Posts Tagged ‘grow weed’

California Judge Rules Medical Marijuana Not An Agricultural Product

marijuana CaliforniaBy Steve Elliott of Toke of the Town

Yes, marijuana is a plant you grow from the ground. No, it’s not an agricultural crop. Confused yet?

In what is believed to be the first ruling of its kind in the state, a judge in California has ruled that a marijuana collective can’t operate on land zoned for agriculture, reports Lewis Griswold of the Fresno Bee.

In his ruling last week, Tulare County Superior Court Judge Paul Vortmann dismissed a property owner’s argument that a medical marijuana collective’s cultivation of marijuana is legal because it is in an agricultural zone.

“In this state, marijuana has never been classified as a crop or horticultural product,” Judge Vortmann wrote in his ruling. Marijuana is a controlled substance, the judge said.

“The court finds as a matter of law that growing marijuana … is not an agricultural use of property,” the judge wrote.

It’s the first time a court has addressed whether medical marijuana might be an agricultural crop, according to Tulare County Counsel Kathleen Bales-Lange, whose office sued a property owner and collective on behalf of the Board of Supervisors.

Marijuana plants are “agricultural in nature” because they grow like any other crop, according to lawyer Brandon Ormonde of Tulare, who represented the property owner. He acknowledged that medical marijuana has never been legally acknowledged as an “agricultural plant.”

“If it’s not a crop, I don’t know what it is,” said Dale Gieringer, director of California NORML, reports the Associated Press.

The case involved the Foothill Growers Association medical marijuana collective, which rented a building south of Ivanhoe in an agricultural zone. The collective grew plants inside the building and operated a dispensary.

Tulare County sued the collective and the property owner last year, arguing that marijuana dispensaries are only allowed in specified commercial and manufacturing zones.

Hash PlantThe group has until Friday to stop using the building. Hanford attorney Bill Romaine, who represents Foothill Growers Association, said on Thursday that he believed the cooperative had negotiated a new site to use in unincorporated Tulare County, reports David Castellon at the Visalia Times-Delta.

Five years ago, an estimate that marijuana was the top cash crop in the United States at $35.8 billion a year made headlines nationwide. The crop’s value is more than corn and wheat combined, according to legalization advocate Jon Gettman, who prepared the 2006 report.

But never mind all that. Marijuana is not recognized by the California Department of Food and Agriculture as an “agricultural commodity.” (Maybe it’s time they catch up to reality.)

No agricultural commissioner in the state — not even in Mendocino and Humboldt counties — lists cannabis in is annual crop reports.

“We don’t regulate or track marijuana at all and regard that as a law enforcement issue,” said Steve Lyle, speaking for the state agriculture agency.

That could all change, though, under a proposed ballot initiative that plans a farming future for marijuana. Among other things, it proposes to apply “existing agricultural taxes and regulations to marijuana” and would prohibit zoning restrictions on cannabis cultivation.

It was recently approved by the Secretary of State’s office for signature gathering in an attempt to get it on the 2012 ballot.

Article From Toke of the Town and republished with special permission.

Jury Convicts 70-Year-Old Woman For Medical Marijuana

Barb Agro defendant doc4dee6aa4b9e82141413668.jpg
Photo: Oakland County Daily Tribune
Barb Agro, 70, was barred from mentioning during the trial that
she is a registered, legal medical marijuana patient.
A 70-year-old woman was convicted on a marijuana charge by a Michigan jury after they were instructed by the assistant prosecutor to “follow the law and not use sympathy” when weighing her fate.
“You must hold the defendant accountable for her actions,” said Assistant Prosecutor Beth Hand during her closing argument.

In the end, the jury heeded the prosecutor’s advice and decided to convict Barbara Agro, a registered medical marijuana patient and caregiver, as charged, reports Ann Zaniewski at the Oakland County Daily Tribune. Agro faces sentencing on July 13 for one count of delivery/manufacture of marijuana, a felony which can get four years in prison.

oakland circuit judge wendy potts flip doc4dd079caa7cd8116504841.jpg
Photo: The Oakland Press
Circuit Judge Wendy Potts ponders one of her “head up the ass” style rulings
The former Lake Orion police dispatcher worked as a receptionist at Clinical Relief, a medical marijuana dispensary in Ferndale. When the place was raided on August 25, 2010, Agro told deputies that she had marijuana plants growing at her house. Deputies found 19 cannabis plants and “other items” during a serch of her Lake Orion home.
Defense attorney Jerome Sabbota said Agro used cannabis for medicinal reasons.
“In this case here, we have a person who was growing medicine for herself,” Sabbota said.
Sabbota pointed to old laws, such as those surrounding prohibition and a law that once made it a crime to harbor a runaway slave. In his opening statement yesterday, he told jurors that laws sometimes need to be changed.
Assistant Prosecutor Hand said that Sabbota did not contest any elements of the charged crime. She said that marijuana, in the state of Michigan, is still illegal, and said Agro is not charged with using marijuana, but with growing it.
“This is not a medical marijuana case,” the assistant prosecutor claimed.
Hand referenced Agro’s age and told jurors that all different types of people break the law.
“The law is, that sympathy and prejudice have no place in the courtroom,” Hand said.
Oakland Circuit Judge Wendy Potts, who evidently issues rulings with her head up her ass, previously granted a motion from prosecutors seeking to prohibit Agro from mentioning the Michigan Medical Marihuana Act during the trial.

How To: Germinate Marijuana Seeds

Check out this video to learn how to germinate your marijuana seeds! Super informative and helpful!


