Valentine’s 1123 E. Douglas, Wichita, Kansas (Gorilla on roof of building east of Boutique.) Sells: Les Balm in .05 oz Trial Twist Tube, 2 oz Jar or Tin, & 2.65 oz. Twist Tube.
Green Art Rocks - Available at: http://www.Green Art Rocks.com – also promotes free, other artists work in the Helping Hands Project.
***
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Tue, 09 Jun 2015
Source: Cincinnati Enquirer (OH)
Webpage: http://drugsense.org/url/XZnyMUrR
Copyright: 2015 The Cincinnati Enquirer
Contact: http://drugsense.org/url/aeNtfDqb
Website: http://www.cincinnati.com/
Details: http://www.mapinc.org/media/86
Author: Chris Stock
Note: Chris Stock is a Cincinnati attorney and the principal author
of the ResponsibleOhio amendment.
IGNORE LEGAL POT MISTRUTHS
There are some misperceptions about how marijuana legalization has
rolled out in Colorado, as shown in the op-ed “Legal pot? Look at
Colorado before leaping” (May 15). Anderson Township resident John
M.
Kunst Jr., who spends considerable time in Colorado, makes a number
of off-base claims about the situation there since the 2012 passage
of an initiative legalizing marijuana. As principal author of
ResponsibleOhio’s ballot initiative, which if passed by Ohio voters
this fall would legalize marijuana for personal and medicinal, I
offer these point-by-point responses.
Kunst: In Colorado “the black market appears to be thriving because
legal weed is not cheap: $200 an ounce plus sales and huge excise taxes.”
ResponsibleOhio’s response: According to priceofweed.com, a
crowd-sourced marijuana pricing site on which a prominent RAND
Corporation study recently relied, the average black market price of
marijuana in Colorado is $218.91 per ounce, higher than the
“expensive” retail price that Kunst claims is driving Colorado buyers
to the black market. Colorado’s black market accounts for just 5
percent of all the marijuana purchased there not enough market
share
to be considered “thriving,” especially since marijuana stores have
only been open in Colorado since January.
Kunst: The benefits flowing from marijuana sales into Colorado’s
state coffers “may be short lived as word gets out that you can’t
carry weed back home through the airport.”
ResponsibleOhio’s response: There is no evidence that sales of
marijuana in Colorado are decreasing. More than $42.7 million of
marijuana was purchased for personal use in Colorado retail stores
during March, the most recent month for which data are available.
These totals exceeded the previous records set in February ($39.1
million) and January ($36.4 million).
Kunst: In 2014 “out-of-state applications to the University of
Colorado jumped over 30,000.”
ResponsibleOhio’s response: It’s difficult to imagine admissions
departments at Ohio’s colleges and universities complaining about
such a sharp increase in applications.
Kunst: “Fearing a disaster, the [Colorado] Legislature and local
governments have gone to great pains to regulate this new industry
from seed to smoke. The regulations are impressive and understandably
burdensome, but there is insufficient manpower to assure compliance.”
ResponsibleOhio’s response: Our amendment provides more funding for
enforcement than Colorado’s or any other state’s marijuana
initiative. Fifteen percent of the special taxes the State collects
from growers, product manufacturers, and licensed retail stores will
fund the Ohio Marijuana Control Commission’s enforcement efforts,
ensuring it will have sufficient money to enforce the law and its own
regulations. In addition, it will have only 10 grow facilities to
monitor, versus the more than 1,000 legal grow facilities spread
throughout Colorado. A recent Rand study identified 10 grow sites as
among the best ways to supply marijuana in a legal commercial market.
Kunst: “Edibles have caused tragic adult and children deaths.”
ResponsibleOhio’s response: This is a baseless statement, fast
becoming an urban legend. According to 2011 epidemiological study,
“The acute toxicity of cannabis is very low. There are no confirmed
cases of human deaths from cannabis poisoning in the world medical
literature.” A person would have to use over 10,000 times the average
dose to approach a toxic dose.
Kunst: In Colorado, “traditional zoning restrictions are being
amended to allow the establishment of these operations ‘next door’
or
in the neighborhood a plus for the new business but a threat
to
property values.”
ResponsibleOhio’s response: Our amendment eliminates this risk by (1)
prohibiting marijuana grow facilities and retail marijuana stores
within 1,000 feet of schools, churches, libraries, playgrounds, and
day-care centers, (2) limiting the number of grow facilities to 10
(versus the more than 1,000 currently operating in Colorado), and (3)
requiring approval of all retail marijuana store locations by
neighborhood residents through “local option” elections.
Kunst: “Recently, it has been discovered that unregulated pesticides
and fungicides are winding up in joints and being ingested by smokers.”
ResponsibleOhio’s response: Our amendment limits cultivation of
marijuana for sale in Ohio to 10 heavily regulated producers, whose
grow operations would be subject to state inspections 24/7, and
requires the Marijuana Control Commission to adopt strict regulations
to ensure the safety and reliability of marijuana grown and sold in
this state.
__________________________________________________________________________
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---
MAP posted-by: Jay Bergstrom
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Tue, 09 Jun 2015
Source: Oregonian, The (Portland, OR)
Webpage: http://drugsense.org/url/igMSBGsK
Copyright: 2015 The Oregonian
Contact: letters@oregonian.com
Website: http://www.oregonlive.com/oregonian/
Details: http://www.mapinc.org/media/324
Author: Jeff Mapes
THE OREGON LEGISLATURE’S BIG MARIJUANA PACT: NEGOTIATORS CUT DEAL ON
TAXES, LOCAL BANS
Legislative negotiators have tentatively agreed on a sweeping
marijuana deal that could produce a 20 percent sales tax on
recreational sales of pot.
Under the deal—which is still subject to change—the state could
collect a 17 percent tax while localities could collect up to 3 percent.
The deal to allow local taxes is aimed at ending a standoff with
cities and counties over just how much power they have to prohibit
retail sales of both recreational and medical marijuana.
That issue has tied up legislation that would place new limits on
medical marijuana growers, which is aimed at reducing black-market
diversions.
In exchange for giving cities and counties a chance to get some new
tax revenue from legalized marijuana, legislators are able to in
essence put aside the issue of local control. That issue is likely
to be settled either by the courts or by a legislative work group
charged with making a recommendation for the 2016 session.
“We are reaching conclusions on this and I’m very encouraged by the
progress we have made,” said Sen. Ginny Burdick, D-Portland and
co-chair of the Legislature’s marijuana panel. The deal was revealed
in a series of amendments posted on the legislative website Monday
afternoon.
Scott Winkels, the chief lobbyist for the League of Oregon Cities,
said the tentative deal for a local tax of no more than 3 percent is
not ideal.
“But getting the tax on the books, we view that as a victory,” said Winkels.
The 3 percent would be on top of a state sales tax that legislators
on the marijuana committee have been moving toward. It would replace
a harvest tax on marijuana that was contained in the Measure 91
initiative approved by voters last November.
“Our intention in moving from the harvest to point of sale is not to
change the quantity of tax” charged to consumers, said Rep. Ann
Lininger, D-Lake Oswego, the other co-chair of the Joint Committee
on
Measure 91 Implementation.
Measure 91 also levied a harvest tax of $35 an ounce on flowers, the
most potent part of marijuana, $10 an ounce for leaves and $5 on
immature plants.
But legislators on the panel instead have moved toward a sales tax,
saying it would be more workable. For one, this would allow medical
marijuana which the state does not plan to tax to be sold
at the
same retail location as recreational marijuana.
Legislators are trying to figure out what sales tax rate would
produce the same amount of revenue as a harvest tax. Mazen Malik, an
economist for the Legislative Revenue Office, said 17 percent has
been included in draft legislation as a “reasonable rate,” but no
final determination has been made on whether it is indeed equivalent
to the harvest tax.
Measure 91 also said that only the state could tax recreational sales
of the drug. But some 70 cities approved ordinances before the
November election seeking to create a local pot tax.
Under the proposed deal, any local tax would have to be approved by
voters in a city or county.
A key legal case involving Cave Junction is already testing whether
local governments can prohibit medical marijuana dispensaries,
Winkels said. A state law allowing cities and counties to put a
one-year moratorium on dispensaries expired on May 1 and legislators
have argued over what kind of authority to give localities.
A measure that passed the Senate said localities could prohibit
dispensaries but gave local voters a way to overturn the ban. House
members of the marijuana committee have pushed their own proposal
requiring that any local ban go to voters.
Under Measure 91, only local voters could prohibit recreational
marijuana sales in a specific city or county.
The latest amendments released by the committee also remove language
that would call for a temporary recreational marijuana sales program
starting soon after possession becomes legal on July 1.
Instead, Burdick and Lininger said they expect that contentious issue
to be placed in a separate bill. They are considering a proposal to
allow recreational users to buy a limited quantity of marijuana at
medical marijuana dispensaries starting around Oct. 1.
The Oregon Liquor Control Commission, which is charged under Measure
91, with regulating recreational sales, said it won’t be ready to
allow retailers to open until the last half of 2016. The commission’s
chairman, Rob Patridge, has argued against allowing early sales.
__________________________________________________________________________
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---
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xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Thu, 11 Jun 2015
Source: North Coast Journal (Arcata, CA)
Copyright: 2015 North Coast Journal
Contact: letters@northcoastjournal.com
Website: http://www.northcoastjournal.com
Details: http://www.mapinc.org/media/2833
Author: Grant Scott-Goforth
ARE YOU EXPERIENCED? TM
Bills from our two state representatives lurched forward in the last
couple weeks. Assemblyman Jim Wood’s “Marijuana Watershed Protection
Act,” which would task water boards with developing marijuana
cultivation regulations, was passed by the Assembly and now moves to
the Senate. It was the first medical marijuana related bill to leave
its house this year, narrowly beating out state Senator Mike
McGuire’s “Medical Marijuana Public Safety and Environmental
Protection Act.” (Did they both buy the same bill-naming book?)
