Medical Marijuana Update (2013.01.09)

Montana caregivers continue to get sentenced in federal court, an Arizona lawmaker wants a redo on medical marijuana, an Illinois bill is delayed, and the back and forth continues in California. Let’s get to it:

Arizona

Last Thursday, a state lawmaker filed a bill to put medical marijuana back before the voters. Rep. John Kavanaugh (R-Fountain Hills) pre-filed House Concurrent Resolution 2003, which would put the issue on the November 2014 ballot. Kavanaugh opposes the state’s medical marijuana law and hopes voters will, too. The measure must be approved by the legislature, but does not need the governor’s signature.

California

Last Thursday, a Santa Barbara man said he was being evicted from his apartment for smoking medical marijuana. James Cerda, 64, said the Santa Barbara Housing Authority recently imposed new no-smoking rules in his complex and that he had received an eviction notice because of his medical marijuana use. Cerda added that he had lived in the complex for 10 years and that housing officials had known for years that he was a medical marijuana patient.

Last Wednesday, the Los Angeles city clerk announced that an initiative that would reduce the number of dispensaries had gathered the required signatures to go before the voters. The “Medical Marijuana Collectives Initiative Ordinance” would allow about 100 dispensaries to remain open in the city. The initiative now goes to the city council, which can adopt it, call a special election, or place it on the May 21 general election ballot. Another group has submitted a separate initiative that would allow many more dispensaries to stay open. The city clerk is counting those signatures now to see if it, too, will qualify.

Last Friday, a group of dispensaries sued the city of Long Beach, charging it and its police department used illegal methods to run them out of business. The lead plaintiff, the Green Earth Center, claims police used “warrant-less” raids and other illegal tactics. The lawsuit also names five Long Beach police officers and seeks an injunction and damages for alleged civil rights violations. More than a half dozen dispensaries were raided after a citywide ban on them took effect.

On Monday, former Upland dispensary operator Aaron Sandusky was sentenced to 10 years in federal prison. Sandusky had operated G3 Holistic in Upland, Colton, and Moreno Valley, and was convicted in October of two counts of violating federal marijuana law, one for conspiracy to manufacture marijuana plants, possession with intent to distribute marijuana plants, and to maintain a drug-involved premises, as well as a second count of distributing marijuana plants.

Also on Monday, a federal magistrate in Oakland allowed the Harborside dispensary to remain open while it fights federal government efforts to shut it down. Citing threat of seizure of their properties by the federal government, Harborside’s Oakland and San Jose landlords had sought to force it stop selling medical marijuana. The federal magistrate ruled that it is up to the federal government, not the landlords, to shut down Harborside for violating the Controlled Substances Act.

Also on Monday, drug czar Gil Kerlikowske slammed medical marijuana during a gathering of law enforcement officials in San Francisco. “Medicinal marijuana has never been through the FDA process,” he said. “We have the world’s most renowned process to decide what is medicine and what should go in peoples’ bodies. And marijuana has never been through that process.”

On Tuesday, Mendocino County supervisors approved a change to their medical marijuana ordinance to clarify that ” all information received by and/or generated by the operation of Chapter 9.31 has always been intended to be treated and held by the County of Mendocino as confidential information to the fullest extent authorized by California and Federal law from 2008 to the present as well as prospectively.” The move comes in response to a broad federal subpoena seeking information on the county’s medical marijuana program, which the county is contesting.

Illinois

Last Thursday, the state legislature adjourned without addressing a medical marijuana bill. But a new session starts this week, and the bill will be re-introduced. After the November elections, Democrats now hold super-majorities in both houses, which should help the process along.

Montana

On December 28, a Helena man was sentenced to a year in federal prison for growing medical marijuana. Paul Roy Schmidt, 57, had operators Sleeping Giant Caregivers, which was raided during the federal crackdown in the spring of 2011. He was in compliance with state medical marijuana laws. He had faced a mandatory minimum five-year prison sentence, but was granted a downward departure at sentencing. He was also fined $750,000.

Last Friday, medical marijuana provider Chris Lindsay was sentenced to five years federal probation for his role in Montana Cannabis dispensary, which had locations across the state. It, too, was busted during the 2011 federal crackdown. Lindsey said he would remain head of the Montana Cannabis Industry Association, but he must forfeit $288,000 in bank accounts held under the name of the Montana Caregivers Association. Lobbyist Tom Daubert, another partner in Montana Cannabis, previously was sentenced to probation. Partner Richard Flor of Miles City died in federal custody in August. Partner Chris Williams, the only Montana Cannabis member to go to trial, was convicted and faces a mandatory minimum five-year sentence when sentenced on February 1.

Article republished from Stop the Drug War under Creative Commons Licensing