NATURE’S BOUNTY — The outdoor gardener needs to evaluate their crop for maturity or pests and decide when to harvest. Gardening section below. West Coast Leaf photo by Chris Conrad
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FLURRY OF COURT RULINGS BOOST PATIENT RIGHTSSan Diego loses again in its effort to ban med marijuana; Limits held unconstitutionalBy Chris Conrad Editor in Chief Statutory limits on patient gardens and quantities and San Diego County’s attempt to overturn California medical marijuana laws both got tossed out of state court in recent months, and the medical approval for cannabis does not automatically expire every year on a certain date. Those were among the rulings in state court cases; and it’s not over yet as the California Supreme Court will soon hear arguments regarding the role of a “caregiver” in People v Mentch and elected to review the People v Kelly decision, one of several recent decisions taking issue with efforts by officials to restrict the patient’s quantity of cannabis. Until Kelly is decided, the High Court’s People v Wright decision prevails, i.e., “although couched in mandatory terms, the amounts set forth in section 11362.77, subdivision (a) were intended ‘to be the threshold, not the ceiling’.” County officials lost yet another round in the San Diego v NORML effort to force the state to follow federal law, a violation of the separation of jurisdictions. County Supervisors voted immediately to continue to fight the case at taxpayers’ expense. In People v Windus, the Court held that “In order to present a [Prop 215] defense to the jury, a defendant must have obtained a recommendation to use medical marijuana prior to his or her arrest. However, that recommendation need not specify an approved dosage or amount of marijuana that may be possessed.” Statewide, SB420’s numerical quantity limits were ruled unconstitutional in two separate cases; Kelly (LA) and Phomphakdy (Sacramento). Prop 215 set no limits on the number of plants or amount a patient may have. Per the California Constitution, a voter initiative requires voter approval on later amendments.
Ninth circuit, 10th amendment:
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GUIDING LIGHT — Dispensaries like this one in the San Fernando Valley have more legitimacy, but are on a tighter rein in AG Jerry Brown’s new enforcement guidelines and interpretation. While not the final word in court, this policy will be influential in determining how police and local prosecutors handle cases in deciding whether or not to file charges. West Coast Leaf photo by Mikki Norris
AG: Dispensary cannabis sales can be lawful under State lawBy Kris Hermes Americans for Safe Access California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana Aug. 25, with support from advocates and law enforcement alike, as well as some dissent. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local policies. They also provide recommendations for operating cannabis dispensaries in accordance with state law. Specifically, the Attorney General states that, “a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law.” The guidelines are the culmination of years of work by Americans for Safe Access (ASA) and other advocates to educate and urge action from the Attorney General and other state officials. “Today we stand beside the Attorney General of California in his effort to fully implement the state’s medical marijuana law,” said ASA Chief Counsel Joe Elford. “We welcome this leadership and expect that compliance with these guidelines will result in fewer unnecessary arrests, citations and seizures of medicine from qualified patients and their primary caregivers.” The guidelines not only provide direction for patients and police, but also for lawyers, judges and public officials to better understand their rights, responsibilities and obligations under state law. The guidelines firmly establish that as long as patients and caregivers abide by local and state laws, they “should be released” from police custody and “the marijuana should not be seized.” In the event that marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, they state that police “must return the property.” Affirming that California’s medical marijuana law is not preempted by federal law, Brown directs “state and local law enforcement officers [to] not arrest individuals or seize cannabis under federal law” when a person’s conduct is legal under state law. Contained within the guidelines is a controversial provision requiring cannabis dispensaries to operate on a not-for-profit basis. This interpretation comes from the Medical Marijuana Program Act (SB 420) adopted in 2003. However, while the voter-approved initiative Prop 215, the Compassionate Use Act, refers to the need for a distribution system, no mention is made of for-profit status. In its discussions with the AG’s office, ASA strenuously objected to this provision of the guidelines. The guidelines come at a time of escalating interference by federal agencies. The Drug Enforcement Administration (DEA) and Department of Justice continue to undermine state law through ongoing investigations, raids, seizures, prosecutions and imprisonment of patients and providers. In response, several mayors, including Gavin Newsom and Ron Dellums, voiced their outrage to House Judiciary Chair John Conyers (D-MI) and have called for oversight hearings. For the Attorney General bulletin to all law enforcement after 2005 US Supreme Court decision Gonzales v. Raich: AG_Raich_Bulletin2.pdf. For the most recent AG guidelines AG_Guidelines.pdf. Our opinion: Guidelines are a mixed bag. Click here to read our editorial.
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West Coasterdam Report, Autumn 2008Over 100,000 turn out for cannabis reform at Seattle HempfestSeattle Hempfest, Aug 16-17 on the waterfront at Myrtle Edwards Park, was both a celebration of cannabis culture and an event focused on political organizing. Tens of thousands of people milled among displays, information tables, and vendors with glassware, hemp products and exotica from around the world. Speakers passionately addressed a range of cannabis related topics, ran nonstop educational panels and a hemp fashion show. Many urged participants to vote for Barack Obama. Rick Steves compared his experience of cannabis to that of travel. Seattle police at the event took care of a few rowdies, but observed I-75 and made cannabis their lowest enforcement priority – with no pot arrests. |
National and International ReportsCannabis only, please: tobacco banned from Dutch coffeeshopsThe Netherlands became the latest country to ban smoking in bars and restaurants July 1 — and extended the ban into cannabis coffeeshops, where cannabis is sold and smoked. Fortunately there is a legal loophole: The ban is against tobacco, not cannabis; so people can still light up their joints inside Amsterdam Coffeeshops. The common Dutch practice of mixing tobacco with cannabis, however, means that people who smoke European style or blunts must now step outside the coffesshops to smoke their blend. Brazilian Appeals Court strikes down drug possession lawsA São Paulo, Brazil, appeals court in declared in March that possession of drugs for personal use is not a criminal offense. The ruling comes nearly two years after Brazil changed its drug laws to depenalize drug possession for personal use; possession remains a crime, but penalties do not include incarceration. This is the first time an appeals court has found the law against possession to be unconstitutional. A man named Lopes was arrested on the night before Carnival in 2007 with 7.7 grams of cocaine in three bags. He asserted that it was for his personal use, but was sentenced to 2 1/2 years in prison as a trafficker. First the appeals court judges threw out the trafficking charge; then it threw out the possession charge as unconstitutional. Judge José Henrique Rodrigues Torres found that the law criminalizing drugs for personal use violates the constitutional principles of no harm to third parties, privacy (personal choice), and equality (i.e., possessing alcohol is no crime). “One cannot allow any state intervention, particularly repressive and of penal character, in the realm of personal choice, especially when it comes to legislating morality,” he said. New Mexico considers options in providing medical cannabisNew Mexico’s recently adopted medical marijuana law calls for the state to license growers or distribute cannabis itself. The NM Department of Health is in the process of collecting feedback and comments on the State’s Patient Identification Registry and the licensing requirements for its production and distribution system. The NM bill, passed while Gov. Richardson was campaigning for the Democratic presidential nomination, was slated for a public hearing in September, with testimony by Michael Jones of Law Enforcement Against Prohibition (LEAP) and others. To send comment or review information on the program, visit health.state.nm.us/marijuana.html. WHO study documents failures of US Drug WarBy Bruce Mirken MPP Director of Communications* The United States has some of the world’s most punitive drug policies and has led the cheering section for tough “war on drugs” policies worldwide, but a new international study suggests that those policies have been a crashing failure. A World Health Organization (WHO) survey of 17 countries, conducted by some of the world’s leading substance abuse researchers, found that the US has the highest rates of cannabis and cocaine use. The numbers are startling. In the US, 42.4 percent admitted having used cannabis. Next was New Zealand, another bastion of get-tough policies, at 41.9 percent. No one else was even close. The results for cocaine were similar, with the US leading the world by a large margin. Some of the most striking numbers are from the Netherlands, where adults are permitted to possess a small of cannabis and purchase it from regulated businesses. Some US officials have claimed that Dutch policies have created a decadent den of drug use, but the new study demolishes such assertions: In the Netherlands, only 19.8 percent have used cannabis — less than half the US figure. Even more striking are the figures for use by young people. Again, the US led the world, with 20.2 percent trying cannabis by age 15. In the Netherlands, just seven percent used cannabis by 15 — roughly one-third of the US figure. The White House Office of National Drug Control Policy tried to dismiss the study, Bloomberg News reported: “Trying to find a link between drug use and drug enforcement doesn’t make sense, said Tom Riley, spokesman for the ONDCP. “The US has high crime rates but we spend a lot on law enforcement and prison,’’ Riley said in a telephone interview. “Should we spend less? We’re just a different kind of country. We have higher drug use rates, a higher crime rate, many things that go with a highly free and mobile society.” Ironically, ONDCP takes the opposite line whenever a state considers reforming marijuana laws. In March, deputy Drug Czar Scott Burns railed against a NH proposal to decriminalize cannabis, saying it “sends the wrong message to New Hampshire’s youth, students, parents, public health officials and the law enforcement community,” and would lead to “more drugs, drug users and drug dealers on their streets and communities.” The WHO researchers put it this way: “The US, which has been driving much of the world’s drug research and drug policy agenda, stands out with higher levels of use of alcohol, cocaine, and cannabis, despite punitive illegal drug policies. ... The Netherlands, with a less criminally punitive approach to cannabis use than the US, has experienced lower levels of use, particularly among younger adults. Clearly, by itself, a punitive policy towards possession and use accounts for limited variation in nation level rates of illegal drug use.” * Marijuana Policy Project, www.mpp.org.
