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  L.A. Acts To Cap Medical Marijuana Dispensaries

Posted by CN Staff on December 09, 2009 at 06:23:23 PT
By John Hoeffel 
Source: Los Angeles Times  

Los Angeles -- The Los Angeles City Council took several key steps Tuesday toward completing an ordinance that would regulate the city's multiplying medical marijuana dispensaries, voting to sharply limit the number and location of stores.The decisions, reached after hours of often heated debate, came more than 4 1/2 years after the council first looked at the issue. At that time, there were four known dispensaries in the city. Hundreds opened while the city failed to enforce a moratorium on dispensaries and pass an ordinance.
The council voted to allow 70 dispensaries. But it also decided to allow those dispensaries that had registered with the city and are still open in their original locations to continue to operate. The city attorney's office put the number at 137. The cap would take effect only if the number of dispensaries dropped to 70.In a final bid to clamp down, the council also tightened the location restrictions, deciding that dispensaries will not be allowed within 1,000 feet of schools, parks, libraries, residences or sites with other so-called sensitive uses. Supporters of that restriction said it was critical to protect neighborhoods, but opponents and dispensary operators insisted that it would eliminate most locations in Los Angeles, where commercial strips are often next to houses.The council plans to vote today on the overall measure.The debate has seen the council try to find a balance among medical marijuana advocates who have demanded safe access to the drug, homeowners who have protested the rapid expansion of dispensaries into residential neighborhoods and prosecutors who have insisted that collectives cannot sell marijuana and must grow it on-site.Councilman Jose Huizar, who spearheaded the push for the cap and other attempts to stiffen the proposed ordinance, said he believed the city needed to start with the most restrictive approach. "If we allow for permissiveness in this ordinance, people will take advantage of it," he said.Most council members appeared to agree, including Ed Reyes, who oversaw the drawn-out drafting process and who had reduced the allowable distance from schools and other such sites to 500 feet. He reversed himself Tuesday."I really think we sent a strong message that we want to take our city back," said Reyes, who intervened several times as the debate strayed to urge his colleagues to finish the ordinance. "We have to clean up a real big mess now."L.A. has almost no control over its medical marijuana dispensaries. An L.A. County Superior Court judge recently declared that the city's moratorium on new outlets, adopted in 2007, was illegally extended and could not be enforced. Dispensaries are still opening and have clustered in neighborhoods such as Eagle Rock, Hollywood and Woodland Hills, drawn by empty storefronts or by proximity to night life or cities that do not allow pot dispensaries.Michael Larsen, public safety director for the Eagle Rock Neighborhood Council and one of the most vigilant neighborhood activists, said he was pleased with the cap and the location restrictions: "We see the light at the end of the tunnel, but I don't expect any real change in the situation until late spring or summer, realistically."The only other city among the state's 10 largest to impose a cap is Oakland, which has less than one-tenth the population of Los Angeles and allows four dispensaries. Those operations have become extremely successful, splitting about $20 million a year in sales. Berkeley, with a population of 107,000, allows three shops; Palm Springs, population 47,600, two; West Hollywood, population 37,000, four; and Sebastopol, population 7,700, two.Jane Usher, a special assistant city attorney, told the council that she did not believe a lawsuit challenging a cap would be successful. "If you can have an outright ban," she said, "then assuredly you can have a cap."Council members wrestled with whether to cap the number at 70, as Huizar proposed, or 186, as Councilman Dennis Zine suggested. Zine and several other council members argued that the city needed to respect the dispensaries that had followed the city's requirements and registered to operate under the moratorium.Zine spoke strenuously against the proposed 70 limit. "I don't think that is fair to those that opened up legally," he said. "I think that we should hold true to those that followed the rule."But Huizar noted that the 186 did nothing more than fill out paperwork. "There's good ones, there's bad ones," he said, adding that city officials had not vetted them.He also maintained that 70 was all that the budget-strapped city could oversee. "We don't have sufficient staff