Growing Medical Marijuana Industry Sparks Debate in California


By Mike O'Sullivan
Los Angeles
11 November 2009



California is one of 14 states that allow people to use marijuana for
medical reasons, and a thriving cannabis industry has developed in the
West Coast state. Federal officials say the use and sale of marijuana is
illegal, but the Obama administration recently said it will not
prosecute marijuana dispensaries that follow state laws.

Marijuana clinics are spreading in California, which has some people
calling for a crackdown, and others demanding that marijuana be
legalized.

In Oakland, California, the state's largest marijuana dispensary, called
the Harborside Health Center, serves 600 patients a day. It provides
marijuana for a wide range of ailments, from cancer to difficulty
sleeping. "When a patient comes to us for the first time, we first, of
course, verify that they're a legal medical cannabis patient.  And then
we ask them to sign an agreement. And in that agreement, they elect to
become a member of our collective and they authorize all of the other
members of the collective to grow cannabis on their behalf," said Steve
DeAngelo, the center's founder and chief executive officer.

California voters authorized the medical use of marijuana in 1996, when
they approved Proposition 215, known as the Compassionate Use Act. It
allows patients with a doctor's recommendation to grow and possess
marijuana for personal use. The law was later expanded to let patients
share the drug through collectives and cooperatives.

The Harborside Health Center has 30,000 registered members and annual
revenues of $20 million.

Members line up and clerks help them with their purchases of marijuana
strains with names like Blue Dream and Train Wreck.

Bill Britt, a medical marijuana user in Long Beach, California, says the
drug gives him relief.  He had polio as a child, and says using
marijuana lets him reduce his use of other medications. He "medicates"
several times a day with a marijuana vaporizer. "I would probably be
using pain killers, some kind of muscle relaxers, some kind of
anti-spasmodics, some kind of anti-nausea [medication], some kind of
kind of antidepressant. There's just so many lists of drugs," he saId.

Marijuana clinics are sprouting throughout the state.  People wanting to
set up their own can learn how it is done at Oaksterdam University,
founded by Richard Lee. Lee is a local entrepreneur who operates a
coffee shop and marijuana dispensary, which have helped to revitalize
this part of downtown Oakland. Thousands of students have come to one of
his three campuses to learn the marijuana trade. "Once they take their
politics and legal issues, then they can go on to take courses on
horticulture, cooking with cannabis, hash [hashish] making, bud tending,
management, starting your own business, incorporating, things like
that," he said,

Los Angeles has more than 800 cannabis clinics, more than Starbucks
coffee shops, or public schools. Some clinics are licensed by the city,
while others have opened under a loophole in the law and some city
officials say they are illegal. The officials promise a crackdown on
unlicensed clinics, but so far, most remain in business.

The California Police Chiefs Association opposes the spread of the
clinics. Chief Kim Raney of the city of Covina says marijuana may help
some sick people, but he says it is probably a tiny number - no more
than two percent of users. "The people with cancer, MS [multiple
sclerosis], a variety of medical conditions. There are certain
components inside of marijuana that probably provide them some relief.
We take no issue with that. The challenge is the other 98 percent, by
our information, that it's just turned into a way to legitimize
recreational marijuana use," he said.

The U.S. Food and Drug Administration has said marijuana has no proven
medical benefits, but some California doctors, including David Bearman
of Goleta, California, say marijuana helps their patients.

"Some of the people have had amazing stories. I had one fellow who was
paraplegic who had excruciating pain," he said.

Doctor Bearman recommends marijuana for a variety of conditions,
including chronic pain.

Marijuana advocates agree that recreational users are taking advantage
of provisions in the law for medical marijuana, but they argue that the
drug should be legalized.  The National Organization for the Reform of
Marijuana Laws, or NORML, held a recent conference in San Francisco,
attracting advocates, users and clinic operators. The group's founder,
Keith Stroup, says marijuana should be approved for recreational users.
"There is absolutely nothing wrong with the responsible use of
marijuana. It should be of no interest or concern to the government.
Frankly, we need to stop arresting and start respecting responsible
marijuana smokers," he said.

Marijuana advocates say the drug should be taxed and regulated like
alcohol and tobacco, which is already happening in the city of Oakland.

But opponents say marijuana should not be legalized without a needed
national debate. They says the drug's long-term effects are uncertain,
and that alcohol, a legal intoxicant, already causes more than enough
problems.

Both supporters and opponents of marijuana agree that current laws
governing the use of medical marijuana are confusing, and they say it is
up to the courts to decide how widely available marijuana will be in the
future.


http://www.voanews.com/english/2009-11-11-voa1.cfm

Tulare Co. Supervisors move to limit medical marijuana


November 10, 2009


A vote today by the Tulare County Supervisors will send sheriff's
deputies to organizations that distribute medical marijuana in the
county's unincorporated areas to see if they should be closed.

The move will put five organizations that operate in Tipton, Ivanhoe,
Goshen and near Visalia and Exeter in jeopardy of facing criminal
charges from the county's District Attorney's office if they are
operating with too many plants, for too many patients or as a for-profit
business.

Cpt. Mike Boudreux of the Tulare County Sheriff's Department said the
organizations would need to close until there is an agreement between
state and federal law as to how the plant should be used to treat
chronic pain and other illnesses.

Supporters of medical marijuana say they are operating within California
law.



http://www.visaliatimesdelta.com/article/20091110/NEWS01/91110009/Tulare\
+Co.+Supervisors+move+to+limit+medical+marijuana

Shasta County supervisors reject pot dispensary ban


By Jim Schultz
Posted November 10, 2009 at 4:33 p.m.
updated November 10, 2009 at 4:33 p.m.



Rejecting an outright ban on medical marijuana dispensaries in
unincorporated areas, Shasta County supervisors today agreed that
additional rules and guidelines are needed to regulate the operations.

With Supervisor Les Baugh dissenting, the board directed administrators
to develop an ordinance to try to minimize potential problems that could
arise from the dispensaries, such as increased crime, overpowering odors
and congested traffic.

Baugh, who unsuccessfully sought a full ban on the marijuana businesses,
did later vote to support the creation of a companion ordinance that
would regulate marijuana cultivation sites.

It's expected that the separate zoning ordinances will go before
Shasta County planning commissioners in January or February.

More than a dozen speakers, many of them medical marijuana patients and
owners of pot collectives, urged supervisors to refrain from moving
forward with an outright ban.

Among them was Barbara Lee, 52, of Redding.

Lee, who said she suffers from fibromyalgia, said she has been smoking
marijuana regularly for about a year and that it has helped her to lead
a normal and productive life.

"It has helped me so much," she said.

Lee said she doesn't oppose guidelines and rules regulating medical
marijuana dispensaries.

"There should be guidelines" she said. But an outright ban might
force some who need medical marijuana, including her, to buy it
illegally, she said.

However others at the meeting said that medical marijuana has created
nothing but problems for them.

Terry Taft, who lives off Airport Road, said one of his neighbors has 18
plants growing and the stench from it makes life nearly unbearable.

"The smell is worse than a skunk's smell," he said.

Supervisors noted that they receive a number of telephone calls from
residents who complain about the proliferation of backyard marijuana
gardens. Those with marijuana recommendations often band together and
grow their pot plants in the same garden, they said.

In September, again with Baugh dissenting, supervisors rejected a
moratorium on medical marijuana outlets in the county's
unincorporated areas after being told that current zoning codes already
in place should be able to adequately cover medical marijuana
facilities.

Under Shasta County's current zoning laws, medical marijuana
dispensaries are considered "clubs" and are permissible only in
community commercial, office commercial and mixed use districts after
securing a use permit.

But aside from that county officials say, there are no other rules
regulating them.

Shasta County Sheriff Tom Bosenko said that there are only one or two
medical marijuana dispensaries in the county's unincorporated area,
noting that one recently opened in Burney.


http://www.redding.com/news/2009/nov/10/shasta-county-supervisors-reject\
-pot-dispensary-ba/

Three more drugs advisers resign


Page last updated at 21:01 GMT, Tuesday, 10 November 2009



Three more government advisers have resigned after the home secretary's
sacking of his chief drugs adviser Prof David Nutt, the BBC has learned.

Dr John Marsden, Dr Ian Ragan and Dr Simon Campbell have quit the
Advisory Council for the Misuse of Drugs after two others left earlier
this month.

Members of the council had met Alan Johnson seeking reassurance that
their independence would not be compromised.

Mr Johnson dismissed Prof Nutt for "crossing a line" into politics.

BBC home affairs editor Mark Easton said the absence of certain experts
on the council meant it was "stymied" and effectively was now unable to
operate under its current constitution.

'Big problem'

He said the remaining 25 members still had outstanding concerns and Mr
Johnson was presented with "a big problem".

ACMD'S REQUIRED POSTS

# Medicine (other than veterinary medicine)
# Dentistry
# Veterinary medicine
# Pharmacy
# Pharmaceutical industry
# Chemistry (other than pharmaceutical chemistry)

The Home Office confirmed that the ACMD had to have 20 members to remain
quorate, and that six positions had to be filled for the advisory group
to function.

The three to resign were psychologist Dr John Marsden, Simon Campbell, a
synthetic organic chemist who received a CBE for services to science,
and pharmaceutical consultant Ian Ragan.

Earlier the home secretary said he stood by the decision to remove Prof
Nutt but wanted to improve relations with the council, saying he would
give "due weight" to their views in the future.

The Home Office had published a statement following a meeting between Mr
Johnson and the ACMD on Tuesday.

It said: "The discussions were very constructive, and it was agreed that
the ACMD would continue discussions with the Home Office and government
chief scientific advisors in establishing a way to work collaboratively
together into the future with a common purpose of reducing any
drug-related harm in the UK."

Free from influence

Clinical director Marion Walker and Dr Les King were the first to resign
following the row.

Dr King said he wanted the council to become independent, free from
government influence.

Prof Nutt was sacked after calling cannabis less harmful than alcohol
and nicotine, and saying it was upgraded to Class B for political
reasons.

But Mr Johnson said Prof Nutt had "crossed the line between offering
advice and then campaigning against the government on political
decisions".

Political criticisms

Shadow home secretary Chris Grayling said: "Whilst we backed the
original decision, by now I would have expected the home secretary to be
able to sit down with other members of the council and rebuild
confidence and stability in what they are doing. Quite clearly he has
failed to do that."

Liberal Democrat science spokesman Dr Evan Harris said: "The fact the
resignations come after Alan Johnson met the ACMD demonstrates he just
doesn't get it when it comes to the importance of respecting the
academic freedom and integrity of independent, unpaid, science
advisers."


http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/politics/8353685.stm

---------- Forwarded message ----------
From: Don Duncan <don@...>
Date: Tue, Nov 10, 2009 at 12:43 PM
Subject: [losangeles] LA City Council Committees Need to Hear from You!



Can you take a few minutes today to help stop Los Angeles City Attorney
Carmen Trutanich from pushing an ordinance through City Council that
will roll back safe access to medicine in the city? You can make a big
difference by making just a few phone calls!

On Monday, November 16, the Planning and Land Use Management (PLUM)
Committee and the Public Safety Committee will convene a joint meeting
to discuss the draft ordinance. They need to know before then that
patients and advocates oppose City Attorney Trutanich's ordinance.
Otherwise, committee members may be bullied into adopting the badly
flawed measure. Visit
http://safeaccessnow.org/punbb/viewtopic.php?id=4257 to get the details.
Make those calls today… and ask your friends and loved ones to do
the same.

