Medical Marijuana and California Law: Part 1 - Stopped by The Cops!

As part of a series, I would like to clear up some myths and provide information as a guide to assist you in researching medical marijuana law in California. This article is geared towards a legal medical marijuana patient who may legally possesses or cultivate marijuana for the personal medical purposes with the written or oral recommendation or approval of a physician (I will refer to this as the common term: a "Prop 215 Card").*

My series will include your rights and immunities, police powers, eligibility for Prop 215 and delve into the legal issues surrounding collectives and cooperatives, including storefront dispensaries. My first article in the series will guide you on how to act during a police contact.

I've been stopped by cops!
Possession of Marijuana and Prop 215

Marijuana is in illegal substance in California. Prop 215, among other things, immunized qualified persons from penalties for marijuana possession and cultivation; however, it did not "legalize" marijuana for those with their Prop 215 card. The courts later affirmed that Prop 215 protections did extend to transportation of marijuana for personal use. People.v.Wright

SB420, a subsequent bill and attempt at clarifying Prop 215 provided that a qualified patient may, among other things possess and/or transport up to 8 oz. of marijuana for personal use without being arrested or having their medicine seized if that patient produces either a state issued Medical Marijuana ID card or a verifiable physician's recommendation. Despite the fact, that this 8 oz. measure has been ruled a minimum, anticipate law enforcement will generally follow the guideline when determining whether to arrest you and/or seize your medicine. Likewise, if you do not have your Prop 215 card with you or it cannot be verified, officers can and probably will arrest and/or cite you to appear in court. In that case, your Prop 215 card is an affirmative defense that may be used at your court date. You need not formally file a motion to dismiss, you may informally suggest it.

Home Town Sheriff Drama

And now a pause for a little small town election gossip..

Earning Sheriff of Calaveras County
The Ballard vs. Kuntz battle heated up. ThePineTree.net (TPT) weed war turned into a battle of words between the Ballard camp and the Kuntz camp when both parties began accusing each other of tampering with "vote for me" signs and foul play in debate scheduling.

If you caught it, an announcement was made (and removed) on TPT that a debate between Kuntz and Ballard had been scheduled and Judge Mewhinney would moderate it. Apparently, Kuntz had not accepted the invitation and the announcement was removed by TPT.

A "Letter to the editor" written by Jeanie Middleton, a county employee and Ballard election committee member was posted on TPT and the Enterprise. The letter offered an apology for the premature announcement; however, as the discussion degraded, it was clear that this was an actually an accusation that Kuntz was afraid to face Ballard in debate. The Kuntz camp responded that the Ballard camp was scheduling debates and announcing them without coordinating them and that the two had already agreed to a debate that was still scheduled. The camps sparred back and forth eventually going so far as to accuse each other of candidate sign tampering and accusing Middleton of "ruining the [sheriff's] department."

Some of the battles boiled over into coverage by KCRA. Middleton, representing Ballard, appeared on TV challenging that Kuntz used the school under false pretenses for a fund raise, coordinating with the school and the foodbank. You can view this video here and decide for yourselves:
http://www.kcra.com/video/23285302/index.html

View the whole discussion here

Overall, a sad state of affairs for the top spot in the county...

Lead me not into hemptation...

There I was driving through San Andreas to get to an appointment and low and behold, what did I see? Eddie Ballard was standing outside Hemptation apparently.. talking to people? For those that don't know, Hemptation is a smoke shop, skate shop, and hydroponic store in San Andreas. I highly recommend it, by the way.

Anyway, Ballard is either arresting people or .. could this be an overture?

I've sent an email to Middleton, maybe she can tell us what Captain Ballard has to say. She seems to have a finger on the pulse of that campaign.

Texas Police Officer Arrest for stealing marijuana

FT Worth Police officer Wesley Lamb was arrested for marijuana related charges.

A local resident called in a tip that Lamb was smoking marijuana in uniform. An investigation and undercover sting or was triggered resulting in the arrest. Monday, and Officer Wesley Lamb was arrested 48 hours later.

Marijuana Miracle and Autism

The merits of Marijuana treatment of autism are becoming more and more well known. Cannabis can quite literally be a miracle drug for the Autistic.

The enlightening series "Why I give my 9 year old pot" by Marie Myung-Ok Lee shed's new light on the story and deserves wider exposure.

Why I Give My 9-Year-Old Pot

Last summer, we reached the six-month mark in our cannabis experiment. We'd been using medical marijuana to help quell our autistic son's gut pain and anxiety, and we were seeing some huge changes in his behavior and, presumably, his happiness. J was smiling, interacting (one of home-based therapists said she'd never encountered such an affectionate autistic child), even putting his dirty dishes in the dishwasher—rinsing and everything!—not only without being told, but without ever having been asked to do such a thing. The more I'd been reading, along with J's doctor, about the effects of cannabis—analgesic, anti-anxiety, safe—the more it seemed a logical choice. I've also heard from other parents who've decided to try cannabis for their children. One of the kids has Smith-Magenis, a genetic disorder that includes autismlike behavioral symptoms including self-injury. Another is an autistic child who'd refused to eat and was near death. Post-marijuana, he is thriving. The Smith-Magenis boy, who'd been about to start court-ordered medication, is also doing well.

Then, after all this affirmative news and a beautiful summer, we hit a snag. But from it, we learned an awful lot about what the cannabis is doing for J.

Our mj farmer, Organic Guy, needs to make a living while he grows medical cannabis for his three patients. Being an illegal street drug dealer is lucrative; being a supplier of medical cannabis is not. By the law of our state, Rhode Island, Organic Guy is paid only for expenses. Growing J his medicine takes a lot of daily labor and infrastructure, but if Organic Guy has any extra harvest, he can only donate it, not sell it, to another licensed patient. Some states, such as Colorado, set up and regulate retail outlets for medical marijuana. In California, for instance, cannabis buyers' clubs, as they're called, actually outnumber Starbucks. But in Rhode Island, there are no such options for growers.

The Story

See also : http://www.doublex.com/section/health-science/why-i-give-my-9-year-old-pot

Marijuna Miracle and Cerebral Palsy

It seems, some still may have trouble understanding what a miracle cannabis is.

yes, for those of us that have been around, we have seen this. It is worth a repeat.