How to: Roll a Crystal Cross Joint Explained by B-Real| Breal.tv

Cypress Hill’s B-Real has started his own streaming video website, where you can keep up with his weed smoking style and music. Breal.tv also spills over on to youtube where you can watch some really smoke sessions and show experts. In this video he teaches us to roll a Crystal Cross Joint.

B-Real has been a leader in the pot community since way back in the day. Cypress Hill was the first of it’s kind, and the most widely recognized rap group to focus so heavily on their love of weed. Every group that has come after them from Kid Cudi to Kottonmouth Kings owes them a debt of gratitude, and so do their stoner fans.

http://www.bakedlife.com/2011/03/b-real-explains-how-to-roll-crystal.html

420 Disaster

Be careful on who you share with at any of the festivals this 420!
You don’t want this to happen to you!
;)

What the Hell is Up With This Marijuana Leaf, Anyway?

http://www.howtogrowbud.com/2011/02/what-the-hell-is-up-with-this-marijuana-leaf-anyway/#axzz1IaKiv3Fk

By: Steve Elliott

Ever since I started writing about marijuana, every time I look for related images online I keep running across a pot leaf photo that just doesn’t make sense.

Unfortunately, it seems to be one of the most popular “marijuana” photos on the web, and, in fact, is the top result for a Google image search on the term “marijuana.” Annoyingly, it’s also the top image result for “marijuana leaf.”
But there’s something just wrong looking about that leaf, and it doesn’t take long to figure out why.
This photo — which Discovery Health says it sourced from Marijuana.com — seems to show what looks like a female cannabis flower coming out the base of a marijuana leaf, where the leaf blades meet the leaf stem.
Now, I know Marijuana.com isn’t known as the best place for accurate weed info. In fact, it’s covered with those maddening “fake marijuana” ads for “legal buds.” But are they really the source of this photo? I’ve not been able to find it on the site.

I’m not saying the photo is absolutely impossible, but I believe it’s just inaccurate — at least, I’ve never seen that happen. Have you? If so, do you have a photo?
Cannabis flowers, as all know, occur either at the very tips of stems, or right against the main stalk of the plant. This is true for both males and females. And while leaves often grow out of buds, buds don’t grow out of leaves — buds grow only out of stalks or stems.
This photo is all the more irritating because of its ubiquity. Seemingly no matter where one looks on the web, there it is, again and again, displaying its botanical unlikelihood as a supposedly representative picture of marijuana in article after article.
It seems to be a real favorite whenever a “mainstream” site is doing a “marijuana article” and looking for a royalty-free photo.
If the bud were down at the base of the leaf stem, rather than at the base of the leaf blades where they meet the stem, I would be more inclined to accept it as genuine. But since I’ve never seen a bud grow at this particular spot on a leaf, I’m skeptical.
There’s only the one photo, seemingly everywhere, showing this phenomenon. I’ve never been able to uncover another one like it.
Who took — or faked — this photo? Why does it depict a bud growing out the base of the topside of a leaf? And why is this inaccurate photo — or, at least, very atypical photo — the most popular marijuana photo on the Web?
marijuana-leaf sized.jpg
Photo: Retro Tee Shirts
An actual marijuana leaf doesn’t have flowers at the base of the leaf blades, where they meet the stem.
male_female_cannabis.jpeg
Photo: Weed Farmer
Cannabis flowers typically grow out of stalks and stems, not out of leaves.

 

Could Medical Marijuana Get the Al Capone Treatment?

(Forbes.com 3/30/11) Could the IRS use the tax code to shut down medical marijuana dispensaries?

In 1931, mobster Al Capone was finally put behind bars because he was convicted of multiple tax-evasion charges, and the IRS is taking a similar approach with medical marijuana today. Many dispensaries in California now face audits that could result in their owing millions of dollars in back taxes.

According to Forbes columnist Robert W. Wood, the agency is relying on Internal Revenue Code Section 280E, which “precludes deductions for any business trafficking in controlled substances.” While dispensaries are legal in some states, including California, marijuana trafficking remains illegal on a federal level. The IRS is arguing that normal business expenses that most companies can deduct on their taxes are not applicable to dispensaries.

The Marin Alliance for Medical Marijuana in Fairfax, Calif., was the first dispensary to be hit with this ruling earlier this month. Founder Lynette Shaw told the Marin Independent Journal of California that the IRS audited the company’s returns for 2008 and 2009 and disallowed all of the alliance’s business deductions such as buying marijuana, hiring employees, and renting office space. Shaw did not disclose the amount the IRS told her she owes, but she described it as “a staggering sum” totaling several million dollars.

“Every dispensary in the nation, past, present and future is dead if this is upheld,” Shaw said. An IRS spokesperson declined to discuss the case. Shaw is currently planning an appeal.

According to a report from The American Independent, at least 12 dispensaries in California are currently being audited by the IRS.

As columnist Wood points out, the law isn’t completely clear. A previous tax court ruling allowed dispensaries to deduct expenses for activities not directly related to dispensing marijuana, such as caregiving, counseling, education and advocacy.

Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws (NORML), told The American Independent that the immaturity of the medical marijuana industry could have opened the door for these audits, since dispensaries are trying to take normal business deductions while also asking for special treatment for their product’s medicinal value.

“Not many people show up in the newspapers screaming that they make millions of dollars and don’t want to pay taxes,” said St. Pierre.

(http://blogs.forbes.com/eco-nomics/2011/03/28/could-medical-marijuana-get-the-al-capone-treatment/)

Follow

Get every new post delivered to your Inbox.

Join 132 other followers

%d bloggers like this: