Posts Tagged ‘marijuana regulations’

Sheriff Offers To Collect Extra Pot Plants Under New Rules

BAKERSFIELD, Calif. — The next battles are already starting over the new county rules on medical marijuana. Supporters said they have petitions ready to challenge the bans on storefront dispensaries and large outdoor grows.

Meanwhile, the Kern County Sheriff’s department said growers with more than the new 12-plant limit can turn that in, with no fear of prosecution.

Kern County Supervisors passed the new ordinances on Tuesday, and Thursday a spokesman said medical marijuana supporters hope to start gathering petition signatures on Friday.

“Right now we’ll have community effort doing it,” California Cannabis Coalition president Craig Beresh told Eyewitness News. “Then we’re going to have paid signature-gatherers in town.”

Beresh said the fight may cost up to $60,000, but the funds are there. He said organizations like his are putting in money, as well as local dispensaries and patients. He said they also plan to file a lawsuit Friday against the ban on collectives, and on Friday they’ll file for a temporary restraining order trying to stop the new ban on outdoor grows of more than 12 plants.

That ban is already in effect, because it was passed as a “urgency ordinance.” Supervisors said they took that immediate action, convinced by law enforcement that most marijuana crops are nearly ready for harvest, and that the large pot gardens are a target for violence.

At Tuesday’s hearing, Kern County Sheriff Donny Youngblood showed the board photos of a very large grow raided this week, which included 17 booby traps, according to officers.

The sheriff’s department announcement on taking in plants said anyone can call 391-7580 for more information. “Arrangements will be made to accept their excess plants for destruction and/or to answer any questions regarding compliance issues,” the statement read.

Eyewitness News had questions about how long that offer will be available, and what penalties growers would face later. But no one was available to answer questions on Thursday afternoon.

Meanwhile, Beresh said the groups supporting medical marijuana will circulate petitions asking voters to sign for a simple referendum on both new county rules, basically whether they don’t want the new ordinances.

The spokesman said if voters approve that, the groups then want to work with county leaders. They hope a task force of appointed community members could then come up with alternatives to the ban. Beresh said many medical marijuana collectives and patients think there should be changes to the current situation.

“We need to regulate it, we need to come down with some rules,” Beresh said.

When asked for examples of better rules, he said, “We need to know where they’re going to be allowed. We don’t want to be on top of each other, we don’t want to be close to schools, we want to do it the right way.”

Beresh said they also want a task force to come up with different rules on medical marijuana grows.

But, getting the new county rules tossed out requires the groups to get enough signatures on the petitions. If that happens, the just-passed county ordinance to shut down the dispensaries would be automatically suspended, according to Kern County chief elections clerk Karen Rhea. She said the groups must get 17,350 signatures in 30 days.

“September 8 is the last day for the protest to be filed with the Board,” Rhea told Eyewitness News.  If the groups get enough signatures, Rhea said the ordinance is set back to the supervisors for consideration. The board can repeal the ordinance or put the question to the voters.

Beresh said if it goes to the voters, the board must set an election within 88 days. But Rhea said that’s not correct. An election has to be held “not less than 88 days” later.

“Should the protest be sufficient and the board decides to put it to a vote, the election may either be called as a special election to be consolidated with the next regularly scheduled county election,” Rhea said.

Can they get enough signatures in 30 days? Beresh is convinced the supporter groups can do it.

“This is not going to be a problem. In fact, I feel this is going to be about the easiest county,” he said. “I’ve talked to many people throughout town, and I don’t find many people that are against it.”

Washington State Man To Choose Jail Over Paying Fine To Protest Marijuana Laws

Dana Walker(ed. note: I came across this online and asked him to share his story with us)

I am Dana, I am going to refuse to pay a fine for an old pot charge Friday, July 29th.

The public is invited.  Here is the Facebook ‘event’ page with the details:  https://www.facebook.com/event.php?eid=225517427489148

Here is a draft of the statement I plan to make:

I would like to point out that I do not drink alcohol or imbibe any dangerous drugs, I do not pillage or plunder, I believe that living your life honourably is one of the most important things a person can do and I practice what I preach.  I am an active and contributing member of my community and I have earned the respect and admiration of large numbers of the people in my community — and I hate to admit it as it goes against my ‘outlaw’ image, but I even obey the traffic laws.  In spite of all this I now have 4 felony convictions and 3 misdemeanor convictions, all for marijuana; I have spent over 6 years of my life incarcerated in a federal prison and four years on federal probation over marijuana, and Thurston County now wants me to pay a fine of $2,010 for marijuana plus $1,754 in interest on that fine that was accrued as I sat in a federal prison all those years.  Since I have been smoking marijuana on a regular basis for over 40 years now and no suffered no any ill-effects of any kind whatsoever that I am aware of, since I consider this state’s marijuana laws to be an unacceptable, unconstitutional, and outrageous infringement upon my personal liberty, since I love smoking marijuana and intend to continue smoking marijuana at any time that I darned well please, and since making someone like me into a criminal over marijuana is insane and stupid; then I am today placing the State of Washington on notice that from this point forward I will not only never again pay the state to prosecute me for marijuana but that I intend to make it as expensive to prosecute me for marijuana as I possibly can — and since I have been in the system for a long time I know how to do that.

I would also like to point out to that the feds had me under their thumb for over 10 years and they did not break me — and as of a few days ago I am no longer under that thumb.  And so today I am celebrating and reclaiming my freedom by informing the state that since I will no longer pay your fines and since I no longer fear your jails then – as far as marijuana goes – you no longer have any power over me and that in fact the stick is now in my hand.

As to the matter now before us I have no intention of making any more payments and I am requesting as long a jail sentence as the law allows for my refusal.

Medical Marijuana Program Goes Forward In D.C.; Feds Watching

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Photo: Medicinal DC

​The District of Columbia passed its first milestone in selecting who gets the much-coveted licenses for the city’s medical marijuana program, even as the federal government is taking a second look at its hands-off approach to those who legally grow and sell cannabis under laws allowing its medicinal use.

More than 80 individuals or businesses applied to cultivate or sell medical marijuana through letters of intent submitted to the Department of Health, reports Tom Howell Jr. at The Washington Times. The applicants range from entrepreneurial lawyers and gardeners in D.C., to medical marijuana professionals based in states like Colorado and Montana.

The city is expected to soon kick off its long-awaited program — put on hold by Congress 11 years ago — in earnest, joining 16 states in legalizing the medicinal use of marijuana for qualified patients.
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Photo: The Georgetowner
D.C. Mayor Vincent Gray has approved final regulations for medical marijuana in the District of Columbia.
Democratic Mayor Vincent S. Gray and other D.C. officials were particularly worried about federal interference in their medical marijuana plans, because the District’s laws are subject to Congressional approval and marijuana is still illegal for any purpose under federal law.
A 2009 memo, issued by U.S. Deputy Attorney General David W. Ogden, reminded federal prosecutors that “no state can authorize violations of federal law” while at the same time advising U.S. Attorneys not to target patients and caregivers acting in compliance “with existing state laws providing for the medical use of marijuana.”
Federal prosecutors for the first two years of the Obama Administration mostly looked the other way in states that had legalized medical marijuana, but a letter from the Department of Justice to U.S. Attorneys across the country last week seemed to signal that law enforcement still plans to go after those who cultivate or sell cannabis, according to a D.C. government source.
The U.S. Attorney for D.C. has not issued any such threatening letters so far, and is “studying the issue to see what input we can provide on the subject,” said Bill Miller, spokesman for U.S. Attorney Ron Machen.
A Congressional rider known as the Barr Amendment had banned D.C. from implementing a medical marijuana program since 1998, when an overwhelming 69 percent of District voters approved legalizing medicinal cannabis there.
The Barr Amendment was finally lifted in 2009, clearing the way for medical marijuana in D.C.
The mayor issued rules in April requiring persons who want to cultivate or sell medical marijuana in the District to send notification by June 17 to the Health Regulation and Licensing Administration, a branch of the city’s health department, ahead of a more formal application.
A host of applicants is vying for the permits for 10 cultivation centers and five dispensaries.
A Freedom Of Information Act request response showed 82 separate applicants for the program, many of them asking for permits to both grow and sell marijuana.
A majority of them — 47 — listed mailing addresses in D.C. in their letters to the health department. Other applicants were from Maryland (18), Virginia (7), New York (3), New Jersey (2), and one each from California, Colorado and Montana.
A few of the out-of-state applicants boasted experience in medical marijuana in states where it is already legal. The health department could not be reached for comment on whether experienced growers and sellers from medical marijuana states would gain preference over applicants originating in D.C.
A panel of five members — one each from the Department of Health, Metropolitan Police Department, Office of the Attorney General, Department of Consumer and Regulatory Affairs, and a consumer or patient advocate — will score each of the eventual applications based on a 250-point scale examining criteria such as security and staffing at facilities, overall business plans and the opinions of local Advisory Neighborhood Commissions.
Beyond community approval, marijuana cultivation centers will be tightly regulated on size, a strict 95-plant limit, staffing, lighting and buffer zones between growing centers and schools.
Applicants must be at least 21 years old and may not have been convicted of any felonies or misdemeanor drug crimes.

