Czech Republic Passes Medical Marijuana Law

Velký – that’s ‘great’ in Czech.

VACLAV KLAUS PRESS CLUB

Pres. Vaclav Klaus

On January 30, by a 67-2 vote, the Czech Senate approved a bill allowing for the medical use of marijuana. The measure affirms the decision reached by the country’s lower house of parliament. On Friday, the bill was signed into law by President Vaclav Klaus. The Czech Republic now joins a number of other European countries that allow the use of marijuana for medical purposes.

The new law received strong support from all parliament-represented political parties and represents an improvement on the country’s already relaxed stance on marijuana prohibition. The Czech Republic decriminalized cultivation (five plants or less) and possession (half an ounce or less) of marijuana by individuals in 2010. The only EU countries with more lenient marijuana laws are the Netherlands and Portugal.

While this is definitely a move in the right direction, some lawmakers were concerned that some parts of the law are too restrictive. Importation of medical marijuana is permitted for distribution in pharmacies, but cultivation by licensed organizations is not currently permitted. Home cultivation by patients is also not permitted, and treatment will not be covered by health insurance.

Parliament may revisit the provisions of the law following a year of implementation and expand it to include registered, domestic production that is strictly monitored.

Federal Reform Bills Gaining Attention

In the wake of the introduction of federal marijuana reform bills on February 5, the national media has started paying closer attention to the possibility of change in the coming years. One example is this interview with MPP’s director of government relations, Steve Fox:

Such bills have come before Congress in the past with less fanfare, but it seems like this time they are being taken more seriously. Perhaps the fact that voters in Colorado and Washington decided they were sick of marijuana prohibition had something to do with it:

Medical Marijuana Bill Introduced Again in West Virginia

Manypenny

Last week, Delegate Mike Manypanny (D-Taylor) introduced a medical marijuana bill for the third time in the West Virginia Legislature, and this time it looks like people are taking a lot more notice.

It is certainly positive to see the media covering both sides of the issue, including MPP communications director Mason Tvert being quoted in the Charleston Gazette:

“There is no reason this should not be discussed. It is an issue taken up in dozens of states. It is time for it to be discussed in West Virginia.

“This is part of a nationwide increase in momentum. We’ve seen medical marijuana bills introduced throughout the country, including states many people might think would not be supportive,” Tvert said during a telephone interview.

A majority of West Virginia voters believe the state should enact a law allowing seriously ill patients to use medical marijuana, according to a January 2013 poll conducted by Public Policy Polling.

Stay tuned for updates and coverage from the Mountain State!

Potential Dispensary tax flows attractive to cities

Medical Marijuana dispensaries –
originally allowed so sick patients could have safe access to the drug
– have become cash cows for cities that see the opportunity for an
alternative source of income.

"There’s no question there’s a big pot of tax money sitting
there to be collected," said Palm Springs lawyer Joseph Rhea, who
represents dispensaries.

Some cities have generated millions in extra revenue by placing
additional taxes on the businesses – Oakland brought in $1.4 million
in 2011 and San Jose $3.6 million during fiscal year
2011-12.

Palm Springs – the only Coachella Valley City to permit dispensaries
– collected $22,224 in sales tax over the course of a year, but does
not levy an extra tax.
It may be just a matter of time,
though.

Mayor Steve Pougnet said the city is "taking a look at the
possibility."
"It’s something that we’ve definitely discussed," he
said.

Pougnet and Councilwoman Ginny Foat are researching what other cities
such as San Jose have implemented for possible discussion with the
entire City Council at a later date.

"Once we have that research, we will talk to our dispensaries here,
our stakeholders," he said.

An extra tax would have to be approved by voters.

Like any other business that has an exchange of goods, a sales tax is
collectable from marijuana sold at dispensaries and delivery services,
regardless of whether they are considered legal or not.

The California Board of Equalization collects between $58 million to
$105 million in sales taxes from dispensaries annually, based on
estimates of between $700 million and $1.3 billion in total
sales.

The board does not have actual numbers for sales of medical marijuana
because dispensaries are not required to identify their business type
when registering for a permit and can report total taxable sales
without categorizing the specific product sold.

Of the sales tax collected, 1 percent is returned to
cities.

