Archive for category Medical Marijuana News

Medical Cannabis Compliance Lawyer makes recommendations of Regulations for Marijuana

Crescent City, CA(PRWEB) February 18, 2012

OAKLAND, CA - JANUARY 28:  iGrow employee Zeta...

The vagueness of laws governing the use of medical marijuana in California has resulted in a patchwork of local regulations and tensions with federal regulators. The confusion has prompted activists to search for a way to improve California medical cannabis regulations. Medical marijuana attorney Chris Van Hook proposes using 3 existing frameworks for regulating marijuana, depending on its intended use: pharmaceutical, herbal, or food/industrial.

Van Hook, founder of the Clean Green Certified medical marijuana inspection program, points out medical cannabis is used in a few distinct ways. Cannabis-based drugs like Sativex are prescribed by doctors in Europe and Canada as an actual medicine, and although they are not available in the US at this time, Van Hook believes there is a large potential market here. Patients also use cannabis as an herbal remedy to relieve various ailments by inhaling, vaporizing, eating or using cannabis tinctures. Finally, cannabis is taken as a dietary supplement/food/fiber crop.

“Each of these methods of use is legitimate and the uses are not exclusionary; in fact, they should be recognized and further developed,” says Van Hook.

The California medical cannabis compliance lawyer says pharmaceutical cannabis will most likely always be grown indoors. There will be very specific patentable strains producing patentable compounds that will help in the very specific manner for which they have been tested and developed. Regulatory standards for cleanliness, dosage standardization labeling and prescribing will be thoroughly developed, as they should be for that particular market.

“The expansion of this market will increase the number of people who will become more comfortable with cannabis. This in turn will increase the number of patients who will become comfortable with the other regulatory categories of cannabis—herbal remedies and food/fiber crops,” he explains.

Cannabis used in herbal remedies will come from both the indoor- and outdoor-grown cannabis production models. The regulatory constraints of herbal remedies are much less burdensome than the pharmaceutical regulations, and their use need not be prescribed by a doctor. Examples of this type of use include edibles, falling under existing food regulations; in pill form, similar to garlic pills or fish oil pills; in tincture form, like Echinacea; or inhaled in a manner similar to aromatherapy, where herbs and plants that are burned and the smoke is inhaled to clear nasal systems or to break up colds. The smoke may be inhaled or the plant matter vaporized to reduce the smoke intake.

“Under this regulatory framework there need not be any medical proof that it is working; there only need be the patient determining that it is helping them,” notes Van Hook. He says this largest category of use does not require the strict regulations applied to pharmaceuticals. The agricultural standards for the production, field handling, and manufacturing/processing of herbal remedy crops are already in place and successfully used to regulate the multi-billion dollar herbal products industry.

Cannabis as a food and fiber agricultural crop will almost exclusively come from outdoor cannabis production, which can support the larger volumes of cannabis required for the developing juicing methods, hemp fiber and dietary oils from seed production. Existing agricultural production, field handling and food processing regulations are already in place to produce and market raw fresh wheatgrass juice to consumers, and these regulations could easily be adapted for cannabis juicing, says Van Hook.

He says by properly placing the different ways that medical cannabis is used into the appropriate existing regulatory frameworks of: pharmaceutical, herbal remedy, and food and fiber crops, California will 1) widen and expand the market for all cannabis uses 2) help assure that the agricultural and small farm component of the industry is not overburdened by pharmacological standards and regulations, and 3) more accurately describe the regulatory frameworks each use of cannabis should be in.

“By expanding the regulatory categories cannabis can operate under, each category’s growth would enhance and support the other two. Each developing use would have clear regulatory guidelines that are already in place. Each category of participant could then be buoyed by the success of the other two categories and friction between the different types of uses would be minimized,” Van Hook concludes.

About Clean Green Certified

Clean Green Certified, an independent third-party medical cannabis certification program created by attorney Chris Van Hook, is an agricultural process review and certification program based on the non-use of synthetic chemical fertilizers and sprays, and the building of consumer confidence that their agricultural products are produced in manner that is both healthy and safe for the environment. Their California medical marijuana quality control programs also include Best Practices certification, which allows the limited and responsible use of synthetic chemical fertilizers, and compliance with Mendocino County Code 9.31 (the medical cannabis cultivation regulation ordinance).

Clean Green’s expert legal team also provides services that include: medical cannabis expert witness testimony; on-site inspections; medical cannabis compliance for growers and for handlers/processors/dispensaries; formation of grower collectives and nonprofit corporations; commercial leases; product licensing; contracts and real property issues; administrative law; and permit assistance and acquisition.

For more information about the Clean Green Certified program, call Chris Van Hook at (707) 218-6979 or visit http://www.cleangreencert.com.

To learn more about becoming a legal medical marijuana patient, please visit http://www.thecannabisdoctors.com or call Roger A. Barnes, MD for a confidential Pasadena Medical Marijuana Evaluation at 626-344-7596

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Obama Ignores Medical Marijuana During Google+ Hangout

President Barack Obama, again, turned to social media to connect with voters — and again he used it as another chance to ignore talking pot.

You might have noticed that every time President Obama takes to the series of interactive intertubes, the unwashed masses want to talk, not taxes and not turkey, but the good herb. Last year, the POTUS employed YouTube and Twitter to walk amongst the people, and on Monday, Obama connected with his fellow Americans using “Hangout” on Google +.

Just like the last two times, viewers/voters submitted questions to the president for consideration via YouTube. And just like the last two times, a question about marijuana legalization was the top draw.

And, just like the last time, the question from a retired cop about failed drug policy and a reexamination of law enforcement priorities was not forwarded to the president.

Yet again, Obama is blameless: The White House says Google + moderators selected the questions.


Some 133,000 questions were sent in to the president, according to Reuters. Two questions received top billing: A video question about marijuana, and a texted question about copyright infringement.

The video question came from former Los Angeles Police Department Deputy Chief Stephen Downing, who noted a recent Gallup Poll showed more Americans in favor of legalization than not. “What do you say to this growing voter constituency that wants more changes to drug policy than you have delivered in your first term?” Downing asked.

It’s anyone’s guess, as the president was too busy doing a dance in front of camera, taking questions about his 20th wedding anniversary and those silly little things called drones in the Middle East.

White House Press Secretary Jay Carney noted that it was out of the White House’s hands. Google + moderators picked the questions to feed to the president, whose answers were interspersed between give-and-take with five “typical” Americans in the Google + “hangout.”

It’s unclear why Silicon Valley-based Google opted not to test the president — perhaps it’s the mutual flow of money and influence between the two?

“It’s worse than silly that YouTube and Google would waste the time of the president and of the American people discussing things like midnight snacks and playing tennis when there is a much more pressing question on the minds of the people who took the time to participate in voting on submissions,” said Downing, a board member of Law Enforcement Against Prohibition, a coterie of cops and former cops who speak out against the Drug War.

“The time to discuss this issue is now. We’re tired of this serious public policy crisis being pushed aside or laughed off.”

This article was originally available at http://blogs.sfweekly.com/thesnitch/2012/01/medical_marijuana_obama_google.php

 

If you, or someone you know, is suffering, and would like to learn more about using marijuana as medicine, please call Roger A. Barnes, MD at the Pasadena Medical Marijuana Evaluation Clinic at 626-344-7596 or visit his website at http://www.thecannabisdoctors.com

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Prescribing Cannabis for Harm Reduction

Space-filling model of the 11-nor-9-carboxy-de...

Harm Reduction Journal 2012, 9:1 doi:10.1186/1477-7517-9-1

Mark Collen
PainExhibit.com, 9008 El Cajon Way, #4, Sacramento, CA, 95826, USA
Email: Mark@PainExhibit.com

Abstract
Neuropathic pain affects between 5% and 10% of the US population and can be refractory
to treatment. Opioids may be recommended as a second-line pharmacotherapy but have
risks including overdose and death. Cannabis has been shown to be effective for treating
nerve pain without the risk of fatal poisoning. The author suggests that physicians who
treat neuropathic pain with opioids should evaluate their patients for a trial of cannabis and
prescribe it when appropriate prior to using opioids. This harm reduction strategy may
reduce the morbidity and mortality rates associated with prescription pain medications.

Keywords: cannabis, cannabinoids, opioids, neuropathic pain, chronic pain, harm
reduction, ethics