Dismantling the Talking Points of Marijuana Prohibitionists

This deserves wide distribution

Dismantling the Talking Points of Marijuana Prohibitionists
Tony Newman - Huffington Post

The war on drugs will be on the ballot in California this November. The nation will watch the state decide whether to tax and regulate marijuana or continue to arrest adults for possession of this plant.

The vote on the Regulate, Control and Tax Cannabis Act of 2010 will impact many of the most important issues in the country today. Californians will express how they want police resources used, if adults who consume marijuana should be criminalized, how best to deal with the tragic violence in Mexico, and what our priorities should be in tough economic times. It's no wonder that seven months out, this issue has already generated thousands of news stories around the world.

Opposition to this reform has crystallized within the drug war establishment, and so has their spin. Here are their top five talking points and the truth beyond them:

Drug Warrior Spin #1: Why would we authorize another harmful substance in our society?

The reality is that marijuana is already widely available in our society. Like it or not, it's a mainstream recreational drug consumed by millions, including one in ten Californians last year, according to federal data. The California ballot initiative simply acknowledges that marijuana is here and that it's more sensible to regulate this massive market, like we do with even more harmful drugs like cigarettes and alcohol. Prohibition of highly popular substances never works and brings terrible collateral damage. Alcohol prohibition didn't keep people from drinking, but it did give us Al Capone and gun battles in the streets. No one dies over sales of Budweiser today.

Drug Warrior Spin #2: Regulation will cause marijuana consumption to skyrocket with addiction rates to match.

The truth is rates of marijuana consumption aren't determined by penalties against it. If they were, the U.S. - which arrests an astounding 750,000 people for marijuana possession every year - wouldn't have double the consumption rate of The Netherlands, where marijuana sales have been tolerated for decades. That principle holds true across this country as some states that lowered penalties against marijuana possession years ago have among the lowest rates of use while some states that retained harsh marijuana laws have among the highest. As for addiction, the risk of becoming dependent on marijuana is mild compared to most other drugs including alcohol and tobacco. In fact, most people who enter treatment for marijuana addiction in this country today are referred by the criminal justice system, but 65% don't even meet the standard criteria for dependence.

Drug Warrior Spin #3: Regulating marijuana will aid drug cartels.

It is practically Orwellian to claim that state regulation of marijuana would benefit criminal cartels. More than 20,000 Mexicans have died in the last three years thanks to prohibition.


FULL ARTICLE

Round Up: 4/25/10

Upcoming Marijuana March Reaches 300 Cities; You on the List?

NORML hails the passage of another milestone for the Global Marijuana March with Georgetown, Guyana and Ryebrook, NY, as the 299th and 300th cities convening a march, rally, forum or benefit for the reform of cannabis laws on the weekends of Saturday May 1st and May 8th. NORML and numerous other reform groups called for more cities this year to participate so that organizers could meet and surpass their stated goal of more than 200 cities
More>>

Ottawa police Chief supports decriminalization

Ottawa police Chief Vern White says he isn’t interested in giving marijuana users criminal records, and would support discussing decriminalization — with one caveat.

“My only concern about the word ‘decriminalizing’ is the suggestion to the public that (marijuana) is not a dangerous drug,” he said. Otawa Police Chief supports decriminalization.

The Citizen asked White about decriminalization following a recent community meeting.

An Angus Reid poll released earlier this month shows a majority of Canadians remain in favour of legalizing the plant. And last Tuesday, hundreds flocked to Parliament Hill to smoke up in an annual ritual in support of decriminalization.

“If this is about, ‘we don’t want people to have a criminal record for possession of marijuana,’ that message is a good message,” White said. “Because I don’t want them to have a criminal record for possession of marijuana either.”

More >>

Quadriplegic Arrested and Jailed for Growing Marijuana April 25

John Haring is a 45 year-old man from Clearwater, Florida, who has been suffering from chronic pain for more than twenty years.

As related in a feature on TampaBay.com, when he was 24, Haring suffered an accident while working as a truck driver in Ohio. His rig rolled as he tried to avoid a kid who suddenly came in the way of the 18-wheeler that he was driving. His injuries left him without the use of his fingers and his legs; he has spent time on a wheelchair since

In order to manage the pain that he suffers from arthritis, among other things, he has, over the years, been prescribed with prescription painkillers. Thus far, however, these medicines have not worked well. So he turned to marijuana, growing them in his home in Clearwater.

This would have been perfectly alright if he had been living in California, and if a doctor legally advices him to turn to pot and writes a prescription for it. The thing is, Haring lives in Florida – a state where marijuana – even when used for medical purposes – is illegal.

Santa Cruz County cops bust six, seize more than 1,000 marijuana plants in undercover operation

SANTA CRUZ — Six county men were arrested, and more than 1,000 marijuana plants were seized from three properties Thursday during an undercover operation, sheriff's deputies announced Friday.

"With that amount of plants and that many players, this is clearly a sophisticated operation," Sgt. Dan Campos said. "This is an example of many marijuana growing operations in the county. It's a subculture that thrives here."

Deputies served search warrants at several locations, including on Swanton Road and Last Chance Road near Davenport, South Rodeo Gulch in Soquel, Encina Drive in Live Oak and on Empire Grade Road in Bonny Doon, Lt. Jim Hart said in a news release.

They seized more than 1,000 plants valued between $180,000 and $300,000, along with $6,000 cash, he said.

Ballard v. Kuntz - Prop 215

Medical Marijuana Question posed to Calaveras County Candidates Captain Eddie Ballard and Lt. Gary Kuntz on a Q&A hosted by ThePineTree.net, a premiere source of news in Calaveras County. The questions were posed here:


Pine Tree Discussion

The press has described, and I think fairly, Sheriff Downum as an Outspoken critic of medicinal cannabis and I think the policies of the Sheriff's department accurately reflect that approach and he has certainly admitted that.

How is or is your approach to Medicinal Cannabis different; especially in terms of aggressive enforcement, patients rights protected by Prop 215

While Calaveras Cannabis endorses neither candidate, as neither have provided an appropriate response or indicated an appropriate level of knowledge or understanding of the issue, we did need a fact check.

