Colorado: El Paso County's Initiative to Ban Medical Marijuana Facilities to Remain on the Ballot

Judge Timothy Simmons

By Ron Crumpton

Colorado – El Paso District Court Judge Timothy Simmons ruled that the county’s ballot initiative, to ban all future and existing medical marijuana dispensaries in unincorporated areas, can remain on the ballot.

Sixteen medical marijuana businesses had filed suit to have the initiative removed from the ballot, but Judge Simmons ruled that it would be improper for the court to issue a pre-election judicial action.

“The electorate is entitled to believe that their votes will be counted, and they’ll know the results and that the election will mean something,” Simmons said in ruling.

The court’s ruling could provide a precedent for other counties and municipalities to run initiatives to close marijuana dispensaries. While 13 other counties have initiatives on the ballot, El Paso County’s is the only one that would close existing dispensaries.

Bob Hoban, attorney for the plaintiffs, believes that medical marijuana facilities are no different from any other business.

“They seek the right to continue operating their businesses with the same authority they were granted by their government when they first opened their doors,” Hoban said. “The county’s actions here reflect an unconstitutional attempt at a regulatory taking. They can’t say ‘yes’ to such business, take our clients’ money, and then reverse course on a whim.”

Hoban makes a good point, but he is wrong in one respect. Unlike your local hardware store, many El Paso County residents rely on these centers to supply them with the medicine necessary to manage their condition.

On could ask if the court would have taken the same position if the initiative placed a ban hospitals and pharmacies.

Many medical marijuana patients have conditions that prevent or limit their ability to travel to other facilities. Banning these businesses could put the health of many patients at risk and cause the suffering of many more.

Steve Hammers, a plaintiff in the case, said that if the measure passes it would be devastating to patients.

Gallup Poll: Support for Legalization on the Rise

By Ron Crumpton

According to a new Gallup Poll, more Americans now support the legalization of marijuana than ever before.

The results of Gallup’s annual crime polls show that 46 percent of Americans now support the legalization of marijuana. This equates to a rise of 15 percent over the last 10 years. If the current trend continues, the majority of Americans will be in support of the outright legalization of marijuana by 2013.

The poll shows that liberals are by far the largest group with 72 percent in favor of legalization. The majority of young people (18- to 29-year-olds, 61%), Democrats (55%), independents (54%), political moderates (51%) and Men (51%) support legalization. On the other hand, Republicans (29%) are the least supportive followed by conservatives (30%), older Americans (over 65, 32%), southerners (40%) and women (41%).

In a separate question, Gallup found that 70 percent of Americans support the use of medical marijuana, but unlike the numbers for legalization, that number is falling.

In 2005, 75 percent of Americans supported medical marijuana. Most experts, including the one writing this, believe that the fall in support for medical marijuana can be attributed to those who once supported it, but have now bought in to the back door to legalization propaganda.

Editorial: Arizona: Medical Marijuana Good, Governor Brewer Bad

By Ron Crumpton

ARIZONA – Governor Jan Brewer has formally announced her opposition to Proposition 203 because “medical marijuana leads to crime.”

First of all, if citizens of  Arizona want a good political barometer for what is in their own  best interest, their best course of action is to vote against Jan Brewer and anything that she endorses.

Governor Brewer’s actions and statements about health care, gay rights and immigration have made Arizona a laughing stock throughout the country.

Her signing of a bill that eliminated the states State Children's Health Insurance Program, known as KidsCare was asinine. This was a program designed to insure adequate healthcare for the children of Arizona. Children have no means to see to their own medical needs. No matter what your political leanings, if you think that we as Americans do not have a responsibility to see to the healthcare of all children then you do not know what America is about.

The prohibitions favorite rallying cry is "think of the children", but this goes to show how important the children are when it comes to their own political interests.

Her erroneous statements about headless bodies in the desert not only show that she has a willingness to lie when it serves her purpose, but her repeated assertions that it was true, even after it had been proven otherwise, just goes to show that she lacks the character to admit that she lied. If you want to say that she was “misinformed” then her repeated denials only go to show that she does not have the character to admit that she was wrong.