Make plans now to attend the joint committee meeting on Monday:

What: Joint PLUM and Public Safety Committee meeting

When: 9:30 AM * Monday, November 16

Where: Room 350, City Hall, 200 N. Spring Street, Los Angeles, CA 90012

Public Transit Info:  http://www.mta.net/riding_metro/default.htm

Download the draft ordinance and ASA's suggested changes at
http://safeaccessnow.org/punbb/viewtopic.php?id=4257

---

Medical cannabis patient and advocate Richard Kearns will be asking City
Attorney Carmen Trutanich about his position on medical cannabis at an
LGBT forum on Tuesday night at 7:00 PM. Get the details on
AIDS-Write.org – http://aids-write.org/?p=1978

---

Mark you calendars now for the next LA-ASA meeting at 1:00 PM on
Saturday, November 21. The meeting will be at the Patient ID Center
located at 470 S. San Vicente Blvd. in Los Angeles 90048 (between
Wilshire Blvd. and 3rd St.).


__________________
Don Duncan
California Director
Americans for Safe Access
http://www.americansforsafeaccess.org/

Americans for Safe Access (ASA) is the largest national member-based
organization of patients, medical professionals, scientists and
concerned citizens promoting safe and legal access to cannabis for
therapeutic use and research.

Are you an ASA member? http://www.AmericansforSafeAccess.org/Join

Former governor to speak in SUB on drug legalization


By Andrew Beale
DAILY LOBO
Added at 11:51 pm on November 9, 2009



Former New Mexico Governor Gary Johnson has favored legalization of
marijuana since he held office before Bill Richardson.

Johnson, a Republican, was an advocate for drug policy reform and
decriminalization of marijuana while he served as governor from 1994 to
2002. Johnson and former U.S. Marshall Matthew Fogg will speak in the
Lobo Room of the SUB at 7 p.m. today.

The event is sponsored by the New Mexico branch of Law Enforcement
Against Prohibition and the UNM chapter of Students for a Sensible Drug
Policy.

Tom Angell, spokesperson for LEAP, said former Gov. Johnson is one of a
growing number of politicians who support the legalization of marijuana.

"Gov. Johnson is just one of many prominent elected officials who
are speaking out against the war on drugs and calling for new options
like legalization," Angell said. "As evidenced by any number of
recent news articles and stories, more and more people are speaking out
about this just in the last few months, but Gov. Johnson has been
speaking out on this issue for a long time, ever since he was the
sitting governor of New Mexico."

SSDP spokesman Win Hansen said his organization favors decriminalization
of marijuana as a way to reduce the harm suffered by drug users in
America.

"We have just been trying harder and harder and harder to enforce
our prohibition laws for the past 30 years, or since the inception of
the war on drugs," he said.

"And all we've seen is an increase in drug use in our society
and an increase in the people who are punished and suffer for drug use
in our society."

Hansen said legalizing marijuana would offer many societal benefits,
including financial benefits to taxpayers and the state.

"As taxpayers, we pay $35,000 a year for every one of these people
we put in jail. So we save that money," he said. "If we make it
legal, and we tax it, we get the tax income from it. (And) if you look
at projected revenues for tax benefits from marijuana, you're
looking at billions of dollars."

College Republicans spokesman Eric McInteer said legalizing marijuana
has benefits and drawbacks.

"I look at things from two different perspectives. First off,
I've seen lots of young people make poor decisions in their lives,
and they don't seem very driven to succeed, and what they do is they
constantly get high," he said. "However, if we're talking
about decriminalization, there's two things I'd want to see
happen before I'd supportthat. First off, I'd like to see
support from local law enforcement, and, second, I would also like to
see how much money it would save taxpayers."

John Steiner, a health educator at the Campus Office of Substance Abuse
Prevention, said the organization does not have an official position on
marijuana legalization.

"I think it's a very individual thing. There are some students
who can use marijuana without experiencing very much in the way of
negative consequences from that use," Steiner said. "Our
position at COSAP, or the way we do business, is to never try to
demonize anything in particular — be it alcohol or drugs."

Hansen said that on top of freeing taxpayer money and reducing the
number of people in jail, marijuana legalization is important for people
who want to use it for medicinal purposes.

"A lot of people are in situations where marijuana is an effective
medicine for them. They're in a lot of pain. They can't eat. For
whatever reason, they need drugs, and a lot of the time, marijuana is
that (drug)," he said. "So, it's also kind of a conscious,
ethical thing: We're giving them the help that they need."


http://www.dailylobo.com/index.php/article/2009/11/former_governor_to_sp\
eak_in_sub_on_drug_legalization#comment3155

Police chief, DA to mull future of marijuana dispensary

11/10/09
10:50 AM


By Jonathan Partridge, Sara Suddes and Chris Quirk



Police Chief Denise Turner deemed the newly opened medical marijuana
dispensary in north Gilroy "illegal" and will map out a course of action
after meeting with the city's lawyer.

The dispensary does not have a business permit according to the city,
but proprietor Batzi Kuburovich said the dispensary does not need one
because it is a nonprofit.

"That's not correct," Turner replied Tuesday morning.

A representative from the Internal Revenue Service did not immediately
know whether the dispensary was registered as a nonprofit.

The city council voted 4-3 against allowing the dispensary, Turner said,
adding that the dispensary is "now going behind the process" by claiming
its non-profit status justifies its lack of a business permit.

Turner plans to speak with the city's attorney this afternoon to discuss
the legitimacy of the dispensary and what might be the legal
implications or responsibilities of having a collective dispensary.

As of 12 p.m., the dispensary - which opened Monday and operates from 11
a.m. to 7 p.m. - had not been shut down.

The background

Morgan Hill residents Kuburovich and Neil Forrest have been trying to
start a cannabis collective in Gilroy since May and hit a major
roadblock last month when the City Council voted 4-3 against creating a
special ordinance to regulate marijuana dispensaries in Gilroy. The vote
effectively nixed the application, but specified that the city should
reconsider the idea in January.

Nonetheless, without Council or city approval, the store opened Monday
at 1321 First St. - near Lana's Dance Studio and Togo's.

After entering the business's glass front door into a sterile lobby
devoid of furniture except for a chair facing a window and counter,
clients pass through another door into a waiting area lined with several
chairs. There, they fill out a clipboard of paperwork, receive an oral
briefing by Kuburovich on the rules and regulations of medical
marijuana, and are searched by a security guard with a metal-detecting
wand. Clients are escorted through two more doors before entering a
large room lined on one wall with a glass counter topped with several
varieties of cannabis - some of the 31 different types the dispensary
sells, Kuburovich said.

"It's pretty mundane," said Eric Madigan of Toluca Lake, who was serving
as the dispensary's ombudsman and handling its security issues.

About 40 people had patronized the collective as of 5:30 p.m. Monday,
Kuburovich said.

Monday night, the sage green walls filled the dispensary with the aroma
of fresh paint. Sixteen security cameras monitor every move the staff
and clients make, he pointed out.

"Security is so tight," Kuburovich said.

Kuburovich, his wife, at least two other staff members, and two security
guards operated the collective and conducted security checks inside.

The dispensary was originally slated to open near this location, but the
dispensary proprietors have considered several other locations since
May. No business license has been issued for the current location, City
Administrator Tom Haglund wrote in an e-mail to council members. City
staff planned to "visually confirm" the address Monday night and double
check the business license database today. The police department also
planned to investigate this morning, Haglund wrote.

In the meantime, residents have streamed to the dispensary.

John Suarez - a 53-year-old Gilroy resident with an amputated leg - uses
a wheelchair to get around, and has traveled to Santa Cruz, Hayward and
Oakland in the past to purchase medical marijuana for back pain and a
broken pelvis.

"I think it's going to work out for me," he said of the collective.

Cassie Lopez, manager of Rock Zone next door to the dispensary, said she
was happy to see MediLeaf open.

"It's a good idea," she said. "I think of it as any other pharmacy."

Although she said that the dispensary may bring in more business to Rock
Zone - which contains rolling papers - she said she did not support the
dispensary for that reason. Instead, she was happy that medical
marijuana patients would not have to travel so far.

Similarly, a Togo's Eatery staff member, who identified himself only as
Andy, said several people stopped by his business after patronizing the
collective on Monday. He said he was content with the security at the
facility, and that several of those customers noted that they no longer
will have to travel to San Jose for medical marijuana.

"Some people consider it as a drug," he said. "I consider it as a
medicine."

At least one Kern Avenue resident, on the other hand, was not enthused
about the new neighbor, questioning how many patrons would actually need
the pot for medicinal purposes.

"I'm just wondering how much truth there is with this medical marijuana
deal," she said.

Kuburovich took offense that anyone would question the legitimacy of the
dispensary's patient's needs.

"People are using fear and deceit to discredit what's being done,"
Kuburovich said.

The city has denied him a business license, he said, but his attorney
advised him that he could set up shop because the collective is a
not-for-profit and not a business.

Council members, however, had still more reservations about the
dispensary.

Councilman Peter Arellano expressed surprise at the dispensary's
opening, but said he supports the state law that allows for such clinics
to exist. He has never prescribed marijuana for patients, but he knows
that some doctors do so to help patients with chronic pain, he said.

On the other hand, Councilwoman Cat Tucker saw the opening as a blatant
disregard for the City Council's wishes and of the law. She noted that
Kuburovich said he wanted to open the dispensary in an open, honest
manner, and she believed that Monday's opening flew in the face of that.

"This is clearly not coming in the front door or openly or honestly,"
she said.

She said the business does not adhere to federal law, and without a city
ordinance, there is no way that the dispensary is able to legally
operate.

State law permits medical marijuana dispensaries but federal law
prohibits cannabis across the board. Without a local law, City Attorney
Linda Callon said last month that staff are unable to process MediLeaf's
business application. The applicants had argued they deserve due process
in front of the planning commission, which can impose project-specific
conditions on unorthodox business applications.

One of many cases winding its way through state courts came from the
Second District Court of Appeals last month. The court upheld a
Claremont city ban on dispensaries, a move which suggests cities can bar
citizens from setting up shops that are specifically permitted by state
laws. In addition, the Los Angeles County District Attorney announced
last month that prosecutors would pursue hundreds of "over the counter"
collectives in the area that exchange marijuana for cash - a sticky
situation Santa Clara County Deputy District Attorney Steve Lowney told
the council it should avoid by working with District Attorney Dolores
Carr on any proposed ordinance.

While the proposed ordinance would have regulated store hours, security
requirements and products, council members said they were swayed to vote
against it by an outpouring of e-mails and phone calls from
constituents. They also expressed concerns of a dispensary inviting
legal interference from above.

---
Jonathan Partridge, Sara Suddes and Chris Quirk

Jonathan Partridge covers community issues for The Dispatch, including
City Hall and public safety. Reach him at 847-7109 or e-mail him at
jpartridge@.... Sara Suddes covers education for the Gilroy
Dispatch. Reach her at ssuddes@... or call (408)
847-7158. Christopher Quirk is the city editor for the Gilroy Dispatch
and the online editor for South Valley Newspapers. Contact him at
408-847-7037 or cquirk@....


http://www.gilroydispatch.com/news/260818-police-chief-da-to-mull-future\
-of-marijuana-dispensary

Dispensary closes


By Victor Morales • The Desert Sun • November 10, 2009



A medical marijuana dispensary embroiled in a legal fight with Cathedral
City locked its doors during the weekend, their attorney said.

A sign taped to its door says the dispensary has shut down "until
further notice."

An Appellate Court judge ruled on Oct. 30 in favor of Cathedral City to
stop the dispensary from operating in the city after South Coast
Patients Collective Association filed an appeal to an injunction granted
to the city from a superior court.

The dispensary, in an office suite at 68-487 E. Palm Canyon Drive,
"can no longer operate," Cathedral City Attorney Charles Green
said last week.

City officials discovered the dispensary operating without a business
license on July 28, a month after an ordinance banning medical marijuana
sales within city limits was adopted.

The dispensary's attorney, Anthony Curiale, said last week he was
preparing a request to the state Supreme Court to review the case.


http://www.mydesert.com/article/20091110/NEWS01/91110024/Dispensary+clos\
es

Keeper of the Weed: Santa Cruz pot shop grows on former military man


By GENEVIEVE BOOKWALTER
Posted: 11/10/2009 06:57:57 AM PST



SANTA CRUZ -- Scott Wade spent the first year of his job at Greenway
Compassionate Relief Inc. worrying that his days as a security officer
would soon be over.

