Prop 19 - A victory

Over 3 million Californians, nearly half the voters, voted to legalize recreational use of marijuana.

We can unbelievably close but more importantly, marijuana politics is in the mainstream across the country.

Now we begin legalize 2012 - the fight never ends.

Vote Today

Yes on 19!
End the expensive futile prohibition.

Possession of under oz Marijuana Reduced to an Infraction

SB1449 has been signed by the governor. Possession of marijuana (under an ounce) is no longer a criminal offense.




11357(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of an infraction punishable by a fine of not more than one
hundred dollars ($100).



From California Governor Arnold Schwarzenegger, on September 30, 2010.To the Members of the California State Senate:

I am signing Senate Bill 1449.

This bill changes the crime of possession of less than an ounce of marijuana from a misdemeanor punishable only by a $100 fine to an infraction punishable by a $100 fine. Under existing law, jail time cannot be imposed, probation cannot be ordered, nor can the base fine exceed $100 for someone convicted of this crime.

I am opposed to decriminalizing the possession and recreational use of marijuana and oppose Proposition 19, which is on the November ballot.

Unfortunately, Proposition 19 is a deeply flawed measure that, if passed, will adversely impact California’s businesses without bringing in the tax revenues to the state promised by its proponents.

Notwithstanding my opposition to Proposition 19, however, I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name. The only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney.

In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.

As noted by the Judicial Council in its support of this measure, the appointment of counsel and the availability of a jury trial should be reserved for defendants who are facing loss of life, liberty, or property greater than $100.

For these reasons, I am signing this bill.

Sincerely, Arnold Schwarzenegger

Medical Marijuana Defense Motion to Dismiss Denied

In Calaveras County, Judge John Martin has denied a motion to dismiss by defense attorney's for medical marijuana patient and collective operator, Jay Smith. Jay Smith was arrested by the Calaveras County Sheriff's Department when undercover deputies used a legitimate patients medical marijuana recommendation to join the collective and purchase marijuana. Smith faces felony charges of Sale of Marijuana,

The motion cited extensive case law, critical examination of the preliminary hearing testimony of Deputies Avila and Hoffman, attorney general guidelines, police reports, and of the hearing itself.

In denying the motion, Judge Martin did not address the medical marijuana defense or any other argument preferred by the defense.

The ruling denying the motion is short and to the point stating:

In ruling on a motion to set aside the information, the reviewing court may not substitute it's judgment for that of the magistrate, and if there is some evidence to support the information, the reviewing court will not inquire into it's sufficiency. Rideout v Superior Court (1967( 67 Cal.2d 471, 474

The evidence at the preliminary hearing need only support a reasonable inference of guilt, and such inference need not be the only inference the court could draw, or even the more probable one.

The court finds there is some evidence to support the information. The motion to set aside the information is denied.

A ruling such as this can be viewed as potentially side stepping the issue and sending it to the trial or appeals process (presuming the defense will appeal).

Letter to the Editor: YesOn19.com

On behalf of the campaign, I'm proud to announce the launch of our new website at YesOn19.com! I hope you'll take a moment to check it out -- and then forward this email to five friends, encouraging them to check out the site too.

It's our goal to make the new website a great resource for you to learn more about the campaign and get involved. That's why our homepage centers around the three main reasons to support the initiative, and makes it easy to take action -- whether that's signing up to volunteer, making a contribution, or (as you've already done!) getting email updates from the campaign.

Besides highlighting these important actions with a fresh new design, we've added a lot of engaging content to the site, including:

• A "Voices" page that captures the main reasons you should support Prop 19
• Access to our brand new RSS feed that will allow you to stay up to date on all the breaking news from the campaign -- just click the orange RSS icon at the top-right of the page
• The latest news, videos, endorsements, and more

So what are you waiting for? Head over to the new YesOn19.com and check it out.

Thanks again for all your support. We hope you like the new site!

Sincerely,

Jeff Jones
Proponent, Yes on 19

Jay Smith's Motion Denied

*BREAKING NEWS*
On Friday, August 20, 2010 before the Hon. John Martin in Calaveras Superior Court, a motion to set aside the charges filed by Jay Smith's attorney Ean Vizzi was heard. An exhaustive brief was filed prior to the hearing on behalf of the defense.

Jay Smith, a medical marijuana patient and operator of a medical collective was arrested Jan. 4 in the Valley Oaks Center parking lot in Valley Springs on felony charges of sales, cultivation and possession of marijuana for sale.

We have received word that the motion to set aside the indictment was denied on Aug 24, 2010.

We are awaiting confirmation, more details, and a copy of the ruling.

More on this story can be found following the links here:
http://calaverascannabis.co.cc/html/calaveras.shtml#Local%20News%20Archive
http://www.calaverasenterprise.com/articles/2010/04/13/top_story/top01_marijuana.txt

The Polling Disparity and other News Blunts July 29

The Broadus Effect:
LA Weekly

Of six polls released so far on Prop 19, the November ballot initiative that would legalize marijuana for adults 21 and older, three have the yeas winning easily, while three have it losing narrowly.

What gives? As usual, if you have a polling conundrum, Nate Silver is your man. And in this case, his hypothesis is fascinating.

Silver is the stat whiz who first created a formula for predicting -- with astounding accuracy -- the performance of baseball players. Then, under the pseudonym Poblano, he began analyzing polls to forecast the many outcomes of the long Democratic presidential primary campaign. Then he set up shop as fivethirtyeight.com, which has since been bought by The New York Times. He predicted with uncanny accuracy the 2008 election.

Anyway, Silver notes that three polls in which Prop 19 is winning are "robopolls," meaning they're automated -- you push a number on your phone to respond. In the three where Prop 19 is losing, the pollsters are actual humans asking the respondents questions.

Silver notices something else: Huge spreads in the numbers among African-Americans.

In the robopolls, blacks favor Prop 19 by 28 points or more. In the only human poll where they break out demographics, African-Americans are opposed by 12. There are large disparities among Latino voters, too.

The hypothesis: The automated polls give the respondent a more secure feeling of anonymity and no social stigma, so he feels free to voice his true opinion. (Silver also notes that it's possible the automated polls are having trouble getting a representative sample of African-Americans because they have a lower response rate to robopolls.)

But if indeed black voters are more honest with the robopolls, it would amount to a mirror of the Bradley effect.

More at LA Weekly>>

Federal Inconsistency shouldn't stop the legalization of marijuana
LA Times

The law is the law. If we unquestioningly accepted that maxim, imagine where we would be today. Jim Crow would be alive and well, rivers and skies would be polluted, and women wouldn't be allowed to vote.

Yet such is the mindset of many of those who criticize Proposition 19, the marijuana regulation and taxation initiative on the November ballot. In his July 18 Times Op-Ed article, UCLA public policy professor Mark A.R. Kleiman declares that state legalization "can't be done." He points out, correctly, that if the initiative is successful, the federal marijuana prohibition laws will remain in place. What he assumes, incorrectly, is that federal agents will swarm into California, busting farmers and arresting distributors and shopkeepers, to say nothing of the garden stores that sell them equipment and supplies, the accountants who do their books and the municipal tax officials who delight in assessing and collecting the new tax revenues.

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Kleiman might well have uttered, "The law is the law."

But the law is neither absolute nor infallible, and that's why Californians can — and should — legalize, regulate and tax marijuana-related commerce.

