Congress

The national battle over medical marijuana is heating up, Connecticut is about to become the 17th medical marijuana state, and state and local battles continue. And so do the DEA raids. Busy, busy, busy. Let's get to it:

National

Last Wednesday, House Minority Leader Nancy Pelosi criticized the federal crackdown on medical marijuana. Listening to her home town constituents, the San Francisco representative called on the administration to back off from the raids and prosecutions. In doing so, she joined the San Francisco and Alameda County Democratic Party organizations, and various state and local elected officials.

Last Saturday, 34 groups opposing medical marijuana sent a letter to President Obama urging him to "continue to enforce federal drug laws in states that allow 'medical marijuana.'" The effort was organized by the Community Anti-Drug Coalitions of America and the signees were mostly law enforcement, treatment industry, and community anti-drug groups.

This week, drug reform and medical marijuana advocacy groups mobilized in support of an amendment to the Justice Department appropriations bill that would cut funding for the agency's offensive against medical marijuana. The amendment failed on a voice vote Wednesday night.

California

Last Tuesday, the Milpitas city council voted to reaffirm its ban on dispensaries. City leaders had been considering allowing them in order to create tax revenues, but decided to hold off pending clarification of state laws by the Supreme Court.

Also last Tuesday, Yuba County adopted a medical marijuana nuisance ordinance on a 4-1 vote by the board of supervisors. The ordinance creates limits on how big a space people with valid medical marijuana cards could use to grow plants, depending on the size of the parcel. Earlier, there were loud objections about the 100 square foot limit on grows on parcels of less than an acre. Growers are threatening a lawsuit.

Last Wednesday, the DEA raided a Santa Barbara dispensary. The raiders hit Pacific Coast Collective, but no arrests were made. A sign posted on the door that same day read: "Due to a raid by the federal government, we will be closed until further notice. We are sorry for any inconvenience this has caused."

Also last Wednesday, the LAPD raided an Eagle Rock dispensary. The American Eagle Collective was hit and police on the scene said it would be permanently shut down. The collective is one of more than two dozen that are being sued by the city of Los Angeles for allegedly violating city zoning laws. Two other Eagle Rock dispensaries have been sued for operating within 600 feet of a school. The city plans to seek a preliminary injunction against American Eagle on May 31.

Last Thursday, the DEA and local police hit a medical marijuana grow in Santa Barbara. It was part of a declared war on dispensaries in the county by federal prosecutors. "All known marijuana stores in Santa Barbara County are now the subject of federal enforcement actions," according to a statement from the US Attorney's Office. The feds also filed three asset forfeiture lawsuits, two against dispensaries and one against the grow up.

Last Friday, the DEA raided a Glendora dispensary. The raiders hit the Glendora Healing Clinic and arrested two customers on outstanding warrants. Agents seized money and marijuana, but did not arrest the operators. The dispensary had only been open a few weeks.

Also last Friday, Vallejo police raided their fifth dispensary since February. They hit Nature's Love and arrested at least one person. The identity of the man taken into custody Friday, and if anything was seized from the dispensary was not immediately known.

On Tuesday, protestors picketed the Garden Grove city council over the city's recent talks with federal authorities about helping them crack down on dispensaries. They also gave council members an earful once the meeting got underway.

Also on Tuesday, Tulare County amended its code enforcement measures for medical grows. Now, for the first time, the county can use administrative code enforcement proceedings that could lead to a series of penalties that include $100-a-day fines for each violation of the county's medical marijuana ordinance.The ordinance specifies where medical marijuana can be grown and distributed, along with other requirements, which include requiring the plants be grown in enclosed buildings with security.

Also on Tuesday, the Palm Springs city council approved a fourth dispensary. Three permitted dispensaries already operate in the city, as do at least a half dozen unlicensed ones, clustered in an area known as "Little Amsterdam."

