Tuesday, January 27, 2009

This Week in Weed 01-26-09

California


Measure B sets limit at eight ounces in Mendocino County

Willits News

Massive waste of resources in persecution of Charles Lynch

Salem News

DEA Raids Medical Marijuana Dispensary in Lake Tahoe

Fox News, San Jose Mercury News

DEA Raid prompts reaction

Reason, Salem News

Clearlake Council continues debate over dispensaries

Lake County News

Almeda revokes dispensary license

Almeda Times Star


Minnesota

Medical Marijuana Bill introduced

Minnesota Independent


Missouri

Medical Marijuana bill filed

Ozarks First



Montana

Senate hearing prompts dissent from advocates

KXLH Helena, Great Falls Tribune, Flathead Beacon


North Carolina

Advocates to present Medical Marijuana petition

WFMY Greensboro


Oregon

Salem News begins three part series on Medical Marijuana

Salem News


South Dakota

Medical Marijuana Bill to be introduced this session

Drug War Chronicle



This Week's Action (From Americans for Safe Access):


January 22, the Drug Enforcement Administration, currently staffed by officials from the Bush Administration, raided a medical cannabis dispensary in South Lake Tahoe, California. They did so knowing full well that President Obama has repeatedly pledged to end federal threats, arrests, and prosecutions of patients and their providers in medical cannabis states.

You can see video clips of Obama's statements here and here.

We are shocked and awed! For DEA to act with such brazen arrogance and in direct conflict with the new President’s pledge to end federal raids is deeply concerning. With only weeks left in office, it is clear that top DEA officials are using this transitional period to exploit the differences in policy between the old and new administration.

We need you to act… and we need you to act NOW!

Call President Obama and urge that he issue an immediate suspension to all federal funds used to investigate, intimidate, arrest, and prosecute individuals who use or provide medical cannabis in accordance with their state laws. Call the White House at (202) 456-1111 and say:

"Hi, my name is _____________. Today, the Drug Enforcement Agency raided a medical cannabis dispensary in Tahoe, California. The dispensary was raided by DEA despite numerous statements by President Obama saying he would end federal interference with state medical cannabis laws. I'm very concerned about outgoing DEA officials undermining these state laws and aggressively threatening innocent Americans. I'm also concerned about DEA taking action that is an affront to President Obama's position. I am pleading with President Obama to issue an immediate suspension of all federal funds used to investigate, intimidate, arrest, or prosecute individuals who use or provide medical cannabis in accordance with their state laws. We are being threatened by our own DEA. Please help us."

President Obama's position on medical marijuana is no secret. This is the single most important action you have been asked to take this year. We need President Obama's support. Once you’ve made this phone call, please forward this message to friends and family. Then visit www.whitehouse.gov/contact to copy and paste the above message.

Sincerely,


George Pappas
Field Coordinator
Americans for Safe Access



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Monday, January 19, 2009

This Week in Weed 01-19-09

California

Fresno city councilor says medical marijuana users should leave town

San Jose Mercury News

Council member Lee Brand says if medical marijuana dispensaries are so important to people, "maybe they should move to San Francisco."

Guru of Ganja demonized in editorial masquerading as news item after six year (so far) court case

Oakland Tribune, Independent Political Report

California law and Oakland ordinances allow for medical marijuana use, possession and cultivation, but federal law — which bans all marijuana use, possession and cultivation — trumps them.

San Diego County attempts to repeal medical marijuana law

North County Times

San Diego County filed papers this week asking the U.S. Supreme Court to erase California's medical marijuana law, arguing that federal prohibitions outlawing the substance supersede California's law allowing sick people to use it.

Child eats a brownie laced with pot.

Chico-Enterprise Record

A Butte County jury will decide whether giving a marijuana-laced brownie to her 5-year-old daughter constitutes felony child abuse by a Chico mother.

The kindergartner was taken to Enloe Medical Center in Chico last April 17, after she reportedly told a school nurse she felt "icky and sloppy."

The child's mother, Madeline McChesney, 32, maintains through her lawyer that a roommate, who had a doctor's recommendation to use medical marijuana, normally left the drug-laced brownies on top of the refrigerator.

Due in part to several medications that had been prescribed for McChesney earlier that month for depression, the single mother contends she didn't realize the single brownie she gave her daughter from a pan on the kitchen counter contained pot until it was too late.

Mother acquitted by jury

MSNBC

In closing summation Thursday afternoon, McChesney's lawyer, Jodea Foster, argued the single mother simply made an "error in judgment," caused in part by several anti-depressant medications she was taking, and that the child was never at risk of serious harm.

Mendocino County gets tough on growers

Press-Democrat

Marijuana prosecutions in Mendocino County increased by 60 percent last year, further eroding the county's reputation as a haven for pot growers and swamping the criminal justice system.

"It's a challenge," said Mendocino County Assistant District Attorney Beth Norman. "We're filing an average of two cases a day every day."

