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Medical Cannabis Collectives Win
Posted by CN Staff on August 11, 2009 at 11:55:46 PT
By Pebbles Trippet
Source: Ukiah Daily Journal
Ukiah -- With the grow season upon us, what can patient-growers expect from law enforcement this season, after 710 marijuana arrests and 520 prosecutions (hundreds being medical) in 2008, the worst year in memory?What are current numerical limits on growing "for medical purposes" what is "reasonably related to one's medical needs"? Since Measure B, is the state law limit of six mature plants/eight ounces per patient in place?
Or is it 25 plants per parcel, regardless of the number of patients, as claimed in civil nuisance ordinance 9.31, currently being enforced by the Mendocino County Sheriff's Office, initiated as "courtesy calls" and "compliance checks"?The quantity or amount of medicine a patient needs is up to the doctor to determine. Each patient's plant or quantity limit can go up if the doctor approves a higher annual supply of medicine based on six plants/eight oz. being inadequate for the patient's reasonable medical needs.How can we protect ourselves more fully under state law via knowledge of rights, responsibilities and good neighbor policies?There is a snowballing trend toward court victories for medical cannabis collectives in Mendocino County. From Sutherlin (2007), a 4-person collective acquitted at trial, to Sutherland (2009), a 4-person collective with charges dismissed at the preliminary hearing, Senate Bill 420's protective clause is actually protecting patients, as intended, for those who do it right and follow the law. The dual purpose of SB 420/Medical Marijuana Program Act is to 1) set up a voluntary medical marijuana ID card program; 2) "enhance access for patients and caregivers to medical marijuana through collective cooperative cultivation projects." Since the Attorney General released 2008 Guidelines on how to be legal under the collective/cooperative clause, there is increasing preference among patients to follow reasonable guidelines and join with others in private membership associations organized for the common good as an alternative to individual profit. What does the purely self-motivated profit engine have to offer these days? It is fading as a respected mode of operation for survival in times of scarcity, like the internal combustible engine. We're at the historic juncture of the marijuana wars in relation to society's economic collapse. The remedy is regulation.This points to a paradigm shift from motivation for individual profit to the common good as the goal, with additional legal protections to sell and distribute medical cannabis within a "closed-circuit membership association" under First Amendment Freedom of Association protections.By forfeiting the profit mode, medical cannabis collectives gain extra legal protections to sell and distribute medicine to the membership within a closed-loop cycle. The cycle should be a closed-circuit of marijuana cultivation and consumption with no purchases or sales to or from non-members. There are no limits on the number of patients allowed to join a collective association, causing urban areas to harbor hundreds of collectives and cooperatives, legally protected to provide their patients with "farm direct" medicine grown in the country - from the ground to the patient's hands.The collective approach is fast becoming normal for how to organize cultivation of medical cannabis. Sheriff's local guidelines on Prop. 215 are invalid and illegal without recognition of SB420's "collective cooperative cultivation," as codified under H&S11362.775. Here are some examples of local cases where courts found collectives were doing it right:Matthew Sutherlin (2007) 4-person medical cannabis collective. Jury trial acquittal. Defense attorney: Ed DensonLaura Hamburg (2008) 4-person family collective. Dismissal of all charges due to illegal search and seizure based on intentional omission of material fact.' Defense attorney: Keith Faulder.Luke Strauss and Joe Maligno (April 3, 2009). Collective membership association with two Redwood Valley patients growing 400 pounds for West Hollywood Center for Compassionate Healing, a storefront dispensary providing medicine to 1,000-plus patients. Hung jury 7-5 in favor of acquittal, based on the conclusion of the majority of jurors that defendants were following the Attorney General Guidelines on Collectives under state law. Charges were not refiled. This watershed case shows a Mendo jury will not convict based on quantity alone, without also knowing how many patients are being provided the medicine. Defense attorneys: E.D. Lerman and David Nick.David and Cara Lampach (April 30, 2009) Collective membership organization growing 50 pounds in Willits for storefront dispensary, Harborside Collective, in Oakland. After two offers of rejected plea bargains, all charges were dismissed by DA the same day. Defense attorney: Jan Cole-Wilson.Shelton Sutherland (July 24, 2009) 4-person patient collective. All recognized as in compliance with state and local law by the court. Dismissed at prelim based on illegal search and seizure due to medical purposes being withheld from the judge in requesting a criminal warrant. Compliance checks without warrants or with invalid warrants which omit the claim of medical purposes from the judge in order to get a warrant will not hold up in court.Defense attorneys: Tony Serra and Omar Figueroa.Pebbles Trippet is a member of the board of the Mendocino Medical Marijuana Advisory Board.Source: Ukiah Daily Journal (CA)Author: Pebbles TrippetPublished: August 10, 2009Copyright: 2009 Ukiah Daily JournalContact: udjrb pacific.netURL: http://drugsense.org/url/5BUaOxsQWebsite: http://www.ukiahdailyjournal.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #20 posted by FoM on August 12, 2009 at 18:48:41 PT
