Tag Law

Marc Emery, “Prince of Pot,” extradited to US for selling marijuana seeds

24 May, 02:49, by admin Tags:

Marc Emery was charged by the United States with a crime for selling marijuana seeds.  While he operates a legitimate business out of Canada, he was extradited to the U.S. on May 20 because it is illegal in the U.S. to buy or sell marijuana seeds.

This raises an interesting question that most outside of the medical marijuana community often don’t consider:  “Where do the marijuana plants for patients come from?”  There is an interesting assumption surrounding medical marijuana laws that, upon license with the state as a medical marijuana patient, one just needs to “start growing.”  But growing your own medicine (whether you do so as a patient, as a grower for other patients, or as a dispensary/producer) requires a seed to start that process.  One can clone an already existing plant – but even that plant must come from a seed at some point.

Marc Emery is one vendor that medical marijuana patients could rely on to provide them with the seeds necessary to start their medical garden.  Monday, “Emery is scheduled to plead guilty on Monday to one count of conspiracy to manufacture marijuana.”  Protests took place in over 70 cities on Saturday against the extradition of Emery to the United States to face charges.

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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.

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Applicant can’t sue employer under a medical marijuana law

09 January, 19:13, by admin Tags: ,

A job applicant who was not hired after failing a pre-employment drug test allegedly due to her medical use of marijuana could not sue the employer under the Washington State Medical Use of Marijuana Act (MUMA), the Washington Court of Appeals decided. The MUMA provides authorized medical marijuana users “only a defense to criminal prosecution” and does not create employment rights.

For state workplace law developments, visit www.shrm.org/Legallssues/StateandLocalResources.

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