In Palm Springs, the city
collects an additional 1 percent for Measure J on top of that – to
help pay for redevelopment.

Palm Springs has seen a steady
increase in sales tax revenue over the years, but Palm Springs City
Attorney Doug Holland said he can’t attribute it to dispensaries,
which at one point topped at about a dozen.

"I think the amount they would be generating would be so small
it’s not a significant amount at this juncture."

Local dispensaries battling to stay open said they would welcome an
extra tax, if it meant no hassle from the city.

"We’d be OK with whatever payment plan, permit fee, in order to
stay open and serve our patients," said Charles Pace, director of
operations at PS Organica on East Sunny Dunes Road.

Many of the non-permitted dispensaries have been embroiled in legal
issues as they fight to stay open amid pressure from the city to
close.

Since early December, when the city issued abatement notices with
steep fines to all the illegal marijuana dispensaries operating in the
city, at least four of the nine have closed, Holland
said.

With the potential for extra revenue at a time when many cities are
struggling financially, marijuana advocates wonder why more cities
aren’t allowing the dispensaries.

"They’re denying a huge income into a city," Pace
said.

Despite a ban on dispensaries in most cities, there are still dozens
of them operating across the valley, and they are still required to
collect taxes.

Kris Hermes, spokesman for Americans for Safe Access, whose
organization’s goal is to advance medical marijuana policy at all
levels of government, said it’s the city’s right to levy extra
taxes on dispensaries, but doesn’t condone it. "We think it puts
an undue burden on the patients," he said.

In addition to the state sales tax, San Jose levies a 7 percent tax
and Oakland tacks on a 5 percent tax. Instead of an extra sales tax,
San Francisco receives additional revenue from dispensaries through
the licensing or permitting process.

"You’ll find in many cities, they tax medical marijuana far in
excess of other businesses. They feel that’s acceptable. Whether it
is or not, it does represent or indicate an alternative source of
revenue," Hermes said.

With only three permitted
dispensaries in the Coachella Valley, Rhea is guessing those
operations do well with sales.

"If they’re not bringing in a lot, something is wrong. They have
three collectives that are wide open, fully permitted in a tourist
town. There is going to be a substantial amount. If not, then
something is weird," Rhea said.

Cities could further add to their pocketbooks, advocates say, if
marijuana was legal like alcohol as it is now in Colorado and
Washington.

Even those cities that ban dispensaries could see a benefit if they
allowed the collectives to operate legally, said Ellen Komp, deputy
director of NORML of California.

"First of all you have a legal income stream, so that means you’re
paying employees that are paying income tax, and there’s payroll
tax," she said.

She also points to the savings in
law enforcement costs from not having to chase after non-permitted
operations and illegal purchasers. "There have been studies that
show when they close down dispensaries, crime increases on the street
because it goes back on the street. It increases crime and it
decreases the economic benefits to the community," she
said.

According to a Colorado Center on Law and Policy Center study on the
legalization of marijuana, it is estimated that $32 million in new
revenue for the state and more than $14 million in new revenue for
local governments could be generated while saving more than $12
million in state and local law enforcement spending.

In California, a report conducted by NORML updated in 2009 estimates
total legalization of marijuana could yield at least $1.2 billion in
tax revenue as it lowers enforcement costs.

Prohibition in Chicago: Different Day, Same Story

Like a lot of people, my morning routine involves clicking around a few major news sites to see what people are talking about that day. Disgusting cruise ships and exploding Russian meteorites aside, one of the stories that caught my eye today was a CNN.com story about Joaquin “El Chapo” Guzman, the head of the notorious Sinaloa cartel in Mexico. Yesterday, the Chicago Crime Commission named Guzman “Public Enemy Number One,” a title CNN notes was created for bootlegger and gangster Al Capone.

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Not since Capone “has any criminal deserved this title more than Joaquin Guzman,” commission President J.R. Davis said in a news release. “Guzman is the major supplier of narcotics to Chicago. His agents are working in the Chicago area importing vast quantities of drugs for sale throughout the Chicago region and collecting and sending to Mexico tens of millions of dollars in drug money.”