It was 2006, and the George W. Bush administration was adamant that
medical marijuana would not be tolerated, despite California rules
stating otherwise. Wade worried that the Harvey West dispensary would be
raided, and he didn't like watching people he helped arrest on other
security details -- sometimes for smoking pot -- walk through Greenway's
doors to buy medical marijuana.

"Coming to work here, I thought I was throwing away my career," said
Wade, 41, a licensed security guard and former military policeman. "It
just didn't seem right to me for a while."

That was before the staunch Republican and Navy man realized that his
eroded esophagus, torn-up knees and the migraines he suffers from after
serving as an officer in both Gulf wars, Bosnia and Kosovo would qualify
him as a medical marijuana patient, too.

Now, as the Obama administration eases its enforcement of federal drug
rules for the medicinal herb, Wade has become an unlikely spokesman and
head of security for one of the only two dispensaries that might be
allowed inside Santa Cruz city limits, pending new city rules under
consideration.

"I've been a hypocrite. Who am I to say these people coming in the door
don't have a need for it?" Wade said while wearing dog tags and standing
in front of the giant American and MIA-POW flags in his office.

Wade said he does not smoke himself because his job requires him to be
alert. But after watching amputees, patients in wheelchairs and obvious
cancer sufferers pick up their orders, Wade said he's come to look at
the drug much differently.

"You don't stand in line at Walgreen's pharmacy and judge the people in
front of you," he said.

Wade's office is not what one might predict when walking into a Santa
Cruz medical marijuana dispensary with a neon peace sign in the window.

Along with his flags, the Boulder Creek native and 1987 San Lorenzo
Valley High School graduate has photos of bald eagles, numerous Navy
badges, war pictures that he snapped in the desert and framed stamps and
envelopes commemorating 9/11 rescuers.

"Scott's a military vet and very, very stoked about it. We're musicians
and long hairs," chuckled Greenway security officer Ted Fairbanks, a
member of Wade's staff who is giving Wade guitar lessons.

But Wade commands obvious respect from those he manages. Security
officer Ricardo Perales said Wade "does keep us on our toes," while
security officer Mike Anderson, whose politics are far left of Wade's,
said his boss "keeps me more open-minded" and "helps me see the
spectrum."

Fairbanks agreed, adding that Wade "is not some ideologue goofball."

Greenway owner Lisa Molyneux said she hired Wade because she wanted
someone "of his caliber" to run security. She said she aims to strictly
adhere to state rules governing the drug's sale. Security guards remind
patients that they cannot loiter in the parking lots, and ask them to
hand over cell phones as they walk in. Everyone entering the dispensary
is searched for weapons with the use of a metal-detecting wand.

Wade said Molyneux's high standards attracted him to the business from
First Alarm, the Aptos company where he was a manager. He joined the
security firm after leaving the Navy in late 2002 and returning to Santa
Cruz from Georgia, where he was stationed.

Molyneux "wants to be an example for others to follow," Wade said.

In upcoming months, that example could include a new Greenway garden, as
city officials consider changes to rules governing dispensaries around
town. Under proposed rules, dispensaries would be able to grow pot in
line with state law, which they are not allowed to do now.

However, the number of dispensaries in town would be limited to two,
after a Santa Cruz study showed that only 25 percent of customers at
Greenway and the Santa Cruz Patients Collective live within city limits.
The study followed a surge of interest from entrepreneurs wanting to
open dispensaries after the Obama administration's decision to relax
federal enforcement.

Wade said he is looking forward to the garden, in part to limit support
of illegal drug cartels that grow marijuana on public land.

"Especially coming from former military, I want to make sure we're not
aiding some cartel," he said.

Wade said he plans to keep Greenway strictly in compliance with state
law, despite the Obama administration's loosening of federal rules. The
chance of a law enforcement raid remains, Wade said.

Meanwhile, the married father of three said he's happy to be back in
Santa Cruz, regardless of a political climate much different than his
own convictions.

"I joke about this place being so liberal," Wade said. "But really, I've
been all over the world and there's nothing like this town."


http://www.santacruzsentinel.com/ci_13753758

Denver Judge Overturns Medical Pot Ruling


Nov 10, 2009 11:01 am US/Mountain



DENVER (AP) ― A Denver judge has overturned a state health board
ruling that narrowed the definition of who can supply medical marijuana.

Denver District Court Judge Larry Naves said Tuesday that the order
adopted by the health board on Nov. 3 is "invalid and void."

A state health department official said she doesn't know if the ruling
will be appealed.

Medical marijuana advocates challenged the rule change in court, saying
it was made with little notice.

The board temporarily suspended its rule governing who can supply
marijuana to patients in light of a recent Appeals Court ruling. That
ruling said suppliers must do more than just provide medical marijuana
to be considered a caregiver.

Naves said he didn't see any evidence that the board considered how the
vote would affect the health of patients.


http://cbs4denver.com/local/Denver.judge.overturns.2.1302680.html

The Medical Marijuana Business Matures

In the few places that allow storefront dispensaries, entrepreneurs are
adopting nonprofit business models to cope with legal gray areas


By Karen E. Klein

November 10, 2009, 10:26AM EST



The U.S. Justice Dept., at the direction of the Obama Administration,
last month announced that it would no longer direct federal
investigative resources to pursue criminal charges against medical
marijuana clinics, providing they are operating lawfully. The policy
represents a major shift in tactics from the Bush Administration, which
had federal agents raiding medical marijuana distributors on the basis
of violating federal statutes (federal law outlaws marijuana possession
under the Controlled Substances Act)—even if the operators were in
compliance with state laws.

Will the new Obama policy kick off an entrepreneurial bonanza in the 13
states (Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana,
Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington) where
medical cannabis is legal? Maybe, experts say, citing the proliferation
of medical marijuana training centers in recent years and a plan by one
California business to begin franchising the dispensaries. But while the
potential for a large medical marijuana market exists, cannabis remains
mired in legal ambiguities and political sensitivities that—while
changing rapidly—are still difficult for entrepreneurs to navigate.

To start, most of the 13 states do not allow storefront dispensaries;
they permit medical patients to grow their own marijuana or purchase it
directly from a registered grower certified by the state. In the rare
places that do allow dispensaries, they must be structured as nonprofit
cooperatives rather than for-profit entities, with marijuana provided by
state-certified patients or their caregivers.

Neighborhood Nuisance

In California, the first state to legalize medical marijuana sales and
use in 1996, this nonprofit requirement came in mid-2008, when State
Attorney General Jerry Brown issued guidelines for medical marijuana
operations to try to rein in the hundreds—if not thousands—of
for-profit dispensaries that had cropped up, many turning into
neighborhood nuisances, with doctors on staff who would write
prescriptions for anyone who walked through the doors. (California's
guidelines stating they should be nonprofit aren't law; they're in an
opinion issued by Brown.)

Now the epicenter of the regulated medical marijuana movement is in
Oakland, Calif., where four licensed cannabis dispensaries operate under
strict city and state guidelines. This summer, the city's voters
approved by 80% a special 1.8% sales tax on marijuana sales that will go
directly into the city's general fund, says Steve DeAngelo, the founder
of nonprofit dispensary Harborside Health Center. He and his attorney,
James Anthony, devised the idea of the special tax while discussing the
city's financial straits.

Harborside, which looks something like a tidy community bank, does $20
million in annual sales, has 30,000 registered patients in its
collective, and 75 full-time employees, DeAngelo says. His product is
tested for purity and potency at a laboratory he helped found, he says,
adding that during the past year's recession his staff grew from 43 to
75, and says he pays each a living wage, provides them with health
insurance and paid leave, and has recently added a pension program.

A lifelong cannabis activist and entrepreneur, DeAngelo has also come up
with a new business idea. He recently founded for-profit Harborside
Management Associates, a firm that currently does consulting for
cannabis dispensaries and hopes to become America's first franchised
medical marijuana operation.

College Course

Also located in Oakland is Oaksterdam University, a nonaccredited
private educational facility that teaches would-be dispensary owners to
operate their own medical marijuana clinics. About 6,000 students have
gone through its certificate program, which meets two hours a week for
13 weeks, says Greg Grimala, an Oaksterdam spokesperson.

While there is no requirement for dispensary operators to be certified,
education and training may help entrepreneurs gain local approval for
the facilities. "It's very, very important for people who want to open
dispensaries to work with their local government," Grimala says. "It's
the local government that's going to dictate whether they want to have
this business in their neighborhood. If you open up in a city that does
not want you there, they'll find a way to force you out."

Capital requirements for a new dispensary are $80,000 to $100,000
minimum, Grimala says. Richard Lee, who founded Oaksterdam University,
agrees. He operates the Coffee Shop Blue Sky in Oakland, a combination
for-profit coffee shop and for-profit medical marijuana dispensary that
he says brings in $3 million in annual revenue. (Oakland's local
ordinance calls for no "excessive" profit, and Lee says so far the city
has not deemed his dispensary to be making excessive profits.)

DeAngelo says he advises clients to plan on $250,000 in startup costs
for larger operations like his own at Harborside. Along with purchasing
marijuana plants and supplies, doing testing, staffing the facility, and
providing adequate security, local jurisdictions often impose fees for
licensing or conditional use permits, he says.

No Cash Cow

"If you think this is the newest way to make lots of money, I'd say get
into another business," DeAngelo says. "Even if you're wildly successful
and make a lot of money, you're going to have to give that back to the
community" because of the nonprofit business model, which he supports
for the future.

"This is an opportunity for social entrepreneurs, who are willing to
help suffering people feel better and expand the zone of freedom in our
country. The type of person who should get into this business will be
looking for less tangible rewards," he says.

Bruce Mirken, communications director of the Marijuana Policy Project, a
lobbying and educational organization that advocates legalizing,
regulating, and taxing marijuana, says that even in the states with the
most liberal laws, storefront dispensaries exist in something of a gray
area. While federal enforcement conflicted with state law, many cities
were reluctant to issue formal guidelines for dispensaries, leaving the
operators in legal limbo, he says. "Things will continue to evolve, and
my guess is that more states will be open in time, but that's anybody's
guess," Mirken says.

Still, in the past several years, model dispensaries and industry best
practices have begun to emerge. The Medical Cannabis Safety Council, in
conjunction with other medical cannabis policy groups, is attempting to
establish a self-regulatory model built on non-profit industries such as
hospital emergency rooms, says Mickey Martin, a founding project adviser
for the group and associate editor for West Coast Cannabis Magazine.

Ballot Initiative

DeAngelo says he is optimistic about his company's fortunes. "I believe
the Obama Administration is being honest with us when they say we won't
be raided by the federal government if we're in scrupulous compliance
with state law and local regulations," he says. He and other activists
are collecting signatures to place a marijuana legalization initiative
on the California ballot next year.

Tax Cannabis 2010 would allow cities and counties throughout the state
to tax and regulate marijuana for adult use. "We think it will bring our
laws in line with reality," Grimala says. Even if that initiative is
approved by voters—and it is certain to draw fierce
opposition—DeAngelo says he will push for the industry to remain
not-for-profit. "The country should get it right this time. Let's take
care of our cities and our schools and not give this one to the
multinational corporations," he says.

While he favors allowing adult recreational use, he says he is horrified
by the idea of children being exposed to over-the-counter marijuana
sales. "Do we want kids to walk into 7-Eleven past cigarettes and
booze—and marijuana also? Do we want them to open up Rolling Stone
and see a two-page glossy spread for reefers?"

---
Karen E. Klein is a Los Angeles-based writer who covers entrepreneurship
and small-business issues.


http://www.businessweek.com/smallbiz/content/nov2009/sb20091110_969628.h\
tm

City attorney urges moratorium on medical marijuana dispensaries


by Eric Pierce
Nov 10, 2009



City attorney Ed Lee will ask the City Council tonight to adopt a
moratorium on medical marijuana dispensaries.

