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Has The Colbert Report gone to pot? Are they a bunch of dopes? Have they been eating corned beef hash? (Trust me, my marijuana puns are hilarious if you're stoned. Or retarded.) What I'm trying to say is, Stephen covered medical marijuana last night and it was hilarious. Highly hilarious.
Measure B plant limits can't be enforced, judge rules
By BEN BROWN The Daily Journal
Article Last Updated: 08/15/2008 12:02:31 AM PDT
Less than three months after it was approved by voters, one section of the contentious medical marijuana initiative Measure B has been stayed by the court.
Mendocino County Superior Court Judge John Behnke ruled last week that the medical marijuana plant limits set forth in Measure B cannot be enforced because they are unconstitutional in light of the ruling by the California Appellate Court in People v. Kelly.
"If the Kelly decision stands, Measure B's specific limits on the amount of marijuana a qualified patient or his primary care giver may possess constitute an amendment of the CUA (compassionate use act), without consent of the statewide electorate and the specific limits section of the new ordinance is therefore unconstitutional," Behnke wrote in his ruling.
Measure B, which was approved by voters in June, set medical marijuana possession limits in Mendocino County at six mature or 12 immature plants and eight ounces of marijuana, the same as the state limits.
Those limits were enacted by the California Legislature in Senate Bill 420, which amended the voter-approved CUA which legalized the possession of marijuana for medical purposes, but contained no possession limits.
The limits set forth in SB 420 were found to be unconstitutional by the California Appellate Court in May of this year. The appellate court ruled that the Legislature cannot amend an initiative like the CUA unless the initiative gives the Legislature the authority to do so. According to the Kelly ruling, the CUA does not give that authority.
"The limits section of Measure B seeks to modify the CUA in the same terms that Kelly found to be an unconstitutional amendment of the CUA," Behnke wrote in his ruling.
Behnke found that if the state Legislature cannot amend a statewide initiative with a proposition, then Mendocino County cannot amend the initiative with a local ordinance or initiative.
The effect of Measure B as it relates to plant counts will remain stayed unless and until the Kelly decision is overturned, Behnke said in his ruling. The California Supreme Court announced Wednesday that it would be reviewing the decision but did not set a hearing date.
In addition to setting medical marijuana limits, Measure B also repealed Measure G, which was approved by Mendocino County voters in 2000 and instructed law enforcement to make the prosecution of anyone growing 25 or fewer marijuana plants the lowest possible law enforcement priority.
Behnke said that portion of Measure B would stand.
The following speech was written by medical marijuana POW Stephanie Landa to be read during a rally at the Democratic National Convention in Denver, Colorado, on August 28th, 2008:I would like to thank Richard Eastman and the Citizens for Safe Access for making it possible for me to be here with you today, in absentia.
From Lanny at THCF Medical Clinic & Patient Center in Riverside:
With their loss in court last week, San Bernardino County is at a crossroads and needs to choose the appropriate response. The appropriate response is to drop the lawsuit, respect state law, start issuing MMJ ID cards and stop arresting patients.
The court decision was 3-0 in our favor with the State Appellate Court Judges ruling that the conflict the counties claimed does not exist, citing the "distinct provisions of the exemptions from prosecution" under the California law. Further the court stated that the Counties’ argument falters because Congress does not have the authority to compel the states to direct their law enforcement personnel to enforce federal laws." (Cites Printz v. US (1997) where the Brady Bill could not be forced on states.)
The judges also rejected San Bernardino County's claim that the identification card provisions of the Medical Marijuana Program Act are invalid.
They lost at every turn and it is time for them to just stop wasting tax payer money and stressing out medical marijuana patients. Even the staid San Diego Union Tribune, which is no friend of medicinal marijuana, has editorially called for the counties to drop the lawsuit. The editorial is printed at the end of this email.
We need to let the San Bernardino County Board of Supervisors understand that patients, patient advocates and concerned citizens want California’s medical marijuana law enforced and enforced fairly and consistently.
Showcasing the importance of getting San Bernardino to drop out of the lawsuit, Americans for Safe Access and the Marijuana Policy Project are joining us at the protest and are committed to getting people out to the protest, helping with publicity and coordination.
ASA, MPP and MAPP working together on a local issue – it’s an historic first – demonstrates just how important this issue is.
