Showing posts with label Medical Marijuana. Show all posts
Showing posts with label Medical Marijuana. Show all posts

Malibu...rejects ordinance ban on pot dispensaries!




Yesterday, I reported that the Malibu Planning Commission was slated to hear arguments for a strict ban on outlets for "Medical Marijuana" dispensaries within the city limits.

On the heels of the announcement, a number of activists in support of medical marijuana and its compassionate use in the State of California, organized a rally and appeared before the Commission to plea for leniency.

I was unable to attend the meeting yesterday afternoon, but a representative for "Americans for Safe Access" - Don Duncan - did appear and was thrilled to inform me bright and early this morning that the planners roundly rejected the proposed ordinance to ban pot dispensaries in the region.

At that hearing, Mr. Duncan - and others - urged council to reject the bid for a ban - and in the alternative - follow the lead of other cities and counties around the state (including Los Angeles County) - by adopting sensible regulations for the provision of medical cannabis distribution.

By doing so, the well-organized activists noted that the Commission would be fulfilling an explicit mandate of the voters (by virtue of Proposition 215) to provide a mechanism for safe and affordable access to medicine for all who need it.

Medical cannabis dispensing collectives are a community-based solution that satisfy the need for safe access to medicine. Most of California’s legal medical cannabis patients rely on the dispensaries for safe access to doctor-approved marijuana which treats the symptoms of AIDS, cancer, multiple sclerosis, chronic pain, and other serious life-threatening illnesses.

After considerable discussion, the Malibu Planning Commission rejected the recommendation by city staff to ban medical cannabis collectives outright, and asked staff to return with a proposal to regulate facilities in the city at a later date.

At the hearing on Tuesday - the Commissioners heard from patients, a doctor, and attorneys for PCH Collective (one of two collectives operating in Malibu under the terms of the city's two-year-old moratorium).

In support of his arguments, the attorney for PCH Collective submitted a petition with almost four hundred signatures calling for regulations instead of a ban, which obviously mustered up some sympathy.

But, the Commission also thoroughly reviewed the issues.

Mr. Duncan informed me that several of the commissioners questioned him about regulations in other cities, conflicts with federal law, sales tax, and other pertinent details.

In spite of the fact the dispensary issue has been hotly debated in California in recent weeks in the wake of DEA raids, no one in attendance from the public, according to Duncan, was in favor of the ban.

Unfortunately, one of Commissioners suffered a negative experience in recent days which was openly discussed at the hearing.

In her testimony, she alleged that she and her family were shopping in an establishment in Malibu one day when they became overcome by cannabis smoke leaking through the walls from a dispensary adjacent.

In support of her claims, staff from the establishment she was patronizing, noted for the record that the "pot dispensary" (which only accepted cash) was frequented by young people.

Although they complained to the Sheriff's department about the problem, allegedly no action was taken.

Unfortunately, owners of the collective did not appear at the hearing to defend themselves against any of the allegations.

The Commissioners debated the issues at length and then settled on a motion calling for strict regulations based on an ordinance recently adopted in another city which appeared to be reasonable under the circumstances.

After debating the need to prevent a proliferation of collectives while preserving competition to keep prices in check, the Commissioners agreed to allow three collectives to operate in Malibu.

It is unclear how quickly staff will return a recommendation for an appropriate ordinance, but the city's moratorium expires on June 25.

The Commissioners, the members of PCH Collective and its owner, Mr. Duncan, and all the supporters who showed up to fight the good cause are to be commended for making a strong professional showing at the hearing which garnered positive results.

Community activism can make a difference!

"A person's true wealth is the good he or she does in the world"
Muhammad

DEA raids. House Judiciary Committee to probe paramilitary-style abuses, rights violations!















Through my sources I managed to secure a copy of a damning letter John Conyers - Chairman of the House Judiciary Committee - has sent on to the Acting Administrator of the Drug Enforcement Agency (DEA) requesting information on widespread raids which have gone down in the Los Angeles area since last fall.

The DEA has been targeting "pot" dispensaries that have been providing medicinal marijuana to California residents legally entitled to use the leafy product under current law in the State.

At issue, are shocking enforcement raids in which DEA Agents were prone to defiantly engage in abusive conduct - and on many occasions - act in direct Violation of individual rights.

In spite of the fact California voters approved a measure to allow the compassionate use of cannabis for medicinal purposes several years ago by ballot, the DEA responded by accusing the suppliers of being engaged in an "...illegal sale of an illicit drug which is outlawed by the Federal Government."

Although local officials (West Hollywood City Council & Los Angeles Board of Supervisors) held emergency meetings with local law enforcement to try to stave off future arrests until the conflicts in State & Federal Statutes could be resolved - bottom line - the FEDS ignored the good-faith attentions of the many to actively pursue the matter in a cavalier abusive manner.

Over the past few months, I not only reported on the outrageous DEA tactics, but also attended a handful of the spirited rallies in front of Governor Schwarzenegger's downtown office in Los Angeles and the DEA headquarters on Temple Street, respectively.

The protests fell on deaf ears.