The moratorium is necessary "to allow the city the opportunity to
adequately study and properly respond to the conflict between state and
federal law," Lee wrote in a staff report.

The report does not mention if the city has received a request to open a
medical marijuana dispensary. But tonight's agenda item is marked as an
"urgency ordinance."

(Brett adds - You can read the "Urgency Ordinance" at
http://64.60.105.26/weblink8/1/doc/109532/Electronic.aspx)

California voters approved Proposition 215 in 1996 that allows the
establishment of marijuana dispensaries for medicinal purposes. But some
cities have contended they can ban dispensaries through the federal
Controlled Substances Act.

According to the staff report, about 27 California cities and counties
regulate medical marijuana dispensaries. Approximately 30 have an
outright ban.

According to several websites, including www.weedmaps.com, at least a
couple of medical marijuana dispensaries already exist in Downey --
presumably without licenses.


http://www.thedowneypatriot.com/pages/full_story/push?article-City+attor\
ney+urges+moratorium+on+medical+marijuana+dispensaries%20&id=4403201&ins\
tance=pierce_left_column

Medical marijuana law gives businesses pause

There's ambiguity on how to enforce drug and alcohol policies


By Greg Stiles
Mail Tribune
November 10, 2009 5:00 AM



Conflicting state and federal laws have made it increasingly difficult
for employers to spell out and enforce workplace alcohol and drug
policies.

"We have this great confusion in the law because of the differing
federal and state laws on the medical marijuana issue," attorney Paula
Barran told a gathering of The Chamber of Medford/Jackson County Monday
afternoon at Rogue Valley Country Club.

"The law is, frankly, the biggest mess that I've ever seen," Barran
said. "Employers like you don't know what to do or how to handle drug
issues, and we have a lot of issues."

Forced to deal with increasing drug use in the work force, employers
frequently don't know which steps to take, she said.

"We live in a state where a lot of employers have this sense that 'I
really shouldn't be telling people how to live their lives,' " Barran
said.

She countered that notion with elements of federal law.

Occupational Safety and Health Administration standards include a
general duty clause requiring employers to provide a safe workplace.

"That should be the first motivator," Barran said, adding employers
could run into legal trouble if they hired or kept an employee who was
unfit for duty and caused injury to others.

She said employers should be clear with workers what the rules are, how
they are enforced and what the consequences are for violating them.

Barran said drug use is problematic in Oregon, and the legalization of
medical marijuana has created additional strains.

Adult marijuana use is 50 percent higher than the national average,
Oregon ranked No. 7 in per-capita abuse of methamphetamine and,
according to the state Human Services Department, 302,000 people —
10 percent of the population — need treatment.

Barran said medical marijuana was presented to voters as a palliative
measure for critically ill patients but that's rarely the profile of the
typical medical marijuana card holder.

"The morning after was the real problem for us," she said. "Because all
of the sudden, it turned out that medical marijuana was not being doled
out to people with serious debilitating diseases or in the last stages
of some fatal illnesses."

Of the nearly 25,000 medical marijuana card issued in Oregon, just more
than 21,000 cards were for "severe pain," while slightly more than 1,000
were for cancer patients, Barran said. In the past 12 months, she noted,
there have been more than 13,000 new applicants and almost 12,000
applications for renewal; 851 applications were denied.

The growing number of medical marijuana cards has given employers pause
and made Oregon an attractive place for drug users.

"Those of us who live in this state and love this state have to be
saddened by the thought that we may become a magnet for people who are
not coming to contribute to the life we have, but to possibly engage in
activities that are destructive of that life."

She said 77 percent of Oregon employers report substance abuse is a
concern, with more than 5 percent of people tested for illegal drug use
failing. In parts of Oregon, pre-hiring drug test failure is 60 percent,
which is 50 percent higher than the national average.

"If you look at people in the unemployment ranks," she said, "about a
third of them are really functionally unemployable because they have
some sort of serious drug abuse problem."

A pending case before the state Supreme Court involving Emerald Steel
will unravel some of the issues, she said.

In that case, the state Court of Appeals upheld a ruling by the state
Bureau of Labor and Industries that the steel fabrication company in
Eugene violated state laws barring discrimination against the disabled
by discharging an employee who used medical marijuana. A key issue was
the fact the employee never used marijuana in the workplace.

The case is on appeal to the Supreme Court and Barran said its ruling
could affect many employers in the state.

"You need to pay attention to that one," she said.

---

Reach reporter Greg Stiles at 776-4463 or e-mail
business@....

Workplace drug and alcohol policies

Employers should have an alcohol and drug policy that spells out:

      * What is expected.
      * What is prohibited.
      * How it will be enforced.
      * What are the consequences for a violation.

The employers should communicate the policy and enforce it evenhandedly.


http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20091110/BIZ/91110\
0308/-1/NEWSMAP

Maine Forms Task Force To Implement New Medical Marijuana Law


Source: Governor of Maine
Posted on: 10th November 2009



Governor John E. Baldacci today signed an executive order forming a task
force to make recommendations on the implementation of a new medical
marijuana law approved Tuesday by Maine voters.

"Given the results of Tuesday's election, it's my
responsibility to find the most reasonable way to implement the will of
the people while also ensuring that we have appropriate safeguards in
place to protect public health and safety," Governor Baldacci said.
"The law as written has shortcomings that must be addressed."

The task force will include 14 members, including representatives of the
Department of Health and Humans Services, law enforcement, the medical
community and patient advocates. Two members of the Senate may be
appointed by the President of the Senate and two members House of
Representatives by the Speaker of the House. In addition, the task force
may call upon other experts as necessary.

"It's important that we have a diverse group of people working
on this issue," Governor Baldacci said. "Creating a new
pharmaceutical distribution system is a complicated undertaking. Our
goal is to follow the spirit and intent of the law while avoiding
unintended consequences that could create serious problems in the
future."

The task force will:

Review the implementation of similar laws in other states; Make
recommendations on the implementation of the law in Maine, including
recommendations for changes in the enacted law that are deemed necessary
to ensure effective implementation and ongoing monitoring of the medical
marijuana program, and protection of public health and safety; and
Advise the Department of Health and Human Services in its development of
proposed rules and fee schedules.

Appointments to the task force have not been finalized. The task force
will make its recommendations by Dec. 31, 2009.

The text of the Executive Order follows:

04 FY 10/11

November 6, 2009

An Order Establishing the Committee on the Implementation of the Maine
Medical Marijuana Act

WHEREAS, it appears that on November 3, 2009 the citizens of Maine
approved the Maine Medical Marijuana Act; and

WHEREAS, the Act specifies short timelines for implementation; and

WHEREAS, there are numerous policy and procedural issues involving
various interests and stakeholders that must be considered and resolved
in order to effectively implement this law;

NOW, THEREFORE, I, John E. Baldacci, Governor of the State of Maine, do
hereby order the creation of the Committee on the Implementation of the
Maine Medical Marijuana Act.

Purpose

The Committee is created to perform the following functions:

Review the implementation of similar laws in other states; Make
recommendations on the implementation of the law in Maine, including
recommendations for changes in the enacted law that are deemed necessary
to ensure effective implementation and ongoing monitoring of the medical
marijuana program, and protection of public health and safety; and
Advise the Department of Health and Human Services in its development of
proposed rules and fee schedules.

Membership and Support

The Committee shall consist of fourteen members, ten of whom are
appointed by and serve at the pleasure of the Governor. The Commissioner
of the Department of Health and Human Services or her designee shall
serve as chair.

The Committee Members appointed by the Governor shall include:

A representative of the Department of Health and Human Services

A representative of the Department of Professional and Financial
Regulation

A representative of the Department of Public Safety

A representative of the Attorney General's Office

A representative of patients who would be qualifying patients under the
direct initiative

A representative of physicians

A supporter of the Direct Initiative "An Act to Establish the Maine
Medical Marijuana Act"

A representative of the hospice movement in Maine

Two members of the public

The President of the Senate may appoint two members of the Senate, and
the Speaker of the House may appoint two members of the House of
Representatives. Members appointed by the President of the Senate and by
the Speaker of the House shall serve at the pleasure of their appointing
authority.

The Committee may call on representatives of other state agencies or
organizations not represented on the Committee to provide limited
information or to participate fully in the Committee when, in the
Committee's discretion, that person has responsibilities or
expertise in a particular area that would be helpful to the work of the
Committee. Staff support to the Committee shall be provided by the
Department of Health and Human Services and other state agencies as
needed.

Procedures

The Committee shall meet at times and places called by the Chair, and
shall complete its work and make its recommendations by December 31,
2009. The members of the Committee shall serve without compensation.

Effective Date

The effective date of this Executive Order is November 6, 2009.


http://thegovmonitor.com/world_news/united_states/maine-forms-task-force\
-to-implement-new-medical-marijuana-law-14588.html

Public hearing to address marijuana

City planners to recommend cultivation limits and zoning restrictions


By Scott Mobley
Posted November 10, 2009 at midnight



The Redding Planning Commission will take a first stab at setting
marijuana cultivation limits and zoning restrictions for medical
marijuana collectives during a public hearing today.

City planners will recommend the commission limit outdoor marijuana
gardens to 100 square feet for the six mature plants allowed under Prop.
215. The gardens would have to sit behind a self-closing gate in a
6-foot-tall, "non-climbable" fence, under the proposed zoning
regulations.

Caregivers growing for more than one qualified medical marijuana patient
may apply to the city for outdoor gardens up to 200 square feet, under
the zoning city planners are proposing.

Planners also are urging the commission to adopt zoning that would
forbid medical marijuana cultivation within 50 feet of a front property
line, 25 feet of a side property line, 15 feet of a rear property line
and within 40 feet of any neighboring home.

Jess Brewer, CEO of the Trusted Friends collective in Redding, said the
proposed restrictions would effectively ban outdoor medical marijuana
cultivation on the city's myriad smaller lots.

"What are you going to do with a lady who lives in the Garden Tract
trying to grow one plant on her patio?" Brewer said. "She will not be in
compliance."

Brewer said he did not have any problems with the fencing requirements.

The proposed regulations on outdoor cultivation are meant to be a
starting point for discussion, planners said in their report to the
commission.

Planners did not take a position on indoor cultivation in their report,
but raised concerns about electrical fires and mold.

The commission's deliberations on marijuana cultivation come after the
City Council last month imposed a 45-day moratorium on new medical
marijuana collectives to allow officials time to develop regulations on
dispensary operations and cultivation.

Redding hosts an estimated 20-plus medical marijuana collectives, with
some observers putting the number as high as 40.

A council majority on Oct. 20 approved a set of regulations that would
subject medical marijuana collectives and their records to police
inspection.

The proposed regulations do not allow new collectives within 300 feet of
a residential district and within 1,000 feet of a school, day care
center, park or another collective.

Based on these restrictions, planners today will urge the commission to
adopt zoning forbidding medical marijuana collectives in zoning
districts for small office buildings and neighborhood shopping areas.

Redding's proposed medical marijuana regulations have divided the
council, which deadlocked while attempting to approve them on a routine
second reading during a special meeting Oct. 26.

Councilwoman Missy McArthur changed her initial yes vote to a no vote at
that meeting, saying the new ordinance posed too many unanswered
questions. Vice Mayor Patrick Jones has consistently voted against the
new ordinance, saying it conflicts with federal law, which outlaws
marijuana possession.

City Attorney Rick Duvernay has told the council that Redding and other
cities may regulate medical marijuana under guidelines adopted by the
state legislature in 2003.

The council is scheduled to take up the medical marijuana ordinance
again Nov. 17, when Mayor Rick Bosetti is expected to be present to cast
a tie-breaking vote.

Meanwhile, city planners will draw up more definite restrictions on
marijuana cultivation and zoning limits on collectives for commission
consideration Nov. 24. The commission is scheduled to vote on a final
set of regulations Dec. 8, according to a report.