McGuire’s bill is further-reaching - “a regulatory framework for the
industry covering the issues of environmental protection and water
regulations, law enforcement, licensing, public health related to
edibles and product testing, to marketing, labeling, taxing,
transporting, zoning, local control and re-sale” - and will now move
to the Assembly.
A recent article in Fortune highlights how investment capital is
beginning to pounce on the fledgling legal marijuana market. The highlights:
There are 300 publicly traded cannabis companies in the U.S. - 10
times the number in existence two years ago.
Forty of those companies raised $95 million in 2014 and the first
quarter of 2015.
ArcView Group, a marijuana investment firm, recently dropped $41
million on 54 marijuana companies.
The company says legal marijuana sales reached $2.7 billion last year.
Privateer Holdings, another investment firm that holds Marley Natural
(the reggae-singer-branded bud company), has raised $82 million since
its inception.
Meanwhile, the likeness of another music great of the ‘60s is set to
grace the packaging of a weed-infused candy bar.
According to the San Diego Union-Tribune, a Toronto-based company
signed exclusive rights to sell edibles “using the song titles and
bearing the likeness of iconic guitarist Jimi Hendrix.”
Hendrix isn’t exactly a marijuana icon, though, aside from existing
in an era that’s celebrated for the weed by nascent
counter-culturalists. Indeed, Nutritional High’s CEO called Hendrix
one of “maybe five key artists associated with the psychedelic age.”
As the U-T puts it: “The products in question, which will be marketed
under the Edible Experiences banner, include ‘Purple Haze’ and ‘Stone
Free’ lines. Both are named after popular songs by Hendrix, neither
of which were about marijuana, but why quibble over technicalities?”
Hendrix’s estate hasn’t exactly been generous with rights to songs.
It famously refused to allow the Andre 3000-led biopic about Hendrix
to use any of the guitarist’s actual songs, though it let Citi Visa
use “Purple Haze” in a commercial last year.
But Nutritional High isn’t worried - apparently the company is
working with Hendrix’s brother, who owns a second company that sells
the rights to Hendrix’s likeness and song titles.
Citing the Bob Marley brand pot, Nutritional High’s CEO told the U-T
it was the “second major signing of an iconic music artist.”
Apparently, he’s not a Willie Nelson fan.
Nelson, as readers know, has his own brand of weed coming out, and
he’s as big a marijuana/counter-culture icon as they come. Not to
mention, he’s the only living musician so far to attach his name to
a product.
__________________________________________________________________________
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receiving the included information for research and educational purposes.
---
MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Thu, 11 Jun 2015
Source: Westword (Denver, CO)
Column: Ask a Stoner
Copyright: 2015 Village Voice Media
Contact: http://www.westword.com/feedback/EmailAnEmployee?department=letters
Website: http://www.westword.com/
Details: http://www.mapinc.org/media/1616
Author: Herbert Fuego
HOW DO I TELL MY FAMILY I SMOKE POT?
Dear Stoner: I’ve been smoking pot for a few years, but in the last
six months I’ve started smoking more as I drink less (I’m 25). My parents
have always been against marijuana, but I want to be honest with them if
I continue to partake. How should I break the news?
Beaver Cleaver
Dear Beaver: It’s hard to give specific advice, as I’ve never met your
parents - but honesty is usually the best policy. If you don’t see yourself
ending your cannabis use anytime soon, make sure you educate yourself before
starting the discussion. Don’t rant about pot’s ability to fight cancer
you don’t have or George Washington’s hemp garden; just tell them why it
benefits you. Does it help with anxiety? Pain? Sleep? Maybe talk about
an instance in which marijuana made your night better without putting you
in danger, as alcohol can. If you have a decent job and keep yourself
tidy, that might help their outlook, too. You want to take an unapologetic
stance while still being respectful of their questions and concerns.
My dad was almost forced to embrace cannabis after I got a job writing
about it, but not everyone is lucky enough to have supportive parents.
Some people refuse to change their mind regardless of how much you love
them, and some won’t approve of pot no matter how you spin it. If all else
fails, slap a Mary’s Medicinals transdermal patch on your dad the next
time his back aches and tell him it’s Icy Hot. The results may speak for
themselves.
Dear Stoner: I don’t like smoking, but I hate how long edibles take
to kick in. Do you know of anything I don’t need to smoke that will still
help my achy knees faster?
Liz
Dear Liz: These kinds of questions are best asked at your dispensary;
any decent budtender should be able to assist you after hearing the specifics
of your ailments. But if you don’t trust salespeople, here are the basics.
Tinctures are a great way to achieve a quick high without putting smoke
in your lungs. Extracted with alcohol or vegetable oils, tinctures are
high concentrations of THC in liquid form. Put a few drops of marijuana
tincture under your tongue and the THC will enter your bloodstream almost
immediately. The quick ingestion should give you a tingly body high within
ten to fifteen minutes. And this is another good use of Mary’s Medicinals;
those transdermal patches contain extracted THC and CBD for pain relief
and come in ten-or twenty-milligram dosages, so you can experiment with
how much medication you want and where you want it.
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Jay Bergstrom
xxx
Newshawk: Herb Couch
Pubdate: Wed, 10 Jun 2015
Source: Province, The (CN BC)
Webpage: http://drugsense.org/url/lBTHgh1B
Copyright: 2015 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Nick Eagland
Page: 3
CANADA DAY POT FEST DENIED ART GALLERY SITE
NO PERMIT: City Cites Construction in Area
Organizers behind an annual Canada Day pot fest in Vancouver were baffled
Tuesday to learn their event may go up in smoke because they can’t have
their usual spot.
Cannabis Day protesters have gathered at the Vancouver Art Gallery
every July 1 for two decades and organizers from Cannabis Culture Headquarters
began planning the event as usual months ago, but they were surprised to
learn a city staffer said their event, expected to draw more than 10,000,
won’t “work for that site on that date” this year.
“We’re not issuing a permit for the event,” said deputy city manager
Sadhu Johnston. “There’s going to be construction work happening on the
site at the time, so the site actually isn’t available to them. Hopefully
they’ll get the message and it won’t proceed.”
Johnston said if organizers go ahead with the event, the city will
coordinate with police on a response and take “appropriate action.”
“Organizations that are well-organized in this fashion can’t just set
up pop-up markets wherever they want. It’s far beyond a protest, which
is what they’ve been saying over the years. That’s not what this is. It’s
an organized event like many other events and they need to go by city process,”
Johnston said.
But Cannabis Day organizer Jeremiah Vandermeer said that organizers
and the city have been hashing out the details for a while and as far as
they knew, the event was still on.
“Nobody has informed us from the city at all, so it’s a complete mystery
to us,” Vandermeer said. “We have no indication that our event has been
superseded by construction. We hope that the city would get in contact
with us because we have an open relationship with them and we’ve had a
pretty close relationship with them to keep things safe there.”
Vandermeer said a cancellation this late in the planning process would
be a safety concern because protesters may still assemble on the grounds
whether or not organizers pull the plug. He said that while the city hasn’t
issued Cannabis Day an event permit in the past, organizers have received
informal letters from the city outlining expectations for the unsanctioned
but “constitutionally protected” protest.
In a release sent out May 28, the police urged promoters of large,
unsanctioned events such as bike raves and outdoor concerts to work with
cops in advance and obtain proper permits to avoid being billed for policing
costs. Police said costs for policing the 4/20 pot protest and demonstration
on April 20, attended by about 25,000, totalled about $50,000.
? with files from Postmedia News
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MAP posted-by: Jay Bergstrom
xxx
Newshawk: Herb Couch
Pubdate: Fri, 12 Jun 2015
Source: Metro (Ottawa, CN ON)
Copyright: 2015 Metro
Contact: ottawaletters@metronews.ca
Website: http://www.metronews.ca/Ottawa
Details: http://www.mapinc.org/media/4032
Author: Michael Woods
Page: 4
Referenced: Supreme Court Judgment (R. v. Smith):
http://mapinc.org/url/d2dzMbjW
POT USERS APPLAUD NEW RULING
Top Court Has Expanded Ways to Consume the Drug
Local medical marijuana users are applauding a Supreme Court of Canada
ruling that expands the ways licensed patients can consume the drug, including
one couple who say they no longer need to be looking over their shoulder.
Russell Barth and his wife Christine Lowe are both licensed medical
marijuana users. Barth suffers from fibromyalgia, a chronic pain condition,
and Lowe suffers from epilepsy. Both also suffer from post-traumatic stress
disorder.
Barth said this ruling is a big deal for them because as Lowe’s caregiver,
he treats her seizures using a vaping pen and cannabis concentrate oil
referred to as “shatter,” or dabbing wax.
It’s the most effective treatment for her seizures because she can
inhale a large amount of cannabis at once, he said.
“Having this device and this substance available to us has thwarted
countless big seizures,” he said.
Until Thursday’s ruling, federal regulations only allowed medical marijuana
users to consume dry marijuana. But now, medical marijuana can legally
be consumed in a range of ways - from cannabis-infused cookies and brownies
to cooking oils and tea.
He said his wife has five or six seizures a month and he needs to react
quickly, even if they’re in a public place like on a bus or at the grocery
store.
“The last thing I need during one of those sessions of me trying to
bring her back is a security guard or some cop giving me a hard time about
it,” he said.
