Newest articles on The Sacramento Press tagged as "cannabis"

Weighing in on the medical marijuana dispensary 'freeze'

2011-11-17T02:01:57Z

With an 8-1 vote Tuesday, the City Council put a nine-month hold on the application and permit process for medical marijuana dispensaries, bringing everything to a standstill.

City Councilman Darrell Fong was the only dissenting vote, citing concerns that proximity of dispensaries to schools and parks is not adequately addressed in the ordinance.

The freeze left some dispensary operators and medical marijuana patients concerned for the future of dispensaries and of the ability to access medicine.

The Sacramento Press asked people for their opinion of the current state of limbo that medical marijuana dispensaries are in. Reactions from Sacramentans ranged from mild to animated – one thing they were not, however, was ambivalent.

Jeanne Larsson, 45, the director of A Therapeutic Alternative, said the City Council made the right decision Tuesday.

“I think it’s fantastic,” Larsson said. “They’re not reacting – they’re not giving a knee-jerk reaction out of fear.”

Larsson said the city and dispensary operators have a lot of time and money invested in the process, and she has nothing but praise for council members for temporarily stepping back from the situation.

“I’m pretty confident they’re going to do the best they can to make it work,” Larsson said.

Katherine Wold, a dental hygienist from Elk Grove, said she believes an effort to shut down dispensaries would be unwise.

“I think it’s ridiculous if you are allowing people to use (marijuana) for medication and don’t allow a place for them to purchase it,” Wold said. “Not everyone wants to grow their own.”

Wold, 36, said she is personally opposed to legalizing marijuana, but said that, if it is legal, it makes sense to provide access to it.

“I don’t think there’s anything wrong with stopping and taking a closer look at any decision, though,” Wold said. “There’s always time for reflection to make good decisions.”

Some people who spoke about Tuesday’s City Council decision saw a larger issue with medical marijuana than simply a freeze on the permit process.

“I think it’s pretty obvious that once it’s legalized, the penalty for use will go from misdemeanors to felonies,” unemployed Sacramento resident Jay Cameron said. “It used to be just a little dispute, but now it’s a battleground for police and sheriffs.”

Cameron, 48, said that, since medical marijuana is such a “big moneymaker,” he believes it will become another way for the criminal justice system to profit.

“That’s the whole reason to get all those (dispensaries) shut down in town,” Cameron said. “It’s a moneymaker for the police who make arrests – they just need to get more bodies in their cells and more tickets to be paid.”

Between “big pharmaceutical companies” and “competing” police and sheriff forces in the city, Cameron said, “medical marijuana and dispensary operations are all about money.”

Joe Cole, a local printer account representative, said the subject is something he feels passionate about.

“I think (dispensaries are) being used more as a way to get marijuana through legal channels than just to get medicine,” Cole, 54, said. “There could be a better way (to get medical marijuana), but I don’t think these dispensaries are the way to do it.”

Cole said he feels an outright ban on dispensaries would be a better way to handle the current situation unless medical marijuana is fully legalized. In that case, Cole said, it should be dispensed through doctors, hospitals and pharmacies.

“I think the doctors (prescribing marijuana) right now are in cahoots with the dispensary operators,” Cole said.

Gary Harris, 27, said his father is a medical marijuana user who has seen positive results from the use of cannabis, so he has a personal interest in the subject.

Harris, a salesman at a local bed store, said that he believes the city would make a mistake to shut dispensaries down, so taking a “wait-and-see attitude” is a good idea.

“If you close down legal dispensaries and force (marijuana sales) underground, you put money into the hands of the guys with guns and grenades,” Harris said. “That policy won’t work.”

Harris said he’d like to see the situation resolved between the state and the federal government over medical marijuana.

In the meantime, Harris said, “the best course of action is no action.”

What is your opinion about medical marijuana dispensaries in the city? Should they be allowed to operate and be regulated? Or, should Sacramento follow in the footsteps of neighboring communities – like Elk Grove and Rancho Cordova – and move toward a complete ban on dispensaries?