The federal-state dynamic concerning marijuana is not complicated. Under our system of federalism, both the states and the feds may prohibit commerce in marijuana, but neither is required to do so. Similarly, during alcohol prohibition (1920-33), commerce in alcoholic beverages was prohibited not only by federal law (the Volstead Act) but by the laws of most states. In 1923, New York repealed its state prohibition laws, leaving enforcement, for the remaining 10 years, entirely to the feds. California voters overwhelmingly did the same thing in 1932, one year before national prohibition was repealed.

Let's think this through. If Proposition 19 passes, two important balls roll into the feds' court. The first is that the sole responsibility and expense of enforcing marijuana prohibition will be shifted to them. After Nov. 2, marijuana "offenders" could be arrested only by federal agents, prosecuted only under federal law, and sentenced only to federal detention.

More at LA Times >>

Prop 19: The Battle of the Polls

News Blunts - 7-27

Medical Marijuana Legal in Washington D.C.
Washington Post

Medical marijuana is now legal in the District after the Democrat-controlled Congress declined to overrule a D.C Council bill that allows the city to set up as many as eight dispensaries where chronically ill patients can purchase the drug.

Former San Jose Chief of Police: Legalize Pot
SF Chronicle

California voters have a chance on this November's ballot to bring common sense to law enforcement by legalizing marijuana for adults. As San Jose's retired chief of police and a cop with 35 years experience on the front lines in the war on marijuana, I'm voting yes.

I've seen the prohibition's terrible impact at close range.

Like an increasing number of law enforcers, I have learned that most bad things about marijuana - especially the violence made inevitable by an obscenely profitable black market - are caused by the prohibition, not by the plant.

Del. Eleanor Holmes Norton (D) said in a statement the bill become law after Congress finished its business Monday night because neither the House nor Senate opted to intervene.

The council approved the bill in May, and under Home Rule Congress had 30 legislative days to review it.

Sutter Creek looks to impose moratorium
Ledger Dispatch

The Sutter Creek City Council has asked its attorney to draft a new ordinance to repeal and replace the current ordinance allowing medical marijuana dispensaries within city limits.
After the approval of the agenda and a public comment session, councilwoman Linda Rianda told the council a use permit application recently turned into the city by someone intending to open a dispensary on Sutter Hill had caused her to become concerned.

Pot Grows targeted in Sweep
Stockton Record
A team of state and local law enforcement officers eradicated 21,760 marijuana plants from clandestine growing sites on private property in Sheep Ranch and Calaveritas in Calaveras County last week, the Calaveras County Sheriff’s Department announced.

Participating officers came from the Calaveras Narcotics Enforcement Unit, the California Department of Justice, the Alpine County Narcotics Team and the California Department of Fish and Game. The seized immature plants weighed 2,400 pounds. The team also seized 15 pounds of processed marijuana.

Note: No arrests were made. No arrests have been made in the Mokelumne Hill burglary murder either.

San Jose Looks to Tax Medical Marijuana
San Jose Mercury

San Jose city officials are recommending a ballot measure that would create a tax on pot, drawing opposition from medical marijuana proponents.

The ten percent medical marijuana tax, if approved, would give San Jose the highest medical cannabis tax in the state. Proponents say this would put an undue burden on patients.

Yes on Prop 19 Winning 52%-36%; Majority Supports Legalizing Marijuana

Proposition 19, which would legalize, tax and regulate marijuana for adults over 21 years old, is currently winning by a wide margin among California voters according to a new PPP poll. The measure is supported by 52% of voters while opposed by only 36%.

Prop 19 PPP
Support 52%
Oppose 36%

This is the largest margin of support we have seen from recent polling on Prop 19. Interestingly, the poll found support among African Americans to be extremely high. From PPP blog:

Democrats are more likely to throw their support behind the prop than Republicans. 62% of Democrats, 37% of Republicans and 55% of Independents support Prop 19.

African-Americans are the strongest supporters of Prop 19; 68:32, followed by Whites who support it 53:37.

Those are surprisingly high numbers among African Americans. A SurveyUSA poll from earlier this month had African Americans on average about as likely to support Prop 19 as whites. Significantly, a small percentage of African Americans said they were certain to oppose it.

Jay Smith Case Set to be continued

Jay Smith, the collective owner facing felony distribution and cultivation charges in Calaveras County in what Access for Safe Americans called "Identity Theft to Entrap Medical Marijuana Provider" is facing more delay in his court case.

Ian Vizzi, Jay Smith's attorney filed a brilliant motion to set aside the felony indictment that obviously caused the DA pause. Highlighting established and clear state law, case law, and the attorney general guidelines, Vizzi held class and the Calaveras County District Attorney was the student.

DA Seth Mathews responded with a request to continue, highlighting his need to further study the issues presented by Smith's attorney. Vizzi has agreed to the continuance. It is expected that the case will be continued into late August, early September. More details as they become available.

VA Changes Rules, Allows Medical Marijuana Use

The Department of Veterans Affairs will formally allow patients treated at its hospitals and clinics to use medical marijuana in states where it is legal, a policy clarification that veterans have sought for several years.

A department directive, expected to take effect next week, resolves the conflict in veterans facilities between federal law, which outlaws marijuana, and the 14 states that allow medicinal use of the drug, effectively deferring to the states.

The policy will not permit department doctors to prescribe marijuana. But it will address the concern of many patients who use the drug that they could lose access to their prescription pain medication if caught.

Under department rules, veterans can be denied pain medications if they are found to be using illegal drugs. Until now, the department had no written exception for medical marijuana.

This has led many patients to distrust their doctors, veterans say. With doctors and patients pressing the veterans department for formal guidance, agency officials began drafting a policy last fall.

“When states start legalizing marijuana we are put in a bit of a unique position because as a federal agency, we are beholden to federal law,” said Dr. Robert Jesse, the principal deputy under secretary for health in the veterans department.

At the same time, Dr. Jesse said, “We didn’t want patients who were legally using marijuana to be administratively denied access to pain management programs.”

The new, written policy applies only to veterans using medical marijuana in states where it is legal. Doctors may still modify a veteran’s treatment plan if the veteran is using marijuana, or decide not to prescribe pain medicine altogether if there is a risk of a drug interaction. But that decision will be made on a case-by-case basis, not as blanket policy, Dr. Jesse said.

More at NY Times>>

Oakland Legalizes Large Scale Medical Marijuana Farms

OAKLAND, California (Reuters) – The city of Oakland, California on Tuesday legalized large-scale marijuana cultivation for medical use and will issue up to four permits for "industrial" cultivation starting next year.

The move by the San Francisco Bay Area city aims to bring medical marijuana cultivation into the open and allow the city to profit by taxing those who grow it.

The resolution passed the city council easily after a nearly four-hour debate that pitted small-scale "garden" growers against advocates of a bigger, industrial system that would become a "Silicon Valley" of pot.

"This is going to grow as an industry. And someone is going to have a high-tech producer," Council Member Jean Quan said during the debate.

Oakland already taxes sales of medical marijuana, but cultivation has existed in a legal gray area. Council members plan later action to levy new taxes on growers.

The city's decision is separate from a statewide ballot initiative to legalize marijuana for adult recreational use which Californians will vote on in November.

More>>

News Blunts for July 19

State precedent to be set in Anaheim Appeal Case

A three-year-long case against Anaheim by Qualified Patients Association could come to an end by Monday, setting a precedent by which judges may follow in future cases in the state.

Qualified Patients, an Anaheim-based medical marijuana dispensary sued the city in 2007, when the city was attempting to implement an ordinance banning all medical marijuana dispensaries.

After Qualified Patients filed its lawsuit, the city was granted a demur, terminating the lawsuit. Qualified Patients appealed the decision in the Court of Appeals in Santa Ana.

