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Medical Marijuana Update

The biggest medical marijuana news this week has to be the Oregon election that saw a pro-medical marijuana attorney general candidate win against a former interim US Attorney, but there was plenty of other news, as well. Let's get to it:

National

Last Wednesday, Mitt Romney got asked about medical marijuana and didn't much like the question or really answer it. "Aren't there issues of significance that you'd like to talk about?" Romney asks the interviewer. "The economy, the economy, the economy. The growth of jobs. The need to put people back to work. The challenges of Iran. We've got enormous issues that we face, but you want talk about -- go ahead -- you want to talk about marijuana? I think marijuana should not be legal in this country. I believe it is a gateway drug to other drug violations. The use of illegal drugs in this country is leading to terrible consequences in places like Mexico -- and actually in our country."

On Tuesday, a Mason Dixon poll found broad support for medical marijuana among Republicans. Some 67% of Republicans said federal officials should respect state medical marijuana laws. So did 75% of Democrats and 79% of independents.

Also on Tuesday, researchers reported that smoking marijuana can relieve MS symptoms. Researchers at the University of California at San Diego found that smoked marijuana relieved pain and muscle tightness spasticity. The research was published in the peer-reviewed Canadian Medical Association Journal.

Arizona

As of Monday, Arizona started accepting dispensary applications. Arizona has some of the strictest dispensary rules in the country, including requirements that a licensed physician be employed on premises, that letters be obtained showing dispensaries are complying with zoning laws, and that they have a business plan showing they are operating as nonprofits. Then there is the $5,000 application fee and the preference that will be shown to those who can prove they have $150,000 in the bank. Still, competition is expected to be fierce for the licenses, which will be capped at 125 statewide. Interested parties have until May 25 to apply.

California

Beginning Saturday, a medical marijuana "Unity" conference gets underway in Sacramento. It goes through Monday and is aimed in part at obtaining passage of Assembly Bill 2312 to regulate medical marijuana cultivation and distribution statewide. The conference is sponsored by the PAC Californians to Regulate Marijuana as well as  Americans for Safe Access (ASA), the United Food and Commercial Workers Union, California NORML, the Coalition for Cannabis Policy Reform, and the Emerald Growers Association. The conference will focus on skill-building and grass roots leadership, with a day of lobbying set for Monday.

Last Thursday, a Santa Barbara dispensary operator took a plea deal. Charles Restivo, operator of the Pacific Coast Collective between 2008 and 2010, was arrested after a four-dispensary raid by local law enforcement in February 2010. He was charged with possession of marijuana for sale and cultivation of marijuana for sale since authorities argued the dispensary was violating state laws regarding medical marijuana. Under the deal, Restivo pleaded guilty to one new count of possession of concentrated cannabis (hash) in return for the other charges being dropped. He will get three years probation.

Also last Thursday, the Clear Lake city council voted to oppose Measure D, the Lake County marijuana cultivation initiative set to go before voters June 5. The council's action follows similar votes taken by the Lake County Office of Education Board of Trustees Wednesday night, the Board of Supervisors on Tuesday and the Lakeport City Council last week. It is also opposed by the Sierra Club, the Lake County Deputy Sheriffs Association, Kelseyville Business Association, Lake County Chamber of Commerce, California Women for Agriculture, Lake County Farm Bureau, the Buckingham and Clear Lake Riviera homeowners associations, and the Lake County Association of Realtors' Board of Directors. Measure D would allow 12 female plants to be grown in residential areas on lots under a half acre, 24 plants on lots larger than a half acre and 84 plants on larger parcels.

On Tuesday, the DEA and local police raided a Fontana dispensary. The raiders hit Holistic Meds RX, detaining four people, and seizing large quantities of medical marijuana. It was a federal warrant, but town and San Bernadino County police aided the DEA. Dispensaries have opened in Fontana, but have been unable to get permits because the city considers the businesses illegal.

On Wednesday, the Los Angeles city council postponed adopting a "gentle" ban on dispensaries proposed by Councilman Jose Huizar. The move came after Councilman Paul Koretz instead proposing allowing some dispensaries to continue to operate if they agreed to city regulations. Koretz called Huizar's "gentle" ban, which would close all dispensaries, but allow personal and collective grows, in reality a "vicious, heartless" ban. The city is home to an uncertain number of dispensaries, somewhere in the hundreds.


Colorado

On Monday, 25 dispensaries targeted by federal officials had to be closed down. That was the second wave of dispensaries threatened by US Attorney John Walsh, who earlier forced 22 out of business. He says a third wave of threat letters is forthcoming. In the first wave, Walsh targeted dispensaries within 1,000 feet of schools; in the second wave, he targeted dispensaries within 1,000 feet of college campuses. No telling yet what his criteria will be next time.

On Tuesday, the Dacono city council moved forward with its ban on dispensaries, as well as grows and edibles manufacturing. The council voted 4-2 for the ban, but must do so one more time on June 11 before it takes effect. The town has had a temporary moratorium on new medical marijuana businesses since July 2010, but that edict expires on July 1. The town has three existing dispensaries, but they would be forced to close if the ban passes.

Michigan

Last Friday, the state appeals court confirmed the conviction of a man who had a medical marijuana card, but not a fence. Lewis Keller of Emmet County got busted with 15 plants on his property. Under state law, he could have 12, but it had to be fenced. Keller said he knew he was over the limit, but he didn't realize the plants had to be secured.

