- MARIJUANA: Hoax targets U.S. Attorney's Office, media, officials say [3 Updates]
- A Positive Agenda for Cannabis Freedom [1 Update]
- What do we want? When do we want it? [1 Update]
- How Do You Get "Pure" CBDs? With No THC? And You Don't Get High with THC Unless It's Activated by Heat [3 Updates]
- Official City of San Jose "Medical Marijuana Enforcement Update" [1 Update]
- TEMECULA: Appeals court sides with city in battle with marijuana operation [1 Update]
- Please+lighten+up+there+Mr.+Levine [1 Update]
- Obama Victory Fund Invites YOU to a Reception in Celebration [1 Update]
- David Malmo Levine Is a Mean Chauvinist [1 Update]
- Why Letitia is a blowhard who won't be around in two years [1 Update]
- Press Release Sliding Fee Sale Needed For Maine's Low Income Patients At Maine's Medical Marijuana Dispensaries [1 Update]
- "martinvictor" <s..[email protected]> Aug 01 10:16AM -0700
A group —- or perhaps several groups —- protesting the federal
government's crackdown on medical marijuana claimed responsibility Tuesday
for emailing news outlets two hoax press releases
<http://www.nctimes.com/blogsnew/news/dragnet/> that appeared to be from
the U.S. attorney's office in San Diego, according to a post on the
organization's page on Facebook.com.
Neither phony release was published by the North County Times.
The first hoax press release reached the North County Times at 7:05 a.m.
Tuesday. Its format resembled legitimate press releases from the U.S.
attorney's office, and claimed the U.S. attorney's office was closing local
pharmacies because of "high rates of pharmaceutical drug abuse and high
property values of targeted pharmacies."
A second email, also resembling a press release from the U.S. attorney's
office, reached the North County Times at 8:50 a.m. The press release said
the first press release was a hoax, and the U.S. attorney's office was
taking no such enforcement action.
A legitimate email from the U.S. attorney's office reached North County
Times at 10:12 a.m. The email said both press releases were hoaxes, and the
office had not sent either of them.
Several media companies were fooled and reported the false information about
Kelly Thornton, a spokeswoman for the office, confirmed the authenticity of
the third email. She said U.S. Attorney Laura Duffy answered questions about
the hoax at an 11 a.m. press conference in downtown San Diego.
Duffy said the office was investigating the source of the phony emails. She
said the office was also investigating whether the perpetrator of the hoax
committed a crime, which could include impersonation of a law enforcement
A San Diego-based group, called the Federal Accountability Coalition,
claimed responsibility for the hoax
rney-duffy-is-a-benedict-arnold/> early Tuesday in a post on the
9027687?sk=info> Facebook.com page.
The post said the coalition sent the phony press releases "in retaliation
against U.S. Attorney Laura Duffy for her insubordination against the Obama
Administration and Government of the United States of America."
The coalition described the "insubordination" as the office's "use of
federal power to target medical marijuana dispensaries with asset
forfeiture," despite what the coalition described as pledges by President
Barack Obama and U.S. Attorney General Eric Holder that "federal resources
would not be used to shut down medical marijuana dispensaries operating in
compliance with state law."
Later Tuesday, two more groups claimed responsibility.
According to a statement on its website
afternoon, the San Diego chapter of Americans for Safe Access, which
advocates for medical marijuana, claimed responsibility for the hoax. The
statement said the organization worked with lesbian, gay, bisexual, and
transgender activism group Canvass for a Cause.
The hoax was a collaboration between the two groups as part of the Yes Labs
project <http://yeslab.org/about> , according to the statement.
According to the project's website, Yes Labs is "a series of brainstorms and
trainings to help activist groups carry out media-getting creative actions,
focused on their own campaign goals."
The statement on the Americans for Safe Access website did not mention the
Federal Accountability Coalition. Representatives of the coalition and
American Safe Access could not be reached for comment late Tuesday
- Gary <s..[email protected]> Aug 01 11:06PM -0700
How can we learn and utilize something like this to move the industry forward?
I'm speaking of using all of our resources to focus on one thing and make a win for our industry?
Can we figure out something other than the presidential election and pool all our recourses and execute a plan to win something specific that benefits our industry?
