It may be as popular as pizza, but pot can no longer be delivered in
Riverside. That isn’t stopping one driver, who says his services are
vital.

Last week, the city banned all medical marijuana clinics from delivering to clients.

KCAL
reports that several clinics are ignoring the ban and continuing to
deliver as usual. The channel’s Tom Wait did a ridealong with a driver
who asked to be called "Kalonnie."

"Not everyone can afford prescription medication," said Kalonnie.
"Not everyone enjoys prescription medication. They have had back
surgery," he said of many of his clients. "They have problems with
walking. They can

It

Abbotsford lawyer John Conroy is undertaking a legal battle against new changes to the federal government’s medical marijuana program.

On Monday, Health Minister Leona Aglukkaq announced some of the anticipated changes to the program, which includes banning individual home-based medicinal grow-ops in favour of larger government licenced producers.

The new regulations mean sick or disabled people or their legal proxies with licences will no long be able to grow their own marijuana, said Conroy.

The price of marijuana from the large producers will cost people up to four times as much as producing their own, said Conroy.

The government estimates under the new program medical pot will be sold for $8 to $10 a gram while individuals grew their own for between $1 to $4, said Conroy.

The price increase will limit some sick individuals, many on a low income, from being able to buy marijuana for their conditions.

There is legal precedent that individuals with medical conditions with a doctor’s authorization have a Constitutional right to reasonable access to medical marijuana, said Conroy.

Under the old program, those that couldn’t afford dispensary or black market prices grew their own marijuana, something they won’t be able to do in the future.

Conroy expects to launch a Constitutional challenge on behalf of a coalition of medical marijuana users fighting the problematic aspects of the proposed regulations.

“Basically, we’re saying these people’s constitutional rights are being impaired by what’s being proposed,” said Conroy.

“At one time they could produce cannabis for themselves as there was no other program to provide it.  But a program that’s out of reach is akin to having no program at all.”

The group, MMAR DPL/ PPL Coalition Against Repeal, says it has 3,400 members across Canada.

Conroy said his firm has collected 1,000 victim impact statements so far.

The lawsuit aims to prevent some or all of the new regulations from coming into force, or to maintain the status quo until there’s some guarantee that all patients have reasonable access to medical marijuana.

Failing that, Conroy may also take up a class action lawsuit to compensate individuals who have invested resources and borne the costs of growing their own pot over the last decade.

On Monday, Aglukkaq agreed there must be reasonable access to legal marijuana for medical purposes.

But the government believes it must be done in a controlled manner to protect public safety, she said.

Since starting in 2001, the government’s medical marijuana program has grown exponentially, from less than 500 authorized persons to over 30,000 currently.

The rapid growth of those producing medical marijuana, often in private homes, had consequences for public health and safety, said Aglukkaq.

“These changes will strengthen the safety of Canadian communities, while making sure patients can access what they need to treat serious illnesses,” she said.

Municipal fire and bylaw authorities have long argued that home-based medical marijuana grows can pose fire safety problems or health problems due to mold.

Police point to the dangers of grow rips and the lack of enforcement to ensure licensed growers aren’t producing more than they need for the illegal market.

Under the new provisions, patients will have access to quality-controlled marijuana produced under sanitary conditions, said the minister.

But Conroy noted that individuals that grew or developed specific strains of marijuana for their particular medical conditions will be out of luck.

Litigation will get underway sometime after September and before March 2014 when the new regulations go into effect, he said.

The details on the federal government’s new Marihuana for Medical Purposes Regulations come out June 19.

Source: Abbotsford Times (CN BC)
Copyright: 2013 The Abbotsford Times
Contact: editorial@abbotsfordtimes.com
Website: http://www.abbotsfordtimes.com/
Author: Rochelle Baker

Medical marijuana patients in Nevada will finally have legal access to their medicine.

