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Medical Marijuana: San Diego Dispensary Operator Found Not Guilty

In a blow to hard-line San Diego County District Attorney Bonnie Dumanis, who has yet to find a medical marijuana dispensary she considers legal and who has coordinated a series of raids on dispensaries in recent years, a jury in San Diego Tuesday acquitted the manager of a local dispensary of marijuana possession and distribution charges. Jovan Jackson, 31, a Navy veteran, cried as the not guilty verdicts were read. He was, however, convicted on possession of Ecstasy and Xanax, small quantities of which were found in his home during an August 2008 raid. Still, Jackson expressed relief outside the courthouse. "I was very thankful," Jackson said. "This has been a long road. It hasn't been easy. I felt like a lot of weight was on my shoulders." Jackson's was the first medical marijuana case to go to trial since a series of Dumanis-orchestrated raids on dispensaries in September that resulted in 31 arrests and the closing of 14 San Diego-area dispensaries. Dumanis led other mass raids in 2006 and in February of this year. Jackson operated the Answerdam Alternative Care Collective, which was twice approached by undercover officers who had fraudulently obtained medical marijuana recommendations. Since the narcs had proper documentation under California law, and once they joined the collective by paying a $20 fee, Jackson let them purchase medical marijuana. Prosecutors presented evidence of $150,000 in credit card receipts and five pounds of marijuana seized during raids at the dispensary as evidence that, "This case is about making money, plain and simple," as Deputy District Attorney Chris Lindberg put it to the jury. But a large-scale operation is not out of line for a collective that boasted 1,649 members, as defense attorney K. Lance Rogers told the jury. He also reminded jurors that the narcs had signed up for the collective under false pretenses and that state law allows medical marijuana patients to legally buy marijuana from a collective that grows it. Jurors agreed, acquitting Jackson on the marijuana charges. Jurors told reporters after the trial that they found Jackson innocent because the state laws regarding medical marijuana sales from collectives were vague. "On a personal level, if you're going to hold somebody to a law, you have to define that law," said juror Perry Wright. It's not the end for Jackson. He faces up to three years in prison on the Ecstasty and Xanax possession charges, although he will most likely receive probation. And he faces another round of marijuana distribution charges from a similar undercover buy made this year. Given the verdict in this case, DA Dumanis might want to consider whether a re-run trial is worth the taxpayers' money and whether any of her pending dispensary prosecutions should go forward. But she probably won't.
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BBC News Says Hash is Safer Than Marijuana

Having apparently missed the memo that the alleged causal link between marijuana and psychosis is demonstrably false, BBC News is still spreading mindless hysteria and confusion about it. In an article overflowing with dubious claims, this one in particular caught my eye:

The experts believe skunk is particularly damaging because it contains more THC.
…
Unlike skunk, hashish - cannabis resin - contains substantial quantities of another chemical called cannabidiol or CBD and research suggests this can act as an antidote to the THC, counteracting its psychotic side effects.

And where did all that delicious, brain-nurturing CBD come from? It came from the cannabis plant, i.e. the exact thing you're claiming is so dangerous. The statement above, though not entirely untrue, highlights the fundamental ignorance about the cannabis plant that underlies this whole crazy obsession with "skunk" that has gripped the British press for years now. So let me break this down for you:

1. Skunk is just one variety of cannabis and hardly comprises the bulk of the market for good marijuana. It's an old strain that's been hybridized a million times over with other strains to the point that one rarely knows if they're smoking Skunk or not. Many strains contain some amount of Skunk, but there's generally no way to tell, especially if you're buying on the black market. In reality, the British press is just using the term "skunk" as slang for any type of high-potency marijuana. And that's why the hash comparison is absurd…

2. The only reason hash is often high in CBD is because hash is usually made from indica strains, which produce more CBD. But most commercial cannabis is indica-dominant anyway, so the whole idea that hash contains some special ingredient that's missing from cannabis is just pure nonsense. It all comes from the plant and it just depends what variety you're using. Instead of calling everything "skunk" and confusing everyone, why not educate the public about which strains have the healthiest ingredients?

If you're concerned about the safety of marijuana users, there is absolutely only one logical solution: regulate and control the product so that users know what they're getting and researchers know what they're studying. We could argue about this for a thousand years, or we could test it out right now and learn the truth.
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Middle East: Hamas Adopts Tough New Drug Laws, Includes Death Penalty for Dealers