The distinction isn’t surprising. Guzman’s syndicate is the single largest supplier of marijuana and other drugs that come into the U.S. It’s a lucrative gig — according to Forbes, Guzman’s net worth exceeds $1 billion — which explains why Guzman so ruthlessly protects his turf. Estimates of the death toll in Mexico’s drug war are now over 60,000.

What is surprising is that neither CNN’s story nor most of America’s elected officials have connected the dots between Capone and Guzman and how prohibition was the source of their power and wealth. Whether it’s the 1920′s or 2013, ceding control of a lucrative market to criminals enriches thugs like Capone and Guzman. Conversely, just as ending alcohol prohibition put bootleggers out of business, ending marijuana prohibition would deal a significant blow to drug trafficking cartels like Guzman’s.

Rep. Russell Introduces Marijuana Reform Bill in Maine

Rep. Diane Russell (D-Portland) is seeking to make Maine the third state in the country to legalize and regulate the adult use of marijuana. The measure would allow anyone 21 or older to purchase up to 2.5 ounces of marijuana from a licensed retailer. Sen. Russell discussed the bill and its advantages on MPBN’s Maine Watch:

State lawmakers will debate the bill this spring. If the measure makes it through the legislature, it’ll be sent to referendum. MPP’s Maine Political Director, David Boyer, has worked closely with Sen. Russell on her push to put the decision of marijuana reform into voters’ hands:

John Schwarz, Father Of String Theory, To Headline Medical Marijuana Conference In D.C.

A medical marijuana conference planned for next week will feature not
just activists and politicians, but John Schwarz, a theoretical physics
professor at the California Institute of Technology and father of
string theory.

Aside from an editorial published in The Huffington Post late last year, the conference will mark Schwarz’s first time speaking publicly on the issue.

"Being a physicist, not a physician, I don’t usually comment on issues in medical science," Schwarz wrote in his editorial.
"But I can no longer remain silent while people in my family and
profession run the risk of federal arrest so that they can follow the
recommendations of their doctors."

One such person is Schwarz’s wife, Patricia, who, after being
diagnosed with a bladder condition in 1995 found medical marijuana was
the only thing that relieved her pain. After listening to her groan
about the issue for years, Schwarz said her husband felt moved to take
up the cause. "We live in a evidence-based society," Patricia Schwarz
told HuffPost. "Why isn’t the science getting through?"

Under federal law, marijuana is considered a schedule I prohibited
substance, defined as having

Hemp Growing Finds Allies in Kentucky

In 1996 the actor Woody Harrelson, who has a sideline as an activist for legalizing marijuana, was arrested in Kentucky for planting four hemp seeds. Last month Senator Mitch McConnell, the Republican minority leader, announced his support for growing hemp in Kentucky, his home state.

Between those jarringly disparate events lies the evolution of hemp from a countercultural cause to an issue championed by farmers in the heartland and conservative lawmakers.

On Monday, a panel of the Republican-controlled Kentucky State Senate unanimously approved a bill to license hemp growers. It was promoted by the state agriculture commissioner and three members of the state’s Congressional delegation, including Senator Rand Paul, who removed his jacket to testify in a white shirt that he announced was made of hemp fibers.

If the bill is approved by the full Legislature, Kentucky will join eight other states that have adopted laws to allow commercial hemp growing, although the practice is effectively blocked by federal law that makes no distinction between hemp and marijuana.

Mr. Paul, a Republican, said he would seek a waiver from the Obama administration for Kentucky hemp growers, while pressing Congress to delist hemp as a controlled substance, which hemp supporters say is a legacy of antidrug hysteria.

Both plants are the same species, Cannabis sativa, but hemp has only a trace of the psychoactive ingredient in marijuana. Hemp’s champions see it as a source of agricultural jobs, an alternative for struggling tobacco farmers and a wonder plant with uses from bluejeans to building materials.

Attitudes are changing in surprising places. At a hearing on Monday in Frankfort, the Kentucky capital, the state police commissioner’s opposition to hemp growing was challenged by a former C.I.A. director, R. James Woolsey.

“The specter of people getting high on industrial hemp,” Mr. Woolsey said, “is pretty much exactly like saying you can get drunk on O’Doul’s.”