Captain Ballard's Statement: "Prior to proposition 215 and after proposition 215... our stat's after 1996 almost went away for personal possession..."

According to the clerk at Calaveras Superior Court, from Jan 1 2009 to April 1 2010 there were 229 cases filed by the district attorney involving the charge 11357(b) H&S, personal possession under 1 ounce.

According to Kuntz, although considered unverified, there were potentially hundreds referred to the DA and unfiled.

Kuntz statement that "if they have a scale we know they are a dealer" is outrageous and indicates an ignorance of the subject. As an FYI: Quite often, those obtaining marijuana like to check the weight of their purchase.

You guys have confused law enforcement!!!

A great post was found on ThePineTree.net

The Marijuana debate rages in Calaveras!

You guys have confused law enforcement!!!
Posted on: 2010-04-25 08:48:25 By: Anonymous


I think it is very sad these reefer addicts have worked so hard to confuse our law enforcement with bogus medical marijuana laws. Its not a medicine! it is a wild evil weed!

HOw many times does the sheriff have to explain to you medical reefer puffers that federal law trumps state law?

You saw in the enterprise that now that you reefer puffers have successfully confused our sheriff and the district attorneys on your crazy laws, we are in a real in pickle in this county and our law enforcement officers too!

How are they supposed to know what the law is when one peoples are telling them its legal and another peoples are telling them its illegal! Put that in your medical reefer bong and smoke it!!!!

Seth Mathews and Dennis Downum are very smart people and if they cant understand the law what was written by you wacked out reefer puffers that is so confusing then what can us normal folks are supposed to do! Tell me that reefer heads!??? Do they look like doctors? No the law says its illegal!

Even if someone really is sick, the sheriff needs to get you in the jail and examined by the jail nurse. If she says your sick, the DA promises that you will not be prosecuted then you crawl t in your bed and puff your self to oblivion and not walk around in public and everything where people might see or smell you.

I'll tell you what I do, every time I have probable cause to suspect a reefer puffer I call the sheriff on my neighbor and report that person!!! We need to help the sheriff fight crime! And crime starts with reefer!

We'll see how sick you pot heads are when you are sitting in prison with BUBBA DRIVING YOU HOME IN THE MORNING thats how!!!!!


More Reefer Madness at the online debate!
Calaveras News - Breaking News for Calaveras County & Beyond!- The Pine Tree .net

Don’t Call It ‘Pot’ in This Circle; It’s a Profession

NY TimeS Photo Jim Wilson

As more and more states allow medical use of the drug, and California considers outright legalization, marijuana’s supporters are pushing hard to burnish the image of pot by franchising dispensaries and building brands; establishing consulting, lobbying and law firms; setting up trade shows and a seminar circuit; and constructing a range of other marijuana-related businesses.

Boosters say it is all part of a concerted effort to trade the drug’s trippy, hippie counterculture past for what they believe will inevitably be a more buttoned-up future.

“I don’t possess a Nehru jacket, I’ve never grown a goatee, I’ve never grown my hair past the nape of my neck,” Allen St. Pierre, the executive director of the National Organization for the Reform of Marijuana Laws said. “And I don’t like patchouli.”

Steve DeAngelo, the president of CannBe — a marketing, lobbying and consulting firm here — will not even use the word “marijuana.” Calling it pejorative, he prefers the scientific term “cannabis.”

More at NY Times: Don’t Call It ‘Pot’ in This Circle - It’s a Profession - NYTimes.com

Large Majority Still Favor Legalization in CA

A majority of west coast voters, and Californians specifically, believe that the adult use of marijuana should be legal, according to the results of a pair of polls conducted on behalf of CBS News.

Fifty-six percent of Californians believe that “the state of California (should) legalize the use of marijuana,” according to a SurveyUSA poll of 500 adults conducted for CBS. The survey results come less than a month after state election officials certified the Regulate, Control, and Tax Cannabis Act of 2010 for the November ballot.

More:
Opposing Views: CBS Polls Finds Majority Of Californians Back Marijuana Legalization

Medicinal pot: The conversation continues

Medicinal pot: The conversation continues
By Joel Metzger

Big changes may be coming to Calaveras County and the state of California with regard to a measure on the ballot this fall that would legalize marijuana for all Californians.

Whether that measure passes or not, it is clear that millions of Americans view smoking marijuana no differently than drinking alcohol, while others are convinced that it should remain a Schedule I drug.

It's a polarizing issue, with one side adamantly opposed to any form of legalization while the other side feels strongly that Americans should have the right to use marijuana if they so choose.

The saga of medical marijuana began in 1996 with the passage of Proposition 215, allowing persons to get a doctor's recommendation to smoke, eat and grow marijuana with the purpose of using the drug's effects to ward off a variety of afflictions.

This put California courts in a tricky situation because marijuana remained illegal from a federal standpoint.
More at the Calaveras Enterprise

Related News - The Calaveras County Cannabis Question

Strong Medicine

Medical Marijuana in the Foothills

Sheriff's Race & the Medicinal Marijuana Question

2010 Calaveras Sheriff's Candidate Shootout turns into medical marijuana enforcement
referendum.

Read the online debate!
Kuntz v. Ballard (Video included)

The Debate Poll

Tax Cannabis:A message from Richard Lee

Dear Friend,

As I'm sure you know all too well, today is the deadline to pay our taxes. Yet here in California, the revenue generated by our taxes hasn't kept up with increases in spending, which is why we're so desperate for practical solutions to fix our budget crisis.

Contribute today. Just $5 dollars can make all the difference.

That's one reason I so strongly support the Regulate, Control, and Tax Cannabis Act. According to the California Board of Equalization, our initiative could generate up to $1.4 billion in annual sales tax revenue to pay for our state's top priorities, like jobs, education, and public safety.

Contribute today


To put that number into perspective: The projected $1,400,000,000 our initiative would bring inis enough to hire more than 39,000 new teachers, 30,000 new police officers, or 21,000 new firefighters in California. Passing the initiative is just common sense -- but because of social taboos, prohibitionists, and deep-pocketed special interests, it won't be easy.