Argentina’s green OctoberBy Mike Bifari In August, Argentine President Cristina Kirchnerin called for the decriminalization of drug possession, lending support to a bill introduced last year by the justice minister and giving an implicit nod to a series of recent Argentine court decisions that have rejected punishing drug users. Decriminalization has sparked a national debate in Argentina. One poll showed that 19.6 percent of people in three major cities, Buenos Aires, Cordoba and Rosario, now use cannabis. The popular social views have changed from the stigma of crime and addiction to accepting a more humane look at the issue, and that has some vested government officials worried. “With current law all we get is repression,” said Edith Moreno of Cogollos Argentinos, a medical marijuana association from Cordoba. “We expect a new bill they are working on now, but so far there has been no word about medicinal use or the rights of growers. Today, it is better to be considered a ‘person with problems’ – an addict – than an offender facing four to 15 years for simple possession. In a nation that has experienced extreme human right violations, we feel that this current government needs to address the many difficulties facing the safe and effective regulation and distribution of cannabis.” Cogollos Argentinos along with physicians, patients, growers and collectives feel they should be included in the committee that is writing the new bill if its intent is to normalize and regulate cannabis for all. Thousands of home grows exist in every big city in Argentina. Homegrown has begun to replace cannabis smuggled in from Paraguay, the number one producer in South America. More grow-shops have opened up and more “Argentinos” have become indoor growers realizing that this is the best way to obtain quality medical cannabis and fight illegal trafficking. Fortunately, there are people in Argentina who are willing to work for sensible regulation and reform of current laws.
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New group looks to the quality, safety of CA cannabis supplyA group of major cannabis stakeholders, including, patients, activists, providers, dispensary operators, attorneys and organizational leaders have formed the Medical Cannabis Safety Commission. From developing scientific methods of inspecting cannabis products, to working with quality-control specialists and analytical labs, to creating standards for handling, tamper resistant packaging and clear labeling, the community can begin to clearly document and identify wholesome and safe medicines for patients. “Creating a guarantee of safe and sanitary products will help ease the minds of regulatory authorities, unsure physicians, and opponents of medical cannabis,” said Mickey Martin, formerly a provider of cannabis medical edibles. “It is imperative that dispensing collectives, medical providers, and patients develop a safety commission to begin a voluntary self-regulation process and begin truly ensuring that the most vulnerable patients have access to medicine that has been certified clean and safe for consumption.” To join or get info, email medcansafety@yahoo.com.
Oregon patients hold line on OMMP feesBy Stoney Girl Oregon’s medical cannabis community first learned about a document called The Domino Effect in 2005; a set of findings and recommendations to the Governor from the Governor’s Council on Alcohol & Drug Abuse Programs that is presented to the Governor every two years, as the culmination of the Council’s biennial work. It included offensive language about medical cannabis, calling it an “illicit drug” and implying that it causes paradoxes in policy for employers and drug prevention specialists. It called to raise the application fees for the Oregon Medical Marijuana Program (OMMP) and allow the Council to collect and oversee any ‘surplus funds’ (revenue beyond program costs) generated. The activist community began a letter writing campaign, and the idea to raise fees was dropped. Other problems remained. In 2006, reformers fought SB465, a bill from one of the Council’s Work Drug Free Program, which would have allowed employers to fire cannabis patients for drug-testing positive even if they had an OMMP identification. It was hard fought, but our supporters kept it bottled up. Unexpectedly, it was revived in the 2007 session; then killed again. Once the session was over, everyone figured it was dead; until we found the new Domino Effect Report II ... with the same offensive language from the original document. Advocates started organizing people to go to the monthly meetings. Activist groups Voter Power and Oregon Green Free sent members to every Council meeting for the last five months letting its members know that every time they mention medical marijuana they are going to have a fight. They even got in on a round-table about the Work-Drug Free Program. At its last meeting, Councilman Gary Smith said they had removed the part about raising OMMP fees from Domino Effect II. This is a great relief to patients statewide that reaffirms that activism can make a difference. Oregon 2010 initiative updateBy Russ Belville OCTA Political Director The State of Oregon may tax and regulate the sales of cannabis in state liquor stores in 2010 if voters pass a new initiative working its way toward the ballot. Oregonians for Cannabis Reform launched their signature drive in July for the Oregon Cannabis Tax Act of 2010 (OCTA). Co-chief Petitioners Madeline Martinez of Oregon NORML and Paul Stanford of The Hemp and Cannabis Foundation need to gather nearly 83,000 signatures from registered voters statewide to place the measure on the ballot. The OCTA would allow adults age 21 and over to possess and cultivate for personal use. Oregon’s current medical marijuana patients would be as free as any adult to grow and possess cannabis. In addition, the state would sell cannabis to pharmacies at cost for qualifying patients. Commercial cultivation and sales would be regulated and controlled by the state through the existing Liquor Control Commission. The commission would license individual growers to produce a crop for the state. Martinez cites figures from Harvard economist Jeffrey Miron’s Budgetary Implications of Marijuana Prohibition in the US that show that taxing and regulating cannabis similar to alcohol would reap $10-14 billion in savings and revenue in America. Miron’s figures for Oregon show $61.5 million spent in enforcement of marijuana laws every year. Taxation and regulation in Oregon, according to Miron, would reap $9.7-14.1 million for the state. Stanford estimates that tax revenue from the hemp industry and commercial cannabis growers, profits from cannabis sales, and increased tourism would push the total economic contribution of cannabis hemp to around $300 million per year. For more information, visit cannabistaxact.org. STOP THE LAWSUIT — Patients and supporters gathered at the San Bernardino County Seat to demand their Supervisors stop spending tax money on the failing lawsuit by San Diego County that attempts to roll back medical marijuana reforms. West Coast Leaf photo by Lanny Swerdlow San Bernardino County shuns patients, pursues failed lawsuitBy Lanny Swerdlow, R.N., Director, Marijuana Anti-Prohibition Project Over the objections of cannabis patients and advocates, the San Bernardino County, CA, Board of Supervisors voted to join San Diego and file an appeal to the California Supreme Court in San Diego v NORML, their twice-failed lawsuit to overturn Prop. 215. The issue is of major importance to county patients, as police officers continue to arrest and the DA’s office continues to prosecute patients. If the County had dropped the lawsuit, it would have to issue the state ID card and police could no longer arrest card-carrying patients. As long as the lawsuit is actively litigated by the County, it can continue to refuse to issue the ID card. Consequently, Sheriff Gary Penrod flexed his political muscle to get the Supervisors to appeal the lawsuit so he can continue to arrest patients. In an effort to counter law enforcement and help the county make an informed, rational and compassionate decision, patients and advocates held a Rally and Speak-In on Aug. 12 in downtown San Bernardino. It began in front of the Health Administration Building. Patients and advocates held signs decrying the waste of taxpayer funds on the anti-medical marijuana lawsuit while the county is cutting funds to health care facilities, libraries and other public agencies due to a $17 million revenue shortfall. Then patients and advocates, waving signs and chanting “2–4–6–8, we don’t want to litigate,” marched to the County Building where the Supervisors hold their weekly meetings. After marching in front of the building and handing out flyers, the crowd of about 45 went into the County Chambers to make oral presentations during Public Comment. Many patients spoke of their ailments and the effective relief cannabis brings them. Some spoke of their difficulty in obtaining medicine. Many talked about their fear of arrest since the Supervisors ordered the Health Department to not issue the state identification cards. Others discussed the waste of taxpayer money, while others lectured Board Members of their obligations under the California Constitution to enforce state law even if it conflicts with federal law. Unexpected support came from Mr. Cele King IV, Vice Chairman of the Congress of Racial Equality (CORE) and an organizer of a new community health coalition. King had come to speak on issues relating to the Board of Health but was so moved by the presentations made by the patients that he took his allotted speaking time to remind the board of their obligations to take care of the health concerns of county residents and that included safe access to their medicine. For almost 90 minutes, the Board listened to patients and advocates present passionate, common sense arguments on why the Board should drop its lawsuit. Ultimately, the Board’s fear of the 800 pound law enforcement gorilla in the back room overcame its will to uphold state law and to provide for the health and welfare of county residents. Hawai’i patient info released in state agency screw upBy Pamela Lichty Drug Policy Forum of HI President It’s been a tough couple of months for Hawai’i’s medical marijuana program. First the Department of Public Safety’s Narcotics Enforcement Division (NED) mistakenly released the database of all 4,200 patients to the Hawai’i Tribune Herald in Hilo. Then Governor Linda Lingle vetoed a bill that would have set up a task force to look at problems with the program and report back to the legislature. The release of patients’ names, addresses, plant locations (an invitation to thieves), certificate numbers and even doctors’ names caused widespread fear among patients, families and physicians – even though the data never appeared in print. The NED appeared to take the confidentiality breach seriously. It claims to have taken steps to ensure that this won’t recur and instructed the Herald to destroy all data they received. They sent a letter to each registered patient (though some never received it) informing them of what happened, the steps it had taken to prevent a recurrence, and apologizing for the breach. This episode had a chilling effect throughout the state. It illustrates the problem of entrusting such sensitive medical information to an enforcement agency inexperienced in dealing with medical privacy issues. Attorneys are still determining if legal action against PSD is warranted. But the breach has damaged the credibility of the program and confirmed the worst fears of both patients and physicians. The good news is that these recent affronts have inspired “blue card” holders across Hawai`i to come together to raise their voices for reform.