Let's put together a list of three or five goals and get teams to focus and prioritize the approach and game plan!
Full legalization the ultimate goal with control by the masses!
A lesser but achievable goal of replacing key political figures.
Any idea by the individual's or the group as a whole?
There are many great ideas and people that can accomplish great things. I suggest we begin now!
Change the world for the better!
- Mickey Martin <s..[email protected]> Jul 31 11:28AM -0700
A Positive Agenda for Cannabis Freedom
Posted by Mickey Martin on July 31st, 2012
I was approached by a dedicated and passionate activist yesterday, and somewhat challenged. I was informed that the “industry/reform folks are gearing up for another legislative or initiative run with an mmj (medical marijuana) regulation bill for 2013.” This person knows that I am going to oppose this effort, as I have made it clear that I do not think we should quit wasting our time and resources on trying to further define and limit the medical cannabis industry. Our problem is not that people think there are not enough regulations on medical marijuana. Our problem is that most people think the medical cannabis industry is full of shit. So why on God’s green earth would we spend over a million bucks to put forth an initiative that does nothing to actually solve the real problem? That is just silly.
This outspoken activist told me, “Just saying ‘stop taking people to jail for weed’ is a nice slogan, but is not a policy prescription. How do we get there?” He went even further in stating,“You’re always calling for leaders in this goddawful movement who don’t suck, now’s your chance to put out a positive agenda for your vision of victory and the steps necessary to get there instead of doing everything you can to tear down others’ (albeit potentially misguided) attempts at improving the situation.”
So normally this type of passive agressive bullshit would just hit the bottom of my email dust bin quicker than an offer for Viagra; but since I respect this person’s work and views, and I understand his frustrations with the current environment, I let the tone slide and focused on the content. What this person is basically saying is, “It is easy to have a problem, Mickey. What is the solution?”
Well, I am glad you asked….although I have put out a number of possible strategies to victory over time, from one blog to another, maybe it is time to spell out my “positive agenda for cannabis freedom” clearly for all to see in one place. I am glad to take my time to do this, even though I can be sure that most will never be implemented because there are too many people in positions of power who cling to those positions, even if it means that this movement suffers. But here goes:
STEP 1: Consolidate the money and the message
We do not have enough money to continue to spread it thin on a million different organizations with a million different goals and agendas. If we want to compete with the other big business lobbies and interest groups that have political sway in Washington and beyond, we must begin to consolidate our funding and use our resources to formulate one powerful and well-funded message. I think the message is clear….QUIT TAKING PEOPLE TO JAIL FOR WEED. IT IS NOT WORKING. That can be stated in a number of ways, including END CANNABIS PROHIBITION NOW. This is where I see the movement happening in our society.
As long as we are pulling the cart in so many different directions we will continue to make very little progress. We must come to some sort of agreement on a real and meaningful singular policy agenda and begin to put all of our resources towards achieving real cannabis freedom. I am not sure if this would be best served by dismantling the many different policy organizations, and creating one new, centralized, and consolidated organization; or if the different organizations could come together to achieve mutual goals under their current structures. If it were me funding these groups, I would choose a dream team of folks from the different organizations to take up the charge under a new entity that was focused simply on cannabis freedom. How about the Cannabis Freedom Association?
This group could use a much larger funding base to create powerful public education campaigns, develop nationwide activist strategies, and use its resources to influence policy makers. It could be epic.
STEP 2: Let’s stop pretending everybody who likes weed is sick
We can no longer continue to focus so heavily on a medical only agenda, when the social and political forces in our society are having major discussions about ending cannabis prohibition. As I mentioned before, a lot of people feel like the medical situation is bullshit, and we are losing more support daily. This is evident in polling, city council meetings, the media, and in everyday conversations with normal people. The fact is that the current situation of medical cannabis does not meet the norms of “medical” in our community. So while we try to have our cake and eat it too from one High Times “Medical” Cannabis Cup to the next, the truth is that people are just not buying it, and in many cases, the situation is wearing thin on people’s kindness.
