Are you under the delusion that marijuana is legal in California??? Check out this 2012 crime report. Over 21,000 Arrested in California on Marijuana Charges in 2012
LET'S END THIS MADNESS!!!!

http://www.canorml.org/news/2012_marijuana_arrest_data

#C.A.R.E. #JustLegalizeIt2014 #HempCanSaveThePlanet 
 
 
Unfortunately the cat is out of the bag in regards to concentrates. I had hoped that it would not get popular until we achieved legalization in the US. I think this not only complicates the issue, but opens up the opposition to new weapons to use against us. What we need to remember is that responsible cannabis use would include concentrates IF they are being used to regulate dosing. High concentrates of cannabis can allow the patient to smoke LESS since it's so highly concentrated and that is a good thing! ~Susan Soares
 

by Mark Kleiman

A friend who follows drug policy is puzzled by this line in a Reuters story about the semi-final rulemaking for Washington’s regulated cannabis market.

Responding to concerns of fueling a black market, the board also clarified that highly potent marijuana extracts,which have gained in popularity in recent years, may be legally sold so long as they are adulterated with at least trace amounts of an inert substance, such as vegetable oil.

Yes, it’s rather hard to figure out what that means, but the reporter – working within space constraints – can certainly be pardoned for not explicating fully. Here’s the story as I understand it:

The Liquor Board faced a legal question and a policy question.

The legal question is whether the initiative-passed statute the Board is supposed to implement, which permits the sale of ”useable marijuana” (defined as flowers) and of “marijuana-infused products,” does or does not allows the sale of concentrates such as hashish or “hash oil.” The lawyers for the Board decided that it didn’t. But – as I among others pointed out – that created a definitional puzzle. Clearly, a drop of butane hash oil in a gallon of olive oil would constitute a “marijuana-infused product.” But how about a drop of olive oil in a gallon of BHO? At what magical point does diluted BHO become infused olive oil?


 
 
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Posted on May 30, 2013 at 9:56 pm
Susan Soares

A new advocacy group called SAM (Smarter Approach to Marijuana), co-founded by Patrick J. Kennedy, a former congressman and self-admitted alcohol and oxycodone addict, proposes treating marijuana use in the following manner: “Possession or use of a small amount of marijuana should be a civil offense subject to a mandatory health screening and marijuana-education program. Referrals to treatment and/or social-support services should be made if needed. The individual could even be monitored for 6-12 months in a probation program designed to prevent further drug use.” But is this forced treatment for marijuana warranted?

In Psychology Today’s “Is Marijuana Addictive?,” the authors compared marijuana to other substances and found that it does not pose the same risks of dependence. It is estimated that 32% of tobacco users will become addicted, 23% of heroin users, 17% of cocaine users, and 15% of alcohol users. Yet only 9-10% of regular marijuana users will ever fit the definition of dependent . Moreover, the other substances are objectively more harmful than marijuana. So what is the incentive for this push for treatment centers for marijuana use when Mr. Kennedy knows from available evidence and personal experience that alcohol and pharmaceutical drugs are far more harmful? Based on my own personal experience, I think I have at least part of the answer.

About a year ago, I was put through some marijuana re-education of my own when I had to attend court-ordered Deferred Entry of Judgment classes. Every Wednesday night for 18 weeks, I met with a health department leader and other unfortunate drug war casualties. The class would start off with roll call and paying a weekly fee. We would watch a video on addiction or the teacher would read some course work to us. Then he would give us some questions that we were required to answer. Most of them were things like, “How does your addiction affect your daily life”?

At first I quietly just didn’t answer most of the questions or I just wrote in, “I’m not addicted. I use cannabis as a medicine. It helps me control my migraines.” The teacher started singling me out by reading my answers, thinking that I would buckle from public shame.