Neuropathic pain (NP) is defined as pain caused by a lesion or disease of the central or
peripheral somatosensory nervous system.[1] NP affects between 5% and 10% of the US
population [2] and examples include diabetic neuropathy, complex regional pain syndrome,
radiculopathy, phantom limb pain, HIV sensory neuropathy, multiple sclerosis-related pain,
and poststroke pain.[3] Neuropathic pain is difficult to treat and opioid analgesics are often
prescribed.[4] Recent science has demonstrated efficacy in treating NP with cannabis,[5,
6, 7] a safer drug than opioids.[8] This paper suggests that physicians who treat
neuropathic pain should prescribe cannabis prior to using opioids as a harm reduction
(HR) strategy. Topics covered include how harm reduction applies to prescription opioid
substitution, the legality of medicinal cannabis, a comparison of cannabis to opioids, the
science on treating NP with cannabis and cannabinoids, and the ethics of prescribing a
drug which is deemed illegal on the federal but not the state level.
Medicine relies upon the principle of, “First, do no harm,” and one might supplement the
axiom to read – “First, do no harm, and second, reduce all the harm you can.” “Harm
reduction” or “harm minimization” can be defined in the broadest sense as strategies
designed to reduce risk or harm.[9] Those harmed may include the individual, others
impacted by the harmed person, and society.[9] The substitution of a safer drug for one
that is more dangerous is considered harm reduction.[10] Specific examples of HR include
prescribing methadone or buprenorphine to replace heroin,[11] prescribing nicotine
patches to be used instead of smoking tobacco,[12] and prescribing intranasal naloxone to
patients on opioid therapy to be utilized in case of overdose.[13] Substituting cannabis for
prescribed opioids may be considered a harm reduction strategy.
Under the Federal Controlled Substance Act “marihuana” is illegal and classified as a
schedule I substance – meaning it has a high potential for abuse and no accepted medical
use.[14 ] However, sixteen states and the District of Columbia have legalized cannabis for
medicinal use and these include Alaska, Arizona, California, Colorado, Delaware, Hawaii,
Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island,
Vermont, and Washington.[15] Each state law differs but all allow physicians to “authorize”
or “recommend” cannabis for specific ailments.[16] This “recommendation” affords legal
protections for patients to obtain and use medicinal cannabis, and may be considered the
“prescription.”
Cannabis (Cannabis sativa) and the opium poppy (Papaver somniferum) are both ancient
plants that have been used medicinally for thousands of years.[17, 18] The natural and
synthetic derivatives of opium, including morphine, are called “opioids.”[19]
Cannabinoids” is the term for a class of compounds within cannabis of which delta-9-
tetrahydrocannabinol (THC) is the most familiar.[20] Besides THC, approximately 100
other cannabinoids have been identified [21, 22] including one of special scientific interest
called “cannabidiol” (CBD).[23] The human body produces both endogenous
cannabinoids (endocannabinoids) and opioids (endorphins) and contains specific
receptors for these substances.[24, 25] There is an extensive literature on opioids but far
less on cannabis/cannabinoids (CC).
Adverse effects from opioids include respiratory depression, sedation, sleep disturbance,
cognitive and psychomotor impairment, delirium, hallucinations, seizures, hyperalgesia,
constipation, nausea, and vomiting.[26-28] Adverse events from cannabis/cannabinoids

