Medical Marijuana Update

From action in state legislatures to raids at dispensaries, there's no let-up in the medical marijuana action around the nation. Here's the latest:

National

Last Thursday, Americans for Safe Access filed an appeal brief in the DC Circuit to compel the federal government to reclassify marijuana for medical use. In July 2011, the federal Drug Enforcement Administration (DEA) denied a petition filed in 2002 by the Coalition for Rescheduling Cannabis (CRC), which was denied only after the coalition sued the government for unreasonable delay. The ASA brief filed is an appeal of the CRC rescheduling denial.

Alabama

The Michael Phillips Compassionate Care Act (House Bill 25), which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health.

California

Last Tuesday, Union City issued a temporary ban on dispensaries, suspending the approval of business licenses or permits for medical marijuana dispensaries and their operations for 45 days. But the recently opened CHA Wellness Center was still operating as of the weekend and said it had every right to. City officials disagree.

Also last Tuesday, the Fresno city council voted to extend a temporary moratorium on outdoor grows for another 10 months after Police Chief Jerry Dyer told the council the grows were a magnet for crime and violence. Fresno Police say there have been at least five shootings and one homicide as the result of outdoor growing operations within the city limits. Police say many big marijuana growing operations have already moved indoors. Dyer said he expected to have a permanent outdoor cultivation ordinance ready by April.

Last Friday, San Jose Mayor Chuck Reed issued a memo calling for the city to kill its medical marijuana ordinance. He cited the California Supreme Court's decision to review four medical marijuana cases dealing with varying interpretations of the state's law, as well as potential ballot initiative that could go before the voters in November. The city will remain in talks with dispensaries and will continue to collect taxes on them.

On Sunday, the last dispensary in La Puente closed its doors in response to the ongoing federal crackdown. La Puente Co-op was the last of three city dispensaries to go out of business in response to threat letters from the Southern California US Attorney. Azusa Patient Remedies and Trinity Wellness Center shut down the previous week. The San Gabriel Valley town was once home to 10 dispensaries.

On Monday, the Union of Medical Marijuana Patients said it had provided the Los Angeles city council with two motions to regulate dispensaries. The move comes as the council inches toward a total ban. The first motion, "public nuisance abatement," proposes that city officials start enforcing current laws to deal with complaints like loitering and sales to minors, just as the police handle such problems around liquor stores. The second motion calls for a "ban with abeyance" or a soft ban, which would create a ban that allows patient associations to prove that they that are operating in compliance with local and state law, allowing the ban to be held in abeyance as long as they continue to be in compliance.

Also on Monday, narcotics officers from the LAPD Devonshire Division raided and shut down the last dispensary in Chatsworth in the San Fernando Valley. The raid was at the Herbal Medical Care facility, and three people were arrested for suspicion of possession of marijuana for sale, 50 pound of marijuana and 156 plants were seized, and so were the dispensary's medical records. Police vowed to "target" some 200 other San Fernando Valley dispensaries. Since December 2008, police in the Devonshire Division have shut down 37 of what were once 60 dispensaries operating there.

Also on Monday, San Francisco announced it would resume licensing and inspecting dispensaries. The move comes after the agency said last week that the application process was suspended. Under clarified rules, existing dispensaries must sign a statement swearing that all medical marijuana sold on-site is cultivated in California and comes from a grower who is a member of the dispensary's nonprofit collective. New applications stopped being processed in December following a ruling in a state appeals court. In that case, Pack vs. the City of Long Beach, the court ruled that California cities violated federal law by regulating and permitting medical marijuana. That ruling was vacated when the California Supreme Court agreed to hear an appeal, and San Francisco's city attorney gave the health department the green light to resume its program January 20, but the department had announced last week that all applications were still on hold indefinitely.

On Tuesday, the San Francisco controller's office reported that dispensaries in the city did an estimated $41 million in sales last year, generating $410,000 in medical marijuana sales tax revenues.

Also on Tuesday, Senate Bill 129 died for lack of action in the state legislature. Introduced by Sen. Mark Leno and sponsored by Americans for Safe Access, the bill would have protected the employment rights of medical marijuana patients.

Also on Tuesday, DEA agents and local law enforcement raided the Balboa Medical Center in Kearney Mesa, near San Diego. They seized medicine and medical records, but made no arrests.The raid came after similar raids on dispensaries in the area last week.

Hawaii

House Bill 1963
, which seeks to restrict the state's medical marijuana program and remove chronic pain as a qualifying condition for patients, is set for a hearing Thursday in the House Committees on Health and Public Safety and Military Affairs.

Montana

On Monday, the Missoulian reported that DEA agents investigating medical marijuana distribution had asked witnesses whether state Sen. Diane Sands (D-Missoula) might be involved in a marijuana conspiracy.Sands has been deeply involved in the state's battles over medical marijuana. She is not the only legislator being looked at; at least one more said he would not speak publicly for fear of "additional harassment."

Vermont

The Vermont Department of Public Safety has announced guidelines for the state's first medical marijuana dispensaries
. Dispensaries must operate as nonprofits and must be more than 1,000 feet from schools or daycare facilities. Would-be operators will have to pay $2,500 just to apply for one of the four dispensary certificates. If approved, dispensaries would pay the state $20,000 dollars for the first year, and $30,000 in the years to follow. Patients can go to dispensaries by appointment only, and only one patient at a time is allowed in the dispensary. There are also stiff requirements for inventory control, building security, and background checks for operators and employees.

Virginia

On Tuesday, the House Rules Committee killed a resolution that would have asked the governor to petition to DEA to reschedule marijuana. The resolution had been filed by Delegate David Englin (D-Alexandria).

Washington

Last Thursday, 42 state legislators signed a letter asking the DEA to reschedule marijuana so that it could be prescribed and sold in pharmacies. That same day, lawmakers introduced a resolution to the same effect. It is scheduled for a hearing Friday in the Senate Health and Long-Term Care Committee. The letter and resolution piggyback on Gov. Christine Gregoire's existing petition to reschedule marijuana, which is also supported by a handful of other states.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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