People want to support cannabis, but they also know bullshit when they see it. The battle has transcended the medical argument. There just are not a lot of people left on the planet that do not believe cannabis should be allowed as a medicine. Polling shows that. But there are also not a lot of people on the planet that believe our current medical only system is a valid medical industry in any way whatsoever. What people believe is that the current system is pretty much a joke. I know that is hard to hear, but it is the truth. If you cannot bring yourself to realize that then you are just living in denial and not paying much attention to the world around you.
So let’s start by having a little honesty in our lives, and understanding that we can not continue to ask for something different than what we really want and wonder why we are not getting what we want. I do not think anyone in their right mind believes cannabis should only be able to be accessed by the sick and dying. I do not think anyone believes that if cannabis were rescheduled to a Schedule II or Schedule III, for medical use only in conjunction with how we regulate and control other prescription medicines, that there would be nearly the level of access there is now under our gray area system.
So why ever would we want to continue to pretend that everyone who likes weed is sick? It is not working politically or socially for our movement. People continue to roll their eyes at us when we want the protections of the medical sympathy, without actually attempting to even remotely pretend that the industry is medical. You can continue to pretend that your 1000 mg thc brownie is your medicine, or that your fat-ass blunt is medicine, or that your 1 gram glob dab is medicine if you want. Just know that most people are not buying it, no matter how many times you say “medicine” over and over. Grow a sack of nuts…Just tell people, “I like weed. So what?” As long as we are pretending that we do not “like weed” but that we need cannabis to treat our severe medical condition, we are the one’s limiting our outreach and we will continue to see folks roll their eyes at us.
STEP 3: Become more agressive in our approach
Complacency, and a lack of willingness to really put it on the line for absolute cannabis freedom, has been a great opportunity cost for our community. We have the attention of the world right now. Cannabis stories are big news, and media outlets swarm to cover the topic. We could definitely be coordinating more agressive strategies that have more major impact on the global conversation being had about cannabis freedom. While marches and rallys are good, and can be useful tools in expressing our message, they are limited in their actual impact. It would be great to see more risky and high-profile activism that made more lasting and definitive impacts on or world. One event I can think of that had this type of impact for me was when activists climbed the Golden Gate Bridge and hung
“Free Tibet” banners during the Olympic torch passing by in 2008 to protest China’s hosting the games. It was powerful. When you realize that these folks designed and made these huge banners, and got onto the Golden Gate with their climbing gear in a baby stroller to climb the bridge and hang this banner for the world to see, you understood that these folks were truly committed to their message.
I thought David Bronner’s protest at the White House recently, when he locked himself in a prison and processed hemp plants into oil was the type of epic an powerful messaging that we need in this movement. We must begin to use more agressive approaches to really get our message out in an impacting and lasting way. We are so close to pushing this thing over the edge, but we could use some high-profile outreach to continue to pound our message home. We must begin to quit taking people to jail for weed. What kind of major direct actions could we coordinate nationwide to express the absurdity of how many people we take to jail for drugs in this country? Where can we use our resources and willingness to spread this message most effectively to highlight the tyranny and opression of the war on weed? This is where we can continue to raise the bar and move the conversation forward.
STEP 4: Education, education, education
As a movement, we sort of do a poor job of actually educating those outside of the world of cannabis. We rarely see a coordinated campaign aimed at educating normal people on the dangers of continuing cannabis prohibition. We see our opponents air commercial after commercial condemning cannabis as evil and likely to make you run over your neighbor’s kid; but we never see a coordinated nationwide ad buy to offset these messages. We could begin to really move the numbers of support if we could make more people understand the huge burden that taking people to jail for weed has on our society.
People get it when you tell them that “We have 25% of the world’s prison population but only 5% of the actual population because we take poor people to jail for weed at alarming rates.” But how do we get that message to the masses? Where can we use our resources to most impact that message and reach the most people? We need to begin educating the masses through both traditional education and media, as well as non-traditional formats like social media. If we can continue to educate more and more people, the social demand for change becomes to great to ignore. We are currently seeing numbers that favor legalizing cannabis in major polls from Gallup and Rasmussen. We need to build off of these victories and let people know that it is no longer cool to hate on weed and that those who oppose legalizing cannabis are in the minority. Through massive education we can win this war. Unfortunately, splintered messaging and resources have resulted in
lackluster ability to really reach anyone, so it is necessary to spend our resources more wisely if we want to see any real impact in this area.
