Medical Marijuana

Regulating medical marijuana under state law makes it possible for police to protect private property:

Mendocino County sheriff's deputies arrested eight Sacramento-area men Friday on suspicion of robbing at gunpoint a Laytonville man who grew marijuana in his garden for medical use.

The men, who range in age from 18 to 24, are from Citrus Heights, Elk Grove and Sacramento, and are facing armed robbery and conspiracy charges. [Sacramento Bee]

It’s nice to see police helping patients and turning their attention towards real criminals.

Further proof that railroading medical marijuana defendants in federal court has consequences:
Two jurors who convicted two Modesto men of running a criminal enterprise in connection with a medical marijuana dispensary want the defendants to get a new trial.

Jurors Craig Will of Twain Hart and Larry Silva of Tollhouse say they wouldn't have found the men guilty had they known the penalty was 20 years to life in prison.

They said a story in the San Francisco Chronicle about medical marijuana led them to believe the crimes weren't that serious.

Ricardo Ruiz Montes and Luke Scarmazzo are scheduled for sentencing Sept. 15 in U.S. District Court in Fresno. Their attorneys also will argue a motion for a new trial. [San Francisco Chronicle]

It is just an inescapable reality that these medical marijuana show trials infuriate jurors and provoke bad press. After suffering multiple humiliations in their years-long crusade against Ed Rosenthal, you’d think federal prosecutors would have cut this charade out already:

Rosenthal was convicted of violating federal drug laws, but seven of the 12 jurors said afterward that their verdict would have been different if they had been allowed to consider evidence about the medical use of the marijuana and Rosenthal's status as an agent in the Oakland program. They requested leniency for Rosenthal.
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Last April [2006], the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 3-0 ruling that Rosenthal was entitled to a new trial because one of the jurors improperly sought outside advice about the case. [San Francisco Chronicle]

5 years after his arrest, Rosenthal was given a 1-day sentence, time served. That’s what happens when federal prosecutors turn the law into a political weapon, perverting justice to the point that they themselves become the enemy in the eyes of the jury. First Rosenthal’s jurors lobbied for leniency, until one eventually confessed to misconduct and provoked a retrial.

That’s what you get when the drug war divorces itself from public morality. The American people don’t believe in criminalizing medical marijuana providers and they cannot be counted upon to cooperate cheerfully with political prosecutions. If anyone’s been wondering why the DEA doesn’t go ahead and try to take down every dispensary in California, well, now you know.

We know she used marijuana when it was legal in Alaska. And we know that she hypocritically claims to oppose legalization. But Sarah Palin is also governor of a state that’s had a medical marijuana program for ten years. How does she feel about that?

Does Sarah Palin share John McCain’s open hostility towards seriously ill patients who use marijuana on the advice of their doctors?



Frankly, I highly doubt Palin agrees with this. It’s bad politics for her in Alaska and, for that matter, everywhere else as well. If pressed, she’ll be forced to take the party line, but that won’t go well for her. Palin can’t conveniently defend federal supremacy over state medical marijuana laws because she’s already argued that her own past marijuana use was legal in Alaska. She can’t defend medical marijuana raids without labeling herself a criminal.

The point isn’t that there’s anything damaging about her admitted marijuana use or that people who admit trying marijuana become obligated to support medical access. Neither is true. The point, rather, is that Palin’s personal story highlights the absurdity of bureaucrats in Washington, D.C. telling people all the way up in Alaska what sorts of petty drug laws they ought to have. She doesn’t want to go there. It’s a terrible jumping-off point for initiating a defense of federal authority to arrest sick people.

That’s why the Obama campaign would be smart to apply pressure here. Public support for medical marijuana is overwhelming and the video of McCain literally turning his back on a wheelchair bound patient is compelling. This debate polarizes independent and libertarian voters in Obama’s favor, while forcing McCain to defend another unpopular Bush policy. Biden’s obnoxious drug war background also becomes a counterintuitive asset, as he can ably deflect any shrill attacks from the law & order crowd on the right.

As the democrats clamor for opportunities to puncture the narrative of McCain/Palin as a "reform" ticket, there is nothing to lose, and potentially much to gain by directly challenging McCain’s deeply unpopular views on medical marijuana.