The case was argued in the Court of Appeals in September and a ruling would have come 90 days later, but the court required further time to look over the case. A ruling is expected by Monday, which will be 90 days after the continuance.

"If the appellate court strikes down the Anaheim ordinance it will create a whole new playing field. It will change the medical marijuana landscape," said Anthony Curiale, the lawyer representing Qualified Patients in Anaheim.

Should Anaheim prevail, Curiale believes it will void the state's compassionate use act, which was approved by voters in 1996 to de-criminalize the use of marijuana for medicinal purposes.

"That essentially means cities regardless of what state law says, will be able to completely ban medical marijuana in their cities," he said.

State law permits the operation of medical marijuana collectives and cooperatives, which are required to follow a set of guidelines by the Attorney General's Office.

The use of medical marijuana is still prohibited under federal law, and some cities chose to side with the feds by banning dispensaries.

The outcome of the case could determine if the state's law could pre-empt all cities' bans on medical marijuana dispensaries, said Moses Johnson, Anaheim city attorney.

"It could be far reaching, but we're not going to know until we see it. It's a very complicated issue," Johnson said. The Court of Appeal had it for a long time and everybody's just anxiously awaiting for a ruling."

Several members shared their personal stories and expressed their concerns over the possibly of their clubs being shut down.

Complete Upland Story at Contra Costa Times >>

California Democrats neutral on Proposition 19
The Associated Press

SAN FRANCISCO—Executive Board members of the California Democratic Party on Sunday took a neutral stance on a ballot measure that would legalize and tax marijuana in the state.

Proposition 19, if approved by California voters in November, would allow adults to cultivate marijuana and enable local governments to regulate and tax sales of the plant to raise revenue.

Complete Story at SJ Merc >>

Joey's Journey: Medical Marijuana Saves 10 Year Old Child's Life

Knocking on deaths door, 10 year old Joey Perez was slowly dying. The potpourri of prescription medications he’d consumed since the age of 5 were damaging his body beyond repair. The side effects were literally killing him. Doctors had no answers, or any safe alternatives. Their only suggestion was the combination of a few more meds, and to experiment with what happened next. Mieko, Joeys mother, knew his body was weak and shutting down. She knew his fragile body could not handle the addition of any more toxic medicines. Luckily for Joey, her experience as a legal researcher gave her the tools she needed to start her and Joey on this journey. A healing journey with an effective treatment - Medical Marijuana.

Joey was diagnosed with Autism at 18 months old. His mother, Mieko has been fighting that battle ever since. Her life is not consumed with why Joey has Autism, she now focuses on what she can do to effectively treat her sons condition.

Mieko was taking the advice of her doctors, and experimenting with a slew of different prescriptions for her severely autistic son. At one time, Joey was taking 6 different medications - up to 3 times a day. As a result of the side effects, Joey became malnourished and was diagnosed with Anorexia. Every day, his condition got worse. He was deteriorating in front of his mothers eyes. Joey clearly showed all the signs that he was starving. Besides being under weight and malnourished, Joeys eyes were sunk in and you could easily see all the bones in his chest. He was refusing to eat. Even the costume of a buff super hero could not disguise the starved body underneath. All of Joeys family and friends were helplessly watching him die.

Then Mieko received the most dreaded news a parent could ever hear. Joeys medical prognosis at that time was high probability of death within 6 months. She and her husband Eric were devastated. With the thought of him dying, she clung on to him tightly, and prayed for a breakthrough. Joey needed a miracle to occur.

Mieko believes through a divine intervention she found the research of Dr. Bernard Rimland, founder of the Autism Research Institute.

Complete Story >>

Union Support Grows for Prop 19

The council that oversees the political work of the United Food and Commercial Workers Union endorses Proposition 19 on the November ballot, giving proponents a significant campaign boost.

Proponents of the marijuana legalization initiative on the November ballot won the endorsement Wednesday of the council that oversees the political work of the United Food and Commercial Workers Union in California, as well as one of the union's major locals, giving proponents a significant boost to their campaign.

They also had hoped to win the endorsement of the California Labor Federation, which met this week in San Diego, but decided not to press for a vote and settled instead on persuading the powerful organization to remain neutral — which it did.

"Obviously, I would have liked to have had a full endorsement," said Dan Rush, who oversees special operations for the United Food and Commercial Workers Union, Local 5, and has pushed efforts to gain union support for the measure. But he noted that the neutral stance means the 1,200 member unions are now free to endorse the initiative, and contribute money and campaign volunteers.

"I'm expecting to garner the endorsements of most of the major unions in California over the next several weeks," Rush said.

More at LA Times>>

San Jose Mercury News Editorial: Vote Yes on Prop 19

Opinion: Decriminalize marijuana: It's far less harmful than alcohol

By Larry A. Bedard, MD
Special to the Mercury News


The California Medical Association in October declared the criminalization of marijuana to be a failed public health policy. Its assessment is appropriate.

Marijuana prohibition is a classic case of the so-called cure (criminalization) being worse than the disease (the private recreational use of marijuana).

Consider the questionable efficacy of our present policy. Forty-three percent of Americans over the age of 12 admit to having used marijuana, and nearly one in 10 Californians use it now. At an estimated $15 billion, marijuana is California's largest cash crop.

Now let's consider the costs of prohibition. In the Golden State, taxpayers spend $300 million annually to arrest and prosecute 60,000 people — largely Latinos and African-Americans — for possessing minor, recreational amounts of marijuana. Prohibition is also empowering drug cartels, particularly criminal enterprises in Mexico, which now reap between 60 percent and 70 percent of their total revenue from the exportation of marijuana to America and threaten to turn Mexico into a "narco" state.

So what's the alternative? In my opinion, it is the passage of Proposition 19, which would legalize, regulate and tax the adult possession, use, production and distribution of marijuana in a manner similar to alcohol.

I do not come to this position cavalierly. I am a board-certified, career emergency physician who witnesses the adverse health effects of licit and illicit drugs daily. Yet the recent RAND report on the financial impact of Proposition 19 reaffirmed my belief that the legalization and regulation of marijuana would make our communities safer and more just.

According to RAND, fewer than 200 total patients were admitted to California hospitals in 2008 for "marijuana abuse or dependence." This relatively low number did not surprise me. In my 35-plus years as an emergency physician in busy ERs in Northern California, I have never needed to admit a patient due to an adverse reaction or medical problem caused by marijuana.

Personally, I have taken care of fewer than 10 patients during my entire professional career whose chief complaint was related to marijuana. Mostly these were parents who were cajoled to smoke by their teenage kids and then experienced an anxious reaction.

Publish Post

More at SJ Mercury >>

Federal DIspensary Raids Continue

Patient Advocates Condemn Federal DEA Raids in San Diego

San Diego, CA -- Federal agents raided at least three San Diego-area medical marijuana dispensaries today in the early morning hours. Sources say that Green Kross, Unified Collective and Kush Lounge were all served federal search warrants and were subjected to aggressive SWAT-style raids which resulted in the arrest of as many as 12 people and the seizure of money, medical marijuana and patient records. These raids come as the City of San Diego is deliberating an ordinance to regulate the local distribution of medical marijuana.

"The patient community is outraged by these actions and demands answers," said Eugene Davidovich of the local San Diego chapter of Americans for Safe Access (ASA), the country's leading medical marijuana advocacy group. "Why is the federal government attempting to undermine our local efforts to regulate?" A recent San Diego Gran Jury encouraged local governments to follow through on implementing state law by regulating medical marijuana distribution facilities that provide needed medicine to patients throughout the county. Both the City and County of San Diego are on the verge of approving regulatory ordinances.

