Medicine

Busy, busy, busy, at every level from federal rescheduling through bills in the states to local decision-making. The medical marijuana world continues to be very active.

Alabama

On Tuesday, Rep. K.L. Brown (R-40th District) filed House Bill 66, the Alabama Medical Marijuana Patients Rights Act. It would allow patients with certain conditions to use marijuana to treat their conditions with a doctor's recommendation. The bill is backed by the Alabama Medical Marijuana Coalition, which held a public meeting in Huntsville last Saturday to garner more awareness on the proposal.

Arizona

The House has passed a bill, HB 2349, which bars registered medical marijuana patients from possessing their medicine on college campuses, including dormitories. The bill, authored by Rep. Amanda Reeve (R-Phoenix), applies to universities, technical colleges, colleges, and public schools. It amends a portion of the state's medical marijuana law that bans the use or possession of medical marijuana at public schools or jails.

California

Last Wednesday, the Studio City Neighborhood Council rejected a "gentle ban" on dispensaries on a 5-4 vote. The vote was on a motion to show support for a law being considered by the Los Angeles City Council that would prohibit all medical marijuana businesses citywide.

Last Thursday, Citrus Heights police arrested two people in connection with the operation of a dispensary. Police said the dispensary was "illegal" because the proprietors were profiting from the criminal sale of marijuana. Police also noted that the city of Citrus Heights has a moratorium barring dispensaries within the city limits.

Last Tuesday, Riverside police in SWAT gear arrested a dispensary operator who they said used fake information to get a business license after his initial request was refused. Jimmie Sutterfield, the proprietor of Discount Patient Care, was booked on suspicion of filing false documents in a public office, perjury and burglary, all felony charges.

In a January 26 letter made public last week, Riverside city officials asked federal prosecutors to enforce the marijuana ban in their city. Riverside City Attorney Greg Priamos and Police Chief Sergio Diaz US Attorney André Birotte Jr., who has jurisdiction over the Inland area, for assistance "in combating the illegal storefront marijuana distribution in the city of Riverside that openly flouts federal, state and local law."

Last Friday, a San Diego Superior Court judge ruled that the city can refuse to issue a certain type of business license to medical marijuana distributors. Superior Court Judge Randa Trapp ruled the city cannot be required to take actions that amount to an illegal act. Because federal law takes precedence over state law, Trapp held, "issuing a business tax certificate under these circumstances would tend to aid in an unlawful purpose." The suit had been brought by Wisdom Organics, which had applied for a license to operate a medical marijuana delivery service.

Over the weekend, medical marijuana pioneer Dennis Peron said he opposed a medical marijuana initiative that would tax and regulate the industry. The Medical Marijuana Regulation, Control, and Tax Act (MMRCTA) is "too vague," Peron said. He also worried that allowing the UCFW to cosponsor the measure and have a seat on its proposed board would mean "that they can force every one of those entities to join their union and pay them dues."

On Monday, the Coalition for a Drug Free California urged people around the state to inform on dispensaries to the IRS in hopes of garnering a hefty reward.

On Tuesday, the Lake County Board of Supervisors voted to shut down a Middleton dispensary. The 4-1 vote will finish the process of shutting down the H2C Collective. The county is in the process of using abatement proceedings to shut down dispensaries after public discontent forced it to rescind a regulatory ordinance. The county argues that dispensaries are not allowed under county zoning laws.

On Tuesday, the city of Vallejo settled a lawsuit with a former dispensary operator. Stan the Man's Collective was sued by the city in July 2010 as a public nuisance, and fines reaching thousands of dollars had piled up before Stan's closed in October 2010. Under the agreement, Stan's will stay closed, but the fines are dismissed, and no other dispensaries are affected.

Also on Tuesday, the Costa Mesa City Council got an earful from unhappy patients and dispensary operators for inviting federal officials to crack down on dispensaries there. Federal authorities cracked down on Costa Mesa dispensaries last month, raiding two of them and issuing warning letters to at least two-dozen others.

