Archive for the ‘Law’ Category

Time to legalize?

Saturday, July 25th, 2009

How come in one state a man is locked in prison, has his car taken away, his house taken away and loses his job because he is placed in prison for marijuana, while in another state men and women openly smoke marijuana in the street without fear of prosecution? How is this America? How is this fair to patients trying to relieve their symptoms using a safe and natural and most effective medicine for their ailment?? Answer that!

OAKLAND, California (CNN) — Richard Lee greets students, shopkeepers and tourists as he rolls his wheelchair down Broadway at the speed of a brisk jog, hailing them with, “Hi. How ya doin’?”

In this nine-block district of Oakland, California, called Oaksterdam, Lee is a celebrity.

Oaksterdam is Lee’s brainchild, a small pocket of urban renewal built on a thriving trade in medical marijuana. The district’s name comes from a marriage of Oakland and Amsterdam, a city in the Netherlands renowned for its easy attitude toward sex and drugs.

Lee is the founder of Oaksterdam University, which he describes as a trade school that specializes in all things marijuana: how to grow it, how to market it, how to consume it. The school, which has a curriculum, classes and teachers, claims 3,500 graduates.

Lee also owns a medical marijuana dispensary, a coffee house, a large indoor marijuana plantation, and a museum/store devoted to the cause of legalizing marijuana.

Marijuana is safer than alcohol, and they sell alcohol across the street from schools and churches and on all commercial streets that have liquor stores. Think of how many stores in your area sell alcohol, which is not even a drug, its a toxin!

“I really see this as following the history of alcohol. The way prohibition was repealed there,” Lee says, adding that he believes he is close to achieving his mission.

Lee is organizing a petition drive to place a marijuana legalization measure on the ballot in 2010, and he thinks the measure stands a good chance of being approved by voters.

It is far past time for Americans to stand up to the government regarding this incendieary topic. It is TIME TO LEGALIZE marijuana in the United States.

A recent California Field Poll showed that more than half the people in the state, where marijuana for medical use was approved more than a decade ago, would approve of decriminalizing pot.

The state’s faltering economy is one reason why. If legalized, marijuana could become California’s No. 1 cash crop. It could bring in an estimated $1 billion a year in state taxes.

Democratic State Assemblyman Tom Ammiano is spearheading a cannabis legalization bill in the California Assembly. He believes the state’s need to increase tax revenues will work in his bill’s favor.

“I think it’s a seductive part of the equation,” he says.

Ammiano says there are a number of ways legalized pot could be marketed, “It could be a Walgreens, it could be a hospital, a medical marijuana facility, whatever could be convenient. Adequate enforcement of the rules. Nobody under 21. No driving under the influence.”

Even California’s Republican governor, Arnold Schwarzenegger, says legalizing marijuana deserves serious consideration.

“I think we ought to study very carefully what other countries are doing that have legalized marijuana,” Schwarzenegger says.

But Ammiano says selling a legalized marijuana bill to his fellow legislators remains a delicate matter.

Delicate matter yes, but should it be allowed to those who do not feel pain everyday to decide? Should people who think “pot is bad” be able to dictate whether it has medicinal qualities or not? Fact is, marijuana has been a medicine for thousands of years, and for anyone to state otherwise is insane.

Nonviolent medical marijuana users are being arrested and thrown in jail, costing states and cities millions and millions of dollars, while drunks walk the streets free and able to get their alcohol on every street in America. Not only is this unjust, it says something about the compassion of American’s towards the ill in this land.

There are 24-hour bars, and 24 hour liquor stores in this country, but somehow police and politicians feel threatened about a medical facility that forces patients to produce a doctor’s recommendation for a medicine that helps them? Absurd! Patients must pay to see a doctor, pay to have the state issued medical marijuana card before getting access to their medicine… however, underage teens need look no further than next to the milk in the fridge to get ahold of dad’s beer.

Children drink alcohol taken from liquor cabinets and fridges every single day in America. Marijuana is much more regulated and in states like California, teen marijuana use has DECLINED since medical marijuana has become so popular and less of it is being sold illegally on the street considering so many patients have now become legal, law abiding pot smokers. Unlike liquor stores that sell alcohol to underage kids every day in America, medical marijuana dispensaries are ran like pharmacies and have security guards and one does not get their medicine until ID and doctor recommendation, or state issued card is shown!

See through their smoke screen, yes, it is time to legalize. Not tomorrow, TODAY!