Until Thursday, that was a really big fear of his, he said.
“Now I don’t have to worry about it as much as I did,” he added.
“This reduces a lot of my apprehension going out in public.”
with files from The Canadian Press
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in receiving the included information for research and educational purposes.
MAP posted-by: Jay Bergstrom
xxx
Newshawk: Herb Couch
Pubdate: Fri, 12 Jun 2015
Source: Nanaimo Daily News (CN BC)
Copyright: 2015 Nanaimo Daily News
Contact: letters@nanaimodailynews.com
Website: http://www.canada.com/nanaimodailynews/
Details: http://www.mapinc.org/media/1608
Authors: Geordon Omand and Terry Pedwell
Page: A14
Referenced: Supreme Court Judgment (R. v. Smith):
http://mapinc.org/url/d2dzMbjW
COURT REJECTS LIMITS ON WAYS TO USE POT
Ruling Allows Drug to Be Consumed With Range of Methods
A former cannabis club head baker at the centre of a Supreme Court
of Canada ruling is both thrilled and relieved after the top court struck
down limits on what constitutes legally acceptable medical marijuana products.
The court ruled unanimously on Thursday that medical marijuana can
be legally consumed in a range of ways, from cannabis-infused cookies and
brownies to cooking oils and teas.
“I think across the country there will be a lot more smiles and a lot
less pain,” said Owen Smith with the Victoria Cannabis Buyers Club, whose
2009 arrest was the focus of the decision.
Smith was charged after police found hundreds of pot cookies and cannabis-infused
olive and grapeseed oils in his Victoria apartment. He was acquitted
at trial and won an appeal.
The outpouring of gratitude since the ruling was handed down has been
overwhelming, said Smith. He received a phone call from a mother who used
cannabis-infused oil to treat her daughter’s epilepsy.
“She was just overjoyed and in tears about the decision,” he said.
“It’s been emotional, that’s for sure.”
Not only was it a unanimous 7-0 ruling, but the court made a point
of attributing the written decision to the entire court - something the
justices do when they want to underline a finding.
It was yet another rebuke of the Harper government’s tough-on-crime
agenda.
Until now, federal regulations stipulated that authorized users of
physician-prescribed cannabis could only consume dried marijuana.
But limiting medical consumption to dried pot infringes on liberty
protections under the Charter of Rights and Freedoms, the court said.
“The prohibition of non-dried forms of medical marijuana limits liberty
and security of the person in a manner that is arbitrary and hence is not
in accord with the principles of fundamental justice,” said the written
judgement.
The initial trial judge in Smith’s case gave the federal government
a year to change the laws around cannabis extracts, but the court said
Thursday its ruling takes effect immediately.
Cheryl Rose, whose daughter Hayley takes cannabis for a severe form
of epilepsy, said the 22-year-old’s seizures have dropped dramatically.
Under the previous law, Hayley had to take 15 capsules of dried cannabis
daily.
Now, she will only have to take one concentrated capsule made with
oil.
“Without having extracts available for her, I don’t think we’d be able
to keep it up. It’s way too much for a person to consume,” she said. “She’s
finally going to fully have her life back.”
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sat, 13 Jun 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Lee Romney
CULTIVATING RESPECT
A North Coast Proposal Is Aimed at Ensuring That Marijuana Growers
Are Regulated Like Any Other Sector
WILLOW CREEK, Calif. - The parking lot at the golf course began filling
by evening - a procession of raised trucks coated in backcountry dust,
an aging red Honda with a “Forever Stoked” bumper sticker.
But the 150 or so visitors hadn’t come to this Humboldt County hill
town to play a round. They were marijuana growers, seeking to learn how
to do the right thing for watersheds increasingly strained by the state’s
epic drought.
Pamphlets on best practices to achieve sustainability in the “green
rush” and primers on registering water rights covered a table inside the
bar.
The event was organized by California Cannabis Voice Humboldt, the
600member affiliate of a statewide political action committee formed last
year. The theme: stepping out of the shadows to get regulated.
“I’ve lived my whole life an outlaw, and I’m not going to die an outlaw,”
Patrick Murphy, a bearded, 38-year-old cultivator who serves as the group’s
co-director of community outreach, told the crowd. “I’m going to
die a farmer, a proud farmer, a farmer of cannabis.”
The celebratory pig roast last month, where growers and non-growers
mingled with local politicians, comes as a transformation of sorts sweeps
cannabis country.
Marijuana cultivation is illegal under federal law and only narrowly
permitted under state medical marijuana law. With as many as 30,000 grow
sites in the state’s northern counties, selective criminal enforcement
has long taken place, and that is not expected to change.
But state regulators and local officials in the Emerald Triangle acknowledge
that the old way of doing things - which often paired environmental inspection
with criminal enforcement - has not yielded good results. Instilling fear
in growers, they say, has done little to encourage them to follow sound
environmental practices.
The concerns include silt runoff from poorly maintained roads and stream
crossings, improper use of fertilizers and pesticides, illegal water diversions
and inadequate water storage.
The new approach comes as drought threatens the endangered Coho salmon
and steelhead trout, lawmakers weigh a flurry of proposals to regulate
medical marijuana, and the question of legalizing recreational pot use
is expected to make it onto the November 2016 ballot.
The North Coast Regional Water Quality Control Board is poised to adopt
a program that would require all marijuana cultivators to register, pay
a fee, follow strict environmental guidelines and seek appropriate permits
from the California Department of Fish and Wildlife.
Prompted by Gov. Jerry Brown, it is believed to be the first effort
of its kind in the nation aimed at ensuring that marijuana growers on private
land are treated like any other sector by environmental regulators, regardless
of the legality of their crop.
The goal is to bring growers into the fold with collaboration and incentives
and not rely solely on enforcement once the damage is done.
Many Humboldt County growers surely will refuse to comply. Some are
outsiders from as far afield as Bulgaria who care little for the environment
or their neighbors. Others have lived through decades of criminal busts
and eradication campaigns and hold fast to their suspicions of government.
But a surprising number of growers are coming aboard, filing for permits
with state water and fish and wildlife agencies - and anticipating a day
when the black-market dollars that now flood the county will be legitimate.
It’s a day, Murphy imagined for the gathered crowd, when boutique
Humboldt County bud branded as “fish-friendly” will make it to market
? and schools and government programs will be flush with tax revenues
from the newly legal sales.
Come legalization, he added, that might just keep big money interests
from squeezing out thousands of Humboldt pot farmers known for the quality
product they have long produced.
“It’s time for us to show the rest of the community who we are,” Murphy
said. “We’re your friends, we’re your neighbors and, given the chance,
we can be the best contributing members of this community.”
A coordinated deal
The drought has added urgency to the regulatory push.
Research by the state Fish and Wildlife Department released in March
found that demand by marijuana-growing operations, estimated in gallons
needed per plant, had overwhelmed available water supplies in three of
four watersheds in Humboldt County. Streams had run dry, placing certain
threatened fish and amphibians at risk.
“We already are exceeding the capacity of our fisheries and a big,
big piece of that is drought,” said Scott Greacen, executive director of
the nonprofit Friends of the Eel River. “But it’s only in drought that
you see what the limits of the watershed are. We’re there. Big time.”
Complaints about grows began to surge five years ago, said Matt St.
John, executive officer of the North Coast water board. Inspections along
with demands for corrective action and penalties followed. Fish and Wildlife
was doing the same. But the problem demanded a broader, coordinated solution.
Brown took interest, and a pilot project was born, going into effect
last summer. The Legislature has funded it through June 2017, though the
Marijuana Watershed Protection Act written by Assemblyman Jim Wood (DHealdsburg)
would expand it and make it permanent.
It calls on the agencies to work together, educate growers and coordinate
enforcement actions that focus on bringing cultivators into environmental
compliance.
The centerpiece is the sweeping regulatory program now under consideration
by the water board. A vote is scheduled for August.
“I think we’re all aware that this is something completely different
than anything we have ever done before,” board member William Massey said
at a recent meeting. “We don’t care if it’s pot or pineapples [being grown].
It’s what it does to water quality.”
In addition to registering and meeting water-quality standards, growers
would have to store enough water in the winter to last from May 15 through
Oct. 31, when they would be barred from tapping streams.
The Fish and Wildlife Department, meanwhile, already has seen a jump
in requests for permits as they participate in joint enforcement actions
with water board counterparts.
Of 14 sites visited in January in the Eel River watershed’s Sproul
Creek, which has run dry the last two years, 90% of those targeted have
since applied, said Scott Bauer, a senior environmental scientist for the
Fish and Wildlife Department.
“Last year we could count them on one hand,” Bauer said. “This year
there are constant calls.”
Growing compliance
Key to the program’s success are outside watershed experts and civil
engineers who are authorized to serve as intermediaries, crafting water
resource protection plans and carrying out needed mitigation.
Including them, St. John said, puts more “eyes on the ground,” and
far more growers are likely to comply if they don’t have to invite government
inspectors onto their land.
Praj White, 42, is a civil engineer who grew up in Humboldt’s hills
and watched the weed industry bloom with “hippie redneck open farms,” burrow
underground during years of heavy enforcement, and now begin to “unfold
back into the daylight.”
The clients he visits have ranged from “fairly compliant,” he said,
to newcomers who “rented a bulldozer, found some area best suited to sun”
and proceeded to violate a host of stream and wildlife protection regulations.
On a recent day, White met an old-time grower in the Van Duzen watershed.
Two of his neighbors also showed up wanting evaluations and by midday “two
other trucks came and joined us.”
