Big Win for Cannabis at Cal Supreme Court
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The Cannabis FREE Newspaper of Record www.WestCoastLeaf.com ISSN 1945-221X • Volume 3 No. 1 Spring 2010 Big Win for Cannabis at Cal Supreme Court Kelly decision maintains safe harbor, patient collectives; Clinical studies confirm strikes down quantity limits medi-cannabis efficacy By Chris Conrad By Paul Armentano NORML Deputy Director The California State Supreme Court gave Peer-reviewed clinical studies released Feb. patients a unanimous victory Jan. 21 in its 18 repudiated the basis for the federal ban long-awaited People v Kelly decision. on cannabis as being a Schedule 1 drug The Court handed patients a four-way with “no currently accepted medical use.” win. It affirmed the constitutionality of the The results of a series of randomized, Medical Marijuana Program (MMP), com- placebo-controlled clinical trials assessing monly known as the SB 420 patient ID sys- the efficacy of inhaled cannabis consistent- tem. It affirmed state and local guidelines ly show that cannabis holds therapeutic as a safe harbor from arrest for patients in value comparable to conventional medica- the state ID-card program. It struck down tions, according to the findings of a 24- the nominal quantity limits on a patient’s page report issued to the state legislature legal defense. It affirmed the consitutional- by the California Center for Medicinal ity of state patient collectives. Cannabis Research (CMCR). In other words, while preserving all The studies come in the wake of last existing patient and collective protections, year’s American Medical Assn. (AMA) the ruling means that every patient is enti- policy shift to support cannabis research. tled to cultivate and possess a reasonable INSURING QUALITY — As cannabis businesses emerge into the mainstream, they face the same Placebo-controlled clinical crossover trials — but not unlimited — supply of cannabis, insurance needs as other companies. Max Del Real and Michael Aberle are seen inspecting the are considered to be the ‘gold standard’ budding crop of a potential client for Statewide Insurance. Story inside. regardless of state or local policy. method for assessing the efficacy of drugs The Court held that the MMP volun- under the US FDA-approval process. tary statewide program with its ID cards, California voter initiative collects, hands Four of the five trials demonstrated safe harbor, local guidelines and doctor’s in sigs in less than half the time allowed that cannabis significantly alleviated neu- exception can spare patients from arrest ropathy, a difficult to treat type of pain and does not violate Prop 215. It held that By Chris Conrad Proponents of the Tax Cannabis 2010 resulting from nerve damage. Two addi- the default HS 11362.77(a) quantity limit of For the first time since 1972, California vot- initiative, TC2010, collected and turned in tional clinical trials are ongoing. eight ounces plus six mature or 12 ers will have an opportunity to cast ballots nearly 700,000 signatures Jan. 28, much “There is good evidence now that Please turn to page 10 for legal adult cannabis this November. more than the required 433,971, using only cannabinoids (the active compounds in the 40 percent of the time allotted by law. cannabis plant) may be either an adjunct or The initiative takes a restrained Please turn to page 15 Legalization still active in Cal legislature approach to control cannabis by legalizing Ammiano’s AB 2254 bill is prohibition has been a tragic failure,” said adult personal possession of one ounce Ammiano. “Our prisons are overflowing plus a very small garden. It gives localities LA passes ordinance, identical to earlier language the option of allowing taxed and regulated and it’s easier now for teenagers to get launches crackdown on By Dale Gieringer California NORML marijuana than alcohol. But yet we contin- cannabis sales, and forbids sales to minors. California Assemblyman Tom Ammiano ue to spend our limited resources on a Please turn to page 10 a score of dispensaries (D-S.F.) has re-submitted his bill to legalize, failed war on drugs instead of education, By Kris Hermes Americans for Safe Access tax and regulate cannabis. The new bill, AB health care or job training. With this bill, 2254, is identical to its predecessor, AB 390, California can finally have a policy With Mayor Villaraigosa’s signature, the which was approved by the Public Safety towards marijuana that reflects reality.” second largest city in the country adopted an ordinance Feb. 3 to regulate the sale of Committee in January but ran out of time In a separate move, Sen. Ronald medical marijuana and establish rules for to be heard on this year’s calendar because Calderon (D-Montebello) announced a bill operating dispensing collectives and coop- it had been introduced last year. to tax sales of medical cannabis. Calderon’s eratives, otherwise known as dispensaries. AB 