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UN NGO PARTICIPANTS – Left to right: Stijn Goosans, Int. Network of People Who Use Drugs; Alan Clear, Harm Reduction Coalition; Sanho Tree, Institute for Policy Studies; Mike Krawitz,Virginians Against Drug Violence. WCL photo by Lennice Werth UN forum calls for Human Rights-based drug policy reformBy Graham Boyd ACLU Drug Law Reform Project The United Nations’ Office on Drugs and Crime (UNODC) measured progress in its global “War on Drugs” at the Beyond 2008 Forum in Vienna, Austria July 7-9. The UN convened the forum to involve the NGO (non-governmental organizations) community – featuring a diverse coalition of 300 drug treatment, prevention, and policy reform groups – into the development of future policy, practice, and strategy. Previously, UN drug policy has been left to operate in a lonely silo, apparently exempt from the tenets of transparency and accountability that guide other UN policy-making bodies. Now, for the first time, there is a genuine opportunity for international drug strategy to be informed by critical voices – a sensible approach that is commonplace for other issues. Forum participants spoke to the inability of current, principally punitive drug policies to reduce the supply of or demand for illicit drugs, as well as the significant violence, health problems, and civil and human rights violations directly attributable to these policies. There was near-universal agreement that US government insistence on incarceration as a catch-all solution to the misuse of illicit drugs has failed to reduce drug-related harm both at home and abroad, while defying the basic tenets of the UN’s Charter and Universal Declaration of Human Rights. The forum concluded with a unanimous call for a new approach to drug control policy. The resolution recognized “the human rights abuses against people who use drugs” and called “harm reduction” strategies necessary and worthwhile to reduce negative consequences of drug use. It also called for: • “Evidence-based” drug policy focused on “mitigation of short-term and long-term harms” and “full respect for human rights and fundamental freedoms” • Alternatives to incarceration • Comprehensive “reviews of the application of criminal sanctions” as a form of drug control • A UN report on the collateral consequences of the current criminal justice-based approach to drugs, to provide “analysis of the unintended consequences of the drug control system” • A shift in primary emphasis from interdiction to treatment and prevention, and • Provide development aid to farmers before eradication of coca or opium crops. The forum’s declaration and resolutions will be presented to the High Level segment of the UN Commission on Narcotic Drugs and the UNODC at the March 2009 UN General Assembly Special Session on Narcotic Drugs, when its next 10-year strategy will be determined. The real test will be if member states are compelled to implement recommendations from the NGO resolutions to craft the strategy. This historic moment presents an opportunity for systemic change; and not a moment too soon. International opposition to the US-led Drug War is at an all-time high. Meanwhile, in the US, where more than one in 100 adults are now behind bars – half a million for drug law violations – the American public is waking up to the reality that reliance on enforcement and incarceration is neither good for public safety nor economically sustainable. Universal human rights and global safety from drug-related harm are not mutually exclusive. An honest examination by the UN of the past 10 years, informed by diverse voices and, most importantly, by its own voice within its Charter and human rights mandates, can yield an evolved international strategy recognizing human freedom and dignity as the ultimate goals – not enemies – of global drug policy. Drug War casualties mount
GRAND OPENING — Charles Lynch (center, wearing suit) was welcomed by the Morro Bay Chamber of Commerce and city officials. He established his dispensary as a model of responsible business practice before armed Federal drug agents invaded the facility, stole the medicine and filed marijuana charges against him. Photo courtesy of Americans for Safe Access. Lynch convicted in conflict of Fed, state lawsBy Rebecca Salzman Americans for Safe Access The closely watched federal trial of a California medical marijuana dispensary owner has resulted in guilty verdicts on all counts. Charlie Lynch, 46, faces a minimum of five years in prison, even though he operated his dispensary legally under state law, complied with regulations set by Morro Bay city officials, and contacted federal authorities about his plans. Lynch, a successful software developer with no prior criminal record, sought and received a business license from the city and was welcomed to the local Chamber of Commerce. Central Coast Compassionate Caregivers was open for 11 months before federal agents raided it on March 29, 2007. Federal cannabis trials typically forbid any mention of state or local laws, or even the medical conditions of the patients. But attorneys’ for Lynch persuaded the judge to allow limited testimony from the Morro Bay mayor and city attorney, as well as Lynch’s own account of attempts he made to operate within the law. Lynch testified that he called federal authorities on four occasions to find out if he could legally open a dispensary, and he has phone records to prove that he at least made the call. He claims a DEA agent told him it was up to state and local laws. His federal public defenders argued that this amounted to a legal assurance, and any violations of federal law were the result of entrapment. The foreman told ASA that the jury was not persuaded of his contact with the DEA because Lynch could not provide the names of people he spoke with. During the week-long trial, Lynch testified that he did everything he could to make sure his activities were within the law. His federal public defenders introduced evidence showing that he maintained scrupulous records and enforced an uncompromising ethical code of conduct for his employees. Federal prosecutors allege that he was concerned only with profits and that some of the patients to whom he sold were under 21, an offense that carries sentencing enhancements. Lynch attempted to call one of those patients to the stand as a character witness. Owen Beck, a 17-year old bone cancer survivor, appeared in court with his parents, who had always accompanied him on his visits to the dispensary, per city regulations. But after hearing that the cannabis Beck bought was being used on the advice of his Stanford oncologist, Judge George Wu ruled his testimony inadmissible. Beck’s father told reporters that Lynch had never asked for or received payment for the cannabis he provided Owen. Though Lynch was in full compliance with state and local law, the federal investigation against him was supported by San Luis Obispo Sheriff Pat Hedges, who is being sued by a former patient of Lynch’s for seizing her medical records in the raid. Lynch was found guilty of conspiracy and possession with intent to distribute marijuana and concentrated cannabis, manufacturing marijuana, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21. On Oct. 6, Lynch is scheduled to have a hearing on a motion for a new trial in Los Angeles. ASA is planning a rally outside the courthouse and invites all advocates to join us on that day to support him. For rally info, see ASAAction.org, and for blog coverage of Lynch’s case, see AmericansForSafeAccess.org/LynchBlog. Judge reluctantly sentences dispensary operatorBy Vanessa Nelson medicalmarijuanaofamerica.org US District Judge Lawrence Karlton didn’t seem to be quite himself on the morning of July 22. He sighed, cringed, hesitated and agonized. He shifted around uncomfortably behind the bench, launching lines of commentary that trailed off to nowhere. He made nervous jokes whose humor eluded observers, then returned to the cringing and agonizing. It was not senility. It was not a digestive difficulty. It was the judge’s first sentencing in a medical cannabis case, and it was hitting him hard. Richard Marino had grabbed headlines in early 2004 by opening the first cannabis dispensary in Roseville. Capitol Compassionate Care operated out of a storefront in its quaint historic section. Its opening near Sacramento attracted a flurry of attention. Like all other dispensaries, the CCC was coexisting with a federal law that bans cannabis and a state law that allows medical use. Marino didn’t tiptoe around the legal conflict. He operated openly from the beginning, and in response to his well-publicized grand opening, DEA spokesman Richard Meyer announced. ”They should not be surprised if one day we show up with a warrant at their door.” Agents eventually did show up with a warrant on the morning of Sept. 3, 2004, along with the Internal Revenue Service. They also conducted a search of Marino’s home, where his large outdoor garden had inspired complaints from neighbors. By the end of the day, agents confiscated computer equipment, financial records, patient files, over $100,000, nearly 20 pounds of medicine, and hundreds of plants. Forfeiture proceedings quickly snatched Marino’s home away from him, but it would take a year and a half before the extensive criminal charges followed. In 2006, federal prosecutors announced a 19-count grand jury indictment against Marino. He was charged with a variety of cultivation and distribution counts, as well as conspiracy and money laundering. In addition, the government sought over $2.7 million in forfeiture – their calculation of the income generated by CCC during eight months of operation. In May 2008 Marino finally accepted a deal and pled guilty to money laundering and conspiracy to distribute. Unrepentant, he maintained, “I’m a victim of federal laws that are backwards, irrational and unfairly applied.” By the time he made it in front of Judge Karlton, Marino’s fate was sealed. He had won leniency by giving the government information on other criminal cases, but it wasn’t enough to take his recommended sentence below the four-year mark. A few years in prison appeared inevitable. Before making the final pronouncement. Judge Karlton paused to read though the facts of the case one more time. He rubbed his head in consternation, bemoaning federalism as “an excuse for doing the worst we can to people.” Then, sighing, he gave Marino the expected 51-month sentence, sending him through the back door of the courtroom to become medical marijuana’s newest prisoner of war.