Greacen worried that the growers willing to comply represent “only
a fraction of the real industry,” and that agencies will never raise the
needed dollars through fees to properly enforce the myriad sites.
The environmental advocate is proposing that the water board cap all
but the smallest tier of grows by watershed, compelling cultivators to
work together to “fix the stuff you have collectively wrecked” before granting
additional permits.
But White believes that if a certified “salmon safe” product can be
tracked from farm to a legal marketplace, the good actors will begin to
turn in the bad.
More than two years ago, Murphy invited environmental regulators onto
his land to line up permits for an operation that would defy stereotypes
of growers as “eco-terrorists” - one with roads that don’t crumble into
streams and enough stored water to get through drought-stricken summers.
The duo has since been working to craft a county cannabis land use
ordinance for parcels larger than five acres. In April, their group hosted
State Board of Equalization members Fiona Ma and George Runner - who together
represent 53 of California’s 58 counties - to talk taxation.
“We’re craving not just regulation but aboveground benefits like crop
insurance, legal routes of sale, tax ID numbers,” Murphy said.
Out of the shadows
At the Willow Creek event, cultivators used to hiding behind locked
gates chatted with watershed experts about how to build up their soil to
prevent nutrient leaching, properly store rainwater and protect juvenile
salmon.
“It’s fascinating and terrifying,” said Terra Joy Carver, 31, who heads
the grower group’s women’s alliance and until a few months ago had never
told a stranger what she did for a living. “Yet Colorado and Washington
are about to tell us how to do this, and take away our whole heritage.
If we don’t stand up for who we are, we will lose it, and it’s not just
our livelihood, it’s our entire community.”
Carver has persuaded 150 women to sign on and is organizing training
on business plans, branding and marketing. In April, she helped build the
California Cannabis Voice Humboldt float for the Yes We Cann! parade
at Humboldt’s Cannifest - in blazing green.
It was, she said, “like our pride parade.”
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MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sat, 13 Jun 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Veronica Rocha
DID COP SNEAK A POT TREAT?
A video that appears to show a Santa Ana police officer eating a marijuana-laced
edible after a raid on a pot shop has prompted a police department investigation.
The video shows at least half a dozen officers entering the Sky High
Holistic dispensary May 26 with guns drawn, forcing customers to the ground.
The footage was released this week by an attorney representing the manager
of the dispensary.
Police can be seen on the video removing security cameras and playing
darts. One of the officers is shown examining what looks like an edible
before tossing it into his mouth and flashing a thumbs-up.
Marla James, the dispensary’s patient manager for the day, said she’s
not certain the officer ate a potlaced treat, but that it looked a lot
like a 420 bar or a Bhang Chocolate bar - a potent marijuana sweet. The
officer, she said, had left the dispensary’s edibles room, which is stocked
with marijuana-infused treats.
If any of the officers are found to have consumed marijuana or otherwise
to have acted inappropriately, they could be disciplined or terminated.
James, a legally blind amputee who uses a wheelchair, accused the police
of causing $180,000 worth of damage to the dispensary during the raid.
The video shows one of the officers asking a female colleague, “Did
you punch that one-legged guerita?”
The officer replies, “I was about to kick her in her ... nub.”
James, a vocal medical marijuana patient activist, said she was forced
to sign off on a misdemeanor citation for operating a dispensary, even
though she told the same female officer she couldn’t read the ticket.
“It makes me really sad because I have always respected the police,”
she said. “What was done to me shouldn’t be done to anybody else.”
The raid was part of a search warrant obtained by Santa Ana police,
who were investigating the marijuana dispensary for operating illegally
in the city, Police Chief Carlos Rojas said. James said the marijuana was
operating legally and would remain open.
But Rojas said the dispensary was not permitted and that a cease-and-desist
order had been sent.
Police haven’t seen the full, unedited video but have requested a
copy. The video came from a hidden camera in the dispensary.
The edited video, Rojas said, raises concern. “Our expectation for officers
is that they act professionally at all time,” he said.
Rojas said he has pushed for a rapid internal affairs investigation.
If any wrongdoing occurred, the officers will be held accountable, he said.
But so far, he said “it doesn’t appear to be what people are assuming it
is.”
“I don’t think it’s fair to the officers to indict them based on an
edited video,” he said.
Rojas said it’s not uncommon for officers to eat their own snacks while
they are at the scene of a lengthy investigation. Still, he said the officers
would be tested for drugs.
“We will ensure that all investigative protocols are followed to ensure
that no officer ingested any marijuana,” he said.
James said she plans to file a federal lawsuit next week.
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xxx
MEDICAL POT RESEARCHERS CONVENE
Medical marijuana researchers funded by the state will convene Saturday
at National Jewish Health to discuss what they know so far about pot as
medical therapy.
The symposium meets from 8 a.m. to noon with presentations on the safety
and effectiveness of marijuana treatment for a range of medical conditions,
including chronic pain, insomnia, epilepsy, post-traumatic stress disorder
and irritable bowel syndrome.
The symposium, accredited for continuing medical education for health
professionals, will also offer presentations from patients on their perspectives.
It ends with an interactive panel discussion and questions and answers.
National Jewish Health, Colorado Department of Public Health and Environment
and the Cannabis Outreach and Education Health Foundation are sponsors.
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sat, 13 Jun 2015
Source: Oregonian, The (Portland, OR)
Webpage: http://drugsense.org/url/uoSeAs1E
Copyright: 2015 The Oregonian
Contact: letters@oregonian.com
Website: http://www.oregonlive.com/oregonian/
Details: http://www.mapinc.org/media/324
Author: Jeff Mapes
LEGISLATIVE DEAL EASES WAY TO MARIJUANA SALES BANS IN ALMOST ALL OF
EASTERN OREGON
A sweeping bill to regulate the burgeoning marijuana industry in Oregon
is back on track after legislators agreed to make it easier to ban retail
pot sales in almost all of the state’s eastern counties.
Leaders of the marijuana committee agreed to give a powerful eastern
Oregon lawmaker language that would allow local governments in his region
of the state to ban medical and recreational marijuana shops without voter
approval.
Rep. Ann Lininger, D-Lake Oswego and co-chair of the House-Senate marijuana
committee, said Friday that the compromise “is not my top choice,” but
she said it was necessary to prevent the entire legislative package from
falling apart.
The new legislative language proposed for House Bill 3400 would allow
local governments to ban pot sales in counties where at least 55 percent
of voters opposed the Measure 91 marijuana legalization measure in 2014.
As it happens, 15 counties had that level of opposition—and all of
them are east of the Cascades. Senate Minority Leader Ted Ferrioli, R-John
Day, who earlier this week demanded that local governments get an easier
path to banning marijuana sales, represents all or part of eight of those
counties.
Ferrioli was traveling Friday and could not be reached for comment.
But his spokeswoman, Caitie Butler, said the Republican leader had indeed
signed on to the deal.
“Barring a catastrophe, I think they’ll be moving forward with it,”
she said.
Sen. Ginny Burdick, D-Portland, the other co-chair of the marijuana
committee, said it makes sense to let elected officials prevent legal sales
in areas where there is clearly strong opposition to the drug.
“It allows cities and counties to ban them but not lock it in stone,”
said Burdick, arguing that elected officials could more easily change course
down the road than if their voters supported a ban. She compared it to
the post-Prohibition era when many localities around the country continued
to ban the sale of alcohol. Gradually, the number of dry counties dwindled
as the culture changed.
Burdick noted that cities and counties in other areas in the state
could also ban marijuana sales under the legislative agreement—if they
get approval from their voters. Voters in those 15 eastern Oregon counties
could also overturn a pot ban by collecting the signatures needed to take
the issue to the ballot.
With an apparent deal in hand, Burdick said she now hopes to move the
marijuana measure out of committee early next week. The panel also wants
to move ahead quickly on a bill that would levy a sales tax on recreational
marijuana sales instead of the per-ounce harvest tax included in Measure
91.
At this point, House Bill 2041 calls for a 17 percent state sales tax
and a provision allowing localities to add an additional 3 percent tax.
The issue of local control over marijuana has been a difficult one
for legislators. More than 140 cities and 26 counties blocked medical marijuana
sales after the Legislature allowed a one-year moratorium that expired
May 1. Many local governments are continuing to ban these dispensaries
or adopt stringent requirements that make them impractical.
Measure 91 says that only voters can ban the sale of marijuana in a
city or county. But city and county lobbyists argue that language won’t
stand up in court, in large part because the measure tries to force local
governments to accept a business that is illegal under federal law. Retail
sales for recreational marijuana may not start until late next year, although
possession will become legal July 1.
“That (federal illegality) puts a different layer on things,” said
Burdick, adding that it helped drive her to accept disparate rules in different
parts of the state.
Burdick also said that Anthony Johnson, the chief sponsor of Measure
91, was involved in negotiations over the latest compromise and played
a role in setting the 55 percent threshold.
Seven counties voted against Measure 91 with less than 55 percent voting
no. Douglas County was less than one-half of 1 percent below the threshold.