That's why we've launched our April 20 fundraising drive. So far, we've raised almost $14,000 online in small donations from grassroots supporters like you. Can you chip in $5 more to help us reach our goal, right now?

Please contribute $5 or more right now to the Control & Tax Cannabis 2010 Campaign!

In reality, the savings for California will far exceed $1.4 billion. In addition to generating so much sales tax revenue, our initiative will also free up resources for law enforcement
to prosecute truly dangerous criminals, as well as generate billions more in worker wages from the creation of tens of thousands of new jobs.

But we need your help to win in November to make this happen. Can you step up with a $5 contribution, right now?

Please contribute $5 or more to the Control & Tax Cannabis Campaign today!

As you get your taxes done this year, remember how much better off we'll be when we pass the initiative on November 2.

http://www.TaxCannabis.org


Related: Richard Lee Wiki

Tax Cannabis 2010. Sponsored

by S.K. Seymour LLC, a Medical Cannabis Provider, dba Oaksterdam
University, a Cannabis Educator. FPPC 1318272

Teachers Union Boss supports legalizaton

Watch the Video

Randi Weingarten, head of the American Federation of Teachers has come out in support of the Tax and Regulate Cannabis Act.

On "Real Time" with Bill Maher, Weingarten went on, "When something becomes a forbidden fruit, you have to spend a whole lot of time making sure that, when you say no, people don't think you mean yes."

Weingarten told the Daily News, "I don't condone children using marijuana, or any other illegal drug, just as I don't condone underage drinking. And should marijuana become legal, I believe it should remain off-limits and illegal for children."

You will remember the article Harming Our Children Through Prohibition, we discussed the dangers prohibition poses to our children. It seems that the Federation of Teachers understands the harm prohibition causes. We need to take control of the market to keep the product out of our children's hands.

More:
Head of American Federation of Teachers Randi Weingarten supports legalizing pot

Litigation to come to two counties illegally refusing to implement Medical ID Cards

Facing expensive civil litigation and state sanctions, two counties have decided that they need to use their tax resources by skirting California law.  Proposition 215 passed 14 years ago; however, Sutter and Colusa counties have failed to implement ID cards mandated by SB 420. 

"(Medical marijuana users) can get it through hospitals and pharmacies,” A county council candidate Dick Boundy incorrectly stated. “They don’t need to go through counties to get it.”

This is a waste of our tax dollars and displays the ignorance of the prohibitionist mindset. You cannot get medicinal cannabis at hospitals and pharmacies. This matter was fought all the way to the all the way to the U.S. Supreme Court — and the prohibitionists lost.

Demand your counties get smart about Cannabis and stop wasting your tax dollars.

Two California Counties Nix Marijuana ID Cards | NEWS JUNKIE POST

Prosecution of WIllie Nelsons Band Member...

Here is an example of a wonderful use of Tax Payer dollars.

North Carolina's Reefer-Madness-Crew is set to prosecute six members of Willie Nelson's band. You may recall that earlier this year, on Jan. 28 just before a Wilie Nelson concert, our heroic drug warriors rushed in and discovered the dastardly evil weed secreted within, of all places, Willie Nelson's bus! Can you imagine that? The invasion occurred just outside the Duplin County Events Center did not net Nelson himself though.  He canceled the show, apparently needing to medicate an injured hand. 

What does the drug warrior District Attorney Dewey Hudson have to say about it?

Hudson states that the musicians “are not above the law,”  but he adds that while he uphold the law, he personally would consider the legalization of marijuana. 

“A lot of experts believe alcohol does much more damage to individuals and society, and it is legal,” he said Friday. “I can see it both ways and understand the arguments.”

There comes a point when continued prohibition is just idiotic.  We are at that point.

The Associated Press: NC prosecutor: Nelson band member charges pending
Lindell Kay of ENC Today.

Harming our children through prohibition

Do you have or know a child aged 11-19 currently attending a public school in California? If so, then you likely know or should know that your child could easily score marijuana today. In fact, your child could probably get a better quantity at a better price than you. Does that bother you? It should. Ask your child: "How long would it take you to score some dank at school? What would be their answer? By lunch time at most?

Our teenagers have easy access to Marijuana and virtually any other illicit drug. In contrast, they will tell you they have the most difficulty in obtaining alcohol and cigarettes. Why is that? Those items are regulated and controlled and distributed by licensed legitimate business who stand to lose a great deal if they sell to children. On the other hand, ensuring a "blackmarket" marijuana scheme through prohibition ensures the only one regulated illegal marijuana distribution is the criminal element. In our cities, this criminal element enslaves our children in lives of crime and our children are used as lookouts, runners, and dealers. Prohibition and the market it creates causes this and other irreparable harm.

When cannabis prohibition ends a regulated, taxed, and controlled market will emerge. It will become MORE difficult for our children to access Marijuana because legitimate business will be in control of product distribution and children will simply no longer be allowed to purchase or sell it. Period.

BUT MORE KIDS WILL SMOKE IT!
What is stopping them from smoking it now? A lack of marijuana availability in the Motherlode or anywhere else?

Let me tell you, the drug warriors really screwed this one up. California's market is literally flooded with Marijuana and the kids can get it and is very inexpensive. The answer is can't be prohibition; that has been tried. The answer is to regulate it, tax it, and put that money back into our communities and our starving coffers.

We are already a quasi-legal Marijuana state now; statistics and logic do not support that prohibitionist hand wringing. Your children are harmed by prohibition and the war and black market it has caused. We need to move the entire market under our control. Who are those most vocally opposed to legalization? Dealers! They do not want to lose that control

BUT THERE WILL BE MORE TEENS DRIVING UNDER THE INFLUENCE!!
Again, what is stopping them now? Lack of availability of Marijuana in the Motherlode? I don't think so. Legalizing Marijuana does not make it legal to drive while intoxicated. It does not make it legal for teens to smoke marijuana. Since a regulated market will result in a decreased black market and increased difficulty in minors obtaining marijuana – this argument is again fear mongering and holds no basis in reality.

