The Daily Californian, 11 Aug 2012 – Following a three month closure of the Berkeley Patients Group — the oldest and largest of Berkeley’s three medical cannabis dispensaries – — construction has begun at its new location on San Pablo Avenue just a few blocks away from where it used to reside. Although a date of reopening has not yet been determined, construction to renovate the interior and exterior areas of the new property at 2366 San Pablo Avenue in the commercial district has already begun.
posted on August 3, 2012 by
Congresswoman Barbara Lee Sponsors Legislation to End Federal Crackdown on Medical Marijuana
California Rep. Barbara Lee won’t be spooked by the Justice
Department’s aggressive curtailing of medical marijuana dispensaries in
her own backyard.
Lee, a top Democrat on the House Appropriations Committee, introduced
the States’ Medical Marijuana Property Rights Protection Act in
Congress this week, which she says would curb the Obama Administration’s
efforts to intimidate state medical marijuana dispensaries from setting
up shop.
"The people of California have made it legal for patients to have
safe access to medicinal marijuana and as a result thousands of small
business owners have invested millions of dollars in building their
companies, creating jobs, and paying their taxes," Lee says. "We should
be protecting and implementing the will of voters, not undermining our
democracy by prosecuting small business owners who pay taxes and comply
with the laws of their states in providing medicine to patients in
need."
The bill will make it illegal for the federal government to seize the
assets of medical marijuana business owners, a tactic DOJ has begun
using to crack down on pot shops. While DOJ rarely takes legal action
against businesses that comply with their local and state laws,
Americans for Safe Access, a group that is committed to legalizing
medical marijuana says the threat alone has been enough to scare roughly
400 medical marijuana dispensaries in the state of California to close
their doors.
The Justice Department has sent roughly 300 letters to landlords in
California and Colorado threatening to file lawsuits if they don’t stop
operating dispensaries.
"For the price of postage, the Justice Department gets to threaten an
entire population of property owners and it is a very effective
tactic," says Kris Hermes, a spokesman with Americans for Safe Access.
Lee announced her legislation just weeks after U.S. Attorney Melinda
Haag filed a lawsuit against Oakland and San Jose, Calif.-based medical
marijuana dispensary Harborside Health Clinic. Haag argues the clinics,
which serve about 100,000 medical marijuana users, could be violating
local laws because of the number of patients they provide pot to.
"The larger the operation, the greater likelihood that there will be
abuse of the state’s medical marijuana laws, and marijuana in the hands
of individuals who do not have a demonstrated medical need," Haag said
in a statement.
The asset forfeiture lawsuit caused an uproar in the community, with
thousands of signatures gathered for an anti-lawsuit petition drive,
protests, and political rallies.
"They won’t stop until they have closed every single regulated
law-abiding dispensary in California unless people rise up and say
enough is enough," says Steve DeAngelo, the executive director at
Harborside Health Clinic. But DeAngelo says it wasn’t always this way.
The federal government’s dogged pursuit of medical marijuana
dispensaries has escalated since 2009. On the campaign trail and at the
beginning of President Barack Obama’s time in office, medical marijuana
seemed low on the administration’s priority list. [Read: Report says medical marijuana dispensaries are not linked to neighborhood crime.]
"I think the basic concept of using medical marijuana for the same
purposes and with the same controls as other drugs prescribed by
doctors, I think that’s entirely appropriate," Obama said in the Spring
of 2008 during an interview with Oregon Newspaper, the Mail Tribune. "I’m not going to be using Justice Department resources to try to circumvent state laws on this issue."
Seventeen states and the District of Columbia have medical marijuana
laws and Americans for Safe Access estimates the Justice Department has
carried out roughly 200 raids on dispensaries or growing facilities in
nine states.