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2008 Election run-up:
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Feds open season with a bust
DEA, CAMP raids tear through CA as outdoor gardens continue to ripenBy Dale Gieringer California NORML Director Federal agents swarmed into California to stage high-profile cannabis raids as the 26th season of the Campaign Against Marijuana Planting roared into gear. In one of the largest anti-cannabis operations in memory, some 450 agents from the FBI, IRS, Postal Service, DEA and state BNE descended on southern Humboldt County to raid a single operation. Further south in Tulare County, Drug Czar John Walters showed up for a massive cannabis eradication sweep dubbed Operation LOCCUST, as in the swarming insect pestilence that destroys valuable farm crops. Walters showed-off for the cameras by whacking weed in Sequoia National Forest. “This is not the marijuana of the 1980s,” intoned Walters, dismissing his usual target, the 1960s. “[It] is not something raised by some retired hippie.” Dubbed “Operation Southern Sweep,” the Humboldt raid targeted a 2,000-acre spread near Whitethorn known as “Buddhaville,” after its leader Robert Juan aka “Buddha,” who organized its purchase through Lost Paradise Land Corporation. The DEA called Buddhaville a “large-scale, for-profit commercial business,” claiming that medical marijuana was not involved. Buddha responded that the property was leased among many tenants, who acted independently, did not all know each other, and include small-scale medical growers with as few as nine plants each. Rumors of the raid made the rounds days earlier, as drug agents were congregating at the Red Lion Hotel in Eureka. They arrived just as hundreds of forest fires broke out in Northern California, inviting comparisons to the infamous Roman Emperor Nero. “As fires rage, the law protects us from marijuana,” noted the Sacramento Bee. The operation cost $395,000, according to an investigation by the Eureka Reporter. Given its unprecedented scope, the operation’s take was paltry. In five days, agents seized 15,696 plants — just 35 per agent; less than many routine CAMP raids. The agents also seized $200,000 cash and 53 firearms. No arrests were reported, but the government filed for forfeiture of the land. Thirty-six suspects were arrested in the Tulare operation, most of them Mexican nationals. Supervisor Allen Ishida blamed the grows on “organized drug cartels out of Mexico.” Defense attorneys dispute the notion of “Mexican cartels.” “In over 20 years of practice, I have never seen a case in which the grow was actually by the Mexican Mafia or any big Mexican cartel,” says NORML attorney Bill Panzer. The term “cartel” is properly defined to mean a monopolistic, large-scale organization that controls an economic market. There is no evidence that the cannabis market is controlled by any such organization. Knowledgeable sources report that many local Anglo growers hire Mexicans to tend their crops, same as for almonds or grapes; others are said to leave Mexican food and Spanish-language newspapers in gardens to throw investigators off track. LOCCUST netted a spectacular total of 420,000 plants during an eight-day sweep of Sequoia National Forest. By way of comparison, that is more than CAMP’s annual statewide take before 2003. The state’s crop has soared during Walters’ tenure in office, reaching a record 2.9 million plants in 2007. California NORML estimates that 90 percent of the crop is for the non-medical market. Another bumper crop is expected this year, as CAMP continues to prop-up prices in the illegal market.
Drug War POW Updates:POW Update: Dustin Costa POW Update: David Davidson POW Update: Thunder Rector — Vanessa Nelson medicalmarijuanaofamerica.com No compassion at CPS for medical cannabis useBy Rogue Dude Name withheld by request Most cannabis patients with children go about normal lives, completely unaware that they walk the razors edge. Simply following California’s medical cannabis laws is not enough to protect your children and you from Child Protective Services (CPS); Social workers who are paid to justify taking your children away; including for cannabis use by parents. This social injustice has not made many headlines mainly because once a parent is caught up in with CPS they are muzzled. It is illegal for the parents to discuss the case with anyone, including the news media, and anyone outside of the case, about what happened, and what is currently going on. They risk contempt of court charges for merely telling someone their own plight I am a father that has some experience. I am one of countless stories that have become all too real to parents in this state and across this nation. We hear of the 800,000+ annual marijuana arrests, but few ever see the children that suffer and often are removed from their homes, traumatized due to misunderstandings surrounding a parent’s cannabis use. Some basics: 1. The federal government considers cannabis illegal and it funds most state and local CPS programs. Feds say it is illegal to possess, grow or distribute in any amount: a crime your children might pay for. 2. A doctor’s approval and state ID card are no defense against the CPS who believes any cannabis use is drug abuse. 3. Be discreet, do not use in front of your children or where neighbors might see. 4. Keep your home in order. No dirty ashtrays, stashes lying out, bongs on coffee tables where your child may find them. A caseworker must be able to walk into your home at any time, and not find a thing. 5. Do not grow in the house or on your property. Locks alone are not enough; the garage is child accessible; a couple plants in the yard is not considered child safe. 6. CPS is not your friend. If a caseworker is at your home, there has been a third party complaint. Take it seriously; you and your children have rights – secure them. 7. Get your attorney to ask: Why exactly are they there and what was the complaint made against you? Don’t try explain your way through – there are statutory considerations involved, so get a good lawyer. 8. Take notes and say as little as possible. If CPS is there you have problems. You are not obligated to answer questions immediately or share medical information. Giving too much information is the biggest mistake a parent typically makes. There’s a court hearing, with a judge usually within 72 hours. Let your attorney advocate for you. Stay calm. Follow orders; take all the classes offered, and be clean, honest and respectful. That’s your best bet.
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Cindy McCain’s alcohol ties cause election buzzBy Anne Catto Safer Alternative For Enjoyable Recreation (SAFER) is taking advantage of 2008 presidential election buzz to highlight the fact that a cannabis buzz contributes to far fewer problems than an alcohol buzz. In August, the Denver-based nonprofit launched a campaign labeling the wife of Republican presidential nominee Sen. John McCain (R-AZ), Cindy McCain, a “drug dealer.” She is also the chairperson and majority shareholder of Hensley & Co., one of the nation’s largest distributors of Anheuser-Busch beer; more than 23 million cases of beer a year while netting more than $300 million. “Selling millions of dollars worth of alcohol can potentially land you in the White House,” said SAFER Executive Director Mason Tvert. “But selling just a few hundred or thousand dollars worth of marijuana it will land you in the big house (prison). It is incredibly hypocritical, especially since cannabis is without a doubt a less harmful drug than alcohol.” The SAFER campaign held a protest at the Hensley Cartel’s Phoenix headquarters, and placed “Wanted” poster blog ads it on various popular state and national political blogs. It launched DrugDealerCindy.com, a website to reveal the potential First Lady’s role in the “Hensley Cartel.” It features Drug-Deal-Er, a video parody of the Budweiser Frogs; a petition for more rational cannabis laws, and downloadable “Wanted” posters that offer a $420 reward to anyone who can disprove the fact that cannabis is safer than alcohol. Pointing to an earlier campaign targeting Democrat, brewpub owner and Denver Mayor John Hickenlooper, Tvert said, “This is not about party politics; it’s about partying politics.” SAFER introduced a recommendation via the Denver Marijuana Policy Review Panel (established by its successful 2007 “lowest law enforcement priority” initiative) that the Denver Police Dept. refrain from citing, detaining or arresting any adult for cannabis during the DNC. This will surely create a buzz around the issue, and you can find out what happened and read more about it and other SAFER projects at www.SAFERchoice.org. ILLEGAL DRUG DEALER — SAFER’s Mason Tvert points out McCain’s role in distributing beer that often winds up in the hand of underage drinkers. Photo courtesy SAFER. California felons can vote unless held in state prisonBy Allison B. Margolin Attorney at Law Many, many marijuana felons can and should vote. With the big election right around the corner, it is imperative for current and ex-felons to exercise their right to vote when the law allows them – and, often, felons can vote. This way voters can choose leaders who will most effectively improve the legal, political and social contexts that led to their convictions. In California, the Court of Appeals ruled in League of Women Voters of CA v. McPherson, 145 Cal. App 4th 1469 (2006), that felons can vote when they are in county jail or off parole. The Court relied on the CA Constitution Article II, Section IV: “The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony,” and ruled that when a felon is in county jail, as opposed to state prison, the crime would be treated as a misdemeanor for purposes of voting rights. The League case arose via a writ of mandate, a request for a court to compel a governmental agency to perform its duty when three nonprofit groups and three felons in local jails brought suit to compel the State to accept voter registrations sent from jail. Oregon’s voting laws are similar, but a felon there can vote while on parole. A parole violation resulting in incarceration does result in a loss of voting privileges. In Washington State, all felons automatically lose their right to vote and must petition to have their right to vote restored under Section 994A.637 (1)(a). If the conviction was before July 1, 1984 you must petition the Indeterminate Sentencing Review Board to restore your right. Call 360-493-9266, or go online to srb.wa.gov/ restorevotingrights.html. If convicted of a federal felony, a state resident must appeal to the State Clemency and Pardons Board, which can restore civil rights to federal felons residing in the state. It is vital for marijuana felons to take advantage of their right to vote. Only by exercising these rights can felons bring about the political and social changes that can result in preventing future generations from being incarcerated. Mass Question 2 vote for decrimBy Whitney Taylor CSMP Massachusetts voters have the opportunity to vote for a marijuana decriminalization initiative on the statewide ballot. The binding initiative, sponsored by the Committee for Sensible Marijuana Policy, would create a civil penalty system for possession of an ounce or less of cannabis. If passed, individuals caught with an ounce or less would receive a $100 citation, like a speeding ticket; no arrest or booking, no creation of an offender report, and no criminal record. If passed, CSMP’s Ballot Question 2 would be the first time a state decrim law was passed by voters. Eleven state decrim laws have been passed by state legislatures. Because of the draconian nature of its Criminal Offender Record Information (CORI) system, the Bay State is in particularly urgent need of this reform. The system is accessible to over 10,000 entities across the state. An individual does not have to be charged or convicted to be entered into it; it only requires an arrest for a CORI to be generated. And while CORIs are supposed to be removed from the database after set periods of time — 10 years for a misdemeanor and 15 for a felony — the database is not regularly “cleaned.” In a state population of 6.4 million people, an incredible 2.8 million records are in the database, with an average addition of 1.5 million new CORIs every year. People with a CORI are denied jobs, housing, licensure, insurance and myriad other opportunities that would allow them to lead a productive life. The passage of Question 2 will end the creation of CORIs for approximately 7,500 individuals caught with small amounts of marijuana every year. It will also lead to major savings for taxpayers. According to a 2008 report by Harvard economist Jeff Miron, Ph.D., Mass state police departments spend in arrest and booking costs alone $29.5 million a year that could be better used. State voters are ready for sensible policy reform. Since 2000, 30 non-binding decrim questions have passed on local ballots, with an average win of 62 percent. A February 2007 poll showed 60 percent support for Question 2, and an August 2008 poll showed 71 percent. CSMP and the Yes on Question 2 campaign hope to generate national support for this landmark initiative as well. We invite you to read more about Question 2, sign up for our alerts and donate to the campaign by visiting www.SensibleMarijuanaPolicy.org. Please join us in our efforts to create a sensible marijuana policy in MA. |
