The most significant medical marijuana case to be heard in Calaveras County and perhaps the entire Motherlode in a over a decade begins in earnest Monday. Jay Smith is facing felony distribution, possession for sales, and cultivation of marijuana charges. His preliminary hearing is set to be heard in Department 3 before retired San Joaquin County visiting judge Hon. James E. Cadle at 1:30 pm. The defense has filed a brief asserting Smith's rights under state law as a medical marijuana patient and collective grow operator. The defense outlines statutory and case law and requests case dismissal. The defense has also filed a motion to compel the District Attorney to provide discovery, contending that the prosecution is failing to provide copies of the evidence in this case. No response by the DA was filed as of last week.
At the preliminary hearing, the prosecution must show that there is probable cause to believe that a crime was committed and probable cause that Smith likely did committed that crime. If the judge agrees with the prosecution, the case will be bound over for trial and the defendant held to answer to the charges.
Click below to view a complete summary of the case.
Saturday, May 8, 2010
Friday, May 7, 2010
Judge rules San Jose can threaten landlords of dispensaries
A judge on Friday ruled San Jose officials may continue to threaten landlords of medical marijuana cooperative with fines of up to $2,500 daily, a practice that has resulted in the eviction of at least one cannabis club.
Although Santa Clara County Superior Court Judge Kevin Murphy ruled against the medical marijuana collectives, citing a lack of sufficient evidence to issue a ban on city officials from sending the letters, he did not throw out the case entirely. Murphy will listen to arguments from both sides at a hearing June 25.
The two San Jose medical marijuana collectives that filed the lawsuit, claiming the city's practice of threatening landlords of pot clubs with fines and citations is a violation of state law, viewed the decision as a victory. Their attorney, J. David Nick, said the city sought to have the lawsuit thrown out completely.
"We maintain the city's actions are unlawful," said attorney J. David Nick, who represents two San Jose collectives. "State law contradicts what they are doing."
San Jose's code enforcement office has sent threatening letters to the landlords of 20 dispensaries, resulting in the departure from the premises of the city's first, San Jose Cannabis Buyer's Collective. Another cannabis collective, Pharmer's Health Center Cooperative, is facing an eviction hearing May 13.
"The city hates these people," Nick said. "They will do what it takes to run these people out of town."
But City Attorney Rick Doyle said it is not San Jose's intention to drive out all the cooperatives, but instead to focus attention to "shops that are clearly a nuisance." He said the city has received complaints about some of the cooperatives, including their proximity to schools and residential areas, parking issues, and kids hanging out near the shops."Those are the ones we'll put on notice," Doyle said.
More at San Jose Mercury>>The Man Behind Legalization - Richard Lee
Man behind California pot initiative is a force in 'Oaksterdam'
May. 4, 2010 - 12:00 am |
For much of his life, Richard Lee needed neither liberation nor a cause.
The Oakland medical pot entrepreneur, who spent $1.3 million to qualify this November's initiative to make recreational pot use legal in California, once lived for thundering his Harley-Davidson motorcycle down Texas highways.
His father, Bob Lee, said his son used to ride to a Houston airport, climb into an ultralight airplane and soar above the rice fields, "playing tag with the seagulls."
Lee's close friend Kurt Calivoda, with whom he worked in a Houston stage lighting business, remembers a wiry, athletic man "who could climb on anything."
No more.
Lee, 47, was paralyzed in a fall 20 years ago. Today, he's emerged as the unlikely protagonist in a marijuana legalization push that is changing California's cultural and political landscape.
He now surges forward in a wheelchair, pumping hard in fingerless gloves through an Oakland business district dubbed "Oaksterdam." He is credited with reviving the area with a medical pot network born from California's 1996 initiative legalizing medical marijuana use.
Combined, he said, his Oaksterdam University marijuana trade school, a medical marijuana dispensary, coffee shops and other businesses generate $5 million a year.
Thursday, May 6, 2010
A message from the Judge: The Honorable Jim Gray
Dear Friend,
I served as a Superior Court judge in Orange County for 25 years, so I was on the front lines of California's war on cannabis for a long time.
