Weekly Medical Marijuana Updates – California, Colorado, Maine, Michigan, and Washington
Posted on | August 24, 2012 | No Comments
The feds strike again in California, this time in Orange County, and meanwhile, the battle over the LA dispensary ban heats up. There’s plenty more news, too. Let’s get to it:
California
Since mid-August, signature gatherers have been hitting the streets in Los Angeles in an effort to collect 27,400 voter signatures to put on the ballot a referendum to repeal the recent ban on dispensaries. They have about 10 more days to go, and if they succeed, the referendum would go before voters in March. The more immediate effect would be a temporary suspension of the ordinance. Dispensaries in the city have until September 6 until they are supposed to shut down.
Last Wednesday, San Francisco Mission District property owners asked the feds to shut down a dispensary that hasn’t even opened yet. Those owners of “white linen” restaurants and family-oriented businesses have asked the Justice Department to close down the Morado Collective, even though the Planning Commission approved the dispensary’s permit at a hearing the same day. The Mission Miracle Mile Business Improvement District had its president, local realtor James Nunemacher, write a letter to US Attorney Melinda Haag urging her to shut it down because it “is incompatible with the family shopping that predominates the immediate area in the daytime and the dining/entertainment venues that are active in the evening.” The gentrifiers have spoken.
Last Thursday, patients and supporters filed a lawsuit seeking to overturn the LA ban. The Patient Care Association and 11 individual patients are seeking an injunction to block the city from implementing the ban. They argue that California law preempts the city’s ban, that it violates dispensary owners’ rights to due process, and that it violates their right to freely assemble and associate to cultivate medical marijuana.
Also last Thursday, Butte County staff released a draft of the proposed new medical marijuana cultivation ordinance. It would ban outdoor cultivation and set limits on the amounts that could be grown indoors based on the size of the parcel. On lots of an acre or less, the grow area could not exceed 50 square-feet. On lots one to five acres, the allowable grow area is 150 square-feet. There is no size limit on lots five acres or larger, but a maximum of 99 plants could be grown. The ordinance includes limits on how powerful indoor grow lights can be and requires a ventilation and filtering system that doesn’t allow the smell of the pot outside the building. It also bans growing within 1,000 feet of schools, churches, parks, child care centers, and other youth-oriented facilities.
Last Friday, a Lake County judge granted a preliminary injunction barring enforcement of the county’s recently adopted interim cultivation ordinance. The injunction is good until January 1. It allows all qualified people and collectives growing marijuana in conformity with state law at the time the county adopted its interim medical marijuana cultivation ordinance. Four people sued the county after the Board of Supervisors adopted the ordinance on July 9. It limited the number of marijuana plants allowed for outdoor cultivation and banned commercial growing as well as growing on vacant lands. On Tuesday, the Board of Supervisors voted to extend the interim ordinance for another 45 days anyway.
On Tuesday, federal prosecutors targeted more than 60 dispensaries in Orange County for closure by filing three asset forfeiture lawsuits and sending threat letters to the dispensaries. That brings the number of dispensaries targeted for closure in the Central District of California to more than 300. In all, 66 warning letters were sent to marijuana dispensaries in Anaheim and La Habra. Some have closed recently, but federal authorities said 38 remain open. As part of the offensive, DEA agents raided two Anaheim dispensaries.
Colorado
Last Friday, a state court held that federal law trumps the state’s medical marijuana law. The ruling came in a case pitting a grower against a dispensary. The grower sought payment for marijuana that had already been delivered, but Arapahoe County District Judge Charles Pratt ruled for the dispensary. In his opinion, he held that since all marijuana sales are illegal under federal law, the contract between the grower and the dispensary was null and void. Later in the same ruling, Pratt wrote that “any state authorization to engage in the manufacture, distribution or possession of marijuana creates an obstacle to full execution of federal law. Therefore, Colorado’s marijuana laws are preempted by federal marijuana law.” Because the ruling is by a district court judge, it is not binding, but it has the medical marijuana community concerned.