The Hamas government running the Gaza Strip has adopted a law that allows for the death penalty for drug dealing. The move came Monday with a Hamas decision to cancel Israeli military laws on drugs and replace them with Egyptian drug laws. "The government has approved a decision to cancel the Zionist (Israeli) military law with regard to drugs and enact Egyptian law 19 of 1962," Gaza Attorney General Mohammed Abed said in a statement. "The latter law is more comprehensive in terms of crime and criminals and the penalties more advanced, including life sentences and execution. The Zionist law included light punishments that encouraged rather than deterred those who take and trade in drugs, and there is no objective, national or moral justification for continuing to apply it," Abed said. The Egyptian drug law will remain in effect until the Palestinian parliament passes a new drug law. But the parliament has only met rarely since elections in 2006. The Gaza Strip was administered by Egypt from 1948 to 1967, when Israel seized the territory, along with several others, during the Six-Day War. Israel withdrew its soldiers and settlers from the territory in 2005, when it was under the control of the secular Fatah Party of Palestinian President Mahmud Abbas. But Hamas unexpectedly defeated Fatah in Gaza elections in the 2006 elections and consolidated its power in a bloody factional struggle with Fatah the following year. Because of an ongoing Israeli blockade, most goods, including illicit ones, imported into Gaza are smuggled in, primarily through a network of tunnels on the Egyptian border. But Hamas has cracked down on drug trafficking and drug traffickers, claiming more than 100 arrests, and the seizure of dozens of kilograms of drugs, mostly marijuana.
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Study Shows Marijuana Reduces Other Drug Use

They call this a gateway drug?

In the study, 40 percent of marijuana users said they have used marijuana to control their alcohol addictions, 66 percent said they used marijuana instead of prescription drugs, and 26 percent said marijuana helped them stay off other illegal drugs. [MPP]

For the 1000th time, the empirical reality about marijuana turns out to be the precise opposite of what the propaganda would have you believe.
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Pain Pill Hysteria

I have a friend who has a variety of acute medical problems including severe diabetes, hepatitis C and liver cancer. He is now in the final stage of life.
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In The Trenches

Landmark Medical Marijuana Hearings Tomorrow in Harrisburg

FOR IMMEDIATE RELEASE

Pennsylvanians for Medical Marijuana

www.pa4mmj.org 

WHO: Pennsylvania House Health and Human Services committee

WHAT: Public Hearings on HB 1393, medical marijuana in PA

WHEN: December 2, 2009 Room 140 at 11AM, Main Capitol in Harrisburg

CONTACT: Chris Goldstein cellphone 505 577 5093 or email [email protected]

**UPDATE**

A Press Conference with Rep. Cohen and PA4MMJ patients will take place at 10:00AM at the East Rotunda

 

Landmark Medical Marijuana Hearings Tomorrow in Harrisburg

December 1, 2009

Philadelphia- Advocates and patients with the group Pennsylvanians for Medical Marijuana (PA4MMJ) will testify tomorrow before the PA House of Representatives Health and Human Services Committee during hearings on HB 1393, The Compassionate Use Medical Marijuana Act.

 

These will be the first public hearings on medical cannabis in the history of the Commonwealth.

On April 29, 2009 Rep. Mark B. Cohen introduced the bill to legalize medical marijuana with PA4MMJ. HB1393 would allow registered patients to grow six plants or purchase cannabis through Compassion Centers. A provision in the bill allows these medical cannabis sales to be taxed.

At a press conference at the bill’s introduction Cohen said, "It's time to create a new, honest image for marijuana. One as a form of treatment that when prescribed by responsible doctors could help thousands of patients across this commonwealth."

Three newspaper Editorial Boards endorsed the bill immediately after it was introduced: The Philadelphia Inquirer, The Pocono Record and the Daily Review of Towanda.

 

Testifying in favor of the bill: Chris Goldstein and Derek Rosenzweig of PA4MMJ; Ed Pane of Serento Gardens Treatment Center; Bradley Walter who lives with HIV; Andrew Hoover of the ACLU-PA, Criminal Defense Attorney Patrick Nightengale; MS patient John Wilson of New Jersey; Brian Gralnick of JSPAN; Bob Ceppecio of The Marijuana Policy Project along with other local patients and professionals. Signed written testimony from 26 PA residents will be presented by PA4MMJ along with 19 written submissions sent anonymously. Expert written submissions and comments came from the AIDS Law Project of Pennsylvania, the National Lawyers Guild Philadelphia Chapter, The Coalition for Medical Marijuana New Jersey and the National Organization for the reform of Marijuana Laws Deputy Director Paul Armentano.

Several groups will testify in opposition to medical cannabis including the PA Elks Association.

The December 2nd hearings are informational and will not see a vote. The twenty-six-member committee may ask questions of the presenters and PA4MMJ is expecting a lively and educational discussion. Please visit www.pa4mmj.org

MEDIA MAY CONTACT CHRIS GOLDSTEIN DIRECTLY [email protected]

In The Trenches

Please Support H.R. 3245, the "Fairness in Cocaine Sentencing Act." National Call in Day: Dec. 2, 2009

Please Support H.R. 3245, the "Fairness in Cocaine Sentencing Act."

National Call in Day: Wednesday, December 2, 2009

For the first time, crack cocaine sentencing reform legislation received a favorable vote in Congress when the House Judiciary Committee in July approved the Fairness in Cocaine Sentencing Act of 2009, H.R. 3245.  This bill would completely eliminate the crack-powder sentencing disparity by applying current powder cocaine sentences to all forms of cocaine.  To move the bill forward we need a vote on the bill by the entire House of Representatives.