Here's what I learned:
California simply can't afford to continue to waste hundreds of millions of dollars and countless hours of law enforcement time targeting non-violent cannabis consumers who have hurt no one.
That's why I strongly support the Regulate, Control, and Tax Cannabis Act of 2010.
In order to spread the word about the November initiative, I've recorded a one-minute video called "Prioritize." I hope you'll take a moment to watch it -- and just as importantly, share it with your friends and family.
Click here to watch the video!
It isn't every day that conservative columnist George Will and liberal pundit Arianna Huffington agree on something. But they do agree that our war on cannabis has failed. That's because no matter what political lens you look through, it's crystal clear that our current cannabis policies are wrong.
Our police waste countless hours targeting and arresting non-violent cannabis consumers. Those arrested are then sent to court, where judges waste countless hours hearing their cases and sentencing them. Then they wind up in jail, where we waste hundreds of millions of dollars incarcerating them.
On top of this, we have thousands of people in state prisons simply because they smoked marijuana while on parole. This often puts their families back on welfare when they are placed back in prison.
Yet none of this stops anyone from consuming cannabis. It doesn't make our communities safer. It just doesn't make sense.
California has an historic opportunity in November to change all of this. We've got to seize it.
Please take a moment to watch my short video -- and then forward this email to your friends and family.
I'm optimistic that we can win in November, but only if we get active and educate California voters about the initiative.
Sincerely,
Judge Jim Gray (ret.)
Proponent, Control & Tax Cannabis 2010
3662 Marijuana Plants Erradicated in Calaveras
COPPEROPOLIS: Calaveras narcotics officers eradicated nearly 3,700 plants in an isolate grow located in the area of Copperopolis. Judging by the time of year, we speculate these must have been fairly new plants. Deputies speculate that Mexicans Nationals were cultivating the garden.
Wednesday, May 5, 2010
The Big Talk? Feel Good Movie of the Year
It's All About Drug War Money: Humboldt accepts Federal Eradication Grant
For the cops, the drug war begins and ends with money for enforcement. Whenever you hear a law enforcement officer talk about the "evil" marijuana, their point of view is fueled by the money they get. As reported:
Humboldt county officials have said that federal money for marijuana eradication is of value to the community and the enforcement it buys will continue to be necessary even if marijuana is legalized.
Tehama Approves Pot Garden Fee
Tehama County Supervisors Tuesday approved a $40 registration fee required for medical marijuana gardens.
Unfortunately for Tehama, if this is challenged, it will not hold up in court. Tehama has no authority to modify a voter approved amendment and there is no provision in Prop 215 to allow a county to require a permit to cultivate.
In November Tehama County can support the Tax Cannabis Act 2010 - If approved, that amendment will allow us to put the Marijuana industry to work for our stressed county coffers.
Cash Crop: The Golden State Gone Green
All the chatter today is about the upcoming release of Cash Crop: The Golden State Gone Green, by film producer-director Adam Ross of Sierra Films. This full length feature documentary takes a close up look at the worlds 6th largest economy, California, and our largest cash crop - Marijuana. This film takes you on the road from the Mexican border to the Emerald Triangle and the Green Queen Mendocino County. A remarkable state wide enterprise at 35 Billion dollars strong.
This movie is definitely promising to be the feel good movie of the year and begs the question, wasteful prohibition or can we harness this crop?
Berkeley looking to Tax Medical Marijuana
It looks like Berkeley is joining Sacramento in seeking to tax the booming medical marijuana industry. This speaks volumes towards the Tax Cannabis 2010 act. While some contend that you cannot tax the marijuana industry, locality after locality, using sensible regulations are doing exactly that. A press release from the Berkeley City Council states in part:
The council will (vote) on whether to approve language for a ballot measure for Nov. 2010 to amend the Business License Tax Ordinance to tax certain medical cannabis uses.
D.C. finally to join the 14 other Medical Marijuana states
It has been a long road for Washington D.C. It took 10 years for the U.S. Congress to approve a referendum overwhemingly supported. Tuesday, following a green light from the feds, Washington D.C.'s City Council approved Medical Marijuana. It now goes to the desk of Mayor Adrian Fenty, where he is expected to sign it into law. A great day!
