influence,” the opinion said.

The court suggested lawmakers consider setting a marijuana limit, similar to a blood alcohol level.

“It goes almost without saying that the (medical marijuana law) is an imperfect statute, the interpretation of which has repeatedly required this Court’s intervention,” the justices said. “Indeed, this case could have been easily resolved if the (law) had provided a definition of ‘under the influence.’”

Ruling: http://drugsense.org/url/9bqm5UTK

Source: Associated Press (Wire)
Published: May 22, 2013
Copyright: 2013 The Associated Press

Sharp Limits on L.A. MMJ Businesses Approved

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A ballot measure to sharply limit the number of medical marijuana dispensaries in the Los Angeles was approved by voters Tuesday night. The measure won with 62% of the vote, according to the latest results.

Proposition D would reduce the number of pot shops in the city from about 700 now to about 130 by allowing only those that opened before the adoption of a failed 2007 city moratorium on new dispensaries to remain open. A rival initiative, Measure F, which would have allowed an unlimited number of dispensaries to operate, failed. Both measures would raise taxes on medical marijuana sales 20%.

Yami Bolanos, a Proposition D supporter who opened PureLife Alternative Wellness Center in 2006, cried with happiness as the first election results came in, saying she felt as though years of uncertainty about the future of medical marijuana in the city were coming to an end. “Voters had the heart to stand up for the patients like the city council never did,” Bolanos said.

City Councilman Bill Rosendahl, a cancer patient and medical marijuana user who backed Proposition D, said the measure “takes us out of chaos.” He said the dispensaries that have been in the city since 2007 have showed that they are good actors. “They have lived with us,” he said.

Backers of Measure F, which called for additional regulations on dispensaries such as city audits and tests of cannabis for toxins, said they weren’t ready to give up.

David Welch, an attorney who supported that measure, said he was prepared to sue if Proposition D was declared the winner. He said the proposition was unconstitutional because it favored dispensaries based on an arbitrary date. He also predicted that Proposition D would be difficult to enforce, saying that many shops that opened after 2007 probably would continue to operate until the city identifies them and orders them closed. “The city has no idea who qualifies and who doesn’t,” Welch said.

The contentious campaign over how to regulate medical marijuana shops divided the city’s dispensaries, employees and customers, as well as the city council.

Measure F supporters warned that Proposition D would create a monopoly for older shops and allow the rise of “pot superstores.” Backers of Proposition D, including a coalition of older shops and a labor union that has organized workers at many of them, cautioned that Measure F could lead to thousands of new dispensaries.

A third measure, Initiative Ordinance E, would have permitted only the older shops to remain open but without raising taxes. It was put on the ballot by a coalition of older shops and the dispensary employees union, but that coalition shifted its support to Proposition D after the city council voted to put that measure on the ballot.

The stakes were raised this month when the California Supreme Court upheld the right of cities to ban dispensaries.

Supporters of both initiatives warned that if voters failed to pass one of the ballot measures, the city would be left with no law regulating medical marijuana and might be tempted to enact a total ban.

The city council attempted such a ban last year, voting 14 to 0 to outlaw over-the-counter sales of marijuana while allowing small groups of patients to grow the drug for their own use. It reversed the action after the coalition of older dispensaries and union workers qualified a measure for the ballot that would have repealed the ban.

At least one city council member, Jose Huizar, has spoken of revisiting the ban now that cities have been given the authority to outlaw dispensaries.

L.A. has struggled for years to regulate dispensaries, in large part because of contradictory court rulings. The city is battling more than 60 lawsuits over its earlier attempts at regulation.

Los Angeles voters have generally supported the availability of medical marijuana.

In 1996, California became the first state to legalize the medicinal use of pot, although subsequent state laws failed to make explicit how the drug should be distributed. In 2011, L.A. voters approved a ballot measure to tax sales.

Still, a USC Price/Los Angeles Times poll conducted this month found strong support for more regulation of pot shops, with 61% of respondents saying they felt the city should regulate dispensaries more than it currently does. In contrast, 13% said the city should regulate less, and 19% said regulation should not change.

The poll also found that 54% of voters supported a 20% tax increase on medical marijuana sales and 33% opposed it.

Many voters confessed to confusion over the differences among the ballot measures. “The pot stuff was hard,” said Sue Maberry, 64, of Silver Lake. She voted yes on Measure F because she believed Proposition D would create a monopoly.