right now," he said.Los Angeles Police Cmdr. Pat Gannon said the LAPD would probably set up a separate inspection and audit unit to oversee dispensaries. He estimated that a 14-employee team would be needed to watch 70 dispensaries and would cost about $1.3 million to operate. He said the staff could be drawn from the narcotics unit, but added, "They would not be working on criminal narcotics investigations that they would normally be working on."Under the proposed ordinance, those dispensaries allowed to remain in business would have six months to comply with the new restrictions. Many would probably have to relocate. City officials will draw up a plan that would distribute them among the city's 35 community plan areas by population to prevent over-concentration.Yamileth Bolanos, a dispensary owner and president of the Greater Los Angeles Collectives Alliance, was relieved. "We complied with everything they asked us to at that time, so it's only fair. It's a good place to start," she said.Dispensaries that opened after the moratorium will have to shut down. City officials are still working out how they will force those operators to close. Some have threatened to sue if the council gives preferential treatment to registered dispensaries.Councilman Richard Alarcon, frustrated to learn that the council had reduced the setback requirement from 1,000 to 500 feet, spearheaded the effort to restore the greater distance."To think that we're going to have these places 500 feet from schools, that to me is ridiculous," he said.But Councilman Paul Koretz argued that the cap and distance restrictions in the ordinance would be a de facto ban. "If you did all of this, you might as well wipe out the whole system and have to start over again," he said.The council included residences in the list of sensitive uses on Tuesday, an addition that many dispensary operators insist would make it impossible to find a suitable location. "They essentially closed down every dispensary in Los Angeles," Bolanos said.City planning officials said they were unable to say exactly what the impact would be. The department has not completed citywide maps that would show the exact properties available under 500-foot and 1,000-foot setbacks.The council also tangled over whether to restrict the amount of dried marijuana and plants that dispensaries can have on hand and require dispensaries to cultivate marijuana on-site.Huizar argued that on-site cultivation was necessary to ensure that dispensaries were not buying from the black market, but Koretz wondered whether the requirement would lead to "stadium-size dispensaries."The council decided against specific restrictions and chose simply to require that dispensaries follow state law. That solution echoed the approach the council took earlier on the issue of whether dispensaries can sell marijuana. Faced with the adamant contention of the city attorney's office that sales were illegal, the council adopted vague language that allows cash contributions as long as they comply with state law."It allows for the courts to decide that," said council President Eric Garcetti, who had worked out the "elegant" language that dispensary owners believe allows sales and the city attorney's office believes ban them.Huizar also tried to persuade the council to collect detailed information on medical marijuana use, including the age, gender, city of residence, medical condition and recommending physician's name for every patient. He said that information would allow the council to learn the real demand.Koretz and Councilwoman Janice Hahn raised objections, questioning why the information was necessary. Huizar agreed instead to ask city officials to report back on what kind of information could be collected.Source: Los Angeles Times (CA)Author: John HoeffelPublished: December 9, 2009Copyright: 2009 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/gbof0OuzCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #24 posted by Hope on December 10, 2009 at 16:27:05 PT
Museman
I don't want to "Handle" anyone.I want everyone to back off and leave each other alone more than is being done in this country right now, and respect each other more.
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Comment #23 posted by museman on December 10, 2009 at 12:02:24 PT
Hope
"The people who fight so wickedly hard against it are just crazy."They are power addicted, wealth worshipping, ego-centric, obsessive compulsive psychotics, who have to use fear, lies and deception, excessive force, and mind-f--k beyond simple and common understanding - and devote great energy and resource to maintain it (at everyone elses expense of course) to get their way in the world.Those who stand against the liberty and freedom of choice that cannabis represents to us on many many levels, reveal themselves to be these descriptions, and should be handled accordingly.LEGALIZE FREEDOM
