cannabisnews.com: LA City Council Passes MMJ Dispensary Ordinance
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LA City Council Passes MMJ Dispensary Ordinance
Posted by CN Staff on January 20, 2010 at 05:45:27 PT
By John Hoeffel
Source: Los Angeles Times
California -- The Los Angeles City Council voted Tuesday to adopt a comprehensive medical marijuana ordinance that clamps strict controls on dispensaries, which have spread with a velocity that stunned city officials and angered some residents.Settling the last controversial issue on its list, the council decided to require the stores to locate at least 1,000 feet from so-called sensitive uses, such as schools, parks, libraries and other dispensaries. The decision to reject a 500-foot setback reflected the council's intent to write the most restrictive rules that would still allow dispensaries.
The ordinance, which emerged after 2 1/2 years of debate, will be one of the toughest in the state. It could douse the city's vivid anything-goes pot culture, which has been both celebrated and excoriated. The ordinance bans consumption at dispensaries, requires them to close by 8 p.m. and outlaws the ubiquitous neon cannabis-leaf signs.Council members acknowledged that the ordinance is not perfect and is likely to please no one."It's going to be a living ordinance," said Council President Eric Garcetti, predicting that the body will have to tinker with the provisions. "I think there is much good in it. I think nobody will know how some of these things play out until we have them in practice, and we made a commitment to make sure that we continue to improve the ordinance."Although some council members attempted to reopen debate on some contentious aspects and medical marijuana advocates urged a few last-minute alterations, council members pressed for a vote."Our moment is now. Our moment is today," Councilman Herb Wesson said. "We've been discussing this for two-plus years. It's time for action."The council's languorous approach since the issue was first raised in 2005 left a vacuum that allowed entrepreneurs drawn to the lucrative cash-based business to establish Los Angeles as the epicenter of a marijuana boom.The ordinance caps the number of dispensaries at 70 but makes an exception for those that registered with the city in 2007 and are still in business. That means L.A. could have about 150 stores.Hundreds of other dispensaries will have to close, but some are already laying the groundwork to challenge the ordinance. Dan Lutz, a co-founder of the Green Oasis dispensary in Playa Vista, heads an organization that is weighing a lawsuit or referendum to force the council to put the ordinance before voters. "We're ready on two fronts," he said.Medical marijuana advocates would have to collect just 27,425 valid signatures to force a referendum.Garcetti said he expected there would be lawsuits because state law, on which the ordinance is based, is murky and because L.A., as the state's largest city, is an obvious target."Small ones have gotten away with it under the radar. But now that we're the big one, I think a lot of court cases will come out of it," he said.But Garcetti said the city had to move forward to assert control over the medical marijuana outlets. "There's finally some tools for enforcement to shut down bad dispensaries that don't play by the rules," he said.It could be a while before city officials can move to close dispensaries.The council will vote a second time on the ordinance next Tuesday because the 11-3 tally fell short of the unanimous result needed to pass a law on the first vote. (Council members Bernard C. Parks, Jan Perry and Bill Rosendahl voted against the measure.) And it will not take effect until the council approves fees that collectives will have to pay to cover the city's costs to monitor them, which could take several weeks.Mayor Antonio Villaraigosa's office would not say whether he would sign the ordinance, but Sarah Hamilton, his press secretary, said he supports a cap on dispensaries and buffer zones that will "help protect the safety of our communities while ensuring that those who truly need medical marijuana have safe and accessible places to get it."It was May 2005 when Councilman Dennis Zine, a former L.A. police officer, first raised the issue, introducing a motion that asked the Police Department to investigate dispensaries. Two months later, the department reported that there were just four outlets but recommended that the council adopt tight controls on where they could locate.Two years later, the City Council approved a moratorium on new dispensaries; and 186 registered to stay open. In October, a judge ruled that the moratorium was invalid, leaving the city almost powerless over dispensaries. That spurred the council to accelerate a process Zine called a "merry-go-round that wasn't stopping."With the vote likely, Tuesday's debate drew a crowd. About 50 people spoke for nearly an hour.Medical marijuana advocates pressed the council to relax the location restrictions. They believe a rule that dispensaries cannot be across an alley from a residential lot will make it almost impossible to find sites. Several asked the council to create an exception to the buffer zones for dispensaries that can show they are good neighbors."I am urging you to make sure that the good dispensaries are allowed