Are we as a society ready to continue to tolerate the harm prohibition has caused our children? Are we going to continue to allow the Marijuana market to thrive tax free? Are we going to allow the criminal element to still control a large portion of the market?

Tax Cannabis in 2010 and Regulation it. Think of our children.

 

The Initiative…

The Tax and Regulate Cannabis 2010 initiative is qualified for the California State Ballot for the November 2010 General Election.

The purpose of this site is to educate Motherlode residents on the Tax and Regulate Cannabis initiative as it relates to our county and concerns. With our local small businesses in shambles, an unemployment rate at 17.1%, and our county offices facing more budget cuts and cuts in services, we can ill afford to continue to waste our tax dollars on marijuana prohibition. Are we going to miss out on this opportunity over petty misconceptions based on government propaganda? Let's get the facts and then decide.

As California's Largest Cash Crop (despite futile enforcement efforts) it is time to put this issue on our side. Why are we allowing that industry to thrive tax free? The industry is constitutionally approved, but we need to make that work for our state. It is time to regulate marijuana in California to benefit California and our residents. Calaveras County is a rural agricultural county and stands to improve if we choose to invest in this crop and if we manage that wisely.

What does this initiative do for California?

This initiative will raise $1.4 BILLION dollars for our depleted coffers. This initiative will save millions in wasted enforcement costs. How? Right now, there is both a legal and illegal marijuana business. Both operate "tax free". Does that make any sense? You pay tax to have a beer but they get their joint tax free. We need to regulate our cannabis industry and tax it.

It is time to wasting our money chasing weeds, jailing "stoners", and chasing around an American Medical Association approved plants around the forest. We can no longer afford it. Let's put our money to the real crimes and criminal. End the waste of tax dollars and legalize.

Medical Marijuana Patient Released from Jail

It appears that certain agencies in California and specifically San Bernardino believe we have the money to waste on medical marijuana persecution. Apparently, they are unaware that Medicinal Marijuana use and cultivation is not a criminal offense. "Reefer Madness" still exists in our society and we the tax payer are subsiding our governments irrational behavior.

As was discussed on our blog here, 51 year old legal medical marijuana patient Don Lawrence was investigated, raided, has property confiscated, and then subsequently jailed for 4 months - all at great tax payer expense and personal expense to a legitimate medical marijuana patient. After all that, the charges were summarily dismissed by the county. This was not a legitimate use of law enforcement funds. This was a bungled, expensive, home invasion.

This man had 12 plants and that meant the county never had a case against this man. The county claimed he exceeded state guidelines. That is absurd since our state Supreme Court has already ruled those guidelines are unconstitutional. Furthermore, his doctor has given him a recommendation with allowance to exceed "state limit" due to his medical conditions. That didn't stop the state from wasting our tax dollars jailing and attacking this man.

Don Lawrence has been released. This is not a victory for marijuana advocates. This is a loss for the tax payer and for a family. How much did this cost our state? Did we get our "moneys worth" in a time of lay-offs and cutbacks? Was it worth the assault and robbery of this families resources?

Let's end the waste. Legalize and Tax Cannabis.

Charges dismissed against jailed medical marijuana patient - Redlands Daily Facts

Persecuted in San Bernardino…

At great tax payer expense and despite the fact the California Supreme Court has over turned California's Medical Marijuana limits, Medical Marijuana patient Don Lawrence was jailed for over four months awaiting charges. Numerous news accounts summarized on April 1, 2010:

Supporters of 51-year-old Don Lawrence say he was a patient at the THCF Medical Clinic in Riverside when police arrested him in October at his home.  He had 12 marijuana plants, an amount police said exceeded state guidelines. 

Lawrence and his two adult sons were jailed, and they all were released upon posting bail.  But Lawrence was taken into custody again Jan.  12 and his bail was increased to $500,000.  Prosecutors alleged he had two prior offenses dating back to 1994 and 1987 - the latter occurring more than 22 years ago. 

We have received an unconfirmed report that today, April 6, 2010, Don Lawrence was released. It is important we continue to be aware of these potential abuses of the power of the state. By strictest interpretation, the state may prosecute and force the defendant's hand with his affirmative defense as a marijuana patient.

This is a needless abuse and waste of our limited county resources. These cases will get dropped and stand no chance at successful prosecution unless a plea is accepted. Why do our arrogant officials continue to press, despite the expressed intent and will of our voters?

No Jury would convict this man. An update will be posted as soon as more is learned.

See also:

http://www.sbsun.com/ci_14803307

http://www.normlsc.org/wordpress/?p=258

http://www.mapinc.org/newscfdp/v10/n242/a01.html

 

 

 

 

Recreational Marijuana Use

Of all the uses of the cannabis plant, recreational use is by far the most controversial. The following information is designed to demonstrate the futility of prohibition, the wasted resources, lives, and tax dollars, and the better to manage it – through tax and regulation.

Marijuana: America's 42 Billion Dollar Question
Forbes.com Article - Link

The U.S. marijuana (trade) is a $113 billion annual business that costs taxpayers $41.8 billion in enforcement costs and lost tax revenues, according to a study to be published later Monday. The study, "Lost Taxes and Other Costs of Marijuana Laws," by Jon Gettman, contends that marijuana sales are mostly the province of teenagers and young adults. His numbers also imply that the industry is supported, in both demand prices, by a relatively few extremely heavy users.

42 Billion TAX Dollars to combat a plant that causes NO DEATHS, has Medicinal Uses recognized by the AMA, has Agricultural Uses, and is used by 25 million Americans; and those consume an estimated total of 31 million pounds of pot EVERY YEAR.

As explained by a new report in the Bulletin of Cannabis Reform the illegality of marijuana costs local, state, and the federal government billions in tax revenue. According to the federal Office of Management and Budget 28.7% of the gross domestic product – the total economic output of the country in a year – ends up in government's hands as tax revenue. So, the diversion of money into the marijuana market costs the government $31.1 billion annually.

Marijuana arrests account for 5.54% of all arrests in the United States, which spends $193 billion annually on its criminal justice system. As such, marijuana arrests account for $10.7 billion annually in criminal justice expenses.