STEP 5: Pass adult use initiatives if we are going to put our energy and resources into an initiative
If we are going to throw a couple of million bucks at gambling on public support for cannabis, can we do it in the context of “adult use” vs. medical? Like I said, people in California and beyond feel like they have been lied to. They do not believe that medical marijuana is on the up and up, and I do not believe passing an initiative that attempts to EXPAND PROHIBITION by limiting who can use cannabis medicines, who can produce cannabis medicines, and who can register to dispense cannabis medicines is a great idea. Why would we spend our money on passing a law that further limits who can operate in the industry? Talk about stupid. Does anyone believe that if we just had more rules that the Feds would not be interested in medical cannabis? Does anyone truly believe that if we spend our millions of dollars on getting a medical cannabis regulatory initiative that all of the sudden it would be all good? Why would we not put an adult use initiative
on the ballot and use our resources on educating the people of California why this is necessary and why continuing to take people to jail is not working.
I would work to pass the Repeal Cannabis Prohibition Act here in California, though I would change the age limit to 21 to ensure more votes. People understand that the current system of weed being illegal is bullshit and the majority, when presented the facts in the right manner, understand that cannabis being illegal is dangerous for our communities. There are the naysayers who believe that because Prop. 19 failed that we are doomed and that the people will not pass adult use. I disagree. I think we failed in a number of ways during the 19 campaign to express the reality that our current policies are devastating to our society. And since when has something failing once over 4 years ago been a reason to not try again. That is some self-defeating bullshit if I have ever heard it.
The honest truth is that the only way we are going to see truly safe access and cheaper more available cannabis is through adult-use legalization. So quit bullshitting yourself and everyone around you. Let’s put Repeal on the ballot and do the real and difficult work to get it passed. Otherwise we are just going in reverse. I do not do reverse.
So there are some basic first steps we can take to begin a positive agenda for real cannabis freedom. I am pretty sure that the powers at be will continue to stick their heads in the sand and act like there is no problem and that everything is just fine. We all know this is not true, though. We are better than our current situation allows, and if we are serious about being a major force in the war to end cannabis prohibition, we need to begin acting like it. We need to be like the NRA of weed. We can not afford the luxury of being a multi-headed monster. We must begin to focus our message and our actions on what it is we are really fighting for and begin to make the moves it takes to get there. Or, we can continue to fumbledick around for another 40 years and continue to live in fear as outlaws. That choice is ours to make. I am working on this “positive agenda for cannabis freedom” daily, and I hope that some of the big shot policy wonks will join
me. It is time we begin to have an adult conversation about the direction of the cannabis movement/industry, and to begin to take the necessary steps to achieve cannabis freedom.
T-Comp Consulting Director
Author of Medical Marijuana 101
***The views expressed in this communication are not necessarily the views of T-Comp Consulting, Tainted Compassion, Cannabis Warrior any other group I am affiliated with.***
- Mickey Martin <s..[email protected]> Aug 01 09:45AM -0700
What do we want? When do we want it?
Posted by Mickey Martin on August 1st, 2012
It never ceases to amaze me. How is it that such a simple and wonderful thing as a cannabis plant has turned into such a controversial and magnified issue? Why are we still even having this discussion, and why are we still taking people to jail for weed, for Christ’s sake?
This movement has a lot of different thoughts and ideas on cannabis reform, classification, understanding, and desires to return it to our society. But can we be over-thinking the whole thing? Have we, in our attempt to rationalize and justify our existence, made the conversation much more complex than it really needs to be? I think we have. We have sacrificed clarity and understanding for strategies that, at times, seem more like we are throwing anything and everything at the wall to see what sticks. But in doing this, we have veered off course from our real message.
What do we want? To be left the fuck alone for using, growing, and distributing weed. Why? Because cannabis prohibition is the stupidest thing mankind has ever done and it has failed miserably.
I do not think we have the luxury of continuing to split hairs with prohibitionists. Too often we frame our argument as a response to some lie or messaging from our opposition. We fight the battle on their terms. We make it more complex by trying to refute every stupid claim made by some wingnut asshole. When will we just realize those people are fucking crazy and just publicly admonish them for their craziness? We do not have to make these stupid arguments any longer. We are better than this.
