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ASA's Medical Marijuana in the News: 1/11/08

Submitted by dguard on

COLORADO: Another Return of Medical Marijuana

Another case of wrongfully seized medical cannabis has come to a happy close in Colorado, as a former Marine had his medicine returned by police. The return is thanks largely to landmark litigation brought in part by Brian Vicente, director of the Colorado Campaign for Safe Access, a joint project of Sensible Colorado and ASA. Even the Washington Post is taking note.

Aurora Police Return Marijuana To Former Marine
by Rick Sallinger, CBS 4 Denver
Police in Aurora have given back dozens of marijuana plants they seized. The owner claimed the pot was being used for medicinal purposes and he had a state issued card to back it up.

Medical Marijuana Payback Burns Colorado Police
by Emil Steiner, Washington Post
Policing pot in Colorado is about to get a lot more complicated. The kick-in-the-door raids SWAT teams have long employed could now cost cities hundreds of thousands of dollars following two landmark court decisions upholding the state's constitutional protection of medical marijuana. Under the rulings, police departments are required to return any marijuana and paraphernalia taken from state-sanctioned growers, and can be sued by those growers if the crops aren't preserved.

CANADA: Caregiver Limits Found Unconstitutional

A federal court in Canada has again found that country's policies on restricting access to medical cannabis to be unconstitutional, saying the current approach has "caused individuals a major difficulty with access." In this case, the issue is the number of patients for which a person may provide cannabis, which had been limited to a single patient per grower, and the government's requirement that those who cannot grow their own use the cannabis provided by the government's contractor. The court's decision opens up the possibility of a more efficient dispensary model, such as California's.

Federal Court strikes down regulation limiting growers of medical marijuana
Canadian Press
Canadians who are prescribed marijuana to treat their illnesses will no longer be forced to rely on the federal government as a supplier following a Federal Court ruling that struck down a key restriction in Ottawa's controversial medical marijuana program.

Canada court rejects supply limit on medical pot
Canadian Press
A Federal Court judge has struck down a government regulation that prevents medical marijuana growers from producing the drug for more than one patient.

IMPLEMENTATION: Cultivation Quantities Disputed

The number of plants patients are legally entitled to grow has been a source of contention in California since medical use was approved by the voters. Californians had the wisdom to recognize that the amounts patients would require could vary considerably, so they did not try to mandate medication amounts. Since then, law enforcement, courts, local officials and even municipal referenda have tried to establish limits, but the law is clear in its silence on the subject, and cannot be changed except by another statewide initiative. What the legislature and local entities can do, is provide guidance on the levels at which law enforcement can decline to investigate further or refer matters to the courts for decision.

Medical pot users arrested
by Stacia Glenn, San Bernardino Sun (CA)
JoAnn Cates, who has 16 great-grandchildren, seems an unlikely candidate to be handcuffed and hauled off to jail for growing a marijuana crop in her backyard.

Pro-pot measure returns to ballot
Press-Democrat (CA)
A landmark 2000 Mendocino County marijuana measure will be back before voters in the June primary, a move taken Tuesday by the Board of Supervisors after a contentious three-hour public hearing.

WASHINGTON: Workers’ Rights Again in Question

Medical cannabis patients continue to face persecution in the workforce for using the medication their doctors’ recommend, even away from the workplace and on their won time. Because the metabolites of cannabis are detectable for upwards of two weeks after use, standard drug tests mandated by many employers will show positive for even those qualified to use cannabis who do so only on their own time. While concerns about operating dangerous machinery may be worth considering, a similar standard should be applied to that which regulates those employees who are prescribed painkillers or other drugs with demonstrably greater effects on motor skills and judgment than cannabis.

Off-job pot use up for debate
by Associated Press, Seattle Times (WA)
A construction-industry group wants companies to have the legal right to bar users of medical marijuana from working in potentially hazardous jobs such as operating heavy machinery.

DISPENSARIES: Local Officials Challenged to Meet Need

Many patients rely on collectives for their medical cannabis because dispensaries typically provide not just a more efficient means of access but also support networks for the most seriously ill. Local officials that have implemented sound regulatory ordinances have found that they can both ensure patient needs are met and community concerns are addressed, as ASA’s statewide study shows. It can be downloaded at: www.AmericansForSafeAccess.org/DispensaryReport.

A medical marijuana dispensary could soon be opening in Templeton
KSBY - NBC TV 6 (San Luis Obispo)
The San Luis Obispo County Planning Commission approved a permit request to open a facility to provide cannabis to patients with a prescription. The facility will provide counseling and educational services to patients when they receive the marijuana.

Medicinal pot supplier turns to court to stay in business
by Cathy Locke, Sacramento Bee (CA)
A medical marijuana advocate told El Dorado County officials that he will seek a court's permission to continue operating a dispensary for medical marijuana patients.

Tulare County looks to halt establishment of medical marijuana dispensaries
Visalia Times-Delta (CA)
A measure to temporarily stop the establishment of any new medical marijuana dispensaries in the unincorporated areas of Tulare County could be passed at Tuesday’s board of supervisors meeting.

City to consider ban of medical marijuana dispensaries
by Julian J. Ramos, Lompoc Record (CA)
Medical marijuana dispensaries in Buellton could be prohibited under an ordinance scheduled for a public hearing and introduction at tonight's City Council meeting.

Perris passes emergency ordinance to ban pot dispensaries
by Julissa McKinnon, Press Enterprise (CA)
The Perris City Council took the first step Tuesday night to quash any medical marijuana dispensaries that might be budding in town.

IN MEMORIAM: Patient Advocate Passes

A Michigan woman who became an outspoken advocate for medical cannabis after a son’s experience with cancer, died last week. Mae Nutt saw how cannabis helped her son fight the ravages of the disease and became a crusader for all patients as a result, speaking to the media and traveling to Washington, D.C. to testify before the DEA in the 1988 rescheduling hearings. Those hearings concluded with Administrative Law Judge Francis Young ruling that it would be “arbitrary and capricious” for the DEA not to make cannabis immediately available by prescription, as scientific testimony had demonstrated that it is “one of the safest therapeutically active substances known to man.” The DEA refused to implement the judge’s ruling.

Woman who fought to legalize medical marijuana dies
by Tom Gilchrist, Bay City Times (MI)
Long before Mae Nutt was ''Grandma Marijuana,'' Mary Offenbecker simply knew her as a loving mother. Nutt, 86, a former Gladwin County resident who gained fame fighting to legalize marijuana for medical use, died Jan. 1 in California.

Longtime medical marijuana advocate dies at 86
by Tony Lascari, Midland Daily News (MI)
A longtime Beaverton resident who pushed for legalizing medical marijuana use has died.

ASA BLOG: Comments from ASA Staff and Guests

ASA's blog is helping keep activists informed on the issues and events affecting medical marijuana patients and providers.

2007: ASA’s Year in Review
by Rebecca Saltzman
In the January edition of ASA’s monthly newsletter, we review much of what we accomplished in 2007.

California Weekly Round Up
by Sonnet Seeborg Gabbard
California State Senator Carole Migden Takes a Stand for Safe Access; San Luis Obispo County Approves the Opening of the First Dispensing Collective; Mendocino Supervisors Vote to Limit Patients’ Access and Revisit Measure G; El Dorado County Denies Dispensing Collective Permit

MORE ABOUT AMERICANS FOR SAFE ACCESS

Find out about ASA at AmericansForSafeAccess.org. More medical marijuana news summaries can be seen at AmericansForSafeAccess.org/News.

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