Massachusetts

DEA blocks medical marijuana research

Salem News, Boston Globe, Scientific American

In 2007 DEA Administrative Law Judge Mary Ellen Bittner recommended that Craker's application be granted, saying that there wasn’t enough pot available for research purposes and that there was "minimal" chance marijuana grown in the proposed lab would be used for non-research reasons. But DEA Deputy Administrator Michele Leonhart disagreed, characterizing the country's supply of research-grade pot as "adequate and uninterrupted."

Michigan

Medical marijuana clinic opens in Michigan

C and G News

The state’s first medical marijuana clinic is defending its legality as residents, government officials and law enforcement agencies learn more about the controversial proposal voters approved in November.

“I am in the exploratory stages, trying to figure out what is what,” said Southfield Mayor Brenda Lawrence, who had a meeting scheduled for Jan. 12 with the president, founder and CEO of The Hemp and Cannabis Foundation, Paul Stanford. The clinic recently opened up shop in the Southfield Town Center.

Montana

Bill proposes Medical Marijuana patients be subjected to blood tests but not those prescribed more debilitating drugs

Billings Gazette

Senate Bill 212, sponsored by Sen. Verdell Jackson, R-Kalispell, said that if a medical-marijuana patient or caregiver is involved in a traffic accident or traffic stop by police, the police can demand a blood test of that person.

If the person refuses, his or her medical-marijuana registration card can be revoked, and if the test shows the patient has a certain level of marijuana residue in the bloodstream, the card can be revoked for life.

New Jersey

Federal law does not trump state law on medical marijuana

Times of Trenton

Times columnist Gregory Sullivan acknowledges marijuana's therapeutic potential, but he argues that federal law must be changed before New Jersey passes its Compassionate Use Medical Marijuana Act (The Times, "Compassionate, but still illegal," Dec. 30). Mr. Sullivan is apparently unaware of the recent U.S. Supreme Court action in the Garden Grove case, which resolved the conflict between federal and state marijuana laws. The U.S. Supreme Court refused to hear, and thus let stand, a decision from California's Fourth District Court of Appeals, which said: "Congress enacted the Controlled Substances Act (CSA) to combat recreational drug abuse and curb drug trafficking. Its goal was not to regulate the practice of medicine, a task that falls within the traditional powers of the states. ... Congress regulates medical practice (only) insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing ... . Beyond this, however, the statute manifests no intent to regulate the practice of medicine generally."

North Carolina

Patients prepare for legislative battle

News Record

Representatives of the nonprofit N.C. Cannabis Patient Network have toured the state this winter, meeting with politicians, clergy and medical professionals and airing programs on local public-access TV stations.

On May 2, proponents are scheduled to march in Raleigh on behalf of legalization as part of a global one-day protest called the Million Marijuana March.

Rhode Island

Senate overrides veto to pass medical marijuana law

Boston Phoenix

When it comes to the legalization of medical marijuana in Rhode Island, the question has generally been when — not if — it would happen.

Sure, Republican governor Donald L. Carcieri, whose vetoes have withstood the Democratic-controlled General Assembly in the past, could cite a litany of concerns, from distribution to the fear that legalizing medical marijuana will make it far more available to children. But by resoundingly overriding Carcieri’s veto in a 59-13 vote, the Rhode Island House of Representatives on Tuesday embraced the compassionate theme long sounded by proponents.

Texas

California-Texas marijuana supply disrupted by sting operation

San Jose Mercury News

Nearly everyone arrested Thursday claimed to be medicinal marijuana users and had medical recommendations. Carney said although some were within the medical guidelines for the size of their indoor gardens, selling the pot to the Texan via Scott violated the medicinal exception.

UPS delivers 30 pounds of marijuana to wrong address

The Guardian

A man in Denton, Texas who was expecting a shipment of tools instead received a 30-pound brick of marijuana that police say is worth more than $10,000.

UK

Pot hotel

Daily Mail

Police have discovered a massive haul of 1,580 cannabis plants packed into 30 bedrooms of a hotel by a suspected drugs gang.

The giant haul was found at the Waverley Hotel in Great Yarmouth, Norfolk. More than 200 bags of fertiliser were also found stacked up in the stairwell.

Marijuana rescheduling a mockery

Daily Mail

The 'Penalty Notice Disorder' or PND was introduced in 2001, originally to give police a quick and simple tool for dealing with what ministers described as minor 'nuisance' offences.

But the Government has repeatedly expanded the scheme and added more serious crimes, including shoplifting up to a value of £200. Critics claim such fines have become little more than an occupational hazard for hardcore thieves.

The latest dramatic expansion of the powers is due to come into effect on January 26.

Cannabis possession will become punishable with an £80 fine - just as ministers have supposedly toughened the law by reclassifying cannabis from a Class C to a Class B substance.

That increases the maximum punishment for possession to five years in jail.

But giving police the option of an instant fine will make it far less likely that offenders will face prosecution.

US

Will potheads derail Holder nomination for attorney general

Atlantic Magazine

Will Potheads Derail The Holder Nomination?

No.

But they're going to try.