Posts:
Pot Post (9/13/07)
Rally (10/10/07)
DEA Raids (10/12/07)
DEA Protest (3/24/07)

Consequently, thousands of complaints from U.S. Citizens - and grass-roots organizers and attorneys at Americans for Safe Access - have resulted in the launching of an investigation by Chairman John Conyers at the House Judiciary Committee in Washington, D.C.

In his letter to Acting DEA Administrator Michele Leonhart, Mr. Conyers starts off by stating as follows,

"I am writing to you because I have received a number of letters from Californians, including mayors and city councils, expressing concern about DEA enforcement tactics which urge me to hold oversight hearings in the Judiciary Committee."

Mr. Conyers goes on to characterize the actions of the DEA as follows,

"According to the letters, the DEA has dramatically intensified the frequency of paramilitary-style enforcement raids against individuals qualified to use medical cannabis under state law, their caregivers, and the dispensing collectives established to provide a safe place to access medical cannabis."

He goes on to note that he is aware that the DEA sent out "hundreds of letters to property owners who lease property to medical cannabis dispensaries, threatening them with arrest, and forfeiture of property."

At this juncture, Mr. Conyers made a surprising overture to the Acting DEA head, with the specific aim of determining the facts from the horse's mouth - so-to-speak - prior to the commencement of the formal investigation.

In his communication, Conyers has asked that Michele Leonhart answer the following queries:

Question No. 1:

Is the use of civil asset forfeiture, which has been typically reserved for the worst drug traffickers and kingpins, an appropriate tactic to employ against individuals who suffer from severe or chronic illness and are authorized to use medical marijuana under California Law?

Has the DEA conducted any analysis of the potential economic consequences of using civil asset forfeiture in an area that is experiencing some of the Nation's sharpest declines in property values?

Lastly, has the DEA considered the consequences of shutting down legally-operated public dispensaries and whether that might drive the cannabis sales activity underground?

Question No. 2

Given the increased level of trafficking and violence associated with international drug cartels across Mexico, South America, and elsewhere, do you think the DEA's limited resources are best utilized conducting enforcement raids on individuals and their caregivers who are conducting themselves legally under California Law?

Question No. 3

Have you considered that DEA activities against qualified individuals is negatively impacting the ability of state and local officials across California to collect tax revenue which they are entitled to under California Law?

Question No. 4

Every month new science supporting the therapeutic value of cannabis is published. As a result, medical and scientific organizations, like the American College of Physicians and the American Psychiatric Association, are arguing reform of the laws that place in legal jeopardy physicians or their individual patients who may benefit from the use of cannabis.

As the Administrator, you have the discretion to decide whether to continue heightened enforcement activities in California and in other states that have authorized use of medical cannabis by qualified individuals.

Please explain what role, if any, emerging scientific data plays in your decision-making process to conduct enforcement raids on individuals authorized to use or provide medical cannabis under state law.

Question No. 5

Would you support the creation of an inter-governmental commission comprised of law enforcement, law makers and people affected by the laws, to review policy and provide recommendations that aim to bring harmony to federal and state laws?

In closing, Mr. Conyers included a list of approximately sixty raids that the DEA conducted between June 2005 and November 2007.

In reference to those raids, Mr. Conyers has asked that the DEA provide an accounting of costs, in dollars and resources, used to conduct the law enforcement raids on said individuals.

Included in the package of information, Mr. Conyers has asked: whether arrests were made in the course of the raids, and if so, how many people were arrested; under what circumstances the warrants were issued; and for what content, whether criminal or other charges have been brought by the DOJ; what, if any, content was seized or destroyed; and finally, the current status of each case.

A response has been requested prior to a deadline date set for July 1, 2008.

As usual, the DEA has "no comment", pursuant to their ongoing policy not to speak with the media regarding such matters.

Los Angeles City Council...votes yes on Joint Resolution SJR 20; Signals compassion for Medical Marijuana users!



Last week, I reported that the LA City Council was slated to vote on SJR 20, in the wake of raids on local pot dispensaries and allegations of abusive conduct by the DEA.

Post: 03/31/08

On Wednesday, April 2nd, 2008, City Council voted 9-1 to approve state Senator Carole Migden's Senate Joint Resolution SJR 20 which was introduced by Council members Dennis Zine, Janice Hahn, and Bill Rosendahl.

Councilman Greig Smith was a lone dissenter, who I understand from informed sources, is under fire for his reluctance to "get on board".

In a nutshell, SJR 20 establishes a call for the President and Congress of the United States to enact legislation requiring federal law enforcement to respect state medical marijuana laws, to cease raids of medical marijuana dispensaries that are operating legally under California and local law, and to return any assets seized from medical marijuana dispensaries and collectives to the states in which they are located.

And, SJR 20 urges that Congress and the President take notice that Californians are best equipped to deal with the implementation of their state medical marijuana law.

By taking the action they have, the Los Angeles City Council is now standing up for patients’ right to legal access to medical marijuana.

The LA City Council's vote follows recent actions from Mayors from Oakland, Santa Cruz and West who Hollywood have sent letters to House Judiciary Chair John Conyers (D-MI) calling for Congressional hearings on the matter. Several other local governments have joined Los Angeles in condemning federal interference, including San Francisco, Oakland, and Berkeley.