For the cops, the drug war begins and ends with money for enforcement. Whenever you hear a law enforcement officer talk about the "evil" marijuana, their point of view is fueled by the money they get. As reported:
Humboldt county officials have said that federal money for marijuana eradication is of value to the community and the enforcement it buys will continue to be necessary even if marijuana is legalized.
At its April 20 meeting, the Board of Supervisors unanimously voted to accept a $170,000 grant from the federal Drug Enforcement Agency to help pay for the county’s marijuana law enforcement efforts. The grant covers a year that will include a statewide vote on whether to legalize, regulate and tax marijuana.
Sheriff Gary Philp said that if the marijuana legalization measure passes this November, police agencies will still have a role. And he likened legalization to the current situation with medical marijuana.
“(The measure) is very specific, that it will be up to the counties and cities to define what the laws are,” Philp said. “That kind of puts us in the position we’re at right here today – although it could become legalized, it would have limitations on its use.”
To law enforcement, the drug war is about money. In November vote, because it is your money and rights that they want.Tehama Approves Pot Garden Fee
Tehama County Supervisors Tuesday approved a $40 registration fee required for medical marijuana gardens.
Unfortunately for Tehama, if this is challenged, it will not hold up in court. Tehama has no authority to modify a voter approved amendment and there is no provision in Prop 215 to allow a county to require a permit to cultivate.
In November Tehama County can support the Tax Cannabis Act 2010 - If approved, that amendment will allow us to put the Marijuana industry to work for our stressed county coffers.
Cash Crop: The Golden State Gone Green
All the chatter today is about the upcoming release of Cash Crop: The Golden State Gone Green, by film producer-director Adam Ross of Sierra Films. This full length feature documentary takes a close up look at the worlds 6th largest economy, California, and our largest cash crop - Marijuana. This film takes you on the road from the Mexican border to the Emerald Triangle and the Green Queen Mendocino County. A remarkable state wide enterprise at 35 Billion dollars strong.
This movie is definitely promising to be the feel good movie of the year and begs the question, wasteful prohibition or can we harness this crop?
Berkeley looking to Tax Medical Marijuana
It looks like Berkeley is joining Sacramento in seeking to tax the booming medical marijuana industry. This speaks volumes towards the Tax Cannabis 2010 act. While some contend that you cannot tax the marijuana industry, locality after locality, using sensible regulations are doing exactly that. A press release from the Berkeley City Council states in part:
The council will (vote) on whether to approve language for a ballot measure for Nov. 2010 to amend the Business License Tax Ordinance to tax certain medical cannabis uses.
City Attorney Zach Cowan has suggested that one way to balance the city's current deficit is to increase the business tax on medical cannabis dispensaries from 1.12 percent to 1.8 percent, which is expected to bring in $330,000 in 2011.
D.C. finally to join the 14 other Medical Marijuana states
It has been a long road for Washington D.C. It took 10 years for the U.S. Congress to approve a referendum overwhemingly supported. Tuesday, following a green light from the feds, Washington D.C.'s City Council approved Medical Marijuana. It now goes to the desk of Mayor Adrian Fenty, where he is expected to sign it into law. A great day!
Illinois Lawmakers struggle with Medical Marijuana
This is why this needs to be a people's issue you you need to vote!:
Los Angeles city prosecutors began notifying 439 medical marijuana dispensaries Tuesday that they must shut down by June 7, when the city's ordinance to regulate the stores takes effect. It's the first step in what could be a lengthy and expensive legal battle to regain control over pot sales.
The letters, which were sent to both dispensary operators and property owners, warn that violations of the city's laws are a misdemeanor and could lead to six months in jail and a $1,000 fine. Collectives that stay open after the deadline could also face civil penalties of $2,500 a day.
More at LA Times >>
This is why this needs to be a people's issue you you need to vote!:
While lobbying at the Illinois State Capitol on Monday, supporters of legislation that would legalize the medical use of cannabis in Illinois said they hoped it would be voted on before the week’s end.
Dan Linn, executive director for the Illinois Cannabis Patients Association, was in Springfield on Monday to begin a weeklong effort to gain state legislators’ support for the bill.