How To: Get A Medical Marijuana Card In Washington D.C.

marijuana

Amendment Act B18-622 was approved in a unanimous vote by the Council of the District of Columbia on May 4,2010; the act, which went into effect on July 27, 2010, removed state-level criminal penalties on the use and possession of medical marijuana by qualifying patients. Eligible patients are required to register with the medical marijuana program to obtain a medical marijuana card. The DC law prohibits home cultivation of cannabis and patients are required to obtain their supplies from DC-monitored dispensaries.

However, there has to date been little progress in the establishment of a medical marijuana program in the District of Columbia and it is unlikely that medical marijuana will be available to eligible patients before 2012. We will, of course, keep you updated.

In the meantime, we summarise the important points below.

Washington DC Medical Marijuana – Eligible medical conditions

  • HIV/AIDS
  • Glaucoma
  • Multiple Sclerosis
  • Cancer
  • Chronic renal failure

Any other condition, as determined by rulemaking, that is:

  • Chronic or long-lasting
  • Debilitating
  • Interferes with basic functions of life
  • Is a serious medical condition for which the use of medical marijuana is beneficial
  • Cannot be effectively treated by any ordinary medical or surgical measure
  • For which there is scientific evidence that the use of medical marijuana is likely to be significantly less addictive than the ordinary medical treatment for that condition

You may also qualify as a medical marijuana patient if you undergo any of the following treatments:

  • Chemotherapy
  • The use of azidothymidine or protease inhibitors
  • Radiotherapy
  • Any other treatment, as determined by rulemaking, whose side effects require treatment through the administration of medical marijuana in the same manner as a qualifying medical condition

Washington DC Medical Marijuana – How to Become a Medical Marijuana Patient (Eventually)

  • To qualify as a medical marijuana patient in Washington DC, you must:
  • Be a resident of Washington DC
  • Have been diagnosed with a qualifying medical condition, or
  • Be currently undergoing a qualifying medical treatment
  • Obtain legitimate medical records or documentation from your primary care physician describing their diagnosis
  • Obtain an authenticated written documentation from a Washington DC licensed physician stating that you might benefit from the use of medical marijuana
  • Must have a bona fide relationship with the physician
  • Register with the Washington DC medical marijuana program
  • Obtain a Medical Marijuana card

Washington DC Medical Marijuana – Access to Marijuana and Allowed Amounts

When the program is finally up and running and you have obtained your card you will be required to purchase your cannabis from a District of Columbia registered dispensary. You will be allowed to possess up to two ounces of dried medical grade marijuana.

How To: Get A Medical Marijuana Card in Nevada

Nevada Sign

The Nevada Medical Marijuana Program was adopted by the Nevada Legislature in 2001; registration for a medical marijuana card in the state is administered by the Nevada Department of Health and Human Services (DHSS), State Health Division.

Registration on the Nevada Medical Marijuana program will afford you legal protection from state level criminal penalties for the use, possession and cultivation of marijuana for medical purposes. Nevada Medical Marijuana Law applies if you suffer from any of the following conditions:

The Nevada Medical Marijuana Program: Qualifying Conditions

  • AIDS
  • Cancer
  • Glaucoma
  • Cachexia (wasting disease)
  • Persistent muscle spasms, including spasms caused by multiple sclerosis
  • Seizures, including seizures caused by epilepsy
  • Severe nausea
  • Severe pain
  • Any other medical condition or treatment for a medical condition that is: (a) Classified as a chronic or debilitating medical condition by regulation of the Division; or (b) Approved as a chronic or debilitating medical condition following an application to the DHSS

The Nevada Medical Marijuana Program: Possession

If you hold a Nevada patient ID card you may legally possess:

  • 1oz of usable marijuana
  • 3 mature plants
  • 4 immature plants

You may designate a primary caregiver to help you cultivate and use your medicine. Patients may legally possess items, such as vaporizers and pipes, that are necessary for using cannabis.

