Court Opens Door for Prosecuting Med Pot Suppliers

  Court Opens Door for Prosecuting Med Pot Suppliers

Posted by CN Staff on November 24, 2008 at 14:48:57 PT
By Bob Egelko, Chronicle Staff Writer 
Source: San Francisco Chronicle 

San Francisco, CA --  Someone who supplies marijuana to a patient who has a doctor's approval for it can be prosecuted for drug-dealing, the state Supreme Court ruled today in a narrow interpretation of California's medical marijuana law.Advocates on both sides of the case agreed that the unanimous ruling would encourage Californians to obtain medical marijuana from patient cooperatives, which are authorized by a 2003 state law, rather than from an individual supplier.
"Ideally, it (the ruling) won't have a tremendous effect," said Joseph Elford, a lawyer for Americans for Safe Access, a pro-medical marijuana group. "Patients will now increasingly get their medication through collectives and cooperatives."The 2003 law "provides an alternative outlet for patients," agreed Deputy Attorney General Michele Swanson, the state's lawyer. She said Monday's ruling applies only to a category of suppliers - those who are not the patient's caretaker or fellow cooperative member - whom the voters never intended to protect when they passed Proposition 215 in 1996.But Lawrence Gibbs, attorney for the Santa Cruz County man who appealed his marijuana-dealing convictions, said the court "made it much, much more difficult for qualified patients to get their medical marijuana."Although patients can turn to cooperatives or clubs, Gibbs said, the resulting centralization of cultivation and supply will make raids and prosecutions much easier for federal authorities, who are not bound by Prop. 215. President-elect Barack Obama said during the campaign that he supports a state's right to legalize the medical use of marijuana, but believes it should be subject to regulation by the U.S. Food and Drug Administration.The ruling is the second time this year the state Supreme Court has limited the scope of Prop. 215, which allowed patients to grow and use marijuana with a doctor's recommendation. In January, the court ruled that employers could fire medical marijuana patients who tested positive for the drug after using it away from the workplace. A bill to overturn that decision was approved by the state Legislature, but Gov. Arnold Schwarzenegger vetoed it. Snipped   Complete Article: San Francisco Chronicle (CA)Author: Bob Egelko, Chronicle Staff WriterPublished: Monday, November 24, 2008Copyright: 2008 San Francisco Chronicle Contact: letters sfchronicle.comWebsite: CannabisNews Medical Marijuana Archives