Hermes fears if the lawsuits persist, patients who need medical
cannabis could be forced into the unregulated drug market. "[Rep. Lee’s]
law would take the
wind out of the sails of the Justice Department to
intimidate dispensaries who are serving patients in need," Hermes says.
posted on August 3, 2012 by
Bill Would Stop the DOJ From Using Forfeiture to Shut Down Medical Marijuana Suppliers
Yesterday Rep. Barbara Lee (D-Calif.)
introduced a bill that would
stop the Justice Department from using civil
asset forfeiture threats to close down medical marijuana
dispensaries that are operating in compliance with state law. "For
more than a year," Americans for Safe Access notes,
"the DOJ has been engaged in a campaign to undermine
the implementation of state law by threatening real
property owners with asset forfeiture if they do not promptly
evict their state law-compliant medical cannabis businesses." Many
dispensaries in states such
California, Colorado,
and
Washington have closed as a result of these threats. Lee’s
bill, the States’ Medical Marijuana Property Rights Protection
Act, would add the following language to the Controlled Substances
Act:
No real property, including any right, title, and interest in
the whole of any lot or tract of land and any appurtenances or
improvements, shall be subject to forfeiture under subparagraph (A)
due to medical marijuana-related conduct that is authorized by
State law.
Deciding which conduct is authorized by state law may be
trickier in
California than in
Colorado, but here’s a crazy idea that might just work: Why not
let state officials make that call? The Obama administration should
have no problem supporting this bill, since it has repeatedly
said the Justice Department won’t be using its scarce resources
to target state-authorized medical marijuana suppliers. Except that
policy was never really carried
out. Quite
the
opposite,
in fact.
You might think legislation aimed at promoting federalism,
protecting property rights, and curtailing asset forfeiture abuse
would attract Republicans, but so far all the co-sponsors are
Democrats. Drug warriors have been warning us for decades that
marijuana impairs memory, and the clearest example is the way it
makes conservatives forget their principles.
posted on August 3, 2012 by
New bill would bar feds from seizing properties rented to medical marijuana businesses
A
Bay Area congresswoman’s new bill would bar federal prosecutors from
filing civil lawsuits to seize property from landlords whose tenants
comply with states’ medical marijuana laws.
"The people of
California have made it legal for patients to have safe access to
medicinal marijuana and, as a result, thousands of small business owners
have invested millions of dollars in building their companies, creating
jobs, and paying their taxes," Rep. Barbara Lee, D-Oakland, said in a
statement issued Friday by Americans for Safe Access.
"We should
be protecting and implementing the will of voters, not undermining our
democracy by prosecuting small business owners who pay taxes and comply
with the laws of their states in providing medicine to patients in
need," she said.
U.S. Attorneys for more than a year have been
threatening landlords of medical marijuana dispensaries with civil asset
forfeiture proceedings if they don’t kick their tenants out — more
than 300 such letters have gone to property owners in California,
Colorado and some of the 15 other states with medical marijuana laws.
Landlords
whose properties are seized this way can try to retrieve them in civil
court, but they’re not afforded many of the constitutional rights
granted to criminal defendants, such as the right to an attorney and a
jury trial. And the burden of proof is on the property owner to show
innocence rather than the government having to prove guilt.
Relatively few
of the prosecutors’ threats have led to actual civil asset forfeiture
cases, yet the pressure has caused many landlords to force dispensaries
to close.
Melinda Haag, the U.S. Attorney for California’s
Northern District, did serve an asset forfeiture lawsuit last month
against the landlord of Oakland’s Harborside Health Center, a dispensary
in Lee’s district. This wasn’t the first federal attack on Harborside:
The dispensary already had appealed an Internal Revenue Service’s
finding that it owed $2.5 million in back taxes because it can’t deduct
standard business expenses such as payroll and rent while violating the
federal ban on marijuana.
Haag has threatened civil asset
forfeiture actions against landlords of many other Bay Area dispensaries
as well. In San Francisco this week, local officials joined a "funeral
procession" to Haag’s office to mark the closing of two more
dispensaries forced to close due to her pressure on their landlords.
