Tag Government

VA to allow veterans to use medical marijuana at clinics in the 14 states where it’s legal

WASHINGTON – Patients treated at Veterans Affairs hospitals and clinics will be able to use medical marijuana in the 14 states where it’s legal, according to new federal guidelines.

The directive from the Veterans Affairs Department in the coming week is intended to clarify current policy that says veterans can be denied pain medication if they use illegal drugs. Veterans groups have complained for years that this could bar veterans from VA benefits if they were caught using medical marijuana.

The new guidance does not authorize VA doctors to begin prescribing medical marijuana, which is considered an illegal drug under federal law. But it will now make clear that in the 14 states where state and federal law are in conflict, VA clinics generally will allow the use of medical marijuana for veterans already taking it under other clinicians.

“For years, there have been veterans coming back from the Iraq war who needed medical marijuana and had to decide whether they were willing to cut down on their VA medications,” John Targowski, a legal adviser to the group Veterans for Medical Marijuana Access, which worked with the VA on the issue.

Targowski in an interview Saturday said that confusion over the government’s policy might have led some veterans to distrust their doctors or avoid the VA system.

Dr. Robert A. Petzel, the VA’s undersecretary for health, sent a letter to Veterans for Medical Marijuana Access this month that spells out the department’s policy. The guidelines will be distributed to the VA’s 900 care facilities around the country in the next week.

Petzel makes clear that a VA doctor could reserve the right to modify a veteran’s treatment plan if there were risks of a bad interaction with other drugs.

“If a veteran obtains and uses medical marijuana in a manner consistent with state law, testing positive for marijuana would not preclude the veteran from receiving opioids for pain management” in a VA facility, Petzel wrote. “The discretion to prescribe, or not prescribe, opioids in conjunction with medical marijuana, should be determined on clinical grounds.”

Opioids are narcotic painkillers, and include morphine, oxycodone and methadone.

Under the previous policy, local VA clinics in some of the 14 states, such as Michigan, had opted to allow the use of medical marijuana because there no rule explicitly prohibiting them from doing so.

According to the National Conference of State Legislatures, there are 14 states and the District of Columbia with medical marijuana laws. They are: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. New Jersey also recently passed a medical marijuana law, which is scheduled to be implemented next January.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Toronto marijuana clinic raided

08 August, 21:43, by admin Tags: , ,

A downtown Toronto clinic that provided medical marijuana remained closed Thursday after the second police raid in four months.

Neev Tapiero, owner of the CALM Compassion Club at 106 Queen St. E., was arrested later at his home Wednesday, Const. Tony Vella said.

Officers from 51 Division investigated a “community complaint,” and seized an allegedly larger-than-permitted stock of pot, plus hashish and hash oil, he said.

Several people in the storefront near Jarvis St. were detained briefly, Vella said.

Nine people, including Tapiero, were arrested there on drug charges in late March.

A supportive website quoted lawyer Ron Marzel condemning the raid and Health Canada’s “dysfunctional medical marijuana program.”

The Toronto Hash Mob vowed to support Tapiero, 38, who founded Cannabis As a Living Medicine (CALM), and ran as a Marijuana Party candidate in the 2000 federal election in Toronto-Rosedale.

He faces 12 drug-related charges, including possession for trafficking purposes plus possessing crime proceeds.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Marijuana legalization receiving fewer contributions than previous drug-related propositions – California

08 August, 21:41, by admin Tags: , , ,

Many big-money donors, such as George Soros, played a major role in the state’s pathbreaking 1996 medical marijuana initiative. But this year, Proposition 19 has attracted few large donations.

Two years ago, when Californians were voting on an initiative that would have trimmed prison time for nonviolent drug offenders, Bob Wilson, a wealthy New York City investor, spent $2.8 million on the ultimately unsuccessful campaign to get it passed.

Wilson would seem a likely sugar daddy for Proposition 19, the marijuana legalization initiative on the November ballot. He has been giving away much of his fortune, more than $500 million so far, and he believes that pot, which he tried but didn’t much like, ought to be legal.

“There’s no intellectual argument whatever for not legalizing it,” Wilson said. “People who get stoned do much less damage to themselves and others than people who get drunk.”


» Don’t miss a thing. Get breaking news alerts delivered to your inbox.


Wilson has kept an eye on the initiative, but he doesn’t plan to send a check. The polls, he said, don’t look good. He thinksRichard Lee, the sponsor, should have waited until 2012. And, after Proposition 5 was trounced in 2008, he no longer trusts the state’s voters to be progressive trendsetters.

“I’m going to let Californians stew in their own juice,” he said.

Wilson is not alone in holding back. Despite the measure’s potential to inspire copycat initiatives, it has attracted few big-money supporters. This contrasts sharply with previous drug-related initiatives, which began the election year with major contributions. Notably missing is George Soros, the hedge-fund multibillionaire who has invested about $3 million to liberalize California’s drug laws.

“I think they are just waiting,” said Lee, who acknowledged that the poll numbers may have made them wary. “I’ve got to do a better job of showing them this is different.”

Lee remains by far the campaign’s biggest donor. He gave $1.5 million of the $1.9 million raised through June, according to the most recent finance reports. Lee, who has joked that he’s no longer a millionaire, donated $45,000 in the three months ending in June. Fundraising from other sources is picking up, but not at the pace Lee needs to reach the $10 million needed for a significant television campaign.

