Medical Marijuana

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.

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.
â¦
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 absurdâ¦

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.

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.

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.

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 "marijuanaâs 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 doesnât get paid to advocate against it), it's clear, yet again, how isolated and confused the once-proud drug war cheerleaders have become:

Itâs almost as though there were a contingent of people out there really eager to keep it at the front of the newspapers. Well, it isnât us. We donât 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.

Legal Marijuana: It's Coming, Whether You Like it or Not

Paul Armentano has an exciting summary of various marijuana reform legislation, initiatives, etc. that are moving forward around the country. Meanwhile, The Washington Post had a report Monday entitled Support for legalizing marijuana grows rapidly around U.S., celebrating the issue's forward momentum in terms of public opinion and political victories.

Looking around the room, it seems we've moved beyond the question of whether marijuana reform is possible, and everyone seems to be asking instead when the breakthrough will occur or what form it will take. And no, I don't think there's anything misplaced or unhealthy about this sudden sense of inevitability. Time has always been on our side and optimism is a very necessary virtue in the fight for social and political change.

A wise colleague (I think it was this guy) recently suggested to me that we should stop introducing our arguments with phrases like "if marijuana were legalâ¦" and instead say, "when marijuana is legalâ¦" and he's exactly right. One of our greatest obstacles has always been a widespread lack of faith that our politicians and fellow citizens would ever stand with us in great enough numbers to create a mandate for reform. That simple assumption stops untold numbers of potentially great activists dead in their tracks before they ever sign up for an email list, send a letter to the editor, or make a small donation. It also helps explain why the press spent decades fueling anti-drug hysteria and investing in the drug war doctrine, even after the case for reform had begun to bubble beneath the surface.

Yet, the instant that spell is broken, you get the opposite result. People you'd never heard of prior to this year are leading legalization efforts in California. Journalists you've known for decades are speaking out about drug policy reform for the first time in their careers. And the leaders of the drug war army are experimenting with new language to replace the failed propaganda that so profoundly discredited their predecessors.

So those who have a problem with legalizing marijuana should really consider doing everyone (including themselves) a favor and refrain from spending the next several years trying in vain to prevent this from taking place. It's going to happen one way or the other and it's going to work, because we're all going to make sure it works.

Ten years after marijuana legalization takes hold in America, almost everyone will agree that it's an improvement, and those who most vigorously opposed it will probably deny ever having done so.

Will Foster is Free! He Walked Out of Prison in Oklahoma Today

Medical marijuana patient Will Foster is a free man. According to a phone call I just received from his partner, Susan Mueller, Foster was released on parole and walked out of prison in Oklahoma today. As you who have followed the Will Foster saga know, he became a poster boy for drug war injustice when he was sentenced to a mind-blowing 93 years in prison in Oklahoma back in the 1990s for growing a closet-full of medical marijuana. Thanks in part to the efforts of Stopthedrugwar.org (then known as DRCNet), Foster eventually got his sentence cut to a mere 20 years--for growing plants!--and was eventually paroled to the care of Guru of Ganja Ed Rosenthal in California, who had taken up his case. Last year, Foster was raided and charged with an illegal marijuana grow in California, although his grow was perfectly legal under the state's medical marijuana law. He spent a year in jail in Sonoma County before prosecutors dropped all charges, but by then, Oklahoma parole authorities demanded he return to the state to finish his sentence. Foster dropped his fight against extradition and returned in September. A good sign occurred a few weeks ago, when the parole board decided he had not violated his parole and should be released. This week, Oklahoma Gov. Brad Henry must have agreed--he had the final say in the matter. Right now, Foster is making his way to parole offices in Oklahoma City to sign the paperwork. He should be back with his loved ones in California in a matter of days. Thanks to everyone who agitated for his release. Every once in awhile, we win one.