Reason examines paraphernalia law

Reason Magazine

Unsubstantiated claims of impotence due to marijuana use

UK Medix.com

Cannabis smokers should be aware that their drug habit could cost them their erectile function. Practically everybody knows that the simple act of smoking increases the chances of a man suffering from erectile dysfunction and now new research shows that cannabis use adds to the likelihood of suffering from the condition.

The claim of “new research” in this article is just that, a claim, no evidence of any research is presented.

This Week's Action:

Protest at the sentencing of Charles Lynch

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Monday, January 12, 2009

This Week in Weed 01-12-09

California

Palm Springs council votes to allow collectives to grow medical marijuana

Desert Sun

Palm Springs City Council members voted 3-2 Wednesday to create a draft ordinance allowing medical marijuana collectives and operatives.

The law would:

Allow only two collectives in the city's industrial areas.

Prohibit the establishments within 1,000 feet of each other and within 500 feet of schools, churches, public playgrounds or parks, youth centers and residential areas.

Allow collectives and cooperatives to grow medical marijuana on the premises.

...and proceeds to shutter all existing collectives

Desert Sun

With its vote to limit the number of medical marijuana dispensaries in the city to two, the Palm Springs City Council on Wednesday signaled it is done turning a blind eye to the businesses, some of which have been operating illegally for more than two years.

The 3-2 vote only directed staff to draft the new, more restrictive ordinance, which City Attorney Doug Holland said would likely go back to the council in early February. But Holland said Friday he also will be going to court early next month for injunctions to shut down all dispensaries in business in the city — now estimated at seven.

Medical marijuana activist sues San Bernadino county

San Francisco Chronicle

An activist is suing San Bernardino County for refusing to issue state-mandated medical marijuana cards.

The Superior Court lawsuit filed Monday by Scott Bledsoe seeks enforcement of California's voter-approved Proposition 215, which allows physician-approved marijuana use.

The proposition collides with federal drug laws.

In 2003, the Legislature provided additional legal guidance to medical marijuana users and led to dispensaries opening in California. Counties were ordered to issue medical marijuana identification cards.

Medical marijuana activists sue Solano county

Vacaville Reporter

A Bay Area organization supporting medical marijuana users said it's filing suit against the Solano County Board of Supervisors and the county's Health and Social Services Department to force them to implement a state-mandated medical marijuana identification card program.

The group, Americans for Safe Access, announced Monday that it would be seeking a writ of mandate -- basically an order to comply with existing law -- from Solano County Superior Court requiring that the county comply with California's Compassionate Use Act for medical marijuana users.

Yucca Valley council exposed to hysterical reefer madness people

Hi Desert Star

YUCCA VALLEY — The Town Council Thursday night approved extending a 45-day moratorium on new medical marijuana dispensaries or its distribution at existing businesses an extra 10 months and 15 days.

“They cannot close the dispensary because of you!” Patricia Williams shouted at the council members. “How do you know people aren’t high when they’re pulling into the parking lot? Because of you, children could get ahold of this. Because you put a moratorium in place they can stay here.” She continued by excoriating last month’s meeting attendees as Landers residents having criminal drug charges.

Parent Lori Green came armed with a bulging binder of complaints and documents about drug abuse and crimes like robberies and shootings.

Green, too, lambasted the previous meeting’s audience members as out-of-towners who don’t pay taxes in Yucca Valley but are pushing a pro-pot agenda. She also accused the council of complicity with the destruction of morals and of not taking their oaths of office seriously.

William Green asserted that even if he had cancer and lived in pain, he wouldn’t jeopardize the health and morals of the community by insisting on using medical marijuana.

He also disparaged the audience members from last month. “Look at the speakers who were here. They didn’t just start smoking medical marijuana — they’ve been smoking since they were teens! I want children to live drug free as guaranteed by the United States Constitution.”

Sacramento county accepting applications for Medical Marijuana ID cards

Sacramento Bee

Medical marijuana ID cards are coming to Sacramento County.

Residents can apply for cards starting Monday.

Clinic opens in Temecula

Valley News

On Oct. 11, Alternative Care Clinics (ACC), a San Diego-based medical group, opened an office on Enterprise Circle.

The clinic looks like any other medical office except for a statue of Buddha sitting on a shelf in the back of the waiting room. Magazines on alternative healing sit around the reception area.

“The doctors who work with ACC aren’t your typical doctors who want to shove pills down your throat,” said Jonathan Arbel, ACC’s director of operations, as he poured himself a cup of tea. “They try to find a more holistic approach.”

The clinic, which operates by appointment only, offers evaluations to explore whether a medical marijuana treatment plan is right for their patients.

Mendocino County discusses legal problems with marijuana production

The Press Democrat

Mendocino County medical marijuana advocates have proposed that pot production be regulated through land-use requirements in the county's general plan, saying it would legitimize growers and generate income for the county.

But Mendocino County supervisors have no intention of taking up the issue.

"I put that in the ridiculous category," Supervisor John Pinches said Thursday.

Marijuana prohibition claims another life

San Jose Mercury News

Police arrested a Pittsburg teenager Sunday night for allegedly gunning down a 32-year-old man because of a dispute over a $10 marijuana purchase, Pittsburg police Lt. Brian Addington said today.