Lee and his allies remain hopeful that six-figure checks will roll in, but they also have plans to run a less expensive grassroots campaign. They believe they can win by persuading the narrow slice of undecided voters, primarily mothers with school-aged children, and turning out pro-legalization young voters. Lee also notes the initiative is getting extensive free nationwide media coverage.

But when Proposition 215, the pathbreaking medical marijuana initiative, was on the ballot in 1996, wealthy supporters, mostly from out of state, gave early and often. Midway through the election year, Soros; Peter Lewis, head of an Ohio-based insurance company; John Sperling, founder of the University of Phoenix; and George Zimmer, founder and chief executive officer of Men’s Wearhouse, had already donated and loaned a total of almost $1 million.

Four years later, Soros, Lewis and Sperling split a $1 million contribution to kick off Proposition 36, which replaced prison time with drug treatment for some nonviolent crimes.

The campaign for Proposition 5, a drug-sentencing reform measure, had raised $3.4 million by June 2008 from Soros; Sperling; Wilson; Jacob Goldfield, a New York investor; and Irwin Mark Jacobs, a founder of Qualcomm, the San Diego-based telecommuncations giant.

Only Zimmer has donated to Proposition 19. A spokesman said he would not discuss his $20,500 contribution. Soros, Lewis and Sperling could not be reached. Goldfield declined to comment.

Jacobs, who said he has never used illegal drugs, said he has been too busy to look at Proposition 19 but believes marijuana should be decriminalized. “I have certainly not opted out,” he said. “We’ve taken one approach for years and years, and it just hasn’t worked.”

The initiative’s opponents are not yet a financial threat, but “no” campaigns typically start slowly. By June, the campaign had raised $41,100 from five donors. “We just started,” said Andrew Acosta, a spokesman, “so I would assume that the more groups we talk to, things are going to start looking up for us.”

Opposition campaigns have attracted few big donors — except Proposition 5, which drew $1 million from the prison guards’ union and $250,000 each from A. Jerrold Perenchio, the former head ofUnivision, and Meg Whitman, the former Ebay executive who is now bankrolling a multimillion-dollar race for governor.

Soros and most other major donors to the California initiatives are supporters of the Drug Policy Alliance, a prominent advocacy group and a force behind the previous measures. Like the other pro-legalization groups, the alliance wanted to aim an initiative for 2012, when the presidential election would draw more liberal voters. That would also have given its donors four years to recover from a dispiriting loss.

“They didn’t give money in 2008 with the understanding that they would be funding another statewide campaign two years later,” said Stephen Gutwillig, the alliance’s California director.

Lee, however, brushed aside the pressure to wait. Doug Linney, Lee’s top political consultant, acknowledged these donors were not involved in the key decisions.

“Richard felt like the time was right and wanted to go out with this, and so we put it together a different way,” he said.

Wilson said that he admired Lee’s passion, but that he was on his own.

“I think the people who got this going this year ahead of when the drug people wanted to do it, it’s their ball and they’ve got to run it,” he said.

Linney and Lee think the deep-pocket donors, faced with a historic initiative, will not watch from the sidelines. “We’ve got one of the more juicier kind of things in town these days,” Linney said.

Ethan Nadelmann, the founder and the executive director of the decade-old Drug Policy Alliance, has cultivated Soros and other donors for years and is the main conduit to them. His role could be decisive.

“A victory for Prop. 19 would be a major breakthrough,” Nadelmann said, “so I am doing everything I can to help it, including trying to raise significant funds, but it’s difficult when the polling is 50-50.”

The biggest donor to Proposition 19 besides Lee is Philip D. Harvey, another Drug Policy Alliance backer. Harvey, who started one of the largest retailers of sex toys and pornography, gave $100,000 to the alliance’s committee, which will run an independent campaign for the initiative.

“The war on drugs is one of the most destructive, foolish and wasteful government efforts that we have ever come up with,” said Harvey, who now runs a foundation that promotes birth control in impoverished countries. “We put hundreds of thousands of perfectly peaceful people behind bars. I think it’s obscene.”

Harvey, who said he was almost sorry to say he didn’t get much out of smoking marijuana, said he was thrilled to see a legalization initiative on the ballot and was not dissuaded by the polls.

“It’s going to be close,” he said. “I understand that.”

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

New ‘Serious Offence’ Language Includes Marijuana – Canada

08 August, 21:35, by admin Tags: ,

By Students For Sensible Drug Policy – Sunday, August 8 2010

New ‘Serious Offences’ rules by Canadian government make trading a few grams of marijuana amongst three or more people an offence with a 5 year prison term.

The ‘Regulations Prescribing Certain Offences to be Serious Offences’ came into effect July 13, 2010, and was publically enacted by the Federal Government early in August 2010.

Regulations, unlike legislation, do not need to be approved by Parliament. Regulations are the specifics of legislation; in this case it is what particular offences are included as a ‘serious offence’. The Criminal Code sets out that the federal government has the power to include activities into the defintion of ‘serious offences’ without Parliamentary debate. These regulation changes were made to the Criminal Code and Controlled Drugs and Substances Act.

The new regulations expand the definition of ‘serious offence’ under the Criminal Code. By designating an offence a ‘serious offence’, someone convicted would potentially face a longer period of time than if caught under the offence generally. The new regulations include a number of new offences which, if carried out in relation to organized crime, carry a 5 year prison sentence. The designation also increases police powers during investigation, such as wiretaps and warrants. There is also greater seizure of proceeds and assets provisions, as welll as changes to bail provisions. It has been said that these regulations bring Canada’s criminal laws closer to the of the United States. The new offences target ‘signature activities’ of organized crime, and involve gambling, betting and bawdyhouse related activities, as well as changes to drug trafficking laws which are discussed more below. Organized crime, or a ‘criminal organization’ under the Canadian Criminal Code is: three or more people inside or outside Canada; and these people are together mainly to either commit ‘serious offences’ or materially benefit from them being committed.