FALL COLORS — Autumn means it’s time for gardeners to look over their crop for ripeness (these are not yet fully mature) and decide how and when to harvest. WCL photo by Chris Conrad Give flowers enough time to ripenGetting to the point — It’s the harvest seasonBy Samuel Janovici After days, weeks and months of invested time, money and labor . . . Harvest. If you’ve done your job outdoors right you’ll want to harvest before the weather becomes damp and cold. Fall always brings the threat of bud-mold especially when the humidity rises. Start by looking for the plants to begin losing their largest shade leaves. Whether you are indoors or out the first considerations are ripeness and potency. Plants are not truly mature until they are fully ready to harvest. Many growers use the changing colors of the little white and amber hairs on the buds, called stigmae, to determine the readiness of their crops; others use the trichomes – those sticky little resin glands which form directly on the buds and small leaves. Darkening pistils and cloudy or milky trichomes signal a good grower to prepare a secure place to dry and cure that hard-earned crop, but don’t wait for the pistils to dry and turn brown. If flowers are allowed to over-ripen the resins and hairs will disintegrate and the buds swell. At that late stage aroma, flavor and THC levels are compromised. Begin to harvest in the morning when THC content is highest in the plants. First remove the largest leaves at the base of their stems. This saves time and limits risk of mold. Cut the branches from the stalk or the whole plant from its roots with the idea of hanging them to dry and cure. Remember that the THC is made in the leaves and not the roots, so cut the plant free of those roots. Safely dispose the root-balls with an eye towards security and our ecology. Once hanging an inspection for bud-mold will save heartache later. A wet manicure of large leaves and a light trim around buds and stems for airflow further insures mold will not ruin all the hard work to date. A rudimentary manicuring is easiest when the leaves and stems are moist. Wait for the buds to dry and cure before you trim them to perfection. Remember, there is no one-and-only way to do any harvest. But, there are proven principles to growing and harvesting any flower or fruit. I suggest that practice and research are the best friends a grower can have, but it doesn’t hurt to know other people who’ve successfully grown a crop to ask questions. If, there are cannabis dispensaries or collectives in your area they are superb sources of information and support. Good luck and please put safety and security first. Be careful out there . . .
Hemp foods do not show up in drug testsBy Adam Eidinger VoteHemp Eating hemp foods “should not be considered as a realistic cause for a positive urine analysis result” because “the amount of THC present in commercially available [hemp] products is significantly less in products available today” than it was even in 2003, according to “ƒ¢9-Tetrahydrocannabinol content of commercially available hemp products,” in the July-August issue of Journal of Analytical Toxicology (JAT) (2008, Vol. 32, pages 428-432). The Hemp Industries Association (HIA) is pleased at the result, but believes that, rather than April 21, 2003, a better cut-off date to assess industry progress would have been Aug. 1, 2001. The earlier date represents the official start of the HIA’s TestPledge program, a hemp food industry self-regulatory program setting trace THC standards that are lower (more stringent) than the Health Canada protocol. The 2001 date is also prior to the DEA’s publication of “Exemption from control of certain industrial products and materials derived from the cannabis plant” (Federal Register, Vol. 66, No. 195) on Oct. 9, 2001. TestPledge alleviates concerns by consumers that eating hemp nut or hemp oil products may cause confirmed positive drug tests. It also dispels concerns regarding hemp oil body care products topically applied to the skin. TestPledge companies implement quality-control measures which limit the trace amount of residual THC in hemp nut and oil, thus eliminating the risk of confirmed positive drug tests and any interference with workplace drug testing. Hemp foods are made from low-THC oilseed varieties of industrial hemp, most of which are grown in Canada and are on the Health Canada List of Approved Cultivars. Cannabis-flavored candies are made with Cannabis flower essential oil (CFEO), also known as hemp essential oil, which is obtained from steam distillation of the flowers and upper leaves of the Cannabis plant. CFEO should not be confused with hemp oil, also known as hemp seed oil, which is a vegetable oil that is derived from the seeds of low-THC varieties of industrial hemp.
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“Ask the Cannabis Doctor” -- Green tongues and reclassifying CannabisBy David Ostrow, M.D. Question: A friend of mine is facing a marijuana DUI charge based on a “green tongue” claim by the cop. Anything with green food coloring might make your tongue green; but plant chlorophyll is charred by burning, so there is nothing green in cannabis smoke. The notion seems to be completely made up – yet it is apparently listed in some police training manual on detecting drug users. Smoking massive amounts of cannabis might darken or turn your tongue a little brown; but green? Answer:- There is no published scientific study of whether or not smoking cannabis can cause your tongue to turn green, brown or neon orange. I did find two pieces of contradictory evidence on this issue. An anonymous posting at Wikipedia.com states, without citing any data, that “yes, smoking marijuana can cause your tongue to turn green.” The State of Washington Court of Appeals Div. II heard State of WA vs. Wiley A. Wheeler (2000) and held that, “We turn next to the officer’s observation of the driver’s green tongue. Trooper Lane contends that a green tongue is indicative of recent cannabis use. Even assuming he is correct, the absence of any other indicators of recent cannabis usage, combined with the many innocuous ways to get a green tongue, indicate a lack of reasonable suspicion.” I suggest your friend and his attorney go with the legal record. Question: I have been treating thousands of individuals for drug abuse and related medical problems and as yet have never seen any serious problems among adult users of cannabis-only. Now I learn that the American College of Physicians (ACP) and other groups recommend cannabis be rescheduled from Schedule I (severe addiction potential and no possible medical use) to II (moderate abuse potential and available by prescription). There is even a bill in Congress to reclassify cannabis into Schedule II. Why not classify it Schedule III or IV, as it seems to be safe and effective when used properly? Answer: Patience, my dear! When Dr. Lester Grinspoon first published his iconoclastic “Marijuana Reconsidered” in 1971, he predicted it would take ten years for the medical profession to embrace cannabis as a traditional therapy for many chronic conditions such as severe pain, cancer and even aging itself. More than 35 years later the ACP, perhaps the most prestigious national medical group in the US, has called for cannabis reclassification to Schedule II as an initial step while research continues on the myriad of potential uses of medicinal cannabis. Reclassification into Schedule II will have enormous consequences for current and future use. Unlike Schedule I, which cannot be prescribed by physicians – only recommended in states with medicinal laws, Schedule II drugs can be prescribed by any physician and possession or sale does not risk arrest and seizure by the Federal DEA. Many of the arguments against federal legalization of medicinal cannabis would be moot once it is reclassified. It would be subject to state and federal laws concerning addictive drugs, such as Vicodin, Percocet, etc. But even this small step would be a major victory for advocates of medicinal marijuana and foster a climate of research into its myriad potential therapeutic uses. Please send your questions (100 words or less) to Ask MedicalCannabisMD at DavidO@safeaccessnow.org We cannot promise that we will respond to individual questions, but if your question is of general interest, we will try to publish and answer it here. Aspirin, NSAIDs can kill you; Cannabis can’tBy Norman J. Lepoff, M.D. Retired I received my M.D. in 1977 and moved to California as an intern in Internal Medicine at Long Beach VA Hospital to serve our nation’s veterans, the majority of whom told me they oppose the laws against cannabis. Regretfully, the freedoms and values for which they fought and sacrificed are not granted to those Americans who use therapeutic cannabis. My first VA rotation was on the gastrointestinal ward, treating veterans dying from alcohol-induced diseases; a sad place to be as many suffered a miserable death. One evening, I admitted a patient to the ICU with severe internal bleeding due to aspirin he was taking in the recommended dose for arthritis and ended up with a bleeding stomach ulcer. He was in excruciating pain and vomiting up large amounts of bright, red blood. His life was in grave danger so I immediately inserted a tube into his stomach to deliver meds and irrigate the internal bleeding with iced, cold water. He could not stop shaking with chills from the frigid water. He slipped in and out of a coma as the hours passed; then the bleeding intensified. Risky stomach surgery was undertaken and was successful. His life was saved; one of the lucky ones who survived a bleeding ulcer. Eventually, the “NSAIDs” were developed; Alleve (naproxen), Advil (ibuprofen) and Motrin (ibuprofen). These are newer, over-the-counter drugs that can also cause internal bleeding and death, but are less risky than aspirin. Yet, overlooked by the medical establishment is an ancient and extremely safe analgesic: Cannabis sativa. Many dangerous and deadly drugs are readily available at neighborhood supermarkets and pharmacies. Even our children can buy them if they please. However, nobody gets arrested for selling or using aspirin, NSAIDs or any other of the numerous, lethal over-the-counter drugs. Ironically, people are still being persecuted, arrested and imprisoned every day for using one of the least toxic and most beneficial substances on our planet; cannabis.