Florida

Sixth grade student trading sex for marijuana?

Orlando Sentinel

MSNBC

PALM BAY, Fla. - Police said on Friday that a girl at a Palm Bay elementary school traded sex for drugs.

Palm Bay police said they want to know where the elementary school student got the marijuana she brought to school.

Yvonne Martinez of the Palm Bay Police Department said their investigation is leading to South Florida and illegal sex with a sixth-grader.

Stalinist tactics net arrest in Florida

MSNBC

MANATEE COUNTY - A Palmetto man was charged with growing marijuana in his residence after his daughter told a school resource officer about the plants, the Manatee County Sheriff's Office said.

Michigan

Even the police complain about stupid medical marijuana restrictions

Detroit Free Press

A spokesman for the Michigan State Police said the department does not want the responsibility of destroying excess medical marijuana, as written in the draft rules being discussed today in Lansing.

Greg Zorotney of the State Police executive division said a better solution would be for users or caregivers to destroy excess supply or for the Michigan Department of Community Health to write rules allowing for the transfer of medical marijuana from a retired user to a new user.

"It's burdensome for law enforcement to have someone come in, asking to destroy 12 plants. Plants can grow quite big," he said to a panel of state health officials taking comments. The draft rules can be viewed at www.michigan.gov/mmp.

Testimony from advocates restricted at hearing

Michigan Messenger

Attorney Dennis Hayes, a representative of medical marijuana patients, was cut off while providing testimony, apparently because his comments duplicated concerns expressed by other attendees.

The two staff members from Michigan Department of Community Health’s Bureau of Health Professions hearing testimony this morning were not introduced nor were their names provided in the hearing notice.

During the hearing’s first hour, attendees expressed concerns about:

  • creating inventory lists that could be used improperly by authorities;

  • rules that were seen as too intrusive into personal lives of patients;

  • poor coordination between state and federal laws could put patients at risk of prosecution under federal laws, threatening their Social Security payments since drug charges disqualify recipients for support.

A Michigan State trooper has been stationed in the hallway for the proceedings; Heywood observes that the crowd appears to be one of the tamest he’s seen.

Apparently cancer patients who need medical marijuana aren’t as violent as some might think.

Patient advocates protest bizarre conditions for patients

Michigan Messenger

In addition, patients and advocates expressed concern about patients’ privacy. Rules mandate that patients identify the other patients of a caregiver licensed under the act, thus forcing caregivers to violate the confidentiality of their clients. Under the current proposal, advocates believe patients would be required to ask for patient lists from their caregivers. It would also mandate the identification of doctors who are prescribing the marijuana.

New Mexico

New Mexico first state to allow legal marijuana crop

KOB

New Mexico has become the first state in the country to license marijuana dealers. Officials say dealers are under stringent regulations.

It took about a year and half, but the New Mexico Health Department has ironed out a plan to deal with the complex and legally thorny issue of how to make and get medical marijuana to qualified patients.

"This has been the hardest piece of the program. We really needed to proceed carefully and thoughtfully because we're the only state to take this step," said Deborah Busemeyer of the Department of Health.

New Mexico is the first state to license non-profit organizations to do the growing and distribution.

State finalized new rules on medical marijuana

New Mexico Business Weekly

We have worked hard to create a medical cannabis program that will be viable and meet the needs of patients in New Mexico,” said Health Secretary Dr. Alfredo Vigil. “Now patients can get medical cannabis for their chronic health conditions in a way that is safe and legal under state law.”

The regulations provide for two kinds of licensed producers: a qualified patient who can produce up to 4 mature plants and 12 seedlings for personal use only and a nonprofit private entity that can produce a total of 95 mature plants and seedlings and an inventory of usable marijuana that reflects current patient needs at any time.

Oklahoma

Okies remain stuck in the dark ages (another Reefer Madness moment)

KSWO

Oklahoma Bureau of Narcotics and Dangerous Drugs spokesman Mark Woodward says it's, quote, "absolutely frightening" that some people are becoming more tolerant of marijuana.

Woodward says he's seen more lives ruined by marijuana than any other drug.

US

President Electobama nominates medical marijuana ignoramus as surgeon general

Drug War Chronicle

While he has received criticism from some quarters for being too friendly with big pharmaceutical companies and from others for wrongly accusing filmmaker Michael Moore of falsehoods in his documentary "Sicko," it is his old-school views on marijuana that are raising hackles in drug reform circles. Most famously, in a November 2006 editorial in Time magazine, Gupta, while acknowledging marijuana's medical benefits for some patients, went on to repeat a raft of long-debunked anti-marijuana myths as reasons for opposing marijuana reform initiatives on the ballot in Nevada and Colorado that week.

World

Virginia cops bust internet based international marijuana supply project

Charlottesville Daily Progress

A 27-year-old Lake Monticello resident faces felony charges in an investigation of a “multi-national, Internet-based marijuana distribution ring,” the Fluvanna County Sheriff’s Office announced Friday.

This Week's Action:

Watch Television

January 16 (Friday) NBC Dateline (Hour long show on the death of an informer)

January 9 or 16 20/20 Charles Lynch

January 21 CNBC Marijuana Inc And also Parade magazine!