Although he was uncertain, Linn – who has been advocating for the legalization of medical cannabis for seven years – said he hoped the House would vote on the bill this week, and was “cautiously optimistic” about the bill’s passage.
The Compassionate Use of Medical Cannabis Pilot Program Act, as the bill is titled, has been in the Illinois House since May 27 of last year after barely passing through the Senate with a 30 to 28 vote. Almost one year later, the bill’s chief sponsor, Rep. Lou Lang, D-16, said he is close to having a majority but does not yet want to put it up for vote in order to prevent the bill from failing.
“I believe I’m a couple of votes short, and I don’t intend to call it for a vote until I think I have those votes,” he said.
Los Angeles city prosecutors began notifying 439 medical marijuana dispensaries Tuesday that they must shut down by June 7, when the city's ordinance to regulate the stores takes effect. It's the first step in what could be a lengthy and expensive legal battle to regain control over pot sales.
The letters, which were sent to both dispensary operators and property owners, warn that violations of the city's laws are a misdemeanor and could lead to six months in jail and a $1,000 fine. Collectives that stay open after the deadline could also face civil penalties of $2,500 a day.
More at LA Times >>
Monday, May 3, 2010
Federal Ruling Places MJ Scheduling in the Spotlight
LOS ANGELES --- Federal District Court Judge George H. Wu issued a 41-page written sentencing order yesterday, stating that medical marijuana provider Charles C. Lynch was "caught in the middle of the shifting positions" on the issue and that, "Much of the problems could be ameliorated...by the reclassification of marijuana from Schedule I." Lynch gained notoriety as a federal medical marijuana defendant, who was prosecuted and convicted in 2008, under the Bush Administration, then sentenced after President Obama signaled a change in federal enforcement policy.
Judge Wu's call for the reclassification of marijuana comes as the Drug Enforcement Administration (DEA) is considering a petition, filed in 2002 by the Coalition for Rescheduling Cannabis. After a years-long review by the Department of Health and Human Services, the petition was recently sent to DEA, the final stage of the process. Acting DEA Administrator Michele Leonhart, who still must be confirmed by the U.S. Senate, has the authority to grant or deny the rescheduling petition.
More Here >>
Notably, the judge also said he believed that marijuana should be downgraded from its current federal status as a Schedule 1 drug - an illegal substance with no accepted medical use.
Steele Smith Case Continued
The Smith's issued the following statement on Monday May 3:
"Our case has been continued until July 27, 2010 @ 8:00 am, Ronald Reagan Federal Courthouse, Santa Ana, California. "
For those that don't know, this ground breaking case could change federal law.
Judge Carney in an unprecedented and landmark decision has allowed an affirmative medical defense for the first time is a United States Federal Court. This ruling was made despite marijuana remaining on the DEA’s schedule 1 narcotic list, which states in part that schedule 1 drugs have no medical value. While the prosecution has been granted 10 continuances, it would seem they are worried about the outcome of this case.
More about the background of this case
BongTvNow Presents: THC Expo Day 1
It's been awful serious of late, and no doubt these issues are serious. But a brief interlude is needed to remember what its all about.
Good people, relaxing, having fun, enjoying a natural safe high...
BongTVLIVE — May 03, 2010 — Smokey and Bong go to the THC Expose and see PonyBoy of Los Marijuanos, Zach Ward of A Christmas Story, Warren G and many more... come join us on BongTvLive.com
Good people, relaxing, having fun, enjoying a natural safe high...
BongTVLIVE — May 03, 2010 — Smokey and Bong go to the THC Expose and see PonyBoy of Los Marijuanos, Zach Ward of A Christmas Story, Warren G and many more... come join us on BongTvLive.com
Weekly News Blunt: Week Ending May 2 2010
| The Global Marijuana March Kicks Off! The 2010 Global Marijuana March, also known as the Worldwide Marijuana March kicked off May 1, 2010 from San Francisco to Austin, Texas, to Canada, tens of thousands marched to legalize the therapeutic plant. In Austin, Texas, where strict southern justice is still doled out for even simple possession, hundreds rallied. "It's not a war against drugs it's a war against people, it's a war against your personal liberties and personal freedom," shouted one supporter. Cannabis Culture is providing full coverage and numerous other video and photos. |
CANNABIS CULTURE : The 2010 Global Marijuana march, also known as the Worldwide Marijuana March, was recorded on video by media organizations and thousands of viewers like you - here are the videos.
