Health & Wellness through Nature

UCSD Studies Show Marijuana Has Therapeutic Value, Reports to Legislature

First results in United States in 20 years from clinical trials of smoked cannabis

Researchers from the University of California’s Center for Medicinal Cannabis Research (CMCR) have found “reasonable evidence that cannabis is a promising treatment” for some specific, pain-related medical conditions.  Their findings, presented today to the California legislature and public, are included in a report available on the CMCR web site at http://www.cmcr.ucsd.edu.

“We focused on illnesses where current medical treatment does not provide adequate relief or coverage of symptoms,” explained CMCR director, Igor Grant, MD, Executive Vice-Chair of the Department of Psychiatry at the UCSD School of Medicine.  “These findings provide a strong, science-based context in which policy makers and the public can begin discussing the place of cannabis in medical care.”

Researchers have completed five scientific clinical trials, with more in progress.  These studies showed that cannabis can be helpful in easing pain in selected syndromes caused by injury or diseases of the nervous system and possibly for painful muscle spasms due to multiple sclerosis.       

“These scientists created an unparalleled program of systematic research, focused on science-based answers rather than political or social beliefs,” said Senator John Vasconcellos, original author of The Medical Marijuana Research Act of 1999 (SB847) which led to the creation of the CMCR.

Study results have been published in high-impact medical journals, garnering national and international attention which prompted leading experts to come together and foster scientific dialog on the possible uses of cannabis as a therapeutic agent.  More study will be necessary to figure out the mechanisms of action and the full therapeutic potential of cannabinoid compounds, according to the UC researchers.

About The Center for Medicinal Cannabis Research: 

The CMCR was created in 2000 (through the passage of SB847) to conduct clinical and pre-clinical trials of cannabinoids, including smoked marijuana, to provide evidence, one way or the other, to answer the question “Does marijuana have therapeutic value?”  The program’s purpose is to oversee objective, high-quality, medical research that would enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.  The project was never to be construed as encouraging or sanctioning the social or recreational use of marijuana.  http://www.cmcr.ucsd.edu

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Media Contact: Kim Edwards, 619-543-6163, kedwards@ucsd.edu

 

Tax & Regulate Cannabis – California 2010

Tax and Regulate Cannabis 2010

Dear Botanicure,

I have exciting news to share with you today.

Last month, we turned in 700,000 signatures, far exceeding the 433,971 required to qualify the initiative for November’s statewide ballot.

Counties have begun to count the signatures, and in order to get on the ballot, only 63% of our signatures need to be approved. Well, right now, on average, 76.73% of our signatures are being approved each day.

We expect to be certified for the November ballot in March — putting us closer than ever to legalizing, taxing, and regulating cannabis in California.

Now that it’s clear that the Tax & Regulate Cannabis 2010 initiative will be on the November 2010 statewide ballot, we need your support. Can you contribute $5 or more today?

We’re embarking on a comprehensive campaign to show California voters why laws criminalizing cannabis have failed and that we must legalize, tax, and regulate cannabis in California this year. That’s why I’m writing for your support today.

Please contribute $5 or more today.

Thank you so much for your support.

  Sincerely,
Richard Lee  �
Proponent, Tax Cannabis 2010

Engagement, Regulation, Taxation and then… Enforcement

By Botanicure Staff

 

Proponents of medical marijuana and local citizens of San Diego that care to follow what’s going on with medical marijuana dispensaries and want an unbiased picture of what’s going on, would do well to consult other forms of media than our local rag – The San Diego Union Tribune.  The UT ran an editorial on Tuesday December 8th and made it quite clear where our newspaper stands on safe access to medical marijuana.

 

The editorial attacks our City Council by bringing up comments from the DA’s office about all medical marijuana storefronts operating outside of the bounds of the law.  The editorial goes on to further substantiate Steve Walter’s comments with those of Los Angeles County District Attorney Steve Cooley, who previously stated that “about 100 percent” of the marijuana storefronts in Los Angeles County operate illegally.

 

It’s odd that the author of this editorial did not reference the recent acquittal by jury of Jovan Jackson and his Answerdam collective.  That acquittal centered on the fact that our laws on medical marijuana collectives and dispensaries are vague and ambiguous. 

 

As a cancer patient and director of the Botanicure Collective I am personally disappointed with the direction our elected officials took in attacking the medical marijuana community with the raids in September.  And furthermore, as a resident of this beautiful city, I’m simply embarrassed at the kind of biased journalism that goes into the San Diego Union Tribune (with an exception of the wonderful piece by Michael Stetz a month or so back letting the medical marijuana community know that the ball is in our court – his comments were right on!).