On Tuesday, the Jackson city council got an earful from advocates concerned about its proposed medical marijuana ordinance. Under the proposed ordinance, qualifying patients or primary caregivers who are registered by the Michigan Department of Community Health to grow marijuana could do so in their homes. Patients could consume the drug only in their homes or their primary caregivers' homes. Patients and primary caregivers also could grow medical marijuana at non-dwelling locations in certain commercial and industrial business districts.
The city has had a moratorium on medical marijuana operations during the drafting of the ordinance. The city council will revisit the issue next week.

New Hampshire

On Wednesday, the House passed a medical marijuana bill already passed by the Senate. It now goes back to the Senate for approval of changes. Gov. John Lynch (D) has vowed to veto the bill over concerns over distribution, just as he did in 2009, when a veto override failed by two votes in the Senate.

New York

On Wednesday, a Siena College poll found majority support for medical marijuana in the Empire State. The poll had 57% supporting it and only 33% opposed. A bill in the Assembly has been stalled since Gov. Andrew Cuomo (D) signaled that this was not the year for it.

Oregon

On Tuesday, Ellen Rosenblum defeated former interim US Attorney Dwight Holden in the fight for the Democratic Party nomination for state attorney general. Oregon medical marijuana activists and national drug reformers rallied against Holden and supported medical marijuana-friendly Rosenblum as she picked up 63% of the vote against the former front-runner. Activists said the vote shows opposing medical marijuana carries a political price tag.

Rhode Island

On Wednesday, the House passed compromise dispensary legislation. A similar measure has already passed the Senate, so after the formalities of concurrence votes, the measure will head to Gov. Lincoln Chafee (I), who is expected to sign it.

Washington

On Monday, the Pasco city council moved closer to banning grows. A workshop discussion that night leaves little doubt that the city will outlaw medical marijuana gardens in the city at its next meeting to avoid violating federal anti-drug laws. Pasco is among Washington cities that have been waiting for nearly a year for the legislature to act to clarify a law allowing cities to write their own rules for medical marijuana garden collectives. The council is expected to vote on the ordinance Monday.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Marking Mother's Day With Calls for Reform [FEATURE]

On this Mother's Day, more than 100,000 women are behind bars in American prisons, according to the Bureau of Justice Statistics, and many of them are doing time for drug offenses. That's too many, said members of a new coalition, Moms United to End the War on Drugs, as they held events last week in the days running up to Mother's Day.

Gretchen Burns Bergman at the National Press Club (Moms United)
"The war on drugs is really a war on families," said Mom's United's Gretchen Burns Bergman. "It is time to end the stigmatization and criminalization of people who use drugs and move from arrest and mass incarceration to therapeutic, health-oriented strategies. Moms were the driving force in repealing alcohol prohibition and now moms will play a similar role in ending the war on drugs."

Bergman, from San Diego, is the mother of two sons who have struggled with substance abuse and incarceration and is a founder of A New PATH (Parents for Addiction Treatment & Healing). A New PATH has joined forces with other groups, including Law Enforcement Against Prohibition (LEAP), the NORML Women's Alliance, Families to Amend California's Three Strikes, and Students for Sensible Drug Policy to form Moms United to agitate for an end to the drug war and a turn toward sensible, evidence-based drug policies.

The week leading up to Mother's Day was a week of action under the rubric of Cops and Moms Working Together to End Prohibition. The week saw events and press conferences in Atlanta, Boston, New York City, and Washington, DC, in the East and Los Angeles, San Diego, Oakland on the West Coast.

"Mother's Day was derived out of an intensely political effort to organize women on both sides of the Mason-Dixon Line against the Civil War," said Sabrina Fendrick, coordinator for the NORML Women's Alliance. "The reason mothers were made the vehicle was because they were the ones whose children were dying in that war. Women were also largely responsible for ending alcohol prohibition. This is more than just a ‘greeting-card holiday,’ this is the beginning of an institutional change in our society. The government's war on drugs is unacceptable. For our children's sake, the concerned mothers of the world are being called on to demand the implementation of a rational, responsible, reality-based drug and marijuana policy."

Last Wednesday, at a San Diego press conference, the umbrella group unveiled the Moms United to End the War on Drugs Bill of Rights, a 12-point motherhood and drug reform manifesto which calls for "the right to nurture our offspring, and to advocate for their care and safety" and "the parental right to policies and practices that recognize addiction as a disease in need of treatment, rather than a willful behavior to be criminalized," as well as the right to have harm reduction and overdose prevention practices implemented, the right to be free from heavy-handed, constitution-threatening drug war policing, and the right to be free from drug war violence.

Moms United in Los Angeles (Moms United)
"If we stop arresting and incarcerating drug users, think of the number of children who would have the chance to look upon their parents as positive role models instead of having parents who are absent because they are incarcerated," the group said. "We have a moral and ethical obligation to give these children a better chance in life by allowing parents to take care of their families. These parents should have the opportunity to become the productive members of society and role models to their children that they want to be and that their children need and deserve."

The Bill of Rights has been endorsed by a number of religious, reform, and civil rights groups, and individuals can sign onto it, too. To sign on, go to the online petition.

"We are building a movement to stop the stigmatization and criminalization of people who use drugs or are addicted to drugs," the group said. "We urgently call for health-oriented strategies and widespread drug policy reform in order to stop the irresponsible waste of dollars and resources, and the devastating loss of lives and liberty."

It's not just Moms United who is using Mother's Day to strike a blow for drug reform. In Colorado, where Amendment 64 to legalize and regulate marijuana is on the ballot, the Campaign to Regulate Marijuana Like Alcohol is running a television ad featuring a young woman writing an email to her mother in which she explains that she has found her marijuana use to be safer and healthier than the drinking she did in college.