Here’s what YOU can do:
On Tuesday, August 12 join us in informing the San Bernardino County Board of Supervisors that appealing the lawsuit to the state Supreme Court is futile and a waste of taxpayers’ money at a time when the county is cutting health care and other vital services.
To drive that point home, we will assemble at 11 a.m. in front of the County Health Administrative Building at 351 N. Mountain View Avenue San Bernardino, CA 92415 For a Map, Click HERE
At the Health Administrative Building we will assemble in front of the building and bemoan the cutting and elimination of SB County’s health care programs while San Bernardino continues to spend hundreds of thousands of dollars on this futile lawsuit. We will stay there until 12:15 p.m. at which time we will walk the half mile to the County Government Building to speak before the Board during the Public Comment session.
I am giving us 30 minutes to walk the one-half mile to the County Government building at 385 N. Arrowhead Ave. San Bernardino, CA 92415 arriving there around 12:45. For a map, Click here for a MAP
The San Bernardino Co. Board of Supervisors will be returning from their lunch break at that time although I doubt if they will be going through the front of the building where the walk from the Health Bldg. will end. The Public Comment section, where members of the general public can speak before the Board for three minutes on any issue they want takes place sometime in the afternoon, but we don’t know when exactly. It is the very last item on the agenda so it could be shortly after the Board comes back or it could be an hour or two.
We will conduct the protest in front of the County Administration Building until we believe the Public Comment Section will be coming up in about 30 minutes. We will then go into the County Council Chambers and during the public comment section I would hope that many of you would chose to speak. Don’t worry about being all up on all the legal mumbo-jumbo. Just tell the Board why marijuana is good for you and that you want the county to drop the lawsuit so you and other patients can get on with your lives and not have to fear arrest. Let me assure you – that is powerful.
I would imagine that you will be spending half a work day there- about four hours if you arrive at 11 a.m. It may be warm that day, but you can always leave the protest and go inside the County Government Building to cool down. We will provide water. There are restaurant and convenience stores in the area if a snack is desired.
We will be bringing some signs, but its way more fun to bring your own and show off your handiwork. Art board can be purchased at any office depot type store for less than a dollar. Grab a felt tip pen and go to town with your own original slogan as to why SB County should drop the lawsuit.
And now for other things you can do to “Get SB County Out of the Lawsuit.”
1.) If you live in San Bernardino County, it is very important for you to contact your Board of Supervisor member. To do that, just call the Board of Supervisors at (909) 387-4811, tell the operator the area you live in, and ask to be transferred to your supervisor's office. Once on the phone with your county supervisor or his or her staff, please ask that he or she vote against wasting your tax dollars on pursuing a frivolous lawsuit against the medical marijuana laws. Additionally, please urge him or her to follow the law and immediately implement the medical marijuana ID card program.
2.) If you do not live in San Bernardino County, you should still make the phone call, but call the County Clerk at 909-387-3841 and tell them that you want to leave a message for the Board members in regards to the August 12 Board meeting.
3.) Write a letter to the editor of your local paper. The Riverside Press-Enterprise covered San Bernardino County's legal defeat in the July 12 PE http://www.pe.com/localnews/riversi...01.48c9191.html . Please read the article and write a letter to the editors of both The Press-Enterprise and the San Bernardino Sun calling on the county to stop its senseless attack on patients and to implement the medical marijuana ID card program.
Letters should be no more than 200 words and must include your full name, address, and daytime phone number (only the name and city will be printed).
Submit letters to The Press-Enterprise by e-mailing letters@pe.com.
Letters to the Sun should be sent to voice@inlandnewspapers.com.
Please do not send the exact same letter to both newspapers. Aaron Smith at MPP would be happy to assist you in writing a letter. You can contact him at asmith@mpp.org or (866) 287-6792 for assistance with letter writing or for a sample letter.
Please email me a copy of any letter that you send.
Please use the talking points below to help guide you through your call and for the letter you send to the newspapers. Also, please reply to this email after your call and let us know what kind of response you received.
Talking points to use in your calls and letters:
- A 2006 Mason-Dixon poll showed that 69% of Southern California voters support our state's medical marijuana laws. Please do not waste any more precious county resources trying to overturn the will of the people.
- San Bernardino County is already strapped for revenue. Continuing this needless lawsuit at the expense of taxpayers amounts to nothing less than fiscal irresponsibility.