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Comment #22 posted by Hope on December 10, 2009 at 11:40:51 PT
The fear of marijuana
and the fear of people using the plant is one of the strangest phenomenon of human kind, ever.The people who fight so wickedly hard against it are just crazy. 
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Comment #21 posted by Storm Crow on December 10, 2009 at 11:24:21 PT
And from sunny California.........
A little local (for me) news........http://www.mtshastanews.com/news/x327822897/Sheriff-s-Department-claims-pot-collectives-are-illegalSheriff’s Department claims pot collectives are illegalMembers of the Siskiyou County Sheriff’s Department maintain that the medical marijuana collectives in Siskiyou County are operating illegally and they want these establishments to be investigated and shut down.
Detective Darrel Lemos and Capt. John Villani of the Sheriff’s Department attended a Dunsmuir City Council meeting on Nov. 10, 2009 to participate in the public hearing which was scheduled to give community members a chance to voice opinions about an ordinance the city council is considering which would impose regulations on medical marijuana establishments.
Lemos also attended the city council’s meeting on Oct. 27 when council members voted unanimously to adopt an ordinance to impose a 45-day moratorium on the issuance of business licenses for marijuana dispensaries.
At the public hearing, Lemos stated, “The law clearly states that you cannot sell marijuana. You cannot make a profit. It is not for people to group together to make a monetary gain.”
Lemos explained that medical marijuana establishments are by law supposed to be nonprofit organizations and that only a medical marijuana patient’s primary caregiver is legally allowed to receive financial reimbursement for the exchange of marijuana.
According to Section 2 of the Attorney General’s “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use,” a primary caregiver is a person who is designated by the qualified patient and “has consistently assumed responsibility for the housing, health, or safety” of a patient.
According to Lemos, since dispensary owners do not fall under the primary caregiver category, it is unlawful for them to accept money from patients in exchange for marijuana.
“To authorize or open this kind of business is a criminal activity. There is no way they can operate legally without violating the law,” he said.
A public hearing attendee asked Lemos if law enforcement officers plan to shut down the Siskiyou County medical marijuana collectives.
“Yes,” Lemos responded. “We’re going to shut all of them down.” (snipped)To say the least, I'm "P.O."ed at the local law enforcement. I just wanted to point out something about this phrase- “has consistently assumed responsibility for the housing, health, or safety” of a patient. By eliminating the need for potentially dangerous pharmaceuticals, by providing a product with a documented history (who grew it, any middle men, etc) and by eliminating the need to buy from shady backstreet dealers, a dispensary DOES indeed look after both the health and safety of its clients! Providing "housing" is not a requirement! That little word "OR" can make a big difference!And Runoff, there was an old scifi story once about politicians having a bomb strapped to their chest and if enough voters pushed their buttons..... A trap door would do, though. 
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Comment #20 posted by runruff on December 10, 2009 at 07:02:11 PT
Interactive Congress!
We at home should have the power to push buttons on our remote that will activate a trap door behind the podium. Whenever a congressman or senator starts talking crazy we push the open button and the trap door opens dropping the offensive congressman into a "rethink your stupidity tank".If we had this device 10 years ago Bob Barr would have been given the ol' "Super Slide Ride" right into the stupid tank!I think we should ask our local congressmen if they like my idea?
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Comment #19 posted by Anna J on December 09, 2009 at 19:07:01 PT:
Interests of the Council
IMHO only the people that stand to profit from WOD will vote to continue as is. Somewhere somehow they stand to gain from this position. Few are that pure of heart as to worry about others morals. In a dry county it was said bootleggers and preachers voted to keep it dry.If you are not satisfied with Congress vote all of them out soon.
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Comment #18 posted by FoM on December 09, 2009 at 18:45:24 PT
Hope
I agree. I remember it like it was yesterday.
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Comment #17 posted by Hope on December 09, 2009 at 18:28:24 PT