Also on Tuesday, Nevada County approved marijuana cultivation ordinances on a 4-1 vote of the board of supervisors. The ordinances limit cultivation to 100 square feet in parcels smaller than two acres, 300 square feet in parcels smaller than five acres, 400 square feet in parcels less than 10 acres, and 600 square feet in parcels smaller than 20 acres. Unhappy residents shouted that supervisors should be voted out, and growers are threatening a lawsuit over the restrictions.

Also on Tuesday, the Vallejo city council retreated from plans to regulate dispensaries. They cited uncertainty under state law and fears of federal prosecution if they regulate. Residents accused the council of cowardice, but the council was not swayed. 

Also on Tuesday, Lake County came out against a June ballot measure that would give "right to farm" privileges to medical marijuana growers. The board of supervisors voted to oppose Measure D, which would also allow medical pot growers to cultivate up to 12 mature plants in residential backyards of less than a half acre outside of city limits in Lake County. More plants could be grown on larger parcels, with a maximum of 84 plants allowed on properties that are seven acres or more. The ballot measure is opposed by county and police officials, the local Sierra Club, the Chamber of Commerce and state and local farm bureaus. Opponents say it will lower property values and increase pot-related crime.

Colorado

On Monday, a Denver attorney reported she had lost her liability insurance because part of her practice involves representing medical-marijuana businesses. Ann Toney's insurance company, Hanover Insurance Group, explained that her practice "does not meet current underwriting guidelines because of the following risk factors: Area of practice involving medical marijuana." This is believed to be the first time in the nation an attorney has lost her insurance because of doing medical marijuana-related work.

Also on Monday, 25 more dispensaries were ordered to close by federal prosecutors. All of the targeted dispensaries are within 1,000 feet of schools, which does not violate Colorado law, but which federal prosecutors are using as an arbitrary benchmark for targeting them.

On Wednesday, the state legislature adjourned without passing a drugged driving bill that would have criminalized drivers solely on the basis of having five nanograms or more of THC per milliliter of blood in their systems. The bill had passed the Senate, but didn't get a floor vote in the House.

Connecticut

Last Saturday, the state Senate approved a medical marijuana bill. The measure had already passed the House, and Gov. Dan Malloy (D) has already said he will sign it. Connecticut will become the 17th medical marijuana state.

Iowa

On Sunday, news came that three out of four state Democratic district platforms support medical marijuana.

Michigan

Last Thursday, the House passed a package of four medical marijuana bills that advocates don't think very much of. The Marijuana Policy Project said it is "opposed to the package because of concerns that the bills would compromise patients’ privacy and subject medical marijuana to more onerous restrictions than those that apply to more dangerous prescribed narcotics." It is urging supporters to voice their objections to House bills 4834, 4851, and 4856.

Montana

On Monday, advocates suing to repeal Montana's restrictive medical marijuana law said they need more donations to continue. The Montana Cannabis Industry Association said the case has cost about $150,000 and it needs another $100,000 to take the case to the state Supreme Court.

Also on Monday, the number of medical marijuana patients had dropped below 11,000, continuing a steep decline since the number of card-holders peaked at more than 31,000 at the end of last May. The number of providers has also declined by more than 90%, to slightly more than 400. This in the wake of a federal crackdown and the state legislature passing very restrictive legislation.

Rhode Island

On Wednesday, the state Senate approved a compromise dispensary bill. It would restrict dispensaries to 1,500 ounces of usable marijuana at one time and limit cultivation to 150 plants. Patients and caregivers would be able to sell their excess to the dispensaries. The bill now must be approved by the House. Dispensaries had been stalled after Gov. Lincoln Chafee (I) quailed in the face of federal threats; this compromise legislation should assuage his worries.

Wisconsin

Late last month, the Wisconsin Medical Society voted to adopt a new position on medical marijuana. It calls for further controlled studies on medical marijuana and a review of the plant's Schedule I status.

US House Minority Leader Nancy Pelosi (D-San Francisco) issued a statement last Wednesday condemning the federal campaign against medical marijuana businesses operating in compliance with state law. The prominent Democrat's statement is a clear shot across the bow for President Obama and his Justice Department, which is leading the charge against dispensaries and associated medical marijuana enterprises.

