Marijuana Industry

Medical Marijuana Update

by Phillip Smith, December 12, 2012, 07:21pm, (Issue #763)

Lots of action -- good, bad, and ugly -- in California this week, plus a Washington appeals court ruling that appears to clear the way for dispensaries. Let's get to it:

California

Last Tuesday, Humboldt County supervisors extended a moratorium on new dispensaries. The extension was the second one and lasts for one year. The county began the moratorium last December after the federal government began threatening local governments with legal action over medical marijuana-related ordinances.

Last Wednesday, an appeals court ruled a Rancho Mirage dispensary must shut down until the city's efforts to close it are resolved. Rancho Mirage Safe Access Wellness Center must close while the city's appeal of a Riverside County Superior Court judge's ruling allowing it to stay open is under consideration by Division Two of the Fourth District Court of Appeals, the court said, granting a request from the city.

Also last Wednesday, Palm Springs police put un-permitted dispensaries on notice that they must shut down or face fines that begin at $1,000 and rise to $5,000 for each week they remain open. Palm Springs is the only Coachella Valley city to permit the sale of medical marijuana, but it limits the number of available licenses to three. There are about 10 collectives in Palm Springs without a city permit. The city and the un-permitted collectives have battled with competing lawsuits, and no end is in sight.

Also last Wednesday, an appeals court held that medical marijuana use alone is not sufficient cause for removing a child, reversing a trial court order that the father undergo drug testing and parenting courses because of his medical marijuana use. The court found that, "Although father uses medical marijuana pursuant to a physician's recommendation, there is nothing in the record to indicate that he has a substance abuse problem." Accusing a parent of child abuse or neglect merely for using medical marijuana "without any evidence that such usage has caused serious physical harm or illness or places a child at substantial risk of incurring physical harm or illness is unwarranted and will be reversed," the court said.

Last Friday, Los Angeles activists handed in 70,000 voter signatures for a referendum that would regulate but not ban dispensaries in the city. "The Medical Marijuana Regulation and Control Act" is supported by Americans for Safe Access and a local committee and is a response to the city council's effort to ban all dispensaries. If the city fails to regulate the dispensaries, the referendum will be waiting.

On Monday, a new Murrieta dispensary was served notice of the city's moratorium on dispensaries. Diamond Star Remedies opened despite being denied a business license, and its operator, John Szwec, said he had plans to pave his lot and put up a permanent building as soon as the city is willing "to stop harassing and start following state laws." Murrieta city council voted in September to extend its moratorium for one year while it awaits a state Supreme Court decision on whether cities have the power to regulate medical marijuana dispensaries in their jurisdictions.

On Tuesday, Yuba County supervisors approved a progressive grow ordinance. The ordinance allows up to 18 plants to be grown on parcels of less than an acre, while up to 99 plants may be grown on parcels greater than 20 acres. The ordinance eliminates a misdemeanor provision for violators and instead allows penalties and gives the county the authority to remove marijuana that doesn't follow growing guidelines.

Also on Tuesday, the city of Concord moved closer to banning outdoor grows. The move comes after the council heard complaints about offensive odors from residential grows and the risk of robbery or theft. The city council voted unanimously to review the city of Moraga's ordinance and possibly follow the Moraga model, which bars outdoor cultivation and demands that indoor grows be hidden from view.

Also on Tuesday, Pittsburg city planners recommended a ban on dispensaries. Planning commissioners approved the ban on a 4-1 vote, with a final vote before the city council set for January 22. The city has had a two-year moratorium on dispensaries, which expires in April, while staff studied whether to permanently ban them.

Also on Tuesday, Mendocino County supervisors hired a San Francisco attorney to deal with the federal government's subpoena of the county's medical marijuana records. Supervisors announced after a closed-door meeting with county counsel that the board "has retained the legal services of William Osterhoudt of San Francisco to assist the county in representation regarding the subpoenas." The subpoenas from the US Attorney Office for Northern California seek "any and all records" for the county's medical marijuana cultivation ordinance from January 1, 2010 to the present, including those with third-party garden inspectors and Mendocino County Board of Supervisors. The county quit issuing permits under its program in March, when federal prosecutors threatened to file an injunction against the county's medical marijuana cultivation ordinance and seek legal action against county officials who supported it. The county has until January 8 to respond to the records request.

