CANNABIS USERS REDUCE RX USE
Survey: Cannabis Use Associated With Reduced Intake Of Prescription Drugs
PROP 19 BACKERS EYE 2012 MEDICAL M INITIATIVE
Prop 19 Backers Eye 2012 Medical Marijuana Initiative
A budding coalition of medical marijuana reform backers, including some of the same folks behind last year's Proposition 19, is working on an initiative for the 2012 ballot that would impose statewide regulation on California's crazy-quilt medical marijuana dispensary scene. The announcement came during a San Francisco press conference Tuesday preceding a demonstration during a visit to the city by President Obama.
"We need statewide regulation," said Dale Sky Jones, spokeswoman for last year's Prop 19 campaign and for the organization's current incarnation, the California Coalition for Cannabis Reform. "We are working on a regulatory framework for 2012, but it's still being drafted. Many Prop 19 supporters back this."
It's not just Prop 19 supporters, added Steve De Angelo, proprietor of Harborside Health Center, Oakland's largest dispensary -- which is now under attack by the IRS as part of the new federal offensive against medical marijuana distribution. "There is a broad based recognition that it's time for state regulation," he said.
United Food and Commercial Workers Local 5 is also behind the effort. "We will speak to the specifics of the initiative within a couple of weeks," said the union's Cannabis Division Coordinator, Matthew Witemeyer.
Although California has a statewide medical marijuana law, cities and counties have created a patchwork of rules and regulations, so that what may be permissible in one area would leave someone subject to prosecution for undertaking the same activity in another one. Conflicting rulings from state courts have not resolved the situation, leaving Californians with varying levels of access to medical marijuana through dispensaries. Local approaches range from cooperative regulation and taxation to hostile permanent moratoria on dispensaries.
San Francisco, CA
PROTESTERS MET W/ PRESIDENT OBAMA IN SAN FRANCISCO
Obama Met With San Francisco Medical Marijuana Protest [FEATURE]by Phillip Smith, October 26, 2011, 10:40am, (Issue #706)
Hundreds of angry medical marijuana patients and supporters gathered in San Francisco's South of Market Tuesday to greet President Obama as he appeared at a $5,000 a head fundraiser at the W Hotel. They were joined by hundreds of other protestors, mainly Occupy San Francisco members and environmentalists upset with the Keystone pipeline.
It was the second straight day of medical marijuana protests aimed at the president. He got similar treatment Monday in Los Angeles.
The California medical marijuana community is upset with the president over what it sees as a multi-pronged attack on medical marijuana production and distribution by agencies of the federal government (sometimes in cahoots with recalcitrant local officials). Despite Obama's campaign pledges and the Department of Justice's October 2009 memo directing federal prosecutors to back off from medical marijuana businesses operating in compliance with state law, the pace of DEA raids has only accelerated since he took office in January 2009.
It's not just the DEA. The Department of the Treasury has been going after financial institutions that do business with the medical marijuana industry, forcing banks to submit to onerous record-keeping of their dealings and persuading some of them to drop their medical marijuana customers. Similarly, the IRS has joined the attack, refusing to allow dispensaries to deduct standard business expenses and hitting them with whopping past due tax bills.
Most recently, the four US Attorneys who cover California held a much ballyhooed press conference in Sacramento announcing that they were going after what they described as an industry out of control. They announced a campaign aimed at dispensary and grow operations landlords, sending out a wave of letters threatening property owners with asset forfeiture and even stiff criminal charges if they don't throw out their clients.
But while the feds say they are targeting people who abuse the system for profit, they have recently gone after some of the most respected, regulated and compliant operations in the state. Steve De Angelo's Harborside Health Center in Oakland is the biggest target of the IRS and was recently handed a $2 million tax bill after its expenses were disallowed; Lynette Shaw's Marin Alliance for Medical Marijuana is the longest-licensed dispensary in the state and enjoys impeccable relations with local officials, but its landlord was hit with a threat letter; and Matt Cohen's Northstone Organics Cooperative is the first licensed grow -- with every plant tagged -- under Mendocino County's cutting edge regulatory scheme, but was raided by the DEA earlier this month.
"Contrary to DOJ claims that they are targeting abusive profiteers, their list of targets includes some of the most respected and best regulated facilities in the state," said California NORML director Dale Gieringer.
Federal prosecutors are also targeting a trio of San Francisco dispensaries for being within a thousand feet of a school or playground, citing a federal drug-free school zone statute that enhances penalties for drug crimes committed within that forbidden zone. But California law allows dispensaries within 600 feet of schools and playgrounds.
In the case of the two Mission area dispensaries within a thousand feet of a school, the dispensaries operated there before the school arrived, and the school has made it known that it has no problems with them. In the case of the dispensary located near a playground, advocates point out that several bars and sex clubs nearby are in closer proximity to the kids.