Lee’s
HR 6335 would prohibit the Justice Department from using civil asset
forfeiture to go after properties so long as the medical marijuana
tenants comply with state law; those in violation of state law would
still be fair game. Among the bill’s eight original cosponsors are Rep.
Mike Honda, D-Campbell, and Rep. Pete Stark, D-Fremont.
posted on August 3, 2012 by
Los Angeles City Council Bans Medical Marijuana Dispensaries
After years of experimenting with regulations and ordinances, the Los
Angeles City Council announced its harshest action yet in its struggle
with the city
posted on August 2, 2012 by
San Francisco Dispensary Closures: Activists Hold Funeral Procession For Shuttered Shops
Medical marijuana advocates were dealt the latest in a seemingly
endless blow to California’s cannabis industry Tuesday when two of San
Francisco’s most cherished dispensaries, the Vapor Room and HopeNet,
were forced to close their doors.
The following day, local pot enthusiasts made it clear they were none
too pleased by holding a funeral procession for the shuttered shops,
culminating in a rally outside U.S. Attorney Melinda Haag’s office,
located in the city’s federal building.
"The Justice Department’s attempts to undermine the implementation of
state law and to deny thousands of patients a safe and legal means to
obtain their medication must be stopped," Steph Sherer, Executive
Director of Americans for Safe Access, said in a statement. "U.S.
Attorney Melinda Haag must be held accountable for her actions."
Haag, along with other U.S. attorneys across the state, has been
targeting Bay Area dispensaries since the Justice Department launched an
aggressive crackdown on medical marijuana last fall. She cites the
businesses’ proximity to parks and schools as justification.
More than a dozen local pot shops and hundreds throughout California
have closed as a result, and thousands of jobs have been lost.
Californians became the first state to legalize marijuana for medical
use in 1996 after voters passed the landmark Proposition 215. Since
then, the industry has flourished into one that generates more than $100 million in tax revenue annually.
The drug, however, remains illegal under federal law, and the
current administration has made it a priority to go after medical
marijuana operations in states where it’s currently legal — a direct
about-face from President Barack Obama’s campaign platform.
The closure of The Vapor Room and HopeNet particularly hurts the
cannabis community, as both businesses served as more than just a place
to purchase marijuana. The Vapor Room provided a gathering space for
patients to socialize with one another, and HopeNet offered veterans
support groups, afternoon teas and a variety of life skills workshops.
"We like to think of ourselves as a family," HopeNet founder Cathy Smith told The Huffington Post in April after her shop received its first notice to vacate. "We don’t just sell pot here — we help people."
HuffPost reported:
According to Smith, the neighborhood surrounding HopeNet has
become dramatically safer in the nine years since her business opened
its doors. Crime has dropped significantly, largely due to the increased
presence of lighting and surveillance cameras her store installed in
order to adhere to the city’s strict regulations surrounding cannabis
clubs."Nine years ago I wouldn’t be open past 5 p.m. because I was worried
about our female customers," Smith said. "Now we’re open until 9. The
neighborhood has improved that much."So much, in fact, that a few years ago, a private school opened around the corner.
Last month, pot proponents gathered in Oakland to protest the Justice Department’s actions in light of President Barack Obama’s appearance at the nearby Fox Theatre.
But despite persistent demonstrations, the war on weed shows no signs of waning: The Los Angeles city council recently voted to ban dispensaries outright, and cannabis clubs all over California continue to receive warning letters from U.S. Attorneys.
The marijuana community vows it will continue to fight back.
"It’s only emboldening us and bringing us together," Tom Angell,
spokesperson for Law Enforcement Against Prohibition, explained to
HuffPost of the crackdown. "People who used to compete in the
marketplace are now standing shoulder to shoulder."
posted on August 2, 2012 by
Mayor Signs Pot Shop Ban
Mayor Antonio Villaraigosa on Wednesday signed an ordinance banning
storefront medical marijuana dispensaries, calling it the city’s
best option to preserve access to medical marijuana in the city.