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xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sat, 13 Jun 2015
Source: Washington Post (DC)
Copyright: 2015 The Washington Post Company
Contact: letters@washpost.com
Website: http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Authors: Clarence Williams and Peter Hermann
D.C. SHIFTS ITS AIM TO BIG DRUG SUPPLIERS
Residents’ Responses Range From Praise to Skepticism
Citing disappearing open-air drug markets and new ways narcotics are
being sold, D.C. Police Chief Cathy L. Lanier says she wants her detectives
to concentrate on suppliers and not streetcorner busts that have long been
a staple of policing across the country. The strategy shift, outlined at
a community meeting Thursday, will eliminate most of the plainclothes operations
police have used for decades to target outdoor drug sales, magnets for
drive-by shootings and other violence. Coming at a tense moment in the
nation’s relations between police and the public, it could also ease confrontations
involving officers not immediately identifiable as law enforcement. It
is an admission that some tactics - which were viewed by some critics as
heavyhanded even when the crack epidemic sparked record numbers of homicides
- no longer make sense amid a decline in fatal shootings and the availability
of synthetic narcotics sold over the Internet, through social media and
in convenience stores. “Our main goal is the supply,” Lanier told about
three dozen residents at the community forum in Northeast Washington. “We
don’t want to focus police efforts on just people who are addicted. We
want to be focusing on the people who are bringing the stuff in.” In an
interview, she added: “Our criminal environment is changing rapidly.
We have to keep up.” The plan would eliminate District vice squads - each
with about 20 detectives and supervisors - and shift higher-level investigations
to the centralized Narcotics and Special Investigations Division.
Police will continue undercover operations, but as much as possible,
Lanier wants police to be identifiable when making arrests.
The changes are resulting in praise from experts pushing for innovation
in policing, guarded optimism among activists who have complained about
aggressive police tactics and skepticism from the head of the union representing
the District’s rank-and-file officers.
Although D.C. police have escaped the controversies and tumult other
cities have experienced after the deaths of black men at the hands of law
enforcement - such as in Baltimore, Cleveland, New York and Ferguson, Mo.,
- critics have complained that in the District, plainclothes officers jump
from unmarked cars to roust suspected people, innocent and not, on street
corners. Lanier has said specialized “jump out” squads have not been used
in some time. She has previously said that in some cases, officers are
responding to 911 calls or searching for particular suspects. Residents
may also see officers from other agencies, she has said.
Monica Hopkins-Maxwell, executive director of the Washington office
of the American Civil Liberties-Union-whose staff has said D.C. officers
are too aggressive in poor, high-crime neighborhoods-called Lanier’s changes
a “good first step.”
“It is a very clear message that the strategies employed by the MPD
have not been effective, whether it has to do with the changing nature
of crime, of drugs or the community response,” Hopkins-Maxwell said.
But Delroy Burton, chairman of the union that represents the District’s
officers, said there could be a negative effect on neighborhoods. The changes
mean that police district commanders “won’t have as many options to deal
with minor drug problems” that don’t merit attention from the larger squad
focused on the city.
Lanier said she wants to focus on drugs that pose major public-safety
threats.
Police say they believe that PCP, club drugs such as MDMA (also known
as ecstasy or Molly) and other synthetic drugs are the latest problems
and require new approaches. The Internet is used in the supply line for
many of those drugs. Heroin also has caused concern because of a high number
of overdoses nationwide.
Authorities in the Washington area have traced PCP from the West Coast,
club drugs like MDMA to local bathtub labs and synthetic drugs from as
far away as China, Lanier said. Police have been able to seize large quantities
of synthetic drugs in recent years, including 137 kilos in 2013, 120 kilos
in 2014 and, so far this year, 25 kilos.
Marijuana, although still illegal to sell, is legal to possess in the
District and use in small quantities, and police have largely stopped targeting
the drug.
Police say that in the early 2000s, they identified 210 open-air drug
markets in the District. Today, few operate in the open, Lanier said.
Homicides have also decreased. The District recorded annual killings in
the 300s and 400s during the late 1980s and through much of the 1990s,
when crack was rampant. Those numbers are now in the low 100s.
“The criminal enterprise has changed. The criminals have gone high-tech,
so our methods have got to go high-tech, too,” Lanier said.
The chief has hinted at the department’s changes during community meetings
and before the D.C. Council, and other cities have taken similar approaches.
Among the first was High Point, N.C., a city of about 110,000 outside Greensboro,
which created its Drug-Market Initiative.
Police there identified drug markets and arrested the handful of dealers
with the most significant records. They told others to change or face jail
time and then started working with residents to address the smaller, quality-of-life
crimes. “Like every other police department, we would do a zero-tolerance
sting or a street sweep,” said Capt. Tim Ellenberger, who runs High Point’s
major crimes division.
“While those operations seemed on the face of it productive, they clogged
the justice system, felonized people not driving the violence and angered
the people who lived there. . . . We weren’t making anything better.”
Now, Ellenberger said, “we target the people responsible for the violence
surrounding a drug market. It’s fairer to the residents. It’s smarter
policing.”
John DeCarlo, an associate professor at John Jay College of Criminal
Justice in New York and a former police chief in Branford, Conn., said
that “focused deterrence works better than a general war on drugs.”
The retired 34-year police veteran said “the whole face of drug markets
has changed. . . . On the dark Web, you can buy and have delivered to your
house just about any drug you can think of. It’s child’s play.”
Reducing confrontations between police and residents who often feel
under siege will have added benefits, DeCarlo said.
Lanier has made no secret that the changes are, in part, to help improve
relations with the community, saying she is “committed to a strategy that
focuses on less crime and less arrests.”
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xxx
Newshawk: Herb Couch
Pubdate: Sat, 13 Jun 2015
Source: National Post (Canada)
Copyright: 2015 Canwest Publishing Inc.
Contact: http://drugsense.org/url/wEtbT4yU
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Gertie Pool
Page: A16
DEMOCRATIC DICTATORSHIP
Re: ‘Outraged’ By The Supreme Court, June 12. Are the justices of the
Supreme Court of Canada stepping over their judicial limitations?
Never before in the history of Canada has any of them been able to declare
any drug safe for medicinal purposes without the formal authorization to
market or distribute a medicine without a notice of compliance issued by
Health Canada. The court’s recent approval of the marijuana drug sales
without the approval of Health Canada is a strange phenomenon indeed. It
strikes me more like a democratic dictatorship then anything else. Is there
anyone who holds these judges accountable and how? One can only wonder
just who runs the country - the government or the Supreme Court judges.
Gertie Pool, Abbotsford, B.C.
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xxxxx
Newshawk: chip
Pubdate: Sat, 13 Jun 2015
Source: Wall Street Journal (US)
Copyright: 2015 Dow Jones & Company, Inc.
Contact: wsj.ltrs@wsj.com
Website: http://www.wsj.com/
Details: http://www.mapinc.org/media/487
Author: Harvey Silverglate
Note: Mr. Silverglate, a Boston criminal-defense and civil-liberties
litigator, is the author of Three Felonies a Day: How the Feds Target the
Innocent” (Encounter, second edition 2011).
When Treating Pain Brings A Criminal Indictment
Lessons from the recent acquittal of a doctor and nurse-practitioner
accused of overprescribing drugs.
Federal drug-enforcement officials have made it a serious felony for
doctors to overprescribe painkillers or, as the applicable law states,
to prescribe controlled substances “other than for a legitimate medical
purpose and in the usual course of professional practice.” But the line
between legitimate and illegitimate prescription - as drawn by the Drug
Enforcement Administration (DEA) and the Justice Department - is far from
clear. This puts physicians in great legal jeopardy, and too often leaves
their patients to suffer needless agony.
Last month a federal jury in Boston acquitted pain-relief specialist
Dr. Joseph Zolot and his nurse-practitioner Lisa Pliner of overprescribing
oxycodone, methadone and fentanyl. This prosecution shows why drug warriors
need either to clarify the currently indecipherable line between treating
pain and unlawfully feeding drug addicts’ habits, or get out of the business
of policing and terrorizing physicians. Unfortunately, the government uses
legal ambiguity for tactical advantage and will not readily clarify the
lines it expects doctors to follow at their peril.
Dr. Zolot and Ms. Pliner were indicted in 2011 for their treatment
of six patients between 2004 and 2006. They faced lengthy, consecutive
sentences of up to 20 years for each count if convicted. Prosecutors alleged
that the two providers recklessly dispensed narcotic painkillers without
legitimate medical purpose and were, in effect, dealing. The two pleaded
not guilty, maintaining that their prescription practices were proper,
and that they were not responsible for their patients’ subsequent abuses.
The jurors unanimously agreed.
The jury’s rebuke is not likely to end the harassment of physicians
who specialize in pain management. Drug warriors collect the scalps of
doctors whom they accuse of violating the laws; they have no concern in
aiding in the relief of patients’ suffering.
In August 2004, after repeated urging, the DEA finally released guidance
for the administration of narcotic analgesics. Its pamphlet, produced in
cooperation with the medical community, was titled “Prescription Pain Medications:
Frequently Asked Questions and Answers for Health Care Professionals and
Law Enforcement Personnel.” Even if physicians disagreed with the
line between legitimate medical practice and criminal over-prescription,
at least they had notice of where the government drew the line.
But the DEA’s support of the guidelines was withdrawn less than two
months after they were posted on the government’s website. And so doctors
were left with no official guidance about how much OxyContin is enough
to relieve their patients’ pain, and how much could land them in prison.
The DEA’s retraction coincided with the federal prosecution of Virginia
pain physician Dr. William Hurwitz, who was eventually convicted. The timing
struck many observers as suspicious - did prosecutors realize that Dr.
Hurwitz’s lawyers could claim that his prescribing practices conformed
to its guidelines? The DEA has refused to explain why it withdrew its support,
and the agency has issued no further guidance.
The prosecutions of Drs. Hurwitz and Zolot, nurse Pliner and others
have ramifications that extend beyond the medical professionals unlucky
enough to be caught in the DEA’s web. Doctors are increasingly afraid to
prescribe certain drugs to patients who might seriously need them.