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

CNN hosted an interview with House Speaker Nancy Pelosi on Wednesday which featured democratically elected questions courtesy of the popular website Digg.com. Unsurprisingly, one of the top questions was about marijuana policy reform. Here is her response (it’s the 3rd question):



Obviously, Pelosi is very supportive of medical marijuana and despite her pessimism about achieving full-scale legalization, she didn’t actually say she opposed it. Ideologically, I’d have to say this was pretty good coming from the Speaker of the House. But, as Paul Armentano points out, Pelosi’s advice to supporters of medical marijuana just doesn’t add up. She laments Congress’ intransigence on the issue and encourages constituents to contact their representatives, as though this is all just a matter of showing politicians where the people stand.

Alas, we kinda tried that already. Public support for medical marijuana has been overwhelming for a long time. Reformers are 9-1 when it comes to passing state-level medical marijuana laws at the ballot box. State legislatures in Hawaii, New Mexico and Rhode Island have passed laws to protect patients, drawing praise from constituents. The only memorable instance of a politician being damaged for his position on medical marijuana involved Bob Barr, who lost his House seat following attacks for opposing medical marijuana. He’s come around since then.

What, other than legalizing medical marijuana in a dozen states, could the people possibly do to show the politicians in Washington, D.C. that we’re serious about this? You want us to go legalize medical marijuana everywhere else in America? We’ll do it. You want more research proving that it works? Let us know when you’re done reading what we’ve already given you, and we’ll gladly send the rest. Worried about the message to young people? Teenage use is down in states with medical marijuana laws.

You see, our feet are tired. Our throats are hoarse. Our keyboards are cracking, our sharpies are dry and we’re almost out of posterboard. With all of that in mind, Nancy Pelosi, since you do agree with us and you’re the Speaker of House now, we were hoping there might be something else you could do.

Bruce Mirken at the MPP Blog points out this observation from the LA Times:

Most of the negative consequences can be attributed to the gap between state and federal marijuana laws. The fact that even sellers considered legitimate by the state can be prosecuted and ruined by federal agents encourages black-market dealers, who endanger their communities by ignoring fire codes, selling to healthy minors and fighting turf wars with other dealers.
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Overall, Proposition 215 has done more good than harm. In addition to marijuana's medical benefits, its legitimate sale brings in $100 million a year in tax revenues, and even though it can be abused by users, it isn't demonstrably more dangerous to society than tobacco and alcohol. The state's new guidelines will help reduce the measure's harmful side effects, but the only long-term solution is for the feds to stop the medical marijuana raids and leave California law enforcement to California officers.

The longer Californians live under Prop. 215, the clearer that central point becomes. Federal interference is the obvious remaining source of chaos in California’s medical marijuana economy. Once that obstacle is removed, everything else will fall into place. By developing formal guidelines for legally providing medical marijuana, Attorney General Brown has taken an important step towards further legitimizing medical marijuana distribution.

Of course, the flipside is that the new regulations will give local police more leverage to go after dispensaries that don’t follow the guidelines. Providers will be required to operate on a "not-for-profit" basis, which means "reinvesting excess revenue (after salary and overhead) in patients services for members, advocacy for patients, or other typical nonprofit activity."

It will be interesting to see how all of this unfolds and I imagine there will be problems, but I’m not sure the San Francisco Chronicle quite understands what this is all about:

California Attorney General Jerry Brown has ordered a crackdown on medical pot clubs that are selling the drug for big profits.

The move puts the state a bit more in line with the feds in dealing with the explosion of questionable marijuana dispensaries since the passage of Proposition 215 more than a decade ago.

The single most important thing to understand about the new regulations is that they forbid police from disrupting legitimate medical marijuana activity as authorized under Prop. 215. To say that this somehow brings the state "a bit more in line with the feds" is dubious since federal law prohibits any medical marijuana distribution whatsoever. Since the DEA has often claimed that their enforcement is focused on operations that violate California law, the new regulations could effectively render DEA’s involvement obsolete, while protecting any provider with enough common sense to follow the guidelines.

So while the new rules are likely to create problems for some participants in the medical marijuana economy, the overarching concept behind all of this is that California’s medical marijuana laws should be enforced by California’s police, not the DEA. It is a necessary step towards further legitimizing medical access in the years to come.

Ten years after the passage of Proposition 215, California Attorney General Jerry Brown has finally clarified that law-enforcement must respect the state’s medical marijuana law:

California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law.
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The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. [Americans for Safe Access]

While Prop. 215 has gone a long way towards protecting the medical marijuana community from harassment by state law-enforcement, there have been continuing regional problems such as unjustified confiscation of medicine. The new guidelines should remind police that their duty is to uphold the law, not circumvent it.