The ad is aimed at a demographic that is both critical to and difficult for the campaign: women in their 30s and 40s, many of whom are mothers. The ad appeared Friday and again on Mother's Day.

"Our goal with the ad is to start a conversation -- and encourage others to start their own conversations -- about marijuana," Betty Aldworth, the advocacy director for the campaign.

And it's not just the United States, either. In mother-honoring Mexico, which marked Mother's Day on Thursday, hundreds of women and other family members traveled to Mexico City on the National March for Dignity to demand that the government locate their loved ones gone missing in the drug wars, according to the Frontera NorteSur news service.

"They took them alive, and alive we want them," the marchers chanted.

While the drug wars in Mexico have claimed at least 50,000 lives, including 49 people whose dismembered bodies were found on a highway outside Monterrey Sunday morning, thousands more have gone missing, either simply vanished or last seen in the hands of armed, uniformed men.

The Mexican government doesn't report on how many have gone missing in its campaign against the cartels, but the Inter-American Human Rights Commission counts more than 5,000 missing persons complaints filed with police -- and this in a country where many people so mistrust the police they don't bother to file official reports.

"For some it has been years, for others months or days, of walking alone, of clamoring in the desert of the hallways of indolent and irresponsible authorities, many of them directly responsible for disappearances or complicit with those who took our loved ones away," the mothers' group said.

On Mother's Day, many mothers in Mexico have "nothing to celebrate," said Norma Ledezma, cofounder of Justice for Our Daughters in Chihuahua City. "As families, we want to take this occasion to tell society not to forget that in Mexico there is home with a plate and a seat empty."

"We have walked alone in the middle of stares and stigmatizing commentaries, and we have been treated like lepers, marginalized and condemned to the worst pain a human being could live: not knowing the whereabouts of our sons and daughters," the new mother's movement declared. "But now we are not alone. We have found hundreds of mothers and we unite our clamor and our love to recover our loved ones and bring them home."

On Mother's Day, the agony of the drug war transcends borders. And the call from mothers for a more sane and human alternative continues to grow, from Chihuahua to Chicago and from Oaxaca to Washington.

Oaksterdam University Will Carry On, But Without Richard Lee [FEATURE]

At an Oakland press conference Wednesday, Oaksterdam University announced that it would attempt to stay open in the wake of the April 2 federal raid on its campus and associated businesses, but that its founder, Richard Lee, would no longer be involved with the business. Lee, Oaksterdam representatives, and others also used the press conference to call for a national day of action Friday (4/20) and for people to barrage the Obama White House with phone calls demanding it end its policy of repression aimed at medical marijuana providers.

"My future is very uncertain," Lee said. "I'm waiting for a possible legal case. But I hope to be free to support marijuana legalization campaigns like in Colorado and Washington and medical marijuana campaigns like in Ohio. This is a big issue and getting bigger. If I can use my notoriety to help, I will do what I can."

Lee will be replaced at Oaksterdam University by Dale Sky Jones, who was the school's executive chancellor and who worked closely with Lee in 2010's Proposition 19 campaign. Jones and Oaksterdam will face some tough challenges. The federal raiders stripped the campus of all its equipment and computers, and the school has been unable to hold classes or pay staff. Instead, some 45 people are working on a volunteer basis to get it up and running again.

"The raid knocked the wind out of us," said Jones. "We will need help to get back on our feet in the short term, but in the long term, we will come back."

The school will have to move to a smaller, more affordable, space, Jones said.

"It's not sustainable in the current building," she explained. "We'll keep leasing the auditorium where we teach classes until further notice, and that will allow us to continue to enroll new students, which will allow us to buy new computers. But our office will move to a new location. We're staying in the heart of Oaksterdam, but with a much smaller office space. We've created a new parent company that will have the Oaksterdam trademark. Oaksterdam University will survive, just with a new parent company."

Some 15,000 people have taken courses at Oaksterdam, with a curriculum covering all aspects of the medical marijuana industry, from the basics of growing to how to run a business to how to navigate the maze of state, federal, and local laws and regulations. The school has been at the heart of the revitalization of Broadway in downtown Oakland, as well as at the heart of the East Bay medical marijuana community.

"In terms of public safety, I've been to downtown Oakland on numerous occasions, and if you think this will make it a safer community, it will do just the opposite," said Neill Franklin, a former Baltimore police commander in the city's Bureau of Drug and Criminal Enforcement, and executive director of Law Enforcement Against Prohibition (LEAP). "Effective public safety is the result of healthy communities, not police action. When people come together, as they did in Oaksterdam, that's when crime is reduced. Now, we'll have patients forced back into the criminal market, funding organized crime. The public is trying to send a message to Washington, DC, that it's time to move away from these destructive prohibition policies."

"This cost the jobs of 100 union members, and those were good jobs with a decent wage," said Ron Lind, president of the UFCW's Local 5, which represents Bay area dispensary workers. "This misguided policy doesn't only impact patients; it also impacts workers. We will continue to support Oaksterdam and its reemergence. There is a huge potential for good middle-class jobs throughout this industry, and it's time for the federal government to stop undermining it."

"This administration is out of touch not only with the public, but with its own campaign pledges," said Franklin. "Obama won last time after forcefully pledging to back off from the federal attacks. Anyone who thinks this is a good electoral strategy needs to look at the polling," in which support for medical marijuana typically runs at 70% or higher.