to stay open," said Richard Eastman, an AIDS patient who has addressed the council on the issue for years in his boombox voice.The restrictions adopted by the council could prove difficult for dispensaries. A city analysis showed that with a 1,000-foot setback from sensitive uses, most that meet the criteria to stay open will have to find new locations within six months.But neighborhood activists, including Eagle Rock's Michael Larsen, asked the council to stick with the most restrictive approach. "I'm very relieved that it is pretty much over because it's been a long road," he said later.The vote, which followed a thunderclap that briefly stilled debate, came almost as an anticlimax. It was celebrated with just a smattering of applause, and Garcetti swiftly moved the council on to other business.Councilman Ed Reyes, who has overseen the drafting of the ordinance, said he believed the council would have to return to some issues, such as controls over cultivation. "I don't think we are there yet," he said.The ordinance, which grew from five pages to 17, goes much farther than others in California to regulate the internal operations of collectives. It bars them from operating for profit, requires them to pay employees "reasonable wages and benefits" and rules out bonuses. It requires them to maintain extensive records and to submit an annual accountant-verified audit. It prohibits operators from running more than one dispensary. And it allows people buying marijuana to join only one collective, though it provides no mechanism to enforce that rule.The LAPD, already staggered by budgetary constraints, will have to scrutinize the books to ensure that operators are not making a profit but just covering their costs. The department has estimated that it would cost $1.3 million to monitor 70 collectives and would require a lieutenant, 11 detectives, an auditor and a clerk to do the job.Once the ordinance takes effect, the city attorney's office will launch enforcement efforts."Our focus will be closing the rogue operators," said Jane Usher, a special assistant city attorney.Usher said the city attorney's office would send letters to those dispensary operators telling them they must close. She said that based on experience, her office expects that at least a third will voluntarily comply.The city could then take the holdouts to court, a process that could prove time-consuming and costly.Source: Los Angeles Times (CA)Author: John HoeffelPublished: January 19, 2010Copyright: 2010 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/FIjxHBUVCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #63 posted by Hope on January 22, 2010 at 17:41:46 PT
Medical marijuana a dilemma for employers
http://denver.bizjournals.com/denver/stories/2010/01/25/story3.html
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Comment #62 posted by Hope on January 22, 2010 at 17:24:23 PT
Boycott
Boycott Starbucks for sponsoring anti-marijuana lobbyinghttp://www.indybay.org/newsitems/2010/01/22/18635964.php
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Comment #61 posted by FoM on January 22, 2010 at 16:46:07 PT
greenmed and bionic man
Thank you. I'm glad it's over.
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Comment #60 posted by greenmed on January 22, 2010 at 14:05:48 PT
FoM
It's good to have you back! Best wishes for a speedy recovery. Take a few months off before training for any marathons;)
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Comment #59 posted by bionic man on January 22, 2010 at 07:50:20 PT
Speedy healing
I am glad your procedure went well. Let the healing begin. As a frequent surgery veteran, I know the feeling of peace you are experiencing now it is over. So many thoughts run through your mind before , not always positive ones, but now the worst is behind you and you can look forward to running and playing with your dog, who knows something is up and will probably stay pretty close to you. I know it will be hard, but take it easy.
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Comment #58 posted by FoM on January 22, 2010 at 06:43:37 PT
Paint with light
Thank you so much. I was getting IV morphine before I left the hospital so I know why I felt so good. Today is a whole different day. I'll be spending most of today in bed but I wanted to find a couple articles first.
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Comment #57 posted by Paint with light on January 21, 2010 at 22:16:07 PT
FoM
I know it will be difficult for you, but try to relax and not push the healing process.I hope this operation works for you as much as you deserve.Your wonderful spirit shows through in your love for people and animals.Best wishes to you.
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Comment #56 posted by FoM on January 21, 2010 at 17:38:09 PT
BGreen
Thank you so much. I am happy to be back home. The Surgeon had to open me up. He couldn't do the keyhole surgery. Before I went under in the operating room I had them all talking about horses and dogs. They asked me if I still had horses and I said no but I have a big rottweiler and he is my little pony. This little rural hospital was a class act and I mean that in a good way. God Bless them all for being so kind to me.The last thing I remember is looking at the doctor and telling him I can see you smiling behind your mask. 
