Medical Marijuana Update
The federal offensive against dispensaries in California and Colorado continues, even as more state legislatures take up medical marijuana.
[image:1 align:right]California
Last Wednesday, the Larkspur city council approved a moratorium on dispensaries. A 45-day moratorium passed on a 4-0 vote and could be renewed for up to a year. The city has banned dispensaries since 1997, but city staff warned that given recent state appeals court rulings, its ban could be unlawful, so it opted for the moratorium as a fall-back.
On Friday, San Francisco Mayor Ed Lee issued a statement in support of safe access to medical marijuana. He said he was "concerned about recent federal actions" targeting dispensaries and agreed that federal raids should not be occurring. The notoriously controversy-averse mayor was prodded to speak out by Americans for Safe Access, which earlier last week had mobilized a majority of the city's board of supervisors to publicly state their support.
Also on Friday, Oaksterdam University founder Richard Lee said he will give up ownership of his medical marijuana-related businesses. The move came days after Oaksterdam and related businesses were raided by DEA agents, as well as the IRS and US marshals. Oaksterdam University will shut down at its current location at the end of the month and will try to reopen in a smaller, more affordable location, said Dale Sky Jones, the school's executive director and prospective owner. Lee said he thought he was being investigated for tax offenses. His Blue Sky dispensary was audited in 2010, and the IRS determined that it was not eligible to deduct standard business expenses, resulting in a substantial penalty.
As of Monday, three San Francisco dispensaries targeted by the feds were still open despite a federal demand that they close by last Friday. The three dispensaries and their landlords were targeted for being too close to schools. Five other dispensaries in the city that were targeted earlier have shut down, but for now, at least, HopeNet, 208 Valencia, and Mission Caregivers are still in business.
On Monday, a zero-tolerance drugged driving bill was amended to no longer apply just to marijuana, but to any non-medical use of controlled substances. Because the bill's language says it will not apply "when the controlled substance was administered, dispensed, or prescribed by a person licensed by the state to administer, dispense, or prescribe controlled substances," medical marijuana users could still be subject to arrest since it cannot be prescribed.
As of Wednesday, Americans for Safe Access lists five bills related to medical marijuana that are alive in Sacramento. Check the link to see the good, the bad, and the ugly.
Colorado
On Wednesday, 11 medical marijuana groups sent a letter to US Attorney John Walsh asking him "to respect these licensed businesses and the ailing Coloradans they assist." The letter comes a week after Walsh sent out a second round of threat letters, this time targeting 25 dispensaries.
Maryland
On Monday, the Maryland legislature adjourned without passing any medical marijuana bills. Both the Senate and House had passed bills that would have expanded the affirmative defense law for marijuana possession passed last year to include caregivers, but the session ended without both chambers passing the same bill. This after an earlier effort to create regulated access to medical marijuana was stifled by a veto threat from Gov. Martin O'Malley (D).
Massachusetts
On Tuesday, a pair of medical marijuana bills got a hearing before the Public Safety Committee. But after the hearing, the bills were "sent to study," which typically means the legislation is dead. That would open the way for voters to decide the issue for themselves in November. Backers of a ballot question on the issue need only 11,485 signatures by July 3 to make the ballot.
New Hampshire
On Tuesday, a medical marijuana bill got a hearing before the House Health, Human Services and Elderly Affairs Committee. The bill, Senate Bill 409, has already passed the Senate, but encountered familiar resistance from law enforcement officials, who doubted claims made about marijuana's medical benefits and raised concerns about crime associated with the drug. Sen. Jim Forsythe (R-Strafford) told the panel he had met with Gov. John Lynch last week and that Lynch was "looking the bill over." That could be a positive sign, given Lynch's previous threats to veto the legislation. The bill was referred to a subcommittee, which is expected to take up the bill next Tuesday.
New Jersey
Last Wednesday, a patient filed a lawsuit against the state over delays in starting the state's medical marijuana program. Patient Richard Caporusso alleges that Gov. Chris Christie (R) and his administration have been implementing rules for medical marijuana distribution that are "designed with the intent" to thwart the program. New Jersey's law was passed in January 2010, but no dispensaries are yet open.
New York
On Monday, Gov. Andrew Cuomo (D) put the kibosh on medical marijuana legislation pending in the Empire State. He said the issue should be reevaluated after more research has been conducted. "I understand the benefits. But there are also risks, and I think the risks outweigh the benefits at this point," he said, adding that there would not be time to debate any bill on the subject before the session ends in June.
Tennessee
Last Wednesday, a medical marijuana bill died in the state legislature. Sponsor Rep. Jeanne Richardson (D-Memphis) withdrew the Safe Access to Medical Cannabis Act (Senate Bill 251/House Bill 294) after a hearing in the House Health and Human Resources Committee. She said she will bring it back after the fall election campaign. The bill had surprisingly passed a Republican-led subcommittee earlier in the month, allowing the hearing to take place.
Comments
Freedom of Religion.
I fail to understand why freedom of religion has not been used. In the predominate faiths of America, the Holy Bible is the centerpiece of faith. In the New Testament, God's Son is referenced as saying that there is nothing that enters into a person that defiles him; but what comes forth from a {convoluted} heart.