"I have strong concerns about the recent actions by the federal government that threaten the safe access of medicinal marijuana to alleviate the suffering of patients in California, and undermine a policy that has been in place under which the federal government did not pursue individuals whose actions complied with state laws providing for medicinal marijuana," Pelosi said.

The House Minority Leader said access to medical marijuana is "both a medical and a states' rights issue" and that it has "proven medical uses," including alleviating the suffering of AIDS patients.

"I have long supported efforts in Congress to advocate federal policies that recognize the scientific evidence and clinical research demonstrating the medical benefits of medicinal marijuana, that respect the wishes of the states in providing relief to ill individuals, and that prevent the federal government from acting to harm the safe access of medicinal marijuana provided under state law," Pelosi said. "I will continue to strongly support those efforts."

Pelosi's statement came the same day that the Alameda County (Oakland) Democratic Party unanimously adopted a resolution "decrying the federal raids on dispensaries and calling for the US Department of Justice to refrain from future expenditure of public resources on any act that contradicts the will of the California voters regarding medical marijuana" and just days after the San Francisco Democratic Party passed a similar resolution.

The Bay Area Democrats are responding to a coordinated crackdown on the medical marijuana industry by federal prosecutors in the state that began last fall and has led to the forced closing of dozens of California dispensaries and related businesses, including such well-respected institutions as the Marin Alliance for Medical Marijuana and the Berkeley Patients Group, as well as last month's raid that crippled Oaksterdam University.

The toll includes five dispensaries in San Francisco itself. Another four San Francisco dispensaries or their landlords have received similar threatening letters from US Attorney for Northern California Melinda Haag.

The politicians are being prodded by San Francisco United for Safe Access, an ad hoc group of patients, patient advocates, dispensaries, and other stakeholders led by Americans for Safe Access (ASA). The coalition was formed to mobilize political opposition to the Obama administration's crackdown.

"We applaud Pelosi's leadership in urging President Obama to address medical marijuana as a public health issue," said ASA Executive Director Steph Sherer. "Rather than defending a policy of intolerance, President Obama should end his unnecessary and harmful attacks once and for all."

There have been more than 200 SWAT-style raids on dispensaries, growers, and associated businesses since Obama took office in January 2009. Most of them have taken place since the administration unleashed its offensive in March 2011 with a series of DEA raids in Montana that decimated that state's until-then booming medical marijuana industry.

In a historic meeting in Antigua, Guatemala, Saturday, three Central American heads of state attended a regional summit to discuss alternatives to the current drug prohibition regime, which has left their countries wracked by violence. No consensus was reached and three other regional leaders failed to attend, but for the first time, regional heads of state have met explicitly to discuss ending the war on drugs as we know it.

"We have realized that the strategy in the fight against drug trafficking in the past 40 years has failed. We have to look for new alternatives," said the host, Guatemalan President Oscar Pérez Molina, a former army general who first called for such a meeting last month, shortly after taking office. "We must end the myths, the taboos, and tell people you have to discuss it, debate it."

According to the Associated Press, Pérez Molina said that drug use, production, and sales should be legalized and regulated. He suggested that the region jointly regulate the drug trade, perhaps by establishing transit corridors through which regulated drug shipments could pass.

Also in attendance were Costa Rican President Laura Chinchilla and Panamanian President Ricardo Martinelli. Former Colombian President Cesar Gaviria, a harsh critic of US-style drug policies and a member of the Global Commission on Drug Policy was an invited guest and addressed the summit. Outside of Central America, Colombian President Juan Manuel Santos and Mexican President Felipe Calderon have expressed support for the meeting.

Not attending were Salvadoran President Mauricio Funes, Honduran President Porfirio Lobo, and Nicaraguan President Daniel Ortega. While Funes initially expressed support for the summit, he has since backed away. Lobo and Ortega have opposed the idea from the beginning. Funes and Ortega did send lower ranking members of the governments to the meeting, and the Salvadoran delegation called for a future meeting on the subject, saying it remained a topic of great interest and import in the region.