Several federal raids have occurred in San Diego over the past few years, typically with the cooperation of local law enforcement and District Attorney Bonnie Dumanis. The latest raids happened in September 2009 under a multi-agency law enforcement operation. Despite the confidence of Dumanis in prosecuting state cases against local dispensary operators, one of them being Davidovich, they have only resulted in jury acquittals. "Despite a failure to win convictions in state court, Dumanis continues to aggressively enforce and prosecute groundless medical marijuana cases," continued Davidovich.

More at ASA>>

Calaveras takes 5th Place in Marijuana Arrests Per Capita

Calaveras earns itself a top honor in arrests, taking 5th place in arrests/residents for 2008. The Department of Justice released figures show Calaveras has 37.6 arrests per 10,000 residents, trailing first place Alpine and Inyo Counties at 58.3 per 10,000. An interactive map of the figures can be found by clicking here.

FOOTHILL RANCH, CA (MARKETWIRE) 4/20/2010 Medical Marijuana Inc (OTC Markets: MJNA) has begun the pre-launch of its newest division, The Hemp Network. The Hemp Network is the first network marketing company in history to provide consumers with hemp products on a network marketing platform. President Don Steinberg stated “We are all now at the “right time, right place” to take advantage of an industry that has been around for thousands of years, with products derived from hemp being used today by millions of people. Over the past few years it has become apparent that with the increasing pace of new products hitting the market, there is a need to move those products throughout the world at a very fast rate. Now The Hemp Network has been formed to provide a marketing vehicle for massive global distribution of these new products and services as they hit the market, which is imperative to capture market share. The Hemp Network is now the launching pad for thousands of new ideas that people worldwide have in this giant emerging industry. We are here to help develop and market those ideas”.

“This is another exciting first for us that MJNA is proud to announce,” said Chairman Bruce Perlowin, who also stated, “With a state of the art software program that The Hemp Network is based upon, we intend to provide a new level of interaction and awareness between the public and what we feel is the next green industry. Perception is rapidly changing as evidenced by the turnout and response over this past weekend where MJNA participated at cannabis events in San Francisco, Aspen, and Rhode Island. “With past successes our President, Don Steinberg and myself have experienced in network marketing endeavors, the soft roll out of The Hemp Network is inevitable and natural for us, and we are busy readying for the full launch in early June. Pre-Launch We are now in Pre-launch, which is when a network marketing company tests its systems before a national rollout. This will last about 4 weeks and we do allow people to sign into The Hemp Network prior to the June 1^st date. www.thehempnetwork.com .

Source: http://www.medicalmarijuanainc.com

Letter from Prop 19

Dear Friend,

When our opponents come after one of our allies, we've got to be ready to fight back. That's why I'm writing you today.

Tomorrow morning, our opponents are holding a press conference in Sacramento to call for the resignation of Alice Huffman, president of the California NAACP, because of the organization's bold endorsement of Proposition 19.

We've got to make sure the NAACP knows we've got their back. Will you take a moment and show your support for Alice Huffman and the NAACP?

Click here to sign our petition in support of Alice Huffman and the NAACP!

We're proud to have the support of the California NAACP because they not only know that the war on drugs has failed -- but that its failure has disproportionately affected African Americans. Arrests of African Americans are double, triple, and quadruple the rate of whites in California's 25 biggest counties, even though studies show that African Americans consume marijuana at lower rates than whites.

You'd think with statistics like these that the NAACP's support would be unquestioned. But the stats have always been on our side -- and that hasn't stopped the politics-as-usual crowd from distorting the facts.

This year, when we pass Prop 19, the dialogue will completely change. But until then, we've got to be bold and stand strong when our allies come under attack.

Please sign our petition in support of Alice Huffman and the NAACP. Let's collect the thousands of signatures we need to show our allies and opponents alike that we'll stand up and be heard when attacks come our way.

Thank you so much for your support.

Sincerely,

Jeff Jones
Proponent, Yes on 19

Cash-strapped Long Beach seeks to tax marijuana

Long Beach could join several other California cities in seeking to boost city coffers by taxing marijuana.

The City Council on Tuesday will consider a proposal to place a measure on the November ballot that would levy a 5% tax on medical marijuana collectives.

Another tax of up to 10% on other marijuana businesses would go into effect only if California voters also pass Proposition 19, which would legalize, regulate and tax marijuana for recreational use.

Long Beach's proposal, drafted by the city’s Department of Financial Management, also calls for taxing medical marijuana cultivation sites at .0075 cents per square foot.

The growth of pot dispensaries -- and the drug’s potential legalization statewide -- has presented a rare opportunity for cities desperately searching for new revenues. Berkeley and Sacramento are considering similar measures.

Long Beach is facing an $18.5-million budget deficit, and for some on the city council, which voted in May to regulate medical marijuana collectives, taxation is the next logical step.

"We tax alcohol. We tax cigarettes. Why wouldn't we look at taxing marijuana?" Long Beach Councilman Patrick O’Donnell said. "We're turning over every rock to find new revenues, and under one of those rocks may be marijuana."

Critics, however, say such a tax could unfairly target medical marijuana patients.

Americans for Safe Access, the nation's leading medical marijuana advocacy group, opposes taxing medical marijuana because it believes the drug should be treated the same as any other doctor-prescribed medications, which are untaxed.

But if a tax must be enacted, spokesman Kris Hermes said, "the tax burden should be removed from the patient to the extent possible."

"It's difficult to tell cities that are cash-strapped in tough economic times that you can't tax this substance,” he said. "But there are other methods that local governments could use to raise the money; one of those methods is to tax the production side."

Long Beach Councilwoman Gerrie Schipske voiced similar frustrations, calling it "hypocritical" to tax marijuana because under current laws, it's sold either as an illegal drug or as a pharmaceutical.

More at LA Times >>

Cash Strapped California launches frontal assault on Marijuana

Throughout the state, millions upon millions are being spend to assault marijuana. Both legitimate medical marijuana and illicit operations are experiencing the war on cannabis and people.

SHASTA: Strapped U.S. Police Turn to Marijuana Busts for Cash adequately lays out the profit motive for agencies to assault law abiding citizens. Click Here to read more:

Shasta County Sheriff Tom Bosenko, his budget under pressure in a weak economy, has laid off staff, reduced patrols and even released jail inmates. But there's one mission on which he's spending more than in recent years: pot busts, The Wall Street Journal reported Saturday.

The reason is simple: If the California lawman steps up his pursuit of marijuana growers, his department is eligible for roughly half a million dollars a year in federal anti-drug funding, helping save some jobs. The majority of the funding would have to be used to fight pot. Marijuana may not be the county's most pressing crime problem, the sheriff says, but "it's where the money is."

TUOLUMNE: 223,555 marijuana plants were claimed eradicated in isolated areas of Tuolumne County this week. The marijuana's estimated street value is $447,100,000. No arrests were made.

NAPA: 38-year-old Jose Luis Martinez Chavez was shot by two members of a drug task force investigating two growing operations near the Lake Berryessa on June 30.

MERCED: 9,000 marijuana plants were found growing near a tributary of the San Joaquin River in Stevinson, the Merced County Sheriff's Office said. The plants had an estimated street value of $9.4 million. The plants were burned by law enforcement.

MARIN: Four Marin medical marijuana dispesaries prepare for a legal battle while county and town officials plot their next moves after ordering them to shut down. The marijuana collectives were still operating as of Friday and held open houses earlier in the week.b

"We're going to proceed with an action to remove them from there," Corte Madera Councilman Michael Lappert said, adding, "I think the council would be open to listening to a scheme that involved proper zoning so that it's not in close proximity to schools.