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Comment #18 posted by museman on November 27, 2008 at 09:29:56 PT
That should be the new name for america..The Dysfunctional States of Hypocrisy.F--k the police. Down with unconstitutional law enforcement. Disband the DEA, FDA, CIA, and the rest of the Shadow Government agencies. Repeal prohibition and The Patriot Act.While we are at it, why not create a democracy out of the fascist republic? Power to the people, not the cops, judges, and lawyers -unless they decide to get down from their false throne of false authority.Yeah I know, pissin' in the wind, dreamin' of pipes, and having 'unrealistic' non-status-quo acceptability. Got no haircut, got no suit and tie, my car is older than 3 years (more like 20 something) my bank account runs dry every month -just buying overpriced food from 3rd world slaves paid their pennies by multibillion dollar corporations who get inflated money, called a 'bailout' for their successful pillaging of the world, as reward for their service to the Gods of High Finance. Got no 'accredations' from the hollywood image department of 'who's who.' Got no hope of my insignificant voicing of OUR suffering being heard over the rush to stuff the turkey and fill up the space under the xmas tree.Global warming, pollution, starvation, drought, war and destruction, freedom, a peoples constitution, common sense, and a notable effort to address reallity instead of the fantasies of the NWO -all taking back seat to the all-pervasive amerikan priority, and need to consume.Hypocrits. (if you is, you is, and if you ain't, you ain't)FREE CANNABIS FOR EVERYONEand if you won't, well we'll just have to take our freedom where we can find it, no thanks to stupidity and consumerism.I inhale for freedom, and send my thanks to heaven for the wonderous herb, and ignore the fools, whose end is in sight. (even if cops, lawyers, politicians, and status-quo amerikans can't see it coming.)
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Comment #17 posted by Hope on November 26, 2008 at 08:13:40 PT
Worthy read
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Comment #16 posted by Hope on November 26, 2008 at 07:55:19 PT
More information here
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Comment #15 posted by Hope on November 26, 2008 at 07:52:39 PT
Plain ole Investigational New Drug program one is apparently without all the "Compassionate" part of the medical cannabis program.
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Comment #14 posted by Hope on November 26, 2008 at 07:46:50 PT
Telling excerpt:
The Compassionate IND program was closed because too many people were asking for access to medical marijuana supplies. In order for marijuana to be classified as a prohibited Schedule I drug it must not have "accepted medical use in treatment" in the United States. The federal government knew that hundreds of approved Compassionate INDs would quickly undermine that criteria and marijuana would have to be rescheduled. Rather than respond in an honest and open way, the federal government closed the Compassionate IND program for marijuana.
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Comment #13 posted by Hope on November 26, 2008 at 07:40:24 PT
And this one.
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Comment #12 posted by Hope on November 26, 2008 at 07:38:27 PT
In an effort to learn more about the program
I've come upon some interesting reading.Here's one.
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Comment #11 posted by Hope on November 26, 2008 at 07:35:47 PT
Thanks, Ekim. About Comment 4
The program I was speaking of is the national, federal, program that George McMahon, Irvin Rosenfeld, and Elvy Musikka, among others, participate in.DdC and Pete over at DrugWarRant directed me to the real name of the program I'm talking about. Compassionate Investigational New Drug program. Compassionate IND.
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Comment #10 posted by afterburner on November 25, 2008 at 01:40:43 PT
New Conservative Mantra: 'Users good, Sellers bad'
Kindred apathy for T.O. dope café. Nov 22, 2008 04:30 AM. Comments on this story (47). Rosie DiManno. "I cannot stand the odour of cannabis. That's probably a good thing, for an addictive personality, having a built-in aversion to certain drugs." more... Check out the comments (the article is full of insulting prohibitionist propaganda). It looks like some of our cyber-friends have been commenting on this one.California, Toronto, UK: we hear the same regressive obstructionist arguments from political leaders and from the police."The Word" - The Beatles - YouTube
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Comment #9 posted by The GCW on November 24, 2008 at 20:26:24 PT
UK: PUB LTE: Lords Must Stop Plan To Reclassify Ca
UK: PUB LTE: Lords Must Stop Plan To Reclassify Cannabis Tue, 25 Nov 2008Source: Guardian, The (UK)Author: (see below)LORDS MUST STOP PLAN TO RECLASSIFY CANNABIS Today the House of Lords debates the proposal from the Home Office to reclassify cannabis from class C to class B. In recommending this change to parliament, the government has rejected the explicit advice of its appointed experts, the Advisory Council on the Misuse of Drugs, for the first time in nearly 30 years. In its last report, produced at the request of the home secretary, the ACMD clearly recommended - for the third time in the last six years - that cannabis remains a class C drug, and did so after examining all the available and latest evidence on short- and long-term health risks, as well as social harms, public attitudes and policing priorities. After setting out its conclusions on the health risks of cannabis and concerns regarding greater potency, the report made clear recommendations for improved drugs education and greater efforts to tackle drug dealing. However, it concluded that the evidence was against greater criminalisation of possession. The impact of parliament agreeing to the government's policy could be very damaging. Cannabis use has fallen in recent years, especially following its downgrading to class C in 2004, and it is obviously unwise to risk reversing that trend. The classification system must be credible - reclassification would send out an ambiguous message about the dangers of current class B drugs. Even more importantly, the move would be a sad departure from the welcome trend - established after the Phillips report into the BSE disaster - of public policy following expert scientific advice unless there is new evidence. Baroness Meacher has tabled an amendment calling for a postponement of any reclassification pending a further ACMD review in two years. We urge peers to maintain the trend to evidence-based policy-making by supporting the amendment. Dr Evan Harris MP Lib Dem science spokesman, David King Former government chief scientific adviser, Professor Michael Rawlins Chair, ACMD 1998-2008, ( Lord ) Robert May Former government chief scientific adviser, Phil Willis MP Chair, Science select committee, Professor Gabriel Horne Chair, Academy of Medical Science working group on addiction, Professor Colin Blakemore Member, UK Drug Policy Commission; former director, Medical Research Council, Tracey Brown Director, Sense about Science, Dr Leslie King Member, ACMD, Ruth Runciman Former member, ACMD. 
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Comment #8 posted by ekim on November 24, 2008 at 18:41:40 PT
good going Hope
we do need more stories about how many CA 215 is helping.seems we only hear about the busts.ol Kapt has been right all along as i can not watch a tv news cast with out hearing how far in debt each state is and what will the states do to raise more it the time to count up how much can be made on taxes on cannbis and how much can be saved on ending the prohibition and stopping the eradication of hemp plants.all the reform groups must join and give input as to what the true cost of this prohibition has cost this country and how far it has set us back from those countries that are growing it.
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Comment #7 posted by FoM on November 24, 2008 at 17:21:46 PT