It’s important to realize that the attendees in the Deferred Entry of Judgment classes were given a free pass from the court and they are scared of going to jail. Defendants who are offered a DEJ have no prior record or they have stayed out of trouble for over 5 years and have no violent crime history. A DEJ means that after you complete the program, you can say that you were never arrested. It’s a way to run a LOT of drug related cases quickly through the judicial system using fear. If you don’t make it through the program the court will order you to jail for what ever the sentence was without any hearing because you have already plead guilty. Typically the DA overcharges a defendant in order to entice a plea deal so that is a scary prospect.

But I didn’t buckle when I was presented with quiz after quiz that asked me to admit to addiction. I stood up for myself. Without cannabis, my life would again center around debilitating migraines, which honestly were driving me toward suicide.

After I started speaking up, I was approached by almost everyone in the class. They all had heartbreaking stories and also felt like they were being herded through a BS program, but you do what you have to do and so they answered the questions as if they believed they were addicted.

In the end, the instructor graduated me early to get rid of me and didn’t even pee test me because he knew it would come up positive for THC.  He was aware of my court documents stating that I could not only smoke cannabis but grow it.

Under the guise of “treatment,” what they were doing was working on creating statistics that would support a HUGE money grab for more services and create a story of crisis that doesn’t really exist!

Published in CNN Money’s Private equity’s rehab roll-up In February 2006, Bain Capital (yes, the company that clean-livingMitt Romney used to run) purchased an outfit called CRC Health Group for $723 million and proceeded to go on a shopping spree, snapping up nearly 20 new treatment facilities over the next two years. The company took a breather during the financial crisis, but in 2011 resumed its buying binge with the purchase of some smaller treatment centers.

Rehab, it turns out, is a pretty good business. Is rehab roll-up-able? In the most basic sense, the answer is yes. But are these treatment centers working to end addiction or is it all about the profit margin?

All treatment programs are not created the same. “CRC uses a cookie-cutter approach,” says Dr. Howard C. Samuels, an addiction specialist and licensed practitioner based in Hollywood. “It’s the assembly line of recovery.” Samuels, who runs his own 14-bed facility, the Hills Treatment Center, says that he used to refer patients to CRC, but ceased doing so when he felt that bureaucracy and the bottom line had overwhelmed concern for individual treatment.

One word I hear over and over again when cannabis activists get together is “WHY?” As in, “Why on earth do we continue to punish adults who simply choose to relax with marijuana instead of the more harmful substance, alcohol?” I think the answer is clear. Follow the money!!!!

by  Susan Soares ~ Coalition for Cannabis Policy Reform Fundraising Chair





 
 

By Peter Hecht
phecht@sacbee.com
Published: Wednesday, Feb. 27, 2013 - 12:00 am | Page 3A
Last Modified: Wednesday, Feb. 27, 2013 - 7:46 am
California voters favor legalizing pot for recreational use, strongly support the existence of medical marijuana dispensaries and want the feds to butt out of the California cannabis business.

In a California Field Poll released today, voters – by a 54 to 43 percent margin – say they want California to legalize marijuana beyond medical use with regulations similar to alcohol.

In the state with America's largest medical marijuana industry, the poll found that 67 percent of voters oppose an ongoing crackdown by the state's four U.S. attorneys on businesses selling pot for medicinal use.

The statewide poll was conducted little more than three months after voters in Washington and Colorado each passed measures to legalize marijuana as a mere pleasurable pursuit – upping the stakes in America's marijuana debate.

The poll results indicate continued strong support for medical marijuana as the stateSupreme Court is deliberating on whether scores of California cities and counties can ban marijuana dispensaries.

Meanwhile, California voters across party lines seem to be taking issue with federal threats, raids and prosecutions involving medical marijuana businesses.

The state's four U.S. attorneys have brought criminal cases against some medical marijuana providers and growers and sent letters threatening seizures of properties of others.

While all marijuana use is illegal under federal law, U.S. prosecutors assert California's medicinal cannabis industries have been "hijacked by profiteers" violating both state and federal laws.