- It is time for the county to follow the law, rather than wasting tax dollars fighting this meritless and unpopular lawsuit.
Ah, what a beautiful day. Too bad I’m stuck inside all day, cleaning house. Because it really needs it, I keep telling myself, and I remember putting it off a few times now. I really can’t recall how it got so messy. Perhaps while I was sleeping intruders came in and ransacked everything, because that’s about how it looks. But the bedroom appears plagued by much the same mess that’s converged on the front room. So it may be that I’m a pig. I’m not sure but when that phone rang, and it was my old smoking buddy saying let’s go down and chill in Oaksterdam, I dropped that broom and dustpan faster than you can say ‘I’ll roll a fatty’. It’s just too nice today to be stuck indoors and I needed some sun. But this little piggy’s mood improves immensely with just one thought: road trip to O’dam.
Papers, check; little jar for friend, check; cell phone, check; Bart ticket, check; All systems are go! Houston we have liftoff! Except we’re on Bart so you know it’s not exactly rocket travel. Bart has this new thing where you can ride along and listen to the person behind you talking on their cell phone. It’s vital to know who this stranger flirts with at work and all her personal info so I happily listen in all the way to Oaksterdam. She’s not that hot looking but after hearing all about how easy she is…..
Next stop, 19th street Oakland, you guys know that maze like Bart station, it’s like you don’t even know what floor you’re on when you get off the Bart train and you take at least 2 escalators and through a ticket booth and you finally pop your head out, like that whack-a-mole game. And you look around and you hope you recognize something, because sometimes there are exits you’ve been to where you don’t recognize a damn thing when you pop your head out. I hate that. But for this perfect sunny day we popped our heads out right across from the Bulldog Coffee Shop. So if you know where that 19th street exit from the Bart station is you know where the new home of Oaksterdam University. It’s across the street and down from the Bulldog.
The Bulldog
It’s still the hub in Oaksterdam, the old OCBC is still serving cards and the line looked long today, hehe. Who knew Jeff was so lucky at cards. The OCBC is now known as the Patient ID Center. They still operate at 1733 Broadway in Oakland and 470 S San Vicente Blvd Los Angeles. The bulldog is rumor central so I check with my unnamed sources after meeting up with that old friend of mine.
Supposedly there is going to be a new strain in town in about a month. This is a very high CBD strain and it’s going to be called Hi-CBD. This new strain is going to be about 3 or 4% CBD, much higher than the 0.01% found in modern strains that have been tested lately. I have no idea where it’s going to be available at but it will show up. So there’s an inside tip for you.
West Coast Cannabis
West Coast Cannabis is a slick magazine, 40 pages plus 4 page cover all about guess what? That’s right West Coast Cannabis. Anyway it’s always free, it’s slick and features Ask Ed grow questions, hard copy dispensary list, marijuana film festival info, the Playboy mansion party pics and some of the latest news and views. I saw an issue out in April but there is a new issue as of today. So pick it up next time you’re in Oaksterdam. It has a special Oaksterdam section.
Oaksterdam Glassworks
Hey remember I said that Oaksterdam U had moved, well more on that later. The new tenant is Oaksterdam Glassworks. Here’s what they feature. Low cost BORO needs, Tools, tubes and rods, best color selection. They also have daily live glassblowing demos and they are open Tuesday – Saturday 10am – 7pm. They also offer classes through Oaksterdam University. They have the old University building at: 410 15th Street Oakland CA (510) 251 2664. Having never been close to it I can say it really is amazing and they can make you a custom piece while you wait and watch. How cool is that? The demo we saw the guy was video taping his product being made.
West Coast Leaf
West Coast Leaf is a small 16 page newspaper geared for patients and providers. Being a newspaper it’s ads and news. It’s a pro cannabis newspaper put out by Chris Conrad and it’s nicely printed and has good info. Even the ads are cool.
Oaksterdam University
The easiest sell in town is finding people who want to learn more about the plant we love. And we have all been in dispensaries where you think – “these guys need some training’. So Oaksterdam University offers quality training for the cannabis industry. And besides expanding to a new facility at 1776 Broadway (corner of Broadway and 19th)Oakland, California 94612 (510)251-1544 they’ve expanded the curriculum. I think they offer 13 week semesters and week end seminars. One upcoming (most likely sold-out) seminar is with Dennis Peron and focuses on social change.