include psychotic episodes, anxiety or panic reactions, memory impairment, reduced
concentration, disorientation, lowered blood pressure and increased heart rate.[7, 29, 30,
31] In a systematic review Wang and colleagues found most adverse events for short term
cannabis use were not serious, and there was a lack of evidence to determine
adverse effects for long-term use.[32] Opioids and cannabis share issues of addiction,
physical dependence, tolerance and withdrawal.[5, 33, 34]
Between 1999 and 2006 approximately 65,000 people died from opioid analgesic
overdose.[35] Regarding fatal overdose from cannabis, Carter and colleagues write, “…
this well documented fact: no one has ever died from an overdose of cannabis.”[8] In
addition, there is insufficient data to demonstrate smoking cannabis causes lung cancer
[36] but long-term use is associated with an increased risk of respiratory problems.[37]
Although, eating cannabis [38] avoids the respiratory issues. In 2001 the total cost of
prescription opioid abuse was estimated at $8.6 billion.[39] Unfortunately, there are no
comprehensive studies on the total cost of cannabis abuse. However, enforcing the
prohibition on cannabis costs an estimated $7.7 billion per year.[40] Since the federal and
most state governments view any use of cannabis as abuse – including medicinal use –
one might include this cost. According to a report from the Substance Abuse and Mental
Health Services Administration between 1999 and 2009 admissions for treatment of
nonheroin opioid abuse increased approximately 516% while admissions for cannabis saw
a 53% rise.[41]
Nerve pain can be refractory to treatment [42] and opioids are often used as a second-line
therapy while antidepressants and anticonvulsants are commonly used first.[4, 43]
Moreover, opioids may provide only limited pain relief and as Henry McQuay writes, “…you
may be able to decrease neuropathic pain with strong opioids, but the decrease is often
slight and is achieved with an adverse effect burden that will not be tolerable over weeks
to months.”[44] Cannabis and cannabinoid research is in its relative infancy and many
studies are of short duration and with small sample sizes.[6] However, a number of review
articles suggest that treating neuropathic pain with cannabis/cannabinoids is efficacious
and with moderate adverse effects.[5-7] The most thorough of the systematic reviews was
of randomized controlled trials (RCTs) of CC therapy [6] which looked at nine studies [45-
53] whose focus was on treating different types of neuropathic pain with either smoked
cannabis,[45-48] a synthetic cannabinoid similar to THC,[49, 50] or a whole plant extract of
THC and CBD in a 1:1 ratio.[51-53] CBD may moderate the psychoactive effect of THC
and have analgesic properties.[24] Seven of the nine studies demonstrated efficacy for
using CC for neuropathic pain [45-49, 52, 53] while two had mixed results,[50, 51] and
eight of the nine studies found no serious adverse events.[45-51, 53]
A closer look at the four RCTs which evaluated smoked cannabis for neuropathic pain [45-
48] reveals some common and contrasting elements (Table 1). Two of the studies, Ware
et al. [45] and Wilsey et al., [47] examined cannabis in treating a variety of NP conditions;
while the other two, Ellis et al. [46] and Abrams et al., [48] explored the effects of cannabis
on HIV-related neuropathic pain. Both Wilsey et al. [47] and Abrams et al.[48] required
participants to have previously used cannabis in order to reduce the risk of adverse
reactions from psychoactive effects. The RCTs used cannabis with a variety of THC
strengths ranging from 0% for placebo [45-48] to 9.4% in Ware et al.[45] Each study required participants to continue taking their regular medications during the cannabis trials
and all found a significant decrease in pain compared to placebo.[45-48] In addition,
adverse events were tolerable for the vast majority of participants.[45-48]
Commentators have suggested that patients should use whole plant cannabis, as opposed
to chemical derivatives, because of other potentially beneficial compounds.[8, 19] In
addition, a number of articles have reported on interactions between cannabinoid and
opioid receptors which may result in enhanced analgesia and a synergistic effect when CC
is added to opioids.[54, 55] This may translate into patients being able to reduce their
opioid intake with adjuvant cannabinoid therapy.[5,29]
Although prescribing cannabis is legal in 16 states and the District of Columbia, it remains
illegal at the federal level. Portions of the American Medical Association’s Code of Medical
Ethics, Opinion 1.02 – The Relation of Law and Ethics reads, “Ethical values and legal
principles are usually closely related, but ethical obligations typically exceed legal duties.
In some cases, the law mandates unethical conduct.” “In exceptional circumstances of
unjust laws, ethical responsibilities should supersede legal obligations.”[56] An
“exceptional circumstance of unjust laws” may be interpreted as the federal ban on
cannabis for medical use. Sixteen states and the District of Columbia found the federal
government’s prohibition on prescribing and using medicinal cannabis so unjust as to
create laws in direct violation of federal statute. Therefore, one could surmise that
prescribing cannabis for the purpose of harm reduction is ethical even though it violates
federal law. In addition, Hayry suggests that the idea of “freedom” also provides an ethical
reason for prescribing cannabis and he writes, “… whatever the legal situation, respect for
the freedom of the individual would imply that requests like this (for medicinal cannabis)
should be granted, either by health professionals, or by society as a whole.”[57]
In states where medicinal cannabis is legal, physicians who treat neuropathic pain with
opioids should evaluate their patients for a trial of cannabis and prescribe it when
appropriate prior to using opioids. There is sufficient evidence of safety and efficacy for
the use of CC in the treatment of nerve pain relative to opioids and as Carter et al write,
“From a pharmacological prospective, cannabinoids are considerably safer than
opioids…”[8] Prescribing cannabis in place of opioids for neuropathic pain may reduce the
morbidity and mortality rates associated with prescription pain medications and may be an
effective harm reduction strategy.
[The subject of cannabis dosing is beyond the scope of this paper but those interested
should consider reading Carter GT, Weydt P, Kyashna-Tocha M, Abrams DI. Medicinal
cannabis: rational guidelines for dosing. IDrugs 2004;7:464-70.]

 

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Cannabis Cup Coming to Los Angeles Next Month: World’s Premier Marijuana Contest Near Pasadena

It’s about time.

High Times magazine’s Cannabis Cup, the world’s most prestigious (only?) marijuana judging competition is finally coming to Los Angeles after decades in Amsterdam and years in San Francisco.