February 10 PBS Tulia Texas

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Sunday, January 4, 2009

This Week in Weed 01-05-09

Alaska

Christmas robbers take personal stash

The News Miner


A Fairbanks man reported his marijuana stolen at gunpoint on Christmas morning.

Fairbanks police were called to a 22nd Avenue residence around 5 a.m. after the residents said that two men came in, displayed a gun and demanded drugs.

The robbers, described as a Native male and a black male, took an undisclosed amount of cash and “a personal use baggie of marijuana,” said Sgt. Greg Foster.

One of the victims gave chase to the men as they headed on foot toward Barnette Street when the black male turned around and fired one shot at him, which missed.

Sgt. Eric Jewkes said that if police recovered the marijuana, the owner likely wouldn’t face criminal charges if it was a small amount, but that authorities would not return it to him.


Arizona

Phoenix Attorney General says he would be willing to consider decriminalization

Douglas Dispatch


Goddard said marijuana sales make up 75 percent of the money that Mexican cartels use for the other operations, including smuggling other drugs and fighting the Army and police in that country. He said that makes fighting drug distribution here important to cut off that cash.

He acknowledged those profits could be slashed if possession of marijuana were not a crime in Arizona. But Goddard said a number of other hurdles remain before that even becomes a possibility.

Australia

Cops use Google Earth to find pot plants

The Age


VICTORIA Police have turned to satellite technology to hunt green-fingered crooks who grow marijuana in suburban backyards, on farms or on Crown land.

With most outdoor crops maturing over the next four months, police are increasingly relying on Google Earth to identify cannabis crops, which can be worth up to $2500 a plant.

A Victoria Police spokeswoman has confirmed that Google Earth is a tool in the battle against outdoor growers and has helped with several recent investigations.

A senior member of Victoria's drug tasking unit told The Sunday Age the Big Brother technology would be used more when satellite images were updated more frequently.

"The detail is extremely good and allows us to pick up small plots of cannabis virtually anywhere," the source said. "The clarity is improving all the time, and I think it's something we'll probably use more down the track."

California

Stockton caves in to pressure to issue ID cards

Tracy Press

San Joaquin County medical marijuana users can get identification cards in Stockton beginning Monday.

The San Joaquin County Board of Supervisors in November agreed to allow county denizens to legally buy and use pot for legally deemed medical reasons.

Since 1996, the state has allowed Californians to use marijuana medically, but it’s up to municipal governments to grant that permission within city limits.

The federal government still considers all marijuana use illegal. The Drug Enforcement Agency has the legal authority to arrest cannabis users on federal drug charges.

San Bernadino County to be sued for failure to issue medical marijuana ID cards

Contra Costa Times

A medical marijuana user announced this week that he will file a lawsuit Monday against San Bernardino County to compel the county to issue ID cards to medical marijuana users.

Scott Bledsoe, of Crestline, will also seek a court order halting the Sheriff Department's practice of arresting medical marijuana users for possession even when users present evidence that the drugs are for medical use, according to a news release.

Although a state law passed in 2003 compels counties to issue ID cards to medical marijuana users, San Bernardino county and several other counties have refused to do so, citing the state law's conflict with federal law, which prohibits marijuana possession.

San Bernardino County joined San Diego County in a 2006 lawsuit against the state challenging the constitutionality of the state's medical marijuana program.

A San Diego County judge ruled in favor of the state, and that ruling was affirmed in July by a State Court of Appeal.

The State Supreme Court declined to consider an appeal of the decision brought by the counties. The counties have said they intend to appeal the ruling to the U.S. Supreme Court.

ASA files suit for return of illegally seized medical marijuana

Whittier Daily News

LOS ANGELES - Medical marijuana advocacy group Americans for Safe Access filed legal briefs Monday accusing the city of Montebello of contempt of court for refusing to return medical marijuana wrongfully seized more than four years ago.

On Oct. 15, 2004, local police seized marijuana plants, growing equipment, and personal correspondence from the Montebello home of Terry Gene Walker.

Police criminally charged Walker, regardless of his status as a medical marijuana patient, said Joe Elford, chief counsel for Oakland-based ASA, who is representing Walker in his contempt claim.

Walker's criminal case was dismissed.

Canada

Cannabis tourist attraction in Toronto

Toronto Star

When police raided the Kindred Café Nov. 20 for allegedly trafficking marijuana, it shone a spotlight on one of the city's biggest open secrets.

There are places where you can smoke weed with relative impunity, provided you don't make a scene.

With a couple of well-known pot cafés and a smattering of private smokers' clubs – not to mention a thriving network of bong shops and hemp stores – Toronto's marijuana scene rivals Vancouver's, according to some herb aficionados.

Most of the action centres on "Yongesterdam," a strip of Yonge St. near Wellesley St. nicknamed after pot-friendly Amsterdam.

Each summer, pot activist Matt Mernagh leads a weekly tour of the area's cannabis community, showing off what he considers one of the city's untapped tourist attractions.