In the poll of registered voters in early February, 68 percent of Democrats, 55 percent of Republicans and 78 percent of independents said they oppose the federal crackdown.

"It's certainly not winning over the hearts and minds of Californians," state Field Poll Director Mark DiCamillo said of voters' reactions to federal enforcement efforts. "The getting tough policy by the feds is not impacting public opinion in a positive way."

Poll respondent Stewart Hintz, 47, a Republican from Rocklin who doesn't smoke marijuana, said the federal crackdown was inevitable because dispensaries appear to be drawing numerous people with little or no medical need. But Hintz said, it's time for pot to be legal – and for the government to back off.

"Once (alcohol) prohibition was repealed, the feds pretty much took their hands off – and I think that's the best model," he said.

Some 58 percent of Field Poll respondents also said they favor allowing medical dispensaries in their cities or towns, with the stores strongly supported by voters in Northern California, the San Francisco Bay Area and Los Angeles County and modestly supported elsewhere in Southern California.

"I haven't seen any substantive negatives" about dispensaries, said Patrick Cole, an independent voter in Butte County who last tried marijuana in college nearly four decades ago. "The executive branch gets on its high horse about how insidious this is and how it's corrupting our neighborhoods. Yet there is a liquor store on every corner."

The poll results drew a spirited response from the director of California's largest medical marijuana dispensary.

"This poll … heartens me and makes me feel validated," said Steve DeAngelo, whose Harborside Health Center dispensary in Oakland is being targeted by federal prosecutors who have sued to seize the property.

He said the poll results also suggest that California politicians opposing medical marijuana and its distribution "are going to see serious consequences" at election time.

Richard Lee, who led Proposition 19, the failed ballot measure that would have legalized recreational marijuana in California in 2010, said poll results give momentum to advocates backing an initiative to legalize nonmedical use in 2016.

"I think it shows that it's going to win in 2016, and it's just a matter of writing the best law that we can."

Bishop Ron Allen of Sacramento's International Faith Based Coalition, a member of Californians Against Legalizing Marijuana, said the poll results show that "we have to do a better job of educating the community about the harms of marijuana."


Read more here: http://www.sacbee.com/2013/02/27/5220454/field-poll-california-voters-favor.html#storylink=cpy


 
 
SACRAMENTO, Calif. (KCRA) —A new bill is aimed at cracking down on people driving under the influence of drugs.

Under SB 289, introduced by state Sen. Lou Correa, it is illegal for a person to have in his or her blood any detectable amount of drugs while driving, unless it was taken in accordance with a valid prescription from a doctor.

The drugs are from those classified in Schedules I, II, III, or IV of the California Uniform Controlled Substance Act.

Former Sacramento Sheriff John McGinness, who represents the California Peace Officers Association, supports the bill.

“You’re talking about something that’s per se unlawful, prohibited -- so therefore, its mere presence, coupled with the operation of the motor vehicle, is a threat to the safety of the public,” McGinness told KCRA 3, adding that he is waiting for details on how the bill would be enforced.

The most current draft of SB 289 does not make an exception for marijuana, for which patients receive a doctor’s recommendation, rather than a prescription.

“It would impact thousands and thousands of patients across the state who are not impaired,” said Lanette Davies, a spokesperson for Crusaders for Patients Rights. “There’s nothing in their system that’s impairing them, but they would be driving illegally if this bill is passed.”

Davies said a better way to ensure safe driving would focus on the nature of impairment, rather than the medication in the driver’s system.

However, supporters believe SB 289 is a good start in getting drugged drivers off the roads.

“The goal is to minimize the likelihood of anybody operating a motor vehicle on the highways in California when there’s evidence to show they have some level of impairment that will compromise your safety and mine,” McGinness said.

According to a recent study released by the Office of Traffic Safety, more California drivers tested positive for drugs that may impair driving at 14 percent, than they did for alcohol at 7.3 percent.  

