~ 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.
San Diego Union Tribune, 03 May 2015 - I am amazed at how opposition to the marijuana industry ("Pot dispensary forecast cools," April 24) continues to be thinly veiled in regulations and opinions of how the industry should operate. Unfair filters that no other industry has to face continue to be barriers to success of the industry. Politicians sho […]
Los Angeles Times, 02 May 2015 - California Lawmakers Are Considering Multiple Plans to Regulate Marijuana Shops and Growers SACRAMENTO - California lawmakers are wading into the politically sticky issue of regulating medical marijuana, laying groundwork for state control of the sale and cultivation of cannabis with the expectation that voters will legalize […]
Appeal-Democrat, 30 Apr 2015 - We're aware of the fact that most of what we can say about the medical marijuana cultivation situation in Yuba County is now based on hindsight. What good does that do? Who knows, but we find it regrettable that there's a fair contingency of folks lining up to scold supervisors who, in turn, are just digging in. We ha […]
Anderson Valley Advertiser, 29 Apr 2015 - Candy Bergen has just published a memoir called "A Fine Romance." According to the New York Times, the actress "parses the nation's infatuation with the CBS sitcom 'Murphy Brown,' in which she starred for a decade as a take-no-prisoners, formerly booze-guzzling television reporter." […]
North Coast Journal, 30 Apr 2015 - Pot's on a lot of minds in Sacramento these days. Our own state senator, Mike McGuire, announced on 4/20 that his proposed medical marijuana bill received the unanimous approval of the Senate Business and Professions Committee. The bill would create a Bureau of Medical Marijuana Regulation under the state's consum […]
Chico Enterprise-Record, 30 Apr 2015 - I read Garry Cooper's April 15 letter to the editor, which caused me to re-read the article regarding Measure A enforcement on April 8. Cooper's letter is filled with inaccuracies and exaggerations. If Cooper is going to quote people or articles, then he should quote them correctly.
SF Weekly, 30 Apr 2015 - DRY HIGH Last week, 60 law enforcement officers raided a massive and sophisticated illegal marijuana grow operation in Tulare County. The bust - 49 greenhouses, 12,000 plants, 50 pounds of processed product, and 2,600 pounds of "partially processed" marijuana - is one of the biggest in recent memory. It also provided an unw […]
East Bay Express, 24 Apr 2015 - Hopefully, California residents are paying attention. Forcing the black market to regulate cannabis (marijuana) has proven to be one of the United States' worst policy failures in history. Forcing government to regulate the relatively safe, god-given plant is best for everyone. Since Colorado re-legalized cannabis, nearly […]
Los Angeles Times, 29 Apr 2015 - Under California law, first-time offenders caught by police with small amounts of illegal drugs can qualify for "deferred entry of judgment," in which a judge accepts a guilty plea, then suspends criminal proceedings while the offender enters rehabilitation or another court-approved program targeting drug use and re […]