What took them so long?

We asked associate publisher Rick Cusick:

 

The first one in the U.S. was a coin flip between Los Angeles or San Francisco. We always had our sights on L.A. The Cannabis Cup and L.A. is like soup and a sandwich.

The Cup and its related marijuana expo commeth to the downtown-area’s L.A.s Center Studios Feb. 11 and 12. (Strangely, the Studios pulled out of hosting a rave last year following bad press).

High Times states that the expo will feature a “medicating section available that will accommodate the needs of medical marijuana patients.”

Irie.

The event will also have …

 

medical cannabis cup logo.JPG

… California’s best indicas, sativas, hybrids, concentrates and edibles will be judged, the winners awarded prizes and afterwards be known as the top in their fields.

Samples will include entries from L.A.’s own array of 500 or so dispensaries (and beyond, considering the outlets outside the city limits).

We always wondered, with no wine-tasting-style spitting available, how the hell judges for these things don’t end up passing out after an hour of sampling the finest bud in the land.

Cusick explained that judges will be allowed to live with the weed for a week, take notes according to a questionnaire, and compare notes at the event.

Marijuana entered for competition is judged first and foremost for potency and flavor, High Times‘ Nico Escondido told the Weekly. Other factors include aroma, taste, visual aesthetics and “burnability.” Lab results for THC and Cannabidiol also weigh on the strain’s potency score.

The cup has been held twice in San Francisco, once in Denver, and once in Detroit, where police gave organizers a hard time. Last year’s Amsterdam event saw a police raid.

High Times is heading back to Amsterdam this year for the 25th anniversary of its Cup there.

Organizers expect no problems in L.A., the medical marijuana capital of the nation, although the municipality’s top prosecutor, City Attorney Carment Trutanich, is no fan of medical marijuana culture.

“We’re trying to be as transparent and upfront wih the authorities as we can be,” says Cusick.

Tickets start at $30 a day. Patrons must be 18. Cusick:

We’ve been waiting to come to L.A. for a long time. It’s probably going to be the best one.

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Study: No lung danger from casual pot smoking

English: Blaze @ night.

Add one more data point to the decades-old debate over marijuana legalization: A new study concludes that casual pot smoking – up to one joint per day – does not affect

the functioning of your lungs.

The study, published in the Jan. 11 edition of Journal of the American Medical Association, also offered up a nugget that likely will surprise many: Evidence points to slight increases in lung airflow rates and increases in lung volume from occasional marijuana use.

Air flow is the amount of air someone can blow out of their lungs one second after taking the deepest breath possible. The volume measure is the total amount of air blown out once someone has taken the deepest breath possible.

The study of 5115 men and women took place over two decades between March 26, 1985 and August 19, 2006 in 4 American cities: Birmingham, Chicago, Oakland, Calif., and Minneapolis.

“With marijuana use increasing and large numbers of people who have been and continue to be exposed, knowing whether it causes lasting damage to lung function is important for public-health messaging and medical use of marijuana,” according to one of the study’s co-authors, Stefan Kertesz. “At levels of marijuana exposure commonly seen in Americans, occasional marijuana use was associated with increases in lung air flow rates and increases in lung capacity.”

He added that those increases, though not large, nonetheless were statistically significant. “And the data showed that even up to moderately high-use levels — one joint a day for seven years — there is no evidence of decreased air-flow rates or lung volumes,” he said.

The study by researchers at the University of California, San Francisco, and the University of Alabama at Birmingham was released Tuesday by the Journal of the American Medical Association.

Echo of past findings

The findings echo results in some smaller studies that showed while marijuana contains some of the same toxic chemicals as tobacco, it does not carry the same risks for lung disease. It’s not clear why that is so, but it’s possible that the main active ingredient in marijuana, a chemical known as THC, makes the difference. THC causes the “high” that users feel. It also helps fight inflammation and may counteract the effects of more irritating chemicals in the drug, said Dr. Donald Tashkin, a marijuana researcher and an emeritus professor of medicine at the University of California, Los Angeles. Tashkin was not involved in the new study.

Study co-author Dr. Stefan Kertesz said there are other aspects of marijuana that may help explain the results.

Unlike cigarette smokers, marijuana users tend to breathe in deeply when they inhale a joint, which some researchers think might strengthen lung tissue. But the common lung function tests used in the study require the same kind of deep breathing that marijuana smokers are used to, so their good test results might partly reflect lots of practice, said Kertesz, a drug abuse researcher and preventive medicine specialist at the Alabama university.