Also on Tuesday, Sonoma County supervisors rejected repealing the county's outdoor grow guidelines. The guidelines, in place since 2006, allow patients or caregivers to grow up to 30 plants in up to 100 square feet of space. Repeal would have meant reversion to the "state minimum" of six plants, but was voted down 5-0. Supervisors did agree to consider a proposal to ban the use of unoccupied residential buildings for grows and to establish a working group that would help the county shape its medical marijuana program.

Colorado

Last Friday, the state agency in charge of regulating dispensaries announced it is preparing a broad rewrite of the rules. The Department of Revenue's Medical Marijuana Enforcement Division, or MMED, said it will release a draft of the rewritten rules by December 28. The draft rules will be the subject of three public hearings beginning in January. "Based on industry feedback, and its own experience, the MMED has determined that the majority of the existing medical marijuana rules... are in need of amendment," MMED said.

Maine

On Monday, a state representative said he would introduce a bill to eliminate the categories that limit when medical marijuana can be authorized by a doctor. The proposed legislation would also allow any physicians to recommend medical marijuana, not just a few licensed to do so. Rep. Mark Dion (D-Portland) said he would submit the bill next month.

Montana

Last Thursday, a judge pushed back the trial date for medical marijuana provider and former University of Montana quarterback Jason Washington. He is accused of violating federal drug laws in a case arising from the federal crackdown on medical marijuana in Montana in early 2011. Washington and prosecutors now have a court date of January 14 and a January 3 deadline to reach a plea agreement. If that doesn't happen, Washington will become only the second medical marijuana provider in the state to stand trial. The other, Chris Williams, was convicted and is looking at up to 80 years. Five of Washington's co-defendants have already cut plea deals.

Washington

On Tuesday, an appeals court overturned the conviction of a Spokane dispensary operator. Scott Shupe opened the first dispensary in Spokane, only to be charged with and convicted of marijuana trafficking under state law. But the Division III Court of Appeals threw out the conviction, saying that Spokane Police did not have probable cause to search Shupe’s residence and business and that Spokane County prosecutors did not have sufficient evidence to justify Shupe’s convictions. But the opinion went further, and appears to have agreed with Shupe and that the law allows providers to sell marijuana to one person at a time rather than the state’s interpretation of providers selling only to one person, period.

Americans Want Feds Out of State Marijuana Laws

by Phillip Smith, December 12, 2012, 01:29am, (Issue #763)

In the wake of last month's votes to legalize marijuana in Colorado and Washington, yet another poll has found strong opposition to the federal government taking steps to enforce federal marijuana laws in those states. A Gallup poll released Monday found that only 34% wanted the feds to step in, while almost two-thirds (64%) were opposed.

Two other post-election polls released earlier also showed majority support for the feds butting out. One had support for letting the states experiment with legalization at 51%, the other at 59%. Combined, the polls suggest that public opinion is moving against Washington when it comes to deciding who should determine marijuana policy in the states.

The Gallup poll also asked about views on marijuana legalization and found that 48% said it should be legal, while 50% were opposed. Since the poll's margin of error is +/- 4%, the results indicate a country evenly divided on the issue. Three other post-election polls on the question had majorities in favor of legalization, while one more had a 47%-47% tie.

When it comes to whether the federal government should intervene, not only did an overwhelming majority (87%) of legalization supporters said it should not, but even 43% of those who opposed legalization said it should not.

"The significant majority of Americans would advise the federal government to focus on other issues, even though public pot smoking in states where it is legal flouts national laws currently on the books," Gallup said. "By contrast, there is no clear-cut direction from the American public on the underlying issue of legalizing use of marijuana. Although support for legalization has risen substantially over the past 43 years, the public remains divided, with Democrats and young people most in favor, while Republicans and older Americans are most likely to be opposed."

More grist for the mill as the Obama administration ponders its response to marijuana legalization in Colorado and Washington.