Gov. Brian Sandoval

On Wednesday, 13 years after Nevada voters approved the medical use of marijuana, Gov. Brian Sandoval signed SB 374 into law. The bill establishes the regulatory framework for medical marijuana dispensaries in the state, thereby putting an end to patients’ decade-long struggle to obtain their medicine safely. The bill will also allow patients to continue growing their own plants (and increases the number they may possess) until 2016.

The law allows the state to license up to 66 dispensaries throughout the state, distributed according to population density.

Additionally, the state will impose medical marijuana-specific taxes, of which 75% will fund education and 25% will be spent on implementing and enforcing the regulations.

The governor’s approval of the bill was sparked by Judge Donald Mosley’s critique last year of the state’s medical marijuana law. Mosley declared the existing law “unconstitutional” for failing to provide patients with the legal means to obtain their medicine.

Nevada is now the 14^th state to allow medical marijuana dispensaries.

Yesterday, Americans for Safe Access (ASA) issued "What’s the Cost?"
a report on the federal war on medical cannabis (marijuana). This
important report tallies the various types of federal interference by
the Department of Justice (DOJ) against medical cannabis patients and
their providers, while sharing stories of the individuals caught in the
middle.

Since its founding in 2002, ASA has been tracking the adoption and
implementation of state medical cannabis laws, compiling raw data on
actions taken by the DOJ to thwart successful implementation of these
laws. Over the years, the DOJ has employed an array of tactics,
including paramilitary-style raids on individual patients and
state-authorized dispensaries, asset forfeiture actions against property
owners (usually the landlords of dispensaries), and bullying tactics
designed to pressure elected officials
against adopting or implementing medical cannabis laws. The report
summarizes the human and monetary costs of enforcing an unpopular and
outdated federal policy that sustains this heartless war on medical
cannabis.

"What’s the Cost?"
confirms how much the U.S. Justice Department has spent over three
presidential administrations to investigate, raid, arrest, prosecute,
and imprison hundreds of medical cannabis patients and their providers
— nearly half a billion dollars. Far outspending all of his
predecessors, the report reveals that President Obama has dedicated
nearly $300 million to such enforcement efforts, despite his repeated
pledges to not use Justice Department funds in this way.

In 2011 and 2012, the Drug Enforcement Administration (DEA) spent
four percent of its budget on the medical marijuana crackdown. Having
conducted at least 270 paramilitary-style raids during the past four
years, Obama’s DEA spent approximately $8 million to carry them out.
However, the amount of taxpayer dollars spent on raids was dwarfed by
the amount spent on investigative efforts preceding raids, indictments,
and lawsuits, which has totaled more than $200 million. Over the past
two years alone, the DOJ has effectively shuttered more than 500
dispensaries in California, Colorado, and Washington State by sending
letters to landlords, threatening criminal prosecution and seizure of
their property.

While we were drafting the report, the cost estimates had to be
updated to reflect two more raids, a series of asset forfeiture threats
against landlords in Washington State, and the surrender of three
individuals to begin serving 5-year mandatory minimum sentences. While
the report was being formatted, Michigan cultivator and organ transplant
recipient Jerry Duval began serving a 10-year prison term, which will
not only be detrimental to his health but according to the Huffington Post
is also expected to cost taxpayers more than $1 million. In addition,
at least another hundred letters went out to landlords in California,
and US Attorneys filed two more asset forfeiture lawsuits. By the same
estimates used in the report, those actions would add another $10
million to the amount President Barack Obama has spent on this senseless
war.

The battle for safe access to medical cannabis in the US spans more
than 40 years and includes each branch of the federal government, as
well as almost every state legislature in the country. Yet, medical
cannabis is one of those issues that seems far from the lives of most
Americans — that is, until they or a loved-one needs it. I, myself,
didn’t pay attention to the issue until 2001, the year my doctor
recommended I use cannabis. But our government is waging a war that puts
our most vulnerable citizens in the crossfire, and every American has a
responsibility to do something about that. We elect our federal
representatives who authorize those wars and we pay taxes that fund
them. Therefore, we also hold the key to ending such harmful policies.