Reporter Scott Mobley can be reached at 225-8220 or at
smobley@...



http://www.redding.com/news/2009/nov/10/public-hearing-address-marijuana\
/

Medical marijuana collectives, patients to meet over pot ban


By TANG LOR -DN Staff Writer
Updated: 11/10/2009 06:56:46 AM PST



Since the city's ban on medical marijuana, more people have shown an
interest, collective owners say.

The Mother Earth Medicine phone line has been busy with people calling
in to sign up. The collective is still accepting members, co-owner Jason
Labonte said.

Many people have been visiting the Tehama Herbal Collective in Corning,
which is owned by Labonte's partners Ken and Kathy Prather.

Some of them are not even medical marijuana patients but just people who
have stopped by to say they support patients' rights, Labonte said.

The Blue Toad Inc. has signed up at least 10 new members since the ban
went into effect Nov. 3, but it is no longer dispensing medical
marijuana, co-owner Ashley Aguiar said.

The Aguiars are voluntarily vacating the building at 206 Hickory St.
because they do not want their landlord to be involved. The city has
started citing the landlord for allowing the collective to operate on
the property, Aguiar said.

A letter by the Blue Toad owners posted on the door says the collective
is temporarily closed and encourages members to join us in the legal
battle to assert our rights.

The Blue Toad will not open again unless the ban is lifted, Aguiar said.

The Aguiars and Labonte, along with other local collective owners, will
hold a meeting at 6 tonight for medical marijuana patients to discuss
their rights.

Patients are planning a class action lawsuit against the city, Aguiar
said. The city's stepping all over our civil rights, she said. They're
acting like they are higher than the state of California and they are
not.

The meeting will be held at 780 Antelope Blvd. despite the owners still
not having a permit to occupy the building. We can have a meeting,
Labonte said. The city can't stop us from doing that.

Prather has said that he never intended to open a store-front dispensary
at the location. He only applied for a permit to occupy so patients can
have a place to assemble, but the city has unlawfully denied him the
permit.

The building is a political meeting hall for members and Mother Earth
Medicine is a political activism group, according its Web site.

Representatives from Cal NORML will be at the meeting, Aguiar said.

The group is a nonprofit medical marijuana advocacy group based in San
Francisco dedicated to reforming California's marijuana laws and
establishing rights for legal cannabis use, according to its Web site.

During City Council and Planning Commission meetings, City Attorney
Richard Crabtree said Prop. 215 and SB 420 do not preempt a city's
ability to enact zoning ordinances. He has pointed out that in the case
of the City of Claremont v. Kruse, the court upheld the city's decision
to ban medical marijuana dispensaries and properly withheld business
licenses for dispensaries.

Should any councilman or city staff be sued individually, they would be
protected since they were acting as city officials, City Manager Martin
Nichols said.

The temporary ban expires Dec. 18. City staff is hoping to have a
permanent ban in place by then.

A final vote to pass the ordinance will be taken at the Nov. 17 council
meeting. The ban would go into effect 30 days later if the vote is in
favor of the ban.

The ordinance would ban medical marijuana dispensaries, collectives and
cooperatives and cultivation.

-----

Staff Writer Tang Lor can be reached at 527-2153, extension 110, or at
tlor@...


http://www.redbluffdailynews.com/ci_13753785

PRESS RELEASE
Americans for Safe Access
For Immediate Release: November 10, 2009


AMA Report Recognizes Medical Benefits of Marijuana, Urges Further
Research
Largest and oldest U.S. physician-based group reverses long-held
position on medical marijuana

Houston, TX -- The American Medical Association (AMA) voted today to
reverse its long-held position that marijuana be retained as a Schedule
I substance with no medical value. The AMA adopted a report drafted by
the AMA Council on Science and Public Health (CSAPH) entitled, "Use of
Cannabis for Medicinal Purposes," which affirmed the therapeutic
benefits of marijuana and called for further research. The CSAPH report
concluded that, "short term controlled trials indicate that smoked
cannabis reduces neuropathic pain, improves appetite and caloric intake
especially in patients with reduced muscle mass, and may relieve
spasticity and pain in patients with multiple sclerosis." Furthermore,
the report urges that "the Schedule I status of marijuana be reviewed
with the goal of facilitating clinical research and development of
cannabinoid-based medicines, and alternate delivery methods."

The change of position by the largest physician-based group in the
country was precipitated in part by a resolution adopted in June of 2008
by the Medical Student Section (MSS) of the AMA in support of the
reclassification of marijuana's status as a Schedule I substance. In the
past year, the AMA has considered three resolutions dealing with medical
marijuana, which also helped to influence the report and its
recommendations. The AMA vote on the report took place in Houston, Texas
during the organization's annual Interim Meeting of the House of
Delegates. The last AMA position, adopted 8 years ago, called for
maintaining marijuana as a Schedule I substance, with no medical value.

"It's been 72 years since the AMA has officially recognized that
marijuana has both already-demonstrated and future-promising medical
utility," said Sunil Aggarwal, Ph.D., the medical student who
spearheaded both the passage of the June 2008 resolution by the MSS and
one of the CSAPH report's designated expert reviewers. "The AMA has
written an extensive, well-documented, evidence-based report that they
are seeking to publish in a peer-reviewed journal that will help to
educate the medical community about the scientific basis of botanical
cannabis-based medicines." Aggarwal is also on the Medical & Scientific
Advisory Board of Americans for Safe Access (ASA), the largest medical
marijuana advocacy organization in the U.S.

The AMA's about face on medical marijuana follows an announcement by the
Obama Administration in October discouraging U.S. Attorneys from taking
enforcement actions in medical marijuana states. In February 2008, a
resolution was adopted by the American College of Physicians (ACP), the
country's second largest physician group and the largest organization of
doctors of internal medicine. The ACP resolution called for an
"evidence-based review of marijuana's status as a Schedule I controlled
substance to determine whether it should be reclassified to a different
schedule. "The two largest physician groups in the U.S. have established
medical marijuana as a health care issue that must be addressed," said
ASA Government Affairs Director Caren Woodson. "Both organizations have
underscored the need for change by placing patients above politics."

Though the CSAPH report has not been officially released to the public,
AMA documentation indicates that it: "(1) provides a brief historical
perspective on the use of cannabis as medicine; (2) examines the current
federal and state-based legal envelope relevant to the medical use of
cannabis; (3) provides a brief overview of our current understanding of
the pharmacology and physiology of the endocannabinoid system; (4)
reviews clinical trials on the relative safety and efficacy of smoked
cannabis and botanical-based products; and (5) places this information
in perspective with respect to the current drug regulatory framework."

Further information:

Executive Summary of AMA Report:
http://AmericansForSafeAccess.org/downloads/AMA_Report_Executive_Summary\
.pdf

Recommendations of AMA Report:
http://AmericansForSafeAccess.org/downloads/AMA_Report_Recommendations.p\
df

American College of Physicians resolution:
http://www.acponline.org/advocacy/where_we_stand/other_issues/medmarijua\
na.pdf

# # #


With over 30,000 active members in more than 40 states, Americans for
Safe Access (ASA) is the largest national member-based organization of
patients, medical professionals, scientists and concerned citizens
promoting safe and legal access to cannabis for therapeutic use and
research. ASA works to overcome political and legal barriers by creating
policies that improve access to medical cannabis for patients and
researchers through legislation, education, litigation, grassroots
actions, advocacy and services for patients and the caregivers.



--

Kris Hermes
Media Specialist
Americans for Safe Access
www.SafeAccessNow.org
1322 Webster Street, Suite 402
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris@...

Americans for Safe Access (ASA) is the largest national member-based
organization of patients, medical professionals, scientists and
concerned citizens promoting safe and legal access to cannabis for
therapeutic use and research.

Medical marijuana vs. liquor licence feud continues


Jordana Huber
Canwest News Service
Published: Tuesday, November 10, 2009



TORONTO -- The Federal Court has declined to throw out the case of an
Ontario restaurant owner who wants one of his former patrons stripped of
his right to smoke medical marijuana.

Ted Kindos, owner of Gator Ted's Tap and Grill in Burlington, Ont., is
seeking a declaration from the Federal Court that people with a permit
to smoke medicinal marijuana cannot do so in a public place or any
licensed establishment.

He also wants the court to order Health Canada not to renew the permit
of his former patron, Steve Gibson, arguing Mr. Gibson has not been in
compliance with its terms of use.

Federal government lawyers sought to dismiss the case, arguing there is
no dispute that requires adjudication because Health Canada does not
purport to authorize permit holders to smoke marijuana in violation of
any applicable law or in an establishment subject to Ontario's liquor
licensing laws.

In his decision released Monday afternoon, Federal Court Prothonotary
Kevin Aalto said Gator Ted's is "caught in a conundrum" between Ottawa's
medical marijuana regulations and its obligations under the regulations
of the Liquor License Act of Ontario.

The restaurant "ought to have its day in this court," the decision said.

A prothonotary performs some of the same functions as a judge in the
Federal Court.

Mr. Kindos is facing a human-rights complaint for asking Mr. Gibson not
to light up outside his business. Mr. Gibson contends in his human
rights complaint that he's being discriminated against because he has a
disability.

Mr. Kindos argues he could lose his liquor licence if he allows Mr.
Gibson to smoke or hold the controlled substance in or out front of his
restaurant.

Where an authorized permit holder uses marijuana is not governed by
federal regulations but Ottawa is considering whether it should be.

Health Canada said it is looking at developing options that would
"clarify and limit" where permit holders could smoke.


http://www.nationalpost.com/news/story.html?id=2206243

A bigger fix for medical marijuana


Publish Date: 11/10/2009



When voters chose to allow marijuana to be prescribed as a medical
treatment, many likely thought the number of users would be small.

After all, the campaign literature for Amendment 20, which passed in
2000, said the treatment would go for those with debilitating diseases
such as cancer, glaucoma and AIDS for which no other treatment would
seem to be effective.

Imagine the surprise, then, when a large number of young adults
complaining of "chronic pain" started showing up at medical
marijuana dispensaries around the state. They seem to be looking at
filling a need — chronic, but not pain.

The amendment's drafters did not tackle the issue of how medical
marijuana would be distributed. They felt such language would violate
the single-subject provisions governing initiated measures.

What's arisen since its passage has been a piecemeal approach from
municipalities across the state. Some have chosen to prohibit
dispensaries altogether, such as Greeley, while others are at various
stages of regulation.

What this means is that some cities have become hotbeds of medical
marijuana activity, and some crime associated with the dispensaries has
been reported statewide.

Also, the definition of who are caregivers and their relationships to
their patients needs to be clarified. Recent rulings have generated
questions that should be addressed in a reasonable fashion, not on the
fly.

Because of this patchwork approach, the Colorado Legislature should step
in to ensure voters' wishes are fulfilled without turning the
process into a free-for-all.

Voters may have made a clear choice about whether to approve marijuana
as a medical treatment, but the implementation is generating more
concern with every passing day.


http://www.timescall.com/editorial/editorial.asp?ID=19181

To update: The most serious charge of child endangerment was dropped
yesterday. The judge said that Craig did everything possible to keep the
11 yo away from the marijuana, on the stand the police officer recanted
his original claim that he saw bongs in the tshirt shop next door where
the young man was found.

Craig still faces 3 counts, one count of possession and two counts of
sales (each undercover cop bought a gram so 2 counts).

The judge also revoked Craig's current probation, released him on OR
until a probation hearing/2nd arraignment on Monday Nov 23, 2009 at the
LAX Airport Courthouse on LaCienega. Craig is looking at 5 years on the
probation violation and is concerned he may be taken into custody at the
hearing on the 23rd.

The LAPD officer who did the testifying and was one of the cops who did
the control but at Temple 420 was Cecil Mangrum who has a valid doctors
rec and ID under the name of Cecil Mallard. The rec is from Dr.
Eisenberg. On the stand he stated he has done 15 controlled buys of
marijuana at medical marijuana collectives in LA but that the Craig
Rubin case is the only one that charges have been brought against to
this date.