The Barr Amendment
One of the sorriest and most blatant insults to Democracy in this country in recent history, and right out of D.C..Still, after all these years... still so disgusting.It was, and is, treason by lawmakers against the democratic vote of the people of D.C..None of the people that voted to pass that amendment should still be in office. It is a disgrace and ongoing humiliation to the dignity of this country and the sanctity, if any, of what she was supposed to be.
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Comment #16 posted by FoM on December 09, 2009 at 16:56:10 PT

Congress Close to Ending Ban
Congress Close to Ending Ban on Medical Marijuana in Washington, D.C.December 9, 2009Washington, D.C. -- In a historic move, Congress is now poised to end the decade long ban on Washington, D.C. implementing the medical marijuana law District voters passed in 1998 with a 69 percent majority. Known as the Barr amendment, the provision – a rider attached to appropriations for the District -- has forbidden D.C. from extending legal protection to qualified medical marijuana patients and has been derided by advocates for years as an unconscionable intrusion by the federal government into the District's affairs.URL: http://www.salem-news.com/articles/december092009/mmj_dc_.php
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Comment #15 posted by FoM on December 09, 2009 at 14:54:30 PT

Denver To Get First Gourmet Marijuana Restaurant
December 9, 2009URL: http://cbs4denver.com/business/medical.marijuana.gourmet.2.1346694.html
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Comment #14 posted by FoM on December 09, 2009 at 13:26:09 PT

Video: Medical Marijuana Shakedown Coming?

December 9, 2009 Shira Lazar talks to Dr. Allan Frankel about what's in store for the the medical marijuana industry in California.URL: http://www.cbsnews.com/video/watch/?id=5950243n
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Comment #13 posted by FoM on December 09, 2009 at 12:45:58 PT

LA City Council Delays Marijuana Ordinance Vote

By Greg Risling, Associated Press WriterDecember 9, 2009LOS ANGELES—The Los Angeles City Council has again delayed a vote on a medical marijuana ordinance that could close hundreds of dispensaries. 
The council on Wednesday asked planning officials to return next week with district zoning maps that show how many pot dispensaries could close because they are within 500 feet of homes, schools and public gathering sites. Council members indicated a vote could come in January on the ordinance providing guidelines for pot dispensaries in the nation's second-largest city. City officials estimate as many as 1,000 dispensaries operate in Los Angeles. Only four were open 2005, when city officials first discussed a local medical marijuana law.Copyright: 2009 Associated PressURL: http://www.chicoer.com/business/ci_13958531
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Comment #12 posted by HempWorld on December 09, 2009 at 12:21:29 PT

NEW WORLD ORDER ...
"Comprising the government within a government were not just spies, gangsters, and Cubans, but Nazis. Mae found that many of the commission witnesses -- whose testimony established Oswald as a lone nut' -- had never even spoken to Oswald, or knew him only slightly. The bulk of them were White Russian emigres living in Dallas. Extreme in their anti-Communism, they were often affiliated with groups set up by the SS in World War II -- Eastern European ethnic armies used by the Nazis to carry out their dirtiest work."Brussell also discovered an episode from history rarely reported in the media, and not often taught in universities. Those same collaborationist groups were absorbed by United States intelligence agencies. They hooked up with the spy net of German General Reinhard Gehlen, Hitler's Eastern Front espionage chief.""'This is a story of how key Nazis . . . anticipated military disaster and laid plans to transplant nazism, intact but disguised, in havens in the West,' wrote Mae Brussell in 1983. She didn't author too many articles, but this one, 'The Nazi Connection to the John F. Kennedy Assassination' (in 'The Rebel,' a short-lived political magazine published by 'Hustler' impresario Larry Flynt), was definitive, albeit convoluted."'It is a story that climaxes in Dallas on November 22, 1963, when John Kennedy was struck down,' Brussell's article continued. 'And it is a story with an aftermath -- America's slide to the brink of Fascism.'"Mae Brussell quit broadcasting her radio show in Spring of 1988, after receiving a death threat from a "man who is said to have identified himself as 'a fascist and proud of it.'"The last project she worked on, before her death from cancer on October 3, 1988, writes the author, "was a study of Satanic cults -- within the U.S. military. The hidden fascist oligarchy had progressed far beyond the need for patsies like Oswald. They were now able, Brussell asserted, to hypnotically program assassins.
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Comment #11 posted by HempWorld on December 09, 2009 at 12:09:49 PT

kaptinemo and Hope
You are so right!Hope, it strikes me that the USA is a very male dominated country when I compare it to other countries I visited/lived. IMHO, women in the USA are generally found in a supporting role, not a leading role. This is very wrong and I cannot explain this quickly, it's also possibly because of the war culture this country/USA immerses itself in, now for many decades.Obviously, war and pot are not very compatible. And war is not something women champion in general because they are life givers.This issue comes down to tolerance towards people other than you (gays, cannabis users etc.): Republicans cannot handle this and act like fascists and Democrats are split as usual.
WORLD-WIDE TOLERANCE IS NEEDED!
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Comment #10 posted by Hope on December 09, 2009 at 12:06:45 PT