Make a comment below this story – we’d like to hear from you.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Business group discusses change to county cannabis ordinance

2011-11-11T03:50:47Z

Instead of pursuing an ordinance to allow special permits for medical marijuana dispensary operations in the county, local business owners learned Thursday that county officials are taking steps to reinforce the current ban.

“The Board of Supervisors is headed in a direction to reinforce a stance that the county does not permit medical marijuana dispensaries,” Leighann Moffitt, principal planner with the Sacramento County Planning Department said Thursday.

A new section of the county zoning code is being proposed that specifically prohibits activity that violates federal or state law in any way.

Moffitt spoke to local business owners as a featured guest at the Arden Arcade Business Council monthly meeting Thursday.

Currently, the lack of a specific permit or zoning provision acts as a ban against dispensaries in the county.

The board considered creating an ordinance that allowed dispensaries to operate within the county, Moffitt said, but that was before the federal government’s recent emphasis on enforcing federal prohibitions against marijuana production, sale and distribution in the states.

Moffitt explained that the Supervisors have had a “change of direction,” and they are no longer pursuing any ordinance to permit or regulate dispensaries in the county.

The proposed ordinance change prohibits “any land use activity or establishment that contravenes either state or federal law or both.”

Moffitt said the new zoning code wording will go before the planning commission and the Board of Supervisors before the end of the year.

“I don’t know where this (issue) is going to go in the long run,” Moffitt said. “At one time, the board was willing to entertain the idea of permitting dispensaries, but that has clearly changed.”

Between local and federal enforcement activities, the number of dispensaries in the county was reduced from an estimated 60 to 13, Moffitt said.

Because dispensaries in the county are operating illegally, county staff previously could only estimate a total number of dispensaries, Moffitt said. Now that code enforcement has escalated, officers have been able to get a more precise count.

The proposed code changes sparked discussion among the audience about the scope of the new zoning code wording.

Burnie Lenau, a 53-year-old landscape architect in Sacramento, said the new ordinance will be too broad and could have unintended consequences.

“(The county’s) goal is to go after a selective fish,” Lenau said, “yet they’re casting this big net that is going to get a lot of different land uses encumbered by it.”

Lenau said he’s concerned about the status of medical marijuana dispensaries in the county because of the potential liability issues created from the use of medical marijuana.

“As an employer, do I want someone under that influence driving heavy machinery or driving a company vehicle?” he said. “That’s a real liability consideration for an employer.”

Lenau said he’s following the issue closely because county planning, zoning and business regulations are all issues that small business owners won’t know about unless they are really paying attention.

“I have to be engaged in (government process),” he said. “Right, wrong or indifferent, all these things affect my daily life as a business owner.”

Other concerns voiced by members of the business group related to potential legal action against landlords who rent space to medical marijuana dispensaries.

“There are conflicting state and federal laws on various things that the property owners have to deal with. If someone says, ‘You’re in violation, so you’re out of business...’ not every federal law has precedent over state law,” said Timothy Cahill, attorney and president of the Charles C. Bell, Inc. law firm.

“One of the threats that the federal government uses – a very real threat – is the possibility of forfeiting property,” Cahill said.

“Under Federal law, if something is considered contraband or if contraband is used in the process of business, (the federal government) can go ahead and take property,” Cahill said. “That’s a very serious threat to property owners.”

Moffitt said there have been some actions against property owners at the county level, but no property seizures.

“The overall objective is to close down illegal dispensaries, not to harm landlords,” Moffitt said.

Moffitt said the proposed ordinance changes will go to the Planning Commission Nov. 28 for discussion. If approved, the changes will move forward to the Board of Supervisors for approval in December.

The county Board of Supervisors regularly meets at 9:30 a.m. Tuesdays at the County Administration Building, 700 H St.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Feds crack down on medical marijuana dispensaries

2011-10-13T06:28:10Z

Local medical marijuana dispensaries recently came under fire as the federal government began cracking down on illegal marijuana growing and dispensing operations across the nation.