Richard Lee surrounded by supporters in San Francisco a day after the April 2 raid
Given the ongoing federal crackdown, it is time for Oaksterdam University to broaden its mission, said Jones.

"Our focus has been on providing quality education to the cannabis community, but we need to start focusing on creating safer communities by controlling, taxing, and regulating cannabis," she said. "These days, it's more accessible than any other drugs. You're not getting it at the store, but behind the store. You don't see legal wine grape growers wielding machine guns."

"We want to thank Richard Lee and Oaksterdam for all you do," said Laura Thomas, interim state director for the Drug Policy Alliance, "both to increase access to medical cannabis and for Proposition 19. We join in calling on people to let the president know what you think of this raid and his drug policies in general. Obama has for the first time acknowledged that there needs to be debate on this topic. We need to let him know that legalization is something that should be talked about."

Oaksterdam supporters will gather at the campus Friday for a demonstration and march to the Oakland federal building. They are also urging sympathizers to sign a petition to President Obama urging him to stop the raids. It has more than 23,000 signatures so far.

"This is a big political issue," said Lee. "We're getting a lot of support right now, and the most recent polls show legalization with about a 5% lead across the country. The opponents of ending cannabis prohibition are fighting back. This issue is at the tipping point."

Oakland, CA
United States

Colorado Democrats Endorse Marijuana Legalization Initiative

Delegates at the Colorado Democratic Party state convention in Pueblo Saturday formally endorsed Amendment 64, the Regulate Marijuana Like Alcohol Act. Because support for the initiative was so strong at the convention, the endorsement becomes part of the party's "essential" platform.

The initiative had already won the support of Democrats in 15 counties, including eight of the 10 most populous. Those counties are Boulder, Delta, Denver, Douglas, Eagle, Elbert, El Paso, Garfield, Jefferson, La Plata, Larimer, Pitkin, Pueblo, Routt, and Weld.

"This is a mainstream issue," said Cindy Lowery-Graber, chair of the Denver Democratic Party. "Polls show that more than 60% of Democrats and a solid majority of independents believe marijuana should be treated like alcohol. A broad coalition is forming in support of Amendment 64 and I am proud to say that it now includes the Colorado Democratic Party."

It's not just Democrats and independents who are supporting the notion of marijuana regulation. Last month, the Denver County Republican Assembly approved a resolution calling for just that, although they did not explicitly endorse Amendment 64. That resolution got 56% of the vote.

"While there may be more support among Democrats and independents, this is quickly becoming a popular position," the campaign's Mason Tvert told Westword over the weekend. "Supporting an end to marijuana prohibition and regulating marijuana like alcohol is a position that spans the political and ideological spectrum."

Colorado is not the only state where marijuana legalization will be on the ballot in November. A similar measure has qualified in Washington state. Signature-gathering campaigns are ongoing in a number of other states, with Montana and Oregon appearing to have the best shot of making the ballot.

Denver, CO
United States

Medical Marijuana Update

The federal offensive against dispensaries in California and Colorado continues, even as more state legislatures take up medical marijuana.

California

Last Wednesday, the Larkspur city council approved a moratorium on dispensaries. A 45-day moratorium passed on a 4-0 vote and could be renewed for up to a year. The city has banned dispensaries since 1997, but city staff warned that given recent state appeals court rulings, its ban could be unlawful, so it opted for the moratorium as a fall-back.

On Friday, San Francisco Mayor Ed Lee issued a statement in support of safe access to medical marijuana. He said he was "concerned about recent federal actions" targeting dispensaries and agreed that federal raids should not be occurring. The notoriously controversy-averse mayor was prodded to speak out by Americans for Safe Access, which earlier last week had mobilized a majority of the city's board of supervisors to publicly state their support.

Also on Friday, Oaksterdam University founder Richard Lee said he will give up ownership of his medical marijuana-related businesses. The move came days after Oaksterdam and related businesses were raided by DEA agents, as well as the IRS and US marshals. Oaksterdam University will shut down at its current location at the end of the month and will try to reopen in a smaller, more affordable location, said Dale Sky Jones, the school's executive director and prospective owner. Lee said he thought he was being investigated for tax offenses. His Blue Sky dispensary was audited in 2010, and the IRS determined that it was not eligible to deduct standard business expenses, resulting in a substantial penalty.

As of Monday, three San Francisco dispensaries targeted by the feds were still open despite a federal demand that they close by last Friday. The three dispensaries and their landlords were targeted for being too close to schools. Five other dispensaries in the city that were targeted earlier have shut down, but for now, at least, HopeNet, 208 Valencia, and Mission Caregivers are still in business.

On Monday, a zero-tolerance drugged driving bill was amended to no longer apply just to marijuana, but to any non-medical use of controlled substances. Because the bill's language says it will not apply "when the controlled substance was administered, dispensed, or prescribed by a person licensed by the state to administer, dispense, or prescribe controlled substances," medical marijuana users could still be subject to arrest since it cannot be prescribed.

As of Wednesday, Americans for Safe Access lists five bills related to medical marijuana that are alive in Sacramento. Check the link to see the good, the bad, and the ugly.

Colorado

On Wednesday, 11 medical marijuana groups sent a letter to US Attorney John Walsh asking him "to respect these licensed businesses and the ailing Coloradans they assist." The letter comes a week after Walsh sent out a second round of threat letters, this time targeting 25 dispensaries.

Maryland

On Monday, the Maryland legislature adjourned without passing any medical marijuana bills. Both the Senate and House had passed bills that would have expanded the affirmative defense law for marijuana possession passed last year to include caregivers, but the session ended without both chambers passing the same bill. This after an earlier effort to create regulated access to medical marijuana was stifled by a veto threat from Gov. Martin O'Malley (D).