The judge said that Craig failed to meet the test of a caregiver as
defined by Mentch and pointed out that he had no prior caregiving
relationship with the police officers before selling them marijuana. He
did not inquire about their health, safety, housing, etc.


Peace

brett



--- In mmjnews@yahoogroups.com, "post2news" <brettsaddress-test1@...>
wrote:

Court Support: Craix X Rubin - Temple 420 - Monday 11/9 LAX Airport
Courthouse, 8:30 AM


Craig X Rubin who was arrested when LAPD raided the Temple 420 medical
marijuana collective in Los Angeles will be in court Monday morning
11/9/09 at 8:30 AM.

Hearing is at the Airport LAX Superior Courthouse, 11701 La Cienega
Blvd, LA, 90045. He will be in Division 142 @ 8:30 AM.

Please come out and support Craig Rubin. Spread the word please.

Thank you.

Peace

brett

--- End forwarded message ---

Council tables medical-marijuana ordinance



MATT HAGENGRUBER
The Gazette Staff
Posted: Monday, November 9, 2009 11:15 pm



After a passionate public hearing Monday night, the City Council stepped
back from imposing restrictions on the city's budding medical marijuana
industry.

The council voted 10-0 to table an emergency ordinance that would have
limited where medical marijuana businesses can locate, but a refined
ordinance will return to the council at an upcoming meeting.

Two weeks ago, Councilman Denis Pitman recommended an emergency
ordinance that would have kept medical marijuana businesses away from
residential zones and public places such as schools, churches, parks and
day-care centers.

The six-month ordinance would have given the city time to work on
permanent rules. The proposed rules would have subjected medical
marijuana businesses to limits faced by some adult businesses.

But medical marijuana activists showed up Monday night in opposition,
saying the rules would limit where they could conduct a legal business.
More than one speaker threatened the city with a lawsuit within 48 hours
if the council passed the ordinance.

"You cannot include medical marijuana in the category of adult
businesses, or it will get you in legal trouble," said Mariah Eastman,
who said she was an attorney.

City Attorney Brent Brooks noted that the recent state law legalizing
medical marijuana is vague on how such businesses should be run, and
Billings seems to be the first city to address the issue. He suggested
toning down talk of lawsuits.

"Work with us, not against us," Brooks said.

But one activist, Doug Medina of Billings, accused the council of
laughing at medical marijuana patients. Medina's son, also named Doug
Medina, said that 44,000 potential medical marijuana patients live in
the Billings area.

"All of you are laughing," the senior Medina told the council. "You're
so naďve. You don't realize that there are sick people out there."

After hearing the testimony, the council decided to give city staff more
time to come up with rules on where medical marijuana businesses could
operate. Council members said they didn't want to classify medical
marijuana with adult businesses.

City staff pointed out that selling medical marijuana from a home is
already illegal, as are most other home-based retail businesses.

The other contentious issue on the agenda was the Billings Bypass
project, also known as the Outer Belt Loop. The proposed highway would
link Interstates 90/94 with Highway 3, providing a northern route around
the city for truck traffic.

The project is estimated to cost up to $250 million and take 25 years to
build, so the council voted to recommend building the roadway in phases.
The city's representative on the regional Policy Coordinating Committee
will take that recommendation to today's PCC meeting. The four-person
PCC has final say over the project.

The project is in the environmental review stage, and no final route has
been determined. Still, landowner Janice Linn is convinced that the road
will plow through her property along Highway 3. As she has at other
recent meetings, she railed against the project Monday night.

"The government entity that seizes my land will have to send armed men
to take it from me," she said. "They'll have to shoot me."

Contact Matt Hagengruber at mhagengruber@... or
657-1261.


http://billingsgazette.com/news/local/government-and-politics/article_f5\
b607ec-cdc0-11de-be8e-001cc4c03286.html

Meeting to address marijuana grows on public land


By Staff reports
Updated: 11/09/2009 10:11:03 PM PST



LAKE COUNTY Whereas many people are for legalizing marijuana there is a
dark side in regard to the illegal growing of cannabis on our public
lands.

In a just released document by the State Bureau Narcotics Enforcement,
Lake County had the second highest number of marijuana plants
confiscated in the state. So far this year the law enforcement agencies
have confiscated 506,506 plants in the county. The leading county was
Shasta County where 557,862 plants were eradicated. Mendocino County had
440,689 plants seized.

The damage done to wildlife, streams and the environment by the illegal
growers runs into the millions of dollars. Wildlife are killed and
streams are dammed up plus tons of garbage are left in the marijuana
gardens.

The Lake County Fish and Wildlife Advisory Committee will host a public
meeting titled "The Illegal Marijuana Production and its Impacts on Fish
and Wildlife Resources in Lake and Mendocino Counties." The meeting will
be on Nov. 19 starting at 6:30 p.m. at the Lake County Board of
Supervisors Chambers, located at 255 N. Forbes St. in Lakeport.

According to Fish and Wildlife Advisory Committee chairman Greg Giusti,
the principal speakers will be Rich Burns and Gary Sharp of the Bureau
of Land Management. They will review more than 20 years of experience
dealing with the impacts of clean-up costs and rehabilitation of
destroyed habitat on public lands. Also on the agenda will be Steve
Brooks and Rod Mitchell of the County Sheriff's office as well as
representatives from the U.S. Forest Service.

"In general terms, we have all heard anecdotal stories for years
regarding the illicit cultivation of marijuana and the associated
impacts with poaching, poisons, fertilizers and stream diversions on
public lands. This will be the first time (maybe in the State) that the
topic will be discussed in a public forum. My personal hopes are that we
can write up this information and present it to the Board of Supervisors
of Lake and Mendocino counties as a white paper so that they can forward
it to the Department of Fish and Game and the Department of Justice in
Sacramento to bring more money to the problem," Giusti said.

The meeting is open to the public and free. More information about the
meeting can be obtained by calling Giusti at 263-6838.


http://www.record-bee.com/ci_13751749

New Mexico approves 5 medical marijuana producers (5:06 a.m.)


By Diana Washington Valdez / For the Sun-News
Posted: 11/10/2009 05:05:45 AM MST



The New Mexico Department of Health has approved five producers that can
produce and dispense medical marijuana for pre-approved patients,
officials said Monday.

The health department approved the first producer earlier this year,
which began dispensing cannabis in July, and recently approved four new
applicants. Twenty-one additional producer applications are pending.

Officials are keeping confidential the names and locations of the
licensed producers; they are known only to state regulators and patients
who use them.

"We are the first state to develop this kind of distribution system for
medical cannabis, and we will continue to proceed carefully with the
development of the program so we can meet the needs of our patients
while not creating an excess supply," Dr. Alfredo Vigil, the state's
health secretary, said in Santa Fe. "The medical cannabis program is for
people who cannot get relief from their suffering from any other means.
We are very proud of the program's success so far."

Efforts to get similar state legislation passed in Texas have been
unsuccessful so far. During the Texas 81st Legislature, state Rep.
Elliot Naishtat, D-Austin, introduced House Bill 164, which would permit
the use of marijuana for medical purposes in Texas.

The legislation was referred to the Public Health Committee in February,
but did not advance beyond the committee before the session adjourned in
June, according to the state's bill tracking service.

Retired DEA official Phil Jordan, a former director of the El Paso
Intelligence Center, said authorizing the use of medical marijuana is
bad public policy.

"The marijuana available today is much more potent than it was in the
past," Jordan said. "It is a known gateway drug to harder drugs. It
seems like we're throwing in the towel instead of trying to protect the
younger generation from the ill effects of marijuana.

"More to the point, I would not want to have surgery in New Mexico,
where a doctor or a medical assistant under the influence of pot might
operate on me."

Chris Minnick, spokesman for the department, said New Mexico's health
department is not getting involved in determining the quality of the
marijuana its licensed producers offer, or how producers obtain their
supplies, such as seeds and plants.

Patients who receive permission to obtain medical marijuana also can
apply for a license to produce their own cannabis, Minnick said.

The department has approved 809 patients since the program began in
2007; eight of them have since died.

Under the current rules, a nonprofit producer in New Mexico could supply
medical cannabis to as many as 100 patients. Producers are allowed to
have 95 mature plants and seedlings, and maintain an inventory of usable
medical cannabis for patients.

Patients are allowed to possess six ounces of medical cannabis.

For patients to qualify, a doctor must certify that they have one of the
15 conditions or ailments that are debilitating and cannot be helped by
standard treatments.

The qualifying conditions include: severe chronic pain, painful
peripheral neuropathy, intractable nausea/vomiting, severe
anorexia/cachexia, hepatitis C infection currently receiving antiviral
treatment, Crohn's disease, post-traumatic stress disorder, amyotrophic
lateral sclerosis (Lou Gehrig's disease), cancer, glaucoma, multiple
sclerosis, damage to the nervous tissue of the spinal cord with
intractable spasticity, epilepsy, HIV/AIDS, and hospice patients.

---
Diana Washington Valdez may be reached at dvaldez@ elpasotimes.com;
546-6140.


http://www.lcsun-news.com/las_cruces-news/ci_13752065

Grand Rapids official recommends 6-month moratorium on permits to sell
medical marijuana


By The Grand Rapids Press staff
November 09, 2009, 11:58PM



GRAND RAPIDS -- Grand Rapids Planning Director Suzanne Schulz is asking
the City Commission to wait six months before acting on any request for
a permit or license to sell medical marijuana in the city.

The moratorium will give Schulz and the commission time to amend the
city's zoning ordinance to regulate medical marijuana sales.

Recent state laws require the city to include medical marijuana
dispensaries in the city zoning code, Schulz said.

A year ago, Michigan voters overwhelmingly approved a medical marijuana
ballot measure, allowing severely ill patients to use the drug.

E-mail the author of this story: localnews@...


http://www.mlive.com/news/grand-rapids/index.ssf/2009/11/grand_rapids_of\
ficial_recommen.html

Abuse of medicinal drug laws did not start with marijuana


November 09, 2009 9:02 AM
DAVE PHILIPPS
THE GAZETTE



Seemingly healthy young men are asking for intoxicating pain medication
with a wink, a nod and suspiciously vague symptoms. Sympathetic
physicians are making good money writing them prescriptions. New
dispensaries are springing up all over Colorado Springs to capitalize on
the legal gray area. Local officials and police are outraged.

The city promises a crackdown.

The brouhaha makes headlines in '09.

1909.

The drug in question was not medical marijuana, which has been in the
news so much lately. It was medical whiskey, and the similarities to
today's prescription pot predicament are remarkable.

A century ago, drinking alcohol for enjoyment was illegal in Colorado
Springs, as recreational pot smoking is today. City founder Gen. William
Jackson Palmer had forbidden liquor from being made or sold anywhere in
the city.

"Palmer wanted to create an attractive, orderly city that would
appeal to new settlers, as opposed to some of the wilder communities in
the West with their saloons," said Matt Mayberry, director of the
Colorado Springs Pioneers Museum. "But, people still want their
alcohol and will come up with inventive ways to get around the law."

In Palmer's town, the way around the law was through the doors of
the local pharmacy.

City law granted an exception for medicinal liquor. With a doctor's
prescription, a patient could buy a quart of whiskey at one of several
local pharmacies and take it home. Shots were forbidden. So were pints
of beer. It seemed to be a compassionate compromise. In an era when
local doctors still sometimes prescribed heroin to treat tuberculosis,
alcohol was seen as legitimate medicine.

But locals could not help but notice that a surprising number of healthy
men were showing up at the pharmacy counter with doctor's notes.
Their most common malady, which required a stiff dose of whiskey, was
"snakebite."

"More people are bitten by snakes than in any town of this size that
I know of," a correspondent from the Pueblo Chieftain wryly noted in
the 1880s. "It is a little remarkable with what facility a man can
get a prescription for snakebite in such a temperance town."

The same shenanigans seem to be back in style.