The new regulations cover trafficking and production in Schedule IV substances (includes Barbiturates, Benzodiazepines, Anabolic Steroids, and related). Importing and exporting any substance in Schedule IV and V is also included as a ‘serious offence’. As well, trafficking cannabis (including hashish) amounts under 3 kilograms has been included as a ‘serious offence’.

So if three or more people are trading a few grams of marijuana amongst themselves, this is now potentially a ‘serious offence’, and these people are facing 5 years in jail.

Not suprisingly, the federal governmetn claims these regulations are targeting ‘kingpins’, head honchos, the leaders of organized crime. Unfortunately, none of this adds up to ‘safer and healthier communities’, as the government likes to put it. These tough on crime regulations are not going to make a dent in the drug trade. The only effective way to remove drugs as a source of revenue for organized crime is to regulate them.

These regulations instead increase the criminalization of drugs and drug users in Canadian communities. Low level, non-violent offenders are the easy prey of these regulations. Prisons are not treatment centers. Prisons are not where we want young people to receive drug education, as they fulfill their prison terms from these regulations.

The fact is these regulations are in effect. There is always the unpredictable question of how the law will be enforced. Will the law be used to keep ‘kingpins’ off our streets? Or will it be used to threaten medical marijuana compassion centers and co-ops? Will the new regulations be used selectively and meaningfully, or will they be used to further marginalize people already on the fringes of our society?

The federal government’s ‘tough on crime’ approach to drugs and drug-related crime is making our communities less safe. They are pretending we can simply enforce our way out of our problems, and in the process starve social programs, diverse treatment options, and harm reduction strategies. The drug market needs to be effectively regulated, not inefficiently enforced. The prohibition of drugs creates more harm than the drugs themselves. CSSDP continues to call on all political parties to take a stand, and recognize that we need to end the criminalization of drugs and drug users, and implement a public-health based approach to drugs in our society.

- Press release from Students for Sensible Drug Policy.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Oakland votes to permit large pot farms

28 July, 18:01, by admin Tags: ,
Oakland votes to permit large pot farms

By EVELYN NIEVES (AP) – Jul 21, 2010

SAN FRANCISCO — The Oakland City Council has approved a plan to license four production plants where marijuana would be grown, packaged and processed, moving Oakland closer to becoming the first city in the nation to authorize wholesale pot cultivation.

The council voted 5-2 with one abstention late Tuesday in favor of the plan. The measure will go before the council one more time for a final vote, but the outcome is not expected to change.

The vote came after more than two hours of public comment, with speakers seemingly evenly divided between those who opposed the measure — largely on the grounds that it would put small medical marijuana growers out of business — and those who said it would generate millions of dollars for Oakland in taxes and sales and create hundreds of jobs.

The plants would not be limited in size — one potential applicant for a license wants to open a plant that would produce over 21,000 pounds of pot a year — but they would be heavily taxed and regulated.

Those vying for one of the four licenses would have to pay $211,000 in annual permit fees, carry $2 million worth of liability insurance and be prepared to devote up to 8 percent of gross sales to taxes.

Proponents of the measure also touted the possibility of Oakland becoming the nation’s cannabis capital, especially if California voters approve the legalization of recreational marijuana in November.

“Do you want to be the “Silicon Valley of Cannabis?” said Jeff Wilcox, a local businessman who wants to build “AgraMed,” a 7.4-acre plant with a bakery, a lab and 100,000 square feet of cultivation space.

But Stephen DeAngelo, executive director of Harborside Health Center, the largest medical marijuana dispensary in the world, said small growers were coming to him terrified that the ordinance would mean the end of their livelihoods.

One of the co-sponsors of the ordinance, Rebecca Kaplan, said the ordinance would not take effect until January, giving the council time to come up with a plan for medium-sized growers.

Councilwoman Nancy Nadel said she worried about quality of the product, wanted environmental protections and questioned why the council was voting on the measure now if it wasn’t going to take effect until January.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

The Battle Over Medical Marijuana In NJ

21 June, 18:33, by admin Tags: ,

Haddonfield, NJ – New Jersey’s medical marijuana activists are upset about a report that Gov. Chris Christie wants
to make the state’s law legalizing cannabis to treat some conditions more restrictive. Fox 29′s Julie Kim spoke with a woman who says she hopes the Governor makes up his mind, sooner, rather than later. Just before Christie took office, Gov. Jon Corzine signed the law to allow medical marijuana.

Christie has been asking lawmakers to delay the start of sales –now scheduled for Oct. 1 — to give his administration time to draft regulations. The Star-Ledger of Newark reported Friday that he’s floated other changes to the law, including having Rutgers University grow the pot and letting hospitals distribute it.

The current law calls for it to be grown and distributed by private groups. Changes would need legislative approval.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Medical marijuana clubs raided in Montreal

03 June, 13:38, by admin Tags: , ,

Montreal police are in the process of raiding four clubs that provide marijuana for people who need it for medical purposes.

“They just walked in out of nowhere, showed us the paper and said, ‘There’s the warrant,’” said Maria Koklas, a volunteer at the Culture 420 compassion club in Lachine.

“There’s about 15 to 20 cops in here walking around inside the dispensary taking all of our membership IDs, asking them for all their personal information, asking them for their criminal records and letting them know if they don’t have criminal records they will be free to go.”