"The DOJ's complaints represent a frivolous and cynical attack on land use decisions that properly belong to local government," said Gieringer. "This is a blatant example of federal government over-regulation run amok."
"It feels a little Kafkaesque," said medical marijuana and legalization proponent state Rep. Tom Ammiano (D-San Francisco) at a press conference preceding the protest. "We've been sandbagged by US Attorneys acting like thugs. I almost expect a drone to come down on a dispensary in Fresno one of these days," he said, barely cracking a smile.
Ammiano wants a meeting with Department of Justice officials on the issue, he said. "Why don't they lean on the banks for the foreclosures, instead of medical marijuana?" he asked. "I'll be damned if I know what Justice, IRS, and the rest are thinking right now."
"The US Attorneys said they were going after the criminals, but that's not true," said Harborside's DeAngelo. "Northstone Organics, the Marin Alliance, and Harborside are all 100% compliant. The targeting by US Attorneys suggests they either need to learn how to aim or to learn how to tell the truth," he said.
It's not just about patients and dispensaries, but also about jobs and the economy, said several speakers. "If the federal government closes down the dispensaries, thousands of hard-working Californians stand to lose their jobs," said United Food and Commercial Workers Local 5 Cannabis Division Coordinator Mike Witemeyer, whose union has organized dispensary workers. "We stand with the patients."
"With the federal budget on empty, the economy in disarray, our prisons overflowing, and prohibition-related violence raging across the border, it's an outrageous misuse of federal resources to wage war on medical marijuana," said California NORML's Gieringer. "Federal anti-drug bureaucrats are afraid because the dispensaries are proving that it's possible for marijuana to become a safe, legal, tax-paying industry and so expose their own last-century policies as bankrupt and obsolete."
It's unclear what the Obama administration thinks it is gaining with its ever more hostile policies toward medical marijuana production and distribution in California. What is clear is that it is alienating many people in California who voted for Obama in 2008.
San Francisco, CA
POLITICIANS SLAM FEDSON MEDICAL M CRACKDOWN
Bay Area Pols Slam Feds' Medical Marijuana Crackdown
A pair of Northern California elected officials last week urged the federal government to back off on its "senseless assault" on medical marijuana dispensaries. At the same time, they said they want to meet with federal officials to see what's behind the crackdown.
Stalwart supporters of medical marijuana state Sen. Mark Leno (D-San Francisco) and Assemblyman Tom Ammiano (D-San Francisco) took to the microphones at a news conference at the State Building in San Francisco.
"I urge the federal government to stand down in its massive attack on medical marijuana dispensaries," Leno said in remarks reported by KTVU-TV. "California voters intended that patients should have safe and affordable access to medical marijuana," he said.
Leno and Ammiano said they are pondering new state legislation to regulate dispensaries, but added that such laws would be workable only if California legislators hear from the Justice Department that such regulations would have an impact on federal enforcement efforts. They said they hoped to speak with Justice Department officials in the next few days.
"To be successful legislatively, we would need some indication from the federal government that (the state legislation) would impact" the Justice Department offensive, Ammiano said.
"Call the dogs off and let's sit down," Leno said.
The news conference came in response to the October 7 announcement by California's four US Attorneys that they are ramping up federal persecution of medical marijuana providers in the state. Even though California voters approved medical marijuana in 1996, the federal government refuses to recognize such laws.
While the Justice Department has said it is not targeting patients, it is clearly targeting dispensaries and medical marijuana grow operations, with DEA raids ongoing and threatening letters being sent to dispensary landlords in a bid to force them to evict their medical marijuana tenants.
At the press conference, Ammiano conceded that California has little recourse when it comes to federal interference in its medical marijuana program. "In the end, they'll probably do whatever they want," he said.
Now, the federal government needs to be convinced that raiding medical marijuana providers operating in compliance with state laws is not what it wants. President Obama had a chance to get that message when he visited California on a fundraising swing this week. He was met by organized protestors when he came to San Francisco Tuesday.
ACTIVISTS SAY FED GOV CANNOT STOP MARIJUANA
The Feds Can't Stop Medical Marijuana, CA Activists Say [FEATURE]
The ongoing federal offensive against medical marijuana production and distribution in California is weighing ominously over the state's billion-dollar-a-year medical marijuana business, but while the industry could take some casualties, patients could suffer, and the battle field could get ugly, the feds can't stop it, a trio of well-placed activist observers said this week.
The Treasury Department has been scaring financial institutions away from dealing with medical marijuana businesses, the IRS is exercising punitive tax policy decisions designed to run them out of business, and even the Bureau of Alcohol, Tobacco & Firearms has gotten into the act, warning gun dealers that medical marijuana patients are "addicts" who can't legally purchase weapons.
