cannabisnews.com: Moratoriums, Lawsuit Mark Marijuana Debate





Moratoriums, Lawsuit Mark Marijuana Debate
Posted by CN Staff on April 30, 2005 at 07:53:14 PT
By Josh Richman, Staff Writer
Source: San Mateo County Times
California -- A lawsuit filed last week against a Central Valley city signals the growing concern of medical marijuana advocates over a municipal backlash against cannabis clubs up and down the state. Oakland-based Americans for Safe Access sued Fresno on Monday for enacting a ban on medical marijuana dispensaries, which the group says violates California laws entitling patients and caregivers to the medicinal herb.
But almost nine years after Golden State voters approved a compassionate-use law, what that law and a 2003 implementation law allow remain somewhat vague. Many cities, experiencing or fearing an explosion of dispensaries, recently have enacted moratoriums on any new ones to allow time to develop regulations. "The last six months have shown a big increase in people feeling more courageous to try to open a local dispensary, and their inquiries to their cities (are) what has spurred a lot of these responses," said Americans for Safe Access organizer Hilary McQuie. "It became understood as the process, even though it's not necessary to have a moratorium just to develop regulations." What's not permissible, she said, is an outright ban. "It's not appropriate, nor is it legal, to disallow dispensaries from operating in that locality," McQuie said. Neither California's Proposition 25 of 1996, nor a 2003 law creating a photo-identification system for patients and caregivers, clearly addresses where and how patients and caregivers  are to procure marijuana for medical use. The 2003 law does provide that card-carrying patients who associate "in order collectively or cooperatively to cultivate marijuana for medical purposes" aren't subject to criminal punishment. Fresno's City Council in October passed an ordinance banning medical marijuana dispensaries that serve three or more patients; the city's police chief advised the council to pass it as a health and safety issue. A Fresno city spokesman didn't return a call Friday seeking comment on the lawsuit. Meanwhile, dozens of California cities have put the brakes on any new dispensaries while they mull regulations. Rohnert Park on Tuesday became the latest, enacting a 45-day moratorium. With cities and counties scrambling to develop their own dispensary policies, California seems poised to become a regulatory patchwork. Not a problem, McQuie said: "It's OK for local areas to have varying regulations around dispensaries just like local governments have zoning for other types of businesses." Cities should look for an already-proven model, and McQuie said Oakland fits the bill. It's not perfect, she said  medical marijuana advocates still believe the city needs more than four clubs, with longer hours and fewer restrictions. But a city report issued in early April found that "during their first seven months of operation, the permitted cannabis dispensaries  have shown that, in general, they can function without creating a nuisance in the neighborhood or draining police resources." It also found "they likely increase the sales of other businesses in the neighborhood." Other cities should put that in their pipes and smoke it, McQuie suggested, and "take courage from Oakland's example." What California cities ought not to be doing is awaiting a U.S. Supreme Court decision in a case brought by patients Angel Raich of Oakland and Diane Monson of Oroville. That case deals only with Congress' authority to restrict wholly intrastate medical use of marijuana, and no matter how the court rules, California's laws will stand, McQuie said. "The  outcome is irrelevant to dispensaries," she said. "Our fear is that local law enforcement won't understand that they're supposed to be following California law when there's a conflict between California and federal laws." Source: San Mateo County Times, The (CA)Author: Josh Richman, Staff WriterPublished: Saturday, April 30, 2005 Copyright: 2005 MediaNews Group, Inc.Contact: jrichman angnewspapers.comWebsite: http://www.sanmateocountytimes.com/ Related Articles & Web Sites:Americans For Safe Accesshttp://www.safeaccessnow.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmDEA On The Wrong Trailhttp://cannabisnews.com/news/thread20601.shtmlMedical Marijuana Advocacy Group Sues Fresnohttp://cannabisnews.com/news/thread20584.shtml
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Comment #29 posted by global_warming on May 01, 2005 at 16:55:56 PT
"enlightened" society is increasingly populat
"enlightened" society is increasingly populated by people labelled criminal"My thoughts and prayers, to those unknown heroes, those faces and names we will never have the moment of grace and comfort to know, that we pack their last belongings, as we throw dirt in their faces, as we buried our dead, as we quickly forget, our memories and our required justice, as witness to our loved ones, as witness to our world.What is a Hero?
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Comment #28 posted by rchandar on May 01, 2005 at 14:04:17 PT:
a general comment
Hello--After digesting the slew of articles that have been released the past few months, I simply wanted to touch base with you all, about what we're fighting for, so desperately.....in restatement. If you send pot violators to jail, they will become criminals. The current (and past) administrations don't really have a problem with this; they see the greater number of arrests and incarcerations as an example of how crime is being dealt with. They point to the fact that violent crime is down......but that simply is not the point. The point is, humanly, that more and more people in our society are labeled criminals. That more of our people are exhibiting the characteristics of "criminal," be it in personal expression or deed. The fact that the numbers--I want to stress this--are decreasing isn't the fact. It is the criminalization of our society that is so dangerous. When a modern, "enlightened" society is increasingly populated by people labelled criminal, I ask you to consider the human impact. The numbers of people that are exhibiting and ruled by these characteristics.--rchandar
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Comment #27 posted by FoM on May 01, 2005 at 08:50:59 PT
Hope
Respect is important. I love what the hippie spirit of yesteryear did to my way of thinking and it hurts me when it is used to hurt people. When we attack we need to focus our attack on the powers that be that are creating this messed up world we live in not groups of people.