Horrible Flaws In NH Marijuana Legislation

Tuesday, June 30th, 2009

I applaud the folks in New Hampshire for their efforts, however, by not allowing patients or caregivers to grow their own medicine you are essentially stripping patients and caregivers of their right to possess and grow a natural plant that can yield organic and safe medicine. Again, I applaud the effort but this provision will ruin the entire bill in my opinion.

The New Hampshire Legislature has passed legislation that would allow chronically ill patients to use medical marijuana with a doctor’s prescription.

Gov. John Lynch, a Democrat, said he would study the bill before deciding whether to sign or veto it. He has raised concerns about preventing marijuana cultivation and distribution. The bill would prohibit users or caregivers from growing the plant, which would be dispensed in licensed “compassion centers.”

Patients on the medical marijuana program should in fact be allowed to grow their own, not be overcharged and taxed on medicine! Sure, dispensaries are needed for some, but the fact is, dispensaries are not cheap and in fact are quite costly. Patients who can grow their own, and caregivers who plan on growing for sick people, should be allowed to grow this plant.

How long until they use this as a way of stopping patients from getting medicine? What do I mean? Even in California, counties are fighting to keep dispensaries open, many people do not want dispensaries in their city. These politicians will just place these “compassion centers” out of reach for most and not allow them in most cities and districts! Forcing patients to continue buying marijuana on the street, you have to open your eyes.

Allow patients to grow, allow caregivers to grow.

You cannot expect the few “compassionate centers” the state will allow to handle the entire state’s patients, you must allow patients to grow their own, if not, you are denying many safe access to medicine. How many will open? Will folks from across the state have to drive miles and miles to get medicine from an overpriced dispensary taxing their medicine? Sick people should be allowed to either grow their own if they can, or have a compassionate caregiver provide their medicine, not be overly taxed and charged for a plant that anyone can grow!

If the law is enacted, the Granite State will become the 14th state allowing medical marijuana and the fourth state to license dispensaries.

Already in California we see counties trying to eliminate dispensares, and in some cases are being successful, despite Proposition 215 being a state law politicians will always use their districts to exert influence among constituents, especially when it comes to opening marijuana dispensaries in their cities.

By not allow patients and caregivers to grow cannabis for medicine, you keep the state in full control and force patients to pay extraordinary amounts for something that can grow in any backyard in America! FOR FREE!!! Don’t let them take away your rights to a plant that was founded in your birth and arrival on this Earth. No man can take away our medicine, no one who walks on legs can stop us from using this wonderful plant to achieve a better life.

New Hampshire license plate motto is “live free or die” well, not if you plan on growing your own medicine, this state wants to make as much money as they can off of the sick and dying. If you cannot even grow your own marijuana plant there, you are hardly a free people. You are not even compassionate enough to allow sick people to grow their own cannabis to use as medicine, far from free.

Los Angeles Closes Loophole

Thursday, June 11th, 2009
Stunned by the spread of medical marijuana dispensaries in Los Angeles, the City Council moved Tuesday to close a loophole that had encouraged their rapid growth.

The council also rejected a dozen applications from dispensaries that sought permission to operate despite the city’s moratorium and prepared to extend the ban for six months beyond its expiration in September.

When people need access to medical marijuana, are you surprised when the public’s demand meets the growing number of suppliers? Sick people need to have access to their medicine, not have 1 or 2 places miles away that sell their medicine. The number of dispensaries popping up, means that people are buying what they need, their medicine. And legally doing so. Safely, and no longer on the black market, they are paying tax and being good citizens.

The number of stores in the city has tripled, to nearly 600, since the City Council imposed a moratorium on new outlets in 2007.

Why the concern? Are these guys worried about the amount of liquor stores on every corner in their city?

And a council committee unveiled a revamped proposal for a comprehensive ordinance to replace the moratorium.

“We know that time is passing. We’ll close the loopholes, plug these floodgates,” said Councilman Ed Reyes, who leads the committee that oversees medical marijuana.

When the city adopted the moratorium in 2007, it allowed 186 dispensaries to stay open. Now there are 600 or more.

Los Angeles should be worried more about its gang problems and meth labs in stead of medical marijuana dispensary loopholes, and stop trying to stop what is obviously supported by the public demand for medical marijuana. Only legal, card holing marijuana patients can buy from dispensaries, this is safe and effective medicine, not street drugs, stop treating it as if it is. This product is taxed, and while California is doing so terrible financially right now, its best if California would make profit from this natural plant and stop trying to stop people from getting medicine into the hands of sick people, or those who need medical marijuana.