Also on Tuesday, Santa Ana medical marijuana supporters began a municipal initiative effort to allow dispensaries to operate under certain guidelines, for instance, limiting hours to 9:00am to 9:00pm, forbidding loitering and smoking on the premises, and restricting patients to 21 and older, unless there's a parent or guardian. Proponents said they were responding to complaints from residents.

Also on Tuesday, the Sonoma County Board of Supervisors voted to cap the number of dispensaries in unincorporated areas of the county at nine. The county joins three local cities that have allowed dispensaries with caps. There are two outlets in Santa Rosa, one in Cotati and one in Sebastopol. The remaining six cities in the county ban dispensaries.

Colorado

Last Thursday, the Colorado Court of Appeals ruled that people on probation cannot use medical marijuana because it is a violation of federal law. The case is Colorado v. Watkins.

Last Friday, a state district court judge in Fort Collins issued a temporary restraining order directing city and state officials to not enforce provisions of voter-approved ban on dispensaries until a hearing can be conducted on a lawsuit challenging its legality. Voters approved the ban in November, but six local businesses filed a lawsuit over it last week. The lawsuit claims the ban violates the state constitution and would irreparably harm their livelihoods.

On Tuesday, the Boulder City Council approved a nine-month moratorium on new medical marijuana businesses. The council originally was considering a blanket six-month moratorium, but the leaders decided to extend the length of the ban to nine months and exempt existing businesses so they can make changes -- such as seek an expansion or relocation -- if needed. The exemption will kick in March 8. According to city records, Boulder now has 37 cultivation facilities, 32 dispensaries and six marijuana-infused product manufacturing sites. Twelve applications for new business licenses were submitted before the moratorium was enacted and will be reviewed. City officials said they needed "a time-out."

Kentucky

Sen. Perry Clark (D-Louisville) has introduced SB 129, a bill that would allow doctors to prescribe marijuana to patients with debilitating illnesses and reschedule marijuana under state law. There are some technical problems with the language in the bill vis-à-vis federal law, but those issues can be worked out through amendments down the road, supporters say. The bill is known as the Gatewood Galbraith Memorial Medical Marijuana Act, after the late Gatewood Galbraith, a five-time gubernatorial candidate and outspoken proponent of ending marijuana prohibition.

New Jersey

A nonprofit that wants to grow and sell medical marijuana was suing after being denied a site in Burlington County. The Compassionate Care Foundation Inc. wants a judge to overturn the decision of the Westhampton Land Development Board, which voted 4-3 against the bid to operate at a vacant warehouse. A hearing is set for March 23. On Tuesday, however, Compassionate Care changed its mind and instead announced an agreement with center and township officials in Egg Harbor Township to open a dispensary there.

Compassionate Care, which is based in Mount Laurel, is one of two state-approved providers of medical marijuana struggling to find a home in South Jersey. The other supplier, Compassionate Sciences ATC, was rebuffed in October when it sought to open a marijuana dispensary at a former furniture store on Route 73. New Jersey legalized medical marijuana in January 2010, authorizing six nonprofit groups to operate in distinct zones across the state. But Gov. Chris Christie, citing concerns over federal laws against the drug's sale, did not give his approval until July of last year. So far, no marijuana has been sold legally in New Jersey and at least four town boards have turned away the businesses.

But, if the deal goes through, Compassionate Care will become become only the second out of six centers with confirmed locations. Greenleaf Compassion Center in Montclair got local approval and finalized its plans back in September, becoming the first center to do so.

New Mexico

Late last month, Senator Cisco McSorley (D) introduced and Senator Rod Adair (R), Senator Gerald Ortiz y Pino (D), and Senator John Ryan (R) cosponsored Senate Bill 240, which would create a medical marijuana fund. sustained by the producer and patient production licensing fees currently being collected by the Department of Health. The Department of Health will be able to use these funds to directly administer the program. The bill is currently before the Senate Finance Committee.

Washington

Last Thursday, a bill calling on the federal government to reschedule marijuana passed a Senate committee. Senate Joint Memorial 8017 bolsters support for Gov. Christine Gregoire (D), who sent a letter last week requesting that the federal government reclassify marijuana from a Schedule I drug to Schedule II status, where it would be permitted for medical use. The bill passed the Senate Committee on Health and Long Term Care with unanimous approval. It now heads to the Senate Rules Committee. Its lead sponsor is Sen. Jeanne Kohl-Welles (D-Seattle).