The fact that she signed legislation that repealed the right of gay and lesbian state workers to have their partner considered a dependant goes to show that if you don’t fall into the unique category of what she thinks an American should be, then your rights are of no consequence and you are less of a person than those who agree with her.

Now she has decided to bring her close-minded way of looking at the world to the medical marijuana debate.

 “I am fearful of the additional societal costs we will incur if voters were to pass this proposition,” she said at the news conference. “I ask my fellow Arizonans not to be bullied into believing this is about compassion for sick people.”

First of all Ms. Brewer, I think you should go down to your nearest cancer treatment center and tell the people there that the medicine that has been proven to be the best treatment for wasting syndrome and the ills associated with chemotherapy, is not really a medicine at all. Go ahead and tell them that they are just faking their illness to get marijuana, after all it is a backdoor to legalization.

Second, legalization would be good for her and Arizona. After all, legal marijuana would put the drug cartels out of the marijuana business. Maybe then, she would not find so many invisible headless bodies along Arizona’s border with Mexico.

There has been much debate lately about what percentage of money the cartels take in from marijuana. However, one thing is indisputable, if you look at it by size and weight; marijuana is by far their biggest product. Taking marijuana out of the equation would allow the border patrol to focus its limited resources on hard drugs, illegal immigration and protecting us from terrorist threats that could cross into this country through our border with Mexico.

At the press conference, she also stated that dispensaries would overwhelm communities and become magnets for crime. WTF!!! Prop 203 allows one dispensary for every 10 licensed pharmacies in Arizona. I am sorry, but this is the largest red herring I have ever seen. Prohibition has caused the rise of international criminal empires, but Governor Brewer is more worried that dispensaries would be magnets for crime.

Fortunately, her stance against medical marijuana is just as ignorant and ill conceived as her other political beliefs. The fact that she is against medical marijuana is more likely to convince undecided voters to vote for Proposition 2o3, than it is to convince them to vote against it.

Governor Brewer, the people of Arizona need real leadership, not a reject from the cast of Clueless.

EDITORIAL: A Goodbye to Marijuana Princess Michelle Rainey

By Ron Crumpton

On Wednesday, the marijuana community lost a warrior, advocate and queen when Michele Rainey succumbed to her long battle with cancer. This leaves a big hole in our movement and our hearts.

Michelle K. Rainey

Michelle was only 39, but in her 39 years, she created more awareness to the cause, helped more people and did more to add to the legitimacy of our movement than most of us will in a thousand lifetimes.

Rainey was diagnosed with Crohn’s disease as a teenager, and like many medical marijuana patients, she found that marijuana eased the symptoms of her illness without the debilitating side effects caused by the chemical medications that her doctors had prescribed.

She became an advocate for marijuana and was responsible for organizing Marc Emery’s marijuana advocacy efforts.

She was one of the leading forces in the formation of the B.C. Marijuana Party, and she personally ran as a candidate touring in her Cannabus, which had been former U.S. President, and drug war king, Ronald Reagan’s old campaign tour bus.

She produced her own YouTube Show, Michelle’s Medicinal Marijuana. She distributed information on cannabis education and was a director of Treating Yourself magazine.

Later in her life, she was diagnosed with melanoma and lymphatic cancer. She succumbed to her illness Wednesday night. Her husband, Jeff Tek, and mother, Emilie was at her side at the end.

"Michelle needs to be recognized as one of the greatest activists this movement has ever had," said Emery in an email from a U.S. prison. "Michelle may have literally given her life to the movement, and when people think about what they can do for freedom in their lifetime, Michelle's life is a shining example of how much is possible, even under great duress."

In recent comments Michelle said, “I want people to keep working, keep working for change — too many sick people are still having difficulty getting their medication. That’s what I want as my legacy — change.”

Her short life was filled with pain and tragedy, but in the midst of her personal tribulations, she found the strength to stand up and fight for those who were unable to fight for themselves. She put aside her own pain to help others with theirs, and she educated millions to the truth about the world’s finest herb.

In short, Michelle changed the world, and for that, we should all be truly grateful.