Police are also carrying out operations at three compassion clubs on the Plateau Mont-Royal.

Some people have complained about having the clubs in their neighbourhoods, while those who run the clubs say they are often hassled by police.

Koklas said the police gave no reason for the raid.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Before it’s law, medical-marijuana bill already triggering challenges

24 May, 02:47, by admin Tags: , ,

Even before Gov. Bill Ritter has signed into law new rules for Colorado’s medical-marijuana industry, the next moves in the ongoing chess match of cannabis regulation and adaptation are already taking shape.

Last week, a team of attorneys who specialize in medical-marijuana cases met with several dozen potential plaintiffs in preparing a lawsuit to challenge the rules as unconstitutionally restrictive.

At the other end of the spectrum, prosecutors and others who believe the legislature overstepped its authority in liberalizing marijuana regulations were pondering their legal options.

City councils that have been unreceptive to medical-marijuana dispensaries began taking steps to formally ban them — something the new rules would allow them to do.

Meanwhile, dispensary owners and independent marijuana growers engaged in a mad scramble for dance partners to comply with the rules’ requirement that dispensaries grow at least 70 percent of the marijuana they sell.

The rules — spelled out in House Bill 1284 and Senate Bill 109 — require dispensaries to be licensed at the state and local levels.

Dispensary owners must pass a criminal-background check and have lived in the state for two years, with some exceptions. Local governments or voters can ban dispensaries but not small-scale caregivers, who could serve no more than five medical-marijuana patients.

Lawyer and medical-marijuana advocate Jessica Corry said the five-patient caregiver limit, the residency requirement for dispensary owners and the option for local dispensary bans are “an incredible slap in the face to the (state) constitution.”

Corry is one of the attorneys who have been meeting with medical-marijuana patients and dispensary owners to put together a lawsuit challenging the rules.

If that lawsuit materializes, it could have company in the courts from a challenge that questions whether dispensaries are even legal.

Adams County District Attorney Don Quick said dispensary opponents may look at tacking on a counterclaim to any lawsuit that dispensary advocates file.

Quick said Amendment 20, the voter-approved measure that created the state’s medical-marijuana system, did not give lawmakers the authority to allow commercial dispensaries.

“This is (lawmakers) rebalancing the line the citizens approved in 2000, and they don’t have the right to do that,” Quick said.

Other cities act

A number of local governments have wasted no time in responding to the new rules.

In a study session last week, Greenwood Village’s City Council instructed city staffers to draft an ordinance banning dispensaries, said Ryan Greg ory, the assistant to the city manager.

Friday, Aurora’s City Council took the first step toward putting a ballot question banning dispensaries before voters in November.

Boulder County’s planning commission gave an OK to a set of regulations governing where dispensaries and marijuana-growing facilities could locate in the county.

The frenzy of moves has been dizzying to dispensary owners, who have until July 1 to apply for a local license and Sept. 1 to prove they are growing 70 percent of the marijuana they sell.

Laurel Alterman, the owner of AlterMeds in Louisville, said the uncertain local regulations have made it nearly impossible to know if the plans she is making now to comply with state rules will hold up in a few months.

“We are really, really scrambling right now,” she said. “There are so many layers to this.”

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

California Debt Crisis Opens the Door for Legal Marijuana – Californians to vote on legal marijuana rules

27 March, 18:13, by admin Tags: , , ,

NEW YORK (CNNMoney.com) — It’s official: Californians will decide whether legal marijuana should be used to plug the state’s $20 billion budget gap.

OAKLAND, Calif.: A medical marijuana activist holds a sign during a rally on Jan. 4, 2010.

California residents are expected to vote this year on whether legalization should be approved to raise nearly $1.4 billion in state revenue. That’s based on an estimate from the State Board of Equalization, a tax administration agency.

“It would be another source of revenue for the state,” said Anita Gore, spokeswoman for the board. The board has not issued an opinion on legalization as a means of easing the state’s budget crisis, she added.

California Secretary Debra Brown confirmed on Wednesday that enough signatures had been collected to put AB 390, a marijuana legalization bill, on the ballot for Nov. 2. A press release from the secretary said that legalization proponents submitted 694,248 petition signatures for the bill, easily surpassing the required 433,791.

“The momentum for reform has grown exponentially since we introduced the bill last year,” said Quitin Mecke, spokesman for Assemblyman Tom Ammiano, D-San Francisco, the lead sponsor of the bill. “We’re excited about the prospect to reform drug laws again.”

Mecke noted that California was the first state to pass legislation allowing medicinal marijuana, 14 years ago.

Unlike prior legislation that has passed in California and other states, this form of legalization is not restricted to medicinal use of marijuana. The bill proposes that marijuana be regulated and taxed in a similar way to alcohol.

According to the bill, people would have to be 21 years or older “to possess, cultivate, or transport marijuana for personal use.” Californians would not be permitted to use the drug in public or within the presence of minors, and would not be allowed to possess it on school grounds.

Most importantly, as far as the budget gap is concerned, the bill stipulates that the drug would be subject to a sales tax. An additional retail fee of $50 would be imposed on every ounce that’s sold.

The State Board of Equalization estimates that the state could raise $1.382 billion in annual tax revenues from legal marijuana. The figure is based on estimated revenue of $990 million from the retail fees and $392 million from sales taxes.

“With the state in the midst of an historic economic crisis, the move towards regulating and taxing marijuana is simply common sense,” Ammiano said in a press release when he first proposed the bill last year.