Hawaii

Police chief defies the law

Hawaii Tribune Herald

The Police Commission on Friday shelved a misconduct complaint against outgoing Chief Lawrence Mahuna over his words about the county's new marijuana law.

Marijuana proponent Roger Christie had claimed that Mahuna's statements to the Hawaii Tribune-Herald after voters passed the Peaceful Sky initiative -- which makes marijuana possession for personal use the county's lowest law enforcement priority -- violate the police department's own rules, which state "Officers and employees of the department shall observe and obey all Federal and State laws, Ordinances of the County of Hawaii, and all orders, policies, directives, regulations, etc. of the department."

Mahuna told the Tribune-Herald that Peaceful Sky is "not a law. It's a resolution." He also said there "will be no change in how we prioritize the enforcement of marijuana."

Massachusetts

State officials enumerate strategy for new marijuana law

Gloucester Times

BOSTON — Once admittedly flummoxed at the prospect of implementing a new voter law decriminalizing the possession of an ounce or less of marijuana, state officials are now offering a first glimpse into their strategy.

The strategy, addressing the new marijuana law that went into effect today, includes encouraging cities and towns to pass new penalties for using marijuana in public, and reaffirming public schools' right to expel or suspend students who smoke pot on school grounds.

In a wide-ranging legal opinion issued this week, the state's Executive Office of Public Safety had one over-arching message: things won't change much procedurally.

With the exception of the major thrust of the new law — reducing the penalty for possessing less than an ounce of marijuana from an arrestable offense to a $100 civil fine — police searches, firearms issuances, public school punishments and court proceedings will be largely unchanged.

"We want to be able to assure people, through our legal analysis, that there can be an effective implementation of this new law," state Secretary of Public Safety Kevin Burke said in a phone interview.

Under the guidelines, disseminated by the state Executive Office of Public Safety, officials note the law's expanded definition of possession, which includes "metabolized products of marijuana or THC" — marijuana's active ingredient — "in one's bloodstream."

Public safety officials also recommend that municipalities supplement the $100 fine with additional civil and criminal penalties of their own for the use of marijuana in public.

A sample bylaw offered by Attorney General Martha Coakley would include a $300 civil penalty and the possibility of criminal indictment for the use of marijuana "upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the town."

Voters passed the law in November over the objections of Gov. Deval Patrick, district attorneys and Coakley, who likened it to "the de facto legalization of marijuana."

In its opinion, the Patrick administration's public safety office concludes that law enforcement may still search people suspected of marijuana possession when probable cause exists and may stop and detain suspects, as well.

Officials conclude that it is "unlikely" that police would be able to arrest those in possession of less than an ounce of marijuana — backers of Question 2 sought to eliminate such arrests — but said "an argument can be made" to continue such arrests.

"However, proponents of Question 2 would likely argue that by decriminalizing possession of an ounce or less of marijuana, Question 2 revoked officers' power to arrest for this civil offense," according to the guidelines.

Other guidelines say recipients of civil fines for marijuana possession would not be categorically prohibited from owning firearms, and police officers in possession of an ounce or less on the job would still be subject to collectively bargained agreements regarding substance possession or abuse.

In the guidelines themselves, state public safety officials acknowledge they are testing uncharted legal terrain. Burke agreed, but said his office has "every confidence" that their interpretation is valid.

In a memo to school superintendents sent last week, Education Commissioner Mitchell Chester said Question 2 "does not affect the existing authority of school officials ... to impose discipline" on students who possess marijuana on school grounds.

But Chester acknowledged the uncertainty of state officials as they tread on uncharted legal terrain.

"Since no court has yet addressed the proper interpretation of Question 2, or applied it to the public school context, this advisory reflects best judgment based on the language of Question 2 and existing case law regarding public school discipline issues," he wrote in the memo.

Question 2 requires that offenders under 18 years old participate in a drug abuse awareness program designed by the Department of Youth Services. The EOPS guidelines, however, note that Question 2 authorized no funding for such programs, nor has the Legislature appropriated any.

"DYS and the Executive Office of Health and Human Services are in the process of designing a drug awareness program to comply with Question 2 to the best of their ability," according to the guidelines. "Information concerning these plans will be available in the coming weeks."

Marijuana decriminalization goes into effect

Boston Globe

January 2, 2009

It's no longer a crime to have one ounce or less of pot. The state's new marijuana decriminalization law, approved by voters in a November referendum, goes into effect today.

Those who are caught with an ounce or less would get a ticket similar to a building code citation. They could appeal the civil infraction in court within 21 days or pay a $100 fine set in the law. Juvenile violators would have to pay the fine and attend a drug abuse counseling course, or have the fine increased to $1,000.

The state Executive Office of Public Safety and Security released guidelines Monday in response to questions about the law. The state noted that the new statute applied to all substances that contain THC, which includes hashish and hash oil. THC, or tetrahydrocannabinol, is the active ingredient in marijuana that gives users a high.

Mexico

Four tons of cannabis seized

El Paso Times

The Mexican army seized more than four tons of marijuana earlier this week at a warehouse in east Juárez, military officials said.