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Comment #55 posted by BGreen on January 21, 2010 at 17:18:27 PT
Hi, FoM!
It's freakin' GREAT to hear from you. Freakin' GREAT!The Reverend Bud Green
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Comment #54 posted by FoM on January 21, 2010 at 17:16:31 PT
Thank You All So Much
I am glad it's over and thank you for the emotional support. It makes it so much easier to handle. I feel ok now but I'm full of drugs and I won't be up very long tonight.
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Comment #53 posted by runruff on January 21, 2010 at 14:08:52 PT
" Irish jig!"
"lithuanian two step!"Maybe she will jog on home? 8o)
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Comment #52 posted by BGreen on January 21, 2010 at 14:05:07 PT
Whew!! Yay!!
I'm very happy.The Reverend Bud Green
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Comment #51 posted by dankhank on January 21, 2010 at 13:59:49 PT
huzzah!
glad to hear ...Peace and Strength to you FoM ... get well soonest ...
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Comment #50 posted by Hope on January 21, 2010 at 13:41:57 PT
They're done!
She's in recovery and promises me she's gearing up to do an Irish jig!Stick said the doctors think they did a pretty good job.Sounds good to me.
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Comment #49 posted by herbdoc215 on January 21, 2010 at 11:47:50 PT
FoM, May the lord keep you in his bossom
As we need you and the world needs a thousand more of you. Pain is the way we know we are alive and transitory, the will is everything and I know you are a fighter. You and Stick are both in my prayers, and if there is anything I can do afterward to help please don't hesitate to ask. peace n love, steve
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Comment #48 posted by Hope on January 21, 2010 at 09:03:45 PT
It's going to be wonderful.
Fixed up.We'll be thinking of you.
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Comment #47 posted by FoM on January 21, 2010 at 08:56:40 PT
Hope and Everyone
Love Ya Lady. Don't hesitate to call Stick anytime later this afternoon. He looks more nervous then me. Bless his heart. This will be my last post for a time. Take good care of CNews everyone and please keep it current. If they legalize marijuana while I'm gone have a party!!!I love all of you.
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Comment #46 posted by FoM on January 21, 2010 at 08:45:58 PT
runruff
I agree with you. I know recovering from this surgery will not be easy. I find if I get in a zone I can walk thru the fire and not get burnt so badly. I just stuffed my dogs kongs with peanut butter and kibble and have it in the freezer for him later on tonight or tomorrow. Everything is done that needs to be done. That makes it easier.This song will be one that I will look forward to when I am feeling better.Cyndi Lauper - The Tide Is Turning The Wall - Live in Berlin 1990http://www.youtube.com/watch?v=499niVlXZUk
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Comment #45 posted by Hope on January 21, 2010 at 08:37:10 PT
Well, it's alright!
We'll all be ok. Yes, we will!"Everything will work out fine."Life is God's dream of us, it seems. It's an honor to be a part of that great dream.Whoo hoo!They're going to fix you up and make you strong again, Martha.I'm so excited and hopeful about your getting some relief from this thing that has plagued you for so long.
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Comment #44 posted by runruff on January 21, 2010 at 08:01:01 PT
"End of The Line:"
End of one line always begins another!
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Comment #43 posted by FoM on January 21, 2010 at 07:39:47 PT
One More Song
Music helps me screw my head on straight! LOL!End of The Line: Traveling Wilburyshttp://www.youtube.com/watch?v=cwqhdRs4jyA
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Comment #42 posted by FoM on January 21, 2010 at 07:14:56 PT
BGreen
I will remember that! Bless Your Heart!
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Comment #41 posted by BGreen on January 21, 2010 at 07:07:16 PT
The good looking guy is me
Remember, Jesus isn't the only long-haired, bearded man who might be in your dreams. LOLThe Reverend Bud Green
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Comment #40 posted by FoM on January 21, 2010 at 07:00:51 PT
runruff
You are so sweet. 
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Comment #39 posted by runruff on January 21, 2010 at 06:51:30 PT
"I'll See You In My Dreams"
I better hurry and clean up a little!