Early returns also suggested voters favored a measure aimed at overturning Citizens United vs. Federal Election Commission, the Supreme Court ruling that corporations and unions have a 1st Amendment right to spend their money to influence voters.

The measure would “instruct” members of Congress from the Los Angeles area to support a constitutional amendment to change the law, although the lawmakers would not be bound by it.

Source: Los Angeles Times (CA)
Author: Kate Linthicum
Published: May 22, 2013
Copyright: 2013 Los Angeles Times
Contact: [email protected]
Website: http://www.latimes.com/

Sharp Limits on L.A. MMJ Businesses Approved

posted in: Cannabis News 0

A ballot measure to sharply limit the number of medical marijuana dispensaries in the Los Angeles was approved by voters Tuesday night. The measure won with 62% of the vote, according to the latest results.

Proposition D would reduce the number of pot shops in the city from about 700 now to about 130 by allowing only those that opened before the adoption of a failed 2007 city moratorium on new dispensaries to remain open. A rival initiative, Measure F, which would have allowed an unlimited number of dispensaries to operate, failed. Both measures would raise taxes on medical marijuana sales 20%.

Yami Bolanos, a Proposition D supporter who opened PureLife Alternative Wellness Center in 2006, cried with happiness as the first election results came in, saying she felt as though years of uncertainty about the future of medical marijuana in the city were coming to an end. “Voters had the heart to stand up for the patients like the city council never did,” Bolanos said.

City Councilman Bill Rosendahl, a cancer patient and medical marijuana user who backed Proposition D, said the measure “takes us out of chaos.” He said the dispensaries that have been in the city since 2007 have showed that they are good actors. “They have lived with us,” he said.

Backers of Measure F, which called for additional regulations on dispensaries such as city audits and tests of cannabis for toxins, said they weren’t ready to give up.

David Welch, an attorney who supported that measure, said he was prepared to sue if Proposition D was declared the winner. He said the proposition was unconstitutional because it favored dispensaries based on an arbitrary date. He also predicted that Proposition D would be difficult to enforce, saying that many shops that opened after 2007 probably would continue to operate until the city identifies them and orders them closed. “The city has no idea who qualifies and who doesn’t,” Welch said.

The contentious campaign over how to regulate medical marijuana shops divided the city’s dispensaries, employees and customers, as well as the city council.

Measure F supporters warned that Proposition D would create a monopoly for older shops and allow the rise of “pot superstores.” Backers of Proposition D, including a coalition of older shops and a labor union that has organized workers at many of them, cautioned that Measure F could lead to thousands of new dispensaries.

A third measure, Initiative Ordinance E, would have permitted only the older shops to remain open but without raising taxes. It was put on the ballot by a coalition of older shops and the dispensary employees union, but that coalition shifted its support to Proposition D after the city council voted to put that measure on the ballot.

The stakes were raised this month when the California Supreme Court upheld the right of cities to ban dispensaries.

Supporters of both initiatives warned that if voters failed to pass one of the ballot measures, the city would be left with no law regulating medical marijuana and might be tempted to enact a total ban.

The city council attempted such a ban last year, voting 14 to 0 to outlaw over-the-counter sales of marijuana while allowing small groups of patients to grow the drug for their own use. It reversed the action after the coalition of older dispensaries and union workers qualified a measure for the ballot that would have repealed the ban.

At least one city council member, Jose Huizar, has spoken of revisiting the ban now that cities have been given the authority to outlaw dispensaries.

L.A. has struggled for years to regulate dispensaries, in large part because of contradictory court rulings. The city is battling more than 60 lawsuits over its earlier attempts at regulation.

Los Angeles voters have generally supported the availability of medical marijuana.

In 1996, California became the first state to legalize the medicinal use of pot, although subsequent state laws failed to make explicit how the drug should be distributed. In 2011, L.A. voters approved a ballot measure to tax sales.

Still, a USC Price/Los Angeles Times poll conducted this month found strong support for more regulation of pot shops, with 61% of respondents saying they felt the city should regulate dispensaries more than it currently does. In contrast, 13% said the city should regulate less, and 19% said regulation should not change.

The poll also found that 54% of voters supported a 20% tax increase on medical marijuana sales and 33% opposed it.

Many voters confessed to confusion over the differences among the ballot measures. “The pot stuff was hard,” said Sue Maberry, 64, of Silver Lake. She voted yes on Measure F because she believed Proposition D would create a monopoly.