The Los Angeles City Council last week unanimously approved the ban, which
allows for individuals or their caregivers to grow and
transport marijuana. It also allows for up to three patients or
caregivers to collectively grow and share cannabis in homes or
apartments, but not storefronts.
The law includes exemptions for hospices and licensed clinics, as
well as facilities and home health agencies where patients get "medical
care or supportive services."
The ordinance will eliminate a significant source of revenue for
the city, which is facing a $200 million budget deficit for the next
fiscal year. Dispensaries generated $2.5 million in tax revenue for the
city from 2011 gross receipts, according to Ben Ceja, a finance
specialist in the City Administrative Office.
"This ordinance is our best option to preserve access to
medical marijuana for patients while protecting public safety and
quality of life for all Angelenos," Villaraigosa said. "We look forward
to a clarification from the state Supreme Court on this vague and
ambiguous (state) law so the city can
effectively plan for the future."
The ban also has the support of Los Angeles police Chief Charlie
Beck, who told the City Council last week that the overwhelming number
of clinics have become for-profit operations that attract crime.
Villaraigosa and other City Council members say a shifting
legal landscape has made it nearly impossible to control the number of
pot shops in the city, estimated to be around 1,000. Poorly written
state law gave cities no direction on how to regulate the distribution
of marijuana, according to supporters of the ban.
With the mayor’s signature, the ordinance will go into effect in 31 days.
The 792 dispensaries registered to pay city taxes will receive a
letter from the city notifying them of the new ordinance and ordering
them to close.
The city will then go to court to seek closure orders for those that
do not shut down, starting with the "bad actors," the dispensaries that
have generated the largest number of complaints from residents.
In a contradictory move, the council last week also agreed to
move forward with a plan by Councilman Paul Koretz and Council President
Herb Wesson that would allow up to 182 dispensaries that existed prior
to 2007 — when the council placed a moratorium on new dispensaries —
to operate under tightened regulations.
All other dispensaries would be forced to close under the
proposal, which has strong support from the United Food and Commercial
Workers union. The plan, however, is still months away from being ready.
Opponents of the storefront ban said it will be lethal for patients
with terminal illnesses who cannot grow marijuana on their own because
it is costly and requires extensive training.
Americans For Safe Access, a medical marijuana advocacy group, vowed
to get a referendum on the March citywide election ballot to repeal the
law.
"The tens of thousands of patients harmed by this vote will not take
it sitting down," Americans for Safe Access California Director Don
Duncan said after the vote. "We will campaign forcefully to overturn
this poor decision by the council."
To get the referendum on the March 5 primary ballot, the group
would need to present 27,425 valid petition signatures to the City Clerk
by Sept. 21, or on Dec. 7 to make the May 21 general election.
posted on August 1, 2012 by
Federal Court Will Review Marijuana
For the first time since 1994, the question of medical marijuana will
go before a federal court. The United States Court of Appeals for the
D.C. Circuit has agreed to hear a lawsuit
challenging the DEA
posted on August 1, 2012 by
Medical Marijuana Case On Therapeutic Value, Rescheduling To Be Heard In Federal Court
Medical marijuana advocates will get their day in court later this year, when they argue the therapeutic value of cannabis.
The United States Court of Appeals for the D.C. Circuit agreed late last week to hear oral arguments in Americans for Safe Access v. Drug Enforcement Administration,
a case that could have major implications for the rescheduling of
marijuana out of Schedule I, a category that also includes heroin and
LSD. Schedule I drugs are described as substances that have
posted on July 31, 2012 by
Hoax claims legal drugs crackdown; feds unamused
An elaborately staged hoax that
included fake notices about the shutting down of beach-area pharmacies
and two letters purporting to be from U.S. Attorney Laura Duffy took
several bizarre twists Tuesday before the real players behind it were
revealed