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Comment #38 posted by FoM on January 21, 2010 at 06:05:27 PT
runruff
I have to be at the hospital at 1:30. The surgery will be a couple of hours after I am admitted. Stick has Hopes phone number and will call her after he finds out how the surgery goes and she will post it for all of you. I keep thinking of this song. Since I will be in the land of nod for a while today I thought of this song.I'll See You In My Dreamshttp://www.youtube.com/watch?v=uKz6Wvfdxhg
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Comment #37 posted by runruff on January 21, 2010 at 05:44:20 PT
FoM, you haven't left yet?
God speed!
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Comment #36 posted by runruff on January 21, 2010 at 05:41:09 PT
"I've always heard, "time flies".
Time flys like an arrow butfruit flies like a watermelon!
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Comment #35 posted by FoM on January 21, 2010 at 05:31:18 PT
Dankhank
Thank you so much. That was so kind of you to say.
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Comment #34 posted by FoM on January 21, 2010 at 05:18:09 PT
BGreen
Thank you so much. I'm looking forward to getting this over and feeling better.
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Comment #33 posted by BGreen on January 21, 2010 at 04:45:29 PT
God bless you, FoM!
In the words of Bob Marley, "everything's gonna be alright,now."Take care, heal quickly and for goodness sakes get back here as fast as possible. You don't have to search for articles, just post a little like the rest of us.The prayers and positive energy are flowing towards you already.I love you, Martha. Fight like the forces of heaven are behind you.Bud
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Comment #32 posted by Hope on January 21, 2010 at 00:30:30 PT
Time flying...
It looked like it did more falling than flying.:0)Although it was out from the wall a bit. It must have bounced. It's really odd that it fell. Must have not been hung back well the last time it was down. And the thunder today just rumbled it right off there... slowly... slowly, apparently.
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Comment #31 posted by Paint with light on January 21, 2010 at 00:18:58 PT
Hope
"Now a clock just jumped off the wall and crashed to the floor."I've always heard, "time flies".Legal like alcohol.
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Comment #30 posted by dankhank on January 21, 2010 at 00:18:35 PT
late-breaking ...
thoughts for your welfare today, FOM, hoping everything goes well.You are the rock upon which we all lean ...Peace ...
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Comment #29 posted by Hope on January 20, 2010 at 23:00:49 PT
Sacrificing your life isn't the same
as trying to help them when you can. To be kind to them like you would a friend... or a stranger.That's not sacrificing your life or career or anything.This is what I can do. This is what I can't do.My mother was sad for awhile because her friend's children bought her friend a Cadillac. She thought it would be nice if we, her children, bought her a Cadillac. Duh. Mom.
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Comment #28 posted by John Tyler on January 20, 2010 at 21:20:10 PT
parents and children
I suppose it is some personal philosophy or something, but children canít, shouldnít, not be expected to (pick one) sacrifice their lives, career, marriage, happiness for their parents. Itís not right and it creates resentment. If you do it because you want to that is another matter, then it is not a sacrifice. Conversely parents do and should sacrifice for their children so they can grow up to be better, happier people. I did not sacrifice for parents and neither did they ask. It was nice. My wife and I had to sacrifice for her mother for 30 years. She was demanding, unpleasant, and never satisfied. It used up a lot of our time and resources. We were caught in some kind of weird Karma. No one was sad when she passed away. I think my whole point here is that parents are wrong to try to make their children sacrifice for them. It is a bad thing. It is not conducive to the flow of family generational power. The hope, the family power, etc. should go to the next generation, and the next generation after that. It is the parentís task to make that happen. If you are in a family you get a turn at each level. You start off as the child, with parents, and grand parents. You grow up and marry and have children of your own. Your grand parents pass away. Your parents become the grand parents. Your children grow up and marry and have children. Your parents pass away and you become the grand parents. And the cycle repeats itself. All of us have to focus on and sacrifice for the next generation, not the other way around. Thatís just me. Other people may think differently.
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Comment #27 posted by Hope on January 20, 2010 at 20:44:30 PT
Hmmm.....
Now a clock just jumped off the wall and crashed to the floor.Well that's interesting.
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Comment #26 posted by Hope on January 20, 2010 at 20:40:22 PT
It's because they are in need, RChandar.
"They have capsized most of their intellectual beliefs in favor of supporting whomever takes care of them."Give as much of yourself as you can to them. They need you.