On Monday, the Denver City Council approved a ban on all outdoor advertising for dispensaries. The vote came after a public hearing last week where medical marijuana advocates were split over the issue and council members voiced strong support for it. The council killed an alternate, more limited plan that would have blocked outdoor ads within 1,000 feet of schools, day care facilities, and parks. Dispensaries can still advertise on their buildings and can still place ads in newspapers, magazines, or online, and they can display their logos at charity events they sponsor. The city had been inundated with dispensary flyers and young men twirling large cardboard arrows advertising “Eighths for $25” and the like.
Maine
Last Monday, state officials held a public hearing on proposed new cultivation rules. The rules will impose restrictions on where and under what conditions patients or caregivers can grow their own medicine. Patients, dispensary operators, growers, and advocates objected to various portions of the proposed rules. The last day for public comment was Wednesday.
Michigan
Last Thursday, the agency overseeing the state’s medical marijuana program said it could be up and running by this fall. The Michigan Department of Licensing and Regulatory Affairs said its review panel for adding new qualifying medical conditions is just about set, but patient advocates are skeptical, saying the agency is at least two years behind on making recommendations on requests to add new conditions.
Washington
Last Friday, the state Department of Revenue began doing audits of dispensaries, escalating a battle over whether they should be collecting tax revenues for the state. The department has told dispensaries since 2010 that they must remit sale taxes on their transactions, and 50 dispensaries have registered with the department to do so. But the department believes there are other dispensaries out there that haven’t registered, and now it’s going after them. Some dispensary operators and defense attorneys argue that by paying state taxes, dispensaries are incriminating themselves in the federal crime of marijuana sales.
Over the weekend, medical marijuana advocates may have skirted state election laws at Hempfest by handing out fliers against the I-502 legalization initiative. Dozens of medical marijuana businesses used Hempfest to lobby against I-502, but one of them may have violated election laws by handing out anti-I-502 posters that failed to say who had paid for them.
On Tuesday, the owners of two dispensaries pleaded guilty to federal marijuana trafficking charges. Brionne Keith Corbray, owner and operator of three GAME Collectives in White Center, Northeast Seattle, and West Seattle, copped to conspiracy to distribute marijuana. Craig Dieffenbach and Jing Jing Mu, owners of the Seattle Cannabis Cooperative, copped to conspiracy to distribute and money-laundering charges. All admitted in their plea agreements to selling marijuana to people who were not patients. Conspiracy to distribute marijuana is punishable by up to 40 years in prison and a $250,000 fine. Conspiracy to launder money is punishable by up to 20 years in prison.
Common Drugs More Dangerous Than Marijuana
Posted on | August 12, 2012 | No Comments
As the debate over medical marijuana continues in New York and the rest of the U.S., there’s bound to be a lot of conflicting information out there.
Opponents of medical marijuana tend to argue that it is dangerous and has no therapeutic qualities. We’re not medical experts, so we’re not going to debate the intricacies of cannabis’ curative properties. But we have to wonder: Is weed really as dangerous as authorities make it out to be, since it seems a lot safer than common prescription and over-the-counter drugs?
For background, the American Council for Drug Education tells us that pot causes: “impaired perception, diminished short-term memory, loss of concentration and coordination, impaired judgement, increased risk of accidents, loss of motivation, diminished inhibitions, increased heart rate, anxiety, panic attacks, paranoia, hallucinations, damage to the respiratory, reproductive, and immune systems, increased risk of cancer, psychological dependency.”
Compare this to the listed side and overdose effects for these popular meds.