But wait – medical marijuana is legal in California, right? Yes and no.

In the wake of a June 2011 memo sent to state attorney generals from the Department of Justice warning of the federal government’s intention to shut down illegal marijuana operations, there have been numerous raids on dispensaries in California.

Some local operators have received warning letters that they may be next.

“Joanne,” a dispensary operator in Sacramento who wants to remain anonymous, said Wednesday that local operators have always known the federal government might intervene.

“There’s never been a promise that it wouldn’t happen,” Joanne said. “Everyone is on high alert now.”

Under federal law, the production, distribution and use of marijuana for any purpose is illegal.

Exceptions have been made, however.

In 1978, President Jimmy Carter signed the Compassionate Investigational New Drug Study program allowing a select handful of patients to use marijuana for medical purposes.

The program was closed to new applicants in 1992, largely due to a huge increase in applications from AIDS patients. After the program was closed, 13 patients already in the program were allowed to continue. Of those, four currently remain on the program.

In California, a statewide voter initiative – Proposition 215, known as the Compassionate Use Act – was passed in 1996 by 56 percent of the voters, allowing medical access to marijuana for seriously ill patients.

As of 2011, 16 states have medical marijuana laws on the books that recognize a medicinal value for marijuana. California is one of them.

Despite state laws popping up across the nation, the federal law has remained unchanged – marijuana use for any purpose is still illegal.

In 2007, as Barack Obama was campaigning for president of the United States, he stated his support of legalization of marijuana for medical purposes. However, until it was legalized, Obama said, he wouldn’t use federal resources to enforce the federal law.

A memo from the Department of Justice followed in October 2009, reiterating that the DOJ wouldn’t focus federal resources on prosecuting “individuals whose actions are in clear and unambiguous compliance with existing state laws” for the medical marijuana use.

Although the memo did not “legalize” marijuana, it opened the floodgates for dispensary operators to open shop in states that had laws on the books allowing medical marijuana use.

Max Del Real, a lobbyist for the Sacramento Alliance of County Collectives (SACC), a medical cannabis trade association, said in a July interview that there were approximately 45 to 65 medical marijuana dispensaries operating in Sacramento county at that time – but that number was just an estimate since none of those operations were permitted through county administration.

According to a city staff report, when the city enacted its medical marijuana ordinance in November 2010, there were already 39 registered medical marijuana dispensaries operating in the city.

A new influx of dispensaries – including some large-scale, industrial marijuana cultivation centers with revenue projections in the millions of dollars – quickly caught the attention of the DOJ.

In an attempt to curtail this potential profiteering, U.S. Attorney General James M. Cole released the June memo stating that the DOJ would use federal resources to prosecute illegal marijuana cultivation, distribution and use – including marijuana for medicinal purpose.

“The Ogden (Memo) was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law,” Cole stated.

Hence, the DOJ was essentially saying that state laws regarding the legalization of medicinal marijuana are irrelevant when it comes to the prosecution of marijuana growers, sellers and distributors.

Ryan Landers, director for the American Alliance for Medical Cannabis, said he disagrees with the DOJ’s stance on medical marijuana, calling the recent enforcement actions of the Department of Justice “heavy-handed” and unnecessary.

“The genie’s out of the bottle, and the Feds are trying to shove it back in,” Landers said. “We could achieve the same thing through regulation instead of direct attack.”

Despite the recent focus on prosecuting dispensaries by the federal government, Sgt. Andrew Pettit, Sacramento Police Department spokesman, said that the department isn’t “cracking down” on dispensaries.

“We don’t have a narcotics team,” Pettit said. “Our concern with (dispensary operators) is only that they follow the regulations.”

Pettit said the department has specific protocols to follow when an operator is in violation of any local ordinance, and police officers will turn those cases over to the District Attorney.

Joanne said that it’s the “opportunists” that break the rules, doing harm to the industry and harm to the patients.

“There some bad apples out there, yes,” Joanne said. “But it isn’t the industry as a whole. The few that break the rules make the rest of us look bad.”