Medical Marijuana

The Nevada Medical Marijuana Program: Application Process

Requests for registration on the Nevada Medical Marijuana Program or changes to your current circumstances must be submitted in writing through the US Postal Service, UPS or FEDEX only. This also applies to changes in your current circumstances. There is no walk in service. Your written request should include the following:

  • The address the form should be sent to
  • If you have a caregiver, include a request for a caregiver packet
  • If you are requesting an application for someone other than yourself, include that persons name and address
  • If you are requesting an application for a minor, include a request for a minor release
  • You will not be able to obtain a Medical Marijuana Card if you hold a Commercial Drivers License
  • A registration fee of $50: your check or money order should be made payable to the Nevada State Health Division
  • Mail your request to: Nevada State Health Division, 4150 Technology Way – Suite 104, Carson City, Nevada 89706

You will be sent an application form; to complete it you will need a doctor’s confirmation that you suffer from one of the conditions listed above and recommendation that marijuana will help to relieve that condition. The Division of Health will check the status of the doctor who provided the recommendation; they will also check out whether you have any past convictions for selling a controlled substance.

On approval your registry ID card will be issued at a DMV office in Las Vegas, Henderson, Reno, Elko, or Carson City.
The Nevada Medical Marijuana Program: Doctors

Any Doctor of Medicine (MD) or Doctor of Osteopathy (DO) licensed in Nevada can recommend a patient for Nevada’s medical marijuana program.
The Nevada Medical Marijuana Program: Caregivers

As a patient, you and your designated primary caregiver are allowed to produce marijuana. You are only allowed one primary caregiver at a time. Your caregiver must be at least 18 years old, have significant responsibility for managing your well-being, and be officially designated as your primary caregiver. If you want a designated caregiver, make sure to request a caregiver packet when you request an application from the Division of Health.
The Nevada Medical Marijuana Program: Important Information

  • Nevada medical marijuana law does not protect a patient who uses their medicine while driving or operating a boat. Nor does the law allow you to medicate in any place exposed to public view
  • A patient under the age of 18 must have a signed statement from his or her parent or legal guardian saying that the parent will be the patient’s designated primary caregiver and agrees to control the acquisition of medicine, the dosage, and frequency of use
  • The list of patients with IDs is confidential and not subject to subpoena, discovery, or inspection by the general public
  • Nevada medical marijuana law does not specifically address whether or not you can be evicted because you are a patient with an ID. Nothing in the Nevada law specifically addresses whether or not a person can be a patient and live in subsidized housing. If you live in housing funded by the Federal Department of Housing and Urban Development (HUD), Nevada law will not protect you and you may be subject to eviction because medical marijuana is not protected under federal law
  • Nevada’s medical marijuana law states that no correctional facility, including a county jail, state prison, or juvenile detention center, is required to accommodate a medical marijuana patient
  • Nevada does not require employers to accommodate medical marijuana use in the workplace
  • Nevada does not require an insurance carrier to reimburse you for the cost of your medicine
  • The Nevada Medical Marijuana Program does not offer protection from prosecution to visitors from other states. If you do not have a Nevada patient ID you will not be protected from prosecution under Nevada law
  • The Nevada medical necessity defense should still apply to an out of state patient

The Nevada Medical Marijuana Program: Contact Details

-from medicalmarijuanablog.com

Arizona AG Worked With Anti-Marijuana Leader On Lawsuit

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Photo: James King/Phoenix New Times
Whack-job Arizona Attorney General Tom Horne started working on a nefarious plan to stop medical marijuana almost as soon as voters had approved it last November.
Elected state officials busily working to defeat the will of their state’s own voters — it’s an unseemly spectacle, and it’s unfolding as we speak in Arizona. Making the entire scene even more ugly is the fact that seriously ill patients are needless suffering as a result.

Within weeks of Arizona voters approving medical marijuana in their state, the top law enforcement official in the state was devising ways to stymie the will of the people. Whack-job Arizona Attorney General Tom Horne discussed a plan to launch legal action agains the state’s medical marijuana law during a January meeting with the law’s biggest opponent, it has been revealed.

Carolyn Short, who led last year’s unsuccessful campaign to stop Proposition 203, which legalized medical marijuana in Arizona, refers to the meeting in a February 16 letter [PDF] to state Department of Health Services Director Will Humble, reports Ray Stern at Phoenix New Times:

On January 10, 2011, [former Arizona U.S. Attorney] Paul Charlton and I met with Attorney General Horne to discuss our conclusion that implementation of Prop 203 would subject you and other ADHS employees to federal prosecution for violating the Controlled Substances Act (“CSA”).