Some leaders are pushing for a discussion on alternatives to the drug war to be on the agenda at next month's Organization of American States (OAS) summit in Cartagena, Colombia, where President Santos has also been signaling an openness to debate on the issue. US President Barack Obama is expected to attend that summit, setting the stage for a particularly sticky diplomatic dance, given US opposition to changes in regional drug policies.

But US-backed drug policies have in recent years brought a wave of violence to the region, which is used as a springboard for Colombian cocaine headed north to the US and Canada, either direct or via Mexico. Mexican drug cartels have expanded their operations in Central America in the past few year, perhaps in response to the pressures they face at home.

High levels of poverty and the strong presence of criminal gangs, particularly in El Salvador and Honduras, have combined with the cartel presence to make the region one of the world's deadliest. El Salvador, Guatemala, and Honduras, along with Jamaica, have the world's highest murder rates.

In its most recent annual report, the UN Office on Drugs and Crime (UNODC) said violence linked to the drug wars has reached "alarming and unprecedented" levels in the region. It also noted that El Salvador, Guatemala, and Honduras, along with Jamaica, have the world's highest murder rates.

"How much have we paid here in Central America in deaths, kidnappings, extortion?" asked Chinchilla. "Central America has to ask whether it is time that we raise this issue at the Security Council of United Nations."

Pérez Molina suggested that, barring legalization and a regulated drug trade, consumer countries should be taxed for the drugs seized in the region on their behalf.

"For every kilo of cocaine that is seized, we want to be compensated 50% by the consumer countries, he said, adding that the United States has a "responsibility" because of its high rates of drug use.

While Saturday's summit produced no common platform or manifesto, it is an important step in the fight for a more sensible, effective, and humane response to drug use and the regional drug trade. Leading US drug reformer Ethan Nadelmann, head of the Drug Policy Alliance lauded its occurrence as "significant" and "remarkable."

"The rapid evolution of this debate is nothing short of remarkable," he said. "It has progressed in just a few years from the advocacy of activists and intellectuals, to distinguished former presidents, and now to current presidents demanding that all options, including decriminalization and legalization, be seriously evaluated and debated," he noted.

"The significance of this meeting cannot be overestimated, notwithstanding the fact that no one expects a consensus to emerge from this meeting on alternative drug policies," Nadelmann continued. "Virtually no one would have predicted" that such a meeting could take place "with the support of presidents in Mexico and Colombia, to discuss drug policy options including decriminalization and legalization. What was once taboo is no longer. The discussion will continue next month at the Summit of the Americas -- in Cartagena, Colombia -- with President Barack Obama and virtually all other heads of state from the region in attendance. At this point it is no longer possible to put this genie back in the bottle."

But that doesn't mean the US won't try, Nadelmann said.

"Unfortunately the biggest obstacle right now to informed debate is the head-in-the-sand resistance within the Obama administration and Congress to any real discussion of alternative drug policy options" because of fears of attack by political foes. "One result is that US government officials will be increasingly handicapped in the international drug policy discussions at Cartagena and elsewhere, armed only with defenses of failed US policies but bereft of any in-depth analysis of the options that other governments are putting on the table."

From California to the nation's capital, medical marijuana keeps making news. Here's the good, the bad, and the ugly:

Arizona

Data from the Department of Health Services show that more than 22,200 Arizonans have received permission to use medical marijuana. People aged 31-50 make up 40% of medical marijuana users, those aged 51-81 account for 35%, and those aged 18-39 account for 25%. Nearly three-quarters are men, and the overwhelming majority of patients reported chronic pain as their medical condition, while muscle spasms were also high on the list, health officials reported. Other ailments include hepatitis C, cancer and seizures.

California

Last Wednesday, the city of Redding failed in its effort to force local dispensaries to close. A Shasta County Superior Court judge denied the city's request for a preliminary injunction that would have compelled their closure, saying that the city can't ban dispensaries simply by declaring them a nuisance. The judge relied heavily on a 4th District Court of Appeal decision in which the court struck down the city of Lake Forest's effort to ban dispensaries. That left Redding leaders scratching their heads the next day.