According to a 2005 survey conducted by USA Today, ABC and Stanford
University Medical Center, only half of chronic pain sufferers, including
cancer patients, report that their doctors are adequately relieving their
pain. “It’s a criminalization of medicine,” Ms. Pliner told
one Boston reporter after the trial, adding that she was afraid, at least
for now, to work as a nurse practitioner.
Dr. Zolot’s lawyer, Howard Cooper, released a statement from his client
saying that he hoped that other doctors “oewill realize that they should
not be intimidated by the federal government in prescribing pain medication
to their patients who are suffering in chronic pain.”
Yet Dr. Zolot’s acquittal should not give the medical community much
comfort. It is probably an aberration, attributable to the Boston prosecutors’
failure to “flip” a witness. The government failed to convince nurse
practitioner Pliner to testify against her boss in exchange for favorable
treatment. Ms. Pliner believed that Dr. Zolot was a conscientious and caring
doctor and that neither of them had done anything wrong.
Experienced criminal-defense lawyers have endless stories of their
clients being offered favorable deals, even immunity from prosecution,
if they would provide incriminating testimony against higher-ups. The problem,
as Harvard Law professor Alan Dershowitzoften told his criminal-law students,
is that this practice teaches witnesses “not only to sing, but also to
compose.”
Defense attorneys in the 1980s and ‘90s argued that offers of deals
encouraged perjury and constituted obstruction of justice. These claims
met with brief success in some federal district courts but were overturned
at the appellate level, and the practice quickly resumed.
One lawyer in the Zolot case attributed the two defendants’ sticking
together to the fact that the two shared a special kinship: They were Soviet
refuseniks who came to America as political refugees and met in this country:.
“Both have a healthy mistrust of the government.”
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MAP posted-by: Jay Bergstrom
xxxxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sun, 14 Jun 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Robert Sharpe
Referenced: http://www.mapinc.org/drugnews/v15/n312/a01.html
GOVERNMENT’S POT DECEPTION
Re “What happened to the pot stigma?,” Opinion, June12
Seth Leibsohn and former U.S. drug czar William J. Bennett give the
“marijuana lobby” far too much credit for the growing support for marijuana
law reform.
It’s really simple: Most young adults have personally tried marijuana.
In doing so, they could not help but realize that our government has been
lying about marijuana for decades. Marijuana is not nearly as dangerous
(or exciting) as government propaganda suggests.
The so-called marijuana lobby is a recent development resulting from
successful state ballot initiatives to tax and regulate marijuana.
Legal businesses that pay taxes and take profits away from violent drug
cartels are the end result.
It’s personal experience that has led a majority of Americans to rightly
conclude that marijuana is safer than alcohol and does not merit a criminal
justice response.
Robert Sharpe
Washington The writer is a policy analyst for Common Sense for Drug
Policy.
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MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sun, 14 Jun 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Amina Khan
SYNTHETIC CANNABINOID DATA POINT TO HIGH RISK
Poison control centers report a surge in calls, prompting a new push
for tighter regulation.
Synthetic cannabinoids have been marketed as safe, legal, herbal alternatives
to marijuana, but the data from U.S. poison control centers say otherwise.
Poison center calls linked to synthetic cannabinoids surged roughly
fourfold in just the first few months of 2015, according to a report from
the national Centers for Disease Control and Prevention.
The sudden rise shows that tighter regulation of such substances is
sorely needed, according to the authors of the CD Creport.
“Multiple other recent outbreaks suggest a need for greater public
health surveillance and awareness, targeted public health messaging and
enhanced efforts to remove these products from the market,” the researchers,
led by CDC epidemiologist Royal Law, wrote in the center’s Morbidity and
Mortality Weekly Report.
Synthetic cannabinoids (whose aliases include synthetic marijuana,
Spice, K2 and Black Mamba) are made by spraying synthetic psychoactive
chemicals on to plant matter, which can then be smoked or consumed.
Because the producers of the psychoactive chemicals can continually
tweak their formulas, it can be hard for government regulators to keep
up.
The researchers analyzed the numbers from the National Poison Data
System, which tracks the monthly calls to all U.S. poison centers.
The number of calls in April had shot up to 1,501, a 330% increase from
the 349 calls made in January.
From January to May, poison centers received 3,572calls linked to synthetic
cannabinoid use, a 229% jump from the 1,085 calls received during the same
period in 2014.
A total of 626 calls reported that the synthetic cannabinoids had been
used with multiple substances; the top two were alcohol (144) and plant-based
marijuana (103).
Negative effects seemed to hit older users harder; those in their 30s
and older than 40 were more likely than those ages 10 to 19 to suffer “severe”
outcomes, the authors wrote. The median age of users was 26.
Among the commonly reported health effects: agitation (1,262), rapid
heart rate (1,035) and vomiting (585).
And for the 2,961 with a reported medical outcome, 335 (11.3%) suffered
either highly dangerous or potentially deadly effects; 15 deaths were reported,
up from five during the same period in 2014.
“The increasing number of synthetic cannabinoid variants available,
higher toxicity of new variants, and the potentially increased use as indicated
by calls to poison centers might suggest that synthetic cannabinoids pose
an emerging public health threat,” the study authors wrote.
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MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sun, 14 Jun 2015
Source: San Francisco Chronicle (CA)
Webpage: http://drugsense.org/url/HbmBzLb0
Copyright: 2015 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Lizzie Johnson
GET BAKED SALE OFFERS MARIJUANA MUNCHIES
More than 25 local cannabis businesses hosted a bake sale Saturday,
complete with “medical” marijuana-laced munchies.
The first Get Baked Sale, held at the SOMAStreat Food Park on 11th
Street, included food trucks and booths lined with all sorts of wares
? including Doritos, Chilean empanadas, ice cream sandwiches, pancakes
and macaroons - for holders of medical marijuana cards to sample. The event
featured cooking demonstrations and food-pairings with marijuana edibles.
The pointy green leaves symbolic of the plant were rife on clothing, posters
and stickers.
“This is truly the crumbling of an archaic symbol,” said Steve Medina,
stirring cannabis sugar into a cup of coffee. “As the walls and legal limits
have come down, the cannabis market has blossomed. It’s liberating.”
The sale comes as marijuana advocates move toward legalizing recreational
use of the drug with a ballot initiative planned for November. But possession
of marijuana is still a federal crime, and even in California, it is only
legal for medical purposes. Otherwise, possession of less than 1 ounce
of marijuana is an infraction, and larger amounts are considered a misdemeanor,
accompanied by up to six months of jail time. But the legal ramifications
of hosting a potentially illegal event didn’t perturb event organizer Morgan
Kelly.
“Everyone came prepared, and the planning went smoothly,” Kelly said,
noting that there were no police officers at the event. “We knew the laws,
followed them completely and had permission from the (city) health department.
Only card-holders can purchase products, so we made sure to have two doctors
on site for those who did not have” a medical marijuana card.
Tucked behind a transparent shower curtain, doctor Vanessa Niles did
medical evaluations and approved on-the-spot cards. The line for her booth
snaked around the corner. According to the evaluation form, people suffering
from any number of maladies, including HIV/AIDS, chronic pain, severe nausea,
arthritis and “any other chronic or persistent medical symptom,” could
receive a card.
“People are not interested in getting high,” Niles said. “They want
pain relief. It’s the idea that cannabis can be a special medication for
disease. I give a dosage, and I will even draw a picture of a cookie so
they know what portion to take.”
Keith Lucero, 58, from West Portal, said cannabis helps manage his
arthritis pain. His opinion of marijuana as medicine was influenced by
his father’s slow demise from cancer in the ‘90s.
“This is just the beginning,” Lucero said, eating a chocolate chip
cannabis pancake. “It would have been nice to have these products for my
dad all those years ago. Many people think this is just a recreational
drug, but it’s not. It’s a medicine, too.”
Local cannabis business owners echoed the sentiment. Many of the products
sold were labeled by the symptoms it would relieve, the amount of cannabis
it contained and a suggested serving size.
Kim Geraghty, who started Madame Munchery in January 2014, said labeling
and testing is the secret to a medically sound product.
“Seeing it treated as a legitimate product is so awesome,” she said.
“We want to be legal and transparent, which is why we have all of our macaroons’
potency lab tested. It’s a beautiful thing, not some sketchy back-alley
thing. It really has an important impact on people’s lives.”
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Newshawk: Herb Couch
Pubdate: Fri, 12 Jun 2015
Source: Guelph Mercury (CN ON)
Copyright: 2015 Metroland Media Group Ltd.
Contact: editor@guelphmercury.com
Website: http://www.guelphmercury.com/
Details: http://www.mapinc.org/media/1418
Page: A3
PRIVATE MARIJUANA LOUNGE CEASES OPERATIONS
GUELPH - A private marijuana smoking club that opened in downtown Guelph
in the spring has quietly ceased its operations.
DLR 420 Vapour Lounge, at 51 Macdonell St., opened in April, amid much
discussion, as the city’s first club where both recreational and medicinal
pot could be smoked.
The lounge was considered a private club where patrons paid a $5 fee
to be a member, allowing them to smoke their own marijuana. It did not
sell marijuana and there was no alcohol.
Owner Tony Veder declined to comment about the development when contacted
on Thursday.
When it first opened, Veder told the Mercury DLR 420 Vapour Lounge
was “a place for myself and people like me, who have medical prescriptions,
to hang out and smoke marijuana.”
He hoped to model it after popular pot cafes in Holland where marijuana
is smoked in a coffee shop atmosphere.
Veder rented pipes and vaporizers to people for use at the club.
Among the rules originally posted at the location, no tobacco products
or tobacco vapour products were allowed and guests had to be at least 18
years old.