NOR CAL: More than 150 law enforcement agents fanned out across Northern California last week to shut down a crime ring police say is responsible for running a network of marijuana grow operations potentially worth millions of dollars. Nine people were arrested and about 2,500 pot plants were seized from seven indoor grow houses in Sacramento, Elk Grove, San Jose, Milpitas and Oakland.

L.A.—A judge has delayed a decision on whether to bar Los Angeles from enforcing its medical marijuana ordinance against four collectives.

On another sad note, Washington's marijuana legalization measure did not qualify for the ballot.

Medical Marijuana Dispensaries - A Primer

As Posted on thepinetree.net:


CALAVERAS MEDICAL MARIJUANA DISPENSARIES - A Primer: As we move headlong to the Jay Smith trial and doubtless will be seeing the same aggression against Gus Meyers for his Valley Springs collective, it is time
to examine the law.

Our county must be braced for the expensive litigation that is going to come our way, not to mention the wasted expense of prosecutions, so where do we stand in terms of the law?

When discussing Jay Smith and his collective distribution of medicinal cannabis, the the law, according to the two primary county law enforcement authorities is as follows:

“Quite frankly, it doesn't sound like (Jay Smith) was any part of a collective. With a collective there has to be a relationship of some sort. It can't be meeting somebody in a parking lot. In our opinion, you're just selling drugs.” - Sheriff Dennis Downum, Calaveras Enterprise - 4/13/10

“A lot of people think a cooperative, dispensary and collective are similar and surely that must be legal because there are tons of them in Oakland and San Francisco,” Matthews said. “That's the wrong assumption. “My view is that the dispensaries in the big cities, where a guy walks in off the street, shows his recommendation and buys an ounce of pot for $300 – that's not a legal sale,” Matthews said, adding that in order to sell another person with marijuana, one must be his or her primary caregiver. - Deputy District Attorney Seth Mathews, Calaveras Enterprise - 7/2/10

So is it true? Has Calaveras County been blessed with two brilliant legal minds that understand California law better than California's elected Attorney General, our appellate and supreme courts, and District Attorney's throughout the rest of California?

Medical Dispensaries do not operate in just "Oakland and San Francisco", as stated by Mathews.

Vehement anti-Prop 215 counties such as San Diego and Kern that have fought implementation of medicinal cannabis law all the way to the US Supreme Court have store front dispensaries open for business today. Dispensaries operate throughout the state, including within a crow's hop from our state capital building. Why? How? What is the law?

This primer is intended to help educate our local attorney's, law enforcement, and our community on California law and the collective and cooperative marijuana activities provided for by The Compassionate Use Act (Prop. 215) and the Medical Marijuana Program Act ( SB 420 - MMP).

For guidance on this issue, we can turn to two landmark decisions, the 3rd District Court of Appeal ruling in "People v. Urziceanu" and the California Supreme Court ruling People v. Kelly" and the supporting case law of those rulings and the Attorney General Guidelines for Medical Cannabis Patients (2008).

While an appellate ruling is non-binding, it is important to note the Calaveras County is within the purview of the 3rd District Court of Appeal, and as such holds their rulings holds that much more sway in application here.

There remains some some vagueness in the medicinal cannabis law, for the limited purpose and scope of this article, it is conceded or represented that the courts have consistently held:

1. Medical marijuana possession and cultivation is not a right conveyed by the voters, but rather, upon verbal or written recommendation of a physician for the use of medical marijuana, offers an affirmative defense to charges of violations of those laws.

2. Prop. 215 provided that TWO sections of state law shall not apply to “a patient” or “a patient’s primary caregiver” - those are the two sections related to possession and /or cultivation of marijuana for the “personal” medical use of “the patient.”

3. Prop. 215 did NOT alter the other statutory prohibitions related to marijuana, including those
that bar the transportation, possession for sale, and sale of marijuana.

4. Federal law DOES NOT preempt state law, and that police are obligated to uphold state and not federal law.(State and U.S. Supreme Court rulings)

5. The limits set by the MMP have been ruled an unconstitutional curbing of a voter approved amendment and patients maybe possess quantities consistent with their needs.

So where does that leave us?

Court rulings endangered the California's thriving medical marijuana industry; an industry accounting for millions and millions of dollars of local and state revenue.. The rulings essentially made "store front" distribution of medicinal marijuana illegal. Prop.215 provided that one of its purposes was to encourage the state and federal government to implement a plan to provide for the safe and affordable distribution of medical marijuana to those patients who need it.

The legislature responded to that edict and the the rulings by passing Senate Bill 420, the Medical Marijuana Program Act.

In the MMP , the Legislature sought to: “(1) Clarify the scope of the application of (Prop. 215) and facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution" and to "Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.”

The MMP further evidenced “the intent of the Legislature to address additional issues that were not included within (Prop 215) and that must be resolved in order to promote the fair and orderly implementation of the act"

The MMP expressly expanded Prop. 215 beyond cultivation and possession of marijuana. In H&S section 11362.765, the law provides, “(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Section 11357 (Possession), 11358 (Cultivation), 11359 (Possession for Sale), 11360 (Transportation), 11366, 11366.5 & 11570 (Maintenance of Location for Unlawful Activities/storage of controlled substance, and Nuisance laws).

The MMP went further in authorizing compensation for medical marijuana services in H&S 11362.765(c), “A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for (medical marijuana) services provided under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall NOT, be subject to prosecution or punishment under Section 11359 or 11360." The court ruled: "This section thus allows a primary caregiver to receive compensation for actual expenses and reasonable compensation for services rendered to an eligible qualified patient, i.e., conduct that would constitute sale under other circumstances."

So while Prop 215 did not authorize ""Possession for Sale" , "Operating place of business for distribution of marijuana", or reimbursement for services provided; the MMP DID.

The court ruled: "(The MMP) represents a dramatic change in the prohibitions on the use, distribution, and cultivation of marijuana for persons who are qualified patients or primary caregivers. Its specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana."

In response to civil challenges, criminal court rulings, and the legislative intent of SB420, the California Attorney General published guidelines for the collective/cooperative distribution of medical cannabis via "store front" dispensary. Those guidelines stated: "Under California law, medical marijuana patients and primary caregivers may associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes.'” (§ 11362.775.) The following guidelines are meant to apply to qualified patients and primary caregivers who come together to collectively or cooperatively cultivate physician-recommended marijuana."

It should be noted that patients AND primary caregivers may associate together. This distinction is important because our law enforcement personnel are completely ignorant of that
distinction and repeatedly misstate the law.

Specifically, DDA Mathews stated that when he's in court, he asks individuals a number of questions to determine if they are a primary caregiver such as 'What do you do for this person? Do you provide meals? How often do you see them? What did you do when you saw them?' If they come up with nothing, we figure they are not their primary caregiver.”

That is completely irrelevant when discussing most collectives or the patients
operating them. Neither Smith, nor most other store front collectives/ dispensaries operate as primary caregivers, nor do they allege such. Most, including Smith, provide paperwork to members expressly stating that they are NOT acting as primary caregivers. They are PATIENTS collectively assembling for medical marijuana purposes, in accordance with state law. No where does the law state one MUST be a primary caregiver to collectively assemble, assemble, or to provide marijuana within a collective. Caregivers may assemble. Patients may assemble. Caregivers AND patients maybe assemble. If you meet any of those definitions you may collectively assemble for lawful medical marijuana purposes. For example, Smith is a patient, not a caregiver. As a patient, he may collectively assemble with other patients and caregivers
for medical marijuana purposes.