Marijuana Is Now Legal in Colorado! [FEATURE]

by Phillip Smith, December 11, 2012, 05:44pm, (Issue #763)

And then there were two. On Monday, December 10, 2012, Colorado Gov. John Hickenlooper signed an executive order certifying last month's Amendment 64 victory and legalizing the use, possession, and limited cultivation of marijuana by adults 21 and over.

Colorado now joins Washington as states where voters approved marijuana legalization last month and where the will of the voters has now become law. In both states, it is only the possession (and cultivation in Colorado) parts of the new laws that are now in effect. Officials in Denver and Olympia have a matter of some months to craft and enact regulatory schemes for commercial marijuana cultivation and distribution -- provided the federal government does not seek to block them from doing so.

While the federal government may seek to block implementation of regulations, it cannot make the two states recriminalize marijuana possession. And the states have no obligation to enforce federal marijuana laws.

In both states, however, it remains illegal to sell marijuana or cultivate it commercially pending the enactment of regulatory schemes. Still, pot possession is now legal in Washington and Colorado.

"Voters were loud and clear on Election Day," Hickenlooper wrote. "We will begin working immediately with the General Assembly and state agencies to implement Amendment 64."

In addition to the executive order certifying the election results, Hickenlooper also signed an executive order establishing a 24-person task force charged with coming up with a way to implement Amendment 64's taxation and regulation provisions. The task force consists of government officials and other stakeholders, including representatives of medical marijuana patients, producers, and non-medical consumers, and will make recommendations to the legislature on how to establish a commercial marijuana market.

"All stakeholders share an interest in creating efficient and effective regulations that provide for the responsible development of the new marijuana laws," the executive order said. "As such, there is a need to create a task force through which we can coordinate and create a regulatory structure that promotes the health and safety of the people of Colorado."

Issues that will be addressed include: the need to amend current state and local laws regarding the possession, sale, distribution or transfer of marijuana and marijuana products to conform them to Amendment 64's decriminalization provisions; the need for new regulations for such things as security requirements for marijuana establishments and for labeling requirements; education regarding long-term health effects of marijuana use and harmful effects of marijuana use by those under the age of 18; and the impact of Amendment 64 on employers and employees and the Colorado economy.

The task force will also work to reconcile Colorado and federal laws such that the new laws and regulations do not subject Colorado state and local governments and state and local government employees to prosecution by the federal government.

"Task force members are charged with finding practical and pragmatic solutions to the challenges of implementing Amendment 64 while at all times respecting the diverse perspectives that each member will bring to the work of the task force," the executive order emphasized. "The task force shall respect the will of the voters of Colorado and shall not engage in a debate of the merits of marijuana legalization or Amendment 64."

Marijuana legalization supporters cheered the issuance of the executive orders.

"This is a truly historic day. From this day forward, adults in Colorado will no longer be punished for the simple use and possession of marijuana. We applaud Gov. Hickenlooper for issuing this declaration in a timely fashion, so that adult possession arrests end across the state immediately," said Mason Tvert, one of the two official proponents for Amendment 64 and newly appointed communications director for the Marijuana Policy Project.

"We look forward to working with the governor's office and many other stakeholders on the implementation of Amendment 64," Tvert continued. "We are certain that this will be a successful endeavor, and Colorado will become a model for other states to follow."

Not everyone was as thrilled as Tvert. Both US Attorney for Colorado John Walsh and Colorado State Patrol James Wolfinbarger issued statements Monday warning respectively that marijuana is still illegal under federal law and that driving while impaired by marijuana is still a crime.

"The Department of Justice is reviewing the legalization initiatives recently passed in Colorado and Washington state," Walsh said in his statement. "The Department's responsibility to enforce the Controlled Substances Act remains unchanged. Neither states nor the executive branch can nullify a statute passed by Congress. In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. Regardless of any changes in state law, including the change that will go into effect on December 10th in Colorado, growing, selling or possessing any amount of marijuana remains illegal under federal law. Members of the public are also advised to remember that it remains against federal law to bring any amount of marijuana onto federal property, including all federal buildings, national parks and forests, military installations, and courthouses."

"The Colorado State Patrol would like to remind motorists that if you chose to consume marijuana and make the decision to drive that you are taking a huge risk," Wolfinbarger said. "Drivers must realize that if you are stopped by law enforcement officials and it is determined that your ability to operate a motor vehicle has been affected to the slightest degree by drugs or alcohol or both, you may be arrested and subjected to prosecution under Colorado's DUI/DUID laws. It is imperative that everyone takes responsibility for public safety when driving on Colorado's highways."