AG Horne suggested that he could file a declaratory judgment action, asking a court to determine whether the implementation of Arizona’s law would subject you and other ADHS employees to the risk of federal prosecution under the CSA.

Horne and Governor Jan Brewer put that idea into action last month, filing a lawsuit in U.S. District Court. The suit asks the court to make a “declaratory judgment” on the legality of Arizona’s new law.


State officials claimed at the time that a letter to Humble by U.S. Attorney Dennis Burke prompted them to file the lawsuit. Though both Horne and Brewer openly opposed Prop 203 before voters approved it, Horne claimed to reporters last month that he and the Governor were taking a “neutral” (yeah, right) stance on the new law.

“Short’s letter lays rest to the notion of neutrality,” Stern reports in the New Times. “And it makes Burke’s May 2 letter, which merely reiterated that marijuana was against federal law, (okay, there was some new stuff about the potential risk to property owners, landlords and financiers), appear to be little more than political cover for Horne and Brewer to launch a pre-planned attack.”

Besides mentioning Horne’s idea for a federal lawsuit, Short’s letter lays the groundwork for the theory that state employees are at risk of being federally prosecuted for simply carrying out the wishes of Arizona’s voters.

Horne and Brewer claimed last month that their lawsuit — in which they are plaintiffs attempting to defeat the will of the voters — that they’re “concerned” about state employees being prosecuted.

Yet, according to New Times, U.S. Attorney Burke never threatened state employees in his own letter, and the idea that the Obama Administration would arrest state officials in Arizona (or in Washington, where Governor Christine Gregoire used an almost identical excuse to gut a law which would have legalized dispensaries there) is simply far-fetched — as in, it has never happened, anywhere, ever.

“Brewer and Horne could have let Burke and the DEA make the first move against Arizona voters, then defended the medical marijuana law as vigorously as they’re defending the immigration laws,” Stern writes. “Instead, the governor and AG appear to be working in concert with Proposition 203′s opponents to defeat the law by any means necessary.”

Washington D.C. Mayor Approves Final Medical Marijuana Regulations

Today Vincent Gray – mayor of Washington D.C. – announced that he has approved the final regulations that will govern medical marijuana production and distribution in the city. The rules will be published and go into effect on April 15th, and the City Council will have thirty days to review them. From an email alert from our friends at The Marijuana Policy Project:

Once the final regulations are published, the Department of Health will begin taking applications from individuals or organizations hoping to open one of five medical marijuana dispensaries and 10 cultivation centers. These applications will be evaluated using an objective, scored system based on how well they meet the criteria set forth in the regulations, and will be reviewed by a panel that includes members of the Department of Health, Metro Police, and other agencies tasked with oversight. Seriously ill D.C. residents will also be able to begin filing their applications for medical marijuana licenses.

420times 000011937413XSmall 200x300 Washington D.C. Mayor Approves Final Medical Marijuana Regulations“It’s been a long wait, but I’m glad that the thousands of District residents who might benefit from this program can finally see a light at the end of the tunnel,” said Dan Riffle, a legislative analyst with the Marijuana Policy Project. “Now the work begins in selecting the most qualified individuals to grow and dispense marijuana, and ensuring our nation’s capital sets another example of how carefully crafted medical marijuana programs can protect seriously ill patients in a safe, responsible, and effective manner.”

Patients that would qualify for the program are looking forward to starting the application process, but are wary that the regulations do not go far enough to protect patients. Theresa Skipper, an HIV patient from the District who has used marijuana to treat her condition, said, “I’m glad the mayor is finally getting around to signing this into law. Patients like me have waited long enough for legal access to our medicine, and knowing that we won’t have to wait much longer is a huge relief to all of us. I just want to follow the rules and try to live a normal life, and this is an important step, but we need to continue working to protect the rights of patients under this system.”

In fact, patients have had to wait 12 years since voters in the city passed a medical marijuana ballot initiative. That’s an incredibly long time to make sick people suffer, especially since many states have set up working medical cannabis systems that can be cherry-picked from , or copied outright.

Things continue to move forward on multiple fronts in the realm of medical marijuana, and we must continue to push politicians all over the country to do what is right; and what is right is providing relief to sick people.

- Joe Klare

http://the420times.com/2011/04/washington-d-c-mayor-approves-final-medical-marijuana-regulations/

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