Marijuana Stores Open In Rhode Island
RI Proposes Rules MarijuanaAugust 12, 2009PROVIDENCE, R.I. - Medical Marijuana stores to open in Rhode Island was announced on Tuesday by the Department of Health, lawmakers have voted 30-2 to allow three non-profit stores to sell marijuana to chronically ill patients in a state program.Rhode Island became the third state in the country this year to allow marijuana sales to patients.While marijuana remains illegal under federal law, the Obama Administration has said it won't target marijuana dispensaries that follow state law.Copyright: 2009 The Associated Presshttp://www.myfoxny.com/dpp/news/national/090811_Marijuana_Stores
[ Post Comment ]


Comment #19 posted by FoM on August 12, 2009 at 17:45:57 PT
Pot-Friendly California: Amsterdam In America?
August 12, 2009Audio for this story from Morning Edition will be available at approx. 9:00 a.m. ETURL: http://www.npr.org/templates/story/story.php?storyId=111784495
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Comment #18 posted by Hope on August 12, 2009 at 16:14:04 PT
"Boys on the Tracks"
And still, somehow, against all common sense, it goes on and on.Those "Boys on the Tracks". Some of "The Children". Some of the many children that died because of greed and violence. Did the "War on Drugs" kill as many children yet as the "Drugs"? Has "The War", the prohibition, actually "Saved" any?Is "The War" itself... the prohibition... the real source of this violence and deceit around drugs and their use? Drugs can kill. The War on Drugs can kill even more.
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Comment #17 posted by Hope on August 12, 2009 at 16:04:36 PT
Hempworld Comment 7 Documentary
It's very, very hard to watch.
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Comment #16 posted by Hope on August 12, 2009 at 16:02:48 PT
Comment 11
Preventionists!Oh my. " We brought a group of prevention specialists together not long after I became the director. And the prevention specialists felt that their voices in quality prevention programs have not been heard." We know these "Prevention specialists"! That's what they started calling themselves when "Prohibitionists" started sticking to them rather inordinately well, and very rightly so."We're not "Prohibitionists". We're "Preventionists"" was their comeback.
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Comment #15 posted by runruff on August 12, 2009 at 09:53:57 PT
Warning; TOXIC!!!
Johnny P. Walters Is a toxic human being.His kind is toxic to freedom loving, free thinking people everywhere. He is an extension of the Bush Family toxicity that has poisoned America!
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Comment #14 posted by FoM on August 12, 2009 at 08:20:58 PT
dongenero 
If only John Walters had kept his nose out of the debate we would have been further down the road.
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Comment #13 posted by dongenero on August 12, 2009 at 08:11:19 PT
from Wiki - on ONDCP
By law, the drug czar must oppose any attempt to legalize the use (in any form) of illicit drugs.[5]. According to the "Office of National Drug Control Policy Reauthorization Act of 1998"[6] the director of the ONDCPI guess it's "check your brain at the door".This makes sense? Reform is needed more than most could imagine.
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Comment #12 posted by runruff on August 12, 2009 at 06:21:30 PT
Like I said..
"investigate every retired DEA agent and discover where their money came from."Here is the real prison fodder!
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Comment #11 posted by FoM on August 12, 2009 at 05:08:23 PT
Drug Czar: A 'Different Approach' 
August 11, 2009Excerpt: But Kerlikowske, who by the rules governing his office cannot say anything else -- "The statute says we have to absolutely resist (legalization" -- said that the administration is working on a "different approach" to the Drug War.URL: http://www.newspapertree.com/news/4141-drug-czar-a-different-approach-in-the-offing-no-legalization
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Comment #10 posted by HempWorld on August 11, 2009 at 20:29:52 PT
John Tyler
Jah Mon! I agree, etc. So, essentially the US is a Narco State and Mexico is becoming one. (or is already one, my worst nightmare) When Mexico falls, we will see some major bloodshed.(This is MHO I don't mean to offend anybody, Ok?)