While the implementation of regulations for marijuana commerce in Colorado and Washington is by no means assured, the legalization of pot possession in the two states is a done deal. And with it, a huge hole has been blown through the wall of marijuana prohibition. Since the election last month, public opinion polls have shown increasing support -- and in three out of four cases, majority support -- for marijuana legalization, as well as little patience for federal interference in states that have legalized.

Marijuana prohibition may not be dead yet, but voters in Colorado and Washington have delivered a mortal blow. The clock is ticking.

Denver, CO

United States

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Majority Says Feds Should Stay Out of Marijuana Legalization States

by Phillip Smith, December 08, 2012, 11:42pm, (Issue #763)

A slight majority of adults say the federal government should not attempt to enforce federal marijuana laws in states which have voted to legalize it, according to a new YouGov poll. Some 51% of respondents said the federal government should "exempt adults who follow state law from enforcement."

The poll was conducted December 5 and 6 among 1,000 adults. It has a margin of error of +/- 3.4%.

The poll comes as the Obama administration ponders how to respond to last month's passage of marijuana legalization measures Amendment 64 in Colorado and I-502 in Washington. While possession of up to an ounce by adults became legal last week in Washington and will become legal within weeks in Colorado, both states have a matter of months to come up with regulatory structures for commercial marijuana cultivation and distribution.

There has been speculation that the administration may attempt to block the regulatory and tax components on the initiatives, but this poll suggest little support for that among the public.

Fewer than one-third (30%) of respondents said the federal government should "enforce the drugs laws the same way it does in other states," while an unusually high 20% of respondents were not sure.

This is the second poll this month to find a majority saying the question of legalization should be left to the states. A CBS News poll last week had 59% of respondents saying it should be up to the states. Like the YouGuv poll, this poll had only about one-third (34%) saying it should be up to the federal government.

Quinnipiac Pollster Calls Marijuana Legalization "Just a Matter of Time"

by Phillip Smith, December 05, 2012, 09:46pm, (Issue #762)

The third different poll in less than a week to report a majority favoring marijuana legalization was released Wednesday, with the pollster saying the results showed marijuana legalization was "just a matter of time." The Quinnipiac poll asked if "the use of marijuana should be made legal in the United States," and 51% said yes, while 44% were opposed and 5% undecided.

Including this one, four polls on marijuana legalization have appeared in the past week. Only one of them had support for legalization at less than 50% (and it was still a record high 47% for that poll, tieing opposition). The other two had legalization at 54% and 57%.

Legalization was supported by majorities of Democrats and independents (58% each), but not Republicans (31%). It was strongly supported by men (59%), but not women (44%). It was supported by younger voters (under 30, 67%; 30-to-44; 58%), but not older ones (45-to-64, 48%; over 65; 35%). Racially, support was strongest among blacks (57%), followed by whites (50%) and Hispanics (47%).

"With the use of marijuana for medicinal purposes legal in about 20 states, and Washington and Colorado voting this November to legalize the drug for recreational use, American voters seem to have a more favorable opinion about this once-dreaded drug," said Peter A. Brown, assistant director of the Quinnipiac University Polling Institute. "There are large differences on this question among the American people.

Then he dropped a bombshell.

"This is the first time Quinnipiac University asked this question in its national poll so there is no comparison from earlier years. It seems likely, however, that given the better than 2-1 majority among younger voters, legalization is just a matter of time."

Medical Marijuana Update

by Phillip Smith, December 05, 2012, 04:42pm, (Issue #762)

Yes, it's true: Medical marijuana dispensaries really are coming in Arizona and New Jersey, and clinics in Massachusetts. Meanwhile, Harborside wins in state court, and Mendocino County ponders a federal subpoena. There's more news, too. Let's get to it:

Arizona

On Sunday, Arizona's first legal medical marijuana dispensary opened for business. Southern Arizona Integrated Therapies in Tucson opened its doors to patients and caregivers for pre-registration. It will start actually distributing medicine later this month.