Also last Wednesday, the city of Oakland approved four new potential dispensaries. Only one of the four already has an approved location.The other three will be given four months to find a new location that satisfies city rules requiring dispensaries be located at least 600 feet from schools, parks and youth-serving programs. The city also approved one alternate dispensary group. Whether any of them actually open for business remains to be seen, given the ongoing federal crackdown in the state.

Also last Wednesday, the San Jose Cannabis Buyer's Collective announced that its challenge against its closure by the city of San Jose was revived by the Sixth District Court of Appeal, which ruled that a Santa Clara Superior Court judge erred in denying their petition for writ of mandate on the ground they failed to exhaust administrative remedies.

Last Thursday, the Berkeley Patients Group announced it would move from its current location but relocate elsewhere in Berkeley. The announcement came amid rumors the venerable and well-loved dispensary would close its doors after its landlord received a threat letter from the office of US Attorney for Northern California Melinda Haag.

Last Thursday, DEA agents raided a dispensary in Murrieta in Riverside County. They were accompanied by Murrieta Police as they hit the Greenhouse Cannabis Club and seized three pounds of marijuana, various edibles, and 18 clones. Two volunteers who were present during the raid said at least a dozen federal agents and local police officers stormed into the nondescript Jefferson Avenue storefront with their rifles drawn. According to the 36-page affidavit filed with the court in support of the search warrants, an undercover federal agent in February was able to purchase a gram of medical marijuana for $20 at the club after presenting a medical marijuana card. Agents also received statements from card-holding patients that they had purchased medical marijuana at the club.

Also last Thursday, US Attorney for Northern California Melinda Haag did a wide-ranging interview with KQED. Among other things, she signaled a continuing crackdown on dispensaries near schools, playgrounds, or other places where children assemble.

On Tuesday, the city of San Francisco proposed banning hashish, edibles, and tinctures from city dispensaries. In a memo to dispensaries titled "Medical Cannabis Edibles Advisory," the Department of Public Health recommended that dispensaries "do not produce or dispense syrups, capsules, or other extracts that either required [sic] concentrating cannabis active ingredients or that requires a chemical production process." The city says it isn't a ban because there is no provision for enforcement, but dispensaries that want to play by the rules will have to abide. But on Wednesday, the city announced it had reversed its decision.

Also on Tuesday, word leaked out that San Francisco DA George Gascon's office has issued a memo saying all medical marijuana sales in the city are illegal. That would be a shocking policy change from Gascon's predecessors, Terence Hallinan and Kamala Harris, if it actually is a policy change. But there is some uncertainty about whether this marks a real shift or merely the use of boilerplate language by underlings. Stay tuned.

Also on Tuesday, a new medical marijuana initiative was approved for signature-gathering. Secretary of State Sandra Bowen's office announced that the Medical Marijuana Patient Associations initiative had been approved. It would allow patients to form associations to cultivate, process, and distribute medical marijuana and ensure that "neither the state nor any local government may prohibit operation of a medical marijuana patient association, including a storefront, unless a court finds it is an actual nuisance." Proponents have until August 16 to gather 504,000 valid voter signatures.

Colorado

Last Thursday, Denver's 9 News reported that US Attorney John Walsh plans to demand that more dispensaries shut down because they are operating within 1,000 feet of a school. A spokesman declined to say how many more threat letters will go out, but said they will be sent "soon." An earlier round of threat letters to dispensaries and their landlords resulted in 22 closing their doors or relocating. The 1,000-foot rule is based on a federal criminal sentencing enhancement, not the state's medical marijuana law.

On Tuesday, an attorney for six Fort Collins dispensaries forced to close after a voter-approved ban said their lawsuit against the city is likely to be withdrawn. Attorney Brett Barney said the case is "on hold" and that dispensary owners may not want to throw good money after bad. "I advised my clients we were not going to get justice from this court," Barney said. A district court judge had earlier denied a temporary restraining, ruling that the dispensaries had not demonstrated their constitutional rights were violated or that they would suffer irreparable harm.