 

The medical marijuana community is certainly not perfect and yes there are unscrupulous characters within the community that are utilizing the cover of the law to go about selling weed as they wish – but these same people are not representative of the majority of people that I’ve met since becoming passionate about this cause.  The expensive raids, witch hunts and investigations need to be put on “Pause” and our democratically elected officials need to do their job and engage both proponents and opponents of medical marijuana and work out a properly regulated environment to provide safe access to medical marijuana to those who need it.  Once proper regulations are established we can then go about cleaning up the “pot dispensaries” that don’t comply.

 

The Medical Marijuana Task Force has already presented a carefully vetted list of recommendations which appears will be dismissed by the zoning folks in the city.  And from what I can tell is just more of the same resistance that medical marijuana has faced in San Diego since it became legal.  The UT’s editorial stated “For an industry with the track record of marijuana dispensaries, these recommendations clearly don’t go far enough.  The obvious first step would be to allow marijuana dispensaries only as police-regulated businesses, just like massage parlors, strip joints, pawn shops and numerous other businesses.”

 

One might think with that kind of blackballing of an entire community within America’s Finest City, that our dear San Diego Union Tribune was being sponsored by the San Diego District Attorney’s Office.

Actually the Botanicure Collective is in agreement with the suggestion that dispensary owners and operators should be required to submit their applications to the police department and that all dispensary employees should be subject to criminal background checks.  It’s a fantastic idea and a wonderful step toward creating rules and regulations that we can all live by.  We’re just pissed off about the characterizations the UT made.

 

The Botanicure Collective would like to encourage anyone pro or con to the issue of safe access to medical marijuana to simply take the point of view that this debate is not about whether medical marijuana is legal or illegal…  or whether dispensaries/storefronts are legal or illegal…  they are LEGAL and continued efforts at making it illegal will simply result in more expensive lawsuits and a waste of our precious resources that we can ill afford.  People!!!  There are far more important issues to expend our energy on!  This issue doesn’t need to be this complicated if our elected officials would simply garner the courage to take a stand and engage the responsible members of the medical marijuana community and quit trying to either create more obstacles or in some cases – bury their head in the sand.

 

This is about both sides of this issue meeting in the middle and working out rules and regulations that will keep this city safe, send the right message to our children and allow legitimate patients to safely access this natural medicine.  Stop trying to paint the medical marijuana community in league with massage parlors, strip joints and pawn shops.  Stop creating an atmosphere of fear and persecution.  Engage us in real dialogue.  Amongst this community, I’ve met some wonderful upstanding citizens from young adults to senior citizens and I’m encouraged to see and hear their opinions on the ridiculous path that our newspaper and certain government officials have tried to steer this issue.  There are far more worthy causes for our elected officials to focus their energy and resources on than fighting this war that they will most surely lose at election time.

 

Let’s get on with the important stuff of getting this city back on track.  Engage the medical marijuana community with respect, properly regulate it and let law enforcement deal with those who don’t follow the rules.  With proper rules in place, the judiciary can properly do their job of administering justice instead of being a puppet of autocratic public officials.  Taxation will be the next step and the medical marijuana community will finally be able to be more than just a service to patients, it will also be contributing to the greater good of the community in the form of much needed revenue. 

We’re not there yet… but we will be sooner or later.

Manager of medical pot dispensary is acquitted

He faced 5 charges of sales, possession

By Greg Moran, UNION-TRIBUNE STAFF WRITER

Wednesday, December 2, 2009 at 12:01 a.m.

SAN DIEGO COURTS — A Navy veteran who was the manager of a medical marijuana dispensary was acquitted of five charges of possessing and selling the drug illegally yesterday, a verdict that emboldened medical marijuana activists and was a setback for San Diego prosecutors who have aggressively pursued medical marijuana cases.

Jovan Jackson blinked, began to sigh, then started to weep as the court clerk in San Diego Superior Court Judge Cynthia Bashant’s courtroom ticked off one “not guilty” verdict after another on the possession and sales of marijuana charges he faced.

Jackson was convicted of possessing the drugs Ecstasy and Xanax, however. Those charges were not the focus of the case, and he likely will not spend time in prison for them.

After the trial, which began Nov. 20, the jury foreman said that the ambiguity and lack of clarity in California’s medical marijuana law tipped the balance in favor of Jackson.