Soldiers were patrolling Manuel Gomez Morin Boulevard at 12:30 a.m. Tuesday when they spotted a suspicious vehicle they followed to a warehouse named Concentration Center, officials said.

Soldiers searched the warehouse and found 603 packets of marijuana of various sizes, packing materials and a trailer.

Several men seen entering the warehouse after getting out of the vehicle, which sped away, could not be found.

Michigan

New rules create difficulties for patients and caregivers

Michigan Messenger

Advocates say the state’s plan for administering a new medical marijuana law, approved by state voters on Nov. 4, focuses too much on law enforcement concerns and not enough on health.

Michigan’s medical marijuana law–which passed in every county while winning 63 percent of the vote–allows people with qualifying medical conditions to grow 12 marijuana plants and/or possess 2.5 oz. of marijuana for medicinal use. Those who use marijuana medicinally may also designate a caregiver to grow the drug for them. The mood-altering plant relieves chronic pain and nausea.

Patient advocates say they see many shortcomings in the proposed rules.

“I think they were written by people who don’t have a clear idea of how something like this would work,“ said Greg Francisco, director of the Michigan Medical Marijuana Association (MMMA), an education and advocacy group for patients and caregivers. “I think they [MDCH] took on some responsibilities and roles that were not given in the law.”

The rules suggest the state envisions its role as one of law enforcement, not administering a public health program, Francisco said, adding that MMMA has compiled 21 concerns with the draft rules which it will air at the Jan. 5 hearing.

One problem, Francisco said, is a requirement that caregivers or patients provide detailed cultivation records and track where each and every plant goes.

“This is akin to telling a farmer who grows beets he must track which beet goes to which processing facility,” he said.

The MDCH proposed rules require that any marijuana leftover when a patient no longer qualifies or dies be handed over to police–something Francisco said is unreasonable. Because medical marijuana remains illegal under federal law, he suggested that patients and caregivers might be hesitant to provide police with evidence by handing over excess marijuana.

Mississippi

Growing marijuana for Uncle Sam

New York Times

Q. WHAT EXACTLY DOES THE MARIJUANA PROJECT DO?

A. Though cannabis had been used by man for thousands of years, it wasn’t until 1964 that the actual chemical structure of the active ingredient, tetrahydrocannabinol — THC — was determined. That stimulated new research on the plant.

At this laboratory, which began in 1968, we often investigate marijuana’s chemistry. We also have a farm where we grow cannabis for federally approved researchers. Our material is employed in clinical studies around the country, to see if the active ingredient in this plant is useful for pain, nausea, glaucoma, for AIDS patients and so on. For these tests, researchers need standardized material for cigarettes or THC pills. We grow the cannabis as contractors for the National Institute on Drug Abuse — NIDA. And the only researchers who can get our material are those with special permits. We have visitors at the building now and then who ask, “Oh, do you give samples?” We say, “No!”

Q. WHY BOTHER CULTIVATING YOUR OWN MARIJUANA WHEN LAW ENFORCEMENT ORGANIZATIONS SEIZE BRICKS OF IT EVERY DAY?

A. The most obvious reason is that with confiscated marijuana, you don’t really know what you have. When researchers are performing clinical tests, they must have standardized material that will be the same every time. And it must be safe. You certainly wouldn’t want to give a sick person something sprayed with pesticide or angel dust, substances we’ve detected in some illicit marijuana.

When this project first started in the late 1960s, people thought, “Oh, we’ll get materials for testing after a big bust happens.” So the first batch was acquired that way. They made an extract out of the seized material, and it turned out to be contaminated with tung oil. That brought home the point: if you’re going to do clinical trials on humans, you’d better know what you’re using and where it came from. Hence, our farm.

New Mexico

Hearing to consider expanding medical marijuana use

Santa Fe New Mexican

The New Mexico Department of Health's Medical Advisory Board will hold a public hearing in Albuquerque to discuss making new health conditions eligible for the Medical Cannabis Program.

So far, the department has received petitions to add medical conditions such as Crohn's Disease, chronic pain, post-traumatic-stress disorder, hepatitis C, bipolar disorder, arthritis, asthma and anorexia.

Right now, conditions are limited to cancer, glaucoma, multiple sclerosis, damage to nervous tissue of the spinal cord with intractable spasticity, epilepsy and HIV/AIDS.

After the meeting, the board will make recommendations to the Health Secretary, who will make final decisions.

UK

Cannabis Factory busted in Norfolk

Norfolk Eastern Daily Press

Police last night hailed a key victory in the battle against drugs production in Norfolk after uncovering a huge cannabis factory in a disused former MoT testing station.

Officers estimate cannabis worth up to £400,000 a year could have been produced in the sophisticated operation in the anonymous-looking brick unit on the Threxton Road Industrial Estate at Watton.

Good old-fashioned policing was at the heart of uncovering the factory late on Saturday night as two officers patrolling the estate stopped a car which had been parked outside.

Three people from the Yarmouth area were inside the vehicle and officers found buckets full of cannabis in the back and a set of keys which fitted the lock to the unit.