Also, Mecke said that legalization could prompt the state to “reallocate” more than $300 million in law enforcement spending away from non-violent drug activity to address violent crimes.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Washington state’s medical-marijuana law is too restrictive

25 March, 21:03, by admin Tags: ,

WASHINGTON’S medical-marijuana law was advertised as humane and tolerant in the 1990s, when this state legalized cannabis as medicine, along with California, Oregon, Alaska and Maine. Now most of the states in the West allow it — and Washington falls behind. Our law is unfairly restrictive.

In January, the Washington Supreme Court ruled in State v. Fry that our law offers medical users no protection from search, seizure and arrest. The court said the immunity is from penalty only. The medical-marijuana user, the court said, has still “committed a criminal act, but pleads an excuse for doing so.”

This needs to be changed. People with a doctor’s OK should be able to use marijuana without having their doors kicked in. They are patients, not criminals. This is the rule of tolerance Washington voters thought they were approving 12 years ago, and it has now become a civilized minimum.

Washington’s law allows patients to grow marijuana for themselves or for one other person.

In 2008, the Department of Health stated in a report that “home cultivation is not feasible for all patients.” That is clearly so. It is not reasonable to require every patient, or every other patient, to start and manage an indoor farm, but that is what the law effectively says.

It also forbids selling processed marijuana or live plants. The raid on cannabis entrepreneur Steve Sarich shows what happens when the law is so restrictive. Somebody just does it.

Sarich was apparently growing and selling small plants for $15 each. Police said he had 259 small plants started from cuttings, 80 medium plants and 36 large ones. The maximum allowed by the Department of Health is 15 plants.

The public question is not whether one man broke the rules, but what the rules should be.

Start with the idea in the Department of Health’s report that “there needs to be a safe, legal source for qualified patients.”

That means dispensaries — places where people with authorization can buy plants or processed marijuana, in lawful, above-board and taxed transactions. California allows dispensaries. Washington should, also.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Medical marijuana is legal in 14 states; why not New York?

03 February, 23:11, by admin Tags: , ,

It makes no sense whatsoever to treat cancer patients and other chronically ill folks as criminals for trying to ease their debilitating pain or nausea.

But that’s just what New York has been doing by refusing to allow its sickest residents to use marijuana under a doctor’s supervision. For many, prescription painkillers or other medicines fail to help. Only marijuana is effective. Denying them that level of comfort is nothing less than cruel.

Fourteen states have legalized medical marijuana use for qualified patients since 1996. The most recent, on Jan. 18, was New Jersey; that state’s law takes effect in six months.

In New York, a bill in the Legislature would bring the state in line with the other 14. But lawmakers have considered seven versions of the current legislation since the 1997-98 session. In 2007-08, the proposal died in the Senate, then controlled by Republicans. The fate of this year’s bill remains to be seen.

The bill is modeled after Rhode Island’s medical marijuana law, though there are some differences. For example, patients in Rhode Island can legally possess 2.5 ounces of marijuana and 12 marijuana plants that must be stored indoors. New York’s bill also allows 2.5 ounces but leaves out plants — an approach that appears to be better suited to prevent the wrong people from getting their hands on the controlled substance.

Both states would allow children to use medical marijuana, but Rhode Island’s law seems to afford more protection for sick kids. In Rhode Island, a medical practitioner must explain the potential risks and benefits of marijuana to the child and to a parent or guardian. The parent or guardian also must consent in writing to allow the child’s medical use of marijuana, serve as one of the child’s primary caregivers and control the acquisition, dosage and frequency of the youngster’s marijuana use.

New York’s bill requires only that a parent, guardian or someone designated by the parent or guardian be the caregiver. There is no informed consent clause in the bill, although the medical practitioner must give a copy of his or her certification for marijuana use to the patient. The bill needs some retooling to better inform kids and their parents of what they’re getting into.

In the meantime, marijuana use and possession remain illegal for everyone in New York. Possessing 2.5 ounces, as the bill would allow patients to do, is a misdemeanor punishable by a year in jail and a $1,000 fine.

Seriously ill people, for whom marijuana is the only thing that will relieve their symptoms, have an unenviable choice: break the law or continue to suffer.

It’s time for lawmakers to show some compassion by making medical marijuana legal.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Medical marijuana tax proposed – New Mexico

31 January, 20:46, by admin Tags: ,


 

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Medical marijuana lab raided by DEA during introduction of Senator Chris Romer’s doctor-patient bill

30 January, 09:06, by admin Tags: ,

Yesterday, Betty Aldworth, director of outreach for Full Spectrum Laboratories, a marijuana testing facility, was at the State Capitol to watch lab co-owner Bob Winniki testify about Senator Chris Romer’s just-introduced bill dealing with the relationship between doctors and medical marijuana patients.

But before Winniki could speak, the twosome received an e-mail letting them know members of the Drug Enforcement Administration had stopped by the lab. And by the time they got back to the facility, Aldworth says, “it was full of DEA agents” and other local law-enforcement types, who spent the next several hours seizing all the marijuana testing samples they could find.

In October, the Obama administration issued a memo confirming that its Justice Department wouldn’t actively pursue prosecution of medical marijuana businesses in states that had legalized the process. As such, Full Spectrum should have been in the clear — but in an attempt to preclude any problems, the lab formally applied for analytical lab licensure through the DEA.