Massachusetts

On Tuesday, a pair of medical marijuana bills got a hearing before the Public Safety Committee. But after the hearing, the bills were "sent to study," which typically means the legislation is dead. That would open the way for voters to decide the issue for themselves in November. Backers of a ballot question on the issue need only 11,485 signatures by July 3 to make the ballot.

New Hampshire

On Tuesday, a medical marijuana bill got a hearing before the House Health, Human Services and Elderly Affairs Committee. The bill, Senate Bill 409, has already passed the Senate, but encountered familiar resistance from law enforcement officials, who doubted claims made about marijuana's medical benefits and raised concerns about crime associated with the drug. Sen. Jim Forsythe (R-Strafford) told the panel he had met with Gov. John Lynch last week and that Lynch was "looking the bill over." That could be a positive sign, given Lynch's previous threats to veto the legislation. The bill was referred to a subcommittee, which is expected to take up the bill next Tuesday.

New Jersey

Last Wednesday, a patient filed a lawsuit against the state over delays in starting the state's medical marijuana program. Patient Richard Caporusso alleges that Gov. Chris Christie (R) and his administration have been implementing rules for medical marijuana distribution that are "designed with the intent" to thwart the program. New Jersey's law was passed in January 2010, but no dispensaries are yet open.

New York

On Monday, Gov. Andrew Cuomo (D) put the kibosh on medical marijuana legislation pending in the Empire State. He said the issue should be reevaluated after more research has been conducted. "I understand the benefits. But there are also risks, and I think the risks outweigh the benefits at this point," he said, adding that there would not be time to debate any bill on the subject before the session ends in June.

Tennessee

Last Wednesday, a medical marijuana bill died in the state legislature. Sponsor Rep. Jeanne Richardson (D-Memphis) withdrew the Safe Access to Medical Cannabis Act (Senate Bill 251/House Bill 294) after a hearing in the House Health and Human Resources Committee. She said she will bring it back after the fall election campaign. The bill had surprisingly passed a Republican-led subcommittee earlier in the month, allowing the hearing to take place.

Billboard Goes Up for Colorado Marijuana Initiative

In the opening move of its election season effort to pass Amendment 64, a marijuana legalization and regulation initiative, the Colorado Campaign to Regulate Marijuana Like Alcohol has put up a billboard in the heart of Denver featuring a nice, middle aged woman who says, "For many reasons, I prefer marijuana over alcohol" and asks "Does that make me a bad person?"

the first billboard in the Colorado campaign (CRMLA)
The billboard near Mile High Stadium sits above a liquor store. It went up last Thursday.

The initiative, which takes the form of a constitutional amendment, legalizes the possession of up to an ounce of marijuana by adults 21 and over. Adults would also be able to possess up to six plants -- three mature -- and the fruits of their harvest.

It also calls for the licensing of marijuana cultivation facilities, product manufacturing facilities, testing facilities, and retail stores. It would require the legislature to pass an excise tax on the wholesale sale of marijuana and that the first $40 million in tax revenues each year be dedicated to the state's public school capital construction assistance fund. It would give local governments the ability to regulate such facilities or prohibit them.

In the most recent polling on the issue, a December Public Policy Polling survey found that 49% supported the general notion of legalizing marijuana -- the poll did not ask specifically about Amendment 64 -- while 40% opposed it and 10% were undecided.

That shows that victory is within reach, but by no means assured. One of the key demographic groups needed to win is mothers and middle-aged women, like that nice lady on the billboard.

Colorado isn't the only state where marijuana legalization will be on the ballot. A similar effort in Washington has qualified for the ballot, while signature-gathering for initiatives continues in a number of states. Of those, efforts in Oregon and Montana now appear to have the best shot of actually qualifying for the ballot.

Medical Marijuana Update

Monday's federal raid on Oaksterdam University in Oakland has ignited a firestorm of criticism of heavy-handed federal efforts to clamp down on medical marijuana distribution. Meanwhile, battles continue to be fought from Washington, DC, to local city halls.

National

On Monday, lawmakers from five states urged the Obama administration to back off from its policy of interference in state medical marijuana programs. The lawmakers are Assemblyman Tom Ammiano (D-CA), Sen. Jeanne Kohl-Welles (D-WA), Rep. Antonio Maestas (D-NM), Sen. Cisco McSorley (D-NM), Assemblyman Chris Norby (R-CA), Rep. Deborah Sanderson (R-ME) and Sen. Pat Steadman (D-CO). They called on President Obama to live up to his campaign promise to leave the regulation of medical marijuana to the states, adding raids would only "force patients underground" into the illegal drug market. "Please respect our state laws," the lawmakers wrote. "And don't use our employees as pawns in your zealous and misguided war on medical marijuana."

On Tuesday, former New Mexico Gov. Gary Johnson criticized the Oaksterdam raids, saying the Obama administration needs to "find better things to do with our tax dollars than raiding Richard Lee's home in selective enforcement of a bad law." Johnson, who governed as a Republican, is seeking the Libertarian Party presidential nomination this year.