Middle East: In Israel, Medical Marijuana Advances in the Knesset and at Sheba Hospital

Sheba Medical Center in Tel Hashomer has become the first hospital in Israel to administer medical marijuana to patients, the Israeli newspaper Haaretz reported Tuesday. Some 20 patients have been treated with medical marijuana in a pilot program over the last six months, the newspaper reported. Meanwhile, the Jerusalem Post reported Wednesday that the Knesset's Labor, Social Affairs, and Health Committee had instructed the Health Ministry to finish its proposals for regulating medical marijuana use within four months. Such regulations should address the production, quality, and marketing of medical marijuana, as well as prevent diversion into non-medical markets. In Israel, people with cancer, multiple sclerosis or certain other conditions can apply for a license to receive a free supply of medical marijuana. It is provided by a charitable organization, Tikun Olam, which supplies it to some 700 patients. At Sheba Hospital, Ora Shamai, head nurse in the pain management program, has recently finished drafting a formal protocol for providing medical marijuana, another first for an Israel hospital. That draft has already been approved by the Health Ministry official in charge of approving medical marijuana treatments, Dr. Yehuda Baruch. The hospital is expected to soon approve the protocol. Under the protocol, if doctors determine a patient needs marijuana, the doctor in charge of his treatment will apply for the necessary permit from the ministry. Patients who can walk will be limited to smoking in the hospital's smoking room, while bedridden patients will only be allowed to smoke in private rooms with an open window. "We make it clear to the staff that smoking medical marijuana doesn't endanger the medical staff on the wards," Shamai said. "It does not harm those in the area via passive smoking." Doctors at Sheba downplayed any possible harms to patients from smoking marijuana on a limited basis. "It's certainly a dilemma, but it's the lesser of two evils," said Dr. Itay Gur-Arie, the head of Sheba's pain management unit. "When you're talking about smoking a joint or two a day, we don't think this causes short-term harm to the patients." Sheba is also making use of vaporizers, machines that heat marijuana but don't ignite it, allowing patients to inhale vapors instead of smoke. The Israel Association for the Advancement of Medical Cannabis, which has been involved in the pilot program from the onset, is now raising money to buy more. The hospital currently operates five. Along with Canada, Germany, Holland, and some American states, Israel has been a pioneer in accepting medical marijuana. With the Knesset action this week, Israel moves closer to setting up a regulated and expanded system. The Sheba hospital protocol is likewise on the cutting edge of medical marijuana acceptance by hospitals.

LA City Council Okays Sales of Medical Marijuana; Ordinance Deliberations to Continue Next Month

The Los Angeles City Council Tuesday voted to allow medical marijuana dispensaries to continue to sell their products, but failed to reach a final vote on a medical marijuana ordinance that has been years in the works. The council will return to the ordinance at its December 2 meeting. Observers had hoped the council might pass the ordinance Tuesday, but progress was derailed by contentious debate over the sales issue. LA City Attorney Carmen Trutanich and LA County District Attorney Steve Cooley had called for an outright ban on medical marijuana sales, saying that under their reading of the state's medical marijuana laws and court decisions, sales are not allowed. Cooley has threatened to prosecute dispensaries no matter what the city council does. Council members, caught between fear of legal problems and the expressed desire of constituents for safe access to medical marijuana, had some harsh words for prosecutors. Councilmen Ed Reyes, who has been the principal in trying to write the ordinance, protested that the City Attorney's Office was trying to impose "a political view that has nothing to do with objective advice." He wasn't the only one. "I think we're getting advice from one direction," said Councilman Paul Koretz. "I would like to see the City Attorney work with us to help us get to where we want to be." In the end, the council rejected the advice of the prosecutors, instead adopting an amendment that would allow for "cash contributions, reimbursements and payments for actual expenses of growth, cultivation, and provision [â¦] in accordance with state law." "We have some very elegant and flexible language that will adjust as state law is defined," said Council President Eric Garcetti. While the council did not succeed in passing the ordinance, it did make substantial progress. In the seven-hour-long session, it dealt with more than 50 proposed changes to the ordinance. Among other amendments considered was one by council members Koretz and Reyes that would have required police to get a court order to review dispensary records. After Councilman Jose Huizar and other members objected, saying the amendment would hamper efforts to weed out "bad" dispensaries, the amendment failed. Reyes introduced an amendment eliminating the ordinance's requirement that dispensaries have no more than five pounds of marijuana on hand and grow it on-site, but Huizar objected, saying it would encourage a black market and was "a dangerous path." "I'm not advocating for the black market, gangs, cartels to take advantage of this," Reyes retorted, "but we can't choke it to the point where it does not function." Then, Reyes withdrew his amendment, asking Huizar to draft an alternative. The council also approved an amendment limiting patients and caregivers to membership in one collective, but with a provision allowing for emergency purchases. That didn't go over well with medical marijuana advocates, who complained that it would limit access for patients. The council also adopted a series of amendments from Councilman Koretz, based on West Hollywood's ordinance regulating dispensaries. Those amendments require dispensaries to have unarmed security guards patrolling a two-block area, to deposit cash daily, and to provide contact information to police and neighbors within 500 feet. The council squabbled over a number of amendments that sought to micro-manage the dispensaries, ranging from a $100,000 salary cap to restrictions on doctors writing recommendations. "This industry is rife with people ripping off money from people who are seriously ill," said Councilman Ricardo Alarcon, who offered the salary cap amendment. "We ought to cap compensation because I believe it will be abused, people will be making millions. Those amendments excited the wrath of Councilwoman Janice Hahn."We're going too far from what we need to be doing," Hahn said with some exasperation. "Now you're going after compensation, you're going after the doctors writing these notes. If you take the logic that people in compassionate professions shouldn't be making more than $100,000, we could go after every doctor in this city. This is not what we're here for, which is to regulate these dispensaries to make sure people have safe access," she said to loud cheers from the audience. "Let's stay focused." In the end, Alarcon withdrew his amendment. City staff will instead review compensation standards for non-profit organizations and return to the issue later. After heated debate, the council also deferred action on two contentious issues: a cap on the number of dispensaries to be allowed, and location restrictions that would bar dispensaries from operating within either 500 or 1000 feet of schools, parks, and other child-friendly locations. The council asked city officials to return next week with studies on caps and maps that would demarcate what areas within the city would be okay for dispensaries. Councilmember Reyes displayed one such map at the hearing, arguing that the location limits would dramatically restrict the areas where dispensaries could operate. While the ordinance anticipates setting a cap on the number of dispensaries at 70, or one for every 57,000 residents, there were indications during the debate that members could go for a cap as high as 200, but even that would reduce the number of dispensaries in the city by 80%. There are currently an estimated one thousand dispensaries in Los Angeles. There were four when the council began working on an ordinance way back in 2005. There were 186 when the council voted to institute a moratorium two years later. The City Council will return to the medical marijuana ordinance at its December 2 meeting.