“We didn’t need to do that, but we thought it was the right thing to do,” Aldworth says. “We’ve worked really hard to make sure that everything we’re doing is above board. We’ve tried to get the best advice from the smartest people about all parts of our business, and we’re trying to follow their advice as well as we can. And we’re trying to be engaged in the community. That’s the reason we were at the Capitol. We think it’s important that people know what we’re doing and why we’re doing it.”

Such transparency didn’t help with the DEA. During the agents’ first visit, they “smelled marijuana, which prompted them to request a warrant,” Aldworth says. The document eventually arrived, but Aldworth and company had already given the agents permission to search the premises, under the theory that they had nothing to hide.

Nonetheless, she continues, “they confiscated all of the material on site — even test tubes filled with extraction fluid that we run on our machines.”

Fortunately, Aldworth says, all of the samples sent to the lab had already been tested; it would have eventually been discarded. And agents didn’t seize the equipment, which Full Spectrum leases. However, plant material used to set baseline standards for testing, provided to the lab by assorted dispensaries, was taken as well.

Aldworth, who declines to speculate about the timing of the raid, says the agents were “incredibly professional” during the hours-long process “considering what an awful experience it was.” But they weren’t immediately forthcoming with information about what was going on. It took some time before Full Spectrum personnel were told that they wouldn’t be arrested or charged with a crime.

What happens next? Aldworth isn’t sure as it applies to the DEA. But as for Full Spectrum, “we’re not shutting down,” she emphasizes. “We are as determined as we were at the beginning of the day yesterday to keep providing this service to Coloradans who need it. We’re not going anywhere. We’re still going to be here.”

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

US medical marijuana lab says it was raided, ordered to turn over customer records

29 January, 22:04, by admin Tags: ,

DENVER — A lab that tests medical marijuana for dispensaries and patients said Thursday it was raided by federal drug agents and ordered to turn over patient records.

Full Spectrum Laboratories president Bob Winnicki said Drug Enforcement Administration agents showed up at his facility in Denver on Wednesday when he was at the Capitol for a hearing on proposed medical marijuana regulations.

The lab provided The Associated Press with a copy of a DEA subpoena requesting that it turn over customer and patient records over a six month period through Wednesday.

Winnicki, who had applied for a DEA license to dispense controlled substances, said he wasn’t charged with a crime but agents seized about $10,000 worth of marijuana.

DEA special agent Mike Turner said the administration never comments on ongoing investigations and that he couldn’t confirm or deny whether there was a raid.

In general, he said agents don’t investigate medical marijuana users or suppliers but that they could be probed if their name surfaced during investigations into large drug trafficking operations. He also said the agency investigates facilities that apply for DEA licenses.

“We don’t target these operations unless they come up in the normal course of our operations,” he said of medical marijuana operations.

While federal crackdowns were once common with medical marijuana operations in California, Matt Brown, executive director of Coloradans for Medical Marijuana Regulation, couldn’t recall any such raids in Colorado in recent years.

“They are absolutely not commonplace at all,” said Brown, who represents a coalition of medical marijuana dispensaries and patients lobbying for state regulations.

Brian Vicente, executive director of Sensible Colorado, a medical marijuana patients’ group, said the DEA has raided some large growing operations but has stayed away from patients and dispensaries in Colorado.

The Obama administration has said it won’t target medical marijuana operations in states that allow them as long as they’re complying with state laws and aren’t fronts for drug traffickers. Colorado is one of 14 states to allow people to use marijuana to treat various medical conditions.

Winnicki said his operation isn’t a dispensary but the only lab of its kind in Colorado. He tests marijuana for mould, fungus and pesticides and tests the effectiveness of different strains of marijuana for treating various ailments for dispensaries and patients.

He said he uses scientific instruments and applied for a DEA license back in October to use standards needed to test the marijuana. He said he didn’t hear from the DEA until Wednesday.

“I was operating under the assumption that if we’re playing by the rules, no problem,” he said.

He said the marijuana that was seized included a rare strain that was going to be made into capsules for people with multiple sclerosis and Parkinson’s disease.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Denver Senate committee approves controversial medical marijuana bill

29 January, 12:02, by admin Tags: ,

A Senate committee, trying to cut through the smoky haze over the growing medical marijuana industry in Colorado, has approved a bill that aims to clear things up a bit.

The bill, SB 109, sponsored by Sens. Chris Romer, D-Denver and Nancy Spence, R-Centennial, seeks to set standards for the issuance of registration cards and regulate physician recommendations – barring recreational users from obtaining medical marijuana through fraudulent means. It was approved 6-1 in the Health and Human Services Committee.

The bill would also require doctors to give full exams and follow-up care to medical marijuana patients.

It was sparked by concerns over the large number of people applying for medical marijuana cards and spiraling growth of medical marijuana dispensaries.

The highly emotional bill – which has sparked plenty of controversy — will next hit the Senate Appropriations committee.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Poll by Coloradans for Medical Marijuana Regulation Finds Overwhelming Support for Licensed Dispensaries

18 January, 16:25, by admin Tags: , ,

Coloradans for Medical Marijuana Regulation, a coalition of medical marijuana patients and providers supporting responsible regulation of medical marijuana, today released a statewide poll illustrating that Colorado voters overwhelmingly favor regulating state-licensed dispensaries to serve persons who are suffering from debilitating medical conditions.

By a margin of two-to-one, 64 percent of voters said they would approve proposals that would establish state-licensed marijuana dispensaries to cultivate and provide marijuana to patients with doctors’ recommendations. Just 32 percent said they would reject it.