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Kennedy’s cancer: Research finds surprising twistBy Bruce Mirken Once again the cancer diagnosis of a well-known national figure — in this case Sen. Ted Kennedy — has sparked a flurry of interest in efforts to treat and cure this complex and deadly illness. One of the most promising research areas involves cannabinoids, the active components in cannabis. The first solid data showing the anti-cancer effects of cannabinoids was developed by US government researchers and published in the Journal of the National Cancer Institute back in 1975. They found that THC inhibits the growth of lung cancer cells in the test tube and in mice. In a world that made sense, this discovery would have set off a frenzy of research. President Richard Nixon had declared “war on cancer” just a few years before, and vast sums of money were being spent. But Nixon also declared “war on drugs,” with cannabis at the top of the demon-drug list, so our government — by far the world’s largest source of medical research funding — never pursued the findings. THC and other cannabinoids have been shown to block growth of lung tumors and other cancers, including leukemia, lymphoma and cancers of the breast and skin. As Spanish researcher Dr. Manuel Guzman, one of the leading experts in the field, wrote in a 2003 review in the journal Nature Reviews: Cancer, “Cannabinoids are selective anti-tumor compounds, as they can kill tumor cells without affecting their non-transformed counterparts.” That is exactly what you want in a cancer drug: Something that kills the malignant cells without harming healthy cells. It’s because most chemotherapy drugs aren’t selective enough that they cause such terrible nausea, vomiting, hair loss and other side effects. One of the most fruitful areas of research involves gliomas, the same type of brain tumor that Sen. Kennedy is battling. A search of PubMed, the US government’s medical database, for cannabis, cannabinoid and glioma turned up 94 scientific journal articles, most published since 2000. Most are lab or animal studies, demonstrating various mechanisms by which these cannabis chemicals kill glioma cells or stop glioma tumor growth. Amazingly, despite all this evidence, there has been only one, tiny, human study thus far, conducted by Dr. Guzman. Guzman and colleagues injected THC directly into brain tumors in a handful of patients with recurring, inoperable gliomas — patients considered terminal. It was primarily a safety study, and the THC injections proved completely safe. Although the researchers concluded that the injection method used may not have adequately distributed the medicine to all parts of the large tumors, two patients seemed to show definite (albeit temporary) improvement. The researchers urge additional cannabinoids trials in this and other types of tumors be undertaken. This is an exciting area of research, but one that has been needlessly -- and perhaps lethally -- slowed down by the US government’s slavish devotion to anti-marijuana dogma. That most of the work testing these marijuana derivatives as anti-cancer drugs is occurring outside the United States is a sad commentary. Bruce Mirken is director of communications for the Marijuana Policy Project, www.mpp.org. Cannabis v. deadly ‘Superbug’By Paul Armentano NORML Analyst According to the Journal of the American Medical Association (JAMA), methicillin-resistant Staphylococcus aureus, aka ‘the superbug’ staph infection, is now responsible for more annual US deaths than AIDS. Against this sobering statistic comes a new Italian study demonstrating that compounds in cannabis possess “exceptional antibacterial activity” against multi-drug resistant pathogens, including MRSA. “Although the use of cannabinoids as systemic antibacterial agents awaits rigorous clinical trials, ... their topical application to reduce skin colonization by MRSA seems promising,” the authors write. “Cannabis sativa ... represents an interesting source of antibacterial agents to address the problem of multi-drug resistance in MRSA and other pathogenic bacteria.” The study’s authors note that cannabis preparations were “investigated extensively in the 1950s as highly active topical antiseptic agents.” In yet another ‘victory’ for pot prohibition, the authors declare that little, if any, research into this potential clinical application has taken place since. When I first wrote Emerging Clinical Applications for Cannabis and Cannabinoids, I mused about what sort of advancements in the treatment of disease may have been achieved over the past 70+ years had the US government chosen to advance -- rather than stifle – clinical research into the therapeutic effects of cannabis.This is a question that elected officials – both Republican and Democrat – must be forced to answer. An abstract of Antibacterial Cannabinoids from Cannabis Sativa is at pubs.acs.org/ cgi-bin/abstract.cgi/jnprdf/2008/71/i08/ abs/np8002 673.html.
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Editorials:
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CommentariesCindy Sheehan: Our PTSD vets merit legal access to cannabisEditors note: We asked peace activist Cindy Sheehan, who is running against Nancy Pelosi for her US Congress seat, to explain her cannabis position. By Cindy Sheehan Eighth District, San Francisco In my campaign for Congress, I enthusiastically support decriminalizing the use of cannabis and emptying our prisons of people who have been busted on marijuana charges as a way to combat the prison industrial complex that confines citizens for non-violent or victimless crimes. (I also believe we should make room in prison for true criminals like George Bush and Dick Cheney, but that’s for another op-ed.) Even though I stand for complete decriminalization, I fully support the CA Compassionate Use Act voters passed in 1996 and am vehemently opposed to the federal attack on our cannabis dispensaries because I recognize the efficacy of medical marijuana to alleviate pain in many cases and help provide stress relief. I am opposed to workers being fired for testing “positive” for cannabis when the usage did not occur at work and the worker has an approval for the medication. In this day and age when big pharma constantly bombards our senses in TV, radio and print ads that we can treat anything from “restless leg syndrome” to impotence, to any other ailment (real or imagined) with a daily pill, or monthly shot or magic potion, it is amazingly hypocritical that our California laws are being threatened by elected government officials who receive millions of dollars in campaign contributions from those same pharmaceutical companies. Of course this is a State Rights vs. federal issue, but it is also a humane issue. Every day, combat veterans from our current illegal and immoral war and many more past illegal and immoral conflicts visit our campaign office on Mission St. in San Francisco. Their problems range from mild Post Traumatic Stress Disorder (PTSD) to severe problems. Ready access to counseling and approvals for cannabis to help relieve their symptoms without being harassed by law enforcement would be one way to treat the horrors of PTSD, as the usage of cannabis has been proven relieve stress and to restore sleep cycles. As a mom who has had to tragically bury a child, I know first hand that sleep deprivation, or sleep interruption, can fundamentally incapacitate a person who suffers from profound grief and strain anyway and compound his/her problems if not properly treated. What is the difference between prescribing a sleep “aid,” mood elevator, or cannabis for PTSD? Some people do argue and have proven in clinical studies that the cannabis is more effective and has less detrimental side affects. Until all use of cannabis becomes legal, the use of cannabis for medicinal purposes must be left between a medical practitioner and patient. The government needs to leave its fascist nose out of our bedrooms ... and out of our doctor’s offices! To learn about my other positions, go online to cindyforcongress.org or call my office at 415-621-5027. What’s so right about California’s approach?By Don Duncan ASA California Director Cannabis patients in California have had some big wins in recent years. Americans for Safe Access (ASA) won important court victories against the Highway Patrol and City of Garden Grove. We have twice defeated the County of San Diego in a lawsuit aimed at undermining state law. In Malibu and Orange County, ASA helped persuade elected officials to reject bans on facilities in favor of sensible regulations. And, in Sacramento ASA is sponsoring legislation to prevent workplace-discrimination against patients. Our political movement is making steady progress, but that’s not the story a typical American will see. From cable news to hometown papers the media seems convinced that cannabis is out of control. California pioneered cannabis reform in 1996 and has produced more cannabis doctors, patients, caregivers, growers, and providers than anywhere else. The last three years have seen a rapid expansion in the number of legal patients in rural and Southern Cal, a phenomenon that has challenged those regions’ peculiar brand of conservatism and mirrors a national trend to question such punitive laws. Media fixes a disproportionate focus on that narrow aspect of our state’s program will hinder the development of similar programs in other states and policy in Washington, DC, with sensational tabloid journalism-style stories about lenient doctors, crime magnets, patients that do not “look sick” enough, and large scale commercial grow operations. Coverage tends to focus disproportionately on stories of abuse at the expense of telling the real story: Proposition 215 works because of its success in putting medicine into the hands of patients who need it to treat serious illnesses. No other state has a law that has so effectively translated good intentions into a reality for so many sick and injured people. Advocates and policy makers in other states would do well to learn that sensible regulations reduce abuse complaints around cannabis facilities. ASA’s report on dispensing collectives and local regulation shows a uniformly positive impact in cities and counties across the state. Back in 1996, few of our elected representatives took the voters mandate to develop safe and affordable access to medicine seriously. Prop 215 is a shining example of voter-driven public policy succeeding. Where abuse exists, advocates, providers, patients, and lawmakers are moving to correct it. In Los Angeles, ASA and other advocates are working hand-in-hand with LA Police Department veteran and City Council Member Dennis Zine (R) to support regulations in a city that has seen both the largest proliferation of cannabis facilities and the greatest federal pressure ever brought to bear against a community to eliminate safe access. We cannot reach the voters’ goal of safe and affordable access for everyone who needs it if patients and providers must hide from federal persecution. Other states will struggle with this obstacle, but if we are to be free, we must succeed in overturning federal laws. Advocates in every state can unite behind this common goal, regardless of the details of their individual programs. We need to focus on our successes as we engage the media and elected officials, and correct problems as effectively as possible. The clock is ticking. To win this battle and secure safe access in our communities the medical cannabis community must adhere to principles of Prop 215 and stand-up for their rights. * For more of Duncan’s writing, visit his blog online at AmericansForSafeAccess.org/blog.