Roughly equal numbers of blacks and whites took part, but no other minorities. Participants were periodically asked about recent marijuana or cigarette use and had several lung function tests during the study.

Overall, about 37 percent reported at least occasional marijuana use, and most users also reported having smoked cigarettes; 17 percent of participants said they’d smoked cigarettes but not marijuana. Those results are similar to national estimates.

On average, cigarette users smoked about 9 cigarettes daily, while average marijuana use was only a joint or two a few times a month — typical for U.S. marijuana users, Kertesz said.

The authors calculated the effects of tobacco and marijuana separately, both in people who used only one or the other, and in people who used both. They also considered other factors that could influence lung function, including air pollution in cities studied.

The analyses showed pot didn’t appear to harm lung function, but cigarettes did. Cigarette smokers’ test scores worsened steadily during the study. Smoking marijuana as often as one joint daily for seven years, or one joint weekly for 20 years was not linked with worse scores. Very few study participants smoked more often than that.

Like cigarette smokers, marijuana users can develop throat irritation and coughs, but the study didn’t focus on those. It also didn’t examine lung cancer, but other studies haven’t found any definitive link between marijuana use and cancer.

 

© 2012 CBS Interactive Inc.. All Rights Reserved.

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California Medical Association Calls For Legalization Of Marijuana

Who is winning the weed war?

It’s the 21st century and America is still wrestling with these questions: Is marijuana harmful? Should it be legalized? What are the medical, social, and legal consequences? Will there come a day when the battle over pot ever ends?

The Executive Director of Harborside Health Clinic Stephen D’Angelo says he’s advocating for full access to medical cannabis for patients who need it.

“In certain parts [of Los Angeles], you can walk by and grab your prescription and not even slow down,” Dr. Drew said. “They don’t do a medical evaluation. That’s the part that bothers me the most.”

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About those State of California medical marijuana ID cards

There are many misconceptions about being a medical marijuana patient, and little understanding of the law surrounding California’s Medical Marijuana Program in Pasadena, California.

Proposition 215, the Compassionate Use Act of 1996, which passed with 56% voter approval, was written

(1) to protect a patient’s right to cultivate and possess cannabis for personal medicinal use upon the written or oral recommendation of a physician, AND

(2) to prohibit the punishment of any licensed MD or DO solely

This map shows the incorporated areas in Los A...

for recommending marijuana to a patient.

Arguing that cannabis was still a Schedule 1 illegal drug under federal law, political figures and law enforcement officials throughout the state continued to persecute cannabis users after the passage of Prop. 215. Pasadena medical marijuana citizens’  along with others throughout California’s unfamiliarity with the rights protected by 215, along with the ongoing arrests of patients, brought about the need for SB420, California’s Medical Marijuana Program, or MMP, in 2003.

SB420 required the California Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and primary caregivers. The bill also authorized the Attorney General to set guidelines concerning allowable quantities, possession, cultivation, distribution, non-diversion and other regulations.

Section 11362.78 of SB420 provides relief from arrest in that it states, “A state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the department (DPH)…” – although, with respect to the individual, a patient need not possess an ID card in order to claim the protections of the MMP and legally, according to Prop. 215, doesn’t need anything more than a verbal approval from a physician to use cannabis.   But don’t expect a Pasadena, Los Angeles or other California police officer to accept your word on it.

Becoming a medical marijuana patient is simple. If you suspect, or have established, that cannabis is helpful to your state of health, and you want to protect yourself by becoming a patient, then you must obtain written documentation from a physician for the use of cannabis.

Your personal physician can recommend the use of marijuana, but most doctors prefer to leave cannabis consultations to their colleagues who have chosen to specialize in this emerging specialty. Be sure to go to a reputable licensed physician by first visiting http://www.TheCannabisDoctors.com to find a doctor near you.

Once you become a legitimate patient under California law, then you can forget the back alley deals or dependence on friends to bring some medicine, as you will then be able to join a nonprofit collective that has been incorporated by the State of California to provide medical marijuana to its members.

As a patient you have the right to possess, use, cultivate and transport cannabis within the state – legally.

When you become a patient, not only are you protecting yourself but you are also taking a stand for the future. We and our families and loved ones can no longer let archaic laws rule our lives and rob us of the health benefits of cannabis.

We people in the trenches, those dealing with pain and suffering, must raise our voices for reason and demand that the science of cannabis overcome the political rhetoric that stands in the way of our freedom to make personal health choices.