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Comment #26 posted by Hope on May 01, 2005 at 08:38:39 PT
Respect
You're so right, FoM. That's part of what our struggle is about. Respect.
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Comment #25 posted by FoM on May 01, 2005 at 07:37:51 PT
BGreen
I want to say thank you for your comment. I do not believe in calling people names. People are people and we need to respect everyone. 
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Comment #24 posted by goneposthole on May 01, 2005 at 05:06:42 PT
are you sure they are Mexican?
I worked with a Mexican national for a while about three years ago. I have worked with other migrant workers from Mexico in the past. In 1976, I worked with a native from Ecuador.People from South America work their way up to Mexico City, and from there move up to the border to cross into the United States.It is no different than the Irish immigrants moving to the eastern seaboard in the mid-eighteen hundreds. They were resented just as much by the locals for working for less.http://tigger.uic.edu/~rjensen/no-irish.htmThe residents of Rock Ridge in Blazing Saddles didn't even want the Irish.The wealthy don't care where you are from if you work for less than the going rate.Whether it is true or not, I don't know, but, I was told of an individual who is leaving California to move to Arkansas. He makes 200 grand per year and can't afford to live in California. The cocaine dealers have moved into California and are really messing up the neighborhood.Prohibition is too much fun.This ain't the post-antebellum United States anymore.During the Civil War, the South was occupied by US military forces. The South back then was like Iraq today. The Rebels didn't like it, but were forced to grin and bear it. Today, they would be called 'insurgents'.http://www.todayinhistory.com/s15-4-29-event-results.html
think about it
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Comment #23 posted by mayan on May 01, 2005 at 03:27:56 PT
BGreen
I couldn't have put it better. I don't blame any person for seeking a better life.I do think that if our government was serious about it's "war on terror" they would at least monitor the borders a little better. North and south.  
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Comment #22 posted by BGreen on May 01, 2005 at 02:40:37 PT
Siege
I understand how you feel about illegal immigrants taking amerikan jobs, but these illegal immigrants are human beings who are just trying to make a better life for themselves and their families and, from what I've personally experienced, they are usually dependable and hard working people.I can see both sides and I'm really getting sick of non-citizens having more rights than the citizens, but it's not the illegal immigrants fault, it's the same LAME-ASS GOVERNMENT that we fight everyday in the campaign to free the miraculous cannabis plant and its partakers.I have to say that the slang word you've referred to these Mexican illegal immigrants as is no different than calling a black person the "N" word because I hear it used towards ANY hispanic person regardless of where they're from or if they're here legally or not.I know you are a very caring person so I don't think you meant it as bad as it sounds, but it made me uncomfortable and I just had to say something.I hope you aren't mad at me for saying this, Siege. I just want to keep us focused on our REAL enemy.The Reverend Bud Green
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Comment #21 posted by Hope on April 30, 2005 at 23:32:14 PT
siege
The people in our small town voted to keep Tyson, or maybe it was Pilgrim's Pride, out of here, for the very same reasons that are happening in your community.The chicken-processing corporation promised jobs, but they asked so much and we had already seen what they did to other communities, exactly as you described. Their stink preceded them.Thankfully, cooler heads prevailed and they took their bad news business somewhere else.Greed and misleading and using people like that are so wrong. It shouldn't be happening and it doesn't have to happen.They could have their corporations and they could do right, but they don't. They should be ashamed and they should be stopped. They misuse us, their neighbors, and bring in even poorer and more desperate people and misuse them and it makes us all worse off, except for the creeps at the top who plan it all and suck the life blood out of the community and leave it sick and weak.What they do to people is so wrong and big government panders to them and they all get bigger, more powerful, and sorrier everyday. It's sickening and disgusting. I'm sorry your community is suffering from it. I really am.All too often the hatred that can come of such a thing is misdirected. It's the corporations that should be despised and not the Mexicans...but sadly, it will most likely be the Mexicans that bear the brunt of the hatred aroused by the dealings of the corporation.Life is so hard and those who could make it somewhat easier just seem to be doing their best to make it harder and harder.
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Comment #20 posted by FoM on April 30, 2005 at 20:54:19 PT
siege
I undestand and it happens here where we live too.
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Comment #19 posted by siege on April 30, 2005 at 20:43:48 PT
ot illegal (wetbacks)
We have two car Sweat shops here know ford and Toy with in 30 miles and they have fired all the America boys for the ones coming in from Old Mexican, America boys got $15 to $20 an hour and the illegal (wetbacks) get $7 to $9 an hour and are real happy with it. out of the two that make car parts there was over 900 jobs deprived and this is a depressed area. chicken from Tyson also. fired all the America and got illegal Mexican and all of them still get a Tax brake from the state. and our teachers are having to learn spanish to keep there Jobs.