Medical Marijuana Dispensary Boom in Los Angeles

Wednesday, June 3rd, 2009

It is a good thing that the number of medical marijuana dispensaries are increasing, this will help drive the price down and create a good market for those looking for safe access to cannabis.

So, it is with a smile, I relay this latest news to you.

From L.A.’s medical pot dispensary moratorium led to a boom instead

A ban meant to prevent new dispensaries from opening included a loophole that entrepreneurs have exploited. Where four years ago there were only a handful, now there may be 600 dispensaries.

With the amount of drug and alcohol (liquor) stores near schools and churches and parks, why should people be worried about actual medical facilities that serve sick patients with medicine? The demand for medical marijuana is great enough to support the amount of dispensaries opening and this shows the public support of medical marijuana!

Four years ago, when the Los Angeles City Council started to wrestle with how to control medical marijuana, there were just four known storefront dispensaries, one each in Hancock Park, Van Nuys, Rancho Park and Cheviot Hills.

Now, police say there are as many as 600. There may be more. No one really knows.

That exponential rise came despite a moratorium passed in 2007 that was supposed to prohibit new dispensaries from opening. An exception was made for 186 that were already in business and registered with the city.

“The city of L.A. has failed us on this issue,” said Michael Larsen, public safety director with the Eagle Rock Neighborhood Council. “There’s a huge loophole. L.A. city’s not watching. L.A. city’s not enforcing.”

No other city in California has seen such uncontrolled growth in dispensaries. As signs featuring the easily recognized saw-toothed cannabis leaf multiplied on commercial strips, neighborhood activists like Larsen began to ask their council members why the city was not shutting down dispensaries that opened after the moratorium.

I wonder how many liquor stores L.A. has?

The moratorium includes a standard provision that allows dispensaries to appeal to the City Council for a hardship exemption to be allowed to operate. Some time last year, medical marijuana entrepreneurs discovered that the city attorney’s office was not prosecuting dispensaries that had filed hardship applications, saying the City Council needed to rule on them first. The council has not acted on any of the applications.

So far, 508 dispensaries have applied for exemptions.

It was months before anyone at City Hall realized what was happening.

Dispensaries have spread across the city. In some places, they are clustered two or three to a block, sometimes near schools, libraries and parks. When the council passed the moratorium, it did not include LAPD Chief William J. Bratton’s recommendation to keep dispensaries at least 1,000 feet from places that children frequent.

I can understand the concern for children being around medical marijuana facilities, but this is medicine folks. People are not sitting around smoking joints at these places, strict “no smoking” rules are in effect, and the idea that there are many cities and states with liquor stores and drug stores near schools is ironic, don’t you think? One serves a drunken public, the other serves sick patients seeking legal access to their medicine.

We can all agree regulation of medical marijuana dispensaries will most likely be necessary, however, we must remain logical and proceed with reason and compassion for the patients who need these dispensaries for safe access to their medicine. Many patients are too sick to even grow their own marijuana, much less drive across three hour traffic in Los Angeles to get to a dispensary. These are sick people and just like drug stores are in our neighborhoods offering our elderly their meds, we must accept that medical marijuana grow ops and dispensaries will undoubtedly become part of the American landscape.

Until we do, we can advance no further… it is time to look past “pot” and refer only to this plant, as “medicine.” Maybe then, and only then, will some stop and consider the pain and anguish many of us go through daily trying to self medicate with a natural and effective medicine, but risk being labeled and prosecuted as a criminal by doing so under current law.

If you can grow, you should be allow to. If you cannot, you should be allowed to drive to a nearest medical marijuana dispensary and purchase your “medicine.” laws already protect California drivers from prosecution of possession while driving. All patients should have access to their medicine, even if that medicine is marijuana.

Supreme Court Refuses To Challenge California Medical Marijuana

Monday, May 18th, 2009

Another victory for medical marijuana.

WASHINGTON (AP) — The Supreme Court won’t hear another challenge to California’s decade-old law permitting marijuana use for medical purposes.

The high court on Monday refused to hear appeals from San Diego and San Bernardino counties, which say the justices have never directly ruled on whether California’s law trumps the federal controlled substances laws.