This is big news:

Sacramento, CA -- A medical marijuana employment rights bill, which would protect hundreds of thousands of medical marijuana patients in California from employment discrimination, passed the State Senate today. AB2279 had already passed the State Assembly in May, which means the bill now heads to the Governor's desk. Advocates expect the bill to reach Schwarzenegger's desk in the next few weeks.

AB2279, introduced in February by Assemblymember Mark Leno (D-San Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), reverses a January California Supreme Court decision in the case Ross v. RagingWire. Support for the bill has been widespread, coming from labor, business, and health groups at the local and national level. [Americans for Safe Access]

Ten years after the passage of Proposition 215, medical marijuana hasn’t lost any support in California. Even the state legislature is standing up for patients' rights, as well it should. How embarrassing this must be for those who claimed that medical marijuana was a threat to public safety. Californians are pleased with their medical marijuana law, despite unwelcome inference by the federal government. It is just beyond dispute at this point that allowing patients with a doctor's recommendation to obtain medical marijuana doesn't cause any significant social problems. We can see with our own eyes that the sky has not fallen.

Now it is up to Governor Schwarzenegger to do the right thing and sign this commonsense bill into law. He's already bowed disgracefully to federal pressure by vetoing a sensible and completely harmless bill to legalize hemp cultivation, so there's good reason to question his judgment. On the other hand, this bill is about the basic employment rights of people treating medical conditions according to the advice of their doctors. A veto would not be well-received by the people of California. Let's hope the Governator knows what's good for himself and his constituents.

This is an easy one. Don't let anyone try to make it complicated.

He just can't help himself. It's hilarious, of course, but it's disturbing to consider that Colbert's facetious rants really aren't any more absurd than the typical government propaganda that emerges from the Drug Czar's office. Colbert is joking, but even if he weren't, we could at least stop paying for cable. This garbage, on the other hand is paid for with our tax dollars whether we like it or not. And it isn’t nearly as funny, either.

Marijuana's incredible medical potential becomes increasingly clear with every new study:

Raymond DuBois and colleagues at the University of Texas in Houston discovered that a key receptor for cannabinoids, which are found in marijuana, is turned off in most types of human colon cancer.

Without this receptor, a protein called survivin, which stops cells from dying, increases unchecked and causes tumour growth.

To better understand the role that the receptor, called CB1, plays in cancer progression, the researchers manipulated its expression in mice that had been genetically engineered to spontaneously develop colon tumours.

"When we knocked out the receptor, the number of tumors went up dramatically," says DuBois. Alternatively, when mice with normal CB1 receptors were treated with a cannabinoid compound, their tumours shrank. [New Scientist]

The body of evidence showing that THC may effectively treat tumors is already extensive, so there's nothing particularly surprising about this latest research. Rather, it provides yet another opportunity to point out just how much damage our government has done in the course of its relentless and fraudulent campaign to convince everyone that the marijuana plant is incredibly dangerous rather than incredibly helpful.

Imagine what we might have achieved if our nation's efforts over the past thirty years had been focused on identifying the plant's benefits rather than exaggerating its harms and vilifying its users.

Deputy Drug Czar Scott Burns visited Arcata, CA last week to see "America’s grow house capitol" firsthand. After meeting with local authorities and accompanying police on a few marijuana raids, he said this:

…regarding enforcement, Burns seemed to offer a mixed message. While unyielding in asserting that federal law holds marijuana illegal under all circumstances and trumps all state and local medical cannabis laws, Burns nonetheless advised Arcatans to “defer 100 percent good judgment of the people who have been elected and appointed” while motioning to those present in the APD conference room. But most of them are working on guidelines under which medical marijuana may be safely cultivated and dispensed. [Arcata Eye]

I just cannot possibly point out often enough that the conflict between state and federal drug laws doesn't marginalize the value of state-level reforms. The deputy drug czar doesn’t arrive in California with a convoy of DEA super-narcs to slash and burn everything in sight. He can't do that and he knows it, as his remark clearly illustrates.

The federal war on medical marijuana is a political strategy designed to create the appearance of chaos in order to deter other states from implementing medical marijuana laws. Medical marijuana is more available than ever before, notwithstanding sporadic DEA activity in California. Yet we still hear folks suggesting that "the DEA will just swoop in and ruin everything" if we pass new marijuana reforms at the state-level. To be clear, the DEA has ruined many lives, but it has not ruined California's medical marijuana law. That should be obvious to all of us.

The DEA cannot overcome the will of voters and I'm tired of seeing the press and even some reformers helping them pretend they can.