Our law enforcement agencies are purposefully ignoring law, precedent, and state guidelines when they prosecute defendants on the basis of the fact they are not "primary caregivers".

As a patient, what must one do in order to lawfully collectively cultivate and distribute marijuana? The Attorney General guidelines are very specific about their model for operating a marijuana dispensary:

1. The collective must ensure that there are safe guards to the disbursement of marijuana to non-patients.

2. A statutory cooperative must incorporate.

3. A collective or “a business, farm, etc., jointly owned and operated by the members
of a group.” should be an organization that merely facilitates the collaborative efforts of patient and caregiver members – including the allocation of costs and revenues. The collective should not purchase marijuana from, or sell to, NON-members; instead, it should only provide a means for facilitating or coordinating transactions between members.

4. It must be non-profit, but may be reimbursed for costs associated with the business.

5. It must comply with local and state licensing and tax laws, including a Sellers Permit.

6. It must have a membership application process, including verification and must maintain membership records.

7. Collectives should acquire, possess, and distribute only lawfully cultivated marijuana.

8. Provide adequate security and have procedures in place in the event members are found to be dispersing the medicine to non-members.

In conclusion, the rogue prosecution of lawfully operating medical marijuana patients in this county is at odds with the constitution, statutes, case law, and business models published by the state of California.

This county will doubtless be the subject to significant legal liability if it continues to operate outside the bounds of the law. One can contemplate that those liabilities could be in the
tens of millions of dollars. Our county is already laying off workers in essential services and there is no optimistic end of those cut backs in sight. The reefer madness of our rogue law enforcement is a luxury this county can no longer afford.

It can be appreciated that a minority opinion of those in this state oppose Prop 215 and subsequent laws and interpretations; however, it is in fact the law. If you don't like the law, you can work to change the law. But you cannot dictate the law via rogue law enforcement.

It is High Time Calaveras County law enforcement at least understand the law, accept it, and apply it.

Marijuana Law: The Victims

Our county, state, and nation continues to victimize medical marijuana patients. The Marijuana Policy Project has put together a list of victims of the nations woeful and criminal activity persecuting marijuana you. You should find the stories nauseating.

Suzanne Pfeil
Suzanne Pfeil is a paraplegic who suffers from severe pain and muscle spasms linked to post-polio syndrome. On September 5, 2002, more than 20 armed federal agents raided her medical marijuana hospice, holding assault rifles to the heads of patients and their caregivers. When Pfeil was unable to stand, the agents handcuffed her behind her back and left her on the bed for several hours.

WAMM was well-known as a medical marijuana dispensary and hospice that strictly abided by California state laws regarding medical marijuana. Since the raid on WAMM, 33 patients have died.

Peter Williams

Writer, poet and publisher Peter McWilliams used medical marijuana to relieve the pain he suffered from cancer and AIDS. He also took advantage of his prominence as a writer and public figure to advocate in favor of medical marijuana laws. As a result, he was investigated, raided, arrested, and put on trial by the federal government. In 2000, while out on bond and unable to use marijuana to ease his nausea, he began vomiting, choked on his vomit, and died.


Roni and Charity Bowers

On April 20, 2001, the U.S. Central Intelligence Agency ordered the Peruvian Air Force to shoot down a plane suspected of smuggling drugs out of Peru. The plane was carrying not drugs but American religious missionaries Jim and Roni Bowers; Roni and seven-month-old daughter Charity died in the shooting.

Kathryn Johnston
Members of a Georgia narcotics investigation team shot and killed 92-year-old Kathryn Johnston during a drug raid in her Atlanta home November 21, 2006.

Jonathan Magbie


Twenty-seven-year-old Jonathan Magbie died while serving a 10-day sentence for marijuana possession in a Washington, D.C., jail. Magbie, a quadriplegic since age 4, used his chin to operate a motorized wheelchair and required a ventilator to help him breathe. The jail could not provide the medical help he needed, and by the time he was taken to a hospital, he was dead. Magbie was a first-time offender who told the judge that marijuana made him feel better and that he didn't think there was anything wrong with using it.

Join Calaveras Cannabis in working towards our rights and toward sensible law and policy and pressing for intelligent law enforcement actions.

Medical Cannabis Collective opens in Valley Springs.

Despite strong words of caution from the Sheriff's and District Attorney's Offices, a Valley Springs man opened a medical marijuana collective in Calaveras County last week that he claims is perfectly legal according to state law.

When the owner of Forgotten Knowledge Collective was asked if he was concerned that local law enforcement might take action, Guy Meyers procured copies of Proposition 215 and Senate Bill 420 and stated simply that the collective was operating within state law, refusing to say anything more.

Proposition 215, also known as the Compassionate Use Act, was a statewide voter initiative that allows patients with a valid doctor's recommendation, and the patient's designated primary caregivers, to possess and cultivate marijuana for personal medical use, and has since been expanded, in the case of Senate Bill 420, to protect a growing system of collective and cooperative distribution.

The collective is a nonprofit corporation and its intent is to “provide a safe and secure environment for patients who have received a recommendation from their medical doctor under the provisions of Initiative 215,” according to a one-page flyer.

“I'm open and providing medicine,” Meyers said.

“Guy's a legend around here,” said Calaveras County Sheriff Dennis Downum.

Meyers was elected to the Calaveras County Water District but was booted off the district board in December 1998 for allegedly not living in his district and the board replaced him with Lorraine Rollins in February 1999. He sued CCWD board members for violating his civil rights and won a large settlement.

Downum said he became aware of the collective last week and, “All I can really say is we are looking into it. The Board (of Supervisors) has a right to approve a collective, not a dispensary. As far as I know, the board has not done that and nothing has been presented to me to sign or approve.”

More Here>>

ACLU Sues Walmart

The American Civil Liberties Union has filed a lawsuit against Wal-Mart for the termination of a Michigan employee whose doctor verified his illness qualified for medical marijuana use.

Wal-Mart, the nation's largest retailer, fired Joseph Casias in November 2009 after he failed an on-the-job injury-related drug test. Casias suffers from a rare form of cancer in his nasal cavity and brain, and he relied on his doctor's medical marijuana prescription to alleviate the daily pain. Casias is one of about 20,000 legal medical marijuana users in Michigan.

"Medical marijuana has had a life-changing positive effect for Joseph, but Wal-Mart made him pay a stiff and unfair price for his medicine," said Scott Michelman, staff attorney with the ACLU Drug Law Reform Project.

MORE at CNN.com >>

In an amazing coincidence, the same CA government that brought you SB420 to regulate medical marijuana now brings you Proposition 19, bearing the exact same name as the 1972 proposition to legalize marijuana.

I hope you saved your campaign buttons!

Here is a message from Richard Lee:

Friend,

I have some breaking news to share:

The Control & Tax Cannabis initiative was assigned proposition number 19 by the California Secretary of State.

This is a huge moment for our campaign -- and there's no better time than right now to make a contribution. Can you help us keep the momentum going and educate voters about our brand new prop number?

Please contribute $19 or more today to the Yes on 19 campaign -- and help us legalize marijuana in California!

When we officially got our proposition number, it really hit home for me: This campaign is now real. In four months, we'll be on the ballot, and millions of Californians will have the chance to vote to tax and legalize cannabis.

As we approach the election, we've got all the momentum. Whether you look on TV, Facebook, or in your community, it seems more and more folks realize we've got to seize this opportunity to legalize, control, and tax cannabis.

