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Election Brings New Hope for Reform in 2009

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Election Brings New Hope for Reform in 2009 ... Turning over a new leaf. FREE! www.WestCoastLeaf.com ISSN 1945-221X • Volume 1 No. 4 Winter 2009 ELECTION BRINGS NEW HOPE FOR REFORM IN 2009 Mass decrims cannabis; Michigan legalizes medical; Cal courts curb Big Island defunds copters s the indoor s By Bruce Mirken* Marijuana Policy Project come un caregiver defense, Cannabis reform efforts enter the year 2009 ere with a more promising playing field. H butane oil-making Largely under the radar of the political chattering classes, voters dealt a stunning Cannabis collective members blow to America’s war on cannabis in 2008, retain broad legal protection handing huge victories to two state ballot By Chris Conrad West Coast Leaf initiatives that had strong backing from the Marijuana Policy Project (MPP). The California State Supreme Court took a restrictive view of the “primary caregiver” Michigan voters made their state the definition Nov. 24 in its People v. Mentch 13th to allow medical use of cannabis, decision that excludes most people from passing Proposal 1 by 63 to 37 percent. using that legal defense. Mentch had Massachusetts voters by 65 to 35 percent sought to expand the caregiver definition decriminalized possession of up to an to include providing cannabis to many ounce of cannabis; replacing arrests, legal patients. The ruling leaves intact the earlier fees, court appearances, the possibility of RETREAT TO THE GREAT INDOORS — Even though it’s winter, West Coast farmers can still look People v. Urziceanu‘s broad protection for jail and a lifelong criminal record with a forward to a harvest from an indoor garden. Whether it’s to pull in a crop that will get them patients who collectively engage in cultiva- $100 fine, much like a traffic ticket, that can through the winter or just getting an early start on the springtime outdoor planting season, tion and distribution. be paid through the mail. knowing the basics of how to maintain a grow room is a key. Story inside. West Coast Leaf photo. A separate Appeals Court decision, Reformers rolled up a string of local People v. Bergen, held that it is legal for qual- victories. Proposition JJ in Berkeley (CA) ified patients and collectives to possess will improve access to dispensaries. Licensed ND hemp farmers sue DEA for permits foods, tinctures, liniments, hashish, kief or Measures passed in Fayetteville (AR) and marijuana are the same, as DEA has hash oil as well as to make most of those Hawaii County (HI) making adult posses- Favorable decision could wrongly contended. Scientific data shows products — except if using a solvent such sion offenses the lowest priority for local bring back US farming crop that not only are oilseed and fiber varieties as butane to extract resin as hash oil, or Continued on page 4 By Adam Eidinger VoteHemp of Cannabis genetically distinct from drug Please turn to page 5 For the first Documents online at VoteHemp.com/legal_cases_ND.html. varieties, but there are absolutely no psy- time, America Two North Dakota farmers, who filed a choactive effects gained from eating it. Rep. has chosen landmark lawsuit in June 2007 to end the a President Monson observed oral arguments. DEA goes after Santa Drug Enforcement Administration’s (DEA) who not only “Given North Dakota’s unique regula- ban on commercial hemp farming in the smoked tory regime, nothing leaves the farmer’s Barbara dispensaries cannabis but US, were heard Nov. 12 in the US Court of property except those parts of the plant By Brendan Hamme Measure P Oversight made a point Appeals for the Eighth Circuit. Oral argu- to inhale; Congress has already decided should be Committee Patient Representative ments before the three judge panel cen- who voted exempt from regulation: hemp stalk, fiber Although it once seemed an idyllic sanctu- as a state tered on the assertion that because there is seed and oil,” argued attorney Joe Sandler. ary for patients, with over 20 cannabis out- legislator no possibility the hemp crop could be “The question is whether there is any lets, Santa Barbara dispensaries have again to restore diverted into drug markets, the Commerce industrial rational basis for Congressional regulation been shut down by the DEA, which has Clause does not allow DEA to regulate hemp; and of the plant itself growing on the farmer’s decided to make an example out of them. repeatedly industrial hemp farming in the state. If suc- property. The answer is no — because After their letter-writing campaign threat- has promised cessful, the suit will lead to the first state- to cut support for DEA raids in states where industrial hemp is useless as drug marijua- ening asset forfeiture in the summer of regulated commercial cultivation of indus- medical marijuana has been legalized. na and there’s no danger of diversion, so 2007 resulted in a mere temporary closure trial hemp in over 50 years. The court’s there’s no possible impact on the market of