Now it is time for the rest of us to stand up and continue the fight. It is time to pick up the torch that Michelle carried so proudly, so bravely because if we do not then all of the work that she gave her life for – was for nothing, and I for one cannot accept that.

Does Colorado’s Medical Marijuana Indigent Patient Plan Help Enough Patients

By Ron Crumpton

On Wednesday, the Colorado State Board of Health approved a new program that would provide a sales tax exemption on the purchase of medical marijuana for the states poorer patients.

However, advocates and some board members have expressed outrage over the program because many of the states indigent patients still will not qualify for relief. With the millions of dollars the program has collected in fees, they are upset that the program could not include more patients.

"I just think with however many millions of dollars, we could have done a better job," said Joelle Riddle, member of the board of health.

The new program was in response to the legislature’s passage of a bill earlier this year. The bill requires that the health department to find a way to provide free enrolment into the states medical marijuana program for indigent patients, normally $90 per year, and that the cards be marked as “exempt” from sales taxes.

According to Ann Hause, the department’s director of legal affairs, the department does not have the staffing to process the applications to determine who qualifies for the program. Therefore, they are using enrollment in existing programs such as Supplemental Security Income or food stamps, but advocates say the measure would not include other indigent patients including, but not limited to, those who receive Social Security Disability or Veterans Administration benefits.

"We thought we needed to start somewhere, and this is where we decided to start," said Hause.

HIV Patient Damien LaGoy

A medical marijuana patient suffering from HIV, Damian LaGoy, said that after rent, food, health and marijuana expenses he could not afford the application fee. LaGoy’s current income is $14 to high to receive help from the state.

"In two days, my license expires," LaGoy said to the State Board of Health. "I don't have the $90. I have $1.15 in my bank."

On a split vote, the board approved the department's proposal but vowed to examine the standards to see whether or not they should be expanded.

Many of the advocates believe that this is just another case of a compassionate legislature trying to do right by patients and the bureaucracy that is the Colorado State Board of Health, trying to undermine their decrees.

Since voters passed Amendment 20 in 2000, with all of the medical research in the last 10 years that shows marijuana to be beneficial in treating numerous diseases, the Colorado State Board of Health has refused to approve any new conditions for treatment with marijuana. The original eight conditions – cancer, HIV/AIDS positive, severe pain, severe nausea, glaucoma, cachexia, seizures and persistent muscle spasms – are still the only ailments approved for treatment.

This shows you the board’s opinion of medical marijuana.

Editorial: Justice and Law Enforcement Officials to Ignore the Will of the People

Attorney General Eric Holder

By Ron Crumpton

Attorney General Eric Holder stated yesterday that the federal government would continue to aggressively prosecute marijuana laws in the state of California, regardless of how the people vote.

This led Los Angeles Sheriff Lee Baca and Los Angeles District Attorney Steve Cooley to announce that they will continue to enforce marijuana laws even if Prop 19 passes because federal law trumps state law.

It is amazing that some of the more prominent people in the American Justice System or willing to blatantly ignore the will of the people in a country that was founded on the principles of government of the people, by the people and for the people.

However, this is nothing new when it comes to the way the United States government treats the will of anyone who does not conform to their strict definition of what “the people” should be.  Apparently, I missed the passage in the constitution that states that the rights in this document or only valid if you blindly follow you leaders and believe exactly as they do.

Los Angeles County Sheriff Lee Baca

      For years, the marijuana community has been persecuted. Persecuted when it was a fledgling community of outsiders in the late 50’s and early 60’s, and now it is persecuted even when residents of a state vote for constitutional initiatives to allow the use of marijuana for medicinal reasons.

Illegal raids of  marijuana dispensaries by federal, state and local law enforcement officials just show that today’s justice system believes that it is above the law. They believe that it is their job to choose which laws to follow or not to follow. They believe that regardless of what a law says, they are free to interpret it however they damn well please.

They claim that they are protecting families, but it is their actions that are causing the violence, death and destruction of lives that are associated with the war on marijuana.