On Wednesday, a state court judge upheld the Arizona Medical Marijuana Act, ruling that it is not void under federal law and ordering Maricopa County to move forward with approving the operation of the White Mountain Health Center, which had sued after state and county officials proved recalcitrant. "The state court found that 'no one can argue' that the federal government's ability to enforce its drug laws is impaired to the slightest degree by the Arizona MMA," said ACLU of Arizona Legal Director Daniel Pochoda. "This should end the unprecedented spectacle of Maricopa County Attorney Montgomery and Arizona Attorney General Horne arguing that an Arizona state law passed by the voters is unconstitutional."

California

Last week, Harborside Health Centers won a victory in state court. An Alameda County Superior Court judge ruled that an attempt by Harborside's Oakland landlord to evict it because of threats from federal authorities was voided because the landlord could not seek relief in state court for Harborside's alleged violations of federal drug laws. "To impose the harsher remedy of declaring a lease terminated and authorizing the sheriff to evict a tenant would be to improperly enforce federal criminal law," the court wrote. The court also noted that the landlord's lease authorized Harborside "to use the premises for the exact purpose -- i.e. distributing medical marijuana -- that Plaintiff now deems 'unlawful' … Thus, at least at first blush, Plaintiff arguably contractually waived … any legal right she had" to ask the court to terminate the lease under state law for that reason." Harborside is the state's largest dispensary, with more than 108,000 patients on its rolls.

Last Wednesday, South Lake Tahoe ordered a dispensary to fix odor problems or be closed down. The Tahoe Wellness Center, the last of three dispensaries that once operated in the city, must fix its odor problems or face revocation of its operating permit, city officials said. The dispensary said the odor was related to harvest time and it was working to resolve the problem.

Last Thursday, the LA city council planning commission approved new dispensary regulations that would require most to shut down if approved. The regulations would force the estimated 600 to 800 dispensaries that opened after September 2007 to shut down, but would allow 182 dispensaries that opened before then and filed proper papers with the city to stay open. But those dispensaries would race restrictions, including operating at least 1,000 feet away from schools, prohibiting patients from using cannabis on the premises, and banning unaccompanied minors from entering.

Also last Thursday, a state appeals court upheld Riverside County's ban on dispensaries. The order from the court’s Division Two, based in Riverside, overturns an August ruling by Superior Court Judge John Vineyard. Vineyard said local government bans of the medical marijuana stores were illegal. While the ruling only addressed one store, it affected all the city's efforts to complete its ban. There are about a dozen dispensaries in the county, down from about 45 open when the ban was first put in place almost a year ago.

On Tuesday, Kern County supervisors fined a dispensary $50,000 for violating Measure G, the rule restricting where dispensaries and medical marijuana cooperatives can operate. Supervisors had fined several other dispensaries last month, but Kern County Kind Collective's landlord had sought more time to file legal action to evict it. It is the last dispensary known to supervisors that is in violation of Measure G.

Also on Tuesday, Mendocino County supervisors agreed to hire an outside attorney to deal with a federal subpoena demanding records the county keeps on its medical marijuana program. Supervisors said they were trying to ascertain what information the US Attorney's Office is interested in and that the subpoena was "extremely broad." The move came after a public hearing where attendees urged supervisors not to release personal information about people who had paid the county for permits for collectives to grow up to 99 medical marijuana plants or for zip ties for growers to show their plants were grown legally under state law. The county stopped issuing the 99-plant permits for collectives in March after the US Attorney's Office threatened to file and injunction against the county's medical marijuana cultivation ordinance and seek legal action against county officials who supported it.

Colorado

Last week, state officials reported September patient numbers. Some 107,666 people were on the medical marijuana registry in September, up 3,500 over the previous month. That was the ninth straight month that active patient numbers have grown. From June 2011 through last December the numbers kept dropping, from 128,698 mid-year to 80,558 at the end of 2011. Of the 107,666 active patients, 100,845 claim severe pain as their primary ailment.

On Tuesday, the Fort Collins city council began moving to undo its ban on dispensaries. Voters had approved the ban last year, but overturned it this year. The council was set to do preliminary votes to establish a licensing system for medical marijuana businesses, recognize them in the city code and allow by ordinance dispensaries, manufacturers of medical marijuana-infused products and cultivators. A final vote is set for December 20.