Still, Joanne said the DOJ raids are not necessarily a bad thing.

“It’s going to be a good thing when the dust clears,” Joanne said. “It will make the industry better, and the grey areas a little less grey.”

Calls for comment to the Department of Justice and the state Attorney General’s Office were not returned by press time.

MEDICAL MARIJUANA TIMELINE
1978 – Federal court rules in favor of a glaucoma patient’s use of medical marijuana in Randall v. U.S.

1978 – President Jimmy Carter signs the Compassionate Investigational New Drug Study program

1992 – President George H. W. Bush closes the CIND program to new applicants. Only four individuals remain in the program.

1996 – California voters pass the Compassionate Use Act (Proposition 215), legalizing the use of marijuana for medical purposes.

2001 – U.S. Supreme Court rules that state and federal laws do not need to conform with each other.

2007 – Presidential candidate Barack Obama states support of medical marijuana legalization, and assures voters he will not use any federal resources to enforce the current federal law.

2008 – The California legislature passes Senate Bill 420 (SB420), instituting a statewide medical marijuana ID card program.

2008 – Attorney General Jerry Brown clarifies state medical marijuana guidelines, requiring dispensaries to become collective nonprofit organizations.

May 2009 – The city of Sacramento enacts an ordinance to allow dispensary operators to apply for special operating permits within the city.

October 2009 – The Ogden Memo is released from the Department of Justice reiterating that federal resources will not be used to enforce current federal laws against medical marijuana users.

June 2011 – The Cole Memo is released from the Department of Justice stating that federal resources will be used to enforce current federal laws prohibiting marijuana production, distribution and use.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Medical marijuana supporters protests in front of Sacramento Federal Courthouse

2011-10-07T18:42:11Z

Around 20 medical marijuana supporters protested Friday in front of the Sacramento Federal Courthouse. The protest started at 10 a.m. and is scheduled to end by 1 p.m.

Medical marijuana industry wants an ordinance 'everyone can live with'

2011-07-08T01:50:13Z

A proposed urgency ordinance to regulate medical marijuana dispensaries within the county was voted down by the Sacramento County Board of Supervisors June 22, but the issue is far from dead in the water.

Representatives of dispensary owners are speaking out in support of regulation that recognizes medical cannabis as a legitimate industry that is here to stay.

Max Del Real, a lobbyist for the Sacramento Alliance of County Collectives (SACC), a medical cannabis trade association, spoke at the board meeting in June in opposition to the failed ordinance.

“The county had proposed an ordinance that would essentially close down all of the dispensaries in the county,” Del Real said. “They had a very short-sighted view of the issue.”

Del Real said that there are anywhere from 45 to 65 medical marijuana dispensaries currently operating in the county, but that number is just an estimate since the operations are not registered or permitted through county administration.

All dispensaries operating in the county are considered non-permitted businesses because the county does not currently offer a permit or license for this type of business.

“Code enforcement officials have said there are more than 50 (dispensaries in the county), based on the complaints they’ve responded to,” Del Real said, “but our informal research has found many more than that.”

Members of the SACC want to see the county to adopt an ordinance similar to the one the city of Sacramento adopted in 2010, Del Real said.

Del Real was part of a team of cannabis industry stakeholders who worked with city officials in 2008 and 2009 to develop the ordinance that is now in place with the city.

“It’s the leading model (of regulation) in the state,” Del Real said, “because it works.”

The current city ordinance includes requirements for registration with city officials, enhanced security at the dispensary and limited hours of operation, among other requirements, all intended to maintain order and ensure public health and safety.

The failed county ordinance, Del Real said, included a ban on the sale of edible products, no outdoor cultivation in all of the county, and a restriction that dispensaries could not be located within 600 feet of any residential-zoned area.

“I think (the county) was getting bad advice,” Del Real said. “They were getting incomplete advice, and their initial study fell short.”

