Drug War Issues
Politics & Advocacy
It's been a relatively quiet week on the medical marijuana front, with the big news being the DC Circuit Court's interest in determining whether Air Force vet Michael Krawitz has standing to challenge the federal government's refusal to reschedule marijuana. But that isn't all. Let's get to it:
On Monday, plaintiffs in the federal marijuana rescheduling case filed an additional brief at the court's request after it heard oral arguments last week. In the case Americans for Safe Access v. Drug Enforcement Administration, the DC Circuit issued an order last week seeking details on the harm sustained by plaintiff and disabled US Air Force veteran Michael Krawitz as a result of the federal government's policy on medical marijuana. The federal appeals court will use this additional briefing to decide whether the plaintiffs have legal "standing" to bring such a lawsuit against the government. The lawsuit argues that the government has acted arbitrarily and capriciously by keeping marijuana classified as a Schedule I substance, a dangerous drug with no medical value. By ignoring the overwhelming scientific evidence, ASA argues that the federal government has kept marijuana out of reach for millions of Americans who would otherwise benefit from its therapeutic value.
Arizona
Last Friday, a lawsuit against Maricopa County officials for refusing to process dispensary applications got underway. The White Mountain Health Center filed a lawsuit against Maricopa County after it refused to provide documentation and information required in order to obtain a dispensary permit under the voter approved 2010 Arizona Medical Marijuana Act. White Mountain was the first to apply for a dispensary permit under county jurisdiction, but Maricopa County DA Bill Montgomery opposes the Arizona Medical Marijuana Act because he says it would force public employees in Arizona to violate federal drug laws that prohibit the use, sale and cultivation of marijuana. Lawyers from the ACLU, who are representing White Mountain, argued that the state has the right to have a medical marijuana law, and that the federal government has not punished officials in any of the other 17 states where it is legal. The case continues.
California
Last Friday, San Francisco's first unionized dispensary opened. The Mission Organic Center applied for its permit more than three years ago, but had to navigate the permit process and overcome an appeal at City Hall before opening. Dispensary owner Eugene Popov has been paying rent on the storefront the whole time, as well as shelling out $10,000 in permit fees. The United Food and Commercial Workers Local 5 has supported the dispensary throughout the process and now has the union shop dispensary in the city.
Also last Friday, neighbors of a Berkeley dispensary threatened to sue the building owner if the dispensary does not stop "all illegal drug activities at the location" associated with the Perfect Plants Patient's Group. Residents complained of bags from the business in neighborhood yards, drug deals openly occurring on the street and kids loitering and smoking marijuana, all of which they attribute to the continued operation of the dispensary. The city is contemplating ordering the dispensary shut down, but the neighbors issued their lawsuit threats because they felt the city wasn’t moving fast enough. The dispensary is not on the city's list of permitted dispensaries.
On Wednesday, the San Francisco Weekly revealed that Mayor Ed Lee blocked a plan to let shuttered dispensaries operate on city property. The number of dispensaries in the city has shrunk from 30 to 20 under the federal onslaught, and city officials had bruited about the idea of letting some of them open on city property while they sought new locations. But Lee's office nixed the idea earlier this month, according to emails retrieved by the Weekly.
Late Wednesday afternoon, an alert went out on the San Diego Americans for Safe Access email list saying San Diego's only known dispensary, Next Generation on San Ysidro Boulevard, was being raided. The dispensary is "currently under attack and in full raid condition," the alert said.
Michigan
On Wednesday, a Big Rapids medical marijuana provider was sentenced to federal prison. John Clemens Marcinkewciz was a registered caregiver when he was arrested on state charges, which were then handed off to the feds. After the federal court ruled that he could not mention the state's medical marijuana law in his defense, he pleaded guilty to conspiracy and manufacture of 100 or more marijuana plants. While there was no word at press time what sentence he received, he was looking at at least a five-year mandatory minimum.
Oregon
Last week, Lane County authorities filed an asset forfeiture complaint against a dispensary they raided in August. They hit Kannabosm on August 30 and arrested the owner, Curtis Shimmin, on marijuana and money laundering charges. The store had been open for a year. Now, they want to seize $60,637 in cash, Shimmin's personal automobile, and an ATM machine that was at the business. Shimmin had argued that cash-for-marijuana transactions were not illegal under the Oregon Medical Marijuana Act because they were not technically sales, but compensation to growers for their expenses. Lane County begged to differ.
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Comments
Marijuana does not fit in schedule I.
Since 17 states recognize medical marijuana it no longer fits the federal schedule I criteria of no medical use in the United States. States have the right to determine accepted medical use otherwise the feds would have shut down medical marijuana long ago. The state governments should be demanding that the feds stop enforcing schedule I and if needed sue the feds to that effect. Since they are not doing that and only making a half assed attempt the residents and organizations of the states should be suing their own state governments to that effect.
medical marijuana
If the DEA says we have no research saying that marijuana is safe then what research do they have to say that it is dangerous? The American people have been doing their own research for nearly 100 years and even the Centers for Disease Control says that no one has ever died from using marijuana. In fact, CDC records indicate that tobacco and alcohol are the two most dangerous drugs in society today. There is obviously something else going on here. Enforcement of marijuana prohibition has become BIG business in America and that is why the government doesn't want to see its gravy train run off the track. They aren't waging war on marijuana: they are waging war on the American people. This is not about people being high: it's about people being free. No nation is free so long as its government wages war on its citizens.
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