Illinois

Last week, a vote on a pending medical marijuana bill was delayed after its chief sponsor, Rep. Lou Lang (D-Skokie) decided he didn't have the votes to pass it. He said he would be working the phones to line up support for a later vote. There are also reports that a Waukegan company's lobbying may have delayed the vote. That company wants to be the only medical marijuana provider if the bill passes.

Massachusetts

On Monday, it was reported that two medical marijuana clinics will open in Cambridge and Framingham once the state's new medical marijuana law goes into effect next month. Last week, the California-based CannaMed began moving into its first Massachusetts location, in Framingham. Integr8 Massachusetts’ website says its medical marijuana recommending clinic will open in Cambridge in January.

Also on Monday, the Massachusetts Medical Society called on the state to develop clear regulations and guidelines for implementing the medical marijuana law. While the group wants medical marijuana to be used only as a last resort, this is an improvement from its earlier position, which opposed medical marijuana.

Montana

Last Tuesday, a US District Court judge throw out the indictment of an accountant for a medical marijuana provider, saying prosecutors unlawfully indicted her by using statements she made when immune from prosecution. Lisa Fleming was an accountant for Jason Washington, who ran Big Sky Health until he was arrested last year in a federal crackdown. She was accused by the feds of helping him launder money, falsifying records, and once purchasing marijuana for him. Prosecutors can re-file the charges, but it is unclear if they will do so.

New Jersey

Today, the state's first dispensary is set to open. Greenleaf Compassion Center in Montclair initially will be seeing patients by appointment only, starting Thursday morning. About 20 appointments are scheduled, and after being documented and assessed, those patients will walk away with the first legal medical marijuana sold in the state. The opening comes almost three years after the state passed its law.

Washington

On Monday, the Vancouver city council approved collective gardens, but only in certain zones of the city. Gardens must be at least 1,000 feet from schools, community centers, public parks, licensed day care facilities and other collective gardens, and they must be in areas zoned only as light or heavy industrial. The city had imposed a moratorium on collective gardens in July 2011, but that was set to expire at year's end. If the council hadn't acted, the gardens would have been allowed anywhere in the city.

New Poll Has Record High for Marijuana Legalization

by Phillip Smith, December 04, 2012, 05:41pm, (Issue #762)

There is a third poll in the past few days suggesting that Americans' attitudes toward marijuana legalization have reached the tipping point, if not toppled over it. A survey conducted over the weekend by Public Policy Polling (PPP) finds a record high 58% of respondents think pot should be legal, while only 39% think it should not.

That finding comes on the heels of a CBS News poll showing the highest support for legalization since it starting asking the question (although still not quite over the top at 47%) and an Angus-Reid poll that had support for legalization at 54%.

It also comes just days before Americans are confronted with the reality of legal marijuana in one of the two states that legalized it last month. On Thursday, the provision of Washington's I-502 initiative allowing the adult possession of up to an ounce of marijuana goes into effect. The possession (and cultivation) provisions of Colorado's Amendment 64 will go into effect days later, by January 5 at the latest.

In the PPP poll, 33% of respondents felt "strongly" that marijuana should be legal, while another 25% agreed, but didn't feel strongly about it. Taking the two together, that's 58% in support of freeing the weed.

Poll respondents also wanted the federal government to allow Colorado and Washington to chart their own paths on marijuana (47%), with only one-third (33%) calling for the federal government to intervene. And a slight plurality (45%) said marijuana was safer than alcohol, while 42% said it was not safer.

There were few surprises in the cross-tabs. Support for legalization was stronger among men (62%) than among women (54%) and stronger among Democrats (68%) and independents (59%) than among Republicans (42%). Somewhat surprisingly, Hispanics reported stronger support for legalization (61%) than blacks (56%) or whites (55%). There was majority support for legalization among voters under 45, but not over. Still, even among the older folks, there was 47% support among 45-to-64-year-olds and 48% for the above-65 set.