To learn more or schedule a confidential Pasadena medical marijuana evaluation, please call Roger A. Barnes, MD at 626-344-7596 or visit his website at http://www.TheCannabisDoctors.com to schedule a medical marijuana evaluation in Pasadena, California.

 

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Do Cops Have Free Speech in the Drug War?

Terry Nelson, a retired border patrol agent who supports legalizing drugs, talks about the difficulties that many active duty law enforcers face in speaking out against the “war on drugs.” Terry is a member of Law Enforcement Against Prohibition, which anyone can join for free at http://www.CopsSayLegalizeDrugs.com

California’s Medical Marijuana Program (MMP)…

In 1996, California voters passed Proposition 215, also known as the Compassionate Use Act, which allows patients’ to use cannabis for medicinal purposes with a letter of recommendation from a California licensed physician.

If you or someone you know is suffering from a chronic condition and would like to learn more about using marijuana as an alternative medicine, please call Roger A. Barnes, MD at 626-344-7596 or visit http://www.TheCannabisDoctors.com

 

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ATF says no guns for medical marijuana patients

Federal gun control laws have long barred “addicts” or “illegal drug users” from owning firearms, but a recent restatement of that law with explicit reference to medical marijuana patients is raising eyebrows — and concerns.

In a memo [9] released last week, the US Department of Justice has notified federal firearms dealers that medical marijuana patients are “addicts” or “unlawful drug users” who cannot legally own weapons or ammunition. A medical marijuana registration card is proof enough to deny a weapons sale, the memo said. That has medical marijuana advocates crying foul, but national gun rights groups — not so much. [Update: One national group now has responded; see the statement from Gun Owners of America in the text below.]

No “Sweetness” for Medical Marijuana Patients, ATF Says

The memo was authored by Arthur Herbert, Assistant Director for Enforcement Programs and Services for the Bureau of Alcohol, Tobacco & Firearms (ATF). Herbert said he wrote the memo after receiving “a number of inquiries about the use of marijuana for medical purposes, and its applicability to federal firearms laws.”Herbert cited the section of the federal criminal code that prohibits anyone who is “an unlawful user of or addicted to any controlled substance” from possessing firearms. He reminded firearms dealers that they cannot legally sell guns to people they have reasonable cause to believe are illegal drug users or addicts and wrote that anyone presenting a medical marijuana registration card is providing reasonable cause for the dealer to believe they are illegal drug users or addicts.

Despite the Obama administration’s 2009 Justice Department memo famously vowing not to go after patients and providers in compliance with state laws, the federal government has never wavered from its stance that, despite state medical marijuana laws, marijuana remains a Schedule I controlled substance.

“Any person who uses or is addicted to marijuana, regardless of whether or not his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or is addicted to a controlled substance and is prohibited by federal law from possessing firearms or ammunition,” Herbert wrote.

While the federal gun law is not new, its restatement with specific reference to medical marijuana patients is, and that has advocates concerned.

“This is more evidence of the Obama administration’s malfeasance with regard to medical marijuana,” said Dale Gieringer, long-time director of California NORML [10]. “They have a real penchant for over-regulation. We’ve seen it with the Treasury rules and warnings to banks, we’ve seen it with the continued arrests by other federal agencies. What’s particularly disturbing is that this memo comes from a Justice Department that three years ago said it was going to respect state laws regarding medical marijuana.”

“I don’t think the feds are going to go after gun dealers selling to medical marijuana patients, but the important this is that if you use this medicine your constitutional rights are forfeit,” said Morgan Fox, communications director for the Marijuana Policy Project [11]. “This is just a travesty. Trying to treat medical marijuana patients like second-class citizens and stripping them of their rights as they are dealing with illness is just despicable.”

“The possession of a firearm could make a medical marijuana patient vulnerable to additional charges and sentencing if convicted of a federal marijuana crime, and patients should be aware of that,” said Kris Hermes, spokesman for Americans for Safe Access [12]. [13] “However, it is not the federal government’s place to prevent medical marijuana patients from owning firearms. Following in the footsteps of the Justice Department, Veterans Affairs, and Housing and Urban Development, the ATF memo illustrates how yet another arm of the Obama Administration has demonized medical marijuana and the patient community. The ATF memo underscores the need for a comprehensive policy from the Obama administration that treats medical marijuana as the public health issue that it is,” Hermes concluded.

