Showing posts with label Monterey Medical Marijuana. Show all posts
Showing posts with label Monterey Medical Marijuana. Show all posts

Monday, October 31, 2011

Medical marijuana backers sue feds

California medical marijuana patients, storefront dispensaries and their landlords are marshaling forces to stave off a massive federal crackdown against them.

On Thursday, the cause’s largest advocacy organization sued the U.S. attorney general and the top federal prosecutor in Northern California. Another major challenge is being prepared.

Meanwhile, there’s a growing move by California Attorney General Kamala Harris and others to develop defensible statewide regulations for collectives, which are trapped between state and federal law.

This week, several supporters of 2010’s unsuccessful Proposition 19 to legalize marijuana for recreational use said they were drafting a 2012 ballot initiative that would impose controls on California’s loose-knit medical cannabis industry.

The moves come after California’s four U.S. attorneys on Oct. 7 announced a campaign to shutter commercial marijuana dispensaries, accusing producers and distributors of using the state’s 1996 medical marijuana law as a cover for reaping huge profits.

Of particular concern are collectives alleged to be operating too close to where children gather or those serving as fronts for drug dealing.

In San Diego, U.S. Attorney Laura Duffy mailed hundreds of letters warning dispensary operators and their landlords to shut down within 45 days or risk criminal prosecution and property seizures. Her counterparts mailed letters to several municipalities targeting their medical marijuana regulations.

In the federal lawsuit filed Thursday in San Francisco, Americans for Safe Access claims the Obama administration is attempting to subvert state and local medical marijuana laws. The advocacy group, which has 20,000 members in California, argues that the administration has “instituted a policy to dismantle the medical marijuana laws of the state of California and to coerce its municipalities to pass bans on medical marijuana dispensaries.”

While the Department of Justice is entitled to enforce federal marijuana laws, the 10th Amendment bars it from using coercive tactics to commandeer the lawmaking functions of the state, said Joe Elford, the group’s attorney.

The case is aimed at restoring the sovereign and Constitutional right of the state to establish its own public health laws based on the country’s federalist principles, Elford said.

“The short of it is, the feds can’t tell California what to do,” he said.

The 17-page lawsuit, which names Attorney General Eric Holder and U.S. Attorney Melinda Haag, seeks an injunction barring the Department of Justice from interfering with collectives that meet state and local regulations along with the return of 99 cannabis plants seized during the Oct. 13 raid of a licensed collective in Mendocino County.

Also on Thursday, the spokesman for lawyers representing dozens of collectives and their landlords across the state said the group is preparing to file a separate lawsuit in federal court. P.J. Johnston described pending action by the still-unnamed group as a “multipronged, organized effort to get into court and to send a message to the federal government that we need to stop the aggression and sit down and talk reasonably about these issues.”

In announcing the crackdown, Duffy referred to the state’s marijuana trade as a pervasive, for-profit industry that violates federal law and has little to do with providing medical relief to the sick. The effort was sparked in part because of the proliferation of marijuana cultivation and retail storefronts across the state, Duffy said in a recent interview.

Federal prosecutors said local governments are prevented from allowing the use of marijuana, including enacting local zoning regulations, and this month a state appellate court concluded the same. Other appellate court decisions in California have ruled that state medical marijuana laws are not trumped by federal law.

In San Diego, City Attorney Jan Goldsmith has pledged to close every dispensary in the city because zoning laws do not permit them. About 20 to 25 collectives have closed and another 20 to 25 are preparing to, said Eugene Davidovich, local chapter coordinator for Americans for Safe Access. Meanwhile, 12 more dispensaries have opened, he said.

Many, including Higher Healing Patient Association on Mission Gorge Road, closed after receiving federal letters, city notices of violation, or both. John Murphy, the attorney for Higher Healing, said his clients operate as nonprofits, obeying all state laws and guidelines.

Greg Shultz, the owner of GSC Wellness on Palm Avenue, said he received a notice of violation from the city with a “huge laundry list of code compliance violations that were completely asinine.” His landlord also received a federal letter. Still, they plan to stick it out.

“I am not going to be pushed around. I come from a large family of law enforcement and I am not a cartel person,” Shultz said. “We have many, many, many cancer patients that come here and they get their medication for free. It’s really kind of a travesty.”

Approved as a ballot measure in 1996, Proposition 215 allows people with a doctor’s approval to use marijuana and receive it from their caregivers. However, it did not expressly allow or regulate dispensaries. State legislation in 2003 and guidelines from then-Attorney General Jerry Brown in 2009 authorized distribution by nonprofit collectives, but much of it was not delineated in law.

“While there are definite ambiguities in state law that must be resolved either by the state legislature or the courts,” Harris said last week in a highly anticipated statement, “an overly broad federal enforcement campaign will make it more difficult for legitimate patients to access physician-recommended medicine in California.”

Assemblyman Tom Ammiano, D-San Francisco, said he was willing to explore legislation that defines legal distribution, but warned that forging ahead would be difficult given the lack of direction from the federal government.

(Source)



Wednesday, August 17, 2011

Prez Mumbles, Fumbles and Punts Medical Cannabis Q:?