Read more: http://www.kcra.com/news/politics/New-bill-aims-to-crack-down-on-drivers-impaired-by-drugs/-/11797268/18979288/-/7eiiaiz/-/index.html#ixzz2LMQevgyl
 
 

February 10, 2013 9:30 am  •  BY ELLEN KOMP California NORML

In Hillary Clinton’s farewell speech as secretary of state, she said, “We need a new architecture for this new world, more Frank Gehry than formal Greek.”

Clinton was referring to Venice, Calif.-based architect Frank Gehry, who molded a unique style of laid-back architecture and is the world-class architect of the Walt Disney Concert Hall in downtown Los Angeles and the forthcoming Dwight D. Eisenhower memorial.

Someone who worked with Gehry in the 1980s reported him “coming out of rooms with clouds of [marijuana] smoke behind him.” It wouldn’t be too surprising. Even Meghan McCain says pot smoking is everywhere in LA.

I raise this in answer to the op-ed you printed recently from an employee of a drug testing company touting her company’s services as the means of achieving a safe and productive workforce, even in the wake of marijuana smokers winning their rights back in Colorado and Washington.

I beg to differ.

First of all, drug testing has never been scientifically shown to be effective at improving workplace safety or productivity, and studies indicate that the great majority of drug-positive workers are just as reliable as others. Medically, the consensus of expert opinion is that drug tests are an inherently unreliable indicator of drug impairment. Dr. George Lundberg of the American Medical Association has called them “Chemical McCarthyism.”

Second, by screening out marijuana smokers, we’re weeding out (so to speak) some of our most creative and, I would argue, productive employees. If you doubt that marijuana smokers have contributed to our society, see veryimportantpotheads.com. In the case of someone using marijuana for medical purposes, it’s downright discrimination to deny them employment for using what a doctor has legally recommended under state law.

Silicon Valley, the brainchild of entrepreneurs like Steve Jobs and Bill Gates (who both admittedly smoked pot in their youth), notoriously does not drug test its employees, knowing they’d lose much of their talent that way. Yet the region is responsible for much of California’s economic productivity, in one of the few nonmilitary industries the U.S. has.

Henry Ford’s method of sending investigators into his workers’ homes to observe their drinking habits seems outrageous today, yet employers are basically doing the same thing by demanding its workers pee in a cup on Monday to find out what they did on Friday night. Is it really their business?

There is an alternative called impairment testing that has been shown to be more effective than drug testing at assuring workers’ safety. But chemical tests are entrenched in our political process and with businesses and insurance companies, and the more forward-thinking ideas are, so far, crushed under the Greek architecture of the old days.

Carl Sagan, one of the many productive members of society who enjoyed marijuana, said, “The illegality of cannabis is outrageous, an impediment to full utilization of a drug which helps produce the serenity and insight, sensitivity and fellowship so desperately needed in this increasingly mad and dangerous world.”

It won’t do us much good to end the injustice of marijuana prohibition if only the unemployed can exercise their right to use it. And those companies that exercise drug testing will have only a piss-poor workforce.


Ellen Komp is the deputy director of the California chapter of the National Organization for the Reform of Marijuana Laws. Her column is a response to an opinion piece supporting workplace drug testing that appeared in the Star-Tribune on Feb. 3.

 
 
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~I love that William Lacy Clay signed a bill in 2008 "accidentally" but it ended up being a good thing for him politically! ss

By Chris Goo
@c_good
Follow on Twitter


Feb 8, 2013 4:31pm
Image credit: Raul Arboleda/AFP/Getty Images

A new effort is under way in Congress to legalize marijuana.

After Colorado and Washington became the first two states to approve the sale and use of pot, marijuana advocates are turning their eye toward the federal government – something they don’t often do.

Members of Congress will introduce between eight and 10 bills to roll back federal marijuana restrictions and levy new taxes.