The city commented at the time that there was no bylaw that would regulate
such a business.
Signage on street-front windows at the location suggest the site may
became the address of a clothing retailing business.
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Mon, 15 Jun 2015
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2015 The Press Democrat
Contact: letters@pressdemocrat.com
Website: http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Robert Digitale
SONOMA COUNTY MARIJUANA GROWERS URGED TO FORM UNITED FRONT
Sonoma County marijuana growers came together Sunday near Sebastopol
to talk about how their industry can come out of the shadows, flex some
political muscle and position itself for a day when its product becomes
legalized for all adults.
About 200 people gathered at the Sebastopol Grange for the first fundraiser
of the newly formed Sonoma County Growers Alliance.
Speakers exhorted listeners to get involved in both lobbying the Legislature
and in electing local officials who are sympathetic to their industry.
They pointed to the wine industry, the county’s top legal crop, as a model
to follow in developing a high-quality cachet and in influencing both state
and local politics.
The message, said Craig Litwin, a former Sebastopol mayor, should be,
“We’re here. We’re participating. We have money and we’re not going away.”
Litwin, a founder of Citizens for Responsible Access, a pro-marijuana
political action committee, said the flip side to getting recognized as
legitimate businesses is that growers won’t be able to flaut environmental
regulations by planting pot directly along creeks or diverting stream water
need for endangered fish. “I’m sorry, those days are gone,” he said.
California voters in 1996 passed an initiative allowing marijuana use
for medical purposes. But federal law doesn’t recognize such use, and until
recently federal officials have taken an aggressive stance toward pot cultivation
and sales.
Many present Sunday are looking ahead to 2016 for a possible state
ballot initiative that would legalize recreational use of the drug, as
has been done in Colorado, Washington, Alaska and Oregon. Speakers at Sunday’s
event said that in the event such a measure passes, laws should be in place
to make sure that the small growers who now form the industry will be able
to compete against large companies that may try to enter the market.
Sebastopol Councilman Robert Jacob, the owner of two Peace in Medicine
marijuana dispensaries in the county, said the time has come for the growers
and related businesses to “come out of the closet and say who we are.”
By forming alliances, he said, “that’s how we effect change.”
Speakers noted some growers still fear prosecution. Tawnie Logan, the
alliance’s executive director, joked that growers had told her they would
be wearing fake mustaches and dark glasses Sunday.
And talk Sunday acknowledged the shadowy nature that still surrounds
pot cultivation. One panel’s advice on operating a business in a “changing
landscape”: If you haven’t been reporting your revenues to the IRS, go
first to an attorney so he can hire an accountant who then will be immune
from testifying against you under attorney-client privilege.
In a brief interview, Logan acknowledged that for 15 years she helped
in the cultivation of cannabis in the county. Through the alliance, which
is still awaiting its official federal designation as a nonprofit, she
plans to provide regular gatherings to educate growers about key issues.
The alliance also will provide a platform to “help influence our economic
future.”
Sunday’s speakers included Assemblyman Jim Wood, D-Healdsburg, who
was credited with not only taking the first marijuana bill to the Assembly
agriculture committee but also winning its passage by the committee and
the entire body. The legislation is now being considered by the state Senate.
Wood said the county’s marijuana growers appeared “three steps behind”
those north of here.
He expressed surprise to find so many of the region’s growers backing
his efforts to place themselves under government oversight. Even so, he
expected that like other business people, in a few years they would be
asking him, “Dammit, what is with all these regulations?”
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Mon, 15 Jun 2015
Source: Bismarck Tribune (ND)
Copyright: 2015 Associated Press
Contact: http://www.bismarcktribune.com/forms/letters.php
Website: http://www.bismarcktribune.com
Details: http://www.mapinc.org/media/47
Author: James MacPherson,Associated Press
DAKOTAS TRIBAL LEADERS PITCHING POT AS ECONOMIC OPPORTUNITY
(AP) - Marijuana companies in California and Colorado have tabbed prominent
American Indian leaders from the Dakotas to help prod tribes across the
nation into the pot business.
Tex Hall, the former chairman of the oil-rich Three Affiliated Tribes,
and Robert Shepherd, former chairman of the Sisseton-Wahpeton Oyate tribe
in northeastern South Dakota and southeastern North Dakota, are trying
to recruit and assist tribes in producing high-grade marijuana products.
“Those who want to get in early are the ones who will really succeed,”
said Shepherd, the tribal relations officer for Denver-based Monarch America
Inc.
With 566 federally recognized Indian tribes in the United States, the
potential revenue for marijuana businesses is big, even though many native
leaders remain skeptical, Shepherd said. Elders especially are wary.
“It’s hard to deny the medical properties in cannabis,” Shepherd said.
“But the federal government has done a good job of portraying it as a horrible
drug. There is going to be a huge educational period for tribes.”
The prospect of pot on tribal land is made possible by a U.S. Justice
Department decision in December that allows Indian tribes, which are considered
sovereign nations, to grow and sell marijuana on their lands as long as
they follow the same federal conditions laid out for states that have legalized
the drug.
Hall, the former chairman of the Mandan, Hidatsa and Arikara tribes
in the heart of North Dakota’s booming oil patch, and Tim Wright, president
of Redding, California-based Wright Family Organics LLC, announced this
month that they have formed a partnership to “provide cultivation, manufacturing,
dispensing, processing, testing and regulatory support” for tribes interested
in marijuana businesses on reservations.
Hall “has the power of influence, he is a wonderful leader and a wonderful
spokesperson,” Wright said.
Hall did not return repeated telephone calls seeking comment.
“Throughout my career, I have fought for advancement and sovereignty
of Indian tribes,” Hall said in a statement. “And a lot of that time was
focused on economic development because that is what our people need and
deserve.”
Hall is a three-time chairman of the Three Affiliated Tribes on the
Fort Berthold Reservation, which accounts for about a third of the
1.1 million barrels of oil produced daily in North Dakota. He was defeated
in the tribal primary last year, after increased criticism from tribal
members over his personal business dealings, alleged conflicts of interests,
how his administration spent money earned from oil and a lack of transparency
in government.
Money from the marijuana enterprises - which backers believe could dwarf
tribal gambling revenue in time-can be funneled back to the tribes to address
shrinking federal grant dollars, much of which is needed for substance
abuse programs in Indian Country, Shepherd said.
Wright and Shepherd said their companies have yet to ink any deals
with tribes.
A few other Native Americans also are attempting to get tribes into
the marijuana business, but Shepherd said he and Hall are likely the only
ones who have held national-level posts with Indian organizations. Shepherd
is a former secretary of the National Congress of American Indians and
Hall has served two terms as president of the group that bills itself as
the “oldest, largest and most representative American Indian and Alaska
Native organization.”
Wright said his company is focusing on tribes in 23 states that have
laws allowing medical marijuana. In those states, he also sees medical
marijuana clinics to help native and non-natives deal with various maladies,
such as post-traumatic stress disorder.
Pot remains illegal in all forms in the Dakotas.
Sam Deloria, board chairman of the American Indian Law Center in Albuquerque,
New Mexico, said he knows of no tribes that have successfully started a
marijuana business on tribal land.
Most tribal leaders are split over whether the idea is “marketing tribal
sovereignty” or “marketing a vice,” said Deloria, member of the Standing
Rock Sioux Tribe, which straddles the North Dakota-South Dakota border.
“Nobody has put together a package yet to get that money without a
downside,” he said. “In a way I’m proud tribes are thinking about this
but I hope everybody has moral concerns. If I were a tribal chairman, I
wouldn’t do it. It might mean losing the next election.”
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Mon, 15 Jun 2015
Source: Garden City Telegram (KS)
Copyright: 2015 The Garden City Telegram
Contact: thebuzz@gctelegram.com
Website: http://www.gctelegram.com/
Details: http://www.mapinc.org/media/1476
Author: Angie Haflich
BANDA TURNS HERSELF IN AS ATTORNEY AND SUPPORTERS SPEAK OUT
As she approached the Finney County Sheriff’s Office Monday, Shona
Banda, the local medicinal marijuana advocate who gained national attention
after the state took custody of her son, was surrounded by supporters,
including Jennifer Winn, the Republican candidate who challenged Gov. Sam
Brownback in last August’s primary.
Banda, accompanied by her attorney Sarah Swain and several others,
turned herself in at the Law Enforcement Center at 2 p.m. Monday.
Several local media outlets gathered outside along with other supporters.
Banda was charged June 5 with endangering a child, distribution or
possession with intent to distribute a controlled substance within 1,000
feet of school property, unlawful manufacture of a controlled substance
and possession of drug paraphernalia.
Three of the charges are felonies and Banda faces a potential sentence
of 11 to 17 years.
Following her client’s surrender, Swain held a press conference where
she fielded questions about the case, Banda’s health, and the status of
the child-in-need-of-care custody case involving her 11-year-old son.
Swain believes the combination of charges, because of their respective
severity levels, could land Banda in jail for more than 30 years if she
is convicted and sentenced.
“If she is sent to prison and does not have access to the treatment
that she was using that cured her of her Crohn’s disease and allowed her
to live a somewhat normal life, it’s absolutely the equivalent of her being
sentenced to death,” Swain said.
Banda became a well-known local figure for her use of cannabis oil
in treating Crohn’s disease and authored a book on the subject titled,
‘Live Free or Die.’ She has also appeared in YouTube videos and in online
articles on www.naturalnews.com, sharing her knowledge of and belief in
the medicinal benefits of cannabis oil.
Swain said Banda’s health has been deteriorating without cannabis oil,
citing a dramatic weight loss and a need for oral surgery to address mouth
infections that were held at bay when she used cannabis oil.