Colorado Business Groups Ask Feds to Enforce Marijuana Laws

by Phillip Smith, December 03, 2012, 02:46pm, (Issue #762)

Some 20 Colorado business organizations wrote a letter to US Attorney General Eric Holder last Friday urging him to enforce federal laws barring the sale and possession of marijuana. In doing so, the business groups are taking direct aim at the will of the voters, who passed Amendment 64 legalizing marijuana with 55% of the vote last month.

"Passage of Amendment 64 left considerable uncertainty for employers and business in Colorado with regard to their legal rights and obligations," the letter said. "We encourage enforcement of the [federal Controlled Substances Act] to provide the certainty and clarity of law we seek."

Amendment 64 legalizes the possession of up to an ounce of marijuana and the cultivation of up to six plants by adults 21 and over. That part of the amendment will go into effect by January 5 at the latest. It also directs the state to craft a system of regulations for commercial marijuana cultivation and sales. The state has until October 2013 to complete that task.

Still, marijuana remains illegal under federal law, but the Justice Department headed by Holder has yet to signal how it will respond. The Obama administration initially backed off enforcing federal laws in medical marijuana states, but for the last two years has stepped up enforcement actions.

For Coloradans and others who want to know who is attempting to undercut the will of the voters and respond in an informed and appropriate manner, here is the complete list of signatory organizations:

Colorado Concern
Northern Colorado Legislative Alliance
Associated Builders and Contractors -- Rocky Mountain Chapter
Colorado Technology Association
Fort Collins Chamber of Commerce
Grand Junction Chamber of Commerce
Greeley Chamber of Commerce
Pueblo Chamber of Commerce
Colorado Springs Regional Business Alliance
Northern Colorado Economic Development Corporation
Upstate Colorado Economic Development Association
Colorado Contractors Association
International Electrical Contractors -- Rocky Mountain Chapter
National Federation of Independent Business -- Colorado and Wyoming Chapter
Club 20
Loveland Chamber of Commerce
Colorado Bankers Association
Colorado Auto Recyclers Association
Chrisland Commercial
Douglas County Business Alliance

(Update: One of our readers has posted contact information for these organizations, here in the comments section.)

United States

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Marijuana Legalization Favored in US, Canada

by Phillip Smith, November 29, 2012, 04:14pm, (Issue #762)

A new Angus-Reid Public Opinion poll has majorities favoring marijuana legalization in both Canada and the US. According to the poll, 57% of Canadians and 54% of Americans are ready to free the weed.

In Canada, support for legalization was strongest in the Atlantic provinces (64%) and British Columbia (60%), while in something of a surprise, in the US, support was strongest in the Northeast (61%), followed by the West (56%). The US West has traditionally had the highest levels of support for legalization.

In both countries there was majority support for marijuana legalization in every region. The provinces or regions with the lowest level of support for legalization were Alberta (50%) in Canada, and the US Midwest (50%) and South (51%).

In Canada, men (64%) are more likely than women (50%) to call for the legalization of cannabis, while there was no wide gender gap in the United States (55% male, 53% female). The bulk of support for legal marijuana comes from respondents aged 18-to-34 in the United States (65%) and those aged 35-to-54 in Canada (61%).

Two-thirds (66%) of both Canadians and Americans believe marijuana will be legal within 10 years.

While two-thirds (65%) of Americans say their country has a serious drug abuse problem, only 43% of Canadians agree. Still, in both countries, two-thirds (68% in Canada and 66% in the US) describe the war on drugs as a failure.

While both Canadians and Americans agree that the drug war is a failure, they remain unwilling to contemplate the legalization of drugs other than marijuana. Support for legalizing cocaine, ecstasy, heroin, or methamphetamine didn't rise above 11% for any of those drugs in either country.

The poll was an online survey of 1,005 Canadians and 1,002 Americans conducted November 19 and 20. The results were weighted to ensure a representative sample of the two country's adult populations. The margin of error is +/- 3.1%.

Two US states, Colorado and Washington, voted to legalize marijuana in November. Legislators in at least four more plan to offer up legalization bills next year, while activists in Montana are working toward putting a legalization initiative on the 2014 ballot.