Every year 780,000 Americans have their lives ruined when they are arrested on simple possession charges. Students are kicked out of college, young men and women have their entire lives ruined because they are unable to get hired by companies that would normally hire them, even if they had a DUI, but will not hire them because they were arrested for a gram or two of marijuana.

Every year children, cops and average Joes die, not from the consumption of marijuana, but from the violence and illegal empires that the prohibition of marijuana has created.

Our government has a constitutional obligation to protect the citizenry, but Americans are better off without this kind of protection. 

Law Enforcement officials apparently believe that they must create the dangers, so they can protect us from them.

Judge Orders Confiscated Property to be Returned

By Ron Crumpton

FERNDALE, Michigan – A judge has ordered the return of records and computers seized by the Oakland County Sheriff's Office in the county’s largest assault on medical marijuana dispensaries.

On August 25, the Oakland County Sheriff's Office raided two dispensaries and several private residents.

 Nicholas Agro and Ryan Richmond, both investors with Clinical Relief dispensary in Ferndale, were represented by Neil Rockind who argued yesterday for the return of the items taken by narcotics officers during the raid.

"The Sheriff's Department seized a laptop computer, carrying cases, some paperwork and rental property keys that my client (Richmond) wants back entirely," Rockind said.

According to Rockind, Richmond, who is also in commercial real estate, had several items take from his home that had nothing to do with operations at Clinical Relief.

"He has other business and personal interests,” stated Rockind. “His laptop computer contains information he needs to live his life while this case is going on."

In addition to the personal property taken in the raid, the Sheriff’s Department also seized the records of four patients of Clinical Relief. State privacy laws protect those records.

Attorneys Rockind and Amy Bowen-Krane reached an agreement with the Oakland County Prosecutors office on Thursday to provide copies of some items and return others.

Preliminary examinations in the case begin November 3, for the nine defendants who are charged with illegally growing and selling marijuana.

New Jersey Senator Challenges Governor Over Medical Marijuana Law

Senator Nicholas Scutari

By Ron Crumpton

     TRENTON, New Jersey – Senator Nicholas Scutari (D-Union) plans to repeal the rules introduced the by the Christie administration because it would make it too difficult to obtain for those who need it.

      The plan signed into law, by former, Gov. Jon Corzine called for six dispensaries that would grow and sell the marijuana, but the plan announced by New Jersey Health and Senior Services would cut that to four dispensaries, and two grow sites.

This is “unacceptable,” said Sen. Scutari.

On Monday, Scutari said that he would introduce legislation that would require the governor to withdraw or amend those regulations. If this does not provoke Christie to action, the senator says that he will introduce a resolution that would outright repeal the regulation.

New Jersey Governor Chris Christie

When asked about the delay that might be caused by the legislation Scutari said, "I am concerned about the delay, but it's becoming more and more clear they don't want this to happen.”

He is not alone. Many of the patients and advocates in the area believe that the Christie administration is setting the program up to fail.

There are other problems advocates have with the regulations:

First, the rules limit the marijuana to 10% or less THC. This is half the strength of the marijuana used as medicine in other states.

Second, there are so many restrictions associated with purchasing it that many think the dispensary program is useless.

Third, with only two grow operations, one federal raid or a bad crop and there will not be enough marijuana in the state to meet the needs of patients.

Finally, the state requires a twenty thousand dollar application fee ($18,000 returned if the application is refused) and requires that the dispensaries have $1 million in insurance for delivery drivers and requires two delivery persons per vehicle per delivery.

Sen. Scutari, patients and advocates say this is unacceptable; the rules are so bad many patients may continue to purchase their medicine on the street.

Survey Says, It's Time to Help Patients

By Ron Crumpton

PHOENIX, Arizona – A new poll shows that a majority of Arizonians support Prop 203 and they outnumber those opposed by 19 percent.

Pollster Earl de Berge found that 52 percent of Arizonians support the proposition, while 33 percent are opposed. This leaves 15 percent of voters undecided.

This is great news for advocates of Prop 203. Generally, when there are a high number of undecided voters this close to an election, many of the undecided have made their decision but they are embarrassed by the way, they plan to vote.