Obama said he would stop raiding marijuana patients. I think he will honor that. “I would not have the Justice Department prosecuting and raiding medical marijuana users. It’s not a good use of our resources.” — U.S. Sen. Barack Obama (Ill.), August 21, Nashua, N.H.

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Comment #6 posted by FoM on November 24, 2008 at 17:19:16 PT

Shaking Going On
Without getting into a reason on this development I want to say it doesn't surprise me. I never understood how dispensaries became so big in California but I don't live there so what do I really know? Not much really. 
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Comment #5 posted by Sam adams on November 24, 2008 at 16:49:25 PT

won't be long now
we'll know what's going to happen in CA. These court rulings appear to be "creeping prohibition" of med. MJ and Prop 215. Will the Feds stop raiding under Obama? If I had to bet money right now I'd say no. Judging from his rumored picks (Republican "Drug Czar") it sure doesn't look good.
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Comment #4 posted by Hope on November 24, 2008 at 15:55:56 PT

Cannabis for Patients
Why doesn't the media or someone go after some explanations about the so called "Compassionate Use Program"?It's been successful of course. It's helped the patients enormously. But they want to keep it quiet and they want to act like they never heard of Medical Marijuana when they are growing and supplying it to some citizens.What in the hell is going on with all the lying and deceiving of the people by our government? 
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Comment #3 posted by HempWorld on November 24, 2008 at 15:50:43 PT

Interesting ...
"The ruling is the second time this year the state Supreme Court has limited the scope of Prop. 215."So, an initiative created and voted in by we, the people, can be limited by the Supreme Court, State or National. But exactly on whoes authority?Laws created democratically by we, the people can be limited by a higher court? On what authority?No wonder seriously ill patients have been used as a political football for all these years (12 of them and counting).The legislature does not want us to have cannabis and thus, we cannot have it. But on what authority?Especially considering that several Americans are receiving this very medicine from their own Federal government.On whoes authority are these patients getting FDA disapproved medicine?In short: You won't get it (marijuana) until you sue people and but the thumscrews on them that seems to be the only way to get results in the USA.
On a mission from God!
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Comment #2 posted by charmed quark on November 24, 2008 at 15:24:32 PT

not a good thing
Although I actually think the ruling makes sense, since 215 never legalized retail sell of cannabis, and I love the idea of cooperatives, this really will make things harder for medical cannabis users.The more commercial clubs have been doing a very good job of getting high-quality cannabis to medical users. They've made getting cannabis as easy as getting drugs from your local drugstore.The cooperatives have been hit or miss. And in spite of often having extremely dedicated people organizing them, like WAMM, cooperatives seem to have trouble remaining in operation.
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Comment #1 posted by HempWorld on November 24, 2008 at 15:05:21 PT

But, the Feds supply medical and medicinal
marijuana (not FDA approved) to several people all over the US!Is the Federal agency sending out the cannisters with pre-rolled marijuana cigarettes a drug dealing agency?
On a mission from God!
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