On Wednesday, December 2, please help NACDL reach this goal by calling your Representative and asking them to support and cosponsor H.R. 3245 .  Take action by clicking the link above and/or by entering your zip code to obtain your Representative's office phone number.  Please use the talking points provided to tell your Representative to support this important piece of legislation.

With support from the Administration and key members of Congress, the prospects for reforming this unjust, 23-year-old law are good.  Change cannot happen, however, without your continued pressure on Members of Congress.

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Attorney General Promises Aggressive Marijuana Enforcement


I know, I've been getting a little smug lately about all the progress that's been made this year, so let me just burst my own bubble here with an ugly reminder that the drug warriors in Washington, D.C. are still suffering from severe hysteria:



I don't know which is worse, Sen. Colburn's claim that marijuana is "the #1 risk for our kids," or Attorney General Holder's reply that the Feds "will be vociferous in our enforcement efforts." It's the sort of unhinged drug war lunacy that remains easy to obtain in the Nation's Capital, even as supplies are drying up elsewhere.

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Deputy Drug Czar Asks: Why is Everyone Talking About Legalizing Marijuana?

This New Republic interview with deputy drug czar Tom McClellan is truly inspirational. Why? Because it shows, I think, how close we are to completely driving these guys over the edge. His best and only argument against marijuana legalization is that "marijuana’s not good for you," as though that is a sufficient criteria for making something illegal.

By the time McClellan finishes complaining that some people actually get paid to advocate drug policy reform (as though he doesn’t get paid to advocate against it), it's clear, yet again, how isolated and confused the once-proud drug war cheerleaders have become:


It’s almost as though there were a contingent of people out there really eager to keep it at the front of the newspapers. Well, it isn’t us. We don’t want it there.

Dude, there's no almost about it. There absolutely is a massive contingent of people who want to talk about this. Don't you dare try to act surprised by it. You can't criminalize and vilify millions of good, hard-working, intelligent Americans and expect them to just be silent about it. If you don't want to talk about it, that's your problem and maybe "deputy drug czar" was an unfortunate career choice for you.

Watching the drug warriors try to explain the growing popularity of marijuana legalization is a guaranteed laugh-riot every time. 'It just seems so strange to me, I don't understand it. Why do people care so much about this?' Well, if you can't even figure that out, you're going to lose this debate before you know it.

More at NORML and DrugWarRant.

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Law Enforcement: Man Trying to Snuff Joint at Checkpoint Ends Up Dead; Attorney Accuses Police

A Worcester, Massachusetts, man who died after being taken into at a sobriety checkpoint near Andover last Wednesday as he tried to snuff out a marijuana joint was beaten by as many as 20 police officers, an attorney for his family said today. Kenneth Howe, 45, died at the Andover State Police Barracks when police noticed he "became unresponsive" during booking. The official version of the story, promulgated to the local media by Essex County District Attorney's Office spokesman Steven O'Connell is that Howe, a passenger in a vehicle stopped at the checkpoint, made "furtive movement," then "jumped out of the vehicle, struck the trooper, and fled." After a brief chase on foot and an "ensuing struggle," Howe was handcuffed and charged with assault and battery on a police officer. O'Connell said that Howe was taken to the Andover barracks, and, while being booked "slumped over and became unresponsive." He was taken to Lawrence General Hospital, where he was pronounced dead at 12:45 a.m. last Thursday. But today, attorney Francis King, hired by Howe's widow to represent her and her three young children, painted a starkly different picture of the events leading to Howe's death. Citing the testimony of the driver of the vehicle Howe was a passenger in, King said Howe was pulled out of the truck, beaten by police, and dragged before he collapsed next to a police cruiser. The driver has made a taped statement about what he saw that night, King said. The "furtive movements" were Howe attempting to snuff out a marijuana joint and put on his seat belt, King said. A female state trooper approached the truck, and Howe held up his hands and tried to explain that all he had in his hand was the joint. The trooper then reached into the truck, pulled Howe out, and screamed that he had assaulted her, King continued. "Our position is that he never assaulted her, "King said. Quite the contrary, se maintained: "It appears there were at least 10 to 20 officers all over the deceased, hands flailing." Howe was also "seen handcuffing and slumping to the ground, dragged over to the cruiser," she said. The sobriety checkpoint was staffed by Massachusetts State Police, North Andover police and the Essex County Sheriff's Department. It was stopping every vehicle for a "threshold observation" to check for impaired drivers, a practice upheld by the US Supreme Court. The Essex County District Attorney's Office is investigating, said O'Connell. An initial autopsy has been performed, but the cause of death has not been determined. Toxicology results are also pending. Police said they found one oxycodone tablet on Howe, for which he had a prescription. “At this point, we’re confident the Essex County DA’s office is conducting a thorough investigation and that they are taking the case very seriously,” King said. “I think it’s only fair to allow the DA to conduct an investigation.” You don't need a crystal ball to see the lawsuit waiting to be filed here. But that won't come until after the Essex County District Attorney's Office investigates and exonerates the officers involved.
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