Ed Fowler said the law is unclear on the definition of a collective or cooperative, so the panel had to find Jackson not guilty.

Jackson, 31, was the manager of the Answerdam Alternative Care in Kearny Mesa. San Diego prosecutors alleged that instead of dispensing medicine, Jackson was in the business of illegally selling the drug for profit.

Prosecutor Chris Lindberg argued that the dispensary sold marijuana to anyone who came in. San Diego police conducted undercover purchases in June and July of last year. One detective paid a $20 membership fee and provided a doctor’s recommendation but signed up with a false name.

At the trial, Jackson’s lawyer, Lance Rogers, argued that the dispensary complied with the law, requiring members to have a doctor’s recommendation to use the drug and sign a membership agreement.

The jury deliberated about a day before reaching its verdict. Perry Wright, another juror, said afterward that clarifying the state’s medical marijuana law is needed if there are to be more prosecutions.

“If you are going to hold someone to the law, you have to define that law,” Wright said.

Medical marijuana activists said the verdict should send a message to District Attorney Bonnie Dumanis about bringing more cases and to local law enforcement that has orchestrated raids on cooperatives.

“I hope today this sends a signal that this has to stop,” said Donna Lambert, a medical marijuana patient who was in the courtroom for the verdict and supported Jackson.

The most recent wave of raids occurred in September, shutting down 14 medical marijuana storefronts and leading to 31 arrests. One of those arrested was Jackson, who is facing charges stemming from that arrest.

The other cases are under review.

Lindberg said after the verdict he was disappointed but respected the jury’s decision and work on the case. He indicated that the verdicts will not halt medical marijuana cases, and if people are not obeying the law, they will be prosecuted.

Jackson said outside court that he was thankful. “I’m glad this day has finally come,” he said.

His lawyer, Rogers, said that the verdicts “are a big win, not just for Jovan Jackson but for everyone who is a target of the DA’s raids.”

http://www3.signonsandiego.com/news/2009/dec/02/manager-medical-pot-dispensary-acquitted/

Using Marijuana Stores to Market Food

By ANDREW ADAM NEWMAN

Published: November 4, 2009
A new print ad for the Hapa Sushi restaurant chain shows its locations among a growing number of medical marijuana stores.

A new print ad for the Hapa Sushi restaurant chain shows its locations among a growing number of medical marijuana stores.

AFTER Attorney General Eric H. Holder Jr. announced in March that he would end the Bush administration practice of frequently raiding medical marijuana dispensaries, the dispensaries have been growing, appropriately enough, like weeds.

Among the 14 states with medical marijuana laws, Colorado has experienced particularly brisk growth in the stores. From fewer than two dozen dispensaries in the state in January, there are now more than 60 just in Denver and nearby Boulder, and more than 10,000 registered medical marijuana patients statewide, according to reports in Westword, a Denver alternative weekly.When Westword announced recently that it would hire a registered patient to write reviews of the dispensaries (for a column called “Mile Highs and Lows”), it received 400 applications, according to Patricia Calhoun, its editor. And dispensary owners — called ganjapreneurs in a recent headline in the weekly — are placing ads, accounting for nearly seven pages of advertising in a recent 92-page issue.

Now a business that has nothing to do with cannabis is aiming its ads at medical marijuana patients. A new print ad — by TDA Advertising and Design of Boulder — for Hapa Sushi, a restaurant chain based in Boulder, features a map of Denver and Boulder with 63 dots. Four dots are red, representing the four Hapa locations, and the remaining 59 are blue, representing medical marijuana dispensaries, some of which, it turns out, are just a stone’s throw from the restaurants. The ad was to appear Thursday in the Denver/Boulder edition of The Onion and in Westword later in the month.

“We’re just kind of saying, ‘Look, these dispensaries exist and they’re becoming part of our community, so let’s welcome them in and have some fun,’ ” said Mark Van Grack, owner of Hapa Sushi, a privately held, 10-year-old chain. “If you’re going to smoke pot, you’re going to get the munchies, so come to Hapa to eat.”

As in most Hapa advertising over the years, something is conspicuously absent from these ads: food.

“Most restaurants show food, but then you’re just one of a hundred,” Mr. Van Grack said. “We think that our clientele appreciates smart ads that grab their attention. By creating ads that people want to talk about, that are creative and maybe controversial, then at least they are talking about our ads and Hapa is top of mind.”

Jonathan Schoenberg, the creative director at TDA, said of the Hapa ads, “We try to keep these guys in a culturally significant place.”

