Medical Marijuana Update

The big news this week is that Oakland is suing the feds over their efforts to shut down Harborside. Meanwhile, the battles continue at the state and local level in California and beyond.

California

Last Monday, Citizens for Patient Rights handed in signatures in La Mesa for an initiative to allow and regulate dispensaries. They handed in more than 6,500 signatures; the San Diego County Registrar of Voters has 30 days to verify the successful submission of the 3,034 valid signatures needed in order to qualify.

Also on Monday, medical marijuana proponents rallied at an Obama campaign stop in San Francisco. Upset with the administration's campaign of repression aimed at dispensaries, they demanded that the administration freeze all actions being taken against medical cannabis providers and review their records of state and local compliance.

On Tuesday, the Los Angeles city council took its final vote to repeal the "gentle ban" on dispensaries. The council was forced to vote because medical marijuana advocates had gathered enough signatures to place a referendum on a city ballot asking voters to overturn the soft ban. The city council had to either repeal the ban on its own, or allow the question to go to the voters. Placing the question on the ballot for the upcoming election would have cost taxpayers up to $3 million at a time when the budget shortfall has forced reductions in core city services.

Also on Tuesday, the founder of G3 Holistic chain of three dispensaries went on trial in federal court for violating federal drug laws. Aaron Sandusky faces six felony counts. The feds accuse him of operating a for-profit business under cover of Proposition 215, but his attorney said he was running a perfectly legal business under state law and his cause is being championed by Americans for Safe Access. His trial is expected to last through the week.

Also on Tuesday, the Santa Monica city council approved a 45-day moratorium on new dispensary permits. City staffers called dispensaries a "risk to the public peace, health and safety" and will use the moratorium to come up with options for dealing with them. It could be extended for up to 22 months. Some city council members accused staff of Reefer Madness-style fear-mongering.

Also on Tuesday, the Clovis city council rejected a ban on medical marijuana grows. The city bans dispensaries but allows patients to grow their own indoors. The updated ordinance limits the size of gardens and requires them to be out of public view. The council rejected an outright ban after City Attorney David Wolfe said it would be costly to defend in court and hamper police efforts to control cultivation.

Also on Tuesday, an appeals court upheld Temecula's ban on dispensaries.  The Fourth District Court of Appeal ruled yesterday on the ordinance banning medical marijuana dispensaries from operating within the city. The panel ruled, 2-1, that the city may use its zoning powers to absolutely ban the dispensing of the drug, and that such regulation is not preempted by Proposition 215, the statewide initiative permitting the use of marijuana upon a doctor’s recommendation, or the Medical Marijuana Program Act that regulates the distribution of the drug for medical purposes. The case was City of Temecula v. Cooperative Patients Services, Inc.

Also on Tuesday, the Arroyo Grande city council voted to ban medical marijuana delivery services. It was the second vote by the council in as many weeks to do so, but some residents are vowing a fight-back.

On Wednesday, the city of Oakland filed a lawsuit to block the feds from closing the Harborside dispensary. Oakland took in $1 million in tax revenues from Harborside last year, but the city said it wasn't about the money, but about federal interference in the city-permitted business. "The federal government has acted beyond its authority by initiating the forfeiture action outside of the statute of limitations," said Cedric Chao, the attorney representing Oakland. "Moreover, the government has indicated for many years by its words and actions that so long as dispensaries and medical patients acted consistently with state law, the dispensaries would be allowed to operate. Oakland has reasonably relied on these assurances, and the government should be prohibited from disrupting Oakland's medical cannabis program."

New Jersey

Last Thursday, a state court panel upheld Health Department rules limiting the number of medical marijuana dispensaries and requirements that they all be run by nonprofits. Natural Medical, Inc., a for-profit company formed to open a dispensary had sued, arguing that the department had unlawfully limited the number of dispensaries to six. Nearly three years after former Gov. Jon Corzine (D) signed the state's medical marijuana law, no dispensaries are yet up and running. "Appellants simply have not shown that the Department acted unreasonably in limiting the initial issuance of ATC [dispensary] permits to the statutory minimum," the unsigned unanimous opinion said. "Beyond the mandated minimum, the Department has discretion to determine how many ATCs are needed to meet the demand for medical marijuana."

New Mexico

Last Friday, it was reported that half of the people using medical marijuana in the state are suffering from PTSD. The report comes as the Medical Cannabis Advisory Board reviews a petition from a psychiatrist to remove PTSD from the list of disorders that can be treated with marijuana. The board will conduct its review November 7, with the decision ultimately in the hands of the interim health secretary.

Rhode Island

On Monday, the ACLU said it will sue over a revision of the state's medical marijuana program that it says makes it more difficult for patients to obtain their medicine. While the ACLU was mum on the particulars, it appears it will challenge a decision this summer by the Department of Health to only accept patient applications signed by physicians. It had previously accepted applications signed by physician's assistants or nurse practitioners, as well.

Vermont

Last Thursday, the Rutland city council voted to ban dispensaries. The state has approved four medical marijuana dispensaries around Vermont, but also allows towns to opt out. The move came after Police Chief James Baker told aldermen last week that dispensaries had become crime magnets in other states. The measure passed without any debate.