On Wednesday, six national drug policy groups called on the Obama administration to end its assault on medical marijuana providers. They were the Drug Policy Alliance, Law Enforcement Against Prohibition, the Marijuana Policy Project, the National Cannabis Industry Association, the National Organization for the Reform of Marijuana Laws, and Students for Sensible Drug Policy. "You have turned your back as career law enforcement officials have run roughshod over some of the most professional and well-regulated medical marijuana providers," the groups said in a letter to President Obama, Attorney General Eric Holder, and drug czar Gil Kerlikowske. "We simply cannot understand why you have reneged on your administration's earlier policy of respecting state medical marijuana laws… "We hope that you will immediately reconsider your drug control strategy and will work with, not against, states and organizations that are attempting to shift control of marijuana cultivation and sales, at least as it applies to medical marijuana, to a controlled and regulated market."

California

Last Monday, three San Francisco supervisors expressed concerns about the city Health Department's stance on medical marijuana. Supervisors David Campos, Scott Wiener, and Christina Olague signed on to a letter to the department questioning "some recent media statements" from the department, especially regarding its decision -- since rescinded -- to ban edible medical marijuana products.

Last Thursday, collective members in Murrieta said they were being targeted by police. The conservative Riverside County town is in an ongoing fight with the Green House Cannabis Collective, and collective members told Fox LA that police were pulling them over on pretexts to search their vehicles. One patient and volunteer showed Fox LA a GPS tracking device he found attached to his vehicle after being pulled over by police. The property owner of the collective said he was being fined $109,000, but that city officials offered to drop the fine if he would evict the collective. City officials had no comment, but one told the station off-camera that they don't want marijuana businesses in their city. Period.

Also last Thursday, an Arcata woman sued the city and the police over a raid at her home. Barbara Sage, 64, alleges that officers had an unlawful search warrant and used excessive force in investigating marijuana cultivation at the residence she shared with her husband. She argues that police didn't have sufficient probable cause for the search because they failed to present any evidence that the Sages' suspected marijuana cultivation fell outside the bounds of state and local medical marijuana laws and regulations. The Sages had grown medical marijuana in compliance with state law and local regulations, but were not growing any when police arrived. Aside from the probable cause issue, Sage argues that police violated the "knock-notice" rule, which requires them to announce their presence and that they are serving a warrant when entering someone's home, and that Hoffman failed to include a statement of expertise and qualifications to support the warrant. She also claims officers used unnecessary force when they came into her home with guns drawn, allegedly pulled her sick husband from bed -- tearing oxygen tubes from his nose -- and put him on the ground in handcuffs. "This rough treatment affected his mood drastically, and he went into a state of depression after the search that hastened his death," the suit claims.

Last Friday, an appeals court ruled that a dispensary does not owe the city of Dana Point $2.4 million. The city had shut down the Beach Cities Collective in January 2011, alleging violations of building codes and state law, and the two sides have been embroiled in lawsuits ever since. The city won the $2.4 million summary judgment from an Orange County Superior Court judge, but the 4th District Court of Appeals threw out the judgment, finding that it was improper because the facts in the case are still in dispute. The city has spent $400,000 trying similar tactics against two other dispensaries. Once there were six dispensaries in Dana Point; now, there are none.

Also last Friday, Vallejo police raided the same dispensary for the second time in a month. Police hit the Better Health Group and arrested owner Jorge Espinoza, 25, and three workers on suspicion of selling marijuana. That makes the fourth dispensary raid in the city since February 21. Better Health was raided the first time on February 29. The city has passed a measure to tax dispensaries, but its police continue to raid them anyway.

Also last Friday, medical marijuana regulation initiatives were announced in five cities in the San Diego area. The cities are Encinitas, Del Mar, Solana Beach, Lemon Grove and La Mesa. The proposed ballot measures largely mirror one planned for the city of San Diego. All are being coordinated by Citizens for Patient Rights in connection with the Patient Care Association, a trade organization of and for nonprofit dispensaries. None of the five cities currently allow medical marijuana dispensaries. A judge last year ordered the lone collective in Del Mar closed. A separate group of medical marijuana supporters has launched a citizen-initiated petition to reverse a dispensary ban in Imperial Beach.

On Saturday, San Francisco's HopeNet Cooperative stayed open in defiance of federal threats. US Attorney Melinda Haag had warned the dispensary's landlords it had to close by last Friday or the property could be seized and the owners imprisoned. Similar letters from Haag have led five other San Francisco dispensaries to shut down since October 7. The letters warn of 40-year prison terms and asset forfeitures if the "marijuana distribution" is not stopped.

On Monday, DEA and other federal agents raided Oaksterdam University, associated businesses, and the home of Oaksterdam founder Richard Lee. Lee was briefly detained, but later released without charges. DEA and IRS agents accompanied by US marshals seized seedlings, computers, and records, effectively shutting down the school, although it has vowed to reopen. Oakland police had to provide crowd control for the feds as angry emergency response protestors spilled onto Broadway.

On Tuesday, hundreds of medical marijuana supporters rallied in San Francisco. Although the rally had been planned in advance of Monday's Oaksterdam raids, the federal assault on the movement icon energized and outraged attendees, who marched from city hall to the federal building to tell US Attorney Melinda Haag to knock it off. The rally drew support from city supervisors, state legislators, and state officials.

Also on Tuesday, a Los Angeles judge denied a business license for a medical marijuana testing lab. Golden State Collective Cannabis Laboratories had sought the license, but was denied by city officials. A Los Angeles Superior Court judge upheld the city's decision.

On Wednesday, Los Angeles NORML director Bruce Margolin announced he is running for Congress. He is challenging veteran Democratic Congressman Henry Waxman in the newly created 33rd District. He emphasized ending the failed war on drugs in his announcement.