But do they all know yet that they can vote for it -- by voting YES on Prop 19 in November?

Chip in $19 or more today to the Yes on 19 campaign -- and help us educate voters about our new prop number.

I couldn't be more excited about our new prop number. Say it with me: Yes on 19!

http://www.TaxCannabis.org


Related: Richard Lee Wiki

PROP 19 - Today's News:

NAACP Endorses Proposition 19
The California State Conference of the NAACP was scheduled Tuesday to back Prop. 19, the November ballot initiative that would fully legalize marijuana in California, according to a statement from the Drug Policy Alliance.

"We are joining a growing number of medical professionals, labor organizations, law enforcement authorities, local municipalities, and approximately 56% of the public, in saying that it is time to decriminalize the use of marijuana," said Alice Huffman, president of the NAACP state conference.

More Here >>

Hazy pot policy prompts renewed talk about enforcement

Written by Ashley Archibald, The Union Democrat June 28, 2010 05:23 am

Local law enforcement officials and county leaders may finally be forced to clear up hazy policies related to medical marijuana use and distribution in Calaveras County.

The need for a coherent policy, according to medical marijuana advocates and authorities, comes as officials investigate a sting its officers performed on a medical-pot cooperative, a dispensary opens in Valley Springs, and a new sheriff prepares to take office.
Helping spur current debate was the January arrest of a medical-marijuana collective member Jay Smith, 36, of San Andreas, in the parking lot of a San Andreas Subway restaurant.
Medical-marijuana proponents claim Calaveras County Sheriff’s Department deputies crossed legal boundaries in setting up Smith for arrest.
According to testimony from Smith’s preliminary hearing, Deputy Steve Avila used a medical marijuana prescription — called a “recommendation” — taken from another man in an unrelated arrest to join Smith’s collective and buy marijuana.
A second Calaveras County deputy, Robert Huffman, then posed as the patient during a sting operation which resulted in Smith’s arrest.
The recommendation belonged to Robert Shaffer, of Ione. Deputies used Shaffer’s name and medical recommendation with one small change — Avila altered Shaffer’s date of birth by one digit.
He then called Smith at the K Care Alternative Collective, a medical marijuana collective based in San Andreas.
According to Avila’s testimony, he sent Shaffer’s medical information to Smith via the collective’s Web site in December 2009 and asked to join the collective.
Smith demurred until Shaffer’s identity could be verified through his doctor.
Two weeks later, Avila recontacted Smith to check on the status of his request. Smith, having verified Shaffer’s identity, agreed to sell the undercover deputy an ounce of “White Widow” marijuana for $270.
The sale occurred in the Subway parking lot. Deputy Huffman posed as Shaffer and initialed documents Smith brought that made him a member of the collective.
It wasn’t until money exchanged hands that Huffman executed what Avila referred to in his testimony as “the takedown signal.”
Undercover officers swarmed Smith, and arrested him on drug sales charges.
Since the arrest, the real Robert Shaffer has filed complaints with the Calaveras Grand Jury and California Attorney General’s Office.


More at the Union Democrat>>

Calaveras deputies' ethics questioned

By Dana M. Nichols

Stockton Record Staff Writer

June 09, 2010 12:00 AM

SAN ANDREAS - Jay Smith says Calaveras County is waging a war against medical marijuana and is doing so using unethical means.

Smith operates K Care Collective, a medical marijuana vendor. He and several others involved in medical marijuana pleaded for help this week from the Calaveras County Board of Supervisors.

Smith was arrested Jan. 4 on drug transportation and sales charges in the Valley Oaks Center parking lot in Valley Springs. He told supervisors he was tricked by a deputy who stole the identity of Robert Shaffer, a medical marijuana user from Ione.

Shaffer tells the same story, and says Deputy Steve Avila of the Calaveras County Sheriff's Department violated his privacy by using the document in the sting operation.

"I also fear my identity is being used in another of Avila's illegal ruses," Shaffer told the supervisors.

Dr. Philip A. Denney of Carmichael, who issued Shaffer's medical marijuana recommendation, said his office received a call from Smith, and that his staff confirmed that Shaffer had a valid medical marijuana recommendation, not knowing that someone else was using Shaffer's identity.

"It just smacks of entrapment and sleaziness to me. I think the cops have better things to do," Denney said. "It was completely deceptive, because they never did talk to me. They did not have Mr. Shaffer's authorization for any of this."

Full Story >>

Sheriff Dennis Downum said after Smith's appearance before the supervisors that the Sheriff's Department has no beef with legitimate medical marijuana users who follow the law.

"For you to provide medical marijuana to someone, there has to be a caregiver relationship," Downum said. "You are totally outside the guidelines when you are meeting somebody in a parking lot and selling them drugs."

Note by Calaveras Cannabis: The above statement by Sheriff Downum is completely inaccurate and at odds with the Attorney General's guidelines and existing case law.

Hopefully Sheriff Kuntz gains a little more insight on this subject.

With Majorities Supporting CA's Marijuana Legalization Initiative, Victory Is in Grasp

Drug War Chronicle / By Phillip S. Smith at Alternet >>

Less than six months from election day, the CA initiative to legalize marijuana has the support of half the voters, according to two polls.

May 26, 2010 |

According to two different polls released last Wednesday, the Tax Cannabis California marijuana legalization initiative is ahead but not by much, making the path to victory in November a rough one. Both polls show the initiative winning, but just barely, and both polls show the initiative hovering around 50% support. On the other hand, polling also shows remarkably high support for the concept of marijuana legalization in some form -- especially when the word legalization is not used.

In an internal campaign poll, when voters read either the ballot measure's title or the attorney general's summary of it -- all voters will see when they cast their votes -- the initiative garners 51% and 52%, respectively, with opposition at 40%. In a Public Policy Institute of California (PPIC) poll, 49% approved of the initiative, while 48% opposed it.

The standard wisdom among initiative veterans is that campaigns should begin with support around 60%. They argue that once a campaign begins, opponents will find ways to shave off percentage points, and if you are starting with only half the voters on your side, losing any support means you lose.

With such a tight margin, expect both proponents and opponents to be energized in the six months between now and the November vote. Initiative organizers have to be concerned with the narrowness of their lead, especially given that attacks on the whole notion of pot legalization in general and on specific provisions of the initiative will only mount between now and then.

Drug War Chronicle / By Phillip S. Smith at Alternet >>

Oaksterdam U Goes Union

Chris Roberts at SF Appeal - Full Story >>

Though we've never been in one ourselves, we gather that joining a union isn't all it's cracked up to be: you have to pay dues, hold signs outside of drug stores, and often run afoul of politicians and mainstream media when the going gets tough. But union membership can also be a strategic masterstroke, and a magic pill to salve bad news. This appears to be the case for "cannabis college" Oaksterdam University, where organized labor and the burgeoning marijuana industry are converging for - we believe - the very first time.

Last week it was revealed that Tax Cannabis 2010 - the ballot measure and brainchild of Oaksterdam founder Richard Lee - was polling at a dangerously marginal 50 percent. But that was without the pledged support of organized labor, which is now on Oaksterdam's side after 100 employees at the cannabis-centered business - which includes a cannabis dispensary and a plant nursery as well cultivation classes - turned in their union cards and joined Local 5 of the United Food and Commercial Workers, school and union officials confirmed Wednesday.

What's this mean for labor, and for the medical cannabis movement? It means at least in the eyes of union organizers, medical marijuana is legitimate and it's not going away any time soon (and any cannabis business would, of course, grow exponentially should adult recreational use be approved). UFCW won a major coup by securing the first-of-its-kind arrangement with Oaksterdam, which now can boast of connections and political clout it couldn't just last week.