“This is a powerful endorsement by Coloradans that medical marijuana dispensaries are valid businesses that need to be regulated in order to protect patients and providers,” said Matt Brown, Executive Director of Coloradans for Medical Marijuana Regulation. “As with any other industry, it is now critical that we develop tax and fee structures and put the appropriate regulations in place to ensure these businesses can responsibly serve the needs of their patients and the community.”

Coloradans for Medical Marijuana Regulation formed earlier this year to provide a leading voice for the emerging medical marijuana business community. The coalition supports the creation of reasonable regulations that protect patient choice and incorporate best practices within existing regulatory structures.

“Our campaign goal is to work with all parties to ensure safe, responsible access to and use of medical marijuana,” said Brown. “Colorado has the opportunity to take the lead and set the standard for what a responsible medical marijuana industry should look like.”

The telephone survey of 500 Colorado voters who are likely to participate in the 2010 general election was conducted November 6-9, 2009, using a statistically valid random sample drawn from a current list of registered voters.(i)

Other survey results found wide support for a state-licensed dispensary system within every major demographic group:

– A total of 64 percent of both men and women said they would support the dispensary system model.

– A majority of registered Republicans (53%), Independents (64%) and Democrats (75%), supported the proposed dispensary system.

– A majority of people within every age group backed the proposal, with the highest levels of support among the over 55 (64%) and under 35 (71%) age groups.

– White voters (65%) supported the proposal at a slightly higher rate than non-white voters (61%).

– Metro Denver was the most supportive area in the state (69%), along with Denver (68%) and the South Front Range (64%). Fifty-two percent of voters in the Western Slope were supportive.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Commerce Online Inc. Receives Coverage on ABC News Channel for Cash Alternative Payment Solutions for Medical Marijuana Dispensaries

17 January, 14:24, by admin Tags: , ,

PALM BEACH, Fla., Dec. 1 /PRNewswire-FirstCall/ — Commerce Online Inc. (Pink Sheets: CMIB – News; http://www.commerceonlineinc.com/), a leading company specializing in both bricks and mortar and online merchant payment solutions, today announced coverage on ABC News Channel Seven, based in Denver Colorado of its leading alternative payment solutions for medical marijuana dispensaries. The story featured at ABC news channel affiliate “http://www.thedenverchannel.com/” under story headline “Pot On Plastic” covered a recent robbery of a local medical marijuana dispensary and named Commerce Online merchant solutions and debit/loyalty card solution as a leading alternative for cash only locations. Commerce Online recently launched its branded, pre-paid loyalty and ID card for licensed medical marijuana dispensaries and collectives operating within the states of California, and Colorado.

In an effort to keep these collectives within the guidelines of CA Proposition 215 and SB 420, the Commerce Online merchant services and pre-paid stored value and loyalty card will offer a unique cash alternative to these regulated dispensaries for both suppliers and members of collectives.

The Commerce Online branded, pre-paid loyalty and ID card will be marketed through our new Collective Card Services division, and may be loaded to any denomination of funds with direct deposit at local bank, via the Internet, POS system by the member of the collective or medical dispensary. The RedFin Network PCI Compliant Payment Gateway will handle all loyalty transactions at the point of sale. In case of theft or loss, the card may be cancelled immediately through an 800 number provided or online. The card will also act as the Collective member’s identification having the option of a Picture ID, medical id number identifying him/her as a collective member, the collective name, and expiration date of membership,” stated Michael Friedman for Commerce Online.

Commerce Online Inc. (http://www.commerceonlineinc.com/) is positioned to become a market leader in both online and wireless merchant payment solutions. The Company offers a full spectrum of secure and reliable transaction processing solutions using traditional, Internet Point-of-Sale (POS), e-commerce and mobile (wireless) terminals in conjunction with Industry Alliance Partners. The Company’s Alliances provide electronic payment processing suite of services enabling merchants to accept all major credit and debit cards, as well as ATM cards and ACH check drafts for payment whether a retail, service, mail-order or Internet merchant. As an industry leader, Commerce Online is dedicated to delivering comprehensive services, such as merchant account activation, gateway connections, Web development and social network engines to a worldwide client base.

FORWARD-LOOKING DISCLAIMER

This press release may contain certain forward-looking statements and information, as defined within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, and is subject to the Safe Harbor created by those sections. This material contains statements about expected future events and/or financial results that are forward-looking in nature and subject to risks and uncertainties. Such forward-looking statements by definition involve risks, uncertainties and other factors, which may cause the actual results, performance or achievements of commerce Online Inc. to be materially different from the statements made herein.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Health Sciences Enters Into LOI With The Healing Center of Montana to Acquire Two Medical Marijuana Licenses

14 January, 02:18, by admin Tags: , ,

Health Sciences Group, Inc. (PINKSHEETS: HESG) would like to announce that it has entered into a letter of intent with The Healing Center of Montana to purchase two operating licenses for medical marijuana collectives in Park County, Montana and Lake County, Montana. This transaction is contingent with standard due diligence and anticipated to finalize before the end of the year.

The Healing Center of Montana, owned and operated by Mike Smith, is the largest medical marijuana operation in the State of Montana and also has a presence in Colorado. Mike Smith has been in the Montana medical marijuana business since the state went legal.

“We anticipate this transaction to move very quickly, by the end of the month if not sooner. Contracts and agreements are going back and forth between the companies right now,” stated Thomas Gaffney, CEO of Health Sciences Group, Inc.

Gaffney continues, “Health Sciences Group intends on being the first public medical marijuana company to derive actual revenues from medical marijuana operations. Although The Healing Center is non-profit, these two new locations would be for profit under a management agreement.”

