The Most Important Court Decision You Never Heard Of ..
The U.S. Court of Appeals for the D.C. Circuit has quietly affirmed the ability of the public to hold their government accountable. Specifically, the court effectively held that agency decisions under the Data Quality Act (aka the Information Quality Act) are subject to judicial review.
The DQA gives affected persons to right to "seek and obtain" correction of information disseminated by federal agencies which does not meet OMB's standards for quality, objectivity, utility and integrity."
The most immediate implication of the decision may be for the Americans for Safe Access medical marijuana DQA case pending in the 9th Circuit.
More at Watchdog.org>>
Sunday, May 9, 2010
The Governments Annual Epic Failure: CAMP - planning meeting this weekend
This week, from May 10-13 at the U.S. Grant Hotel in San Diego state and federal troopers begin planning for the annual epic failure "Campaign Against Marijuana Planting (CAMP)".
To fail as miserably as they do every year to eradicate marijuana takes some of the top minds in law enforcement. That is no small task. The remarkable part, is each year they succeed in failing worse than they did the previous year.
You know, at least you guys get to wear cool hats and costumes.
which has failed annually since 1983 to achieve its stated goal: reducing cannabis use and availability by "eradicating" illegal grow sites.
Could marijuana save California?
In the 60s hippies fled to the backwoods of northern California to grow pot. There they have been joined by growers of 'medical marijuana' – available with a doctor's recommendation – as well as by Mexican drug cartels. With cannabis now its largest cash crop, the state will soon vote on whether to legalise it fully – and even Governor Arnold Schwarzenegger is thinking the enormous tax revenues might just solve his budget deficit…
'When I see that, it's like looking at a shed full of cows. I see a whole lot of work," says Jim Hill, opening the little gate into his humid greenhouse in which a forest of marijuana grows, and from which a pungent, heady scent exudes at gale force. Not work as in hard labour, emphasises Hill – though there is a bit of that – but expertise growing some of the most potent weed on the planet.
Nearby there are vineyards and horses graze the sun-stroked farmland, but this verdant hillside near the town of Potter Valley in northern California lies in an area called the Emerald Triangle: three counties bordered by mountains to the east and the Pacific to the west that connect the lyrical terrain north of San Francisco with the wilderness of the Oregon state line. This breathtakingly beautiful corner of earth is the marijuana capital of the western hemisphere thanks to three conspiring factors: its perfect climate; the pervading culture; and topography – this is a maze of mountain dirt roads, locked access gates, isolated villages, secluded slopes and wooded glades, far from prying eyes.
More at Guardian.co.uk>> (also a great pic!)
'When I see that, it's like looking at a shed full of cows. I see a whole lot of work," says Jim Hill, opening the little gate into his humid greenhouse in which a forest of marijuana grows, and from which a pungent, heady scent exudes at gale force. Not work as in hard labour, emphasises Hill – though there is a bit of that – but expertise growing some of the most potent weed on the planet.
Nearby there are vineyards and horses graze the sun-stroked farmland, but this verdant hillside near the town of Potter Valley in northern California lies in an area called the Emerald Triangle: three counties bordered by mountains to the east and the Pacific to the west that connect the lyrical terrain north of San Francisco with the wilderness of the Oregon state line. This breathtakingly beautiful corner of earth is the marijuana capital of the western hemisphere thanks to three conspiring factors: its perfect climate; the pervading culture; and topography – this is a maze of mountain dirt roads, locked access gates, isolated villages, secluded slopes and wooded glades, far from prying eyes.
More at Guardian.co.uk>> (also a great pic!)
Saturday, May 8, 2010
Preliminary hearing for Calaveras Medical Marijuana collective operator set for Monday
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.
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.
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 >>
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