California continues to have conniptions over medical marijuana, a scientific review finds marijuana's Schedule I status "untenable," and much, much more:
On Monday, the Open Neurology Journal published a review of several recent clinical trials assessing the safety of medical marijuana that found marijuana's current placement as a Schedule I controlled substance with no medical value in not scientifically justified. "Based on evidence currently available, the Schedule I classification is not tenable; it is not accurate that marijuana has no medical use, or that information on safety is lacking," the authors wrote. The lead author is Dr. Igor Grant, director of the Center for Medicinal Cannabis Research. The review and its conclusions directly contradict the stance of the DEA and FDA.
Last Wednesday, the state Supreme Court declined to review a lower court decision that okayed the city of Los Angeles shutting down a Culver City dispensary. The city had used nuisance abatement measures to shut down the Organica dispensary, and the store had appealed, arguing that it was protected by state law allowing collectives. LA city attorneys lauded the decision as vindicating their stance "dispensing and selling marijuana…remains illegal." Medical marijuana advocates beg to differ, and all are waiting on the Supreme Court to settle the issue when it decides another dispensary case later this year.
Last Thursday, Fresno banned outdoor grows within the city limits. The city council voted unanimously for the ban, which was recommended by Police Chief Jerry Dyer, who said outgrows promote violence in the city. A temporary ban had been in place since January. Under the new rule, cultivating the drug in an enclosed and secure structure, and in compliance with state marijuana law, is permitted.
Also last Thursday, a Santa Fe Springs councilman pleaded guilty in federal court to soliciting a bribe from a would-be medical marijuana dispensary operator. Councilman Joseph Serrano copped to the offense, then resigned his seat later that same day.
Last Friday, Rancho Mirage ordered a dispensary to close after city officials became aware of it when "residents in the area complained of smelling marijuana." The city is already being sued by two other dispensaries that have been forced out of business by the city's moratorium on dispensaries.
Also last Friday, a Sacramento ballot initiative signature-gathering effort came up short. Sponsored by the Committee for Safe Patient Access to Regulated Cannabis (CSPARC), the initiative sought to provide safe, regulated access for patients in the county. They needed 42,300 signatures by Monday and only had 25,000. While the measure will now not qualify for the November ballot, it could still qualify for a later election if it gets the necessary signatures by July 23.
On Monday, a state appeals court ruled that LA County's ban on dispensaries is illegal. "[… T]he County's complete ban on all 'medical marijuana dispensaries,' including collectives and cooperatives authorized under Health and Safety Code section 11362.775, conflicts with, and is thus preempted by, California's medical marijuana laws," wrote Judge P.J. Mallano in the unanimous decision handed down by the California Court of Appeals (2nd District) . The case is County of Los Angeles v. Alternative Medicinal Cannabis Collective, et al. The ruling is being seen as a major blow to arguments made in defense of the legality of dispensary bans.
Also on Monday, medical marijuana growers sued Yuba County over its new nuisance ordinance for marijuana cultivation. The lawsuit charges that the ordinance adopted by supervisors in May is overly restrictive and runs afoul of state law. Next week, the growers will file a request for a temporary restraining order to stop the ordinance from being enforced. The county's ordinance placed limits on the number of plants, the amount of ground the plants could be grown on, and the types of parcels where they could be grown. But the complaint states the ordinance doesn't address collectives, where one person might grow several plants on behalf of others, beyond the six-mature-plant limit stipulated in the ordinance.
Also on Monday, San Leandro put its plan to ban dispensaries on hold in the wake of the state appeals court ruling County of Los Angeles vs. Alternative Medical Cannabis Collective earlier the same day. That ruling invalidated LA County's ban on dispensaries. San Leandro has a temporary moratorium in place and had planned to make it permanent. That moratorium expires September 30.
On Wednesday, activists reported that a raid was underway at a Sacramento dispensary. The action, apparently undertaken by the Sacramento County Sheriff's Office was aimed at the First Amendment dispensary inside the Farmer's Market.
Last Friday, a jury found medical marijuana patient Bob Crouse not guilty of possession with intent to distribute. Crouse, a leukemia sufferer argued that he needed large numbers of plants to ensure a steady supply of "phoenix tears," a slushy oil derives from marijuana plants. It takes a pound of marijuana to make an ounce of the oil. While state law limits patients to cultivating three plants, it also allows patients to possess as much as medically necessary. Crouse mounted an affirmative defense, and the jury agreed with him.
Last Friday, a poll showed strong support for medical marijuana. The Public Policy Polling survey found that 57% of those polled said they would be okay with allowing patients to have access to medicinal pot, whereas 33% of voters were against it. The poll had a margin of error of +/- 3.3%.
On Monday, backers of a medical marijuana initiative said they had submitted enough signatures to make the November ballot. The Committee for Compassionate Medicine said it had more than the 11,000 additional signatures needed by Tuesday's deadline. The initiative would legalize marijuana for the treatment of certain illnesses and set up a dispensary system.
Last Wednesday, an appeals court ruled patients can be arrested for marijuana possession if they don't have their state-issued paperwork or registry card. An appeals panel had earlier ruled that James Nicholson of Ottawa County could be immune from prosecution by producing his medical marijuana paperwork in court, but the full court disagreed, holding that medical marijuana registry cards and applications must be "reasonably accessible at the location" of an arrest for an individual to be immune from arrest.
Last Wednesday, medical marijuana entrepreneur Jason Christ filed a lawsuit against the Missoula Police Department, Missoula County Attorney’s Office, Missoula County 911, and other parties in US District Court. He is seeking $50 million in punitive damages, among other demands, for the defendants' "willful and malicious actions" that have caused him "emotional distress." Christ claims he is so harassed that it has "affected his bodily functions" and forced him to camp "down a vast network of unimproved dirt roads." The controversial Christ gained notoriety in 2009 and 2010 by helping thousands of people obtain physician recommendations for medical marijuana with his traveling one-day clinics, a move other medical marijuana advocates have criticized as providing fodder to foes, who successfully gutted the state law last year.
On Monday, a legislator said he will introduce a medical marijuana bill next year that would allow registered patients a legal way to obtain their marijuana. Assemblyman Tick Segerblom (D-Las Vegas) said Monday he requested the bill because the legislature has failed in its duty to create an appropriate way for legal users to acquire marijuana. Segerblom wants to establish certified marijuana dispensaries, licensed farms where marijuana may be grown and to allow patients to buy from California dispensaries. His bill also calls for this medical marijuana to be taxed, although a rate has not yet been established. Another medical marijuana bill is being introduced by the Assembly Judiciary Committee. Details were not available.
Last Wednesday, a would-be dispensary operator sued the city of Camden over its rejection of his dispensary and cultivation application. Ilan Zaken, the owner of two vacant clothing stores, filed the lawsuit against the city, its zoning officer and its Zoning Board of Adjustments, alleging that they illegally rejected his application to use the buildings for the production of medical marijuana. Since New Jersey's Compassionate Use Medical Marijuana Act went into effect more than two years ago and since Gov. Chris Christie (R) cleared the way earlier this year, only two of the six nonprofits approved by the state to sell marijuana have won the necessary local permits.