"What’s the Cost?" focuses on the most intense part of this battle
being waged by the federal government, which began in 1996 when states
began passing medical cannabis laws. If you live in the US, chances are
you’ve heard something about the conflict between federal law and the
numerous states that have adopted their own medical cannabis laws. By
taking advantage of our federalist form of government, those states have
chosen to implement a set of laws that depart from federal policy.

Unfortunately, the federal government continues to push back against
the proven medical value of cannabis, abusing its prosecutorial
discretion by targeting patients and their providers even in states that
have adopted their own laws. Hundreds of thousands of sick and injured
Americans are caught in the middle of that epic battle.

Every war has casualties and a price tag. The war on medical cannabis
is no different. It’s not simply a battle of politics and laws that
takes place in legislatures and courtrooms. It is a war that is being
waged in our neighborhoods on a daily basis, adversely affecting
millions of people every year, and costing the U.S. taxpayers hundreds
of million dollars. Yet patients will not be deterred. As long as
research supports the therapeutic value of cannabis and physicians
continue to recommend it in order to treat the symptoms of serious and
chronic illnesses, patients will seek it out.

Each of the individuals profiled in this report diligently followed
state law and/or the advice of a physician. It is our hope that by
putting a human face on this issue, we can stop these expensive and
harmful attacks, and inspire sensible policy reform aimed at harmonizing
state and federal laws.

In addition to exposing the cost of the federal government’s
enforcement actions, I want to acknowledge the scores of Americans who
have stood up in the face of this misguided policy to demand compassion,
scientific integrity, and respect for the will of the people. They have
inspired a nation to change. My heart goes out to all the individuals
profiled in this report, as well as their families, and all those who
have suffered in silence.

Together, as a nation, we must change federal law so that our sick
and dying can battle their illnesses instead of their government.

It is Time for Peace for Patients!

President Obama has said cracking down on medical marijuana in states
where it’s legal, like California, wouldn’t be a priority for his law
enforcement agencies.

But a new report by the group Americans for Safe Access not only says
that Obama has been tough on weed, but that his administration’s
spending on medical cannabis enforcement has "dwarfed" that of the
George W. Bush and Bill Clinton White Houses.

The report, called "What’s the Cost,"
says Obama’s Department of Justice is responsible for $300 million of
about $500 million spent on federal marijuana enforcement since 1996.

ASA says the money was used, in part, …

… to investigate, raid, arrest, prosecute, and imprison hundreds of medical marijuana patients and their providers.

The organization slams Obama for outspending his predecessors:

… President Obama has dedicated nearly $300 million to
such enforcement efforts, despite his repeated pledges to not use
Justice Department funds in this way. In 2011 and 2012, the Drug
Enforcement Administration (DEA) spent four percent of its budget on the
medical marijuana crackdown. Having conducted at least 270
paramilitary-style raids during the past four years, Obama’s DEA spent
approximately $8 million to carry them out. However, the amount of
taxpayer dollars spent on raids was dwarfed by the amount spent on
investigative efforts preceding raids, indictments, and lawsuits, which
has totaled more than $200 million.

The group says 3 out of 4 federal asset forfeiture lawsuits involving
medical cannabis crackdowns since 1996 have happened under Obama’s
watch.

The ASA wants congress to stop funding federal enforcement involving
otherwise legit medical marijuana suspects. It’s also calling on
lawmakers to allow the "compassionate release" of medical convicts.

Good luck with that.

Medical cannabis patient advocacy group Americans for Safe Access
issued a report Thursday deploring the Federal government

President Obama helped prevent a move toward pot legalization by some Latin American leaders.  But will he be as bold against Colorado, Washington state?

Peter Bensinger, a former Drug Enforcement Administration chief, was one of eight former DEA chiefs who recently spoke out in favor of the federal government needing to nullify Colorado and Washington’s laws legalizing recreational marijuana use.  They said the Obama administration has reacted too slowly and should immediately sue to force the states to rescind the legislation.