Oh my Lord. I shudder at this....
But once again, you're so right, Kaptinemo. So right."But this is more worrisome:Yamileth Bolanos, a dispensary owner and president of the Greater Los Angeles Collectives Alliance, was relieved. "We complied with everything they asked us to at that time, so it's only fair. It's a good place to start," she said.And many Jews cooperated with the Nazis, practically collaborating in their extermination. They thought they were going to be able to mollify their would-be executioners.And make no mistake, that's the kind of intent the prohibs have:Huizar also tried to persuade the council to collect detailed information on medical marijuana use, including the age, gender, city of residence, medical condition and recommending physician's name for every patient. He said that information would allow the council to learn the real demand.That's right, the equivalent of handing out the 'stars' that the captive Jews had to wear to prove they were 'legally' allowed to keep breathing...until the next turn of the screw. (And IBM gave the Nazis a real big hand, courtesy of census information they collected and used in rounding up those Jews.)Dammit, doesn't anyone read history books, anymore? This is exactly the kind of path that has to be fought tooth and nail." 
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Comment #9 posted by Hope on December 09, 2009 at 12:02:46 PT

Indeed, Kaptinemo!
"....he's a modern Republican; that type is always worried about someone else's morals, while his own are suspect."And they think government should be the moral authority and dire enforcer of all morality. They don't believe in families and the rights of families and their abilities to be families, or personal self control and choices at all. They believe only in authority of governments to control the thoughts and actions of others to be the answer to everything. They also believe they have some sort of right to rule all others because of who they are or something. Something about being "Royal" or above all others, or something.That's stupid.
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Comment #8 posted by Hope on December 09, 2009 at 11:53:41 PT

Yes...
I know there are plenty of sorry, stupid women out there. Plenty!It's just that there are so many men in power and so much of this prohibition effluence comes right directly from them.Now I'm sorry, sort of, that I said it... because of all you wonderful men that are fighting this injustice.But, I think men should be aware of their hormonal workings. It's not all just about being "Hysterical". Men can certainly stir up their share of it. It's a bad idea, though. A really bad idea. Thinking just "Hormonally", male or female, is a bad idea... especially in government.If it's not hormones and fear and the fighting impulse out of that... what is the cause of this injustice and cruelty? It can't be knowledge and wisdom and respect.
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Comment #7 posted by Hope on December 09, 2009 at 11:45:37 PT

Forgive me a bit of a rant...
I blame men, as in the gender, for the state the world is in and this ugly prohibition, a scarring, and oozing sore on the face of humanity and the fact that they refuse to let it heal. Gender wise, it too often seems, especially with the preening, parading, bellering, and gesticulating of the government sort. They'd rather fight, intimidate, and rule others and just be general horses's asses than be tolerant and allow people their own lives. They have no humility. No pure intellect. No compassion... as they see it as a sign of some sort of weakness. "Live and let live", isn't a good idea to them. EX Rep, Bob Barr keeps showing up in my inner picture of this behavior.It's a bull thing. A testosterone thing.I know all you men are not suffering from this misappropriation of hormones... but dang... it seems like too many are.This idiocy of "crime" when there is no real crime, and outrageous "punishment" is just so old and wicked and tiresome.Thank you.I feel a little better.I really don't blame men, as gender, specifically... well not ALL men.I love many of you very, very much.Fearful people, excessively fearful people... afraid to be free and let other people be free are really a problem.
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Comment #6 posted by dongenero on December 09, 2009 at 11:35:43 PT