In 2007, when Barry Bonds hit his 755th home run to tie Hank Aaron’s record (which Bonds soon broke), the agency created a Hapa print ad that alluded to allegations of steroid use by Bonds.

“Congratulations Hank Aaron on 755 home runs,” the ad declared. Smaller print below added, “Organic beef and chicken, no added steroids.” An Associated Press wire story about the ad was reprinted in publications throughout the country, and some readers were not amused.

“I had some guy from San Francisco call me every day for a week because he was offended by the ad,” said Mr. Schoenberg. “But he lived in San Francisco, so we didn’t care.”

Mr. Van Grack, Hapa’s owner, recently came up with a marketing stunt on his own, with no help from his agency.

Last month, Boulder’s police chief, Mark Beckner, announced a crackdown on a 10-year-old tradition, the Naked Pumpkin Run, in which as many as 100 runners wearing only footwear and pumpkins over their heads streak through the city. The chief said participants would be arrested and charged as sex offenders, a threat that had teeth because a dozen runners were arrested last year.

In response, Mr. Van Grack had about 100 pairs of orange briefs and thongs printed with the Hapa logo and the words “Run Responsibly.” Restaurant representatives stationed along the streaking route on Halloween night planned to distribute them.

Only three runners took part, however, and they had already heeded the police and wore skimpy bottoms.

But while the runners were not exposed, the restaurant got plenty of exposure. The Wall Street Journal mentioned Hapa Sushi in a front-page article about the Naked Pumpkin Run hubbub. The restaurant also was named on Web sites including The Huffington Post, not to mention local television and print coverage.

“We salute Hapa owner Mark Van Grack, who clearly knows when to serve things raw — and when to take cover,” Ms. Calhoun, the newspaper editor, wrote in a blog post on Westword.com.

http://www.nytimes.com/2009/11/05/business/media/05adco.html?_r=2&scp=1&sq=medical%20marijuana%20hapa&st=cse

Pot Goes Mainstream on NBC’s Today Show (VIDEO)

Marie Claire editor-in-chief Joanna Coles, and Dr. Julie Holland, a psychiatrist at the New York City School of Medicine, on the NBC Today Show

Marie Claire editor-in-chief Joanna Coles, and Dr. Julie Holland, a psychiatrist at the New York City School of Medicine, on the NBC Today Show

Tim King Salem-News.com

 

Studies indicate that 8 million American women smoked marijuana in the last year.

(LOS ANGELES) – It was interesting to watch Matt Lauer have to be “cool” about marijuana in this week’s NBC Today Show segment titled “Stiletto Stoners”, which related a story of growing numbers of women who prefer pot as a wind down drug, that they see as far less harmful than alcohol or other substances.

Marie Claire editor-in-chief Joanna Coles, is one of many modern professional women who disagree with the somewhat common belief, that there is a large social stigma attached to smoking marijuana.

“I have to say, that’s not what we are hearing from readers, she said on the Today Show. First of all, it’s decriminalized in 13 states, and I don’t think this is a generation of people who get excited about the fact that it’s illegal.”

Coles says the inspiration for the article came from readers who said that they were feeling stressed.

“Clearly, the economy is a great deal of stress for people and they wanted a way to unwind. And they found more and more of them were doing this [smoking marijuana] and they found it had less impact on them when they were going to work the next morning. So they didn’t want to drink. It’s cheap and they felt they could do it in the privacy of their own home, and it was a very effective way to calm down,” Coles said.

Also appearing on the program, Dr. Julie Holland, a psychiatrist at the New York City School of Medicine, agreed that marijuana may be a less harmful drug than alcohol, saying that marijuana has psycho-therapeutic properties that booze lacks.

“It’s more of a mind drug”, she said. “Alcohol’s sort of a deadening, numbing maybe more like a body drug.”

“On pot, people are unwinding and they’re relaxing, but they’re also able to think and maybe analyze or think clearly, I think cannabis is more functional than alcohol, certainly in terms of anxiety. It can be a treatment or a medicine.”

Coles added that the Marie Claire article seems to have struck a nerve with readers.

Special thanks to Cheryl Shuman from the Beverly Hills Chapter of NORML.

http://www.salem-news.com/articles/october022009/stiletto_stoners_tk_10-2-09.php

Marijuana Task Force Update: Keeping collectives at a safe distance

Marijuana Task Force Update: Keeping collectives at a safe distance

Marijuana Task Force Update: Keeping collectives at a safe distance

San Diego Government - City of San Diego
BY Landon Bright   
Monday, 02 November 2009 18:17

Last Friday, the city of San Diego Medical Marijuana Task Force held its second-to-last meeting for the calendar year. The meeting focused on what the permitting process should be for dispensaries and how far collectives and cooperatives should be kept away from schools and each other.

