~ Marijuana News, Rootz and Culture from the Heart of the Emerald Triangle ~
Chaotic and Contradictory Marijuana Laws for Medical Marijuana Patients
The local, state and federal laws regulating medical marijuana in California grew even hazier with the Obama administration’s recent memo that threatened to prosecute anyone in the business of growing or supplying pot to patients.
The memo represented a significant departure from its sensible October 2009 guidelines that essentially assured dispensaries and patients that the federal government was not interested in going after operations that complied with state law.
Now the clinics are put in the untenable position of wondering whether the next knock on the door might be from federal agents.
The state of the law could not be more chaotic and contradictory. Marijuana remains classified as an illegal drug under federal law, period. California voters sanctioned the use of marijuana for medical purposes in 1996, but the state has all but looked the other way about where and how those dispensaries have been obtaining bulk quantities of the drug. The voter-approved initiative offered little guidance – other than expressly allowing cultivation for personal use – and elected leaders in Sacramento have largely avoided the supply question.
Some cities, notably Oakland, have tried to fill the void by legalizing large-scale indoor growing operations – but backed off when the U.S. attorney warned that it would be in violation of state and federal law.
Meanwhile, dispensaries have proliferated in many cities, classified ads for friendly doctors are abundant, and patient ID cards are not much more difficult to obtain than a box of Sudafed. Personal possession of less than an ounce of marijuana without a doctor’s recommendation has been reduced to an infraction, with a $100 fine.
California voters wisely rejected Prop. 19 last year, which would have legalized marijuana without sufficient controls and restraints. It would have made no sense to replace one form of chaos with another – and almost certainly would have attracted an aggressive federal response.
The feds are raising fair questions about whether a see-no-evil approach to the growing and supply chain has allowed cartels and other crime operations to exploit the lax oversight.
Perhaps the feds might be more willing to defer to state laws if they were more structured and realistic. But that would require a level of leadership that has been missing on this issue at the state level over the past 15 years.
"The prestige of government has undoubtedly been lowered considerably by the prohibition law. For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. It is an open secret that the dangerous increase of crime in this country is closely connected with this." Albert Einstein, "My First Impression of the USA," 1921
Ngaio Bealum joins us to discuss the effects of the West Coast medical marijuana crackdown, promoting May 20 Portland Mt. Tabor Theater show; Dave Bienenstock from HIGH TIMES with a preview of the newsstand issue and San Francisco's Medical Cannabis Cup; music by The Effinays
Live report from attorneys Lance Rogers and Michael Cindrich at the San Diego NORML protest of DEA abuse of Daniel Chong; highlights from the DFW NORML Cinco de Mota march; Rant: Debunking No on I-502 Misinformation, Again.
The Chico News & Review, 14 Jan 2016 - Re "Undermining the public's trust" (Guest comment, by Nathan Esplanade, Jan. 7): Apparently to undermine my anti-alcohol and -marijuana guest comment last week, the CN&R changed and deleted some of my words and made others insensible, and completely omitted my conclusion.
Los Angeles Times, 04 May 2016 - "We thought America was the best in the world." "This can't be happening." That's how Saw Marvellous Soe and Eh Wah described their astonishment after police seized more than $ 53,000 in cash from Eh Wah's car in Muskogee, Okla., in February. Eh Wah is tour manager for a Christian rock band […]
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Chico Enterprise-Record, 05 May 2016 - SAN FRANCISCO (AP) - Backers of a marijuana legalization initiative say they have collected enough signatures for the measure to qualify for the California ballot this November. A coalition that includes former Facebook President Sean Parker and backed by Lt. Gov. Gavin Newsom and the nation's leading marijuana adv […]
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Sacramento News & Review, 05 May 2016 - Is there such a thing as a strain identification resource? I have a bud from Philly that I love, but I'd love to know what it is. - -H.M. First of all, does Philly have good local bud? I am inclined to believe that your weed is from California, Oregon or Colorado. Kidding! I'm sure Pennsylvania has some g […]
Los Angeles Times, 04 May 2016 - High- Profile Coalition Will Submit 600,000 Signatures to Give Voters a Chance to Legalize Marijuana. SACRAMENTO - A measure to legalize marijuana for recreational use in California appears headed for the Nov. 8 ballot.
East Bay Express, 04 May 2016 - Fresh off a ban on all medical cannabis cultivation, it's now one of the first local governments to awaken to new state laws and the industry's revenue potential. California's counties are sleeping giants when it comes to medical marijuana, but Alameda County is beginning to stir.