Early returns also suggested voters favored a measure aimed at overturning Citizens United vs. Federal Election Commission, the Supreme Court ruling that corporations and unions have a 1st Amendment right to spend their money to influence voters.

The measure would “instruct” members of Congress from the Los Angeles area to support a constitutional amendment to change the law, although the lawmakers would not be bound by it.

Source: Los Angeles Times (CA)
Author: Kate Linthicum
Published: May 22, 2013
Copyright: 2013 Los Angeles Times
Contact: [email protected]
Website: http://www.latimes.com/

Medical Marijuana Shouldn’t be for ‘Adults Only’

posted in: Cannabis News 0

My 9-year-old daughter has Aicardi syndrome, a rare genetic disorder that causes extremely hard-to-control seizures, debilitation, disability and early mortality. She began having seizures at three months of age, and since that time has had multiple seizures every day, with rare exception — probably to the tune of nearly 200,000 seizures in her lifetime.

For most families, even one such day would be an emergency. For ours, it is the norm.

My daughter is a beautiful, loving girl who goes to school, enjoys music and parks, loves to be read to and adores looking at big, modern art in museums. She cannot walk independently, cannot talk and wears diapers. Every day she is at risk of Sudden Unexpected Death in Epilepsy, or SUDEP, which accounts for 34 percent of all sudden deaths in children.

She is one of the 3 million Americans who have epilepsy, and one of the 40 percent whose seizures cannot be controlled by anti-seizure drugs. She has tried 10 anti-seizure medications as well as a high-protein/low-carbohydrate diet called the ketogenic diet; she takes three anti-seizure medications at once and has a vagus nerve stimulator implant that sends mild electrical pulses to the brain. These drugs help her, but she nonetheless experiences an average of three seizures every day. Moreover, the medications cause persistent side effects that negatively impact her quality of life, particularly her gastrointestinal, bone, dental, cognitive and mental health.

The Illinois Senate Executive Committee recently voted, 10-5, to move the House-passed medical marijuana legislation to the Senate for a vote. The bill is expected to pass, and though Gov. Pat Quinn has not committed to signing it, the general expectation is that the bill will become law. This should be received as great news for the many people with “debilitating” conditions that the bill is supposed to help — people for whom medical science has documented real, measurable and safe outcomes of the controlled use of cannabis or its component of chemical compounds.

It’s too bad that the legislature has ignored the medical needs of some of the most debilitated, and most vulnerable, patients in the state: children with epilepsy.

Imagine her father’s and my reaction upon learning that the legislature, in its concern not to send a “message” to kids that it is safe to smoke marijuana, decided that kids like ours, for whom medical cannabis has the potential to be as safe and effective as typical anti-seizure drugs, should be excluded from the benefits of this new law.

They have done so, I hope, only out of ignorance. Take, for instance, the parent survey conducted by Stanford University neurology researcher Dr. Catherine Jacobson. These parents had children with some of the most difficult-to-treat syndromes of epilepsy found in children: Dravet syndrome, Doose syndrome and Lennox-Gastaut syndrome. All of the kids were being treated with a nonpsychoactive compound made from cannabis — cannabidiol. Their parents report remarkable results — 83 percent noted that their children’s seizure frequency had been reduced.

Two-thirds of these children achieved a greater than 80 percent reduction in seizure incidence. Seventy-five percent of the parents reported success in weaning their kids from other ASDs; a similar proportion noted improved sleep, mood and alertness in their children. Most important, the survey’s author notes that common negative side effects reported on other ASDs were notably absent on cannabidiol, including rash, vomiting, nausea, confusion, insomnia, anxiety, irritability, dizziness and aggressive behavior.

There is no likelihood that my daughter will become a drug addict from using a compound within cannabis in a medically controlled setting. There is, however, a good chance that participation in a controlled study of these compounds could open the door to new treatments for her, and the many children like her, who desperately need medical innovation to save or improve their lives.

I urge the bill’s chief sponsors, Rep. Lou Lang, D-Skokie, and Sen. William Haine, D-Alton, to reconsider and amend the bill to allow for the medically controlled and regulated use of cannabis for pediatric and adult patients with uncontrolled epilepsy. And to all Illinoisans who know or love someone with epilepsy, please let your legislators hear your voice on this matter.

Margaret Storey lives in Evanston.

Source: Chicago Tribune (IL)
Author: Margaret Storey
Published: May 15, 2013
Copyright: 2013 Chicago Tribune Company, LLC
Website: http://www.chicagotribune.com/

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