Alex Kreit, chair of the committee, said the main recommendation to come out of last week’s meeting had to do with conditional use permits. Like the vast majority of other cities and counties in the state, the task force recommended that the city require dispensaries go through the conditional use permitting process. Smaller dispensaries would be reviewed using the Process 2 level, while larger dispensaries would be reviewed at the Process 3 level. Like the permitting processes imposed for other uses of real estate, the processes, ranging from 1-5, are classified based upon how rigorous the review is.

The task force also addressed where the dispensaries can be located in regards to schools and each other. They recommended that dispensaries be located at least 1,000 ft. from schools, and dispensaries no closer than 500 ft. from each other. Both distances are similar to what other cities and counties are currently using.

Last week’s meeting also featured a presentation by former mayoral candidate Steve Francis, who put together a poll measuring San Diegans feelings towards medical marijuana and how it’s supplied. Overall, the poll showed wide support for medical marijuana use, as long as it’s tightly regulated.

“I think that it shows what I’ve sensed to be the feeling in San Diego, that San Diegans don’t want to see collectives and cooperatives banned,” said Kreit. “The vast majority think it’s incredibly important that patients have safe access to their medicine, like they would to any other medicine. San Diegans realize there needs to be a legal method of access and that the method is collectives. I think there is also vast support that they need to be regulated. The poll seems to confirm what the task force has been thinking.”

The final agenda for this week’s meeting has not been released yet. But Kreit says the meeting will center on zoning issues–determining which zones will provide for marijuana dispensaries as an allowable use (presumably with a permit).

“I doubt we will get into a level of detail because the city has a fairly detailed zoning list. I suspect it will be along the lines of a general recommendation of the types of zones we will think are appropriate,” he said.

One interesting aspect that the task force is looking into has to deal with the nonprofit angle.  The group is looking into having some kind of process where dispensaries would have to provide evidence that they plan to act as a non-profit. A recent crackdown by County DA Bonnie Dumanis brought up questions about whether local dispensaries were making a profit, something they are not supposed to be doing.

http://sandiegonewsroom.com/news/index.php?option=com_content&view=article&id=37795:marijuana-task-force-update-keeping-collectives-at-a-safe-distance&catid=110:city-of-san-diego&Itemid=34

Marijuana growers upend hard-luck California town

By Alana Semuels

They flock to Hayfork to bask in the sunny, cool climate and the permissive rules on medical pot farming and possession.

An abandoned truck in Hayfork, Calif. Pot farmers are filling an economic void left by the logging industry. The unemployment rate in the county was 15.9% in September. (Bob Chamberlin / Los Angeles Times / October 31, 2009)

An abandoned truck in Hayfork, Calif. Pot farmers are filling an economic void left by the logging industry. The unemployment rate in the county was 15.9% in September. (Bob Chamberlin / Los Angeles Times / October 31, 2009)

Reporting from Hayfork, Calif. — Education has long been preached as a way to keep kids away from drugs. It’s the walk to school that has Supt. Tom Barnett worried.

This hardscrabble Northern California town has become a hotbed for medical marijuana farming. Kids stroll much of the year past pungent plants flourishing in gardens and alleys. The red-and-black clad Timberjacks football team moved its halftime huddle on a recent Friday night to avoid the odor of marijuana smoke wafting over the gridiron from nearby houses. Some students talk openly of farming pot after graduation, about the only opportunity in this depressed timber town.

“It’s not a subculture here,” said Barnett, who heads the Mountain Valley Unified School District. “Marijuana is drying in their houses. It’s falling out of their pockets.”

Los Angeles isn’t the only place struggling with repercussions unleashed by its permissive medical marijuana laws. Here in Trinity County, cannabis cultivation is upending the rural culture and economy of one of the state’s most hard-luck regions.

Drawn by the sunny, cool climate — and a local ordinance permissive of medical marijuana farming and possession — big-city refugees have brought a decidedly urban edge to hamlets such as Hayfork, about 60 miles west of Redding.

This town has no stoplights. No home mail delivery. Nearly a quarter of its 1,900 residents are poor. But that hasn’t stopped outsiders from bidding up the price of real estate with sun-soaked southern exposures, all the better to cultivate plants that can grow 12 feet high or taller.