For all the political flak that President Obama is receiving for digital surveillance of Americans, he deserves some praise for protecting Americans on another front.  His administration has helped dampen moves by some Latin American leaders to legalize marijuana in the Western Hemisphere.

The Christian Science Monitor

A meeting of the Organization of the American States ended Thursday in Guatemala without the expected “serious” discussion among the 34 nations to legalize pot.  Just last month, an OAS report recommended legalization as one alternative to the current anti-drug approaches.

The report, which called for “flexibility,” came as quite a shock to many in the region.  Polls in most of Latin America, unlike in the United States, show legalization to be unpopular.

Leaders in a few states, such as Uruguay and Guatemala, favor legalization.  Others, such as in Brazil and Peru, decidedly do not.  Yet with two states in the US ( Washington and Colorado ) having legalized recreational use of pot last year, some in Latin America saw an opening to push Mr.  Obama to bend.

Fortunately, his secretary of State, John Kerry, did not accommodate such voices at the OAS assembly.  “These challenges simply defy any simple, one-shot, Band-Aid” approach, he said.  “Drug abuse destroys lives, tears at communities of all of our countries.” Other administration officials have been working for months to squash the region’s legalization efforts.

A few Latin American leaders were more explicit than Mr.  Kerry.  “We need a policy that is anti-crime and not pro-drug,” said Alva Baptiste, St.  Lucia’s foreign minister.  And Nicaragua’s OAS envoy, Denis Moncada, said, “Replacing and weakening the public policies and strategies now in use to combat the hemispheric drug problem would end up creating dangerous voids and jeopardize the security and well-being of our citizens.” Many of the region’s drug experts say countries need to focus on rule of law, addiction treatment, and gang suppression.

Obama does need to be plain about federal intentions toward legalization in the US.  His embattled attorney general, Eric Holder, must uphold federal law by cracking down on the selling of recreational marijuana in Washington and Colorado.  If he doesn’t, the president can hardly complain about states defying aspects of his Affordable Care Act ( “Obamacare” ).

Drug-producing countries such as Mexico, Colombia, and Peru that have suffered from a military approach in the struggle against trafficking cannot be faulted for seeking different approaches.  They are right to point to the US, which is the world’s largest consumer of illicit drugs, as a major cause of their woes.  But drug trafficking is also a sign that such countries need fundamental reform to root out corruption and raise social indicators.  Both Mexico and Colombia are well along that path.

The uncertainties of legalizing pot, let alone the moral arguments against government promoting its use, call for Obama to be vigilant against legalization.  He has now done that strongly abroad.  He must do much better at home.

Source: Christian Science Monitor (US)
Copyright: 2013 The Christian Science Publishing Society
Contact: letters@csmonitor.com
Website: http://www.csmonitor.com/

As Colorado moves closer to issuing temporary regulations on the sale of marijuana, now legal in small quantities here, some cities and towns are not waiting for the new rules to take effect.

More than a dozen municipalities across the state have decided to enact moratoriums on retail marijuana sales, restricting them for now or at least until after the rules are finalized later this year.

Others, unsettled at the prospect of dispensaries within their borders, have banned marijuana sales entirely — which they are permitted to do under Amendment 64, the 2012 constitutional amendment passed by voters that legalized recreational use of the drug.

“As we talked to our police department and our building code enforcement people, it didn’t seem to be a very logical answer for us,” said Mayor Tom Norton of Greeley, a conservative farm town north of Denver that banned marijuana sales outright this month. “It seemed like it had the potential for creating more mischief than what we wanted to put up with.”

Discussions about how marijuana is to be regulated, and how the state will handle a legal drug market, played a central role during Colorado’s 2013 legislative session. Meanwhile, communities from Littleton to Vail have taken it upon themselves to ponder the issue publicly.

In the past six months, a task force of lawmakers, representatives of the state’s growing marijuana industry and others have wrestled with developing the rules.

Initial regulations, including licensing provisions — described as “emergency rules” by the Colorado Department of Revenue — will go into effect on July 1. Permanent rules will be drafted later this summer.