O’Shaughnessys Journal
O’Shaughnessys is the doctor’s paper with all the latest in clinical research. It’s out in print and it’s available at most dispensaries and the Oaksterdam Gift Shop 405 15th Street, Oakland, California 94612 (510)836-4438. O’Shaughnessy’s is focusing on a web presence with complete back issues available and a history of this movement section by Fred Gardner. And Fred has indeed seen it all. While the web presence is under construction they do have a picture of Dennis Peron you can click and enter the history dispatches. http://oshaughnessys.com is offering the most original content of any bay area cannabis site scene and I’m expecting great things to come from over there.
While I was chatting with Fred he showed me a ‘gift’ from Irv Rosenfield. One of the 3 surviving federal cannabis recipients. And what’s the gift? One of those famous Federal supply canisters the Feds send their patients. 300 joints weighing nearly 10 ounces, shipped to Irv monthly for his condition which only marijuana provides relief. Only thing was damned if it wasn’t empty. Just like me, always getting there too late.
Check out the Ballad of prop 215. I don’t know who else is alive to write it, but Fred is up to the task. I’m thinking of doing more with this but it’s available here and there.
Beware of the OG full melt hash going around O’dam. It makes you write crazy Oaksterdam stories and makes you think you know it all. It’s quite impressive and I normally don’t rant or rave over a strain or concentrate, this stuff has tha powah, brothers and sisters.
Pointing to drug law hypocrisy, pro-pot group labels Cindy McCain 'dealer'
weedbay, raw story and safer contributed to this story.
A group dedicated to legalizing marijuana use is launching a new campaign Tuesday aimed at pointing to hypocrisy in a country that could have as its first lady a woman who made millions selling a substance that's killed tens of thousands of people while purveyors of a relatively harmless herb are imprisoned. The just-launched Web site DrugDealerCindy.com points to Cindy McCain's position as chair of her father's Hensley & Co., one of the country's largest Anheuser-Busch beer distributors, and it argues that alcohol is more toxic, addictive and prone to inspire violence than marijuana. The site, launched by the group Safer Alternative For Enjoyable Recreation, also features mock "Wanted" posters featuring a photo of McCain, wife of the Republican presidential candidate, and offering a -- wait for it-- $420 reward. The site also features a video parodying the Budweiser frog advertisements, labeling McCain a "Drug-Deal-Er"
"No one seems to have a problem with the fact that a potential First Lady sells a drug that contributes to countless violence and other destructive acts," SAFER's Mason Tvert tells RAW STORY.
The Denver-based group led a campaign there for a city-wide ballot initiative making marijuana use legal for adults over 21 within the city limits.
Tvert says the group is not targeting McCain out of malice nor for partisan reasons. The aim is simply to point out the disparity between how alcohol and marijuana use are treated as public policy issues.
Quote:"Cindy McCain sells millions of dollars worth or alcohol every year" and may go to the White House, he says. "Whereas someone who may sell hundreds of dollars worth of marijuana gets sent to prison."
SAFER is "not against alcohol," Tvert says, it would just prefer marijuana receive the same recognition under the law.
The "Drug Dealer" campaign will officially kick off Wednesday with a press conference in front of the Hensley distributorship in Phoenix, and SAFER is purchasing a few thousand dollars worth of advertising on several political blogs to promote the campaign.
On its Web site, SAFER also is offering printable Wanted posters it's encouraging supporters to display wherever they can.
Tvert says he hopes the poster displays will give the campaign more of a "guerrilla element."
SAFER posted the following video on its new site and on YouTube:
How can alcohol be blamed for 100,000 deaths each year?
5% of all deaths from diseases of the circulatory system are attributed to alcohol.
15% of all deaths from diseases of the respiratory system are attributed to alcohol.
30% of all deaths from accidents caused by fire and flames are attributed to alcohol.
30% of all accidental drownings are attributed to alcohol.
30% of all suicides are attributed to alcohol.
40% of all deaths due to accidental falls are attributed to alcohol.
45% of all deaths in automobile accidents are attributed to alcohol.
60% of all homicides are attributed to alcohol.