The sheriff’s office estimates 10,000 plants are growing in a single remote subdivision known as Trinity Pines. Lots on its southwest-facing slope sell for as much as $50,000, up from about $3,500 five years ago, according to Steven Hanover, an area real estate broker.

Fall harvest season brings strangers with dreadlocks and cash boxes. Some farmers guard their crops with electric fences, razor wire and snarling dogs. Hikers have been threatened at gunpoint for wandering too close to where they aren’t wanted.

“It’s just torn the fabric of our society,” said Judy Stewart, a 69-year-old retiree who has lived in Trinity County for more than 50 years. “It’s pitted people against one another.”

‘Pot paradise’

How Trinity County, a sprawling, lightly populated area twice the size of Rhode Island, came to be dubbed “Northern California’s pot paradise” by High Times magazine is a story of law, lawlessness and geography.

Just a little more than 14,000 residents are spread across its 3,000 square miles. People live as they like in its mountains thick with trees, separated from civilization by windy roads and “No Trespassing” signs. For decades, that’s made it easy for some residents to grow marijuana without much interference.

Trinity County has “always been a pot county. Our climate in these little mountain valleys is conducive to great cannabis,” said Mike Boutin, who runs Grace Farm, a collective in the western part of the county. He said he originally moved there to grow and sell medical marijuana on the black market. He now cultivates it legally because of California’s Proposition 215.

Known as the Compassionate Use Act, that statewide ballot initiative approved by voters in 1996 allowed patients suffering from cancer, glaucoma and other illnesses, as well as their caregivers, to grow and possess the drug to ease their discomfort.

Concerns by patients and law enforcement that the law was too ambiguous prompted the Legislature in 2003 to clarify just how much pot could be grown legally. California guidelines currently allow half a pound of dried marijuana and six mature or 12 immature plants for patients who obtain a doctor’s recommendation. In addition, the law gave cities and counties flexibility to adopt more generous guidelines. Trinity in 2007 upped its limits to 12 mature pot plants, 24 immature plants and 3 pounds of dried weed — a policy that was later revoked after residents complained.

State law also permits nonprofit cultivation cooperatives where patients can, in effect, pool individual plant limits. That opened the way for large growing operations like Grace Farm, which has 20 members from across the state.

Grace Farm family

Among them is Jacqueline Patterson, 31, who uses marijuana to treat her cerebral palsy and a severe stutter. The single mother of four lives in publicly subsidized housing in Marin County. She fears she would be booted from the program if she tried to grow dope at home or buy it from street dealers. She travels to Trinity twice a year to pick up 3 pounds of marijuana, which she gets free in exchange for working for the co-op. The collective charges most patients about $170 an ounce.

The arrangement has allowed her “to acquire medicine affordably,” said Patterson, who moved in 2007 from Missouri where medical marijuana is illegal. “Grace Farm has really given me more of a family out here in California.”

But locals in Trinity say California law is so permissive that almost anyone can get a doctor’s “recommendation” needed to grow their own marijuana or buy it at dispensaries. ID cards — which patients can use as proof they have a physician’s recommendation for medicinal cannabis — are voluntary. And because state guidelines aren’t hard and fast, some doctors recommend that their patients be allowed to grow many more plants than the suggested ceiling.

Officials say they’re powerless to do much about it.

“All they need is a recommendation by a doctor on a match book,” said Roger Jaegel, a county supervisor who represents an area that includes parts of Hayfork. ” Dr. Seuss could be writing these prescriptions.”

The upshot, critics say, is that a law crafted to help sick people has morphed into a lucrative trade, one in which rural farms are supplying urban dispensaries that cater to mostly recreational users armed with doctors’ recommendations. Growers have flocked to Northern California’s “Emerald Triangle” of Trinity, Mendocino and Humboldt counties for cheap land, a good climate and loose oversight.

In the college town of Arcata, home of Humboldt State University, buildings that once housed car dealerships now host cannabis dispensaries, said Kevin Hoover, publisher of the Arcata Eye newspaper. He said entrepreneurs have converted entire homes into indoor greenhouses rigged with “grow lamps.” That’s blighting neighborhoods and exacerbating the town’s housing shortage, Hoover said. Home invasions and fires are up.

“What’s happened is that a lot of the people who are in it for the money have found all the loopholes,” Hoover said. “They’re gaming the whole thing to enable more of an industrial production of marijuana.”

Out-of-towners

In Hayfork, some farmers plant pot near public roads. Cars with out-of-state license plates pour into town during the fall harvest. Authorities suspect that a shooting in Trinity Pines was linked to marijuana. Many residents now avoid that area.