Also on Wednesday, a Butte County judge denied a motion to suppress the evidence in a medical marijuana case that is fueling outrage over the seizure of children from their parents. Daisy Jean Bram and Jayme Jeff Walsh are charged with marijuana cultivation and sales as well as child abuse charges -- apparently for nothing more than having children in a home where marijuana was being grown. Earlier, a judge had thrown out the child abuse charges, saying there wasn't sufficient evidence for them, but Butte County prosecutors refilled them. The children have since been returned to Bram's care.

Arizona

On Tuesday, Gov. Jan Brewer (R) signed a bill barring medical marijuana on college campuses. The law prohibits the possession or use of medical marijuana at public universities, community colleges, and child-care facilities. The bill was the brainchild of Rep. Amanda Reeve (R-Phoenix) and was supported by prosecutors. Medical marijuana advocates foresee a legal challenge on state constitutional grounds.

Colorado

On Tuesday, the state announced it is cutting its medical marijuana regulatory staff because the state isn't collecting enough revenues from licensing fees to pay for them. The Department of Revenue said it would lay off 20 of 37 staffers at the Medical Marijuana Enforcement Division. The department blamed the shortfall on a state moratorium on medical marijuana licenses, which is set to end this summer.

Maine

Last Wednesday, Portland saw its first dispensary open for business. The dispensary will eventually serve about 100 patients. It is the second Wellness Connection of Maine dispensary to open in the state.

Michigan

Last week, the House Judiciary Committee approved four medical marijuana bills that compromise patients' rights. The Marijuana Policy Project says it will absolutely oppose one and will oppose two more if not amended. Click the link above for details on the bills.

Montana

On Tuesday, four medical marijuana providers suing the federal government were arrested on federal drug charges. The attorney representing the four in their civil lawsuit over last year's raids on medical marijuana businesses across the state said they were indicted on Tuesday and last Thursday. The lawsuit challenging the constitutionality of the searches of more than 26 homes, businesses and warehouses is before the 9th US Circuit Court of Appeals. Their claim was rejected by a district judge in January.

Ohio

Last Wednesday, the Ohio Medical Cannabis Amendment campaign held a press conference to kick start its signature-gathering effort. They have until July 4 to turn in 385,000 valid voter signatures in order to make the November ballot.

Washington, DC

Last Friday, DC officials selected six growers for the city's medical marijuana program. Later this summer, the city will select up to eight dispensary operators. By then, the chosen growers should have a crop to provide to the dispensaries, and the law approved by voters in 1998, but blocked by Congress until 2009 will finally be in effect.

Also on Friday, the weGrow medical marijuana superstore opened on Rhode Island Avenue NE. The supplier of lights, hydroponic equipment and other growers' goods advertises itself as "the one-stop-shop for the products and services one would need to grow plants indoors -- from tomatoes to medical marijuana."

Medical Marijuana Crackdown Sparks San Francisco Protest [FEATURE]

Members of the San Francisco Board of Supervisors and representatives of the city attorney, state legislators, and state officials jointed hundreds of medical marijuana patients and supporters for an energized rally at City Hall Tuesday afternoon before marching to the nearby federal building to demand that US Attorney for Northern California Melinda Haag cease and desist in her attacks on the locally-regulated and -tolerated medical marijuana distribution in the city, the Bay area, and the state of California.

The crowd was large and outraged by Monday morning's federal raid on the movement's iconic Oaksterdam University, associated properties, and the home of Oaksterdam University founder and Proposition 19 funder Richard Lee. But that raid, which drew a heated reaction from activists who gathered in an emergency response to armed DEA, IRS, and US Marshals, went down after Tuesday's rallied had already been scheduled, and was only the latest in a recurring pattern of federal strikes against the movement and the industry going back to last fall.

Since October, when California's four US Attorneys jointly opened their campaign against the dispensaries, five have been forced to close because of federal threats in San Francisco alone, and others are under current threat. Across the state, the number of federally-induced shutdowns is in the dozens, including some of the state's most venerable and most regulated medical marijuana enterprises.

In San Francisco, patients, advocates, dispensary operators, the San Francisco chapter of Americans for Safe Access, and members of the San Francisco Medical Cannabis Task Force are launching a campaign, San Francisco United, to push city officials to take action to protect medical marijuana distribution in the city. It's not that they need a whole lot of pushing, given their recognition of the broad popularity of medical marijuana in the city where the movement was born.

Oaksterdam's Richard Lee made it to the rally after being detained Monday. He heard multiple expressions of support.
"By opposing federal interference, San Francisco officials are taking a stand for patients and for sensible public health policy," said ASA founder and Executive Director Steph Sherer. "The federal government must not be allowed to push patients into the illicit market without consequence."

Looking out at the crowd gathered around the steps of City Hall waving a sea of "Cannabis Is Medicine, Let States Regulate" signs, Sherer told her audience the movement is having an impact. "Haag and Holder are watching you. You're frightening them," she said to wild cheers.

"You're not alone; you have friends in city hall," Supervisor David Campos said as he stepped before the microphone. "This is a social justice issue; this is about safe access for patients," he said. "The voters have spoken, and we understand the importance of this issue. We need to expedite the permitting process so those closed dispensaries can reopen quickly."

Supervisor Christina Olague assailed Haag's campaign against the dispensaries. "This is absurd," she told the crowd, calling for solidarity. "When one of us is attacked, all of us are attacked," she said.

Cardboard cutouts of Haag's face on sticks allowed crowd members to wear "Haag masks" complete with blank speech balloons, on which protestors wrote "Quit vomiting and grow your own," "I love Romney," and similar witticisms.