Hemp supporters say it is only a matter of time before legalization comes as people more fully understand the plant. They also point to states where voters legalized recreational marijuana in November — Colorado and Washington — as inevitably forcing a change in priorities in the Obama administration.

“The demonology of hemp is exposed as being not valid,” said Representative John Yarmuth, Democrat of Kentucky, a sponsor of a bill in the House to allow hemp cultivation. He said the movement to accept hemp has the same inevitability that he attributed to acceptance of same-sex marriage.

Still, the federal government has been unyielding. Farmers in states that allow hemp must seek a waiver from the Drug Enforcement Administration or risk being raided by federal agents and losing their farms.

Dave Monson, a North Dakota wheat farmer and Republican state representative, has held a state hemp license since 2007, when North Dakota legalized cultivation. But he has no plans to plant. “I applied for a D.E.A. license, never got one,” he said.

A spokesman for the drug agency said it did not keep statistics on permits to grow hemp, which it does not distinguish from marijuana under the Controlled Substance Act of 1970.

Mr. Monson knows farmers just north of the Canadian border who profitably grow hemp, and he argues that it can be an economic boon. “The more states that do what we have done in North Dakota, if we can keep the pressure on, I think we’re going to see some movement at the federal level,” he said.

Hemp supporters claim a total retail value of products containing hemp at more than $400 million in the United States. But a Congressional Research Service report last year found that imported hemp raw materials was small, only $11.5 million. All hemp used in United States today — such as in Dr. Bronner’s Magic Soaps sold at Whole Foods — is imported, mostly from China.

Rodney Brewer, the commissioner of the Kentucky State Police, said that if hemp farming were legal, marijuana growers would hide their plants in hemp fields and the police could not tell them apart.

“They are identical in appearance when it comes to the naked eye,” Mr. Brewer said, predicting that legalizing hemp would create a boom for pot growers.

But Mr. Woolsey, who said he favored hemp because of “my interest in prosperity for rural America,” argued that no pot farmer would hide plants in a hemp field for fear that low-potency hemp would cross-pollinate with marijuana and lower the concentration of THC, its psychoactive ingredient.

Marijuana growers “hate the idea of having industrial hemp anywhere near,” he said.

The Kentucky bill faces resistance from some lawmakers, including the speaker of the State House.

Mr. Paul, after calling attention to his hemp shirt at the hearing in Frankfort, seemed to roll his eyes when he said, “You’d think you’re at a D.E.A. hearing.”

“This is a hearing about a crop,” he said. “It’s a crop that’s legal everywhere else in the world except the United States.”

Mr. Paul, elected in 2010 with Tea Party support, promised to introduce a Senate bill as a companion to the pro-hemp bill in the House, which has 28 co-sponsors. He is following in the family footsteps, since the first House bill allowing hemp was introduced several years ago by his father, Ron Paul, a former Texas congressman and Republican presidential candidate. Ron Paul’s embrace of the issue fit his deep libertarian streak, which also at times embraced legalizing marijuana and other drugs.

Those positions placed hemp far outside the mainstream in many lawmakers’ minds, just as the image of its products — soaps, sandals and natural foods sold at co-ops — placed it in a counterculture.

But no better sign exists that hemp’s image is changing than its embrace by Mr. McConnell, the minority leader, who said in a statement last month that his mind had been changed “after long discussions” with Rand Paul and the Kentucky agriculture commissioner, James Comer, a Republican.

“The utilization of hemp to produce everything from clothing to paper is real,” Mr. McConnell said.

A version of this article appeared in print on February 13, 2013, on page A16 of the New York edition with the headline: Hemp Growing Finds Allies of a New Stripe in Kentucky.

Source: New York Times (NY)
Author: Trip Gabriel
Published: February 13, 2013
Copyright: 2013 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/

Banning Pot Clubs

The California Supreme Court appears ready to uphold the
right of cities and counties to ban medical cannabis dispensaries. And
while experts say the decision likely will result in few changes in much
of the East Bay, the ramifications for the rest of California could be
profound

Senator To Introduce Legislation To Legalize MJ

If state Sen. Daylin Leach gets his way, Pennsylvania would become the next state to legalize marijuana. The Democratic senator, who represents the 17th District in suburban Philadelphia, is to introduce legislation at a press conference today in Harrisburg to decriminalize the use of marijuana for any purpose in Pennsylvania.

