The Polling Disparity and other News Blunts July 29

The Broadus Effect:
LA Weekly

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

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

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

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

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

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

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

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

More at LA Weekly>>

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

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

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

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

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

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

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

More at LA Times >>

Prop 19: The Battle of the Polls

News Blunts - 7-27

Medical Marijuana Legal in Washington D.C.
Washington Post

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

Former San Jose Chief of Police: Legalize Pot
SF Chronicle

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

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

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

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

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

Sutter Creek looks to impose moratorium
Ledger Dispatch

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

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

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

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

San Jose Looks to Tax Medical Marijuana
San Jose Mercury

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

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

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

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

Prop 19 PPP
Support 52%
Oppose 36%

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

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

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

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

Jay Smith Case Set to be continued

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

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

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

VA Changes Rules, Allows Medical Marijuana Use

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

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

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

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

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

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

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

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

More at NY Times>>

Oakland Legalizes Large Scale Medical Marijuana Farms

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

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

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

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

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

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

More>>

News Blunts for July 19

State precedent to be set in Anaheim Appeal Case

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

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

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

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

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

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

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

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

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

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

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

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

Complete Upland Story at Contra Costa Times >>

California Democrats neutral on Proposition 19
The Associated Press

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

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

Complete Story at SJ Merc >>

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

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

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

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

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

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

Complete Story >>

Union Support Grows for Prop 19

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

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

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

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

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

More at LA Times>>

San Jose Mercury News Editorial: Vote Yes on Prop 19

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

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


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

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

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

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

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

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

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

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

Publish Post

More at SJ Mercury >>

Federal DIspensary Raids Continue

Patient Advocates Condemn Federal DEA Raids in San Diego

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

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

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

More at ASA>>

Calaveras takes 5th Place in Marijuana Arrests Per Capita

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