LONDON: A group of senior British scientists has condemned the government's push to toughen the penalties for possessing marijuana, saying in a letter published Tuesday the move ignores scientific evidence.
Britain's House of Lords voted to reclassifying the drug Tuesday, and the House of Commons, Britain's powerful lower house, already approved the measure earlier this month and the Lords' vote is seen as a formality.
The Home Office said it expected the change to come into effect in January.
In Britain, drugs are classified into three different categories with "Class A" the most dangerous. Marijuana is currently classified as a "Class C" drug and the change will upgrade it to "Class B" — something the government argues is necessary in part because of the increasing potency of some cannabis varieties.
The change would reverse the relaxation of British cannabis laws in 2004 and ignore the recommendations of a government drug advisory council.
(more)
Wednesday, November 26, 2008
California Supreme Court Unanimously Limits Medical Marijuana Defense
Monday, November 25, 2008
Roger Mentch, a medical marijuana patient who provided medical marijuana and advice to several other medical marijuana patients was arrested in 2003 for distribution of marijuana. During his trial, he was not allowed to put forth a defense that his actions were protected as a primary caregiver under California’s Compassionate Use Act. Mentch was convicted and given three years of probation.
He later appealed his case, but this Monday the California Supreme Court upheld the trial court’s original ruling in a 7-0 decision. The Court has narrowly defined who is a legitimate caregiver under the Compassionate Use Act, and according to the Court, someone whose caregiving consisted primarily of providing marijuana and counseling on its use is not protected.
As a result of this decision, individuals who assist patients with cultivation and administration of medical marijuana are now more vulnerable to arrest and prosecution under California law. Other states—such as New Mexico—recognize the important role that caregivers play in providing and advising patients regarding medical marijuana and have wisely drafted their laws with broader, more protective caregiver language than California.
(more)
Roger Mentch, a medical marijuana patient who provided medical marijuana and advice to several other medical marijuana patients was arrested in 2003 for distribution of marijuana. During his trial, he was not allowed to put forth a defense that his actions were protected as a primary caregiver under California’s Compassionate Use Act. Mentch was convicted and given three years of probation.
He later appealed his case, but this Monday the California Supreme Court upheld the trial court’s original ruling in a 7-0 decision. The Court has narrowly defined who is a legitimate caregiver under the Compassionate Use Act, and according to the Court, someone whose caregiving consisted primarily of providing marijuana and counseling on its use is not protected.
As a result of this decision, individuals who assist patients with cultivation and administration of medical marijuana are now more vulnerable to arrest and prosecution under California law. Other states—such as New Mexico—recognize the important role that caregivers play in providing and advising patients regarding medical marijuana and have wisely drafted their laws with broader, more protective caregiver language than California.
(more)
Tuesday, November 25, 2008
Court ruling will limit solo pot providers
(11-24) 14:41 PST SAN FRANCISCO -- Someone who supplies marijuana to a patient who has a doctor's approval for it can be prosecuted for dealing drugs, the state Supreme Court ruled Monday in a narrow interpretation of California's medical marijuana law.
Advocates on both sides of the case agreed that the unanimous ruling will encourage Californians to obtain medical marijuana from patient cooperatives, which are authorized by a 2003 state law, rather than from an individual supplier.
"Ideally, it (the ruling) won't have a tremendous effect," said Joseph Elford, a lawyer for Americans for Safe Access, a pro-medical marijuana group. "Patients will now increasingly get their medication through collectives and cooperatives."
The 2003 law "provides an alternative outlet for patients," agreed Deputy Attorney General Michele Swanson, the state's lawyer. She said Monday's ruling applies only to a category of suppliers - those who are not the patient's caretaker or fellow cooperative member - whom the voters never intended to protect when they passed Proposition 215 in 1996.
But Lawrence Gibbs, attorney for the Santa Cruz County man who appealed his marijuana-dealing convictions, said the court "made it much, much more difficult for qualified patients to get their medical marijuana."
Although patients can turn to cooperatives or clubs, Gibbs said, the resulting centralization of cultivation and supply will make raids and prosecutions much easier for federal authorities, who are not bound by Prop. 215. President-elect Barack Obama said during the campaign that he supports a state's right to legalize the medical use of marijuana, but believes it should be subject to regulation by the U.S. Food and Drug Administration.
The ruling is the second time this year the state Supreme Court has limited the scope of Prop. 215, which allowed patients to grow and use marijuana with a doctor's recommendation.