In the Old Testament, in the very first Book, and in the very first Chapter, and in some books, upon the very first page from God Almighty's lawgiver Moses, it is demonstrated that God did with foresight and without malice, herein premeditate, plan, plant, and bless continually grass, the herb bearing seed which is in the face of all the Earth.
I don't recall any sort of basis for prohibition, or taxing of Scripturally Authorized Standard Substances.
Freedom of Religion is a defensive offense from which there is viable or sustainable defense.
God is a Spirit, and where He is. there is understanding, freedom, liberty, justice, wisdom, mercy... I could go on. I really don't think God our Father likes His sons and daughters locked up, fined, and made to suffer forfeiture and often family dismemberment over grass that a cow, rabbit, deer, and quite a few other animals eat with no effects worse than winding up making more critters. Remember: God is not a book or religion!
I love God, and I appreciate His finer grasses, and I'm not ashamed to tell anyone about Christmas and Easter. And if you confess to Him and ask Him this thing that He is able to perform, don't go worship the herb. That would be like thinking more of the new car than of your daddy that gave it to you. Get real.
Be sure to worship the Living Lord this weekend at any one of the fine worship centers now opening up everywhere inside your eternally flaming heart.
All Yall, PEACE, Yall All.
Thank You.
P.S. I know how loony us God and Jesus folk sound to those who aren't yet.
So... How's your efforts going so far without Him? Giggle, Chortle, and Snort.
In reply to Freedom of Religion. by Bob Moore (not verified)
The trouble is that many
The trouble is that many people who believe in God are passionately anti-legalization of cannabis. If you can get on board with a church organisation devoted to persuading your fellow Christians of the merits of legalization then great, but in the meantime, the rest of us are making progress, albeit slow and with frequent setbacks, by using secular arguments that hold water whether or not you are religious.
The other trouble with it is that freedom of religion does not and cannot mean freedom to perform any otherwise-illegal action that is sanctioned by that religion. Imagine for a moment that in the depths of the Mexican jungle a small village is still practicing Aztec polytheism, with all its gory human sacrifice. Then some of them move to the USA and build a temple and start kidnapping people and cutting out their hearts. Do they escape a murder charge by claiming religious freedom? Of course not. Or just imagine a hypothetical First Church of Robin Hood, whose theology holds that they must steal from the rich in order to alleviate the suffering of the poor. And of course, in the real world, there really are churches that tell their members to withhold medical treatment from their ill children and rely solely on the power of prayer to heal them. When a child of such a churchgoer dies from a treatable condition, do we absolve the parents of all blame because of religious freedom?
Obviously, the use of cannabis is not a victim-creating behaviour like murder, robbery or deliberately withholding necessary medical treatment, and there is no good reason for it to be a crime, but the point is that to people who think it should be a crime, religious freedom is not likely to cut any ice at all, and we should be focussing our efforts on explaining why it shouldn't be a crime (which can obviously be done, given the slow but relentless increase over the last few years of the percentage of people who say they support legalization).
In reply to Freedom of Religion. by Bob Moore (not verified)
use of marijuana
If you are using GOD as a escape goat,you are dead wrong. God made us to worship our body,not to destroy it as we do these days.Med. merijuana is only for those who need medical help, and it should not be available to just any illness.I beleive if you(as general speaking) are on the marijuana perscription, the local authority should have access to your home at any time to search as any illigal activity is going on. God has nothing to do with it.
In reply to use of marijuana by mike shin (not verified)
the problem with your attitude
is that cannabis is MUCH safer than alcohol to life, limb and fetus. A country that allows alcohol has no moral standing to ban recreational cannabis, let alone invade the home of people who need medicinal marijuana. The hypocrisy of alcohol users (you??) ordering around cannabis users is unbearable. Their enthusiasm for pledging allegiance to liberty and justice for all makes their behavior all the more gross. Ain't no liberty and justice in alcohol supremacism over cannabis, just rank bigotry. Violence creating stinking bigotry.
In reply to the problem with your attitude by saynotohypocrisy (not verified)
Amen
Amen
Marijuana and the Bible
It is a fact that marijuana has been used from the remotest of times for spiritual insight. It has been used to see the God and Goddess that lives within and that we (the people) have the power to make change. The people (the voice of god) support ones right to use this remarkable God given herb for recreational purposes at around 50 percent. For medical use it is around 70 percent. For commerical uses I am sure above 50 percent. When they come to understand the spiritual use they will support it for that as well. I believe it was Pat Robertson that recently came out and supported legalization.
I recently published my second edition of Marijuana and the Bible thru createspace an amazon co.
google Marijuana and the Bible Jeff Brown
Jeff Brown I leave you in one love
prescribe
Per the Calif. DWI bill, look up the meaning of "prescribe", and you'll see that there's no such thing as a law licensing anyone to prescribe controlled substances, because anyone can legally do so.
Honestly, I can't believe
Honestly, I can't believe we're still fighting about marijuana in 2012.
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