This could also be a good indication for advocates because the reasonable conclusion is that those who are embarrassed about how they intend to vote are uncomfortable admitting that they are voting for medical marijuana. With a measure like this, those who are opposed or plan to oppose the proposition are quick to tell you.

This is a good for patients because the Arizona initiative addresses many of the problems that patients in other medical marijuana states have had to address.

First, the measure states that employers cannot terminate or discipline patients based solely on a drug test.

In order to chastise their employees, employers would have to prove that a worker was impaired or had consumed marijuana during work hours. This is a great first step, but it leaves a lot be desired.

There is no uproar about patients being impaired by prescription painkillers or other chemical medications that mar ones judgment much more that marijuana. Patients who consume medical marijuana for their illness should not have to meet a higher standard than other patients do.

Many patients need their medicine regularly to be able to work and are not “impaired” by taking their medicine because they have developed a tolerance to much of the euphoria. The same thing is true with prescription drugs, they get the patient high initially, but over time, those effects become less prominent.

Second, the measure places a reasonable number on dispensaries. 

With passage of the law, there will be approximately 125 dispensaries in the state and people who do not live within 25 miles of a dispensary will be able to grow their own.

This provides for patients to have reasonable access to their medicine, but it does limit some of the rights that they have fought for.

Many people, who take marijuana medicinally, do so because they are sensitive to what goes in their body. For them growing their own herbs is essential because they want to assert their right to control what goes into their body and for them how the marijuana is grown is just as important as the use of natural medicine itself.

Third, it protects doctors.

The medical marijuana laws that have been approved by voters in the past required a prescription instead of a recommendation. If a physician prescribes marijuana, he can have his or her prescription writing privileges revoked by the DEA, but the doctor can recommend the medicine without facing federal action.

Finally, it will finally give Arizonians the right to use the medicine they need.

This will be the third time that medical marijuana has been passed by ballot measure in Arizona. The first time was in 1996, yet it is still being denied to patients. This bill would end this injustice.

Arizona stands to make a big statement nationwide, when it comes to the issue of the rights of medical marijuana patients. The message is that even after all the bullshit and 14 years of having their vote ignored; medical marijuana patients do not give up.

Oakland Doubles Marijuana Dispensaries and Fees

Coffeeshop Blue Sky in Oakland

By Ron Crumpton

For six years, the city Oakland had limited the number of medical marijuana dispensaries to four, but last night, the Oakland Public Safety Committee voted unanimously to double that number to eight.

The bad news for dispensary owners, as well as those who wish to become one, is that the annual fees paid by the dispensaries to the city will also double from $30,000 to $60,000.  Along with the increase in annual rates, the new dispensaries would also have to pay a $5000 application fee.

According to the committee, the increase in fees, “realistically represents the cost of regulating the eight dispensaries.” The new application fee would go to pay for the costs the city incurs with these new businesses; the fee would pay for background checks and the review of security, business and building plans.

                    

Next month, if voters approve Measure V, the supplemental sales tax rate paid by medical marijuana clubs will increase from 1.8 percent to 5 percent. This would bring their total sales tax to 12.45 percent as opposed to the 9.25 percent that other Oakland businesses are required to pay.

The City has estimated that this would increase its revenue by $1.4 million. This estimate was based on the original regulation that limited the city to four dispensaries.

In 2009, the four dispensaries reported a 40 percent increase, $28 million, in sales over 2008, but it could have been much more.

Currently one of the four clubs has been shuttered by the city. Of the three remaining, one is on the waterfront and the other two are in the Oaksterdam section of Oakland. There are currently no dispensaries in the North, West or East Oakland.

This costs the city millions in taxes! Many Oakland residents find it easier to go to dispensaries outside of the city limits because they are closer and easier to access than the three dispensaries in the city.  The increase in dispensaries, if more spread out, would allow greater convenience to Oakland patients, and it would mean more taxes finding their way into city coffers.

Councilmember Nancy Nadel said she would even support 12 dispensaries, based on the number of patients in Oakland.

Isn’t it nice to see a city taking positive steps in their medical marijuana program? The question is, what are these new taxes and fees going to mean for patients?