Early in 2011, county supervisors began to recognize a “proliferation” of dispensaries in the county, Del Real said, so they directed staff to study local medical marijuana issues and return with an ordinance proposal for the board to consider.

Del Real said the task force that staff relied upon to help develop the county ordinance did not include any industry input – a factor that Del Real said is crucial to the process.

“They’re not the experts; we are,” Del Real said. “Allow us, as business owners and business supporters to educate (them) on this subject, and we can come up with something everyone can live with.”

Del Real said dispensary owners in Sacramento County are ready and willing to accept an ordinance that mimics the city ordinance.

“It’s a golden opportunity for the county in terms of potential revenue, too,” Del Real said. “Why would they walk away from that?”

The current city ordinance limits the number of dispensaries within city limits, and applicants for the required special use permits are charged a $40,000 application fee plus a $12,000 annual permit fee.

Read more about city medical marijuana fees here.

Additionally, in November 2010, voters passed Measure C, which successfully introduced a 4 percent sales tax on the gross receipts of all dispensaries in Sacramento.

The city has projected $1.5 million in revenue for the 2011-12 fiscal year from that tax measure.

Del Real estimates that, if the county would adopt a similar ordinance to the city one, it would mean roughly $4 million – or more – directed to the county coffers.

“In these economic times, we need good news,” Del Real said. “The good news here is medical cannabis. The county needs to recognize that.”

The Board of Supervisors is scheduled to meet July 27 to hear staff reports on new ordinance proposals for regulating medical marijuana dispensaries.

County representatives say a final decision will likely not be made at that meeting, and the process may actually take a few months to complete.

The meeting of the county board of supervisors will be at the County Administration building, 700 H St., at 9:30 a.m.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Four Twenty and Nine Tens; The Sizzling Sirens Perform 'I Love You Mary Jane!'

2011-04-26T01:28:27Z

The atmosphere was good. Harlow’s was dim, but not dark, and the stage lighting cast a tint of green throughout the club. The Harley White Jr. Orchestra was on the floor, playing an upbeat jazz number to signal the beginning of the show (and though there ended up being a 15-minute delay, no one seemed to notice). Sizzling Sirens were running around everywhere, attractive women dotting the crowd in rhinestone and fringe, lingerie-inspired getups.

“I Love You Mary Jane! Cannabis Cabaret” was performed by the Sizzling Sirens Burlesque Experience late last Friday night. The show was described on the Sirens’ website as “a one-of-a-kind tribute themed to expose a variety of Mary Jane’s manifestations in American culture throughout time.”

And while marijuana was presented with affection throughout the show, its history was hardly exposed. Fun facts (i.e. there are more than 200 slang terms for pot) were scattered between dancers’ performances but, for the most part, that was the extent to which the theme was explored.

Pot and perky cleavage seems an infallible combination, one that should result in a great show by default. But the show was not well thought out, with no clear middle or end. There wasn’t a lot of singing, dialogue, or the girls dancing together as a whole. Had an individual been looking for something similar to cabarets depicted in movies and television shows, they would have been disappointed.

Oversized feathered fans and long riding crops come to mind when recalling one of the show’s highlights, a dance performed by Colette Corbeau and Alijiah Dresden. There were a few surprising instances as well, like a Siren adorning six cheetah-print pasties and posing as a cat, inspired by the “Purple Pussy” strain of marijuana. The crowd’s encouraged participation in spanking the Sizzling Sirens probably didn’t hurt the show, either.

Whether “I Love You Mary Jane! Cannabis Cabaret” lived up to its own written description or not, most of the crowd seemed more than happy watching hot, dancing girls proclaim a love for marijuana to the mood setting sounds of the Harley White Jr. Orchestra.

City releases medical marijuana rules

2010-10-23T01:13:41Z

Next month city leaders are expected to discuss allowing the city’s 39 medical marijuana clubs to apply for permits to run their businesses legally in Sacramento.

The legal language of the draft medical marijuana ordinance was released Friday afternoon. City Council members will discuss the ordinance at their Nov. 9 meeting.