The discovery is the latest in a series of drugs factories which have been found in Norfolk at homes and in industrial units, including in Norwich, Lyng near Dereham, Yarmouth, King's Lynn, Terrington St Clement, Thetford and Attleborough.

72 yr old milkman delivers cannabis

BBC

A milkman supplied cannabis to pensioners to ward off their aches and pains, a court heard.

Robert Holding, 72, delivered the drug while doing his rounds to 17 customers he had built up through "word-of-mouth", Burnley Crown Court was told.

Judge Beverley Lunt said Mr Holding said in his police statement that the cannabis was for "elderly people who had aches and pains".

Mr Holding, of Fair View Road, Burnley, admitted supplying cannabis.

Custodial sentence

He also admitted possessing cannabis resin and will be sentenced at a later date.

Philip Holden, for the defence, said Holding's customers "were of a certain age" and he built up his clientele through "word of mouth".

The case was adjourned for a pre-sentence report. Holding was released on bail and will be sentenced at Burnley Crown Court on 6 February.

Judge Lunt warned him: "You must understand these are serious offences and in my judgment the likely outcome is an immediate custodial sentence."

Burnley Express

Also reported in Australia, Germany, South Africa, California, Thailand and elsewhere.

USA

Norml Top 10 events that shaped marijuana policy

Norml.com

#1 Landslide At The Ballot Box: Election Day Voters Reject Bush War Doctrine

Millions of Americans nationwide voted on Election Day for marijuana law reform, approving nine out of ten ballot measures to liberalize penalties on cannabis use and possession. In Massachusetts, where 65 percent of voters decided to reduce marijuana possession penalties to a $100 fine, and Michigan, where 63 percent of voters approved legalizing the medical use of cannabis, supporters for pot law reform outnumbered supporters for President-Elect Barack Obama.

#2 Members Of Congress Demand An End To Federal Pot Possession Arrests
Members of Congress convened a Capitol Hill press conference in July to demand lawmakers enact legislation to eliminate the government’s authority to arrest and prosecute adults who possess marijuana. Lawmakers called on colleagues to endorse
HR 5843, which sought to remove federal penalties for the possession and non-profit transfer of marijuana by adults. The legislation was the first proposal introduced in Congress in 30 years to eliminate criminal marijuana penalties.

#3 California Courts Rule: Medical Pot Statutes Don’t Conflict With Federal Anti-Drug Laws
State provisions allowing for the possession and use of medical marijuana do not conflict with federal anti-drug laws, according to a series of California court rulings. In two separate cases, the California Supreme Court refused to hear challenges to the state’s 12-year-old marijuana law – finding that
counties are obligated to issue identification cards to qualified patients and that police cannot seize marijuana from state-sanctioned medical pot users.

#4: Marijuana “Exceptional” At Reducing MRSA
The administration of natural plant cannabinoids significantly reduces the spread of drug-resistant bacteria, including methicillin-resistant Staphyloccus aureus (aka MRSA), according to a
study published this fall in the Journal of Natural Products. MRSA is responsible for over 18,000 hospital-stay deaths each year.

#5 Marijuana Arrests For 2007 Reach All-Time High
Police arrested a record 872,721 Americans for marijuana violations in 2007, the highest annual total ever reported by the FBI. Since 1965, over
20 million Americans have been arrested for violating state or federal marijuana laws.

#6 Cannabis Determined To Be Less Harmful Than Alcohol
The potential health risks associated with cannabis are less than those associated with alcohol and do not justify the continued criminalization of the plant or its users, according to a
report published in October by The Beckley Foundation

#7 Teen Pot Use Declines In States With Medical Cannabis Laws
#8 Medical Marijuana Use Not Associated With Adverse Side Effects
#9 California Attorney General Issues Guidelines Recognizing Patients’ Medical Cannabis Use
State and local law enforcement should not arrest state qualified patients who possess, cultivate, or travel with medical marijuana

#10 NORML Daily Audio Stash Gains record Listenership

Why Obama might legalize marijuana

Esquire Magazine

The stoner community is clamoring to say it: "Yes we cannabis!" Turns out, with several drug-war veterans close to the president-elect's ear, insiders think reform could come in Obama's second term -- or sooner.

Famously, Franklin Delano Roosevelt saved the United States banking system during the first seven days of his first term.

And what did he do on the eighth day? "I think this would be a good time for beer," he said.

Congress had already repealed Prohibition, pending ratification from the states. But the people needed a lift, and legalizing beer would create a million jobs. And lo, booze was back. Two days after the bill passed, Milwaukee brewers hired six hundred people and paid their first $10 million in taxes. Soon the auto industry was tooling up the first $12 million worth of delivery trucks, and brewers were pouring tens of millions into new plants.

"Roosevelt's move to legalize beer had the effect he intended," says Adam Cohen, author of Nothing To Fear, a thrilling new history of FDR's first hundred days. "It was, one journalist observed, 'like a stick of dynamite into a log jam.'"

Many in the marijuana world are now hoping for something similar from Barack Obama. After all, the president-elect said in 2004 that the war on drugs had been "an utter failure" and that America should decriminalize pot:


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