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ReviewsCelebrate your Pot CultureBook Review: Pot Culture: The A-Z Guide to Stoner Language & Life, by Shirley Halperin and Steve Bloom (Abrams Image, New York, 2007, 224 pp. Foreword by Tommy Chong
By Mikki Norris While this book looks like a giant box of rolling papers with rounded corners, and the cover makes for a great surface to roll a joint on, it’s what’s inside where the real fun begins. Pot Culture: The A-Z Guide to Stoner Language & Life by Shirley Halperin and Steve Bloom, is the ultimate in coffee table books for the seasoned cannabis consumer as well as for newcomers to the scene and anyone intrigued by alternative life styles and subcultures. Pot Culture is part dictionary and part encyclopedia. In alphabetical order, the reader is treated to multiple definitions, references, and tidbits of trivia that are part of the common and evolving vocabulary and experience of the pot world. Almost every page of the book contains beautiful, full color photos of celebrities, cultural icons, musicians, scenes from movies, cannabis, drawings and illustrations that bring to life the richness of pot culture. In addition, it includes a myriad of special guides and tips, from lessons on “Stoner etiquette” to how to make pipes using the ever available soda-can or apple, not to mention how to roll a joint. It offers information on the best stoner colleges, beaches, Amsterdam coffeeshops, pot rallies and festivals amongst other top 10 lists. Halperin and Bloom did their homework. It may have helped that they were former editors of High Times magazine. They deserve kudos for the extensive collection of songs, movies, tv shows, terms, and historical references contained in the pages of this “high” quality book. It’s fun to skim through Pot Culture and just pick a page to read. No need to read it in order, as each page has an interesting tidbit and is pretty much self-contained, and it works well in a non-linear mindset, if you catch my whiff. Sure it may have overlooked a few things – most noticeably the movers and shakers of cannabis reform, but that just calls for another volume. While some of us cannabis consumers may not relate to the term “Stoner,” or find it mildly offensive, the authors treat it as a term of pride and endearment, so it is excusable. A further, important accomplishment of this book is that the vastness of its catalog is testament to the fact that a distinct cannabis culture does, indeed, exist and deserves the recognition and protection afforded to other cultures by international treaties. Short of that, however, Pot Culture is an “art” book that any respectable pot smoker should have in their personal library. Add it to your holiday shopping list. It’s a gift that is sure to please.
Mary Louise Parker portrays Nancy Botwin on Showtime's Weeds. Publicity photo. Cannabis in the entertainment media: Cash crop crazinessBy John Thomas Ellis At $35 billion dollars, America’s number one cash crop has finally gained some attention besides that of the hip and cool, the sick and dying or that of the DEA. Cannabis has finally begun to earn just a little bit of a Hollywood nod as a valued genre for films and TV. We proved we are a new, reliable, source of disposable income for the studios with combined revenues nearing $250 million this year alone. However, R.E.S.P.E.C.T. is more than just another word from an Aretha Franklin song. Weeds began as the Will and Grace for stoners. Unfortunately, Showtime never allowed Nancy Botwin to pull off a crop or to succeed in any of her endeavors. Now all of the characters seem simply out of control. I hear the prattle of small minds ever reminding us, “Drugs are bad and bad things happen to people involved with them.” The only character that really has anything to do with weed is her eldest son and he is a minor character; the rest are based on the myth that the Mexican Mafia is bringing in vast amounts of pot through tunnels to grateful consumers. Unfortunately, Weeds is more and more soap opera and less and less about weed every week. For years, stand-up comics have made their careers on our bones, and Doug Benson is no different. Super High Me, a funny comic romp through the legitimate world of cannabis clubs and dispensaries. He outs actors we never knew smoked and so far, so good; no negative consequences. “Good work Doug.” Benson mixes his unique stand up stoner humor with video to promote himself as member of a serious cause, decriminalization. Yet, nothing was really mentioned on the subject. “I know. I know. It’s just not funny enough.” Harold and Kumar 2: Escape from Guantanamo Bay, deserves some brief mention due to the fact they’re two stoners and it’s a box-office hit. Otherwise, the film is merely an excuse for base humor to help the cast and crew earn a living. Pineapple Express is the summer box-office comedy success of the year. Our collective desire to see another new pot film and the hype this picture received helped launch it to a $75 million in 20 days. Express is Cheech and Chong meets Grand Theft Auto. It may not be for all generations. Most young viewers were laughing along with the action, but there were a lot of other people sitting in the audience watching stoners shooting guns and killing people, and not liking it one bit. Stoner Infotainment has a long way to grow. Our homegrown credibility and legitimacy should be based on the $35 billion dollars American consumers spent in 2007 on our products. We may have earned a place in today’s culture and society, but we’ve also gained the attention of an entertainment industry that wants to, “Bogart,” our scene. |
Mendocino goes retro, approves illegal Measure B rollbacks:Narrow ballot box victory vanishes in CourtBy Pebbles Trippet MMMAB Secretary Mendocino, CA, Measure B was launched with a whimper at the Board of Supervisors, limped to victory by four percent at the ballot box, and fell apart when two Appellate Court decisions struck down artificial limits on medical amounts, since they were not authorized by Prop 215. A mean-spirited scheme written by County Counsel Jeanine Nadel and endorsed by four out of five Supervisors, B was designed to do two acts (in itself legally questionable) in a single initiative: 1) Repeal County Measure G, a unique, voter-approved personal cannabis use ordinance since 2000 allowing a 25-plant garden for personal or medical purposes. 2) Reduce the medical marijuana safe harbor from 25 plants plus two pounds of bud to six plus eight ounces; the least amount allowed under Senate Bill 420 (2004). In a local taxpayer lawsuit challenging Measure B’s constitutionality, Laguna/ Hanamoto v Ranochak, brought by patients and litigated by Edie Lerman and David Nick, Judge John Behnke ruled B invalid and unconstitutional and stayed it from going into effect. He approved a Letter of Stipulation, agreed to by both County and Plaintiff Counsel, seeking agreement from the Sheriff and DA that the numerical limits were not to be enforced. When he could not get such an agreement, Behnke went a step further and issued a formal ban. “Measure B’s specific limits on the amounts of marijuana a qualified patient or primary caregiver may possess constitute an amendment of the CUA without consent of the statewide electorate and the specific limits section of the new ordinance is therefore unconstitutional.” The enforcement hammer was aimed to fall squarely on the local community who have followed Measure G for eight years. Measure B sought to drastically reduce the county’s population of medical marijuana and personal-use growers through fear and intimidation. It would treat seven plants for medical use or one plant for personal use as a felony crime. Tens of thousands of local residents – not giant commercial growers – would have been affected. The B campaign gave no hint of the arrests, felony penalties, incarceration and asset forfeiture it would apply to a third or more of the county’s 80,000 residents. According to proponent Mike Sweeny, B was intended to draw massive federal funding and clean out “illegal commercial grows” but its real targets are small scale patient collectives, hippies, “sea of green” gardeners, mom-and-pop patches, back-to-the-landers, and out-of-work people struggling to pay their bills. Their crop accounts for a large part of the county economy. After the election, the Yes on B Coalition launched another attack June 20 with John McGowen accusing No on B of “massive voter fraud” and KC Meadows’ dutiful editorial parroting of those accusations June 22 in the Ukiah Daily Journal. In a followup conversation with No on B steering committee member Dan Hamburg, Registrar Sue Ranochak said the accusations of fraud were not true and the list of irregularities “don’t amount to a hill of beans.” “There are no issues,” Assistant Registrar Katrina Bartolomie added. “Everything worked itself out over the course of the election. Why didn’t KC ask Sue Ranochak about these issues? She never asked any questions.” For more information, contact the Mendocino Medical Marijuana Advisory Board, 707-964-9377, info@mmmab.net POBox 2555 Mendocino CA 95460 www.mmmab.net Obituaries Derek Rea, Media Awareness Project writer and activistRegular readers of DrugSense Weekly enjoyed Rea’s work with every issue; he was the one who sifted through all the Media Awareness Project’s published letters to the editor to choose a ‘Letter of the Week’ for roughly a decade. As a long-time MAP editor, Derek made sure we all had the latest news until he passed on June 16 from pneumonia at age 54. He is survived by his wife, Eileen, whom he described as his soul mate, his mother, four daughters, and four grandchildren. Walt Bender, Virginia State activist worked behind scenesThe quiet giant of the Virginia drug policy reform movement, Walter “Walt” William Bender, Jr., 63, passed away July 31, 2008. He was an electronics technician, originally from Baltimore, MD, and in 1973 married Lennice Werth. Their son, Early, was born in 1977. They have a small family business in Crewe, VA, and came to the forefront of cannabis reform when they formed the Virginia BACH (Business Alliance for Commerce in Hemp) in 1990, and later founded Virginians Against Drug Violence. In 1993, when Virginia abolished parole, the group was able to carve out a virtual drug exception to the stringent measure. In 1997, despite federal pressure, the group was able to keep the state’s medical marijuana law on the books. Later that year, when Lennice received the Robert Randall Award for Citizen Action from the Drug Policy Foundation (now Drug Policy Alliance), she credited Walt with making her activism possible.
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The West Coast Leaf is a free speech publication owned and operated by Creative Xpressions. Business license EC08-0002765. Trademark and ISSN registrations pending. WCL fosters a social / political community by providing photos, news, directories, features, and regional information for our readers. We invite your submissions and advertising. The Leaf supports tolerance and believe that cannabis sales and cultivation should and will be legal for adult consumption. Special thanks to John Thomas Ellis for his editorial assistance. Chris Conrad, executive editor • Mikki Norris, managing editor PO Box 1716, El Cerrito CA 94530 www.WestCoastLeaf.com • 510-215-TEAM (8326) Vol 1 No 3. Print run: 62,500 copies. © 2008. All rights reserved.