Voters will also consider proposed sales and excise taxes on marijuana on the ballot in November. The first license to sell marijuana in Colorado will not be issued until 2014.

But in the meantime, local governments have until October to decide whether they will allow licensed marijuana businesses to start operating in their areas early next year.

Not surprisingly, reactions in Colorado’s communities have varied according to whether their citizens supported Amendment 64.

In Denver, where residents overwhelmingly backed the measure and medical marijuana dispensaries line thoroughfares, city councilors have indicated their desire to move forward with marijuana sales.

Smaller communities like Montrose, the seat of Montrose County, where most voters opposed legalization, have chosen to prohibit sales.

Some have opted for a middle ground.

City councilors here in Aurora, for example, voted last week to delay the date when residents could start applying for marijuana business licenses to next May, so that local officials could take more time to devise their own regulations.

“There is another legislative session next year following the ballot issue this fall, which could change everything,” Mayor Steve Hogan said. “We’re interested in the possibilities related to retail establishments. But we’re not going to do anything until next spring.”

According to data compiled by the Colorado Municipal League, nearly three dozen cities and towns have banned retail marijuana sales outright so far, while 25 have passed moratoriums.

But Christian Sederberg, a lawyer with the Amendment 64 campaign, pointed out that many local governments had taken no action and were planning to embrace the new law.

And he said he thought it was more prudent for officials to examine the regulations after they were codified before deciding on a full-scale ban.

“I think opting out before you’ve seen the regulations on July 1 is premature,” he said. “A lot of these officials don’t understand that there is nothing compelling them to act right now.”

If, after reviewing the final rules, a community opts out, “then that’s something people can live with,” he added.

Officials in the state’s second-largest city, Colorado Springs, will be weighing the issue at a meeting this month.

Voters in El Paso County, where the city is situated, were split down the middle on the question of legalization.

The City Council president, Keith King, said he believed most residents were in favor of a moratorium on marijuana sales until the final rules and taxes were fully in place.

“For us, we’re making sure our approach doesn’t hurt the military bases here and doesn’t hurt the economy,” Mr. King said. “We’ll be very deliberative on this and take our time, no matter which way we go.”

A version of this article appeared in print on June 13, 2013, on page A16 of the New York edition with the headline: Decisions About Marijuana Sales Loom for Colorado Localities.

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

An analysis from pro-medical marijuana group
Americans For Safe Access found that President Barack Obama’s
administration has spent nearly $300 million on combatting medical
marijuana in states that have legalized the drug.

The report calculates the total amount of federal spending on medical
marijuana intervention at $289 million over Obama’s four-and-a-half
years in the White House. According to the analysis, the Drug
Enforcement Administration alone spent 4 percent of its budget in 2011
and 2012 cracking down on medical marijuana across 20 states. Taken as a
whole, Obama’s participation makes up the majority of what ASA says is a
$483 million war of lawsuits, indictments and asset forfeiture attempts
waged by the Department of Justice under the past three presidents.

(Read ASA’s entire report here.)

The group claims that over 1 million Americans are using medical
marijuana, and 34 percent of Americans live in a state where its medical
use is legal. ASA’s report comes on the heels of a separate study from California’s chapter of NORML
that found medical marijuana charges responsible for a total of over
480 years in prison sentences in the state, where cannabis has been
legal for medical use since 1996. That number will likely grow when the
Department of Justice hands down a prison sentence for medical marijuana
provider Matthew Davies, who accepted a plea deal late last month.

The studies are just the latest figures that underscore Obama’s aggressive war on pot. While Obama and members of his administration
had left many marijuana reform advocates optimistic in the early stages
of his first term, it quickly became clear that the new president was
determined to ramp up the enforcement-focused approach to medical
cannabis.

While the administration appears to have grown increasingly
intolerant of marijuana, the nation appears to be going in the opposite
direction. Public opinion polls have shown increasing support for a change in policy, whether it be legalizing pot for medical use or legalizing the drug altogether.