The first two were introduced this week by two liberal members of Congress. Reps. Jared Polis, D-Colo., and Earl Blumenauer, D-Ore., on Monday rolled out a pair of bills that would legalize and tax marijuana at the federal level, while still allowing states to ban it.

Polis’s bill, the Ending Federal Marijuana Prohibition Act, would remove marijuana from the list of banned substances under the Controlled Substances Act and regulate pot under a renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms. Marijuana growers would have to buy permits to offset the costs of federal oversight.

Blumenauer’s bill, the Marijuana Tax Equity Act, would levy a 50-percent excise tax on the first sale of marijuana, typically from growers to processors or sellers, plus annual “occupation taxes” of $1,000 and $500 on marijuana growers and anyone else engaged in the business.

Rep. Dana Rohrabacher, R-Calif., meanwhile, plans to introduce another marijuana bill sometime soon. He’s the only Republican to formally support either Polis or Blumenauer as a cosponsor.

Blumenauer’s office confirmed that a slew of bills are on the way.

“We are in the process of a dramatic shift in the marijuana policy landscape,” Blumenauer said in a prepared statement on Monday.

He may be right. Marijuana legalizers enjoyed unprecedented success in 2012, hitting on their two major legalization initiatives at the state level in Colorado and Washington. Since then, bills have been introduced to roll back marijuana restrictions in Hawaii, Oklahoma and Rhode Island.

It’s unlikely Congress will legalize pot anytime soon, despite polls showing broader public acceptance of pot. In December, 64 percent of Gallup respondents said they don’t want the federal government stepping in to prevent pot legalization in states that allow it. In November, another nationwide Gallup poll showed that 48 percent think marijuana should be legal, while 50 percent think it shouldn’t be.

But Polis’s bill only has 11 cosponsors and must make its way through the Republican-controlled House Agriculture Committee.  Blumenauer’s has two and must make its way through the GOP-controlled House Ways and Means Committee.

What’s significant about the new push, however, is that it comes on the heels of actual state-level policy change. State and federal laws now thoroughly conflict on the topic of marijuana, and never before has Congress considered legalization in that context.

In fact, Congress rarely considers marijuana legalization at all. The Washington, D.C.-based Marijuana Policy Project considers a 2011 effort by then-Reps. Barney Frank, D-Mass., and Ron Paul, R-Texas, to have been the first serious effort to end marijuana “prohibition” at the federal level. That bill went nowhere. Before that, Frank pushed a bill in 2008 that mostly decriminalized marijuana federally. In a Democratic Congress, that bill died in committee. One of its seven cosponsors signed on by accident.

The present effort appears more coordinated. Along with their bills, Polis and Blumenauer released a 20-page white paper on the history of marijuana’s illegality. It’s the first time pot legislation has been introduced in such a multi-bill wave.

For decades, marijuana advocates have pushed medical-pot laws and decriminalization measures through state ballot initiatives and state legislatures. The federal push, unlikely as it may be, represents a new prong in their strategy.


 
 
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By Paul Armentano
February 6, 2013, 1:54 p.m.

Former head of the Drug Enforcement Administration Robert Bonner wrote in his Feb. 1 Blowback article, "There is still no such scientific study establishing that marijuana is effective as a medicine."

Nonsense. Over the last several years, the state of California, via the Center for Medicinal Cannabis Research, has conducted several placebo-controlled, FDA-approved clinical trials affirming the safety and therapeutic efficacy of cannabis. Other institutions have as well. (Click here for an overview of more than 200 such trials.)

Summarizing the findings of many of these trials, Dr. Igor Grant of UC San Diego declared last year in the Open Neurology Journal: "The classification of marijuana as a Schedule I drug as well as the continuing controversy as to whether or not cannabis is of medical value are obstacles to medical progress in this area. Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking."