Supporters say marijuana helps chronically ill patients relieve pain. Critics say the drug has no medical benefit and all use should be illegal.

San Diego supervisors had sued to overturn the state law after it was approved by voters in 1996, but lower courts have ruled against them.

San Diego and San Bernardino counties argued that issuing identification cards to eligible users, as required by the 1996 state law, would violate federal law, which does not recognize the state measure.

A state appeals court ruled that ID card laws “do not pose a significant impediment” to the federal Controlled Substances Act because that law is designed to “combat recreational drug use, not to regulate a state’s medical practices.”

The cases are County of San Bernardino v. California, 08-897 and County of San Diego v. San Diego NORML, 08-887.

Read those quotes in bold a few times :)

Marijuana: A New, Honest Image

Wednesday, April 29th, 2009

Who cannot agree with this?

Post gazette writes in: State to consider medical marijuana use HARRISBURG — A state legislator from Philadelphia said today it’s time to get rid of the decades-old negative image surrounding marijuana and replace it with “a new, honest image.”

How? By legalizing the use of small amounts of marijuana for medicinal purposes, such as reducing pain for sufferers of cancer or multiple sclerosis, helping people with glaucoma and assist with insomnia and mental disorders such as manic depression, said Democratic Rep. Mark Cohen.

There are so many uses for medical grade cannabis, including Migraine nausea and relief.

He introduced House Bill 1393, which would put Pennsylvania in a league with 13 other states that permit a person, with a doctor’s recommendation, to apply to the state Department of Health for a “registry card” that would allow the patient to purchase or grow one ounce of marijuana at a time.

“The only thing blocking this bill’s passage is the old image that marijuana has from the 1930s,” Mr. Cohen said. “It’s time to create a new image, as a form of treatment that, when prescribed by responsible doctors, could help thousands of patients in Pennsylvania.”

People with state-issued registry cards could either grow up to six marijuana plants at their home or buy it at yet-to-be-created “compassion centers,” legal dispensaries of medical marijuana. The sale of marijuana would be subject to the state’s 6 percent sales tax, and Mr. Cohen claimed that the state could get up to $25 million a year in new revenue.

Patients should be able to grow more than six plants, and should be allowed to grow as much as needed to treat their condition. The amount of medicine one can harvest from one plant differs so much, it is not hard to imagine that some people can grow plants better than others and some people will not be able to grow enough medicine with just six plants. Sometimes plants get sick and more than six is needed to grow enough for one patient to be able to use regularly.

He appeared at a news conference today with Chris Goldstein, an advocate with Pennsylvanians for Medical Marijuana, and Chuck Homan, a 58-year-old roofer from York County who was arrested last year for growing marijuana plants on his property. He uses marijuana to allow him one or two hours of sleep a night.

Without it, he said, he can’t even sleep that long. He attributed his insomnia to suffering from depression. His legal case is still pending, he said, but now he has joined the effort to legalize medical uses for marijuana.

Mr. Cohen said he has six co-sponsors for his bill, far short of the 102 votes he needs in the House. The Senate, controlled by Republicans, many of them social conservatives, will likely be even tougher
.

And then we get to what is holding back progress… instead of the patients and citizens being allowed safe and effective medicine they can grow themselves, the politicians sit back and vote against medical marijuana while the people suffer pain.

Will New York Be Next?

Tuesday, April 21st, 2009

The push for medical marijuana is getting some attention in New York…

The movement to legalize medicinal marijuana is gaining momentum in New York, with a proposal to let some people grow their own or buy from a state-approved organization.

Sen. Thomas Duane of New York City is introducing the bill, which will have a matching version sponsored by Manhattan Assemblyman Richard Gottfried. The Democrat-led Assembly has passed similar measures in recent years, but the issue fizzled in the formerly Republican-led Senate.

Now Democrats have taken control the Senate and the issue could get some traction in that chamber. A spokesman for Senate Majority Leader Malcolm Smith didn’t immediately comment.

Gov. David Paterson’s office also did not comment on the proposal Duane is set to release Tuesday.

Hopefully we see more and more medical marijuana bills introduced this year.

Michigan Medical Marijuana Law Tested

Wednesday, April 15th, 2009

Michigan has some new laws on the books, and one concerns medical marijuana.

Detroit Free Press reports in Medical Marijuana Law Put To Test: Michigan’s medical marijuana law is getting two tests in metro Detroit, with a Madison Heights couple arraigned Tuesday on drug manufacturing charges and a Chesterfield Township man using it to fight an arrest for possession.