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Comment #25 posted by John Tyler on January 20, 2010 at 20:26:46 PT
will still get it one way or another
You see all of these local politicians making rules for this and that with regard to cannabis, and it may cause some disruption, but it will have little effect overall, because people genuinely like cannabis a lot. They have shown that they will acquire it one way or another. They would prefer it through legal outlets, but if small-minded politicians try to restrict access it will be obtained through other means. Cannabis is going to be consumed one way or another, legal or otherwise. Politicians should face that fact and save themselves, the taxpayers, and everyone else a lot of time, money, and trouble and do the right thing. 
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Comment #24 posted by rchandar on January 20, 2010 at 20:19:38 PT:
Hope
We ARE ALL ANIMALS. No, my trade is academia, we're not supposed to be passive people.Your register is appropriate though. There are many burdens and falsehoods that operate in our life as pure modus operandi. Keeping that kind of cancer from overtaking your spirit is a constant thing, a discipline. I can assure you, though: whatever problems I face are dwarfed by the greater problems many others do. I've kept myself alive, that was with many friends like yourself. When I was younger, I thought old age would be kind and refreshingly peaceful. That's not always the case. My parents think they are doing right, and with both of them diagnosed with cancer, they have capsized most of their intellectual beliefs in favor of supporting whomever takes care of them. I admit not being part of the decision is affecting me some. But I am not going to sacrifice my career and personal vision to them: that's what's causing the trouble.Will be in touch again,rchandar
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Comment #23 posted by Hope on January 20, 2010 at 20:02:06 PT
Yes.
We did.
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Comment #22 posted by FoM on January 20, 2010 at 19:17:43 PT
Hope
It sounds like you had a tornado nearby.
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Comment #21 posted by Hope on January 20, 2010 at 19:12:19 PT
Tornado
Some people still don't have power. In one place there is a trampoline tangled in overhead electrical wires.I knew it was getting weird today.My daughter's doggie door saved her some damage. It happened so quickly she didn't have any windows open. The doggie door stood in right straight out. Her son had just gotten a call about hail coming and ran to open the garage door to move the cars in out of the hail and it hit. It came inside the garage. That door being open, the doggie door pop out relief valve effect, and an open chimney flue saved them from damage. Neighbors' walls blew out. Chimneys fell. Windows and doors blew out. Of course, trees uprooted, down, and split and thrown all over the place.No major injuries though, it looks like. People are riding around in the areas most afflicted looking at the damage.Somebody's dog blew away. Maybe they'll find it yet. It's probably still hiding. Hopefully.
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Comment #20 posted by FoM on January 20, 2010 at 17:40:37 PT
Hope
What happened? 
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Comment #19 posted by Hope on January 20, 2010 at 16:54:22 PT
Something bad has happened.
Sirens.
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Comment #18 posted by Hope on January 20, 2010 at 16:35:33 PT
It's like the olden days ... the old west
except for cars going by and I have a battery powered computer.:0)
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Comment #17 posted by Hope on January 20, 2010 at 16:23:20 PT
Halloween
I'm just glad it's not.:0)
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Comment #16 posted by Hope on January 20, 2010 at 16:22:00 PT
The power went off at six thirteen
a little later... something moved under my desk.Great.
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Comment #15 posted by Hope on January 20, 2010 at 15:05:01 PT
right now
I hear the rolling thunder.Strange evening. Strange light and clouds. Strange bolts or rays of lights through the dark clouds.This is the kind of day that strange stuff happens.I don't like it. Spidery already... now this.
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Comment #14 posted by Hope on January 20, 2010 at 13:43:41 PT
RChandar
I can see, I think, that cannabis could have a very pleasant and good effect on you. "Without even seeing you, I can see that you are likely quite high strung, I'd say... if a horse had a personality like yours seems to be. A bit irritable, perhaps.You can get highly irritated and lash out, I have little doubt. People are animals. We have traits, like other creatures, I guess, too."
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Comment #13 posted by Hope on January 20, 2010 at 13:06:40 PT
You're kidding. Right?