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Comment #9 posted by John Tyler on August 11, 2009 at 20:16:00 PT
CIA smuggling
The CIAís involvement with drug smuggling goes way way back. Remember Reagan and the Iran/Contra drug for money story? This was a scheme to raise money by flooding the country with cocaine. Check out the movie ďAir AmericaĒ with Mel Gibson. It is about the CIA smuggling heroine out of Southeast Asia to the US. And so on and so on. The crass hypocrisy is enough to make one nauseous. And the latest pow wow with Canada, US and Mexico resulted in a rededication the same old stuff that has never worked before. Too many people are making too much money from this whole affair for it to stop any time soon. If people get sent to prison or killed itís the cost of doing business. Itís the politics of contraband. And the lure of easy money has a very strong appeal.
Glenn Fryís Smugglers Blues
http://www.youtube.com/watch?v=zAkq1OezI6gFor you nostalgia fans here is Smugglers Blues from Miami Vice (1980ís) with Crockett and Tubbs
http://www.youtube.com/watch?v=rL0x5wgN2Xg&feature=related
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Comment #8 posted by HempWorld on August 11, 2009 at 17:26:48 PT
Problem Solved!
Now after watching the cocaine running by the CIA or contractors thereof, it is obvious why Kerlikowske does not like the legalization word.With legalization there would be no more covert drug running to fill the coffers of would-be presidents and the clandestine operations of the CIA!
Legalize All Drugs!
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Comment #7 posted by HempWorld on August 11, 2009 at 16:19:16 PT
Attention CNews Readers and Bloggers!
Please check out this excellent documentary about the CIA running tons of cocaine into the US at Arkansas and Louisiana. 
This is the reason 'drugs' are to remain illegal, unless it is exposed for the entire American people to see.As one prosecutor says near the end (Sam Dalton is his name at about 130 minutes in) "you should investigate every retired DEA agent and discover where their money came from."This movie/documentary is brilliant and is about 148 minutes long. I recommend everybody watches this someday soon!Ps. the link on post#3 works also!
http://video.google.ca/videoplay?docid=4664530914793827668&hl=en
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Comment #6 posted by JiMorrison on August 11, 2009 at 16:06:54 PT:
CIA Coke Smuggling via Clinton Bush
Will HEMP WORLD please get this link straightened out ???
It does not link to `pot.tv', but rather to a google page
which has no such story, as the above.
Please help, many people will want to see this story.
ME too.Thanx
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Comment #5 posted by FoM on August 11, 2009 at 14:58:43 PT
HempWorld
The url you posted in Comment 2 was too long but the other ones worked.
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Comment #4 posted by Sam Adams on August 11, 2009 at 13:04:56 PT
New York Couple
wow, I had not heard of the people in Albany, they sound awesome.the newspaper makes a snide remark about cannabis oil for cancer as being "oustide of modern medical theory" but of course studies have been literally pouring in over the last 10 years about cannabinoids inhibiting cancer, and at least 3 Big Pharma giants are working on products.And then you scroll down just a bit more and see "HEARST Newspapers". the more things change, the more they stay the same "know your history, know your future"
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Comment #3 posted by HempWorld on August 11, 2009 at 12:57:10 PT
Link
I am struggling with the link, I hope this one works:http://video.google.ca/videoplay?docid=4664530914793827668&hl=enMaybe you can fix this FoM.
http://video.google.ca/videoplay?docid=4664530914793827668&hl=en
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Comment #2 posted by HempWorld on August 11, 2009 at 12:54:02 PT
Attention CNews Readers and Bloggers!
Please check out this excellent documentary about the CIA running tons of cocaine into the US at Arkansas and Louisiana. This is the reason 'drugs' are to remain illegal, unless it is exposed for the entire American people to see.As one prosecutor says near the end (Sam Dalton is his name) "you should investigate every retired DEA agent and discover where their money came from."This movie/documentary is brilliant and is about 148 minutes long. I recommend everybody watches this someday soon!
CIA Cocaine smuggling via Clinton and Bush!
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Comment #1 posted by FoM on August 11, 2009 at 12:09:19 PT
New York: Couple Brings Pot Plant To Capitol
August 11, 2009URL: http://www.timesunion.com/AspStories/story.asp?storyID=829771
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