Rhode Islanders are ready to decriminalize and maybe even legalize marijuana, according to a new Public Policy Polling survey commissioned by the Marijuana Policy Project (MPP). The poll found nearly two-thirds support (65%) decriminalization and bare majority support (52%) for legalization.

The poll comes as the state legislature ponders a pair of bills, House Bill 7092 and Senate Bill 2253, which would reduce the penalty for possession of less than an ounce of weed to a citation with a maximum $150 fine. Under current law, possession is punishable by a $500 fine and up to a year in jail.

Decriminalization had support across the political spectrum, with 73% of Democrats, 64% of Republicans, and 60% of independents in favor of the measure. In addition to political party, the poll provided cross-tabs on age and gender. In no group was there less than majority support for decriminalization. The least supportive group was voters over 65, and even 58% of them supported decriminalization.

But maybe legislators should set their sights a bit higher and go for legalization. It looks like the Rhode Island electorate is just about there already with 52% saying they supported taxing and regulating marijuana like alcohol.

Legalization won majority support among men (59%), but not women (45%); among Democrats (55%) and Republicans (54%), but not independents (49%); and among every age group except voters over 65, 55% of whom opposed it.

"As this polling demonstrates, the public is clearly aware that marijuana prohibition is failed policy and they are ready for change," said MPP legislative analyst Robert Capecchi. "The people of Rhode Island understand the need for sensible marijuana policy reform. Ending marijuana prohibition would created entire industries with hundreds of jobs, allow the government to collected needed revenue from responsible sales, and keep marijuana out of the hands of minors through thorough regulations."

The poll also asked about medical marijuana and found strong support (72%) for the state's program. Nearly as many (70%) said they wanted Gov. Lincoln Chafee (I) to implement the state's 2009 creating three nonprofit dispensaries for patients. Chafee stopped the program because of fears of federal intervention.

From action in state legislatures to raids at dispensaries, there's no let-up in the medical marijuana action around the nation. Here's the latest:

National

Last Thursday, Americans for Safe Access filed an appeal brief in the DC Circuit to compel the federal government to reclassify marijuana for medical use. In July 2011, the federal Drug Enforcement Administration (DEA) denied a petition filed in 2002 by the Coalition for Rescheduling Cannabis (CRC), which was denied only after the coalition sued the government for unreasonable delay. The ASA brief filed is an appeal of the CRC rescheduling denial.

Alabama

The Michael Phillips Compassionate Care Act (House Bill 25), which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health.

California

Last Tuesday, Union City issued a temporary ban on dispensaries, suspending the approval of business licenses or permits for medical marijuana dispensaries and their operations for 45 days. But the recently opened CHA Wellness Center was still operating as of the weekend and said it had every right to. City officials disagree.

Also last Tuesday, the Fresno city council voted to extend a temporary moratorium on outdoor grows for another 10 months after Police Chief Jerry Dyer told the council the grows were a magnet for crime and violence. Fresno Police say there have been at least five shootings and one homicide as the result of outdoor growing operations within the city limits. Police say many big marijuana growing operations have already moved indoors. Dyer said he expected to have a permanent outdoor cultivation ordinance ready by April.

Last Friday, San Jose Mayor Chuck Reed issued a memo calling for the city to kill its medical marijuana ordinance. He cited the California Supreme Court's decision to review four medical marijuana cases dealing with varying interpretations of the state's law, as well as potential ballot initiative that could go before the voters in November. The city will remain in talks with dispensaries and will continue to collect taxes on them.

On Sunday, the last dispensary in La Puente closed its doors in response to the ongoing federal crackdown. La Puente Co-op was the last of three city dispensaries to go out of business in response to threat letters from the Southern California US Attorney. Azusa Patient Remedies and Trinity Wellness Center shut down the previous week. The San Gabriel Valley town was once home to 10 dispensaries.