"It's a very big deal," said Mike Henneberry, communications director for Local 5's Hayward office, the local shop for Oaksterdam, who said Oaksterdam's newly-minted union members turned in their cards about three weeks ago, at a ceremony oversaw by Oakland City Council member Rebecca Kaplan.

More at SF Appeal>>

LA Times Related Story: Workers at 3 Oakland marijuana businesses unionize>>

SLO Settles Medical MJ Lawsuit for $20,000

By Nick Wilson

Full Story

A Los Osos woman has received $20,000 from the county after her medical marijuana was improperly destroyed by the Sheriff’s Department, her attorney said Tuesday.

San Luis Obispo lawyer Louis Koory said that his client, Kimberley Anne Marshall, 46, of Los Osos, filed a claim against the county after deputy sheriffs searched her home based on a probation search for her son.

Koory stated that deputies located the 18-month supply of marijuana in a locked closet and seized it; they later destroyed it after the District Attorney’s Office decided not to prosecute the case.

Marshall suffers from hepatitis, and back and lumbar injuries, Koory said. She’s qualified by state law to have up to six pounds of medical cannabis, he said.

The settlement amount represents the dollar amount for the roughly six pounds of medical marijuana that his client had, Koory said.

The sheriff received an order from Superior Court Judge Dodie Harman to destroy the cannabis, but Koory said Marshall had a constitutional right to recover her property.

Federal law prohibits possession of marijuana, while state law allows it for qualified recipients who use it for medical purposes.

“The sheriff destroyed the property while aware that no criminal charges would be filed and that (Marshall) had a physician’s recommendation for medical cannabis,” Koory wrote.

The Sheriff’s Department has yet to review the settlement offer and has asked for a review of the case, said Rob Bryn, the department’s public information representative.

Even so, the $20,000 was paid to Marshall on Monday, Koory said.

Alaska's Example: cirtually Legal Marijuana for 35 years

Warning, hope for state in Alaska pot protection

Kevin Fagan, Chronicle Staff Writer

If Californians want a glimpse of how the landscape might look should a November ballot initiative to legalize marijuana pass, they could turn north.

They would see complication. And a cautionary lesson. And maybe hope for those who want pot smoking legitimized.

For 35 years, it's been virtually legal in Alaska, with its fiercely frontier mentality, to smoke marijuana at home and grow small amounts there - currently up to 1 ounce - just as proposed in California's Regulate, Control and Tax Cannabis Act.

It's the most liberal pot policy in the nation, made that way under a 1975 Alaska Supreme Court ruling that said that what a person does in his home is protected under an unusually strong privacy provision in the state's Constitution.

Both sides look to Alaska

Californian advocates point to Alaska as proof that pot can be legal for recreational use with no catastrophic consequences to society. Opponents counter that the state has long had one of the highest substance abuse rates in the nation.

"Alaska's been a big social laboratory for 30 years, and we've shown that there has been no big crime surge because of marijuana use in the home," said Bill Parker, 65, one of the founders of Alaskans for Rational Marijuana Policy, a group formed this month to push for full legalization of pot.

"I think it's a great example for California."

A former state legislator and a retired deputy state prison commissioner, Parker said he regularly smokes marijuana. But his group's argument for stripping away the core remaining regulations against pot in Alaska goes further than simple enjoyment.

Snipped from SF Chronicle>>

A look back at Hemp History Week

Let U.S. farmers grow hemp! This is the battle cry of those who recognize the value and history of hemp and lament the fact that domestic farmers have been unable to legally grow it for over 50 years. In an effort to change this, Vote Hemp and the Hemp Industries Association have announced May 17-23, 2010, as Hemp History Week, a time when patriotic Americans are encouraged to anchor and organize events in their hometown as part of a national grassroots, media and public education campaign about hemp.

Contrary to popular belief, hemp is not marijuana. At least not Cannabis sativa L., the kind that has been grown worldwide for food and industrial purposes for thousands of years. A look back at American history reveals that hemp was also widely grown and used by early Americans.

To set the record straight, cannabis sativa L. has no drug value. Its seed contains no tetrahydrocannabinol (THC), the psychoactive component of marijuana. Cannabis sativa L. will not cause a person who consumes it to test positive on a drug test. It is a completely different plant than the marijuana plant.

As far as functionality, there are literally thousands of uses for hemp. Its seed and oil are powerful superfoods and its fiber is useful in a host of various textile applications. For example, hemp is used to make clothing and paper, and is also used in composite door paneling, fiberboard and concrete foundations.

For food, hemp seeds are a rich source of highly-digestible essential fatty acids (EFAs), or omega-3s. In fact, they contain a perfectly balanced omega-6/omega-3 ratio of 1:3, which many believe is perfect for the human body. Hemp seeds have a nutty flavor similar to that of pine nuts, and they can be used in all sorts of food applications.

Hemp oil is delicious and nutritious as well. Unlike flax and fish oil, hemp oil is rich in Super Omega-3 Stearidonic Acid (SDA) and Super Omega-6 Gamma Linolenic Acid (GLA) which together help to reduce inflammation and improve mental functionality. These also assist in improving the metabolization of necessary fatty acids.

As opposed to cotton, which accounts for nearly 25 percent of the world's pesticide use in order to grow it, hemp requires no pesticides or agricultural chemicals in order to thrive. It is an entirely non-toxic, renewable resource that actually helps to suppress weeds and regenerate soil naturally. It is a favorite among farmers who use it as a rotation crop.

Back in the early days of America's founding, hemp was a commonly grown and used resource. America's hemp heritage includes the following little-known facts...

More at Natural News>>

Latest Poll: 49% Favor Legalization

49% of California voters back legalizing pot, poll finds

With 48% opposed, legalization effort faces a difficult challenge, pollster says.

May 20, 2010|By John Hoeffel, Los Angeles Times

Californians likely to vote in November are evenly split over whether to legalize marijuana, with only a small percentage of the electorate still undecided about the controversial issue, according to a poll conducted last week by the nonpartisan Public Policy Institute of California.

The poll, which surveyed 1,168 likely voters, found that 49% think marijuana use should be made legal, 48% do not and 3% do not know, suggesting that the proponents of the legalization measure will have to wage an expensive and persuasive campaign.

Mark Baldassare, the institute's president and pollster, said the results show the legalization campaign faces serious challenges: "It's always hard to start out when you're not even at 50%."

The Tax Cannabis 2010 campaign, which sponsored the initiative, also released a poll Wednesday that found a similar level of support for the measure among registered voters, but with a much higher percentage undecided. Conducted earlier this month by an independent firm, the survey showed 51% of 800 voters support the initiative, while 40% oppose it and 9% are undecided.

"All the polls continue to show that voters remain interested in replacing a failed policy with a more honest, commonsense solution," said Dan Newman, a campaign spokesman.

More at LA Times>>

Marc Emery - Prince of Pot - On U.S. Soil

VANCOUVER -- Vancouver's Prince of Pot, Marc Emery was extradited Thursday morning to the United States for selling marijuana seeds by mail to U.S. customers.

Emery, 51, has allegedly been selling marijuana seeds over the internet and shipping them to the U.S since 1994. He was arrested in 2005 after Canadian and American authorities found that he was distributing seeds to the U.S. and was associated with illegal growing operations in multiple states including Indiana, California, Florida and New Jersey

Emery is facing a plea-bargained five-year prison term. He will appear in court Monday in a change of plea hearing.

Vancouver Sun >>

Protests Organized by Cannabis Culture >>