For all his Kennedy-esque "uhs" and "ahs," President Barack Obama... stuttering, not stentorian, when an audience member dished him a question on medical marijuana.


And it wasn't even particularly stressing. "If you can't legalize marijuana, why can't you just legalize medical marijuana?" asked a woman in Cannon Falls, Minnesota. That was the stumper after which Obama was literally left stammering.

(Source)

Saturday, August 13, 2011

C.A.M.P. thugs pat themselves on their back…

If you are a Medical Marijuana patient on the Central Coast its been hard to watch, but it’s been a busy week for the Santa Cruz and Monterey county C.A.M.P. folks let’s take a t look at their work. “ A drug cartel marijuana grow worth on Hecker Pass about $5 million got the axe Wednesday when Santa Cruz County sheriff's deputies and state drug agents raided it, authorities reported.

The grow, on the 1000 block of Hecker Pass Road, was terraced across an acre and fenced off with mesh and netting, according to the Sheriff's Office.

Deputies found more than 5,000 cannabis plants in the garden. There also was a camp with shotgun rounds, rat poison, pesticides and other debris, the Sheriff's Office reported.”

Also on Wednesday morning, an armed group of 16 state thugs wearing military camouflage took part in the annihilation of four illegal cannabis agricultural sites in the foothills above Watsonville. Of the four two were inside Mt. Madonna County Park, while the other two grows were on private property that borders the park.

Authorities collected approximately 20,000 cannabis plants on Wednesday. Still green and attached to their root balls.... dirt and all, and pegged it with an estimated street value between $25 and $30 million. This is just a sad attempt to justify next year’s budget with bad data, if they trimmed all of that plant matter down, to just the smoke able flower after drying it, as all do... it would have been a fraction of that weight.

The goon squad was part of an entity known as "Campaign Against Marijuana Planting" or CAMP, a program that has been destroying both “illegal” marijuana camps and medical marijuana grows throughout California since 1983.

The grow sites were located with old-fashioned reconnaissance patrols that take place between January and June.
(source)

Thursday, August 11, 2011

Kern County Board of Cowards Bow To Ignorance!

Well the Kern County Board of Supervisors voted its conscience on Tuesday, passing an ordinance that will ban storefront medical marijuana collectives in unincorporated Kern County and outlaw the sale of edible marijuana products.

Now medical cannabis advocates will have their turn.

Attorneys for cooperatives have promised a two-pronged attack on the supervisors' ordinance.

They plan to file a lawsuit blocking its enactment. And they say they will also launch a referendum drive that could stop the ordinance in its tracks.

Kern County Elections Division Chief Karen Rhea said opponents of the ordinance to ban medical marijuana collectives would need to collect 17,350 signatures from registered Kern County voters before the ordinance goes into effect Sept. 8 to block enactment of the law.

If medical marijuana advocates succeed in collecting the signatures, Rhea said, the ordinance would be sent back to supervisors and -- if supervisors did not repeal it -- the question would proceed to an election at which voters could approve the ban or overturn it.

Deputy County Counsel Devin Brown said the medical marijuana ban law would remain off the books until the election is decided.

That is exactly what happened in Butte County.

(source)

Monday, August 8, 2011

The “Letter of the law” Vs The state spirit of the laws:

The DEA's interpretation that cannabis has no presently acknowledged medical use and has a “high“ potential for misuse will probably be appealed through the courts. In the interim, mr. obama administration's position is not to obstruct medical marijuana growth and use that abide by the letter and spirit of state and local laws.

The problematic issues arise when the “letter” of the law is inconsistent with the essence. Various – certainly not all of the 16 state MMJ statutes (plus D.C.) make it easy for recreational users to obtain medical cannabis recommendations.

Whether those ambiguities came from good-faith, yet incompetent efforts to implement a responsible system, or whether they are deliberately exploitative of medical marijuana to achieve effective legalization, is up for us to guess and can only truly be known by those who wrote the laws. One thing seems painfully obvious, though … such laws frequently permit far more than the public realizes or the DOJ will stomach.

(Source)

Sunday, August 7, 2011

Boulder Boots 1/3 MMJ Collectives..."High Standards"?

Boulder Co city officials have rejected more than 1/3 of the applications from people seeking to run medical marijuana dispensaries or growing operations in the city, slowing the pace of what once was seen as a Wild West-style rush for riches.

Ten months after the initial 119 business-license applications were turned in by Boulder's November deadline -- set when the City Council last year approved sweeping new regulations for the budding industry -- 40 medical marijuana companies have licenses to operate.

So far, 41 of those 119 applications, from existing businesses that had opened prior to adoption of the new rules, have been rejected for reasons that include zoning problems, incomplete paperwork and -- in about half of the cases -- the sometimes extensive criminal records of owners, operators and investors.

City officials say the vast majority of the 38 applications that remain in their queue have passed their initial background checks and are well on their way to being awarded business licenses.

As for those medical marijuana business owners who have been denied licenses, some have closed shop or moved to cities with less stringent rules. Some fired or bought out employees and partners with problematic pasts.

And many others are appealing the city's decisions -- a tactic that allows them to stay open and keep their fingers in Boulder's multimillion-dollar marijuana industry while they plot their next steps.

(Source)