Comments in the Senate Judiciary Committee provided hope that medical marijuana's banking problems may be ending, California communities continue to tussle over the issue, and a New Jersey bill is signed into law. There's more, too. Let's get to it:
On Tuesday, a hint came that banking issues for dispensaries may soon be resolved. Deputy Attorney General James Cole told the Senate Judiciary Committee the Justice and Treasury Departments and banking regulators were working "to deal with this in accordance with the laws on the books." Cole's comments came after several senators prodded him on the issue. [Ed: If Treasury is involved, could that mean they'll deal with the IRS dispensary audit issue too? That would be huge -- arguably the audits are the biggest threat facing the medical marijuana industry, and they could just as easily hit the legalized marijuana industry too. - DB]
Last Thursday, the Napa Planning Commission canceled a meeting to begin the process of repealing the city's medical marijuana ordinance. The city said it needed more time to consider the implications of a federal memorandum regarding marijuana enforcement that was issued last week by the US Justice Department. Late last month, the city council had voted to effectively ban dispensaries, but now wants to rethink. The council had opted to repeal its existing ordinance that would have allowed a dispensary. Repeal of the ordinance would effectively ban dispensaries in the city because current zoning does not permit such activity.
Last Friday, a statewide dispensary regulation bill rose from the dead. The bill, AB 604, sponsored by Assemblyman Tom Ammiano (D-San Francisco) was killed earlier in the year, but Ammiano reintroduced it using the "gut and amend" process to dump it into an existing measure. The effort took on added urgency after the federal government late last month unveiled its latest approach to medical marijuana and legal marijuana states. A backup bill, SB 69, was introduced the following day. Only one of them needs to pass. The legislative session ends at the end of this week.
On Monday, a judge blocked a request for an injunction to force Long Beach to count all signatures submitted by organizers of an initiative to overturn the city's dispensary ban. The Long Beach Citizens' and Patients' Rights political action committee filed petitions with 43,159 signatures in February to place an initiative on a special election ballot similar to the medical marijuana regulations the City Council passed in 2010. However, City Clerk Larry Herrera conducted a random sample of 3 percent of the signatures and found only 31,294 signatures were valid, short of the 15 percent, or 33,543 registered voters required for a special election. The political action committee then sued. But federal District Court Judge Audrey Collins ruled that Herrera "acted reasonably rather than arbitrarily or fraudulently."
Also on Monday, the El Dorado County planning commission called for a dispensary regulation ordinance. The county's moratorium on dispensaries is set to expire at the end of October. The commission objected to a proposed ordinance from supervisors that would ban all dispensaries. Because the urgency ordinance expires Oct. 30, the board needs to adopt an ordinance at its Sept. 24 meeting.
On Tuesday, the Long Beach city council agreed to draft a new dispensary ordinance. In an 8-0 vote, council members directed the city attorney to draft an ordinance that would once again allow a limited number of collectives to operate within city limits. The council debate came a day after a group seeking to overturn the city's medical marijuana ban was dealt a blow in court. A federal judge ruled officials would not have to place a medical marijuana initiative on the city's April ballot, or do a full count of more than 43,000 signatures seeking a special election.
Also on Tuesday, Merced County supervisors approved an ordinance to limit medical marijuana grows. The ordinance limits medical marijuana cultivation to 12 plants per parcel of land, regardless of the property's size, whether it's an indoor or outdoor garden, or the maturity of the plants. Despite strong support from law enforcement and elected officials, a few medical pot users on Tuesday said the ordinance unfairly groups them with people who grow marijuana for profit. The ordinance would carry stiffer civil and criminal penalties, including abatement and cleanup at the owner's expense, an administrative procedure resulting in penalties or a misdemeanor charge resulting in six months in jail and-or a $1,000 fine.
Last Thursday, Park City imposed a 120-day moratorium on dispensaries. Alderman said they wanted to give the city time to decide where proper locations for dispensaries or cultivation facilities might be.
Last Wednesday, medical marijuana supporters rallied in Lansing, saying police are violating state law by punishing medical marijuana users. The rally featured live entertainment and showcased people who said they had been victimized by police.
Last Thursday, the Michigan Marihuana Review Panel heard testimony on adding PTSD to the list of debilitating conditions for which medical marijuana can be used. The review is the result of a citizen petition. The panel last month voted 7-2 to approve PTSD, but still has to make a final recommendation later this year.
On Monday, changes to the state's medical marijuana rules passed the Assembly. The changes were demanded by Gov. Chris Christie (R) when he issued a conditional veto on a bill that would have allowed qualified children to use medical marijuana. Christie demanded that the bill be revised to require that only minors can use "edibles" and that they would have to be approved by both a psychiatrist and a physician. The bill also removes the limit on the marijuana strains that may be cultivated and requires parental permission, according to the release.
On Tuesday, Gov. Christie signed the bill.
On Monday, the Pennsylvania State Nurses Association released a new position statement on medical marijuana. "It is the position of PSNA that medical marijuana is worthy of further rigorous clinical testing," the statement said. "In order to weigh the true risks and benefits of medical marijuana, there must be a discussion and openness at the federal level regarding the conversion of marijuana from a Schedule I to Schedule II drug classification. Schedule II classification would allow testing of consistent grade medical marijuana in a randomized controlled fashion in order to ascertain the drug's risk/benefit profile for a multitude of illnesses and symptoms. In addition, PSNA supports protection from prosecution for patients who currently use medicinal marijuana or for providers suggesting medicinal marijuana for relief of intractable conditions or symptoms. Lastly, PSNA shares concerns about the delivery system of smoking medication and, if this drug is approved, encourages the development of a more efficient drug delivery system." A bill to legalize medical marijuana in the state has been pending since 2009.
On Monday, officials suggested the state's dispensaries are criminal enterprises. The medical marijuana law was never intended to allow businesses to sell marijuana to patients, a task force of state officials told a legislative committee. The task force could come up with recommendations for shutting down dispensaries by January. Alternatively, the legislature could act to regulate dispensaries.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]