Marijuana is illegal in Colorado, but under a constitutional amendment
passed by voters in 2000, people with "debilitating medical
conditions" can register with the state to use the plant. The law
says "primary care givers" can legally supply patients with
their prescription pot.

State and local governments are struggling to define what the language
really means. In the meantime, some people are treating it like medical
whiskey all over again. About 400 people a day were signing up for the
state's medical marijuana registry during a rush in October,
according to the Department of Public Health and Environment, which
oversees the registry. Almost a quarter of them are men under age 30.
They are the fastest growing group of medical marijuana users, and the
majority say they need to smoke pot because of "severe pain."

Public health officials think it may just be a new version of an old
excuse — snakebite 2.0.

To serve this new group of patients, almost 100 dispensaries have opened
in Colorado, including at least a dozen in the Pikes Peak region.

"Is it really all a sham? Were they getting the whiskey just for
recreation? And are they doing the same thing with marijuana now?"
asked Dan Zook, Assistant District Attorney for the Fourth Judicial
District Attorney's Office. "I don't know. There are
legitimate patients out there. But let's face it, we have a lot of
recreational users."

At the turn of the century, the sham was pretty obvious.

Most of the pharmacies up and down Tejon Street dispensed with the
formalities of fake illness and just began quietly pouring drinks.

Samuel Le Nord Caldwell, a local doctor, wrote in 1901 in a letter to
future residents of the city that, although Colorado Springs was
officially a dry town, all pharmacies "serve drinks to their patrons
from their soda water fountains and one who 'knows the ropes' can get
almost any kind of a drink."

A chap just had to sidle up to the counter at the back, according to the
editor of the Colorado City Iris, and "ask for `a nectar' at
one establishment or `a wild strawberry' at another."

There were crackdowns, of course. Police raided offending druggists and
courts hit them with heavy fines in 1895, 1898, 1900, 1904, 1905, 1907,
1910 and 1911, according to newspapers.

But crackdowns never stemmed the flow of drink.

One flabbergasted editor wrote, "There are several druggists in town
who have violated the liquor laws almost every day and the profits from
their illegal business is so great that they can well afford to spend
thousands of dollars evading conviction."

The big profits spawned robberies and fights. In 1908, the wildly
prosperous owner of the South End Pharmacy, who liked to wear huge
diamond rings, was lured to the edge of town, robbed and shot dead.

The D.A.'s office says the modern-day medical marijuana situation
has spawned a similar increase in violence and theft.

"We've seen home invasions. Three murders directly stem from
marijuana. We haven't seen this much crime associated with marijuana
in years," Zook said.

The city of Colorado Springs, like many towns in the state, is
considering strict regulations for marijuana sellers. The days of the
dispensary boom may be numbered. But keeping a lid on abuse of the law
may prove tricky, if history is any indication.

The Springs never figured out how to stem the flow of medicinal whiskey.

In 1911, Colorado Springs Mayor Henry Hall pushed the city to get rid of
the anti-alcohol laws, saying it was better to have saloons than back
room pharmacy hypocrisy.

"Colorado Springs is living a lie in the pretense of prohibition
— and it is not wholesome to live a lie,"  he warned.

But prohibition, and the swift business of drugstore spirits, remained
the status quo in the city until national Prohibition was repealed in
1933.

Call the writer at 636-0223



http://www.gazette.com/news/colorado-66019-springs-good.html

Trinidad says no to pot dispensaries

City Council to consider final passage of prohibition Nov. 17.


By ANTHONY A. MESTAS
THE PUEBLO CHIEFTAIN
November 10, 2009 12:06 am



TRINIDAD - While health and law enforcement officials throughout the
nation are looking for ways to regulate medical marijuana, City Council
has voted for an ordinance that prohibits the operation of medical
marijuana dispensaries within city limits.

City Manager Jim Soltis said Monday that the council has unanimously
approved on first reading an ordinance that will keep medical marijuana
outlets from operating in town.

A final vote is scheduled for Nov. 17.

Soltis said that there were a number of issues that concern council
members about dispensaries in city limits.

"Primarily there was a concern about the abuse of marijuana and the
ability to provide proper enforcement and regulations (to the
dispensaries)," Soltis said. Colorado voters approved medical marijuana
use in 2000. The law states that it is up to local governments to set
regulations for dispensaries.

Mayor Pro-Tem Liz Aragon said that the law is too vague.

"It makes it extremely difficult if not impossible to regulate," Aragon
said.

"You don't know where the marijuana is coming from and you can't
regulate the use."

Aragon also said that allowing marijuana dispensaries in town would be a
contradiction to federal laws which make it illegal to distribute a
controlled substance.

"The law in Colorado is kind of vague on that. We see it as illegal,"
Aragon said.

Council member Nancy Ellis has a different take on the issue.

Ellis said that she sees marijuana dispensaries as a new "gold rush" to
Colorado.

"I don't want Trinidad to be the guinea pig for this issue. This appears
to me to be sort of a slow-motion legalization of marijuana, the way
this is all playing out in the national spotlight," Ellis said.

"Colorado is among the first states in the national spotlight on this
issue and it's affecting the real estate market. I've been reading in
newspapers that people from California are inquiring and coming into the
state, buying space to start (marijuana dispensary) operations."

Ellis also said that the number of people in Colorado requesting for
medical marijuana cards is laughable.

"I totally believe that marijuana can be used medicinal(ly), there is
that need. But I don't think that we have that much people in the state
that need it," Ellis said.

Ellis said that she doesn't want Trinidad to take the lead on this issue
and that she would rather ban the dispensaries for now and wait a year
or two until the laws change.

"We can always lift the ban. I just don't want to be in the forefront of
a gold rush."

Currently there is a moratorium in place for the issuance of any
business licenses for any such dispensary while City Council evaluates
what actions to take.

City officials said that they have been approached by two parties who
are interested in operating dispensaries in the city.

Initially, City Council enacted an emergency moratorium that was in
effect for 30 days which was followed by a 60-day moratorium scheduled
to run through the end of November.

Last week Alamosa City Council passed a moratorium on the licensing of
medical marijuana dispensaries for 180 days. Monte Vista will see a
similar measure on its agenda next month.

anthonym@...


http://chieftain.com/articles/2009/11/10/news/local/doc4af903f88f9d65675\
08532.txt

Medical pot ruling makes its way to Denver court


The Associated Press
Aspen, CO Colorado

Tuesday, November 10, 2009



DENVER — A Denver judge will hear arguments on whether to block a
state health board ruling that narrowed the definition of who can supply
medical marijuana.

The hearing was called for by medical marijuana advocates who say the
state health board's decision last week was made with little notice of
the vote.

Denver District Court Judge Larry Naves will preside over the hearing
Tuesday morning.

The board temporarily eliminated its definition of "significant
responsibility" for a caregiver because it conflicted with an Appeals
Court ruling. That ruling said suppliers must do more than just provide
medical marijuana to be considered a caregiver.

The state health board will take a final vote Dec. 16.


http://www.aspentimes.com/article/20091110/NEWS/911109988/1058/RSS

On Medical Pot: Where are the Doctors?

The Doctor is Out


By Ken Alpern

CityWatch
Vol 7 Issue 92
Pub: Nov 10, 2009



In this ever-growing debate about medical marijuana and the explosion of
medical marijuana dispensaries in the City of Los Angeles, I've
noticed a considerable absence to date:  doctors.  You know, those
ladies and gents who've trained for years to treat pain and
suffering with all sorts of medications and procedures?

Funny how doctors aren't busting at the seams to expand the use of
medical marijuana … at least not the reputable ones?

Of course, unlike the bozos who get busted for over-prescribing
pain-killers (and who've helped enable the premature demise of a few
rich celebrities), and unlike those physician entrepreneurs who will
write recommendations for medical marijuana without knowing what the
hell the patient will actually get, or what the patient's problem is
(as Steve Lopez has done a great job detailing in the L.A. Times),
[http://www.latimes.com/news/local/la-me-lopez28-2009oct28,0,874874.colu\
mn]    virtually all honorable physicians will abstain from such a
practice.

So…why is that?  Is it because physicians don't get a cut of the
pharmaceutical action?  Hardly—the myth of physicians getting a
kickback on the prescriptions they sell is just that … a myth.  (And
if it ain't a myth then I am royally pissed off because I am owed
one humongous check after 16 years of practice!)

If anything, physicians who "go herbal" stand to make quite a
profit by attracting a conga line of reefer-seekers, as do the
physicians who practice the `ol OxyContin Orgy.  In fact, the
comparison is quite accurate—and appropriate—because those few
"alternative medicine" and "natural medicine" docs are
all about the money, as their legal and tax-evading histories always
reveal when they're invariably taken out by law enforcement.

(I make a notable exception for those few true-believing docs who have a
much lower income than their peers and who vigorously fight to keep an
open mind, expand the limits of scientific knowledge and who do
everything above board.  I may not always agree with them, but I admire
their aspirations and motivations as scientists and physicians.)

So … again … why is it that most physicians aren't at the
front-line of expanding medical marijuana?  Are they just callous,
cruel, pain-aloof jerks that don't understand suffering until they,
too, are patients?

Maybe a few are, to their own discredit, but considering that physicians
regularly and daily write for narcotics and other controlled substances,
and are increasingly trained towards the recognition and unfulfilled
needs of suffering patients, I doubt any logical connection can be made
for a double-standard when it comes to medical marijuana.

So … yet again … why the reticence of physicians to jump on
board the medical marijuana express?

Here's the answer, which is two-fold:  it's that primum non
nocere thing, that "first do no harm" thing that's so
fundamental to the Hippocratic Oath; and it's that Scientific Method
thing, that pretty much says that whatever suspicion you've got in
your gut, no matter what you feel in your heart, and regardless of
whatever anecdotal experiences you've seen and had, that you know
NOTHING without proof … a lot of proof … and a lot of repeatable
proof.

I'm sure that my experiences as a dermatologist won't convince
many reading this that I understand pain and suffering—after all,
I'm not a "real doctor" who deals in cancer and wasting
away, right?

I'm pretty certain, however, that the miserable itching, discomfort
and disfigurement (physical, mental and emotional) of the chronic
eruptions, infections and skin cancers I deal with on a daily basis (I
do virtually no cosmetic stuff, just the strict medical conditions that
are the central and time-honored core of dermatology that keeps me more
than a little busy) would allow me to start recommending medical
marijuana if I felt there was any benefit—or proof—that it would
help my patients.

Unfortunately, neither me nor my dermatologic colleagues nor the primary
care specialty physicians I work side by side with have any proof, or
any desire, to chart the horribly untested waters of medical marijuana.
Of course, a little proof would go a long way toward expanding the
options that we so ardently seek for the patients we care for, and for
those we virtually consider to be extensions of our own families.

So please lemme summarize and refute the ol' canards that will
invariably be thrown my way or toward any other medical professional who
raises concerns about the explosion of medical marijuana throughout the
"open-minded" City of the Angels, and which are altering many if
not virtually all neighborhoods with respect to crime, traffic, and
health-related impacts:

1) There are no MS Contin, Valium, Codeine or any other types of
"dispensaries" throughout our city, but there are lots of
pharmacies that rigidly and professionally protect these controlled
substances from being abused by drug-seeking individuals—and, in
fact, computer tracking systems are increasingly utilized to protect
from the illegal sale and overdosage of these agents; there is nothing
whatsoever in place for medical marijuana dispensaries

2) It may shock you that a lot (maybe most?) physicians, like most
voters, favor medical marijuana in some way, shape or form—but not
from dispensaries that violate the intent of the legalization of medical
marijuana; if anything, the runaway explosion of such dispensaries
threaten a crackdown that would jeopardize the access of legitimate
patients who've benefited from the use of medical marijuana

3) The quantified dosage and specific types of medical marijuana for a
given disease (cancer, cachexia, etc.) have yet to be described, and to
lump "medical marijuana" into one entity is the same as lumping
narcotics, antidepressants, anti-anxiety medications, etc. into a single
entity; it's not scientific, and it begs correction in the worst
kind of way

4) As unpleasant as it is to raise the issue that the placebo effects
works in up to 33% of patients in double-blind, placebo -controlled
trials (even when it comes to cancer!), the questions of whether the
illegality, the alternative lifestyle aspects, the mood-altering
effects, and the cigarette/brownie administration affects the resolution
of symptoms in patients remain thoroughly unanswered; in other words, if
a legal inhaler or pill of either THC or a THC-like agent was available,
would it work less than currently smoked or oral marijuana because it
lacked the latter's placebo effects?

