LET'S END THIS MADNESS!!!!
#C.A.R.E. #JustLegalizeIt2014 #HempCanSaveThePlanet
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!!!!
#C.A.R.E. #JustLegalizeIt2014 #HempCanSaveThePlanet
The State tells Judge "it's probative value is near zero and it's prejudicial value is very great" when referring to the amount of THC Trayvon Martin had in his blood!
I'm fixated on the Trayvon Martin murder trial. I've been watching it on HLN while I work around the apartment. But today something came up that forced me to blog about, impairment and nanograms of THC in your system.
The State tried to keep out the evidence that Trayvon had THC in his system because they said that it would be impossible to tell what effect that THC would have had. The question is:
Judge Debra Nelson has ruled to allow Trayvon Martin's toxicology report into evidence in the murder trial of George Zimmerman.
The report showed he had 1.5 nanograms per milliliter of THC -- the active ingredient in marijuana -- in his blood. He also had 7.3 nanograms of another type, THC-COOH, and traces in his urine.
It was interesting for me to watch the state argue that it would be impossible to tell how #Trayvon would react to smoking pot. How would they be able to determine if it would make him more or less aggressive? My experience in court was pretty much the opposite.
I had my doctor on the stand testifying that the strains that I was growing were selected because of the proper effect on my pain management. We conferred quite frequently about the different methods of ingestion, extracting the proper compounds of the cannabis I was growing, and which strains relieved which symptoms. At one point, the DA said "and I'm just going to call it #DOPE because that's what it it!" The court let the DA determine my medical needs over my doctor's opinion!!
#Cannabration #TrayvonMartinMurderTrial #TrayvonTHC #Legalizeit2014 #CannabisLegalization #Dope
Colorado's task force has come out with their recommendations and they are not anywhere close to what I thought they might be.
The recommendations include:
The sales taxes were expected but 15% is a bit high especially when you are double dipping by asking the establishment AND the customer to pay it. Also, limiting the amount sold to a customer in a single purchase is one of those laws set up to fail. There are so many ways around it and no real way to enforce it. STUPID! I have no clue what they mean by "Emphasize that it’s illegal for marijuana to be given away in exchange for a donation." Huh? But two of the recommendations are so bad, it's hard to imagine how they even got from pen to paper. #1 By allowing employers to prohibit off the job marijuana use by employees, you are letting them invade your personal life. What I do on the weekend should be no business of my employer! And last but not least, making it illegal to grow marijuana outdoors is irresponsible. One of the big problems with the prohibition of marijuana was the huge carbon footprint that it made because of the need to hide your grow. Free sunlight is a good thing for everyone. Why do they want it to stay indoors? Is the sight of it so tempting that people would be helpless to resist it's powers? Ridiculous! It's time for regulators to grow up and let us grow out...side. If you think about it for two seconds, it's the only thing that makes sense. What do you think?
Read the full story here:
By Peter Hecht
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
11:39 AM ET
Marijuana could be the next gay marriage -- a contentious social issue that suddenly picks up broad, bipartisan support for change. On Thursday, Senate Majority Leader Mitch McConnell came out in favor of legalizing hemp, joining Oregon Sens. Ron Wyden and Jeff Merkley and fellow Kentucky Republican Rand Paul to cosponsor a bill that would allow Americans to grow it, NBC News' Kasie Hunt reports. Of course, hemp is not the same as regular marijuana. Industrial hemp has much less THC, the chemical that gets people high. But right now, hemp is classified in the same category as drugs like heroin and LSD. On Thursday, the Kentucky state senate voted to legalize hemp if the federal government legalizes it too. Oregon has legalized hemp cultivation, but farmers risk federal prosecution.
Again, hemp is not the same thing as marijuana, "but some law enforcement groups say it is a step that could lead to the legalization of marijuana," Hunt writes. Other lawmakers -- yes, even conservative Republicans! -- have addressed legalizing the drug itself. The most fascinating example was last week, when Virginia Attorney General Ken Cuccinelli said twice he was "evolving" on the issue of marijuana legalization when political science students at the University of Virginia asked him about voters legalizing weed in Colorado and Washington last fall. "I’m not sure about Virginia’s future [in terms of marijuana legalization]," Cuccinelli said. "But I and a lot of people are watching Colorado and Washington to see how it plays out." He explained it as a federalism thing: "I don't have a problem with states experimenting with this sort of thing. I think that's the role of states."
Cuccinelli is expected to be the next Republican nominee for Virginia governor. He's a very conservative dude. He led the states' rebellion against Obamacare. He's said conservative Supreme Court Justice Antonin Scalia isn't conservative enough. In the same UVA appearance, he said he didn't support public pools because they distort the free market.
More remarkable is that Cuccinelli later clarified his comments -- but not in the traditional political definition of the word, which is "retract all previous statements." Instead, he questioned the war on drugs:
"What I expressed to [the students] was an openness to observe how things work there, both in terms of the drug side and the economics. One issue that is often discussed is how the war on drugs itself has played out. Have we done this the right way? It's been phenomenally expensive...
[If the government] going to put people in jail and spend $25,000 [to] $30,000 a year for a prison bed, do we want it to be for someone who's pushing marijuana or pushing meth? I'll tell you what, that $30,000 for the meth pusher is well worth the deal."
Rand Paul has gone further in talking about marijuana legalization than his pro-him pal McConnell. In November, like Cuccinelli, Paul said, "States should be allowed to make a lot of these decisions... I think, for example, we should tell young people, 'I'm not in favor of you smoking pot, but if you get caught smoking pot, I don't want to put you in jail for 20 years...'"
It's important to explain what's radical and what isn't in this position. Few people who get caught with marijuana go to jail for 20 years, so opposing that isn't a big deal. It's the boring part of Paul's comment -- let states make the call on weed -- that actually is radical. As Reason's Jacob Sullumexplained, a Republican senator supporting "devolving drug policy decisions to the states is pretty bold in the current political context." He writes:
It is the policy embodied in the Ending Federal Marijuana Prohibition Act of 2011, which was co-sponsored by Rep. Barney Frank (D-Mass.) and Paul's father, Rep. Ron Paul (R-Texas). How many of their fellow congressmen joined them? Nineteen, all but one (Dana Rohrabacher of California) a Democrat.
So, how are the states doing? On Thursday, New York City Mayor Michael Bloomberg announced people arrested on minor pot possession charges won't be booked and held for arraignment anymore, The Wall Street Journal reports. Instead, they'll be released with appearance tickets, which means the person is free until his or her court date. But the issue is being addressed outside liberalism's East Coast capital. In state legislatures like Rhode Island, Maine, and Pennsylvania, the push for legalization in 2013 has, so far, been dominated by Democrats. But there are signs Republicans might ease their opposition, too. This week, Pennsylvania state Sen. Daylin Leach toldRaw Story that if her marijuana legalization bill was voted on by "secret ballot," it would pass. Privately, Leach said, some of the "most conservative" lawmakers agree on legalization, because it's "just another government program" that doesn't work.
In New Hampshire, some Republican lawmakers are willing to go on the record. "Marijuana can let them die in peace, and if this helps them, so be it," Republican state Rep. Will Infantine said after hearing testimony from people with debilitating illnesses, The Dartmouth reports Friday. A bill to legalize medical marijuana is expected to pass by mid-March and make New Hampshire the last New England state to allow it. Last year, the Democratic governor vetoed two medical marijuana bills, but current Gov. Maggie Hassan has said she won't veto the current bill.
One of the most fascinating marijuana moments this year was when conservative former Colorado Rep. Tom Tancredo announced he would smoke pot to make good on his bet with Adam Hartle, a stand-up comic, over whether Colorado would legalize weed. "Look, I made a bet with the producer of the film that if Amendment 64 passed ( I did not think it would) that I would smoke pot," Tancredo said. "I will therefore smoke pot under circumstances we both agree are legal under Colorado law." His family eventually peer pressured him out of it.
Ethan Nadelmann Executive Director, Drug Policy Alliance
Posted: 02/12/2013 11:04 am
I firmly believe that at some point during his second administration President Obama is going to address the issue of mass incarceration in America. What I fear is that he is going to wait so long, and ultimately do so with such caution, as to minimize his potential impact.
I'll be listening to his State of the Union tonight, hoping against hope that he says something, and says something bold. He's made clear he has other priorities -- the economy, immigration, climate change and now gun violence -- but what a difference it would make for him to speak to this issue when he addresses the nation.
There's no question he gets it. Barack Obama was a strong proponent of criminal justice reform as a state legislator. He spoke about it when he ran for president the first time. His administration worked hard during his first years in office to eliminate the racially disproportionate disparity in federal sanctions for crack and powder cocaine, winning a bipartisan compromise to at least reduce the disparity from 100:1 to 18:1. And he made clear in a Time magazine interview just two months ago that he views over-incarceration for non-violent offenses as a real problem:
Well, I don't think it's any secret that we have one of the two or three highest incarceration rates in the world, per capita. I tend to be pretty conservative, pretty law and order, when it comes to violent crime. My attitude is, is that when you rape, murder, assault somebody, that you've made a choice; the society has every right to not only make sure you pay for that crime, but in some cases to disable you from continuing to engage in violent behavior.
But there's a big chunk of that prison population, a great huge chunk of our criminal justice system that is involved in nonviolent crimes. And it is having a disabling effect on communities. Obviously, inner city communities are most obvious, but when you go into rural communities, you see a similar impact. You have entire populations that are rendered incapable of getting a legitimate job because of a prison record. And it gobbles up a huge amount of resources. If you look at state budgets, part of the reason that tuition has been rising in public universities across the country is because more and more resources were going into paying for prisons, and that left less money to provide to colleges and universities.
But this is a complicated problem. One of the incredible transformations in this society that precedes me, but has continued through my presidency, even continued through the biggest economic downturn since the Great Depression, is this decline in violent crime. And that's something that we want to continue. And so I think we have to figure out what are we doing right to make sure that that downward trend in violence continues, but also are there millions of lives out there that are being destroyed or distorted because we haven't fully thought through our process.
Read that last line, that last clause, again: "but also are there millions of lives out there that are being destroyed or distorted because we haven't fully thought through our process." He didn't say a few; he didn't say thousands; he said millions. And the fact is that the president's not exaggerating -- not when this country has less than 5 percent of the world's population but almost 25 percent of the world's incarcerated population; not when our rate of incarceration is roughly five times that of most other nations; not when we rely on incarceration to an extent unparalleled in the history of democratic societies; not when almost six million Americans can't vote because they were convicted of a felony; not when one of every 32 adult Americans are under the supervision of the criminal justice system, with all the indignities, discriminations and disadvantages that that entails; and not when the tens of billions of dollars spent each year incarcerating fellow citizens displaces expenditures on education, research and non-incarcerative infrastructure.
James Webb, who represented Virginia in the U.S. Senate for the past six years, said it well: "There are only two possibilities here: either we have the most evil people on earth living in the United States; or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice."
During President Obama's first term, I occasionally had opportunity to ask senior White House aides why the president was so silent on this issue. Some simply said he had to focus on other priorities. Others suggested that his being the first black president made him particularly wary of taking the issue on given the extraordinary extent to which over-incarceration in this country is about race and the mass incarceration of black men. But wasn't that precisely the reason, or at least a key reason, I asked, why President Obama needed to address the issue, and needed to provide the leadership that only he could provide. Maybe in a second term, they replied.
Well, that second term is now -- and what the president says tonight is going to frame his proactive agenda for the next four years. "Millions of lives," he said; millions of American lives "being destroyed or distorted because we haven't fully thought through our process." If ever there was a time and an issue for President Obama to assert his moral leadership, this is it.
Say it, Mr. President, please say it now.
Follow Ethan Nadelmann on Twitter: www.twitter.com/EthanNadelmann
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.
~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
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.
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?"
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Supreme Court Hears All Sides of Dispensary Case
Posted February 6th, 2013
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.