local co-ops and collectives, the DEA decision is not expected until next year. for drug marijuana.” turned up the heat. Pressing Obama for The farmers, ND State Rep. David The government’s arguments centered In August 2008, they resorted to a direct Monson and seed breeder Wayne Hauge, meaningful change on the idea that the plaintiffs should apply meeting in the county District Attorney’s are appealing a decision by the US District to the DEA for permission to grow hemp office between landlords renting to dispen- California NORML Court of ND on a number of grounds; in By Dale Gieringer and the court didn’t have jurisdiction over saries, DEA agents and lawyers from the particular, the Court ruled that hemp and Encouraged by the election, cannabis advo- Please turn to page 8 Department of Justice. This marks the first cates are calling on President-elect Obama time the DOJ has conducted in person to make good on his pledge for change. In meetings — action taken, according to Cal particular they want Obama to fulfill his Medical discrimination suit filed against DMV NORML, at the behest of wealthy donors one major pledge on cannabis, namely to to the Republican party from a notoriously end the DEA’s medical marijuana raids. ASA fights revocation of qualified patient’s driver’s license conservative district of the city. Faced with As stated in a release by the Obama for By Kris Hermes Americans for Safe Access medical marijuana patient.” seizure of their property, every dispensary America campaign: “Many states have Americans for Safe Access (ASA) filed a Advocates assert that the DMV policy in town shut down as of Sept. 19. laws that condone medical marijuana, but lawsuit against the California Dept. of of suspending and revoking the licenses of Until the DEA’s initial letter writing the Bush Administration is using federal Motor Vehicles (DMV) Nov. 19 on behalf of cannabis patients is widespread, occurring campaign, Santa Barbara’s collectives oper- drug enforcement agents to raid these facil- a 53-year-old patient from Atwater. Despite in at at least eight counties, including ated smoothly for years. Although the ities and arrest seriously ill people. her clean driving record — not having Alameda, Butte, Contra Costa, Glenn, ACME Collective garnered some media Focusing scarce law enforcement resources caused an accident in 37 years of driving — Merced, Placer, Sacramento, and Sonoma. attention for a series of incidents, including on these patients who pose no threat while the DMV revoked Rose Johnson’s license License revocations by the DMV, which a gang fight and an attempted break-in, it many violent and highly dangerous drug July 26 because of her status as a legal have been based on a person’s status as a closed down rather quickly. Just prior to traffickers are at large makes no sense. cannabis patient. The DMV refused to cannabis patient, are often rationalized by the DEA’s recent action, the city passed Senator Obama will not continue the Bush renew her license after obtaining her med- label them “drug abusers” despite having first a unanimous, six month moratorium policy when he is president.” ical records and learning that she was a no evidence of the claim. on new dispensaries, then dispensary In furtherance of this pledge, advocates qualified patient. According to the DMV, In 2007, Merced — the county in which guidelines with zoning restrictions and a are urging the new administration to her license was revoked “because of...[an] Johnson lives — implemented a police pol- licensing process in hopes of avoiding fur- respect state cannabis laws; desist from addiction to, or habitual use of, [a] drug,” icy that instructed its Sheriff deputies to ther negative attention. The dispensaries arrest and prosecution of medical marijua- thereby rendering her unable to safely respect state law and not to cite medical themselves also had recently banded na defendants; and pardon federal medical operate a motor vehicle — even though no cannabis patients or seize their medicine. together to institute self regulation. marijuana convicts, many of whom face evidence existed to substantiate this claim. “The DMV is not under a different set Santa Barbara patients gathered down- lengthy sentences. “The DMV cannot simply disregard of requirements than local police in town in late August to protest the DEA, There is little expectation that the California’s medical marijuana law,” said California,” said Elford. “The failure to organized in part by dispensary owner administration will move quickly or dra- ASA Chief Counsel Joe Elford, who is rep- uphold California’s medical marijuana law Mark Russell. Accompanied by Elvy matically to change federal drug policy. resenting Johnson in her case.. “When vot- is entirely inappropriate for any local or Musikka, one of the few remaining federal Drug reform received disappointingly ers enacted the Compassionate Use Act, state agency.” The lawsuit filed by ASA is IND patients to receive federal medical scant attention in this year’s campaign.
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