(more)
Advocates on both sides of the case agreed that the unanimous ruling will encourage Californians to obtain medical marijuana from patient cooperatives, which are authorized by a 2003 state law, rather than from an individual supplier.
"Ideally, it (the ruling) won't have a tremendous effect," said Joseph Elford, a lawyer for Americans for Safe Access, a pro-medical marijuana group. "Patients will now increasingly get their medication through collectives and cooperatives."
The 2003 law "provides an alternative outlet for patients," agreed Deputy Attorney General Michele Swanson, the state's lawyer. She said Monday's ruling applies only to a category of suppliers - those who are not the patient's caretaker or fellow cooperative member - whom the voters never intended to protect when they passed Proposition 215 in 1996.
But Lawrence Gibbs, attorney for the Santa Cruz County man who appealed his marijuana-dealing convictions, said the court "made it much, much more difficult for qualified patients to get their medical marijuana."
Although patients can turn to cooperatives or clubs, Gibbs said, the resulting centralization of cultivation and supply will make raids and prosecutions much easier for federal authorities, who are not bound by Prop. 215. President-elect Barack Obama said during the campaign that he supports a state's right to legalize the medical use of marijuana, but believes it should be subject to regulation by the U.S. Food and Drug Administration.
The ruling is the second time this year the state Supreme Court has limited the scope of Prop. 215, which allowed patients to grow and use marijuana with a doctor's recommendation.
(more)
Marijuana expert speaks at university
By Hannah Guzik
Tidings correspondent
Ed Rosenthal stood before 400 pot plants on the stage Sunday at Southern Oregon University, as he taught locals how to successfully grow medical marijuana and grew heated himself as he railed against state laws restricting how many plants a patient can have.
There was no actual pot present at the gathering, save for the occasional smell of it on people's clothes; instead, Rosenthal projected photographs of the plants onto a large screen to a crowd of about 50 at Meese Auditorium.
Rosenthal, considered an expert in the field and author of more than a dozen books on marijuana, traveled from California to give the lecture, which raised money for SOU's Students For Truth group and Voter Power, an Oregon medical marijuana activist organization with an office in Medford.
Voter Power is working to collect 130,000 signatures to get a measure on the state's 2010 ballot that, if passed, would allow medical marijuana dispensaries to be set up, like in California. Under existing laws, Oregon patients can grow up to six plants for themselves, or have a registered grower cultivate the same amount for them.
"It's high time that people in Oregon have access to medicine when they need it," Rosenthal said before his lecture. "Nobody should be deprived of medicine when they need it."
One of the benefits of the dispensary system is that patients have access to pharmaceutical-grade pot and different tinctures of marijuana, he said.
"Patients need the best medicine they can get," Rosenthal added. (more)
Tidings correspondent
Ed Rosenthal stood before 400 pot plants on the stage Sunday at Southern Oregon University, as he taught locals how to successfully grow medical marijuana and grew heated himself as he railed against state laws restricting how many plants a patient can have.
There was no actual pot present at the gathering, save for the occasional smell of it on people's clothes; instead, Rosenthal projected photographs of the plants onto a large screen to a crowd of about 50 at Meese Auditorium.
Rosenthal, considered an expert in the field and author of more than a dozen books on marijuana, traveled from California to give the lecture, which raised money for SOU's Students For Truth group and Voter Power, an Oregon medical marijuana activist organization with an office in Medford.
Voter Power is working to collect 130,000 signatures to get a measure on the state's 2010 ballot that, if passed, would allow medical marijuana dispensaries to be set up, like in California. Under existing laws, Oregon patients can grow up to six plants for themselves, or have a registered grower cultivate the same amount for them.
"It's high time that people in Oregon have access to medicine when they need it," Rosenthal said before his lecture. "Nobody should be deprived of medicine when they need it."
One of the benefits of the dispensary system is that patients have access to pharmaceutical-grade pot and different tinctures of marijuana, he said.
"Patients need the best medicine they can get," Rosenthal added. (more)
Monday, November 24, 2008
Fuck the Feds
Modesto men sentenced in medical pot case
The Associated Press
Posted: 11/21/2008 07:08:05 PM PST
FRESNO, Calif.—Two men who ran a medical marijuana dispensary in Modesto are headed to prison after being convicted of running a criminal enterprise.
A federal judge in Fresno on Friday sentenced 28-year-old Luke Scarmazzo to nearly 22 years and 28-year-old Ricardo Montes to 20 years for manufacturing marijuana and possessing it with intent to distribute.