Approval of SJR 20 signals a growing statewide trend to oppose federal intimidation and DEA interference with California State Legislative Laws.

According to last reports, there are 183 registered dispensaries in the city of Los Angeles and an estimated 250,000 Californians use medical marijuana to relieve aliments associated with AIDS, cancer, multiple sclerosis and other chronic conditions.

"This is not about getting high. This is not about drug dealing on the street corners. This is about the Compassionate Use Act," said Zine, who has spent almost 40 years with the Los Angeles Police Department.

California voters approved Proposition 215 in 1996, which legalized the use of marijuana by patients with a doctor's prescription. The federal government bars cannabis use of any kind.

Virgil Grant - who suffered abuse by DEA agents when his dispensary was recently raided - noted for the record,

"I'm a holistic person who likes to take non-drugs. I don't like taking synthetic drugs. I live the all-natural life, so medical marijuana provides that for me without the side effects (of) Vicodin, other things," Grant said.

When the DEA was asked to state their position regarding City Council's precedent-setting action on SJR 20, a spokeswoman for the DEA noted the federal agency does not comment on policy issues.

DEA protest...Americans for Safe Access to picket the Federal Building! Pot Busts must end!














Don Duncan, a rep for Americans For Safe Access, contacted me today to advise me that medical cannabis advocates will be meeting in front of the DEA offices at the Federal Building tomorrow to protest last week’s raids at six medical cannabis collectives and one private residence in the Los Angeles area.

Volunteers are downloading a flyer available online at the ASA website to distribute at the rally on  March 25th, 2008.

To make the protest effective, ASA notes that they need a strong showing to be sure that the DEA and media hear the message:

“Stop taking our medicine!”

Last fall, I attended one of their rallies in front of the Governor's downtown headquarters and reported on the DEA's abusive retaliatory conduct in the wake of the protest, and their ongoing concerted efforts to deny Medical Marijuana to patients in need of their medicine.

 In spite of the fact California voters approved a measure to allow compassionate use of cannabis for medicinal purposes (California Proposition 215) the DEA has been cracking down on the local suppliers, alleging that their outlets are engaging in conduct which amounts to,

"The illegal sale of an illicit drug outlawed by the Federal Government."

Although local officials (West Hollywood City Council and the Los Angeles Board of Supervisors) held emergency meetings with local law enforcement in the past to try to stave off future arrests until the conflicts in State and Federal Statutes could be resolved - bottom line - the FEDS noted their intention to pursue the matter to the full extent of the Law. And, they have been.

Now, Americans for Safe Access, intend to protest directly to DEA Officials.

According to ASA:

"Over the past several years, President Bush's Drug Enforcement Administration (DEA) has victimized patients and providers throughout California, undermining State Law, and stooping to new levels to shut down access for sick and dying patients in California."

In view of this, Americans for Safe Access have launched a pressure campaign, with the aim of putting the spotlight on the DEA and Schwarzenegger, so that appropriate action will follow to preserve patients' rights.

According to ASA, Governor Schwarzenegger can accomplish a lot by taking constructive action on the part of medical cannabis patients and caregivers now, and by giving a nod to the will of the voters in California at the same time, by standing up to the Bush Administration and the DEA.

In sum, ASA is urging the Governor to take a stand against Federal medical cannabis Law Enforcement efforts, and in the process, work at harmonizing Federal law with the compassionate laws of California and eleven other states that allow medical cannabis use.

In addition to previous campaign activities - which consisted of statewide call-in days, legislative visits from constituents and lobbyists, and sign-on letters from key public officials and organizations - the ASA now plans to stand defiantly against the DEA in the front lines on their home turf.

The campaign, building momentum in recent days (and after the recent raids on dispensaries in the San Francisco Bay area when I was up there a few weeks ago) will be successful if concerned citizens take action now - by drafting letters voicing their concerns, sending e-mails stressing the urgency of the situation, or by appearing on the rally day in person to let their voices be heard in uproarious union!

The bold-faced effort is expected to climax at a mass mobilization effort tomorrow - Tuesday, March 25th (11 am) - in front of the DEA offices:

Federal Building, 255 E. Temple Street, Los Angeles.

Map:

http://www.ASAaction.org

Additional info:

Sonnet@AmericansforSafeAccess.org

 Citizens unable to attend the protest are urged to initiate protests to the DEA directly, and also call Governor Schwarzenegger's office and demand that he take a stand on behalf of California citizens, with the aim of protecting their rights and putting an end to the DEA raids sanctioned against patients and providers.

The Governor may be reached in Sacramento at: 916-445-2841

In addition, an e-mail campaign designed to pressure the Governor, has also been underway in recent weeks which Californians can take an active part in.

Concerned citizens are urged to send e-mails to the Governor to demand that he ask George W. Bush to recognize California Laws as they pertain to the compassionate use of marijuana, and subsequently, end the "war on patients".

Citizens may use the ASA online action center to e-mail a form letter.

http://www.safeaccessnow.org

See you at the rally, tomorrow!










Blog Archive