LA city council is pro-black market
LA City Council has a perfect stimulus plan for the black market. Many in organized crime will be just as pleased as the prohibitionists.I think many entrepreneurial delivery people will step in.
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Comment #5 posted by kaptinemo on December 09, 2009 at 11:23:45 PT:

By their words, ye shall know them
Words like:Councilman Jose Huizar, who spearheaded the push for the cap and other attempts to stiffen the proposed ordinance, said he believed the city needed to start with the most restrictive approach. "If we allow for permissiveness in this ordinance, people will take advantage of it," he said.Spoken like a true culture warrior, always worried about (sniff) (nasally unctuous voice) 'permissiveness'. I'd wager good money he's a modern Republican; that type is always worried about someone else's morals, while his own are suspect. But this is more worrisome:Yamileth Bolanos, a dispensary owner and president of the Greater Los Angeles Collectives Alliance, was relieved. "We complied with everything they asked us to at that time, so it's only fair. It's a good place to start," she said.And many Jews cooperated with the Nazis, practically collaborating in their extermination. They thought they were going to be able to mollify their would-be executioners.And make no mistake, that's the kind of intent the prohibs have:Huizar also tried to persuade the council to collect detailed information on medical marijuana use, including the age, gender, city of residence, medical condition and recommending physician's name for every patient. He said that information would allow the council to learn the real demand.That's right, the equivalent of handing out the 'stars' that the captive Jews had to wear to prove they were 'legally' allowed to keep breathing...until the next turn of the screw. (And IBM gave the Nazis a real big hand, courtesy of census information they collected and used in rounding up those Jews.)Dammit, doesn't anyone read history books, anymore? This is exactly the kind of path that has to be fought tooth and nail. 
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Comment #4 posted by FoM on December 09, 2009 at 11:08:09 PT

Hope
Here's another interesting article. ***Many States Sending Fewer People To Prison, Federal Report ShowsDecember 9, 2009The number of people in U.S. prisons has grown at the slowest pace in nearly a decade, according to figures released Tuesday by the Bureau of Justice Statistics. The study also found that incarceration rates in 30 states declined last year.URL: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/08/AR2009120803234.html?sub=AR
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Comment #3 posted by Hope on December 09, 2009 at 10:53:06 PT

Comment 1 is a bit of good news.
Especially for D.C.. The thing is, I already thought that was done.Sam Adams. You're so right. It does seem like the city council and other government bodies actually want to protect and nourish the black market. They seem to not have a clear sense of reality and what is really going on in the world at all.Prohibition of popular consumable substances is one of the craziest "civilization" and "societal" things to ever come down the pike.
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Comment #2 posted by Sam Adams on December 09, 2009 at 09:56:10 PT

LA city council
interesting, all these actions by the city council are exactly what you'd do to preserve the black market and ensure that organized crime continues to play a role.Got to keep up the make-work for the cops! otherwise efficiency and prosperity might break out.Obviously those closed storefronts need immediate action - we wouldn't want any new business to start up now, in the middle of a recession!You can see that the police control almost every facet of government policy, from the local city and town level to state and federal government.
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Comment #1 posted by FoM on December 09, 2009 at 07:12:42 PT

The Other Drug Lobby Celebrates
December 9, 2009Backers of drug legalization are pleased:U.S. House and Senate negotiators agreed on Wednesday on the final details of the FY 2010 Consolidated Appropriations Act, which contains at least three BIG victories for reformers:* Washington, DC will finally be allowed to implement the medical marijuana initiative that voters overwhelmingly approved in 1998 but has been blocked by Congress each year since then.* Funding for the White House "drug czar's" ad budget has been slashed by more than a third of its size last year. Studies have repeatedly shown that these ads actually cause teens to use more -- not fewer -- drugs.* Washington, DC will be able to use federal funds to implement syringe exchange programs.Copyright: 2009 Capitol News Company LLCURL: http://www.politico.com/blogs/bensmith/1209/The_other_drug_lobby_celebrates.html
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