Drug Enforcement Administration officials say records at the clinic, called the California Healthcare Collective, showed the pair made more than $4.5 million in marijuana sales from October 2004 to June 2006.
Two jurors said last month they wanted the men to get a new trial after voting for conviction, then learning later that the punishment was so steep. (here)
The Associated Press
Posted: 11/21/2008 07:08:05 PM PST
FRESNO, Calif.—Two men who ran a medical marijuana dispensary in Modesto are headed to prison after being convicted of running a criminal enterprise.
A federal judge in Fresno on Friday sentenced 28-year-old Luke Scarmazzo to nearly 22 years and 28-year-old Ricardo Montes to 20 years for manufacturing marijuana and possessing it with intent to distribute.
Drug Enforcement Administration officials say records at the clinic, called the California Healthcare Collective, showed the pair made more than $4.5 million in marijuana sales from October 2004 to June 2006.
Two jurors said last month they wanted the men to get a new trial after voting for conviction, then learning later that the punishment was so steep. (here)
Fresno County Issues Medical Marijuana ID Cards
By Gene Haagenson
11/22/2008 Fresno, CA, USA -- Five years after voters in the state approved a measure allowing marijuana use for medicinal purposes, Fresno County has agreed to issue marijuana ID cards.
If you have a note from a doctor saying you need pot, and $107, you can get a card allowing you to be in possession of a small quantity of marijuana, for medical use.
Jena Adams, Fresno County Health Department, says "The card will allow them to possess and to grow a certain amount of marijuana and to use for their medical purposes."
It's welcome news to Diana Kirby. She uses marijuana for pain management and other medical problems. She'll be first in line to get a marijuana card. It will keep her from being arrested. "Actually it makes the police officers life a little easier and it takes a little of the fright from most of us who have to travel somewhere to get our medication."
The Fresno County Health Department is offering a packet of information on how to get a card. The information is also online. They key is a Doctor's note saying the patient needs marijuana. "We do not need to know the diagnosis, just that they qualify," says Adams.
While California law enforcement officers will not arrest someone who has pot and a valid card, it's still a federal crime. But Action News legal analyst and attorney, Tony Capozzi says the feds won't get involved unless someone has a lot of pot, or is selling it. "The federal government won't come in an prosecute someone who is using it for medical purposes, so long as the possession of that marijuana is in small quantities," says Capozzi.
Those who operate marijuana dispensaries are still subject to federal prosecution. In Fresno County possession of 6 mature, or a dozen immature plants and 8 ounces of pot will be allowed with a valid marijuana card. Cards can be applied for now. They won't be issued until December 2nd.
The intent of the law is to allow those who have a medical need for marijuana to be able to get it. It's not for recreational users. (here)
11/22/2008 Fresno, CA, USA -- Five years after voters in the state approved a measure allowing marijuana use for medicinal purposes, Fresno County has agreed to issue marijuana ID cards.
If you have a note from a doctor saying you need pot, and $107, you can get a card allowing you to be in possession of a small quantity of marijuana, for medical use.
Jena Adams, Fresno County Health Department, says "The card will allow them to possess and to grow a certain amount of marijuana and to use for their medical purposes."
It's welcome news to Diana Kirby. She uses marijuana for pain management and other medical problems. She'll be first in line to get a marijuana card. It will keep her from being arrested. "Actually it makes the police officers life a little easier and it takes a little of the fright from most of us who have to travel somewhere to get our medication."
The Fresno County Health Department is offering a packet of information on how to get a card. The information is also online. They key is a Doctor's note saying the patient needs marijuana. "We do not need to know the diagnosis, just that they qualify," says Adams.
While California law enforcement officers will not arrest someone who has pot and a valid card, it's still a federal crime. But Action News legal analyst and attorney, Tony Capozzi says the feds won't get involved unless someone has a lot of pot, or is selling it. "The federal government won't come in an prosecute someone who is using it for medical purposes, so long as the possession of that marijuana is in small quantities," says Capozzi.
Those who operate marijuana dispensaries are still subject to federal prosecution. In Fresno County possession of 6 mature, or a dozen immature plants and 8 ounces of pot will be allowed with a valid marijuana card. Cards can be applied for now. They won't be issued until December 2nd.
The intent of the law is to allow those who have a medical need for marijuana to be able to get it. It's not for recreational users. (here)
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