Outrage at Potential Sentence for Montana Medical Marijuana Grower [FEATURE]

by Phillip Smith, November 28, 2012, 06:43pm, (Issue #761)

Chris Williams is sitting in a private federal prison on the Montana prairie these days awaiting sentencing. If the federal government has its way, he won't be a free man again for three-quarters of a century, an effective life sentence for a middle-aged man like Williams.

Medical marijuana provider Chris Williams in happier days (facebook.com)

So, what did he do that merits such a harsh sentence? Did he murder someone? Did he rape, pillage, and plunder? No. He grew medical marijuana. And, as is not uncommon in Montana, he had guns around as he did so. Standing on firm conviction, he steadfastly refused repeated plea bargain offers from federal prosecutors, which could have seen him serving "only" 10 years or so.

Williams is one of the more than two dozen Montana medical marijuana providers caught up in the federal dragnet after mass raids in March 2011 savaged the state's medical marijuana community, including Montana Cannabis, one of the state's largest providers, where he was a partner. A true believer in the cause, Williams is the only one of those indicted after the federal raids to not cop a plea, and he was convicted on eight federal marijuana and weapons charges in September after being blocked from mentioning the state's medical marijuana laws during his trial.

It is the gun charges that are adding decades to his sentences. As is the case in drug raids where police come up against armed homeowners, or as was the case of Salt Lake City rap record label owner and pot dealer Weldon Angelos ended up with a 55-year sentence because he sometimes packed a pistol, the Williams case is one where the rights granted under the 2nd Amendment clash with the imperatives of the drug war.

Williams was not convicted of using his firearms or even of brandishing them, but merely of having legal shotguns present at the medical marijuana grow, which was legal under Montana law. Still, that's enough for the gun sentencing enhancements to kick in, and that's enough to cause a rising clamor of support for Williams as he faces a January sentencing date.

"The sentence shocks the conscience," said Chris Lindsey, a former business partner of Williams who is awaiting sentencing after pleading guilty to a federal marijuana conspiracy charge. "Look at (former Penn State assistant football coach) Jerry Sandusky. For 45 counts of child sexual abuse, he gets 30 years. Chris Williams is going to get three times that for being a medical marijuana provider. It doesn't make any logical sense," he told the Missoulian.

Williams supporters have created a Free Chris Williams Facebook page and are petitioning the White House through its We the People online petition program for a full pardon for him. The White House responds to petitions that achieve over 25,000 signatures; the Williams petition has managed to generate slightly more than 20,000 signatures in less than two weeks. Other petitions seeking clemency for Williams are at SignOn.org and Care2.com.

Williams and his supporters are not just relying on the kindness of the White House. He is appealing his criminal conviction to the 9th US Circuit Court of Appeals, and he is the lead plaintiff in a lawsuit that claims he and other medical marijuana providers were in compliance with Montana state law and the federal raid and subsequent prosecutions were an unconstitutional usurpation of state and local powers under the 10th Amendment. That amendment says powers not granted to the federal government by the Constitution and not prohibited by the states are reserved to the states or the people.

But legal experts said his chances for victory in the civil lawsuit were small, and he would still be saddled with the federal criminal conviction.

"The war on drugs is too sacrosanct a sacred cow for the courts to weigh in favor," said California marijuana attorney Robert Raich, who has argued and lost two marijuana cases at the Supreme Court. "I think we can make better progress by doing something other than filing lawsuits," he said in an interview with the Helena Independent Record.

Still, Raich said he sympathized with Williams' plight and added that the federal attack on Montana providers was among its harshest.

"Montana is the worst," he said. "The federal government has attacked medical cannabis with a vengeance in Montana more than any other state."

Williams' attorney in the civil suit, Paul Livingston, said he would press forward with the appeal even if his client is behind bars.

"He has been made a martyr," said attorney Livingston. "It's a very solid case, it is a case that needs to be decided and I think everyone would agree once they learn the facts of what happened," Livingston said.

Ironically, as Williams languishes behind bars contemplating spending the rest of his life in prison, Montana could become the next state to legalize marijuana. Medical marijuana activists there, frustrated by the legislature's gutting of their program last year and their inability to get that overturned this year, have filed papers to put a legalization initiative on the ballot in 2014. Even that wouldn't directly help Williams, but it would serve to further underline the senselessness of his sentence.

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