Leach hopes to end what he calls the “prohibition” of marijuana and treat it the same as certain types of alcohol – regulated by the Pennsylvania Liquor Control Board and sold at Wine and Spirits Shops or by licensed beer distributors.

John Tew, Leach’s legislative director, said existing laws are not effective.

“Prohibition doesn’t make sense and hasn’t worked,” Tew said. “Most of the harm of marijuana comes from the prohibition than it does from the smoking of the plant.”

A local drug abuse counselor who supports the use of marijuana for medicinal purposes said Leach’s proposal is well-intended but worries that across-the-board legalization will harm children.

“We’ve succeeded in keeping it out of the hands of physicians, but we can’t keep it out of the hands of 12-year-olds,” said Ed Pane, executive director of Serento Gardens Alcoholism and Drug Services in Hazleton and a board member of Pennsylvanians for Medical Marijuana.

Under Leach’s plan, approved stores would sell marijuana only to people over the age of 21, who could not resell the drug or use it in public or before driving. Also, employers would be free to prohibit workers from using marijuana.

Other senators, including one serving the Hazleton area, are flatly opposed to legalizing marijuana in any form.

Sen. John Gordner, R-Berwick, said he would oppose Leach’s legislation, noting that it is not yet up for formal consideration.

“There is no support from my senatorial judiciary,” Gordner said.

Sen. John Yudichak, D-Plymouth Township, did not return calls for comment on Leach’s proposal.

Kline Township police Chief John Petrilla believes any benefits of Leach’s proposal are not worth the risk.

“It would be a mistake,” Petrilla said. “There was talk about legalization of marijuana since the 1960s. It hasn’t been done for a reason. It alters the state of mind. I believe it’s a gateway drug. I feel more people might want to try it and they may be more prone to try other things.”

However, Leach said criminalizing marijuana does far more harm than good.

“This policy destroys lives. We want to stop that from happening. We want to stop spending that money” on enforcing the current law, he said.

Neill Franklin, executive director of Law Enforcement Against Prohibition, is a retired Baltimore narcotics officer who will attend today’s press conference as an advocate for the legislation.

“Cops see the ineffectiveness and harms of marijuana prohibition up close, every day,” Franklin said. “Keeping marijuana illegal doesn’t significantly reduce use, but it does give tax-free profits to violent gangs and cartels that control the black market.”

According to Leach, Pennsylvania can not only save a significant amount of money by ending the war on marijuana but also can make money by taxing the drug.

“We have spent billions of dollars investigating, prosecuting, incarcerating and monitoring millions of our fellow citizens who have hurt nobody, damaged no property, breached no peace. Their only ‘crime’ was smoking a plant which made them feel a bit giddy,” Leach said in a memorandum to all state senators.

He said Pennsylvania can legalize and regulate marijuana in the same manner as alcohol following Prohibition during the 1920s and the 1930s.

“We already have an infrastructure. We can plug marijuana into that system,” he said.

Leach believes legalizing marijuana will aid the safety of those who choose to use the drug.

“People that want marijuana are forced to purchase it from criminals out on the street, and it can be laced with dangerous chemicals,” he said.

Pane said he favors the Gov. Raymond Shafer Compassionate Use Medical Marijuana Act, which Leach introduced on April 25, 2001, and state Rep. Mark Cohen reintroduced on June 13, 2011. Under this bill, patients could legally use the drug with a doctor’s approval and after registering with Pennsylvania’s departments of State and Health.

Leach said he understands his legislation is a tough sell.

“The short term is a battle. Long term, it’s inevitable,” he said.

Sens. Jim Ferlo, D-Pittsburgh, and Lawrence Farnese, D-Philadelphia, will co-sponsor the legislation, Leach said.

Source: Citizens’ Voice, The (Wilkes-Barre, PA)
Author: Shawn Kellmer, Staff Writer
Published: February 11, 2013
Copyright: 2013 The Citizens’ Voice
Contact: yourvoice@citizensvoice.com
Website: http://www.citizensvoice.com/