Medical Marijuana Update

Lots of action in California this past week, including more raids and more threat letters, plus action in various state legislatures and elsewhere. Let's get to it:

Last Wednesday, local law enforcement raided three San Bernardino dispensaries. City Attorney's office officials, and police, fire, and code enforcement officers served search warrants and issued demands that they cease and desist from allegedly unlawful activities. The dispensaries hit were Trio Holistic Center, Berdo Medical Center, and THC First Time Patients. San Bernardino authorities banned dispensaries last year. In February, they raided three other dispensaries.

Last Tuesday, the Vallejo city council approved a 45-day moratorium on new dispensary applications. A number of dispensaries already operate in Vallejo without the city's permission, although voters last year approved a 10% tax on their sales. The city quit accepting business license tax applications for dispensaries in January. City officials said they need time to sort out the confusion. Now, the city must move forward to either regulate or ban dispensaries, although the moratorium could be extended another two years.

On Wednesday, Vallejo police returned marijuana to two dispensaries raided last year. Nearly 60 pounds of medical marijuana and hundreds of dead plants were returned to Better Health Group and the LES collective. Police gave the property back after a judge dismissed the criminal cases against the two dispensaries. Police last year raided numerous Vallejo dispensaries, but have lost every criminal case they have brought, and prosecutors have dropped the charges in others.

On Tuesday, a medical marijuana regulation bill passed the Senate Public Safety Committee. Senate Bill 439 is described by its sponsor, Sen. Steinberg, as a placeholder, "a vehicle to engage stakeholders" in the process of legislating statewide regulations. Steinberg said he is in close contact with Assemblyman Tom Ammiano, who has introduced companion legislation, Assembly Bill 473, and that it could take one to two years to complete the process.

Also on Tuesday, the Senate Public Safety Committee refused to pass a drugged driving bill that could impact medical marijuana patients. The bill, Senate Bill 289, would create a zero-tolerance drugged driving offense, but the committee was skeptical. It did, however, leave the door open for the bill to be amended.

Also on Tuesday, word emerged that federal prosecutors have sent out more dispensary threat letters. They were issued by the office of US Attorney for the Northern District of California Melinda Haag and target the landlords of dispensaries in San Jose, San Francisco, and Ukiah. The letters warn landlords that the facilities are operating too close to a school or park. In addition, the letters warn landlords that they are liable for forfeiture under USC Title 21, Section 881(a) 7. Unlike some previous letters, they do not threaten immediate prosecution or set a deadline for compliance.

Colorado

Last Thursday, the Colorado Court of Appeals ruled that employers can fire medical marijuana users who fail a drug test. The ruling came in the case of a quadriplegic telephone operator for the Dish Network, who was fired after failing a drug test. He argued that he shouldn't have been fired because his actions were legal under state law, but the court held that because marijuana remains illegal under federal law, the state law he cited did not apply.

Hawaii

On Wednesday, two medical marijuana bills were approved by the state legislature. House Bill 668 transfers control of the medical marijuana program from the Department of Public Safety to the Department of Public Health, while Senate Bill 642 increases the amount of medicine a patient can possess from three to four ounces and allows patients to have up to seven plants, but also amends the law so that only a patient's primary care physician can recommend marijuana.

Idaho

On Monday, Idaho medical marijuana activists fought back after authorities seized their children. The children were taken from a Boise couple and a Boise single mom who are leading Idaho activists after a child at the school their children attended fell ill and marijuana was blamed. Police and child protective services workers went to the home while the parents were on a retreat and took the kids, as well as some marijuana and paraphernalia. One set of kids has been returned, the other two remain in foster care.

Maryland

On Wednesday, a spokeswoman for Gov. Martin O'Malley confirmed he will sign a medical marijuana bill. The formal signing is set for Thursday. The bill allows academic medical research centers to establish programs to dispense marijuana to sick patients.

New Hampshire