Add it all up, and marijuana prohibition costs the US $42 billion every year.

• Fair and Balanced Look - Marijuana effects on the body - Website
  
• Is Marijuana Good For you? Time Magazine Article
  
• Cannabis the Miracle Drug - Study
  

So do you wanna get high?

A few famous stoners - apparently worth 41 Billion Tax Dollars to prosecute.

• 12 Presidents were stoners:
  - Barack Obama: "When I was a kid, I inhaled. That was the point." In his first book, Dreams From My Father, Obama
  - George Bush: "I wouldn't answer the marijuana questions. You know why? Because I don't want some little kid doing what I tried."
  - Bill Clinton: "When I was in England, I experimented with marijuana a time or two, and I didn' t like it. I didn't inhale and never tried it again."
  - John F. Kennedy: Kennedy used medicinal marijuana for his back pain and planned on legalizing it in his second term. Source: John F. Kennedy: A Biography by Michael O'Brien
  - Abraham Lincoln: "Two of my favorite things are sitting on my front porch smoking a pipe of sweet hemp, and playing my Hohner harmonica."
  - These presidents, as Generals, reportedly smoked with their troops during the civil war:
  Zachary Taylor, Andrew Jackson, Franklin Pierce who wrote to his family that marijuana was "about the only good thing" about the war.
  - James Monroe began smoking weed as an Ambassador to France and continued smoking it until he was 73.
  - Thomas Jefferson, George Washington, and James Madison all grew hemp on their plantations.
  
  

• Entrepreneurs and Scientists
  - George Washington Carver – Grew industrial hemp
  - Bill Gates - VIP Link
  
  
• Other Politicians
  - Arnold Schwarzenegger: As governor, Schwarzenegger doesn't seem to have sympathy for those who suffer arrest for what he considered harmless fun. In 1977, he told Oui magazine, "I enjoy grass and hash, no hard drugs. But the point is that I do what I feel like doing." Those were the days. In October 2007, Arnold was asked by Britain's GQ about the conflict between his stance on drugs and his former drug use. "That is not a drug. It's a leaf," Schwarzenegger said of marijuana. VIP Link
  - Peggy Noonan – VIP Link
  - William F. Buckley – VIP Link
  - Sarah Palin – VIP Link
  "I can't claim a Bill Clinton and say that I never inhaled…"
  - Newt Gingrich - "We believe licensed physicians are competent to employ marijuana, and patients have a right to obtain marijuana legally, under medical supervision, from a regulated source. …Federal policies do not reflect a factual or balanced assessment of marijuana's use as a medicant." Gingrich admitted that he smoked marijuana when he was in college. He stated in 1995 article from The Economist, "That was a sign we were alive and in graduate school in that era."
  - Al Gore:
  "During my junior and senior year of college, it was looked at in the same way moonshine was looked at in Prohibition days."
  
  
• Artists and Athletes
  - Stephen King: "I think that marijuana should not only be legal, I think it should be a cottage industry. It would be wonderful for the state of Maine. There's some pretty good homegrown dope. I'm sure it would be even better if you could grow it with fertilizers and have greenhouses…"
  -Montel Williams – Medicinal Marijuana patient and host of the popular daytime talk show, Montel. Montel uses marijuana to combat the extreme pain that comes with MS.
  -Bill Maher, host of the popular political debate show Real Time with Bill Maher, not only uses but is on the advisory board of NORML
  
  
• The List Goes On and On
  Very Important Potheads
  

  
  Dan Aykroyd Candy Barr John Belushi Lewis Black Michael Bloomberg Paul Bowles Bill Bradley Richard Branson Pierce Brosnan Christopher Buckley Lord Buckley Aaron Carter Jack Carter Fidel Castro Neal Cassady Bing Crosby David Crosby Macaulay Culkin Matt Damon Rodney Dangerfield Bob Denver John Denver Alexandre Dumas Melissa Etheridge Walker Evans Richard Feynman Ford family Errol Flynn Morgan Freeman Art Garfunkel Ringo Garza Will Geer Gilberto Gil Alan Ginsberg Jackie Gleason Larry Hagman Gary Hall Woody Harrelson Ed Harris John Hay Daryl Hannah Paris Hilton David Hockney Whitney Houston Victor Hugo Chrissie Hynde Jefferson Airplane John Kerry Queen Latifah Heath Ledger Phil Lesh John Lennon Lindsay Lohan Jack London Courtney Love Norman Mailer Bob Marley Groucho Marx Matthew McConaughey Margaret Mead Mezz Mezzrow Paul McCartney Frances McDormand George Michael John Stuart Mill Robert Mitchum Randy Moss Willie Nelson Jack Nicholson M. Scott Peck Pablo Picasso Popeye the Sailorman Francois Rabelais Ross Rebagliati Arthur Rimbaud Diego Rivera Carl Sagan Susan Sarandon William Shakespeare Donna Shalala
  Sarah Silverman Robert Smith Aaron Sorkin Sting Oliver Stone Charlize Theron Margaret Trudeau Pierre Elliot Trudeau John Trudell Ted Turner Oliver Twist Queen Victoria Pancho Villa Prince Harry Ricky Williams William Butler Yeats
  

Good Marijuana Documentaries

• How Weed Won The West
  
• The Union
  
• Part 1
  YouTube - History Channel (Hooked) - Marijuana; Part 1 of 5
  Part 2
  YouTube - History Channel (Hooked) - Marijuana; Part 2 of 5
  Part 3
  YouTube - History Channel (Hooked) - Marijuana; Part 3 of 5
  Part 4
  YouTube - History Channel (Hooked) - Marijuana; Part 4 of 5
  Part 5
  YouTube - History Channel (Hooked) - Marijuana; Part 5 of 5
  
• National Geographic - Marijuana Nation
  

A few marijuana photo galleries

• http://uncletaz.com/marijuana/marigallery/
  
• http://www.weedfarmer.com/pictures/main.php
  
• http://www.marijuana-picture.com/
  

Marijuana is used. Isn't it time to Tax it?
It's Time to Reform California's Cannabis Laws!

California voters believe that our laws criminalizing cannabis (marijuana) have failed. According to an April statewide Field Poll, a majority, 56 percent support legalizing cannabis.