Acetaminophen (Tylenol): “Upset stomach, mild heartburn, diarrhea, constipation; bloating, gas; dizziness, headache, nervousness; skin itching or rash; blurred vision; ringing in ears; chest pain, weakness, shortness of breath, slurred speech, problems with vision or balance; black, bloody, or tarry stools, coughing up blood or vomit that looks like coffee grounds; swelling or rapid weight gain; urinating less than usual or not at all; nausea, upper stomach pain, itching, loss of appetite, dark urine, clay-colored stools, jaundice (yellowing of the skin or eyes); fever, sore throat, and headache with a severe blistering, peeling, and red skin rash; bruising, severe tingling, numbness, pain, muscle weakness; or severe headache, neck stiffness, chills, increased sensitivity to light, and/or seizure (convulsions)
An overdose of acetaminophen can be fatal.
The first signs of an acetaminophen overdose include loss of appetite, nausea, vomiting, stomach pain, sweating, and confusion or weakness. Later symptoms may include pain in your upper stomach, dark urine, and yellowing of your skin or the whites of your eyes.”
Dextromethorphan and Guaifenesin (Robutissin DM): “Drowsiness and dizziness. Adverse effects, which have occurred at higher doses, include excitation, mental confusion, and opiate-like respiratory depression. In some cases of ab1use, patients have experienced euphoria, hyperactivity, mania, and auditory and visual hallucinations.nausea, vomiting and constipation. Overdose effects (from the National Institutes of Health): no breathing; bluish-colored fingernails and lips; blurred vision, high/low blood pressure; coma; convulsions.”
Oxycodone (OxyContin, Percoset, Percodan): “Constipation; dizziness; drowsiness; headache; nausea; sleeplessness; vomiting; weakness; rash; hives; itching; difficulty breathing; tightness in the chest; swelling of the mouth, face, lips, or tongue; chest pain; confusion; difficult or painful urination; fainting; fast, slow, or irregular heartbeat; fever, chills, or persistent sore throat; mental or mood changes; numbness of an arm or leg; seizures; severe or persistent dizziness or light-headedness; slowed or difficult breathing; sudden, severe headache or vomiting; swelling of the hands, ankles, or feet; tremor; unusual tiredness or weakness; vision changes.
Overdose symptoms may include extreme drowsiness, muscle weakness, confusion, cold and clammy skin, pinpoint pupils, shallow breathing, slow heart rate, fainting, or coma.”
Hydrocodone (Vicodin) : “Nausea; vomiting; constipation; lightheadedness; dizziness; fainting; seizure; slow/shallow breathing; unusual drowsiness/difficulty waking up. Overdose symptoms may include extreme drowsiness, sweating, pinpoint pupils, nausea, vomiting, dark urine, jaundice (yellowing of the skin or eyes), confusion, cold and clammy skin, muscle weakness, fainting, weak pulse, slow heart rate, coma, blue lips, shallow breathing, or no breathing.”
Alprazolam (Xanax) : “Changes in appetite; constipation; decreased sexual desire or ability; diarrhea; dizziness; drowsiness; dry mouth; light-headedness; nausea; tiredness; weight changes; rash; hives; itching; difficulty breathing; tightness in the chest; swelling of the mouth, face, lips, or tongue; unusual hoarseness; behavior changes; blurred vision; burning, numbness, or tingling; chest pain; confusion; dark urine; decreased coordination; decreased urination; fainting; fast or irregular heartbeat; hallucinations; loss of balance or muscle control; memory or attention problems; menstrual changes; muscle twitching; new or worsening mental or mood changes (eg, depression, irritability, anxiety; exaggerated feeling of wellbeing); overstimulation; red, swollen blistered, or peeling skin; severe or persistent dizziness, drowsiness, or light-headedness; shortness of breath or trouble breathing; suicidal thoughts or actions; tremor; trouble speaking; yellowing of the eyes or skin.
An overdose of Xanax can be fatal. Overdose symptoms may include extreme drowsiness, confusion, muscle weakness, loss of balance or coordination, feeling light-headed, and fainting.”