We want cannabis freedom and we want it now. We do not want limited cannabis freedom. We do not want to have to see a doctor to use weed. We do not want to continue to pay a lot for our weed. We do not want weed to be just decriminalized. We do not want our cannabis to be only grown and distributed by a limited amount of people for a limited amount of people. We do not believe weed is dangerous and that it should have serious restrictions as if it were.
We just want to be treated like every other person on this planet who can walk into a liquor store and buy enough booze to shut down their liver at will, or like any person who drinks ten cups of coffee a day to make themselves “regular.” We just want weed to be legal….like really legal. Like “quit pulling me over and searching my car because I smell funny” legal. Like “big fucking deal I have 10 weed plants in my back yard” legal. Like “I will take a gallon of milk, a loaf of bread, a six pack of beer for the wife, and a half ounce of kind buds for myself” legal. Like “let all my friends out of jail because weed prohibition was stupid” legal. Does that make sense?
So slow down all the cerebral cannabi-nerd “here are the scientific facts” blah blah blah bullshit, and get back to basics. Chances are if you are reading this blog, you too just want weed to be legal. So start saying that. Repeat after me…
“I am a good person who likes weed and I do not deserve to be a criminal.”
If everyone who likes weed, or knows a good person who likes weed, just simply spoke up and expressed their desire to end the madness of cannabis prohibition, we could end this thing tomorrow. But as long as we are confusing our message with some justification and response to crazy people who think taking people to jail for weed is working, we are losing the battle. In fact, we are not even fighting the battle. We are distracted.
The message is easy…end cannabis prohibition. It is not working.
The rest is all just window dressing and not a productive use of or time. So the next time some crazy prohibitionist asshole starts babbling off about the “gateway theory” again, you just look him in the eye, and instead of attempting to meet him on his ground and explain rationally why cannabis is not a gateway drug, just tell him “You are fucking crazy. Cannabis is safe, enjoyable, and helpful. I like weed and I am not a criminal.” Quit humoring these fucks with a response. They are just fucking crazy and it is okay to begin telling these people just how fucking crazy they really are.
What do we want? WEEED. When do we want it? EVERY DAY.
T-Comp Consulting Director
Author of Medical Marijuana 101
***The views expressed in this communication are not necessarily the views of T-Comp Consulting, Tainted Compassion, Cannabis Warrior any other group I am affiliated with.***
- David Malmo-Levine <s..[email protected]> Jul 30 01:08PM -0700
"In the early 90's I started IDPD (International Drug Policy Day) which
predated Dana Beals "Global Marijuana March by about 8 years."
It's only international if other countries participate. Where is the
documentation on this? When I went to Google all I could find was you
mentioning it – no proof it actually ever happened anywhere other than in
your announcements. When I went to Google image the first image associated
with it was a rally in Vancouver.
At least Dana got other countries to participate. I suspect that the IDPD
was another one of your "all talk no action" ideas.
- David Malmo-Levine <s..[email protected]> Jul 31 05:21PM -0700
I agree with the premise that pharmaceutical companies are in competition
with med pot producers and retailers.
I agree with you about Prop 19 and AB2312. They are monopolistic and a
threat to 215 rights.
I agree with you that GM cannabis is likely to be a threat in the future
and there is evidence that it is in the works.
I disagree with you that 1) RMLW could possibly result in a monopoly, 2)
that MERP is in any way likely to get the funding to be put on the ballot
for 2014 as it has not come close to doing this in the dozen or so years it
has been around, 3) that Dr. Grinspoon is in any way a shill for big
pharma, 4) that 215 in any way is an effective shield against prosecution
from the Feds (or even local governments like Los Angeles), 5) that the
fate of cannabis users with doctor's notes is not tied to those without
doctor's notes or 6) that there exists any concrete evidence of the
existence of GM cannabis.
Please stop trying to pretend I disagree with you about everything, in
order to avoid the discussion about the things we actually disagree upon,
and to paint me as irrational and/or to lump me together with the pro-prop
19 crowd. Your greasy debating tricks are why so many people hate you so
much, so you would do well to simply quote me and respond to what I
actually say than to continue to put words in my mouth and argue against a
straw man. It's really getting boring.