Tax liens and banking hassles are one thing, but being confronted by paramilitarized DEA raiders, threatened with having properties seized, or being faced with lengthy federal prison sentences is a whole other category of hurt. And that's what really has California's medical marijuana community up in arms. Between threatening news conferences by federal prosecutors, dozens of warning letters to landlords going out, and a steady drumbeat of DEA raids, medical marijuana patients and providers are scared -- and angry.
"I haven't seen people so outraged since the days of WAMM and the Ed Rosenthal raids," said long-time California NORML head Dale Gieringer. "I'm hearing life-long Democrats say they can't vote for this -- unless Obama does something, he's going to lose a lot of support. I know people who gave a lot of money to his campaign last time who are sitting on their cash now."
That anger is taking to the streets, as well as the phone lines and the Internet. There will be a statewide protest at the federal courthouse in Sacramento as well as other federal courthouses on November 9, local demonstrations have already taken place in San Francisco and San Diego, with more scheduled around the state, and plans are in the work to protest President Obama when he visits San Francisco and Los Angeles next week.
"There's a lot going on," said Gieringer. "I can't keep track of it all."
Activists already held a White House call-in day on Tuesday, and Gieringer urged people to call their US representatives to urge them to support H.R. 1983, the States' Medical Marijuana Protection Act.
"That would solve this problem," he said. "We really need to focus on Congress, but we also need to try to get something from this administration."
Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group, is deeply involved in waging the counteroffensive. It has sent out email action alerts to members and is mobilizing on the ground and at the courthouse as well, said spokesman Kris Hermes.
"ASA and other stakeholders are holding protests throughout California," he said, "and we intend to continue to apply pressure through the federal courts. At some point soon, we will file an appeal on the federal rescheduling petition case, and we'll be going head to head with Obama on that issue. Because the Obama administration is drawing so much attention to this, something has to break. We hope it leads to a more sensible public health policy."
But despite the angst aroused by the intensifying federal campaign, and despite acknowledging the real suffering likely to result -- from patients being denied medicine to local governments denied revenues to otherwise law-abiding citizens being subjected to federal raids and prison -- advocates said the federal campaign was ultimately doomed to failure.
"It's a serious threat in the sense that it will have an impact on the number of dispensaries and growers across California, and that will translate into hundreds if not thousands of patients being denied their medication and forced into the illicit market," ASA's Hermes. "I don't think that's the intention, but it will certainly be the effect."
But, citing the Bush administration's 2007 threat letter campaign, when warning missives went out to more than 300 landlords, resulting in the closing of some dispensaries, Hermes said the feds were fighting a losing battle.
"They don't have the resources or capacity to follow through on their threats, so there will be an impact, but it will be temporary," Hermes said. "When Bush did it, dozens of dispensaries shut down, but now there are twice the number of dispensaries in the state that there were then. It will be difficult for the feds to have a lasting impact, which is not to say they're not trying. And they're mounting this campaign on the backs of taxpayers."
"We've been through this before," sighed Cal NORML's Gieringer, citing not only the Bush threat letter campaign, but also the 2002-2003 crackdown under then Attorney General John Ashcroft, and the 1998 Clinton administration lawsuit against the Oakland Cannabis Buyers' Co-op.
"Every time, we've seen some damage done and some retrenchment, but every time the industry has come back stronger than ever in a year or two. I'm not sanguine about it," he said, "just used to being outraged. The government has a bankrupt policy that it can't really enforce very effectively. A lot of good people could get sent to prison, but at the end of the day, they're just flailing around."
Richard Lee, founder of Oaksterdam University, owner of one of Oakland's dispensaries, and the man who put his personal fortune into last year's Proposition 19, has spent years looking over his shoulder for the feds. This is just another twitch of the dying dinosaur's tail, he said.
"We're always worried," Lee laughed mirthlessly. "But in the end, we'll win. There is too much for them to take out everybody. There will be sacrifices, people will be hurt, but now we have an army to fight back. In the long run, this just pushes us toward legalization."
Oakland also has a friendly city government and a history of pro-legalization voting, Lee pointed out in an oblique warning to the feds. "Here in Oakland, we passed Measure Z with 65% of the vote, and that made possession and sales by adults and patients the lowest law enforcement priority," Lee pointed out. "Right now, we have six or so Measure Z clubs open. If they shut down the dispensaries, there will be a lot more of them."
Not only did Oakland pass Measure Z, which directed city officials to lobby for complete legalization, Lee pointed out, it also overwhelmingly passed Proposition 19.
"We're well on record for complete legalization, and the city needs the tax money more than ever," he said. "This is an ongoing battle between local governments here and the feds, and tax dollars is part of this fight. Right now, it's got us the worst of both worlds -- prohibition and taxation -- but hopefully one day we'll get taxation with legalization. There's certainly an incentive for local governments."
Landlords may tremble, dispensaries may close, people may go to prison. Medical marijuana and pot legalization supporters will fight in the trenches, though, and they are confident time and the tides are on their side. But only time will tell if they are right.