Montana, unlike California, allows collectives to be for profit.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

South San Francisco seeks extension on medical marijuana dispensary

13 January, 10:21, by admin Tags: , ,

SOUTH SAN FRANCISCO — The City Council next week will consider extending a moratorium on the establishment of medical marijuana dispensaries.

The newly formed medical marijuana collective Island of Health could still open, however, if the council grants it an exemption.

In late October, council members unanimously approved a 45-day moratorium on issuing permits to dispensaries. It took effect immediately. An extension would add 10 months or so to the ban, said Assistant City Manager Marty Van Duyn.

That would give the council additional time to decide whether to “prohibit the facilities or alternatively provide a lot more restrictions” on their operations, Van Duyn said.

Regulations adopted in 2006 require medical marijuana collectives to be in an industrial zone at least 500 feet away from residences, to treat only qualified patients, to have a list of people available and to meet other conditions.

The regulations were a response to the 1996 state initiative Proposition 215, which legalized medical marijuana. Under the local and state rules, Island of Health won a permit from the city Planning Commission to operate at 175 Utah Ave.

Scot Candell, a San Rafael-based attorney representing Island of Health, argues that the council should exempt the collective from the moratorium because the permit approval came a few weeks before the ban.

“This collective did everything by the rules and already spent $40,000 on this process,” Candell said. “It doesn’t seem fair that they shouldn’t be able to operate.”

The council is expected to take up Candell’s request Wednesday when it considers an appeal of the commission’s decision. Neighboring businesses filed the appeal, contending that allowing a collective will increase crime in the area, go against federal law and lead to other problems.

Regulations adopted in 2006 require medical marijuana collectives to be in an industrial zone at least 500 feet away from residences, to treat only qualified patients, to have a list of people available and to meet other conditions.

The regulations were a response to the 1996 state initiative Proposition 215, which legalized medical marijuana. Under the local and state rules, Island of Health won a permit from the city Planning Commission to operate at 175 Utah Ave.

Scot Candell, a San Rafael-based attorney representing Island of Health, argues that the council should exempt the collective from the moratorium because the permit approval came a few weeks before the ban.

“This collective did everything by the rules and already spent $40,000 on this process,” Candell said. “It doesn’t seem fair that they shouldn’t be able to operate.”

The council is expected to take up Candell’s request Wednesday when it considers an appeal of the commission’s decision. Neighboring businesses filed the appeal, contending that allowing a collective will increase crime in the area, go against federal law and lead to other problems.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter

Medical marijuana clubs near Redwood City shut down

09 January, 14:20, by admin Tags: , ,

Medical marijuana clubs have been getting a major buzzkill from new regulations in San Mateo County.

Two cannabis cooperatives in unincorporated North Fair Oaks near Redwood City apparently closed after county officials denied their applications for licenses under an ordinance regulating pot clubs that the Board of Supervisors approved in April.

In its first decisions on pot club licenses, the county’s licensing board ruled Nov. 2 that Blue Heaven and the Universal Healthcare Cooperative violated a requirement that collectives be located at least 1,000 feet away from any school, recreation center or youth center. Other provisions of the law require cooperatives to have an alarm system and bars on windows, and prohibit them from employing felons.

Universal Healthcare Cooperative appealed its denial, arguing against the method of measuring the 1,000 feet as the crow flies, licensing board Chairman Jim Eggemeyer said. But the board — made up of one staff member each from the planning department, sheriff’s office and health department — upheld the ruling Nov. 30 with a 2- 1 vote.

Two other license applications were denied Nov. 2, both for applicants that had not yet opened cooperatives.

It’s not yet clear whether the Universal Healthcare Cooperative will appeal again to the San Mateo County Board of Supervisors, but for now it appears the owners have moved out.

No one was at its former location at 171 5th Ave. when a reporter visited twice recently. The club’s phone line is disconnected, and nearby merchants said the club’s founders quietly left sometime last month.

About two blocks away, a sign on the door at Blue Heaven’s former location at 3149 Middlefield Road reads: “Sorry we missed you! We are no longer open in Redwood City.”

Now, Blue Heaven Coastside in Moss Beach appears to be the only outlet on the Peninsula for legal cannabis. The county is still processing an application from that club and two other applications to open clubs at locations near Belmont and in North Fair Oaks, sheriff’s spokesman Tom Merson said.

The increased regulation of medical cannabis on the Peninsula comes as the Obama administration has signaled the federal government will stop raiding medical marijuana clubs that comply with state laws.

Medical marijuana was legalized in 1996 in California by when state residents approved Proposition 215.

Kris Hermes, a spokesman for Americans for Safe Access, an Oakland-based medical marijuana advocacy group, said the county should develop a map to show where the facilities can locate without violating the 1,000-foot rule.

“If it completely cuts off access because of onerous requirements in the ordinance, then clearly it’s not a good way to proceed, and the (county) has to go back and review its ordinance,” Hermes said.

Supervisor Carole Groom said she stands by the 1,000-foot restriction, though she is open to re-examining the ordinance at some point.

“I think it’s up to the providers to follow the ordinance,” she said.

Cities are also taking up the issue, with Los Altos passing moratorium on pot clubs last week and Redwood City set to consider a similar action Monday.

Redwood City City Attorney Stan Yamamoto said a temporary ban will give the city a chance to debate how to regulate the cooperatives.

“The public has a right to come in to speak to the issue,” Yamamoto said.

Share and Enjoy:
  • Print
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • HackerNews
  • MySpace
  • RSS
  • StumbleUpon
  • Twitter