Bonner's second claim, that "not a single scientifically valid study by a qualified researcher has ever been denied by the DEA or, for that matter, by the National Institute of Drug Abuse," is equally specious. In fact, in recent months the NIDA has stonewalled an FDA-approved clinical protocol by researchers at the University of Arizona College of Medicine to assess the treatment of cannabis in subjects with post-traumatic stress disorder. Dr. Sue Sisley, who sought to conduct the study, told Wired.com: "At this point, I can't help but think they [the federal government] simply don't want to move forward. Maybe they figure if they stall long enough, we'll give up and go away."

Finally, Bonner's suggestion that advocates would be better served targeting the U.S. Food and Drug Administration is a red herring. The FDA exists to determine whether patented products from private companies can be brought to market. Because the present law forbids any legal private manufacturers to exist, there remains no entity available to fund the sort of large-scale clinical research and development necessary to trigger an FDA review. 

This is not to imply that cannabis could not meet the FDA's objective standards for safety and efficacy. According to a keyword search on PubMed, the U.S. government repository for peer-reviewed scientific research, there are more than 22,000 published studies or reviews in the scientific literature pertaining to marijuana and its biologically active components, making cannabis one of the most studied therapeutic agents on Earth. Further, the plant has been used as medicine for millenniums and is incapable of causing lethal overdose in humans. By objective standards, cannabis is arguably safer than most conventional therapeutics it could potentially replace. 

The federal government’s insistence that cannabis remain classified in the same schedule as heroinand in a more prohibitive schedule than cocaine is not based on either science or reason. As opined in a 1997 New England Journal of Medicine article, it is time for federal authorities to "rescind their prohibition of the medical use of marijuana for seriously ill patients and allow physicians to decide which patients to treat."


Paul Armentano is deputy director of the National Organization for the Reform of Marijuana Lawsand coauthor of the book "Marijuana Is Safer: So Why Are We Driving People to Drink?"

If you would like to write a full-length response to a recent Times article, editorial or Op-Ed and would like to participate in Blowback, here are our FAQs and submission policy.





 
 
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Supreme Court Hears All Sides of Dispensary Case
Posted February 6th, 2013 
by canorml_admin

February 5 - The California Supreme Court heard oral arguments in Riverside vs. Inland Empire Patients Health and Wellness Center, a case determining whether or not Riverside may ban medical marijuana dispensaries within its borders.

The justices, appearing at a special session at the hundredth anniversary of the UCSF law school, were equally hard on attorneys on both sides of the case.

“The Legislature knows how to say, ‘Thou shalt not ban dispensaries,’ ” Justice Ming W. Chin told IEPHWC's attorney J. David Nick. Answered Nick, “If you were to allow bans, city by city, county by county, that is the opposite of what the Legislature was trying to accomplish.”

In questioning Riverside's attorney Jeffrey V. Dunn (pictured at podium), one of the justices pointed out that if all counties in California banned dispensaries, no one in California could visit a dispensary. Words like "consistent" and "establishment" weighed for their full meaning, and the letter as well as the stated purpose of the law was discussed.

Nick made it clear that locals have a great deal of authority over zoning of dispensaries, but that the Court has never ruled that locals may make illegal anything legal under state law (except perhaps in a single cited case). Much was made of the fact that state law merely offers limited immunity from state law only.

Dunn is a partner at Best, Best and Krieger, an Irvine-based law firm that has promulgated anti-dispensary ordinances throughout California and according to their website, has now been paid to defend those ordinances in 30 municipalities. Dunn assisted in the drafting of a bill last year giving cities more power to regulate dispensaries. A BB&K attorney recently gave a presentation at the California Association of Code Enforcement Officers meeting.

A ruling is expected within 90 days.

This year is also the 100th anniversary of marijuana prohibition in California.