Supervisor David Campos on the steps of city hall
"Melinda Haag didn't know what she was getting into," said Quintin Mecke, spokesman for drug reformer state Assemblyman Tom Ammiano (D-San Francisco). "California is a sanctuary state, and California law is at stake. But this isn't just a San Francisco issue or a California issue, it's a national issue."

Sixteen states and the District of Columbia have medical marijuana laws. In the past year, the DEA and other federal agencies have unleashed offensives against dispensaries in California, Colorado, and Montana, and have attempted to intimidate state officials in other medical marijuana states contemplating state-regulated distribution systems.

Mecke also announced that Ammiano's Assembly Bill 2312, which would set up a statewide system of regulated medical marijuana distribution, will get a first hearing next Tuesday in the Assembly Public Safety Committee.

"I urge the federal government to halt its assault on dispensaries and cease its cruel attacks on patients and caregivers," said a spokesman for state Sen. Mark Leno (D-San Francisco), another friend of drug reform in Sacramento. "Those federal dollars are better spent on programs that actually help people, and I'm concerned about this having a deleterious impact on the state's economy."

The "Haag mask"
Medical marijuana's contribution to the state economy is substantial, according to state Board of Equalization representative Allen Defazio. "The federal government needs to back off," he said. "The California system works, despite the federal government. Medical marijuana is generating $100 million a year in taxes."

Passing motorists honked frequently in support as protestors made the brief march down Golden Gate Avenue to the federal building, where US Attorney Haag has offices on the 19th floor. Stone-faced, uniformed federal police looked on as the crowd gathered on the building's plaza to chant and shake its fists at her towering aerie.

"This is an insult to San Francisco and California," fumed Dale Gieringer, longtime leader of California NORML. "The Department of Justice doesn't want patients to have safe, law-abiding access to medical marijuana. They want it to be criminal."

As the federal building action wound down, Americans for Safe Access national director Stephanie Sherer, who emceed the day's events, urged the crowd to chant loud enough for Haag to hear their voices on the 19th floor. There is no sign yet that she is hearing those voices, but the clamor is growing, and as long as she continues to go after dispensaries in Northern California, the racket there is just going to get louder and louder.

San Francisco, CA
United States

Feds Raid Oaksterdam University

Federal agents raided Oaksterdam University and associated businesses in downtown Oakland Monday morning shortly before 8:00am local time. The entire building was surrounded by yellow crime scene tape, and an hour later, agents were spotted carrying trash bags filled with unknown materials to a waiting van.

Also hit in the early morning raids were the nearby Oaksterdam Museum, the Oaksterdam gift shop, and the Oakland Cannabis Buyers Club. None of those businesses actually distribute medical marijuana.

The Bay Citizen reported that Oaksterdam founder Richard Lee had been detained at his home and that four university plant tenders had been arrested. The Bay Citizen also reported that the former location of Lee's Blue Sky dispensary had been raided.

Oaksterdam University is the beating heart of the Oakland cannabis revival, which has helped revitalize the city's downtown core. Founded in 2007, it was the first institution in the country devoted to providing instruction in medical marijuana cultivation.

Owned and operated by Richard Lee, who put his personal fortune into getting 2010's Proposition 19 to legalize marijuana on the ballot, the university has trained thousands of people in how to grow their own medicine and other aspects of medical marijuana business. It has also served as an organizing center for the Bay area medical marijuana movement.

Medical marijuana defense groups, such as Americans for Safe Access, were mobilizing their members Monday morning and calling for supporters to head to the scene. They did so in large and angry numbers, shouting obscenities and imprecations at the federal agents. Oakland police were called in for crowd control after protestors spilled onto Broadway. Two people were arrested during the protest.

Federal officials were tight-lipped, with IRS spokeswoman Arlette Lee saying little more than that the raids were part of "an ongoing investigation."

Federal officials have been cracking down on California dispensaries for the past year, breaking with an earlier Obama administration stance that it would not bother operations that were in compliance with state law.

While in some cases, the federal crackdown has been assisted, or even instigated by, local officials, that is not the case in cannabis-friendly Oakland. The city has worked closely with medical marijuana providers and derives substantial tax revenues from them. It recently announced plans to double the number of dispensaries in the city from four to eight.

A previously scheduled press conference and protest march in San Francisco set for Tuesday should be even more energized after Monday's raids directed at what many see as the heart of the California medical marijuana scene.

Stay tuned.

Oakland , CA
United States

Rasmussen Poll Finds 47% Say Legalize, Tax Marijuana

Support for legalizing and taxing marijuana out-muscled opposition to it in the latest Rasmussen poll to ask respondents about the issue. Support was at 47%, while opposition was at 42%, with 10% undecided in the poll released last Thursday.

Respondents were asked the following question: "To help solve America's fiscal problems, should the country legalize and tax marijuana?"

Rasmussen conducted a telephone survey of 1,000 adults nationwide this week. The poll has a margin of error of +/- 3%.

Support is up four points since Rasmussen last asked that question in July 2010. That's in line with most recent national polls, which show a continuing upward trend for legalization, which is now hovering on the cusp of majority support. Angus Reid polled support for legalization at 55% in August, while Gallup had at it 50% in October, continuing long-term upward trends in support. A November CBS News poll had support at only 40%, a decline from its previous number, but it is the downside outlier.

Colorado and Washington will vote on marijuana legalization initiatives in November, but the Rasmussen poll doesn't provide cross-tabs and geographic breakdowns to anyone except paying subscribers, so regional data is unavailable. Most other polls show higher levels of support for marijuana legalization in the West than in the country as a whole.

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