The time for reform is now.

The Regulate, Control, and Tax Cannabis Act of 2010 will:

• Regulate cannabis like alcohol: Allow adults 21 and older in California to possess up to one ounce of cannabis

• Give local governments the ability to tax and regulate the sale of cannabis to adults 21 and older

• Generate billions of dollars in revenue to fund what matters most in California: jobs, healthcare, public safety, schools and libraries, state parks, roads, transportation, and more

http://www.taxcannabis.org

Commercial Hemp

Hemp Defined: (According to the North American Industrial Hemp Council) The Hemp Plant The hemp plant is harvested for its fibers, seed, seed meal and seed oil. Hemp is a distinct variety of the plant species cannabis sativa L. Due to the similar leaf shape, hemp is frequently confused with marijuana. Although both plants are from the species cannabis, hemp contains virtually no THC (delta-9-tetrahydrocannabinol), the active ingredient in marijuana. Hemp cannot be used as a drug because it produces virtually no THC Hemp Facts: http://naihc.org/hemp_information/index.html "Quite simply, hemp is the world's premier renewable resource." Hemp and Industry Source - http://www.hemp.com/hemp-university/quick-facts/ There are over 25,000 known uses for hemp. The heating and compressing of hemp fibers can create building materials superior to wood in strength, quality and cost. Hemp is heat, mildew, pest, light, and rot resistant. Hemp fabric is softer, warmer, more water resistant and more durable than cotton. Hemp fabric also uses less chemicals to produce. Industrial uses of hemp in China date as far back as 10,000 years. Hemp as a Fuel Source A bio-diesel fuel is one made from hemp oil, vegetable oil, or other animal fat(see hemp fuel). The original idea wax developed in 1895 by Dr. Rudolph Diesel, who developed the first engine than ran on vegetable oil. He demonstrated the engine at the 1900 World Exhibition in Paris, France, running the engine on peanut oil. Hemp can be blended with diesel fuel in any ratio or used alone. Biodiesel fuel is the only alternative fuel that can be used as-is, in any un-modified diesel engine. The increased use of biodiesel fuels would reduce dependence on foreign sources while increasing national agricultural jobs and revenues. The flashpoint of petroleum fuel is 125 degrees Fahrenheit while the flashpoint of biodiesel fuels is 300 degrees Fahrenheit. Biodiesel fuels have been used successfully in Europe for over 20 years. More on Hemp at Hemp University – Web Site The Trillion Dollar Hemp Crop Willie Nelson Peace Research Institute Click Here 1972: U.S.D.A. finds that hemp seed is lower in saturated fats than any other vegetable oil including soybean and canola). A Brief Glimps at Hemp History: View Full Link 8000 B.C. Hemp is woven into fabric and grows in popularity over time on a global scale to eventually provide over 80% of all textiles and fabrics, including over 50% of the fabric called linen. 1000 B.C. to 1883A.D. Hemp is the world's largest agricultural crop, providing materials to support civilization's most important industries, including fiber for fabric and rope, lamp oil for lighting, paper, medicine and food for both humans and domesticated animals. 500 B.C. to 1900 A.D. Ninety percent of the sailcloth and rigging lines used for all sea-going vessels is made from hemp. ( including the U.S. ship 'Constitution', better known as 'Old Ironsides'.) 100 A.D. Chinese discover how to make paper from hemp. 1470's King James Bible is printed on hemp paper. 1619 America's first hemp law is enacted at Jamestown Colony, Virginia, ordering all farmers to grow hemp. 1631 Hemp is 'legal tender' and taxes may be paid with hemp throughout most of the Americas. 1632 to mid `1700's Benjamin Franklin starts one of America's first hemp-rag paper mills. 1763 - 1767 Farmers who do not grow hemp can be arrested and jailed in Virginia. 1776 First and second drafts of the Declaration of Independence are written on hemp paper. 1777 The Stars and Stripes is endorsed as the Capitol Flag of the U.S.A. and made of hemp fabric. 1790's George Washington and Thomas Jefferson grow hemp on their plantations. 1837 - 1901 Queen Victoria uses cannabis resins to treat menstrual cramps, sparking enormous interest in the uses of cannabis as a medicine in the English- speaking world. 1850 U.S. census records 8,327 hemp plantations of 2,000 acres or more and an uncalculated number of small hemp farms. 1937 Marijuana Tax Act effectively bans hemp 1942 U.S. government overrides its own ban on hemp and distributes 400,000 pounds of hemp seed to U.S farmers who produce 42,000 tons of hemp fiber annually to support the war effort until 1946.

Introducing Judge James Gray

Who is Judge Gray? Judge Gray is a former drug war warrior judge now Marijuana Legalization advocate and a member of Law Enforcement Against Prohibition.

According to: http://www.judgejimgray.com

James P. Gray has been a trial judge in Orange County, California since 1983. Before becoming a judge, he served as a Volunteer in the Peace Corps in Costa Rica, a staff judge advocate and criminal defense attorney in the Navy JAG Corps, a federal prosecutor in Los Angeles, and a civil litigation attorney in a private law firm, in addition to being a Republican candidate for US Congress in 1998.

Judge Gray is advocating the legalization of Marijuana to: decrease crime, decrease availability of the drug to minors, decrease organized crime profit margins, and to avoid further detriment and costs to society.

Listen to what Judge Gray and his decades of drug war experience have taught him:

• Video 1: In Harm's way (10:43)
  
• Video 2: Reasons to decriminalize marijuana (8:10)
  
• Video 3: Medical Marijuana (6:20)
  
• Judge Gray takes on Bill O'Reilly
  

  
   

  
   

Cannabis: Medicinal Marijuana

14 States have recognized what an has known for centuries. The Cannabis plant is a therapeutic natural safe herbal medicine that can be used to treat everything from minor complaints or serious and life threatening illness.