“So her health is not good. And I think it will only continue to deteriorate
as this case drags on and as we take the time necessary to really fight
it and fully litigate all of these issues,” Swain said.
Swain had no information about the status of Banda’s son’s case because
Banda is being represented by a different attorney on that matter. She
said Banda’s son is still in state custody.
Swain also said Kansas should stop classifying marijuana as a Schedule
1 drug like cocaine and methamphetamines.
Schedule 1 drugs are drugs classified as having no medicinal benefits,
Swain said, adding that it is been well-established that marijuana has
been found to be effective in treating cancer, Crohn’s disease and seizures.
“The fact that this country continues the war on drugs, which is really
just a war on families and a war on the poor, is absolutely ridiculous,”
Swain said.
Swain said her goal is to not just change the way Banda is treated
in Garden City, but to take the case all the way to the United States Supreme
Court if necessary to change the way marijuana is categorized.
Jennifer Winn, the Republican candidate who lost the Republican primary
to Gov. Sam Brownback last August, traveled from Wichita to show her support
for Banda.
“I’m hoping that Sarah, alongside Shona - and once the facts are truly
all presented - that we can actually challenge the constitutionality of
this prohibition in its entirety,” Winn said.
Christopher Burley, Care2 Senior Campaigns Manager, traveled from Colorado
to support Banda.
Care2 is an online petition set up by friends of Banda’s, Jessica and
Terri Boone, urging local law enforcement and DCF officials to waive charges
against Banda and return her son.
“These messages have been been sent electronically already to no response
from the Finney County prosecutor. The Department of Children and Families
have not responded to these public comments,” Burley said, adding that
it had also been forwarded to Gov. Brownback’s office, but that there
had been no response.
Banda posted $50,000 bond on Monday. Swain credited a gofundme account,
a fundraising website established on behalf of Banda, for helping to raise
money for the bond.
“And I would encourage people to continue to show their support of
her by continuing to donate to the gofundme,” Swain said.
According to Swain, Banda’s first appearance is scheduled at 8:30 a.m.
this morning at the Law Enforcement Center.
Swain expects to have access to all police reports and discovery materials
after Banda’s first appearance.
“I will be able to start reviewing all of that and formulating my strategy
for defending her in court,” Swain said.
The drug investigation involving Banda and her son resulted from comments
Banda’s son made during a drug education program held March 24 at his school,
Bernadine Sitts Intermediate Center, that led to the Department of Children
and Families and Garden City Police Department being contacted.
According to police, the boy said his mother and other adults were
avid drug users and that there was a lot of drug use occurring in his residence.
That led police to suspect drugs were present in the home.
Officers and DCF officials went to Banda’s home the same day and Banda
initially denied them consent to search the residence.
After getting a search warrant, police found 1.25 pounds of marijuana
in plant, oil, joint, gel and capsule form and drug paraphernalia in the
home. Officers also found a lab used for manufacturing cannabis oil.
All of the items were within reach of the child, police said, prompting
law enforcement and DCF officials to remove the boy from the home.
Banda’s son initially was placed in the custody of his father, who
is separated from Banda. He was later put into protective custody on April
16. District Magistrate Judge Richard Hodson put a gag order on any and
all proceedings in the child-in-need-of-care case.
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Tue, 16 Jun 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Nigel Duara
LEGAL POT LAWS DON’T COVER WORKERS
A Colorado Court Rules That Businesses Can Fire Employees WHO Use Marijuana
During Their Off-Time.
The Colorado Supreme Court has ruled that businesses can fire employees
who use marijuana during their off-time, including those with a legal prescription
for medical pot.
In a case that has been closely watched by employers in some states
that have legalized marijuana for medicinal or recreational use, the Colorado
court found that Dish Network lawfully fired a quadriplegic employee and
medical marijuana user who failed a drug test. Customer service representative
Brandon Coats, 35, used marijuana in his offtime to deal with painful muscle
spasms.
The court ruled that the federal prohibition on pot makes the drug
unlawful despite Colorado’s approval of its use for medicinal purposes.
The ruling, while not binding in other states, adds to a series of court
losses by medical marijuana patients who lost their jobs after using pot.
Coats sued after he was fired on June 7, 2010, alleging wrongful termination.
He argued that marijuana was made “lawful” for the purposes of employment
law when Colorado voters legalized it for medicinal use in 2000. Voters
legalized it for recreational use in 2012.
A trial court dismissed Coats’ suit, saying the state’s legalization
of medical marijuana only provides a defense against criminal prosecution,
and does not make the use of marijuana a “lawful activity” that is protected
against employment discrimination.
When the case went to the Colorado Court of Appeals, justices differed
with the trial court’s reasoning, but still found that Coats was rightfully
terminated because marijuana is prohibited by federal law.
The Colorado Supreme Court agreed with that reasoning, voting 6 to
0 with one abstention.
“Nothing in the language of the [employment] statute limits the term
‘ lawful’ to state law,” wrote Justice Allison H. Eid. “Instead, the term
is used in its general, unrestricted sense, indicating that a ‘lawful’
activity is that which complies with applicable law, including state and
federal law.”
Coats said in a statement that the decision was a setback for him personally,
but advanced the cause of medical marijuana patients in the workplace.
“If we’re making marijuana legal for medical purposes, we need to address
issues that come along with it such as employment,” Coats said. “Hopefully
views on medical marijuana - like the ones in my specific case - will change
soon.”
Dish Network did not reply to multiple phone inquiries.
Colorado Atty. Gen. Cynthia Coffman, whose office filed friend-of-the-court
briefs on behalf of Dish Network, lauded the decision because it gave employers
complete control over drug use in the workplace.
“Not every business will opt for zero tolerance,” Coffman said Monday,
“but it is important that the latitude now exists to craft a policy that
fits the individual workplace.”
The federal Americans With Disabilities Act is meant to protect employees
from discrimination based on a medical condition. But the ADA doesn’t protect
employees from losing their jobs after testing positive for marijuana because
the drug is still listed next to heroin, LSD and Ecstasy on the federal
government’s list of Schedule I drugs, its most dangerous category.
Despite the state’s relaxed view on pot, the Colorado Constitution
states that employers don’t have to amend their policies to accommodate
employees’ marijuana use.
In some other states, employment protection is built into the marijuana
law. Such employment protection statutes often serve to dissuade employers
from taking action against medical marijuana patients, keeping the matter
out of court, said Karen O’Keefe, director of state policies at the Marijuana
Policy Project, an advocate of legalization.
Patients in Rhode Island, for instance, may not be denied school enrollment,
housing or employment because they are medical marijuana cardholders.
“The issue has only been litigated in some medical marijuana states,
so it’s not clear which ones might ultimately be found to protect patients
from employment discrimination,” O’Keefe said.
Arizona, Delaware and Minnesota offer the strongest protections for
medical marijuana patients, she said, adding that the Colorado Supreme
Court’s decision could serve as guidance in other states.
“For those states with similar language, it could have an impact,”
she said.
The California Supreme Court ruled in 2008 that employers may fire
workers who test positive for marijuana, finding that the state law protections
don’t extend to employment.
Leland Berger, an Oregon attorney who helped underwrite that state’s
marijuana legalization law, said he and other drafters of the pot measure
deliberately left out employment protection for political reasons. “It
never would have passed otherwise,” Berger said.
Berger said he advised his clients that the law was limited in what
it protected: forfeiture, arrest and prosecution, but not the right to
employment.
Even in states where employment protections exist, there is no guarantee
that employees fired for marijuana use will prevail in court.
Joseph Casias of Battle Creek, Mich., was using marijuana for the pain
associated with an inoperable brain tumor. When he twisted his knee at
his job at Wal-Mart, he was ordered to take a drug test. Casias told
his manager about his marijuana use, but was fired days later, per company
policy.
He sued, and lost, in court for the same reason Coats lost his job
- the federal ban on marijuana trumped state law.
“The case and many others like it highlight the gray areas and legal
fixes needed in Colorado and other states that have reformed their marijuana
laws,” the pro-marijuana Drug Policy Alliance said in a statement Monday.
“Any rights bestowed upon civilians by state law fall far short of fully
protecting medical marijuana patients and legal adult users of marijuana.”
In addition to Colorado, recreational pot use is legal in Washington
state and Alaska and will be legal in Oregon on July 15.
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Tue, 16 Jun 2015
Source: Honolulu Star-Advertiser (HI)
Copyright: 2015 Associated Press
Contact:
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
TEENS’ USE UNALTERED BY LEGAL MEDICAL POT
NEW YORK (AP) - Medical marijuana laws don’t trigger an increase in
teen pot smoking, a new study concludes.
Some opponents of medical marijuana have said that legalizing the medicinal
use of marijuana could send a message to young people that smoking pot
is no big deal, ultimately encouraging them to experiment with marijuana
and harder drugs. Pot smoking by teens has been increasing, but the new
study suggests that medical marijuana laws are not the reason.
The research showed no significant increase in 21 states with medical
marijuana laws.
“Our findings provide the strongest evidence to date that marijuana
use by teenagers does not increase after a state legalizes medical marijuana,”
lead author Deborah Hasin, a researcher at Columbia University in New York,
said in a statement.
The study, published online Monday by the journal Lancet Psychiatry,
is based on an ongoing government-funded survey of eighth-, 10th- and 12th-graders
that asks about marijuana use in the previous month. The researchers reviewed
responses from more than 1 million students in 48 states, from 1991 through
2014.
They found that marijuana use tended to already be higher in states
that went on to adopt medical marijuana laws. But they did not see an additional
spike after the law was passed.
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