The draft ordinance states that only the 39 current registered shops can apply for permits. But it leaves open the possibility that the City Council can decide to set new limits on the number of shops in the future. “City Council may choose to reevaluate at a later date,” according to the document.

Medical cannabis dispensaries would have to pay several fees as part of the process to obtain a permit from the city. The fees “would provide for full recovery of program costs,” the document states.

The ordinance also sets rules for club locations. City staff propose that medical pot shops be located 600 feet away from parks, schools, churches, tobacco shops, substance abuse centers, theaters and “youth-oriented facilities,” according to the document. Homes must be 300 feet away from medical pot shops, the draft rules state.

Exemptions from the location rules could apply to existing dispensaries that are registered and have not moved to a different site since July 27, 2010, according to the draft.

“Currently there are 39 registered dispensaries,” the ordinance states. “Staff has made a conservative estimate that 25 dispensaries will complete the permit process within one year.”

Read the full draft ordinance here.

Kathleen Haley is a staff reporter for The Sacramento Press.

The Argument For Legalization.

2010-01-13T01:10:58Z

In this Sunday’s Sacramento Bee, Marcos Breton blasts the attempt to legalize Marijuana.

Breton said, “… the point –for most users- is just getting high.”

Really?

I am 35 and an epileptic; I have had chronic Insomnia all my life and Marijuana has been the only thing that helped.

In 2005 I smoked Marijuana for the first time and all that happened was that I was relaxed and slept?

Over the last two years I have constantly complained of sever insomnia only to have doctors ignore my complaints.

Mr. Breton characterizes the people using Marijuana as just stoners looking for cover.

Having been on Pharmaceutical drugs for almost all my life I can tell you first hand how they zone you out and zap your energy worse than pot ever can.

Some of the common side effects of anti-seizure medications are: insomnia, psychotic symptoms and memory loss. - I have experienced all of them on these un-natural drugs.

These side effects are due to the fact that the base component of many pharmaceutical drugs is Monosodium Glutamate. According to the Federation of American Societies for Experimental Biology in 1995, MSG can cause asthmatic symptoms.

If cannabis is so bad why is it a base component of Dilantin, which is the oldest anti-seizure medication?

The cannabinoids that are present in Marijuana are actually essential for people with conditions such as epilepsy.

Perhaps, Mr. Breton, If Marijuana was legal we would have more medicine based on cannabis which is safer than many of the synthetic chemicals which are used in medications instead, and are inherently un-safe.

While it is true that TCH in Marijuana can cause paranoia, we should legalize Marijuana so that we can make it safe for those who need this natural medicine instead of the poisons that the drug companies want to shove down our throats to make $400 billon a year.

Dispensary moratorium extended

2009-08-26T03:45:23Z

During Tuesday night's hearing, the Sacramento City Council voted unanimously to extend the citywide moratorium on medical cannabis dispensary openings and expansion for ten months and fifteen days, totaling a year of halted development.

The city is now 42 days into the moratorium's original 45. In that time, city government has been collecting information on cannabis clubs and invited existing dispensaries to register themselves within 30 days, a time window that closed on August 16. The registration has ceased; the research has not.

"We felt that 45 days was just too short," said City Special Projects Manager Michelle Heppner, who helped conduct the fact-finding mission. "Things moved very slowly. We would call the city, leave a message, get a call back in two days from the wrong person, it was hectic."

As outlined in the original moratorium, new cannabis clubs will be prevented from opening and existing clubs will be unable to physically expand their operations. There is no limitation on the number of patients a dispensary serves, however.

Cannabis club co-owner Lanette Davies spoke on behalf of the dispensary community and voiced her support for setting standards on practices.

American Association for Medical Cannabis state director and longtime medical cannabis activist Ryan Landers also spoke briefly, reminding the City Council of the seriousness of medical marijuana. "It saves people's lives, helps them keep medicine down, makes people eat. Cannabis is vital."