“We’re beginning to feel like Colombia,” Jaegel said. “It’s a difficult thing for small communities to have to put up with.”

Marijuana advocates say that trouble makers are a small minority and that the true danger is drug cartels operating large illegal operations on public forest land.

Indeed, the Trinity County Sheriff’s Department — with a total of 15 officers — devotes most of its drug enforcement efforts to fighting those organized gangs. Partnering with the U.S. Forest Service, they’ve closed 45 illegal sites in the county since June. They’ve arrested dozens of laborers and collected nearly 400,000 illegal plants this year, up from 250,000 last year. Weapons have been found at nearly every site they’ve raided.

Last summer alone in the Shasta-Trinity National Forest, the government spent nearly $1 million removing 29,085 pounds of debris — including 14 illegal dams that had been built to siphon water to the farms, 1,004 pounds of fertilizer and 159,240 feet of irrigation pipe — from abandoned marijuana farms.

Officials see a link between these cartel operations and 215 gardens: Americans’ insatiable demand for drugs.

“I just wish recreational pot smokers could understand what they are supporting,” said Joshua Smith, natural resources project manager at the nonprofit Watershed Research & Training Center in Trinity County. “They’re supporting clear-cutting the forest, pesticides, de-watering the streams, poaching wildlife, Mexican drug cartels and human trafficking.”

Money talks

Lack of job opportunities is also driving the trade here. Logging, once a major employer, has all but disappeared. Trinity County’s unemployment rate of 15.9% in September was one of the highest in the state. Its median household income of $35,439 is the third-lowest in the state.

Some say that the marijuana industry, for better or for worse, brings some economic benefits. Farmers buy water tanks and other equipment at local stores; laborers eat at area restaurants. A scruffy young man named Jaya traveled from New York to pick up work in the recent harvest. Eating ice cream at the Family Dairy Store in Hayfork recently, he communicated by scribbling on a notepad because, he wrote, he had given up speech “in loving silence.”

Locals might not cotton to these outsiders. But at least their money spends.

“The only thing that keeps this economy going is the growers,” said Dennis Cooney, owner of the Northern Delights coffee shop in downtown Hayfork.

But retiree Stewart, who owns several rental properties, is sick of the changes. She’s tired of battling tenants who try to grow marijuana on her land. She’s weary of hearing gunshots and seeing rough-looking strangers loitering around town. She fears growers will only be emboldened by U.S. Atty. Gen. Eric H. Holder Jr.’s recent statement that the federal government will halt raids on legal dispensaries.

“It gives them the license to really be in your face,” Stewart said. “I’d leave in a heartbeat if I could.”

alana.semuels@latimes.com

Copyright © 2009, The Los Angeles Times

http://www.latimes.com/news/nationworld/nation/la-fi-dope-county1-2009nov01,0,6540031.story

Court Slams LAPD For Illegally Seizing Medical Marijuana Profits

By R. Scott Moxley in Breaking News, Moxley, Yo Smoka Smoka

Court Slams LAPD For Illegally Seizing Medical Marijuana Profits

Court Slams LAPD For Illegally Seizing Medical Marijuana Profits

In a remarkable opinion issued today with potential Orange County implications, the United States Court of Appeals for the Ninth Circuit blasted the Los Angeles Police Department (LAPD) for committing “highly objectionable,” “tainted,” “reckless,” “misleading” and “illegal” conduct in a 2005 attempt to seize more than $186,400 from a legally compliant Southern California medical marijuana distributorship.

The justices showed no patience for LAPD’s efforts to keep the cash for itself and then later–after it was clear they couldn’t take possession legally–transferred it to Thomas P. O’Brien’s LA-based U.S. Attorney’s office, which planned to kickback as much as 80 percent of the money to the local cops.
“We are particularly concerned by the possibility that the LAPD might stand to profit from [its own] unlawful activity,” wrote circuit Judge Richard R. Clifton, who went on to describe the money grab as “disturbing” and a “distinct” violation of the U.S. Constitution’s limitations of police state activities such as tainted searches and seizures of private property.
The opinion reverses a federal District Court’s ruling that blocked a summary judgment motion by United Medical Caregivers Clinic, Inc., which was trying to regain its plundered cash from federal agents. Though California law allows for medical marijuana distributorships, the feds eventually grabbed the clinic’s cash under the theory that all marijuana sales are illegal under federal law. LAPD’s misconduct should not preclude federal agents (who weren’t involved in the case) from taking control of the money, federal prosecutors said.