Drug Czar's Website Still Wrong About AMA's Medical Marijuana Stance

Unfortunately, the DEA isnât the only drug war apparatus that's dragging its heels when it comes to acknowledging the American Medical Association's new position on medical marijuana. The drug czar's website still offers a document entitled "What Every American Should Know About Medical Marijuana," (PDF) which includes this passage:

Major public health organizations do not support smoking marijuana as medicine.

The National Multiple Sclerosis Society, the American Medical Association and the American Academy of Ophthalmology all oppose the smoked form of marijuana as medicine...

So, if the drug czar thinks "every American should know" about AMA's position on medical marijuana, will he now inform Americans that the position has changed? Somehow I doubt it, but at the very least, this now-false claim that AMA opposes medical marijuana should be removed immediately.

Let me be clear about this too, because I donât want anyone thinking this is just some smug campaign to rub AMA's new position in the face of drug warriors all over the web. This document, "What Every American Should Know About Medical Marijuana," is a dreadful Bush-era hatefest that positively drips with outrageous & out-of-context propaganda points and should have been tossed from the site back in January, along with all the other rancid garbage John Walters left in the fridge at ONDCP.

This document even contains the unbelievable Steve Kubby smear, in which Kubby's statements about Marinol saving his life in prison were spun as opposition to medical marijuana (I highly recommend revisiting that one if you donât remember it, because it's so much worse than I can even describe in one sentence). And this isn't some dusty artifact I dug up from the cavernous bowels of ONDCP.gov either, ~~it is currently the #1 search result for "medical marijuana" on the drug czar's website~~.*Â

So please join me in sending the drug czar a note asking that this outdated and offensive document be removed from his site once and for all. Whether it's because the reference to AMA is no longer accurate, or because the rest of the thing in its entirety is just a raging trainwreck of distortion and nastiness, or because the new administration has pledged to respect state medical marijuana laws instead of vilifying doctors and patients, this type of rhetoric has no place in the drug policy debate.

Please contact the drug czar today to ask that the document "What Every American Should Know About Medical Marijuana" be permanently removed from ONDCP.gov. Thanks.

*Update: Interestingly, the document is now much more difficult to find on the ONDCP website. Last night, it came up #1 in a search for "medical marijuana." Now I can only locate it by using more specific search terms. Hopefully, this signals that it's in the process of being removed, although the PDF is currently still being hosted by ONDCP.

Update 2: Our friends at LEAP have created an action alert where you can send a pre-written message to DEA & ONDCP requesting the necessary corrections.

Subscribe to Medical Marijuana