(Info from Drugs.com, Jezebel)
Risk FREE Medical Marijuana Evaluations and NO-HIDDEN-FEES – CALL 866-649-9034
Posted on | August 8, 2012 | No Comments
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Are you tired of getting hassled by so-called healing centers and nature collectives?
First Natural Wellness has been helping patients with debilitating medical conditions obtain their medical marijuana certification for over three (3) years and has helped over 24,000 people in need.
We are located at 4127 Jackson Road, Ann Arbor, MI 48103
We have been disappointed from recent reports when patients tell us that similar physicians are using unethical business practices such as charging for patient / caregiver matching services ($20 to help you with your paperwork!? Sorry, but that’s ridiculous) and even charging to file your certification paperwork with the state which includes a hidden fee of $150! Sometimes the answer is NOT “who is NATURE’S . HEALING CENTER?”
We believe that these businesses are only “in it” for the money and are looking to suck the life from the patients who really have serious debilitating medical conditions.
First Natural Wellness was started for patients by patients. We not only understand how hard it can be to go through life with chronic pain and serious debilitating medical conditions, but we also know how that affects the level of income you have to use to cover your health care expenses.
We are in full compliance with with the Michigan Medical Marihuana Act of 2008 and have never had one patient denied by the state of Michigan. We have several patient testimonials and 100% patient satisfaction. There is no fee if you are not approved. Your consultation is completely risk-free.
Our physicians have never turned anyone away. All physicians are Board Certified, Michigan Licensed and have no current or prior malpractice. No Medical Records are necessary to consult with the physician.
Walk-ins welcome Monday, Wednesday, and Friday from 12 Noon-2 PM
First Natural Wellness
1785 W. Stadium Blvd. Suite 104,
Located in the Dakota Building
Look for the Life Empowerment & Healing Arts Quadrant.
866-649-9034
www.FirstNaturalWellness.com
getlegal@firstnaturalwellness.com
Feel free to call or email with any further questions we can help answer.
ASA is on the way to Federal Court!
Posted on | August 7, 2012 | No Comments
A message from Steph Sherer, Executive Director, ASA:
The only way to completely protect patients, cultivators, and providers of medical cannabis from federal enforcement is by changing federal law. The Drug Enforcement Administration keeps raiding cultivators and providers, and the Department of Justice continues to intimidate patients, property owners, and lawmakers in several states. Congress is stalled on this issue, but there is another way to break the impasse: federal court.
Late last week Americans for Safe Access (ASA) got some exciting news: the United States Court of Appeals for the D.C. Circuit agreed to hear oral arguments in Americans for Safe Access v. Drug Enforcement Administration. Ten years after original rescheduling petition was filed, the courts will finally review the scientific evidence regarding the therapeutic value of cannabis!
We need your help to keep fighting this decade-long battle to remove medical cannabis from the federal list of dangerous drugs with no medical value. Make a contribution today if you can afford to support ASA’s work.
Last year, we appealed the Administration’s decision to deny our nine-year old rescheduling petition, knowing that the courts could still choose not to hear our case. The decision to hear oral arguments is huge. This appeal may lead to the first evidentiary hearings of the medical value of cannabis since 1994 – and a lot has happened since then!
ASA can make this happen. We have a strong legal team and recognized expertise in the field. We also have a comprehensive plan to use media, legislation, and strategic grassroots organizing to get the most out of this lawsuit. But we need your help to do it. Please make a special one-time or monthly recurring donation to ASA today.
Victory on this front would literally be the turning point for safe access to medical cannabis nationwide! We can fight this fight and win – if people like you support the effort. Thank you for helping make it happen.
Sincerely,
Steph Sherer
Executive Director
P.S. – Join our online activist “summer camp” – Camp WakeUpObama – and sign up for email alerts regarding the medical cannabis community!