(Interestingly, in a specious, last-ditch effort to prevent the clinic from recovering its funds, LAPD also argued that they’d conducted the search to protect federal law.)
But arguments by O’Brien’s office failed in large part, according to the justices, because LAPD officers lied to gain the initial state judge-approved search warrant by failing to note that the clinic was operating lawfully under state law. In other words, the cops had no probable cause for their search that produced the cash, 209 pounds of marijuana, 21 pounds of hashish and 12 pounds of marijuana oil.
Noting the “strong” self-interest cops have in seizing drug assets for themselves, the justices said, “The integrity of this court is served by our refusal to allow the government to profit from illegal activity by law enforcement when such activity produces incriminating evidence.”

In recent months and after this case was filed, U.S. Attorney General Eric Holder announced that federal agents will not prosecute medical marijuana providers in states where the activity is legal.

–R. Scott Moxley / OC Weekly
 

Poll Reveals San Diegans Want To Regulate Marijuana Dispensaries, Not Eliminate Them

http://blogs.sfweekly.com/thesnitch/2009/10/chronic_city_san_diegans_want.php
By Steve Elliott

It’s a classic case of disconnect between public policy and public opinion. As District Attorney Bonnie Dumanis continues with her medical marijuana dispensary crackdown in San Diego, a new poll indicates that a hefty majority of city residents favor leaving the pot shops open and regulating them.

About 77 percent of San Diego’s adult residents agree that the city has an obligation to ensure convenient access to medical marijuana and 69 percent say the drug should be treated like any other prescription drug.
Only 9 percent want to completely ban the dispensaries.
Dumanis received heavy publicity for saying there are “no such things” as legal marijuana dispensaries, despite state law. A voter initiative, Prop 215, legalized medical marijuana in California in 1996, and SB 420 clarified and expanded the law in 2003.

According to president John Nienstedt and research analyst Elizabeth Shield of poll-takers Competitive Edge, San Diegans, even while supporting safe access for medical marijuana patients, tend to oppose legalizing recreational marijuana use. Forty-seven percent say they would vote against a measure to legalize and 40 percent would support it. Eleven percent say they are unsure how they’d vote.
Contrary to the picture painted by Dumanis of residents being unhappy about the prevalence of dispensaries in their neighborhoods, 43 percent have no idea whether there is a dispensary near them. Only 8 percent are aware of a medical marijuana dispensary in their neighborhood, and 48 percent believe their neighborhood has no dispensary.
The regulations with the strongest support — more than 80 percent — among San Diegans are 1) requiring employees and managers of dispensaries to be fingerprinted and undergo a criminal background check by law enforcement; and 2) requiring dispensaries to be 1,000 feet from schools and youth facilities.
Also receiving strong support, with more than two-thirds of those polled favoring, were requiring notification letters to be sent to nearby residents during the dispensary permitting process; prohibiting dispensaries from locating in residentially zoned areas; and requiring dispensaries to be non-profit organizations.
More than half (57 percent) disagree that medical marijuana dispensaries are associated with Mexican drug cartels, an accusation heard frequently from anti-pot zealots like Dumanis.
Almost half (45 percent) of those polled admit having tried marijuana at some point in their lives. Of those who have tried pot, 28 percent admitted using it in the past year. Of those who have used pot in the past year, 43 percent say they are medicinal users. Almost two-thirds (65 percent) of those who say they use pot medically buy it at a dispensary or via a door-to-door delivery service. 
The poll results will be presented on Friday to an 11-member advisory task force created by the San Diego City Council to help establish guidelines for the use of medical marijuana in the city.
San Diego, like many cities, has no land-use guidelines controlling where marijuana collectives or cooperatives may or may not be located.
In September, at least 33 people operating marijuana dispensaries were arrested in San Diego County raids that also shut down 14 storefront dispensaries, including 11 in San Diego. Dumanis assembled SWAT-style strike forces of San Diego Police, San Diego County Sheriff’s officers, DEA agents, and IRS agents to descend on the dispensaries, make arrests, seize cash and weed, and disrupt the local medical marijuana distribution system.
The poll, done on behalf of keepcomingback.com, a Web site for substance abuse and addiction problems, queried  505 randomly selected adults and was conducted Oct. 14-17 by the aforementioned San Diego-based Competitive Edge Research and Communication. Competitive Edge has worked in the past for news organizations and political candidates.
San Diego Medical Marijuana Dispensaries Survey (PDF)