CLICK
HERE for media coverage of the 2010 Global Marijuana March
Sacramento Rally on May 10, 2010
Headline Blurbs:
Sacramento may tax medical pot to ease budget woes
rlillis@sacbee.com
Sacramento City Hall is wondering whether medical marijuana could help ease its budget pains. Faced with a $43 million deficit for the upcoming fiscal year, city officials are exploring a local sales tax or business operations tax on medical marijuana dispensaries, interim City Manager Gus Vina said. More Here>>
Medical Marijuana: NJ Patient John Wilson Freed on Appeal Bond, Lawmakers Call for Pardon
New Jersey medical marijuana patient John Wilson walked out of prison freed on bond while he appeals his five-year prison sentence for growing his own medicine. Wilson, a 37-year-old with multiple sclerosis, had served five weeks of his prison sentence in a succession of local and state jails and prison when a court ruled Monday he could be freed on bond pending appeal. More on this sad story:> and Here
Check this out, published this week - an amazing infographic
Are marijuana users treated unfairly? Click Here
Dispensaries Sue Costa Mesa over ban
More dispensaries sue local governments over dispensary bans. How long until the tax payers wake up and legalize and regulate this market? Costa Mesa Lawsuit
Great OpEd in Sign On San Diego
Legalizing marijuana not really a dopey idea
By Michael Stetz, UNION-TRIBUNE COLUMNIST
Who knows, in the near future, on a Friday night after a tough week of work, those so inclined could legally fire up a joint.
And who knows, by California allowing that, some of this might happen:
A) The tax base gets a much-needed bump.
B) Cops can chase real bad guys, not recreational pot smokers.
C) The medical marijuana farce goes up in smoke because the drug can be had legally. (A lot of bad backs? Mysteriously cured!)
D) And another possible consequence: Prisons would have more room to house society’s worst criminals, particularly violent sex offenders.
The proposed Chelsea’s Law includes a one-strike penalty against those who commit forcible sex crimes against children. It’s named for Poway teenager Chelsea King, killed by convicted sex offender John Albert Gardner III.
There’s one problem, though. Prisons are jammed.
So is it time to take the bold step and legalize marijuana, which might help ease the problem? Momentum for it is growing.
A referendum will be on the November ballot, permitting personal use of the drug for those 21 and over. Cities or counties could allow for its sale and tax it. (Or not, it’ll be up to them.) It’ll also be OK for people to grow small amounts of it.
“It would free up prison spaces for really, really bad guys,” said Aaron Smith, California policy director for the Marijuana Policy Project.
BUSINESS BOOMING FOR MEDICAL MARIJUANA DOCTORS
by Toni Scott, (Source:Chico Enterprise-Record)
| |
CHICO -- Every Tuesday, Nikki Koons is reminded that the demand for medical marijuana is great in Chico. Koons is the office manager for Chico Natural Care For Wellness, a doctor's office that specializes in recommending medical marijuana for qualified patients.
Tuesdays are the days that Dr. Cristal Speller takes in new patients, and the days Koons said are the busiest of the week.
"It's pretty packed," Koons said. "Every week we probably see 40 to 60 new patients."
The East Avenue office has been open for about three years, Koons said, and in that time, the practice has built to approximately 4,000 patients, mostly from Butte County.
Although Koons said she sees a "wide variety" of people with a multitude of ailments, she said the top two conditions people come in with are anxiety and chronic pain. She noted some patients have mentioned obtaining medical marijuana from dispensaries that have popped up in the city.
She said she sees patients come in to Natural Care for Wellness in wheelchairs and carrying bags full of pills, often looking for a medical option that doesn't include the side effects prescription medications can bring. Although there is a stigma associated with medicating with marijuana, Koons says the people she encounters simply want an alternative to ease their pain.
"A lot of it has nothing to do with smoking pot," Koons said.
Website: http://www.chicoer.com/
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