- Dave Hodges <s..[email protected]> Jul 31 05:09PM -0700
SUBJECT: MEDICAL MARIJUANA ENFORCEMENT UPDATE
The purpose of this memorandum is to provide the Council with a quarterly
update on the City’s enforcement efforts as they pertain to medical
marijuana establishments operating in San Jose. Per Council direction, the
Administration continues to take enforcement action against any medical
marijuana establishments operating in San Jose according to the priorities
set by the Council. Those priorities include focusing on Medical Marijuana
Collectives, Cooperatives, Dispensaries and Delivery’ Service businesses
(hereafter, Collective(s)) that create a public nuisance, fail to pay the
Marijuana Business Tax (MBT) (*1) and fail to comply with State law
(*1) Regardless of their legal status, all Collectives operating in San
Jose are required to pay the City’s MBT pursuant to Chapter 4.66 of the San
Jose Municipal Code. *Payment of these taxes in no way legalizes business
activities that are otherwise unlawful in the City.*
Public Nuisance Activities:
Since the Administration last provided an update to Council on April 20,
2012, the City has received three new complaints regarding three separate
Collectives. The first case involves a Collective that was in violation of
the City’s Sign Ordinance. The City’s Code Enforcement Division (Code) sent
a Warning Letter to the Collective for violation of the sign code and the
Collective subsequently removed the illegal signage. The second case
involves a Collective that turned its parking lot into a marijuana
grow-facility, in violation of the City’s Zoning and Building Ordinances.
Once the violation was confirmed, Code notified the owner of the Collective
that he had 24 hours to remove the marijuana grow facility and the owner
Subsequently complied. The third case involves a Collective that was
allegedly engaging in public nuisance activity. Code is in the process of
inspecting this facility.
On April 20, 2012, the Administration reported that four new public
nuisance cases had been opened. After further investigation, it was
determined that there were actually three new public nuisance cases at that
time. The cases included complaints of building code violations, fire code
violations, zoning code violations and public nuisance activities.
In two instances, the property owners and tenants were each served with a
Warning Letter and Compliance Order warning that administrative action,
including fines and penalties, would result if the property owners and
tenants did not cease the illegal activity. In one of those two cases, the
Collective advised the City it would be closing its doors by June 1, 2012.
Since we last reported to the Council, the Collective has vacated the
For the second case Code performed an inspection of the premises and
discovered several violations of the Code. A compliance order was sent to
both the property owner and the tenant detailing Building, Zoning and Sign
Ordinance violations. To date, the property owner and tenant have not
complied, Code will be taking the next step in the administrative process
in an effort to achieve compliance.
The third case involved a Collective which had complaints lodged against it
for public nuisance activities such as loitering, smell of smoke and
illegal transactions. Code inspected the facility and did not find any
violations. The City Attorney’s Office did some follow up work also and
learned of additional information which has become the subject of further
investigation by the investigators in Code and the City Attorney’s Office.
Code has also since made contact with the complainants, and learned that
they are also pursuing action through the building’s Ownership Group.
State Law – 600 Foot Distance From Schools
As reported on April 20, 2012, there were three Collectives operating as
Delivery Services in San Josd that had, as their principal place of
business, a business location that was in violation of State law distance
requirements. After inspection and contact by Code, two of the three
Collectives closed. With regard to the third Collective, Code was unable to
verify that the reported address was in violation of the State distance
requirements. Marijuana Business Tax
Pursuant to Council direction, the Finance Department (Finance) will
provide a comprehensive update regarding Marijuana Business’Tax (MBT)
collections in its next quarterly financial report; due to the Public
Safety, Finance and Strategic Support (PSFSS) Committee in August 2012.
For recently released information regarding MBT collections, please refer
to Finance’s Bimonthly Financial Report presented to the PSFSS Committee on
June 21, 2012. A copy of the report can be found at: bhttp://
Additionally, a more comprehensive analysis was included in Finance’s Third
Quarter Financial Report presented to the PSFSS Committee on May 17, 2012.
