ASA's Medical Marijuana in the News: Week of 4/13

FEDERAL: Medical Marijuana Advocate to Be Retried Despite Ruling MONTANA: Federal Agents Intercept Delivery to Qualified Patient ILLINOIS: Lawmakers Urged to Act on Medical Marijuana Bill MINNESOTA: Medical Marijuana Bill Passes Senate Committee ISRAEL: Showing Leadership on Medical Marijuana FEDERAL: Medical Marijuana’s Legal Impasse Untenable CALIFORNIA: Taxes Sought From Dispensaries CALIFORNIA: Dispensaries Debated by Local Officials _______________________________________________ FEDERAL: Medical Marijuana Advocate to Be Retried Despite Ruling Court observers predicted the government would abandon its case against prominent medical marijuana advocate Ed Rosenthal once ASA Chief Counsel Joe Elford convinced the judge in the case to dismiss all the new charges as been vindictively motivated. When prosecutors said they were going forward, the judge gave them a month to reconsider. Today, prosecutors said they had thought it over and are proceeding to trial, even though they can get no additional penalty with another conviction (the sentence having already been served). Determined Feds To Re-Try Oakland's 'Guru Of Ganja' KTVU TV2 (San Francisco) Federal prosecutors said Friday they would retry marijuana grower Ed Rosenthal on cultivation charges, even after a federal judge urged them to drop the case and chastised the government for lodging charges solely to punish the self-proclaimed "guru of ganja." Feds will retry pot activist on cultivation charges by Bob Egelko, San Francisco Chronicle The government will retry a prominent marijuana advocate on cultivation charges even though he faces no punishment if convicted, beyond the one day in jail he's already served, a federal prosecutor said today. Judge Sets Date for Second Rosenthal Marijuana Trial Bay City News Assistant U.S. Attorney George Bevan told a federal judge today that following "a thorough and careful review" he's decided to go forward with a second trial of marijuana activist Ed Rosenthal on illegal marijuana cultivation charges. Federal prosecutors will retry Oakland, Calif., marijuana grower known as the 'ganja guru' by Paul Elias, Associated Press Federal prosecutors said Friday they would retry a marijuana grower known as the “guru of ganja,” even after a judge urged them to drop the case. _______________________________________________ MONTANA: Federal Agents Intercept Delivery to Qualified Patient While the DEA has made an industry out of raiding medical marijuana patients and their providers in California, patients in other states have been largely left alone. But a Montana woman lost her medicine to federal agents this week, and officials are threatening more action against that state’s registered patients. Feds seize woman’s medical marijuana by Associated Press, Great Falls Tribune A Missoula woman worries she will be forced to buy marijuana from street dealers after federal agents seized a package of medical marijuana that was being delivered to her. _______________________________________________ ILLINOIS: Lawmakers Urged to Act on Medical Marijuana Bill This is not the first time that Illinois legislators have had the opportunity to enact protections for the medical marijuana patients in their communities, but this may be the time they make something of it. IDEAL Reform, an Illinois based medical marijuana advocacy group and an ASA affiliate, has been working for the past several years to educate the public and legislature about the need for a change in state law. The bill has made it out of a key committee, on its way to consideration by the state senate. Yes to medical marijuana EDITORIAL, The Dispatch Lawmakers in Springfield are poised to consider a compassionate measure that would protect the rights of Illinoisans who are seriously ill. We fervently hope they will follow the members of the Illinois Senate Public Health Committee, who last month took into account the suffering of others and sent to the full Senate SB650, which would protect from arrest seriously ill patients who use medical marijuana with a doctor's recommendation. _______________________________________________ MINNESOTA: Medical Marijuana Bill Passes Senate Committee A state senate committee in Minnesota approved a measure to protect medical marijuana patients there. The governor has voiced his opposition, but lawmakers still have a chance to educate him. Failing that, the voters will have their say soon enough. Minnesotans support legal access by an overwhelming margin--far more than voted for the governor in the last election. Senate panel narrowly approves marijuana bill by Mark Brunswick, Star-Tribune (MN) After hearing reservations from police and county attorney organizations concerned about making marijuana more easily accessible, the key law-enforcement policy committee in the Senate narrowly passed a medical marijuana bill Tuesday. Senate says yes to medical marijuana by Associated Press, KTSP TV (MN) A Minnesota Senate panel gave narrow approval to a medical marijuana bill that Gov. Tim Pawlenty has said he would veto if it reaches his desk. Medical marijuana bill advances by Associated Press, WLNE ABC 6 TV A bill that would make permanent a law allowing the use of marijuana for medical purposes advances at the Statehouse. _______________________________________________ ISRAEL: Showing Leadership on Medical Marijuana As home to the scientist who first identified the active chemicals in the marijuana plant, Israel has had a head start on research into the plant’s medicinal properties. But even with a history of extraordinary research, the country has many who do not avail themselves of medical cannabis because of stigma created by “drug war” propaganda. Going to Pot by Sheera Claire Frenkel, Jerusalem Post (Israel) The first time D. smoked marijuana, he decided to make it a family affair. His wife, cousin and grandson sat with him as the 75-year- old Tel Aviv native carefully tucked the leaves into a Jamaican-accented pipe and lit up. _______________________________________________ FEDERAL: Medical Marijuana’s Legal Impasse Untenable The US Supreme Court has said that state medical marijuana laws and federal prohibition can, as a matter of law, coexist indefinitely. But as a practical matter the conflict between the two creates terrible dilemmas for patients, and even results in state-qualified patients and their providers going to federal prison. ASA and other groups are calling on Congress to change federal law to protect all patients and providers. Medical marijuana at legal, clinical crossroads by Kristen Gerencher, Dow Jones MarketWatch Phillip Alden credits marijuana with stimulating his appetite and suppressing what he describes as debilitating foot pain that comes from an AIDS-related condition known as peripheral neuropathy. Medical Marijuana Use Should be Left to the States by Tom Madden, OpEd, Daily Titan (CA) Cannabis, weed, ganja or whatever you crazy kids are calling it nowadays was passed around the Supreme Court regularly this past month, making the High Court seem rather Grateful Dead-like, minus the music, hippies and nudity (although I question what Scalia is doing under his robe sometimes). _______________________________________________ CALIFORNIA: Taxes Sought From Dispensaries Since 2005, ASA has testified repeatedly before the California Board of Equalization that medical marijuana should be tax-exempt like prescription medications, and submitted a position paper showing that patients would be adversely affected and that the tax could violate the right against self-incrimination. Despite this, the BOE has decided medical marijuana is more an herbal remedy, which means sales tax applies. Pay taxes on pot by EDITORIAL, Pasadena Star-News Because of its weird quasi-legal status, the burgeoning medical-marijuana industry has been allowed to escape oversight and tax. Medical marijuana to be taxed by Rob Carlmark, KSBY TV Medical marijuana has been in a legal grey area since California voter's approved proposition 215 a few years ago. While medical marijuana remains an issue between state and federal agencies, the sale itself will now be taxed. Pot is brought into the tax fold by Judy Lin, Fresno Bee When it comes to the sale of medical marijuana, California is seeing green. Calif. officials telling medical marijuana dealers to pay taxes by Associated Press, KGET TV 17 The taxman is going after the medical marijuana man. For the first time since California voters approved use of medical marijuana more than a decade ago, the state Board of Equalization is telling the estimated 150 to 200 medical marijuana retailers in California to pay sales taxes on pot. Taxing pot by EDITORIAL, Daily News (Los Angeles) Because of its weird quasi-legal status, the burgeoning medical-marijuana industry has been allowed to escape oversight and tax. _______________________________________________ CALIFORNIA: Dispensaries Debated by Local Officials Experts estimate that half of California’s qualified medical marijuana patients rely on dispensaries for safe, reliable access to their medicine. ASA is working with local officials around the state on how best to implement regulations that work for patients and the community. Education is part of that process, as evidenced by a Palm Desert city council member’s mistaken belief that lawmakers can change a voter initiative. Sick shouldn't suffer in laws over marijuana EDITORIAL, San Luis Obispo Tribune (CA) Californians approved growing and smoking pot for health reasons more than a decade ago. Yet, as last week’s bust of a Morro Bay marijuana dispensary illustrates, law enforcement — whether local or federal — is still dropping the hammer on such co-ops. Palm Desert commission votes for ban on medical marijuana dispensaries by K. Kaufmann, The Desert Sun The Palm Desert Public Safety Commission voted unanimously Wednesday to recommend that the city adopt a permanent ban on the licensing of medical marijuana dispensaries. Morro Bay Marijuana Dispensary Reopens Doors by Amy Andrews, KSBY NBC TV (CA) The Morro Bay pot dispensary raided by federal agents is back in business. Norco mulls marijuana dispensary options by Laura Rico, Press-Enterprise (CA) Norco may join cities such as Whittier, Visalia and San Jose in regulating the operation of medical marijuana dispensaries. Councilman pushes marijuana alteration by K. Kaufmann, Desert Sun (CA) Palm Desert City Councilman Robert A. Spiegel wants California to revise its medical marijuana law so that the state health department would distribute the drug similar to a new program now in the works in New Mexico.