Why should anyone who needs medical marijuana be arrested and denied their medicine?

Both cases have the potential to set precedents under the medical marijuana law, which went into effect Dec. 4.

In the March 30 raid of the home of Robert Redden, 59, and Torey Clark, 47, Madison Heights police seized 21 plants. Redden and Clark said they use marijuana for pain relief and, per the law, have letters from their doctors recommending its use.

Each faces felony manufacturing charges, and because of prior convictions, each faces up to 14 years in prison and a fine of up to $1 million if convicted.

14 years in prison for following a doctor’s orders? Imagine if the police kicked in an elderly patients door and arrested their for their prescription Vicodin? That is essentially what this amounts to. These people are growing their own safe and effective medical cannabis. Supplying themselves with their own natural medicine and they are being treated as criminals!

The raid came just days before a state program to issue official ID cards for people allowed to use medical marijuana began, and Madison Heights Deputy Police Chief Tony Roberts said having letters “doesn’t fulfill the legal requirement.”

The couple’s lawyer, Rob Mullen, said of police: “They’re not recognizing the law.”

Robert Dickson, a 53-year-old Chesterfield Township man with liver problems, is trying to use the law to fight a May 2008 arrest for marijuana possession. His case was adjourned Monday for 30 days while Dickson applies for his ID card.

His lawyer, Joe Biondo, said the law opens the door for a medical marijuana defense.

Now that the state has a medical marijuana program people like this need to be removed from the justice system and allowed to remain free and grown their own medicine.

Will Florida be Next Medical Marijuana State?

Tuesday, April 7th, 2009

To those reading this who live in Florida, keep up the fight!

People United for Medical Marijuana (PUFMM) has received approval from the Florida Division of Elections to circulate a petition that may place a constitutional amendment on the 2010 ballot that would allow marijuana to be used for medicinal purposes.

PUFMM chairman Kim Russell says patients need “safe, affordable and effective medication.” With already 5,000 supporters statewide, this amendment would give patients the right to grow, purchase, possess and obtain marijuana for medical treatment.

PUFMM says that the medicine can be used to treat Alzheimer’s, arthritis, cancer, glaucoma, and Parkinson’s disease in addition to being an appetite stimulant and natural pain reliever.

Opponents of medical-use laws believe that the passing of this amendment will lead to the legalization of marijuana and substance abuse.

“The door has already been open to substance abuse. Since this drug war has started, we have larger users than ever before so it is not going to affect that in any way. People are already getting their drugs that want to get them. It is the law abiding citizens that are sick that are the ones getting hurt in all of this,” says Russell.

Thirteen states have already passes similar legislation and nine other are in the process of moving in this direction.

Medical marijuana should be legal in America.

No Prosecution Of Medical Marijuana Growers

Sunday, March 22nd, 2009

This is the way it should be. If you are following state law, growing legal medical marijuana you should never be put in jail!

After California legalized medical marijuana, Charles Lynch opened a cannabis dispensary nearly two years ago in Morro Bay, getting a license from the city and joining the chamber of commerce.

A year later, U.S. drug enforcement agents raided his business. Now Lynch is worried that he’ll get at least five years in prison when he’s sentenced tomorrow in federal court in Los Angeles on five counts of distributing marijuana.

Whatever happens, Lynch said, he’ll appeal. “I don’t feel like I deserve going through life as a convicted felon for doing things the state of California allowed me to do,” he said.

Attorney General Eric Holder
has said that there would be no more federal prosecutions of cases involving medical cannabis dispensaries. He said they would be left alone as long as they were complying with state laws.

Holder said that his department will focus on people and organizations growing or cultivating “substantial amounts of marijuana and doing so in a way that’s inconsistent with federal law and state law.”

As long as you follow the rules you can grow medical marijuana in states that allow you to do so, without fear of prosecution or jail time.

isn’t that beautiful?

Now when will it be coming to a state near you??? When will sick and dying people in states that have no protection, get some???

The decision affects California and 12 other states that have legalized marijuana for medical purposes: Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington state.

Over the past 2½ years, the federal Drug Enforcement Administration has raided at least 80 dispensaries in California.

Yet criminal charges have been filed only in several of those cases against the biggest distributors accused of breaking both federal and state laws, said Thom Mrozek, spokesman for the U.S. attorney’s office in the Central District of California.


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