Sept. 13: OU Open House, LA-- Oaksterdam University, Los Angeles campus, open house and screening of "Super High Me," Patient ID Center at 7pm (following basic weekend class). 470 S. San Vicente Blvd 1st Fl., Los Angeles CA 90048, 323-852-1039.
Sept. 20: Medical Marijuana Expo, LA -- Second Annual, 11 AM to 9PM. Guest speakers, exhibitors, vendors, entertainment (including Bluesetta Band). West Hollywood Park Auditorium, 647 N. San Vicente Bl, West Hollywood. Sponsored by the LA County Medical Marijuana Task Force and the LA Chapter of Americans for Safe Access (ASA). $5 at door. See lamedmjexpo.org.
Sept 26-28: Critical Resistance, Oakland CA -- Conference to abolish the prison industrial complex. criticalresistance.org, 510-444-0484
Sept 27: WammFest V, Santa Cruz CA -- MMJ, celebration/ fundraiser; noon to 5pm, San Lorenzo Park, medication tent, Santa Cruz, wamm.org 831-425-0580
Sept. 27: Lynch Protest Prep, LA -- ASA planning meeting for protest at Lynch sentencing, 1 PM. PIDC, 470 S. San Vicente Blvd 1st Fl., Los Angeles CA 90048.
Sept. 28: Progressive Festival, Petaluma -- 11th Annual Festival, 11AM to 5 PM. Walnut Park, Petaluma Bl. South & D St., Petaluma, CA. SF Mime Troupe, Daniel Elsberg, more. Free. progressivefestival.org, 707-763-8134.
Oct. 4: LA NORML Party, W Hollywood -- Annual Fall Campaign Kickoff, 7 PM - Midnight at 8749 Holloway Drive, West Hollywood, CA 90069. 310-652-8654. Freedom Fighter Award presented to Chris Conrad. Special guest Charles Lynch, Central Coast Comp. Caregivers, facing Fed sentence. Refreshments, entertainment. Donation $25 for membership. Members free.
Oct. 6: Lynch sentencing protest, LA -- Charles Lynch protest at LA Federal Building
Oct. 10-13: Women's Visionary Congress -- “Consciousness, Healing, Social Justice,” Wilbur Hot Springs, CA. visionarycongress.org for details and registration.
Oct. 17-19: National NORML Conference, CA -- Berkeley, CA. See ad on page 15 and web site, norml.org, for registration and details. Great networking opportunity.
Oct 19-20: Hemp Industries convention, MA -- 15th HIA Convention, Boston MA, after Natural Products Expo East & BioFach America. Fees: $250 thru Sep 19, then $300. 707-874-3648
Oct. 25-26: Wonders of Cannabis, SF -- Ed Rosenthal's Wonders of Cannabis, Hall of Flowers, Golden Gate Park, San Francisco. Two day concert, expo, festival. For tickets and info, wondersofcannabis.com
Nov. 1: Nationwide Candlelight Vigil -- National Candlelight Vigil for Patients of Medical Marijuana Prohibition. Spearheaded by PA PhillyNORML. Encourages others to hold 8-PM vigils in their cities or just light a candle in honor of patients, living and deceased. For more info Medical-Freedom.com universalarts.net/ candl.htm. William Haney 215-638-7840
Nov. 8: Humboldt Hempfest, CA -- 1 PM -10 PM, at the Mateel Community Center, Redway, CA. For vending and other info, 707-986-7759, humboldthempfest.com
Nov. 15: 10th Annual Harvest Dance, CA -- Celebration 11 am to midnight at Sebastopol Com. Ctr in Sebastopol CA. Educational workshops hosted by OU and Americans for Safe Access. Food, a friendly kids’ space, vendors, and a medicating tent. Harvest Dance 6 pm to midnight, local entertainment. Keynote by Don Duncan, California Director of ASA. Peace in Medicine, 707-823-4206.
Nov 21-23: SSDP International Conference -- U of Maryland, College Park near Washington, DC. More info at ssdp.org/conference.
Local and regional meetingsBerkeley Students for Sensible Drug Policy, Tuesdays at 7:30 at 87 Dwinelle Hall at UC Berkeley. Contact Rishi at rmalhotra@berkeley.edu or call 951-543-6257 to confirm time and place.
California Coalition Against Prohibition, fourth Thurs/ month, 7 PM, PIDC, 1734 Telegraph Ave. Oakland, rraich@sbcglobal.net
Compassionate Coalition, Sac. third Tues/ month 7–8pm. at Crusaders Hall 320 Harris Ave # H Sacramento, Nathan@compassionatecoalition.org.
Marijuana Anti-Prohibition Project Coachella Valley Area MAPP meets first Sat / mo. 3 PM, Copykatz showroom, downtown Palm Springs at 200 S. Palm Canyon at Arenas;
Western Inland Empire Area MAPP, first Wed / mo., 7:30 PM, THCF Medical Clinic, 647 Main St. in Riverside, CA 92501;
High Desert Area MAPP , third Wed/mo. at 6:30 p.m. at the Castle Inn, 1388 N. Golden Slipper near Landers 92285. Lanny 760-799-2055
Oakland Cannabis Regulation and Revenue Oversight Committee third Thurs/ month, 6 PM, City Council Chambers, City Hall to discuss the future of cannabis rules. Time for public comment. Pre-meet at Bulldog Coffeeshop.
Orange County NORML third Thurs, Giovanni’s Pizza 922 W Williams, Fullerton 92832 ocnorml.org
Santa Barbara UCSB NORML meets every Wed night at 7 PM in South Hall 1431, UCSB
SF Axis of Love Every Tues 4pm, 223a Ninth St. at Howard, SF. axisoflovesf@gmail.com
East Bay ASA meets fourth Wed each month at ASA headquarters in Oakland. Contact George, george@safeaccessnow.org.
Fresno ASA meets second Mon/ month at location to be announced (TBA) george@safeaccessnow.org
Humboldt County ASA meets third Thurs/mo. Contact David at HumboldtASA@gmail.com
LA ASA third Sat, 1 PM, Patient ID Center, 470 S. San Vicente Bl., LA 90048, Don@safeaccessnow.org
Lake Co. ASA, Contact Donna at LakeCoASA@msn.com, 707-263-4443
Mendocino ASA third Wed./ mo. Contact Bruce at mendobruce@yahoo.com, 707-367-712
Orange County ASA second Wed / month. 4631 Teller Avenue, Suite 100, Newport Beach, Contact Bill at: OCLawyer@aol.com, 949-752-7711
Sacramento ASA first & third Tues/ mo. 7–8pm, Crusaders Hall, 320 Harris Avenue, Suite H, Sacto Lanette 916-924-3455 or cannacare@earthlink.net.
San Diego ASA second Thurs / month. Location TBA. Dion at 4cccp@cox.net.
San Francisco ASA second & fourth Tues 7:30-9pm, Bowers Pizza on 11th St, SF, subject to change. Contact Kevin: KevinReed@hotmail.com
Santa Barbara ASA, Contact Jennifer at 805-637-5365 or jenniferln@gmail.com,
Sonoma ASA first Thursday / mo. Contact Terri asasonomaco@aol.com, 707-332-6556
Americans for Safe Access / A patient support network. 510-251-1856 safeaccessnow.org
Axis of Love SF/ Activist Resource Center / Patients organizing for their rights and access 223 A 9th St, SF, 415-240-5247
California NORML / Cal NORML 510-540-1066 c
Near Merced, CA, Dustin Costa organized nearly 300 cannabis patient advocates to participate in community improvement efforts like graffiti removal, lobby lawmakers, and protest at court proceedings. Being prosecuted in state court for cultivation seemed only to accelerate his activism. His case was handed over to the US Attorney in 2005, with drastic effect. Unable to defend the crop as a medical collective, his attorneys argued that the 900-plant garden was for personal use, not sales. The jury did not acquit, and in 2006 he was sentenced for manufacture, possession with intent to distribute, and a firearm to a 15-year sentence – but that didn’t dampen his fighting spirit. He filed an appeal that challenged the search warrant used in his bust, but lost. He is focusing on a clemency campaign, and welcomes input at Dustin Costa 62406-097, FCI Big Spring, 1900 Simler Avenue, Big Spring TX 79720
David Davidson and Cynthia Blake were arrested in July 2003, after Tehama County, CA sheriffs raided their medical gardens in Oakland and Red Bluff. They were charged in state court with cultivation of 1803 plants and possession for sale, when the prosecutor unexpectedly announced that charges against the pair were dropped and they were swept away from their attorneys and into federal custody. David fled, and Cynthia got a plea deal for a year and a half in exchange for disclosing his whereabouts. Arrested in NM and returned to Sacramento Jail for the past 14 months, David hopes to transfer out. With new charges of flight, he expects a long sentence. Write to David Davidson X-4001338, Sac County Main Jail, 651 I Street 4-W-112, Sacramento CA 95814
Federal agents claimed to seize 233 pounds of marijuana when they searched Thunder Rector’s Modesto CA home three years ago. Thunder, a medical marijuana patient, insisted that most was leftover leaf from previous harvests, but under federal law, everything except stalk weighs against a defendant. After being denied a religious defense, Thunder took a plea deal for 24 months and was incarcerated at Lompoc. His father died in July, and Thunder was devastated to get the news in prison. You can write to him at Thunder Rector 62356-097, USP Lompoc, 3901 Klein Blvd., Lompoc, CA 93436