About 40 cannabis dispensaries registered with the city, a number that almost doubled the city's previous estimates. Those that did not register in the 30 day period will not be excluded from considerations, Heppner said. Registration consisted of providing basic information that proved the dispensary in question was open before June 15, but did not probe any further into the structure and practices of the businesses.

"We don't really know what [the clubs] do," Heppner said, "but that will be coming later when we consider regulations. That'll be the interesting part."

In the next few weeks and months, the research task force will communicate with dispensaries, compare regulatory options with other California cities and hold public meetings to invite comment. Current plans include an as-yet unscheduled meeting in late September and a law enforcement tour of Oakland dispensaries.

The moratorium will expire on July 13, 2010 unless it is further extended. Under city code, emergency ordinances can last up to two years.

The science of THC medicine

2009-08-20T04:49:07Z

Regardless of the smoldering controversy cannabis stirs up in Sacramento City Hall, the state Capitol and Washington D.C., the global scientific community has examined the drug with increasing interest recently. Local patients and doctors can't say enough about the groundbreaking potential of THC as a pharmaceutical.

There's a fairly large medical cannabis community in Sacramento, of patients, caregivers and researchers. Some dispensaries work directly with patients and doctors to bridge the gap between medical knowledge and social support.

Sacramento resident Thomas Coy has worked with the Capitol Wellness dispensary since it opened in 2004. He's a patient, an activist and a 28-year survivor of HIV/AIDS.

"Cannabis has helped me tremendously," he said. "I've been on medical programs and trials since 1983."

Cannabis allows Coy to cope with and overcome many symptoms of the virus. Smoking four joints a day helps prevent seizure, relieve nausea, fight pneumonia and stimulate his appetite.

"If it wasn't for medical marijuana, I'd be dead," Coy said. "Doctors say I'm a living miracle."

Despite a condition that many would find disabling, Coy keeps an active lifestyle and leads Cap Wellness support groups. Last week, Coy's HIV/AIDS group took a camping and whitewater rafting trip.

Coy counsels patients both socially and legally, and has worked for many years with the patients' rights advocacy group Americans for Safe Access. He has testified numerous times on behalf of federally-raided patients and clubs.

"I get out there and I raise my voice," he said. "I say 'this is medicine, hands off it.'"

Patients like Coy are a common sight at dispensaries and rallies, fighting for their rights to medicate for AIDS, cancer, multiple sclerosis, fibermyalgia, glaucoma... the list goes on.

Medical studies on cannabis took a long time to evolve, and Dr. Frank Lucido was there to watch.

Frank Lucido has been a general family practice doctor for 30 years. Since cannabis was legalized for medical use in 1996, he has been an outspoken and highly regarded supporter of herbal medicine. He spoke with The Sacramento Press to offer medical perspective on the drug.

"I started getting into it right away after it was legal," he said. "Every doctor knows they have about 20 slam-dunk patients that could benefit greatly from medical cannabis."

While Lucido was getting his M.D. in the '70s, doctors weren't learning about cannabis, aside from its reportedly high potential for abuse.

"The dangers of cannabis we knew were overblown," he said. "All of us saw people using cannabis in med school and still performing extremely well."

Once California's medical cannabis legalization measure, Proposition 215, got on the ballot, Lucido's interest was piqued. He had heard rumors that cannabis had some vague medical benefits and began checking out studies on what exactly cannabis did.

"There's still a lot we don't know, but we do know there are at least 70 reactive cannabinoids as well as many CBDs," he said.

Cannabinoids are essentially the 'stuff' in cannabis that gets people high. They're a family of chemicals that mimic a substance that the human brain naturally produces, a cannabinoid known as anandamide. There are receptors for anandamide throughout the body and brain. There's a wide variety of cannabinoids in cannabis, but most are concentrated into delta-9 tetrahydracannabinol, known colloqually as THC. More background on THC can be found at 3dchem.com.

Generally speaking, the more THC, the more potent the cannabis, at least for its relaxing properties. THC can be used as a sleep aid, pain suppressant, anti-inflammatory, anti-convulsant, appetite stimulant, muscle relaxant and - perhaps most commonly known - as an anti-depressant.

