~ 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, 27 May 2016 - North Coast Cannabis Cultivators Fear the Moneyed Establishment Shouldering into Their Scruffy Livelihood REDCREST, Calif. - For the Humboldt farmers, Sonoma County's subterranean tasting rooms and Tuscan affectations offered a glimpse into a rarefied realm of legal intoxicants.
The Day, 26 May 2016 - Bernie Sanders is turning to marijuana to bolster his credentials in California ahead of the crucial Democratic primary there. The Vermont senator told a rally in Santa Monica that he would vote yes on an initiative proposed for the November ballot in the state that would legalize the drug. In Riverside, he told more than 1,000 people […]
Sacramento News & Review, 26 May 2016 - Why does cannabis keep getting stronger? My tolerance isn't keeping up. - -O.G. Lyte-Waithe Eh. Who knows? It's probably because growing techniques get better and better every year, and Americans love to have the "biggest" and "the most." While most cannabis plants will contain 15 to 1 […]
Chico Enterprise-Record, 26 May 2016 - On Jan. 12, Butte County supervisors considered a request from development services to add a single sentence to our Right to Farm ordinance, a sentence that would specifically exclude cannabis farmers from its protections. Here's the problem. Our Right to Farm ordinance offers protection for agricultural operations […]
San Diego Union Tribune, 26 May 2016 - Regarding "Congress warming to marijuana for vets" (May 22): Does anyone think that contributions or promised marijuana revenues might be responsible for Congress' climate change? Listening only to reps from the marijuana industry may not the best source of unbiased information on marijuana. Congress has […]
North Coast Journal, 26 May 2016 - A line of more than 100 eager attendees snaked out of the entrance to Arcata's D Street Neighborhood Center to meet the chief of California's newly formed Bureau of Medical Marijuana Regulation. The czarina, Lori Ajax, started the meeting, explaining to a mostly jovial crowd that the bureau was in its infancy. […]
SF Weekly, 26 May 2016 - For decades, being a marijuana advocate required that you be a combination of outlaw, policy wonk, and social-justice warrior. You were pushing illegal conduct, because ending an expensive and racially biased experiment was the right and sensible thing to do - a position backed by data. This came at a cost: The real problems of holdi […]
Los Angeles Times, 25 May 2016 - Supervisors ADD One Month to Temporary Prohibition, Hold Off Voting on Longer Plan. Los Angeles County supervisors voted Tuesday to extend a temporary ban on growing medical marijuana in unincorporated areas by one month, but shelved a proposed 10-month ban. Al Seib Los Angeles Times SUPERVISOR SHEILA Kuehl noted that there i […]