HIGHER HELP: Thomas M.J. Lavigne, Attorney At Law
Posted on | August 7, 2012 | No Comments
- Cannabis Counsel: Thomas MJ. Lavigne, Attorney At Law
Thomas MJ Lavigne, JD has been practicing business law successfully for more than 20 years. He provides business law services for businesses aiming to serve patients and caregivers under the Michigan Medical Marihuana Act (“MMMA”). Lavigne also provides legal services in criminal defense and civil rights cases.
Lavigne began his career in Hawaii, right out of law school, the 1st of 3 state’s bars to which he is now admitted to practice law: Michigan, Hawaii, and North Carolina. The U.S. District Court for the Eastern District of Michigan, the District of Hawaii, and the Eastern and Central Districts of North Carolina. Lavigne is admitted to practice law before the U.S. Court of Appeals for the Ninth Circuit, and Fourth Circuit.
Lavigne served as General Counsel and VP of Business Development at IDEACore, LLC in Birmingham, Michigan from 2000 to 2010. A powerful software patent was obtained for the company, which involved working closely on prosecuting the patent through several office actions before being granted. Government contracts and Fortune 500 customer contracts were often negotiated to avoid over-reaching. Lavigne himself mastered the systems engineering methodologies of Quality Function Deployment, Analytical Hierarchy Process, TRIZ and Failure Modes and Effects Analysis; all of which he now applies to the practice of law, as an original member of Cannabis Counsel PLC, founded 4/20/2010.
Lavigne worked as a trial lawyer for four years in the sand-hills of North Carolina, where you can golf 12 months per year. His general practice included criminal defense, personal injury, wills, trusts, real estate, and government liability in North Carolina.
Lavigne worked with Riecker VanDam, Barker and Black in Midland Michigan when he first returned to his home state of Michigan in the late nineties, doing a variety of tax law for non-profits, complex business litigation verses Enron, criminal defense.
The day he passed his first bar exam, Thomas Lavigne filed in federal court, in Hawaii, a high profile Civil RICO (Racketeering Influenced and Corrupt Organizations Act), against a long list of defendants, including the Governor of Hawaii; the Mayor of Honolulu; City Councilmen; the State Senator and State Representative both chairmen of the Land Use Committees, respectively; and several foreign nationals who were bribing said government officials, which bribes were found by the Federal Elections Commission to violate the prohibition against foreign campaign contributions; and their bribery agents were sued too for the pattern of racketeering activity (later implicated in the White House presidential suites for sale to criminal elements from the far east). This was a pro bono case representing a dozen farmer families who had farmed Maunawili Valley, some for centuries. Private Japanese golf course development corporations run by Korean Yakuza gangsters shot farmers’ cattle, served false eviction notices, in order to intimidate the farmers off of their farms. When a political hack was appointed to preside over summary eviction proceedings in State Court, Lavigne successfully argued a Writ of Mandamus granted by the Supreme Court of Hawaii, one of only a few granted in the State’s legal history at the time. One of Lavigne’s first oral arguments was in the US District Court for the District of Hawaii, opposite over a dozen of the top lawyer’s from the biggest Honolulu law firms, including three former state bar presidents.
Lavigne also represented neighborhoods of home owners exercising their rights under Hawaii’s Land Reform Act. This Act allows neighborhoods to petition the State to institute Eminent Domain, or Condemnation actions against the British Missionaries which five entities had owned all of the land in Hawaii until this law rescued homeowners who had all rented the land under their homes. Lavigne successfully argued to uphold the constitutionality of this law at the Supreme Court of Hawaii.
Lavigne also succeeded in an Employment Discrimination case against the University of Hawaii and served as a guardian Ad Litem appointed by the court to represent children in child abuse cases, as well as child abuse defense, reunifying families torn apart by a broken system.
You can reach Mr. Lavigne here: Cannabis Counsel * 2930 E. Jefferson Ave * Detroit, MI 48027 * 313-446-2235 * info@cannabiscounsel.com * The Leaders in Marijuana Law – or via their website here: http://www.cannabiscounsel.com/attorneys/thomas-l-lavigne-attorney-at-law/