While medical marijuana supporters have expressed outrage, groups that can usually be counted on to stand up for Second Amendment rights have been largely silent. Although the National Shooting Sports Foundation [14] was the first place outside ATF to post the open letter, it has not responded to repeated Chronicle requests to comment on the Second Amendment rights of medical marijuana users. Neither has the National Rifle Association [15].

After this article went to publication, Gun Owners of America [16] executive director Larry Pratt belatedly replied to our requests for comment.

“ATF seems to be dazed now that their Fast & Furious accessory-to-murder scheme has come to light,” Pratt said. “Their first blind punch was the demand letter regarding multiple rifle sales in the four southwest border states. Not only is it a stupid attempt to try to blame gun stores for what ATF was telling them to do (or doing it directly themselves), but it is illegal.  Now they want FFLs to profile gun buyers to guess who looks like a marijuana user.  Again, they have no legal authority to ask for such an impossibility. What’s not to like?”

One exception is Montana, where both medical marijuana and gun rights are perennial hot topics. There, patients and firearms enthusiasts seem to be on the same page.

“It is egregious that people may be sentenced to years in a federal prison only because they possessed a firearm while using a state- approved medicine,” said Gary Marbut, president of the Montana Shooting Sports Association [17].

“This is making people pretty crazy here in Montana,” said Kate Chowela of the Montana Cannabis Industry Association [18]. “This is a gun owning state, hunting is a big part of our tradition, we have that whole independent frontier thing going on. The government is rescinding the Second Amendment rights of people who use marijuana for their medical conditions. We have had the feeling that this was the policy, but now that we see it in writing for the first time, that really cements it,” she added.

The policy may be cemented, but that doesn’t mean the law on Second Amendment rights for medical marijuana patients is set in stone.

“It’s all well and good for a federal agency to tell us what they think the law is, and that’s what ATF has done,” said Keith Stroup, founder and current counsel for NORML [19]. But there is no federal or state court decision that has held a medical marijuana patient is disqualified from owning a gun.”

“This breaks down like Justice Department opinion in general. They say they have a legal right to deny gun ownership, but they can’t force the states to comply with that; they’ll just have to enforce the law themselves,” Fox said. “This is just a restatement of policy; there have been no court battles over it yet.”

There could be one coming. In a case decided in May, Willis v. Winters [20], the Oregon Supreme Court upheld circuit and appeals court rulings that the Jackson and Washington county sheriffs could not deny concealed weapons permits to medical marijuana patients. The Oregon Sheriff’s Association has now petitioned the US Supreme Court, which will consider whether to take up the appeal in an October 7 conference.

“In the Oregon concealed handgun cases, we argued that medical marijuana patients are not ‘illegal drug users or addict’ as that term is used in federal law, based on the legislative history of the law,” explained attorney Leland Berger, who argued the case.”The Oregon sheriffs have petitioned the US Supreme Court for certiori,” Berger said. “I wrote the court saying that the cases were not certiori worthy and that we waived a response to the petition unless they asked us to file one.”

In the meantime, CANORML’s Gieringer had some common sense advice for patients and dispensary operators. “If you’re a medical marijuana patient, don’t mention it when you go buy a gun,” recommended Gieringer. But he had a word of warning for dispensary operators. “I assume the feds will be ready to use this if they are prosecuting a dispensary and there were any guns on board,” he said.

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ACLU Endorses Colorado Initiative to Regulate Marijuana Like Alcohol

American Civil Liberties Union

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On Thursday, the American Civil Liberties Union officially announced its endorsement of the Campaign to Regulate Marijuana like Alcohol in Colorado, which is currently collecting signatures to be on the ballot in 2012.

Among the reasons cited for the endorsement are the disproportionately high arrest rates of minorities for simple possession of marijuana and the unjustifiable expense of public funds.

According to a statement from the ACLU: “The war on drugs has failed. Prohibition is not a sensible way to deal with marijuana. The Campaign to Regulate Marijuana Like Alcohol will move us toward a more rational approach to drug laws.”

Colorado currently represents the best chance of any of the states to end marijuana prohibition by taxing and regulating this relatively safe substance. We need all the help we can get to gather the signatures necessary to get this initiative on the ballot. If you want the chance to vote on a sensible marijuana policy for Colorado please volunteer or donate here. Even if you don’t live in Colorado, please consider helping out. Once one state begins to tax and regulate marijuana, it won’t be long before others follow suit.

If you or someone you know is suffering from a medical condition and want to learn more about using marijuana as medicine, please call Dr. Roger A. Barnes at 626-344-7596 or visit www.TheCannabisDoctors.com to schedule a confidential medical marijuana evaluation in Pasadena, California.

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