2254 would establish a statewide bill would require vendors to pay a state The Los Angeles City Attorney’s office system of licensed production and sale of license fee to sell medical cannabis, and tax soon began filing lawsuits and sending cannabis like that for alcohol. Cannabis it at a rate “equivalent” to tobacco products eviction letters to 21 locations on Feb. 18. would be legal for adults 21 and over, and – an amount not clearly specified in the bill. personal-use cultivation of up to six plants Calderon’s proposals would do nothing to Although patient advocates were able would be allowed. Existing medical mari- advance the legal status of cannabis, med- to improve parts of an ordinance that took juana laws would not be affected. Non- ical or otherwise. Calderon’s office has more than two years to develop, provisions medical cannabis would be assessed a declined to discuss plans for the proposals, in the final version will effectively shut $50/ounce excise tax. which have met a cool reception in TURN-IN — TaxCannabis 2010 proponent down nearly all the existing facilities and Richard Lee (l) and petition consultant Ken make it almost impossible to locate any- Unlike the proposed Tax Cannabis 2010 Sacramento and seem likely to die without Masterton turned in thousands of signatures initiative on this year’s ballot, which receiving legislative hearings. to the Alameda County Registrar Jan. 28. where in the city. Specifically, advocates Once the signatures are validated the initia- point to a ‘poison pill’ provision that would establish a local option system with Please turn to page 11 tive will get its number. WCL photo by Mikki Norris continued felony penalties for sales, manu- would prevent dispensaries from operat- facture and transport except in localities ing anywhere near residential property or that decide otherwise, Ammiano’s AB 2254 New Jersey becomes 14th medical marijuana state within 1,000 feet of a laundry list of so- would legalize sales and production on a called ‘sensitive uses,’ including schools, statewide basis. By Ken Wolski, RN, MPA take responsibility for the patient’s on- libraries, parks and churches. Executive Director, Coalition for Medical Marijuana going condition. Qualified resident Advocates hope that it will move for- “This is a bittersweet victory for med- Outgoing Governor Jon Corzine signed the patients will be issued ID cards in a pro- ward for hearings by the Assembly Health ical marijuana patients in LA,” said Don Compassionate Use Medical Marijuana Act gram run by the state Dept. of Health and Committee. The legislature has yet to hold Duncan, state director with Americans for into law on Jan. 18, 2010 making New Senior Services (DHSS). Safe Access (ASA), the nationwide advoca- hearings on the health aspects of legal Jersey the 14th medical cannabis state. cannabis. Recent years have seen mounting Patients will obtain cannabis from cy organization that played a pivotal role The new law removes statewide penal- evidence that cannabis is safer than previ- alternative treatment centers that operate in convincing the City Council to reject a ties for the possession and use of up to two ously imagined – for example, that it does- under permits from the DHSS. These cen- proposal banning medical marijuana sales. ounces of cannabis a month when a n’t cause lung cancer and is a minor high- ters will be authorized to grow, harvest and “Although historic, the passage of medical licensed physician recommends it for qual- way safety hazard. sell cannabis and related supplies to marijuana dispensary regulations in LA ifying medical conditions, including can- patients or their caregivers who possess has been undermined by restrictions that Meanwhile, the state’s budget crisis cer, AIDS, multiple sclerosis, muscular dys- valid ID cards. These centers will be tightly threaten to wipe out nearly all of the dis- remains a potent force for legalization. The trophy, seizures, ALS, Crohn’s disease, regulated by the state. The DHSS will mon- pensaries in the city.” Legislative Analyst’s Office has estimated glaucoma, intractable muscle spasticity, or itor, oversee and investigate all activities that the bill would net the state $1.4 billion. Although the city adopted a moratori- a diagnosis of less than 12 months to live. performed by these centers. um, or Interim Control Ordinance, in 2007 “It’s obvious that the existing model of The recommending physician must Please turn to page 25 Please turn to page 29 Spring 2010 Page 2 West Coast Leaf West Coasterdam Report Seattle Hempfest expanding mid-August event to a third day The World’s largest cannabis reform rally will be even bigger in 2010 by adding a third day in Myrtle Edwards Park, Seattle WA, Aug. 20-21 from noon to 8 p.m. More than 90 bands, hundreds of vendors and many of the foremost reformers will be on hand. Last year’s political/ cultural event drew an estimated crowd of more than 300,000 attendees.