A copy of the report can be found at:
ANGELIQUE GAETA Assistant to the City Manager -For questions please contact
Laurel Prevetti, Assistant Director, Planning, Building and Code
Enforcement, at (408) 535-7901.
- "martinvictor" <s..[email protected]> Jul 31 01:17PM -0700
A tentative opinion issued by the 4th District Court of Appeal's Division 2
this month backs Temecula's ban on medical marijuana storefront operations.
The ban is being challenged by <http://www.a420coop.com/> Cooperative
Patients' Services, a medical marijuana organization that has argued the
city's blanket prohibition violates the state law allowing members of a
collective to share medical marijuana among themselves.
The next step for the group, whose office near the Department of Motor
Vehicles in Temecula was
d08fe94.html> raided earlier this year by federal officials, is to make oral
arguments in early September. That hearing will give attorneys for both
sides a chance to lobby the court's panel of three justices, which will then
issue a final ruling a few weeks later.
Whatever the final ruling entails, the matter is not expected to be settled
until the state Supreme Court rules on similar cases involving bans on
dispensaries by a city's zoning rules, or until legislation
9d2.html> clarifies the situation by having the state regulate medical
Right now, the rules for when and how a medical marijuana operation can set
up vary by city and county; those rules are in flux, as evidenced by a
recent vote by the Los Angeles City Council.
pproved-by-council_n_1698671.html> this month issued a ban on dispensaries
in a city with more than 700 registered operations and hundreds of
unregistered facilities. During the same meeting, it issued a call to draft
rules that would allow about 180 "law-abiding" operations to stay open.
Terry Wilson, director of Cooperative Patients' Services, said he was
shocked by the court's tentative opinion and the actions of the Los Angeles
council, which could end up sparking hundreds of lawsuits if the city tries
to enforce its ban.
"They're not taking into consideration the
Lake Forest case or the Los Angeles County case. … It's like they
photocopied their decision with Inland Empire Health," Wilson said, talking
about the tentative opinion.
In the Lake Forest case, the 4th District appeals court's Division 3 ruled
that cities could not ban operations that grew medical marijuana on-site.
In the Los Angeles County case, the 2nd District appeals court ruled earlier
this month that bans were
.php> not allowed by state law.
In the Inland Empire Health decision, the 4th District appeals court's
Division 2 ruled that state law does not prevent cities from adopting zoning
ordinances that ban marijuana operations.
Wilson said that ruling, if eventually backed by the Supreme Court, would
create some areas in the state where people would have legal access to
medical marijuana and other areas where they would not.
"It boggles my mind. If you live up north you can have access, but if you
live in Southern California, no, you cannot," Wilson said.
Attorneys for Temecula have argued that the city's rules are
straightforward: Cooperative Patients' Services was operating a "marijuana
business" in violation of the city's zoning ordinances.
According to the filing, the group was given clear notice of Temecula's
zoning ordinances and was informed it had no permission to operate in the
city before it opened its doors.
"Furthermore, it is well settled that CPS' multiple violations of the city's
municipal code constitute a public nuisance," the filing states.
The organization has disputed the city's findings, contending in court
paperwork that the city has acted in a "brazen and illegal manner" by
attempting to thwart the will of the state Legislature.
Grant Yates, city community relations director, said Monday that Temecula
does not comment on tentative opinions.
In the opinion, the appeals court said there is nothing in state law that
provides individuals with "inalienable rights to establish, operate or use
medical marijuana dispensaries."
It also covers how cities and counties can regulate dispensaries, saying
that they are subject to local zoning and business licensing laws.
"The Compassionate Use Act or Medical Marijuana Program Act do not expressly
mandate that medical marijuana dispensaries shall be permitted within every
city and county, nor do the CUA and MMPA prohibit cities and counties from
banning medical marijuana dispensaries," the tentative opinion says.
At the start of the opinion, the court explained in a footnote that the term
"medical marijuana dispensaries" is used broadly to include cooperatives,
collectives and dispensaries, despite any technical differences that may
exist among them.
CPS officials have long argued that their operation was not a dispensary,
which sells to anyone with a medical marijuana card, but rather a
collective, giving members a chance to exchange medical marijuana or
contribute member fees toward cultivation by other members.