On Monday, the Union of Medical Marijuana Patients said it had provided the Los Angeles city council with two motions to regulate dispensaries. The move comes as the council inches toward a total ban. The first motion, "public nuisance abatement," proposes that city officials start enforcing current laws to deal with complaints like loitering and sales to minors, just as the police handle such problems around liquor stores. The second motion calls for a "ban with abeyance" or a soft ban, which would create a ban that allows patient associations to prove that they that are operating in compliance with local and state law, allowing the ban to be held in abeyance as long as they continue to be in compliance.

Also on Monday, narcotics officers from the LAPD Devonshire Division raided and shut down the last dispensary in Chatsworth in the San Fernando Valley. The raid was at the Herbal Medical Care facility, and three people were arrested for suspicion of possession of marijuana for sale, 50 pound of marijuana and 156 plants were seized, and so were the dispensary's medical records. Police vowed to "target" some 200 other San Fernando Valley dispensaries. Since December 2008, police in the Devonshire Division have shut down 37 of what were once 60 dispensaries operating there.

Also on Monday, San Francisco announced it would resume licensing and inspecting dispensaries. The move comes after the agency said last week that the application process was suspended. Under clarified rules, existing dispensaries must sign a statement swearing that all medical marijuana sold on-site is cultivated in California and comes from a grower who is a member of the dispensary's nonprofit collective. New applications stopped being processed in December following a ruling in a state appeals court. In that case, Pack vs. the City of Long Beach, the court ruled that California cities violated federal law by regulating and permitting medical marijuana. That ruling was vacated when the California Supreme Court agreed to hear an appeal, and San Francisco's city attorney gave the health department the green light to resume its program January 20, but the department had announced last week that all applications were still on hold indefinitely.

On Tuesday, the San Francisco controller's office reported that dispensaries in the city did an estimated $41 million in sales last year, generating $410,000 in medical marijuana sales tax revenues.

Also on Tuesday, Senate Bill 129 died for lack of action in the state legislature. Introduced by Sen. Mark Leno and sponsored by Americans for Safe Access, the bill would have protected the employment rights of medical marijuana patients.

Also on Tuesday, DEA agents and local law enforcement raided the Balboa Medical Center in Kearney Mesa, near San Diego. They seized medicine and medical records, but made no arrests.The raid came after similar raids on dispensaries in the area last week.

Hawaii

House Bill 1963, which seeks to restrict the state's medical marijuana program and remove chronic pain as a qualifying condition for patients, is set for a hearing Thursday in the House Committees on Health and Public Safety and Military Affairs.

Montana

On Monday, the Missoulian reported that DEA agents investigating medical marijuana distribution had asked witnesses whether state Sen. Diane Sands (D-Missoula) might be involved in a marijuana conspiracy.Sands has been deeply involved in the state's battles over medical marijuana. She is not the only legislator being looked at; at least one more said he would not speak publicly for fear of "additional harassment."

Vermont

The Vermont Department of Public Safety has announced guidelines for the state's first medical marijuana dispensaries. Dispensaries must operate as nonprofits and must be more than 1,000 feet from schools or daycare facilities. Would-be operators will have to pay $2,500 just to apply for one of the four dispensary certificates. If approved, dispensaries would pay the state $20,000 dollars for the first year, and $30,000 in the years to follow. Patients can go to dispensaries by appointment only, and only one patient at a time is allowed in the dispensary. There are also stiff requirements for inventory control, building security, and background checks for operators and employees.

Virginia

On Tuesday, the House Rules Committee killed a resolution that would have asked the governor to petition to DEA to reschedule marijuana. The resolution had been filed by Delegate David Englin (D-Alexandria).

Washington

Last Thursday, 42 state legislators signed a letter asking the DEA to reschedule marijuana so that it could be prescribed and sold in pharmacies. That same day, lawmakers introduced a resolution to the same effect. It is scheduled for a hearing Friday in the Senate Health and Long-Term Care Committee. The letter and resolution piggyback on Gov. Christine Gregoire's existing petition to reschedule marijuana, which is also supported by a handful of other states.