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Comment #18 posted by Hope on April 30, 2005 at 20:36:17 PT
JustGetnBy
I believe your prayer has already been answered. "My prayer is that we would have the courage to stand up to the insanity that are our Political realities today."FoM, you, I and many more have that courage and are standing up to speak out against and resist that political insanity to the best of our abilities. Thank God!
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Comment #17 posted by Hope on April 30, 2005 at 20:27:00 PT
Kudos, though
to the brave Hungarian cannabists!*sigh*...sorry I got so enthusiastic about the idea, that with greater scrutiny, obviously wouldn't work that well for citizens here.
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Comment #16 posted by Hope on April 30, 2005 at 20:23:01 PT
And fines...Good grief...the fines!
We'd be a windfall for them. They'd love it, I fear.Dang. We shall overcome...anyway...even if it's not a big deal show of resistance, but slow, steady persistence. 
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Comment #15 posted by Hope on April 30, 2005 at 20:16:19 PT
I've been told it's a bad idea for US
I'd been told that before. We've got mandatories and kazillions of cops. The locals would just call in the feds to help out.Sad.
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Comment #14 posted by FoM on April 30, 2005 at 18:21:46 PT
How I Feel About The Drug War
Until our government does something to help people out of the poverty that makes selling hard drugs a necessary means of income the drug war will continue. Fix the poverty and drugs wouldn't be as important to people. I really believe that too. 
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Comment #13 posted by JustGetnBy on April 30, 2005 at 18:11:18 PT
SOLIDARITY !!!
HOPE  Oh that we could, it would take the political climate of the 60's/70's. Two major political movements met at the battle-ground for different ideoligies but a common foe.
Civil Rights and ending an illegal immoral war  My prayer is that we would have the courage to stand up to the insanity that are our Political realities today.  I have to tell ya'll, if the govt, was a man, I'de have to punched him in the nose a number of years ago.
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Comment #12 posted by FoM on April 30, 2005 at 14:23:01 PT
This is Scheduled for May 7th!
MMM 2005. May 7, 2005. Million Marijuana March.http://corporatism.tripod.com/mmm2005map.htm
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Comment #11 posted by Hope on April 30, 2005 at 14:02:26 PT
related
http://stopthedrugwar.org/chronicle/384/thepoint.shtmlOnly thirty have participated so far in Hungary...we'd have to do thousands and thousands upon thousands better than that to have any effect.How many have turned up to demonstrate somewhere, only to find themselves virtually standing alone? It would have to be carefully orchestrated to keep a few people from bearing the brunt of a failed idea.
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Comment #10 posted by Hope on April 30, 2005 at 13:53:29 PT
And
would it do any good as far as changing the law...or would just more of us have criminal papers?
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Comment #9 posted by Hope on April 30, 2005 at 13:49:16 PT
Can Americans do this?
It's something many people have wanted to do for years and years. The people in Hungary are doing it. I'm impressed. How can we get this ball rolling and be sure just a few aren't left "holding the bag" all alone?http://stopthedrugwar.org/chronicle/384/kendermag.shtml
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Comment #8 posted by FoM on April 30, 2005 at 13:10:16 PT
About Rust Radio
I just found the link.http://launch.groups.yahoo.com/group/rust/message/125195
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Comment #7 posted by FoM on April 30, 2005 at 13:08:40 PT
afterburner
Thanks! Maybe we will get to hear it in the future.Rust Radio is playing this weekend again. Copy this and put in windows media player if you have a high speed connection for anyone interested in Neil Young's live shows.http://rustradio.org:8000
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Comment #6 posted by afterburner on April 30, 2005 at 12:50:12 PT
FoM
If the show was new, it will probably be re-broadcast, cablecast, webcast at a later date, judging from past programs.
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Comment #5 posted by FoM on April 30, 2005 at 12:42:42 PT
I Was Just Sent The CBC Radio One Link
It seems like it music now though. I was asked to pass this on.http://www.cbc.ca/listen/streams/r1_toronto_32.html
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Comment #4 posted by FoM on April 30, 2005 at 12:36:36 PT
afterburner
Will the show be archived maybe? I've tried to locate programs on CBC before and each time I click on a link it seems to take me around in circles and I can't find what I'm looking for. Radio Two worked just fine for me but I couldn't find One. I don't know why.
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Comment #3 posted by afterburner on April 30, 2005 at 12:28:35 PT
FoM
I tried to find CBC radio on air for the last 15 minutes of the show. Before that I was reading and posting. I couldn't find it. Then, I tried your link to CBC Radio One, Toronto, only to link after the show was over. At least I know the link works. 
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Comment #2 posted by FoM on April 30, 2005 at 11:01:12 PT
Just a Note
I can't find CBC Radio One but I can get Two. Maybe it is only for people in Canada and isn't available in the USA.
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Comment #1 posted by FoM on April 30, 2005 at 10:43:06 PT
Heads Up: CBC Radio Special
CCC: CBC radio ONE 2 hour pot special on right now. sat. 1 pm. est.http://www.cbc.ca/listen/
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