Commit you because of your stance in the War on Drugs or something?They think you're crazy because you feel calmer, and better with a bit of cannabis, occasionally? Like maybe right before bed, and maybe, just a few minutes of blissful peace? A soothing moment? Like a nice shot of whiskey or glass of wine... or beer... a fine cigar or a fine bowl? Like ice cream?Without even seeing you, I can see that you are likely quite high strung, I'd say... if a horse had a personality like yours seems to be. A bit irritable, perhaps.You can get highly irritated and lash out, I have little doubt. People are animals. We have traits, like other creatures, I guess, too.It might be time to pack.Or will they follow you and imprison you against your will? For having a different opinion of the War on Drugs? And liking pot?You're just having a silly fight with someone and no one is going to commit you.Right?
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Comment #12 posted by Hope on January 20, 2010 at 12:10:46 PT
Well there you go.
There's his address. Some of you have surely got a spare room. He's easily researched.He's open. He might be handy even, or good company for someone in need of good company. He won't smoke up all your dope and he won't stab you in the middle of the night, I'd tend to believe.He'd be a hell of a house sitter. I imagine him as neat.He's flummoxed about his career and how his life seems to be going. He needs a place to breathe and think, I suspect.
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Comment #11 posted by Hope on January 20, 2010 at 12:03:40 PT
Are you
unreasonably obstreperous?
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Comment #10 posted by Hope on January 20, 2010 at 12:02:59 PT
RChandar
Your family is going to commit you?Why?
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Comment #9 posted by Hope on January 20, 2010 at 12:02:22 PT
Excuse my jitteriness.
I am having a spidery day.I'm not liking it.
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Comment #8 posted by Hope on January 20, 2010 at 12:01:25 PT
RChandar
Oh my gosh!
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Comment #7 posted by rchandar on January 20, 2010 at 11:41:56 PT:
Off Topic
If someone else has a family, I'd like to drop mine and join yours. These people seem to think that even being in this family is contingent upon supporting the WoD. They're planning to put me in a straitjacket and march me into an institution, just because our views are different.When the chips are down, you find out who your friends are.--rchandar
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Comment #6 posted by Hope on January 20, 2010 at 10:07:28 PT
Education and infrastructure
aren't as important as that drug prohibition and prison industry.
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Comment #5 posted by Hope on January 20, 2010 at 10:05:52 PT
 "Who needs those taxes anyway?"
Enforcement agents and agencies of the government, at all levels. So that they can be paid to beat people's asses off.
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Comment #4 posted by dongenero on January 20, 2010 at 08:39:21 PT
CA tax-exempt
Make non-profit dispensaries tax-exempt.
Current CA law exempts sales of prescription medication from taxation. If they want such controls on marijuana, then exempt it from taxes equally.  The numbers I've seen citing tax revenue from the dispensaries was listed at many millions of dollars. Who needs those taxes anyway?  http://www.taxes.ca.gov/exemptbus.shtmlSales and Use Tax (Board of Equalization)Nonprofit or exempt organizations do not have a blanket exemption from sales and use taxes.Some sales and purchases are exempt from sales and use taxes. Examples of exempt sales include, but are not limited to, sales of certain food products for human consumption, sales to the U.S. Government, sales of prescription medicines and certain vehicle and vessel transfers. For more information on exempt sales, please read Publication 61, Sales and Use Taxes: Exemptions and Exclusions. For information on vehicle and vessel exemptions, see Publication 52, Vehicles and Vessels: How to Request an Exemption from California Use Tax.There are special exemptions in the Sales and Use Tax Law for certain types of charitable organizations. For information on which charitable organizations qualify for exemptions read Publication 18, Tax Tips for Nonprofit Organizations.
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Comment #3 posted by dongenero on January 20, 2010 at 08:28:21 PT
Non-profit
If the dispensaries must be non-profit, I presume this in turn would make them tax-exempt as well.It's only fair.
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Comment #2 posted by Hope on January 20, 2010 at 07:53:00 PT
Off Topic
If anyone has a window near their computer, they really should put out some sort of bird feeder or feeders where they can see them and refill them. Like a tray on a pole or a rock or on the ground. Load it with bird food and it's just amazing.
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Comment #1 posted by FoM on January 20, 2010 at 06:46:38 PT
From The Washington Post
Marijuana Policy Project's Rob Kampia Takes Therapy Leave After Sexual MisconductJanuary 20, 2010URL: http://voices.washingtonpost.com/reliable-source/2010/01/mpps_rob_kampia_taking_three-m.html
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