The American Medical Association has endorsed Medicinal Marijuana on the NORML blog - Link or More Here
Wikipedia - Link

Medical Marijuana Video Primers:

• In Pot We Trust: Documentary
  
• The Union: Documentary
  
• Medical Marijuana – 60 Minutes – Part 1 | Part 2
  
• Dr. David Bearman discusses Medical Marijuana - Video
  
• Pot Wars: Battlefield California - Video
  
• The Truth about Medical Marijuana – Medical and Marijuana experts discuss medical marijuana laws.
  

California Law

• Proposition 215 (HS 11362.5) was passed in 1996 by a 56% majority of California voters in November 1996.
  The Text
  
• California Marijuana Laws | Findlaw Link
  
• Medical MJ not protected in the work place – CA Supreme Court – SacBee.com Article
  
• The Governator terminates patient rights bill - Blogged
  About the bill
  
• County and City Guidelines - Webpage
  Calaveras Co. Board of Supervisors ordinance: 6 mature plants OR 12 immature plants AND 8 ounces of bud. Two pound safe harbor dropped by Supervisors' vote 3/27/06.
  
• City of Garden Grove v. Superior Court (Kha) – News Link
  US Supreme Court affirms CA Med MJ Laws, refusing to hear San Diegos appeal
  
• Gonzales v. Raich – Article | Findlaw Link
  Feds may prosecute legal medical marijuana patients
  
• People v. Kelly – LA Times Article | Findlaw Blog | Cannabis Culture Link
  CA Supreme Court Invalidates Medical Marijuana Grow Limits
  The state's 1996 medical marijuana initiative put no limit on the amount of cannabis a patient could possess or cultivate other than to require that it be for "personal medical purposes."
  
  

Patient Resource Guides and Websites

• Pain Management of America
  http://www.medicalmarijuana.net
  
• Medical Marijuana – Drug War Facts
  
• More Lies from the feds – The DEA Position on Marijuana
  
• DrugPolicy.org - Website
  
• MedicalMarijuanaBlog - Website
  
• Medical MJ News - Website
  

  I will update this blog post as I gather more links or use the comment feature to add your own Medical Marijuana Information!
  

  
  

CalaverasCannabis.co.cc is Online

On April 4, 2010 http://calaverascannabis.co.cc went online. While still under construction, this website seeks to provide Calaveras County residents with data and information they need to make an informed decision.

Please check the site often for updates!

Just the Facts: Marijuana is safe according to the CDC???

Marijuana is a deadly drug! Well.. maybe not..

For this installment of Just the Facts, we will thoroughly research the CDC to answer the question –

Is Marijuana a deadly drug?

Methodology of research – We will research http://www.cdc.gov using Google.com
site search feature to determine the lethality of the drug vs the justification of expending billions of our tax dollars in a futile attempt to eradicate a simple plant. President Obama has in fact INCREASED drug war funding.

SPOILER ALERT. If you don't want to review the cdc.gov website below for Marijuana facts, let me just tell you there are NO DEATHS from Marijuana use. The government officials calling Marijuana a deadly drug are lying to you.

Frankly, we all know that if the Government had ANYstatistics on Marijuana deaths they would parade them through the streets like the holy grail. The fact is: Marijuana is unique because it is all natural, inmany cases a completely organically grown and safe therapeutic substance.

That is right, it is not only safe, but good for you. We will get into that in another blog post.

So here we go, to the government data center, the clearinghouse for all data on our dying - http://www.CDC.gov

Marijuana use in the United States - According to the National Survey on Drug Use and Health 2007 – Google Search

14.4 million Americans aged 12 or older were willing to admit a government survey to using marijuana at least once IN THE MONTH prior to being surveyed.

I'd say it a little differently - 14.4 Million Americans were actually willing to answer a government survey honestly and admit it, despite the war on drugs. Quadruple that to even get close.

So with that number in hand, we should have some death numbers.

Cigarette Smoking Deaths - CDC Google Search You will find several fact sheets:

The adverse health effects from cigarette smoking account for an estimated 443,000 deaths, or nearly 1 of every 5 deaths, each year in the United States. More deaths are caused each year by tobacco use than by all deaths from human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor vehicle injuries, suicides, and murders combined. Link

Alcohol Related Deaths – CDC Google Search You will find several fact sheets including

Number of alcoholic liver disease deaths: 13,050
Number of alcohol-induced deaths, excluding accidents and homicides: 22,073
So that is: 35,123 Link

Prescription Drug Overdose– CDC Google Search You will again find several handy dandy fact sheets including this Fact Sheet in Adobe .pdf format – Click HereBetween

1999 and 2005, the annual number of unintentional drug overdose deaths in the United States more than doubled—from 11,155 to 22,448 … By 2007, more teenagers used opioid analgesics recreationally than used
marijuana.

Marijuana
The federal and state governments wastes billions and billions of your tax dollars imprisoning peopleand waging war on a naturally growing weed. Howmany deaths per year justify that expenditure that quantity of our tax dollars not to mention the destruction on people’s lives? Surely,the CDC must have a Marijuana Use Mortality Fact Sheet – no they don’t. It doesn’t exist.

Surely, it must be more than at least alcohol or the 7,600 deaths per year by Aspirin, Advil, Tylenol, etc?

Source: Annals of Internal Medicine (Washington, DC: American College of Physicians, 1997),
September 15, 1997, 127:429-438. http://www.annals.org/content/127/6/429.full.pdf

Unfortunately for the prohibitionist, there are no deaths attributed directly to Marijuana use. NONE. And the number of accidental deaths BLAMED on marijuana, are negligible. CDC Google Search

The fact is Marijuana is safe. It does not cause cancer and there are no mortality statistics for marijuana. Why? Because it is not deadly.

Humorously from a CDC Marijuana Mortality Google Search you will find this mortality report – the signs and symptoms of accidental Marijuana ingestion .. mind you these symptoms arefrom the onset after eating a brownie

Drowsiness, fatigue, weakness, dizziness, ataxia, headache, giddiness, numbness, altered taste, increased appetite, itching

What a light weight! Nonetheless, even accidental brownie ingestion does not cause death.

Child birth is much more deadly.

So why are our tax dollars being wasted? Why are people put in jail? Why are our cops wasting their time crawling around fields when they could be fighting actual crime?

Legalize in November

Website and Blog Coming Soon!

Information for Calaveras County and the upcoming election.