Call staff writer <mailto:s..[email protected]> Aaron Claverie at
(phone#-removed), ext. 2624. Like The Californian's
all> Temecula Facebook page and follow The Californian's Temecula Twitter
feed <http://twitter.com/#%21/Temecula_CAL> @Temecula_CAL to get breaking
local news and top stories of the day.
- Tim Perkins <s..[email protected]> Jul 31 07:44AM -0700
David, Letitia, Bruce, Don,
Stop this! You all have important data to add, and you are all missing
some. I wish I could sit you all down and broaden your perspectives a
bit but, after over twenty years and many deaths, I am through trying to
be diplomatic about the extremely obvious things that are routinely
dismissed and/or deliberately overlooked due to chosen biases. If you
can't find common ground to fight on, get out of the fight, for you are
holding up the majority with your incessant bickering over largely
personal differences of opinion, not facts.
I am no noob, or willfully ignorant so called activist. I am a
recovering journalist, who has worked closely with all your cannabis
"gurus". I have records, so I can safely say, I'm not impressed. I'm one
of you, so if you can't get together and make a better impression,
you've lost the war before the next battle has begun.
Denial of certain facts does not make them irrelevant, neither does
denial of certain people.
- "Axis of Love SF, Shona Gochenaur" <s..[email protected]> Jul 31 02:50AM -0700
Axis will be protest @ obama event. Care to join us?! Bring your caravan
.this might be a good timing to make some impact on closures to pres.obama
Please join us for a special Reception to celebrate President Obama's 51st
Birthday this Wednesday, August 1st in San Francisco from 6:00 – 8:30
p.m.We only have
98 days left before Election Day and President Barack Obama needs our support
more than ever. We have a tremendous program scheduled and we would be so
delighted and honored if you would consider attending. Please find the
invitation attached and please feel free to RSVP using the link below.
8-1-2012 OVT San Francisco Reception
Thank you so much, in advance, and I look forward to seeing you there!
Should you like to be removed from this email distribution, please feel
free, at your convenience, to click "unsubscribe" (at the bottom of this
page), and I would be delighted to accommodate your request immediately.
Have a radiant week!
[image: obama biden logo]
*The Obama Victory Fund*
Shefali Razdan Duggal
Chanee Franklin Minor
Jaime A. Williams
*Invite you to join*
Mayor Kevin Johnson
Mayor Ed Lee
Attorney General Kamala Harris
The HonorableWillie L. Brown, Jr.
Assembly Member Jerry Hill
Vice Mayor Anu Natarajan
Council Member David Lim
California Political Director Peggy Moore
congressman Mike Honda
Former Representative Raj Goyle
Former DeputyTreasurer Raja Krishnamoorthi
Commissioner Jason Hodge
Speaker Pro Tempore Fiona Ma
Vice Mayor Suja Lowenthal
District Attorney George Gascon
Supervisor David Chiu
Supervisor Malia Cohen
Council member Ash Kalra
Former Candidate Ashwin Madia
The Honorable Teresa Cox
Former Deputy Assistant Ro Khanna
Former Deputy Advocate Reshma Saujani
Majority Leader Kumar Barve
Council Member Nimish Patel
*For a Reception at*
The University Club
800 Powell St
San Francisco, California
Wednesday, August 1st
6:00 in the evening
please contact Erik Stowe with questions at s..[email protected]
or RSVP online at
Paid for by Obama Victory Fund 2012, a joint fundraising committee
authorized by Obama for America, the Democratic National Committee, and the
State Democratic Parties in the following states: CO, FL, IA, NV, NH, NC,
OH, PA, VA, and WI.
My Warmest Wishes,
Shefali Razdan Duggal
National Finance Committee, Obama for America
Co-Chair, Obama Victory Trustees
2012 Convention National Credentials Committee, Democratic National
email: s..[email protected]
to experience authentic joy to the heart & soul:
"Look to this day for it is life. In its brief course lie all the realities
and truths of existence. The joy of growth, the glory of action, the
splendor of beauty…today well-lived makes every yesterday a memory of
happiness and every tomorrow a vision of hope. Look well, therefore, to
-Ancient Sanskrit proverb
[image: Barack Obama 2012]
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