5) What is the role of special (and legal/above board) pharmacies (such
as those dispensing cancer-fighting agents and the more potent narcotics
that now exist) in dispensing medical marijuana?

My final point is not only that of a physician, but of a neighborhood
council boardmember, and of someone interested in transportation and
neighborhood planning and preservation, and as a devoted family man with
children:  I am aware that high-functioning individuals can consume
marijuana, alcohol and even heroin without any impacts whatsoever on
their lives and the lives of those they interact with.

Unfortunately, it is those of lower functioning capabilities, and with
less self-control (some of whom have been fellow physicians, by the way)
that force me to support the efforts of City Attorney Carmen Trutanich,
County District Attorney Steve Cooley and the L.A. City Council to reign
in "medical marijuana" … which is much, much more
concentrated, addictive and dangerous than the "reefer madness"
marijuana of the 1950's.

Because "medical marijuana" is NOT being sold and distributed in
a "medical" fashion, because it IS out of control and IS leading
to crime, neighborhood deterioration and a horrible message to children
who are seeing adults not acting like grownups … and (please mark my
words here) will lead to a frightening wave of Driving-While-Stoned
incidents by individuals who are exploiting the facilitated availability
of high-grade, new-wave marijuana without being counseled and monitored
to utilize the judgment so critical for any controlled substance.


(Ken Alpern is an Associate Professor at UC Irvine Department of
Dermatology Residency Program and Chair of the Department of Dermatology
at Talbert Medical Group.  He is also a Boardmember of the Mar Vista
Community Council (MVCC) and is both co-chair of the MVCC
Transportation/Infrastructure Committee and past co-chair of the MVCC
Planning/Land Use Management Committee.  He is co-chair of the CD11
Transportation Advisory Committee and also chairs the nonprofit Transit
Coalition, and can be reached at Alpern@.... The views
expressed in this article are solely those of Mr. Alpern.)


http://www.citywatchla.com/content/view/2896/

After pot dispensary case tossed, Oakdale man wants to reopen store


By Merrill Balassone
mbalassone@...

last updated: November 10, 2009 12:08:03 AM



Addison DeMoura still wants to do business in Oakdale, even after drug
agents raided his medical marijuana dispensary and took him from his
house -- handcuffed and in underwear, he said -- as a newspaper reporter
snapped photographs.

Now, more than two years after his arrest, the case against DeMoura, 35,
and the Oakdale Natural Choice Collective has come up empty.

Stanislaus County Superior Court Judge Nancy Ashley agreed last month to
dismiss a host of felony charges against DeMoura, his wife and employees
for lack of evidence.

Ashley said law enforcement officers left out "very important" facts
when they asked for a search warrant for the East F Street collective.
One of those facts, the defense argued, was that a confidential
informant sent by agents to buy marijuana had a valid medical
recommendation as required by California law.

"It's a huge victory for medical marijuana patients and providers," said
Kris Hermes of Oakland-based Americans for Safe Access, a medical
marijuana advocacy group. "I think this decision is something for other
courts to take heed of across the state."

Prosecutor Shawn Barlow said it was "highly unlikely" he would refile
charges against DeMoura. But he said the district attorney's office will
continue to prosecute medical marijuana dispensaries running afoul of
state law.

"This is not a referendum or a victory for medical marijuana, far from
it," Barlow said. "These storefront dispensaries are often fronts for
illegal activities, including large-scale marijuana cultivation and
sales. ... We're not just going to stand by and let those things
happen."

Although growing, selling and using medical marijuana is allowed under
state law, Modesto and four other Stanislaus County cities have banned
medical marijuana sales, according to Americans for Safe Access. Oakdale
is among the cities that have passed moratoriums on pot sales. The city
did so shortly after the Natural Choice Collective opened in April 2007.

Oakdale's moratorium has expired, said Police Chief Marty West, so
council members will have to act quickly in deciding whether to ban or
allow medical marijuana sales within the city limit.

"There was a lot of public outcry over the dispensary because a lot of
people felt it was a criminal enterprise," West said. "This community's
not going to be real receptive to a marijuana dispensary. My position is
it's likely we're not going to allow it."

The county is one of seven in the state to pass a ban for unincorporated
areas, but the legality of such bans is being litigated in appellate
courts, Hermes said.

Just this year, Stanislaus County supervisors grudgingly allowed the
county health department to issue medical marijuana cards, required
under a state law ordering jurisdictions to comply with California's
Compassionate Use Act.

Sheriff Adam Christianson said anyone seeking to open a medical
marijuana dispensary in Stanislaus County will attract the attention of
law enforcement.

"If you're a drug trafficking organization, if you grow, you possess,
you sell marijuana for profit, I'm coming after you," Christianson said.
"Do I support medical marijuana dispensaries in my jurisdiction?
Absolutely not."

Last month, the Justice Department took a significant departure from the
Bush administration's policy on enforcing federal anti-pot laws
regardless of state codes.

It announced that people who use marijuana for medical purposes and
those who distribute it to them should not face federal prosecution as
long as they conform to state law.

The end to DeMoura's case is in stark contrast to the federal
prosecution of Luke Scarmazzo and business partner Ricardo Montes, who
ran a McHenry Avenue dispensary before it was raided in September 2006.

A month before Scarmazzo was arrested on federal drug charges, he
released a music video called "Business Man," in which he flashes wads
of cash, raises both middle fingers to the camera and says "(expletive)
the feds."

Each earned more than 20 years in prison after prosecutors argued that
the pair were essentially drug dealers, raking in $6 million to $9
million in less than two years of operation. The two men cast themselves
as crusaders fighting for the rights of medical marijuana users. Their
defense attorney said they sometimes had guns for security.

DeMoura said he's no Luke Scarmazzo.

"I have no criminal record, I have no guns registered to my name,"
DeMoura said. "I'm Mother Teresa in this thing."

He said he's not done with Oakdale.

DeMoura wants to reopen a marijuana collective there, where his former
collective once served more than 600 patients in the three months it was
open. He believes the outcome would net the city $300,000 a year in
sales tax.

DeMoura filed a federal civil rights lawsuit July 31 against Oakdale,
the county and several law enforcement officers who raided the
dispensary and his house. The lawsuit seeks an unspecified amount of
money.

Initial claims by DeMoura asked for nearly $2 million for lost revenue,
medical marijuana seized, equipment seized or destroyed in the raid,
damage to the home, and business and legal costs.

He said he doesn't expect a penny but wants to clear his name in the
town where he once lived and where his wife grew up.

"We're activists. We're not criminals; we're not thugs," DeMoura said in
a recent interview before his 5-year-old son's birthday party at Chuck
E. Cheese. "I love to fight. To fight for a cause is an empowering
feeling."

Bee staff writer Merrill Balassone can be reached at
mbalassone@... or 578-2337.



http://www.modbee.com/local/story/927139.html

Columnist's NIMBYbess and numbskull marijuana logic


11/9/09 8:24 PM

By Lisa Pampuch



"Often, the less there is to justify a traditional custom, the harder it
is to get rid of it."

~ Mark Twain

Twain's wisdom came to mind as I read a recent article by new Dispatch
columnist John Larson (another new club member; welcome!) about medical
marijuana dispensaries.

Near as I can tell, Larson supports in theory patient access to medical
marijuana, but opposes in practice "putting (a medical marijuana
dispensary) in Gilroy.

"That's a perfect example of a NIMBY (not in my back yard) position. A
Time magazine article on ethics called NIMBYism "a perverse form of
antisocial activism."

Certainly Gilroy should ensure that medical marijuana dispensaries -
which are legal in California - are appropriately located, just as
planners do for pharmacies and hardware stores, for example.
Dispensaries should be treated like any other business seeking to locate
in Gilroy.

Larson uses pretzel-twisted logic to try to justify his NIMBY position
by claiming that legalizing medical marijuana usage is part of a larger
battle to legalize recreational marijuana usage, something he apparently
opposes. He claims that dispensaries have "ill effects" on "family
values and safety" and that they lead to an increase in crime.

He describes how ridiculously easy it is to get marijuana (since his
childhood!) and then tries to scare readers into opposing dispensaries
by claiming they'll make it easy to get marijuana. Huh? I call foul.

Larson provides zero evidence for these assertions, but that doesn't
prevent his lame attempt to support a conclusion that's illogical and
cruel to suffering patients. He does, however, provide examples of red
herring, appeal to fear, and slippery slope logical fallacies. I assume
those fallacies help squelch the cognitive dissonance that must come
from acknowledging the suffering of "someone with terminal cancer who
finds relief from their pain or nausea by smoking a doobie" while
opposing the only way, given our current ridiculous federal laws, for
that patient to safely and legally obtain the medicine that brings
much-needed relief.

Many people - like me - support legalizing medical marijuana because we
understand that the federal government completely misclassifies
marijuana, causing people to needlessly suffer. The federal Controlled
Substances Act lists marijuana on Schedule I, the most restricted
category that is supposed to include only substances with high potential
for abuse, no currently accepted medical use, and no standards for safe
use under medical supervision. This is simply not true about marijuana,
as I've detailed in previous columns.

It's fine to debate legalizing recreational use, but it's completely
separate from the debate about medical marijuana. Another thing:
Larson's use of a street name for a medical marijuana cigarette, and
giving his fictional medical marijuana dispensaries monikers that
incorporate other street names ("Weed-Mart," Ganja Emporium" and
"Pot-pourri") might be cute, but the names are irrelevant, and using
them is illogical and unfair. Worse, they're examples of the ad hominem
and appeal to ridicule logical fallacies.

Does Larson call pharmacies "Lude Lounges" because they sell
prescription quaaludes that some people use recreationally? Maybe he
prefers "Hillbilly Heroin Huts" because some people abuse prescription
OxyContin? Does he call hardware and paint stores "Huff Depots" because
they sell products that contain inhalants? Does he oppose the presence
of these stores in Gilroy?

The use of logical fallacies is usually a sign that the fallacy-employer
knows that his position is weak and is thus reduced to trying to
distract his audience and hoping that they don't notice his argument's
flaws.

Something else about Larson's column confused me: He believes it's
relevant to emphasize that he has never smoked marijuana. I fail to
grasp the relevance, but I'll share too: I have never smoked, seen,
touched or been offered marijuana. I wouldn't even recognize the odor, I
lived such a sheltered youth. However, I'll also share a relevant
personal fact: My daughter endured two-and-half years of chemotherapy to
treat cancer. She suffered from nausea, but, thankfully, it was
short-lived and manageable.

However, had her doctors recommended medical marijuana, here's what
Larson and his ilk would require me do: In their pollyanna-ish,
"Weed-Mart"-free utopia, I would have had to locate one of the scores of
unlicensed, unregulated street marijuana dispensaries (you know, drug
dealers) sprinkled throughout South County to purchase marijuana of
unknown quality and strength, in the process likely supporting other far
worse illegal activities, while risking arrest, prosecution and
incarceration when my young daughter desperately needed me.

Why? Because they don't want legal, regulated medical marijuana
dispensaries in this community. Put that cruel reality in your NIMBY
pipe and smoke it.

-----
Lisa Pampuch is a technical editor and a member of the newspaper's
editorial board. She lives in Morgan Hill with her husband and two
children. Reach her at lisapampuch@....


http://www.gilroydispatch.com/opinion/260812-columnists-nimbybess-and-nu\
mbskull-marijuana-logic