(Sources: NIDA Report, the Scientific American and Addiction Research Foundation of Ontario.) Also see Alcohol Consumption and Mortality, Alcohol poisoning deaths, CDC report,
100,000 deaths. That's more than a statistic. That is 100,000 individuals with faces. 100,000 individuals with lives not fully lived. 100,000 individuals grieved by mothers, fathers, brothers, sisters, and children. Every year.
Md. mayor's dogs killed by SWAT after cops deliver pot
Associated Press
Published: Thursday July 31, 2008
BERWYN HEIGHTS, Md. — A SWAT team raided the home of a Washington, D.C.-area mayor, killing his two black Labrador retrievers and seizing an unopened package of marijuana delivered there.
Prince George's County Police said Berwyn Heights Mayor Cheye Calvo brought a 32-pound package of marijuana into his home that had been delivered by officers posing as delivery men. The Tuesday evening raid was conducted by county police narcotics officers and a sheriff's office SWAT Team.
The package was addressed to Calvo's wife, Trinity Tomsic. His mother-in-law had asked the supposed delivery men to leave the package outside. Calvo has not been charged, though police said he, his wife and his mother-in-law are "persons of interest" in an ongoing investigation.
"We never opened the box. We have nothing to do with this box," Calvo said.
Sheriff's office spokesman Sgt. Mario Ellis says deputies "apparently felt threatened" when they shot the dogs.
Calvo said officers entered about 7:30 p.m., first shooting 7-year-old Payton. They then pursued 4-year-old Chase, who ran away and was shot by police from behind, he said.
Calvo said he doesn't have any idea how the package ended up at his house. He called the raid "the most traumatic experience" of his life.
Calvo, who called his town "Mayberry inside the Capital Beltway," gets a small stipend as mayor and works at the SEED Foundation, a nonprofit that runs public boarding schools for at-risk students. His wife works as a state finance officer.
"These were two beautiful black Labradors who were well-known in the community. We walked them twice a day; little kids knew their names and would come up to them and pet them," he said.
San Diego County challenge to state ID card is rejected
San Diego, CA -- The Fourth District Court of Appeal for the State of California issued a published opinion today stating that federal law does not preempt the state's medical marijuana law. The County of San Diego filed suit against the state in February 2006, which was rejected by the Superior Court in December of that year. The lawsuit challenged the validity of the state identification card program, as well as the foundation of California's medical marijuana laws, but both lower and appellate courts found that the ID card program and state law remained valid and does not violate the state constitution.
"This is a huge win for medical marijuana patients, not only in California, but across the country," said Joe Elford, Chief Counsel of Americans for Safe Access, who argued before the appellate court on behalf of patients. "This ruling makes clear the ability of states to pass medical marijuana laws with an expectation that those laws will be upheld by local and state, if not federal, officials."
In a unanimous opinion authored by Justice Alex McDonald, the court ruled that the federal Controlled Substances Act (CSA) "signifies Congress's intent to maintain the power of states to elect 'to serve as a laboratory in the trial of novel social and economic experiments without risk to the rest of the country' by preserving all state laws that do not positively conflict with the CSA."
Americans for Safe Access (ASA) defended the interests of patients in the appeal and filed briefs along with the ACLU Drug Law Reform Project. Both organizations successfully intervened as defendants in the lawsuit in August of 2006, while the case was still being litigated in the Superior Court. ASA intends to launch an educational campaign soon that will apprise elected officials across the state of their obligation to implement state law, in particular the state ID card program, which both assists law enforcement and bestows greater protection for patients.
San Diego County was originally joined by San Bernardino and Merced Counties, but Merced chose not to appeal, opting instead to implement the state ID card program and a Sheriff's policy on medical marijuana patient encounters. Against the wishes of the San Diego City Council, the County of San Diego filed an appeal in February 2007, along with San Bernardino County. Publicly voicing its opposition to the lawsuit, the City of San Diego filed an amicus 'friend of the court' brief in December 2007, siding with the Attorney General and medical marijuana patient advocates.
"More than eleven years after the passage of Proposition 215, it's about time that we all got on the same page with regard to medical marijuana and the protections afforded by California law," continued Elford. "With two appellate court decisions clearly stating that federal law should not be an excuse to avoid enforcing state law, it is now time for full implementation in California." In March, the California Supreme Court denied review of City of Garden Grove v. Superior Court, another appellate court case that found the state's medical marijuana law was not preempted by federal law.
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