Also on Tuesday, US Attorney John Walsh sent a letter to Boulder County District Attorney Stan Garnett responding to Garnett's letter last week highly critical of federal interference in the operation of the state's medical marijuana law. In response, Walsh wrote that enforcing federal law to keep medical marijuana dispensaries away from schools is a "core responsibility" of federal prosecutors, and will continue.

Maryland

The battle over medical marijuana bills in the legislature continues. On Monday, Eric Sterling of the Criminal Justice Policy Foundation weighed in with a Baltimore Sun op-ed criticizing Gov. Martin O'Malley (D) for saying he would veto any medical marijuana bills because he is worried about state officials being treated like drug traffickers by the feds. Federal prosecutors don't have that power, Sterling argued, nor do federal drug laws prevent states from passing their own laws on medical marijuana or other drugs.

Also on Monday, patients flooded Annapolis in an effort to get lawmakers to act on pending medical marijuana bills. Delegates are working on amendments designed to assuage the fears of the governor and state officials.

Michigan

On Tuesday, a bill that would remove glaucoma from the list of approved conditions for medical marijuana passed the Senate Judiciary Committee on a 3-0 vote. The bill was supported by several doctors and medical associations. The committee heard one University of Michigan ophthalmologist testify that while using marijuana might relieve pressure on the optic nerve for several hours, a person would have to smoke "3,000 marijuana cigarettes" to ease the condition around the clock. Patients objected, to no avail. Only about 500 of the state's 130,000 medical marijuana patients use it for glaucoma.

Montana

Last Tuesday, four dispensary operators pleaded guilty to federal drug charges that were filed after March 2011 DEA raids across the state. Aaron Durbing, 29, and Justin Maddock, 40, pleaded guilty to conspiracy to manufacture marijuana for their operation at Good Medicine Providers in Columbia Falls. Mark Siegler, 60, and Valerie Siegler, 38, pleaded guilty to  conspiracy to manufacture, distribute, and possess marijuana for operating Big Sky Patient Care in Dillon, Big Sky, and Bozeman. Since the raids a year ago, the number of registered patients in the state has declined by more than half and the number the of registered providers has declined by more than 90%.

New Hampshire

On Monday, the Marijuana Policy Project announced a statewide radio ad campaign calling on residents to urge their state senators to support SB 409, which would allow doctors to recommend marijuana to qualified patients suffering from cancer, AIDS, multiple sclerosis, and other debilitating illnesses. The ad features a former Tuftonboro selectman, Ted Wright, whose wife Cindy found relief from the nausea caused by her life-saving breast cancer treatments by using marijuana. Medical marijuana legislation passed the New Hampshire House of Representatives in a 221-96 vote last year. SB 409 could receive a vote in the New Hampshire Senate as soon as next week.

Tennessee

A medical marijuana bill, House Bill 294, was set to get a hearing in the House Health and Human Resources Committee, possibly as early as mid-week this week. If it hasn't happened by the time you read this, it will soon.

Washington

Last Thursday, Bellingham police raided three medical marijuana dispensaries and arrested their employees. Those hit were the Northern Cross Collective, The Joint Cooperative, and the KGB Collective. All three collectives had been hit with cease and desist orders a week earlier after they continued to operate without business permits. The city had begun revoking or denying permits to medical marijuana businesses in late 2011. The city maintains that their sale of marijuana violates state law. The collectives had been preparing to seek a temporary injunction, but the raids came the day before.

Washington, DC

On Tuesday, the DC City Council voted to impose new limits on the city's medical marijuana program. They approved a proposal to ban cultivation centers from opening in "retail priority areas" flagged for development in selected pockets of land across the city. The city Department of Health is set to award 10 cultivation center permits by the end of this month and five dispensary permits by June 8. It's only been more than 13 years since voters approved medical marijuana in the District, and two years since Congress removed its bar blocking the District from proceeding.