 
 
MEDIA ADVISORY

Americans for Safe Access

For Immediate Release: February 4, 2013

California Supreme Court to Hear Medical Marijuana Dispensary Ban Case Tuesday in San Francisco

Court is expected to weigh in on whether municipalities can ban distribution, deny patients a legal medication

San Francisco, CA -- The California Supreme Court will hear oral arguments tomorrow morning at University of San Francisco in a closely watched case that addresses whether local governments can lawfully ban medical marijuana dispensaries or should instead be compelled to adopt ordinances regulating them. The case, City of Riverside v. Inland Empire Patients Health and Wellness Center, is one of at least six appellate court cases coming down on different sides of the issue. Although multiple appellate rulings have overturned bans on local distribution, the Riverside court upheld that city's ban, claiming that the wellness center violated municipal code and was a "nuisance per se."

What: California Supreme Court oral arguments on the legality of municipal bans against medical marijuana distribution

When: Tuesday, February 5th at 10:15am

Where: University of San Francisco, 2130 Fulton Street, McLaren Conference Center (Rooms 250–251)

"Local dispensary bans thwart the will of the electorate and the State Legislature, and are therefore preempted by state law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "Hundreds of thousands of California patients who are too sick or otherwise can't cultivate medical marijuana themselves rely on dispensaries for safe and legal access, a right they should not be denied."

The Riverside case, which is being argued by J. David Nick, is the lead case on this issue currently before the High Court. However, several other appellate decisions from southern California on the same issue were also granted review, including County of Los Angeles v. Alternative Medicinal Cannabis Collective, 420 Caregivers v. City of Los Angeles, City of Lake Forest v. Evergreen Holistic Collective, City of Temecula v. Cooperative Patients Services, Inc., and People v. G3 Holistic. In most of these decisions, the court has sided with municipal governments in their effort to prevent regulated distribution, but two appellate rulings notably hold that local officials may not ban distribution and must develop regulations instead.

Specifically, the County of Los Angeles decision from July 2012 overturned a local ban on dispensaries, reversing the lower court’s preliminary injunction from the previous year. The appellate court in County of Los Angeles held that “medical marijuana collectives…are permitted by state law to perform a dispensary function,” and that “[Los Angeles] County’s total, per se nuisance ban against medical marijuana dispensaries directly contradicts the Legislature’s intent.” The Court further concluded that, a “complete ban” on medical marijuana is “preempted” by state law and, therefore, void.

Last year, ASA filed an amicus 'friend of the court' brief in the Riverside case, arguing that the city's ban ought to be overturned. “While municipalities may pass reasonable regulations over the location and operation of medical marijuana collectives, they cannot ban them absolutely,” read ASA’s amicus brief. “These bans thwart the Legislature’s stated objectives of ensuring access to marijuana for the seriously ill persons who need it in a uniform manner throughout the state.” While more than 50 localities in California have regulated the lawful operation of dispensaries, over 170 cities have questionably banned their operation outright.

Despite some misconceptions, the Riverside case will likely not address the legality of medical marijuana sales and distribution, which has been fully litigated and established as a right under state law. The most recent decision in this regard came from People v. Jackson, a criminal case in which the legal sale of medical marijuana by a storefront dispensary was affirmed and a defense established for Jackson and other future defendants. The California Supreme Court refused to review or depublish the Jackson decision, which now stands as the law of the state.

According to the California Courts, Tuesday's oral arguments are part of a special session, "the latest in a series of student outreach programs to improve public understanding of the state court system, [which] also commemorates the University of San Francisco (USF) School of Law Centennial Celebration." The hearing will be broadcasted by livestream on The California Channel at http://www.calchannel.com.

Further information:

Appellate decision in the Riverside case: http://AmericansForSafeAccess.org/downloads/Riverside_Decision.pdf

ASA amicus brief in the Riverside case: http://AmericansForSafeAccess.org/downloads/Amicus_Riverside.pdf

Links to other appellate decisions on this issue: http://bit.ly/XrfMBB

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