CBD is an acronym for cannabidiol, a family of substances in cannabis that are a bit of unexplored territory. In ongoing research, CBDs have been found to have anti-viral and even anti-tumor properties. Yes, this means that cannabis may help to prevent cancer, according to recent UCLA studies.

"It was announced about two or three years ago that cannabis didn't increase the risk of cancer, and it was briefly stated that certain doses might even be protective," Lucido said. Several other studies that have successfully used cannabis to shrink tumors in mice have been ignored despite their results, according to Lucido.

It's popular wisdom that it is impossible to overdose on cannabis, as the estimated lethal dosage adds up to smoking 1,500 pounds in 15 minutes. Yet, as it turns out, even if you took in a lethal dose (with Janis Joplin's lungs and Willie Nelson's stash), you'd still survive. Interestingly, there aren't cannabinoid receptors in the medulla oblongata, the part of your brain that controls breathing and other vital functions.

"That means that someone who smokes a fatal dose may be very sleepy, but they wouldn't die," Lucido said.

Although impossible to die from any dose of cannabis, smoking pot does carry other side effects. There's one major one — the side effect that isn't a side effect: Getting high. The psychoactive effect of cannabis can be either a euphoria (pleasant) or a dysphoria (unpleasant); some people enjoy it, others don't. If they turn to cannabis for relief from serious illness, however, dysphoric patients can get over their dislike and even become immune to the 'stoned' effect, something many sources have noted.

Cannabis can also be a mild lung irritant, but that can be avoided by eating a pot brownie or using a vaporizer.

Given the wide potential of cannabis' medical usage, it is still fairly uncommon for doctors to make regular recommendations for patients to use the drug.

"Most doctors are hesitant to recommend cannabis because of two reasons," Lucido said. "Either they don't know about its medical properties or they're afraid of the medical board and law enforcement. I keep myself to a very high standard and I was still investigated by the medical board."

Lucido, a private practice doctor, said that he screens his patients by asking for corroborating evidence of their condition. He quizzes any applicants under the age of 21 with two questions. First: "Are you living at home?" Second: "Are you hiding it from your parents?" He said this sifts out about 90 percent of young applicants.

While cannabis can have remarkable effects on the lives of people living with terminal disease, those cases are fairly rare. More commonly, patients seek treatment for mental tension and physical pain. A survey of Lucido's 1,045 patients in 2008 found that 61% medicated for chronic pain, 7% for anxiety, 6% for migraines, 4.4% for gastrointestinal disorders (indigestion, nausea, anorexia), and 3.4% for depression. Many other disorders take up the last 18%.

New studies consistently point out new uses for cannabis medication, as the University of California Center for Medicinal Cannabis Research (CMCR) continues to conduct research throughout the state on THC's effects on everything from spinal cord injury to MS muscle disorders. Interestingly, Lucido said he recently heard of another application for the sensual herb: increasing the female libido. While licentious cannabis-smoking females were key plot devices back in the 'Reefer Madness' days, new findings have shown that cannabis' come-hither effects can be used to stimulate a dormant libido.

Scientific exploration of cannabis' medical properties has yielded some promising fruit. Now, with increased local and national attention, research seems likely to keep on growing.

Photos courtesy of AngelJustice.org and David Scharf and Peter Dasil of Corbis

Bud business: Cannabis clubs explained

2009-08-14T05:23:35Z

As part of the fact-finding process of the cannabis dispensary moratorium, the Sacramento city government is taking a look at how, exactly, medical pot stores operate. Without many precedents to refer to, dispensaries don't have solidly established business practices. All dispensaries are somewhat similar, but none are alike.

Dispensaries all have the same basic foundation. By state law, pot shops must be collectives or cooperatives of medicinal cannabis patients.

After ill Californians get cannabis recommendations, they have the ability to medicate and cultivate as they see fit. Last year, California Attorney General Jerry Brown published some guidelines on how many plants (six) and how much prepared cannabis (8 oz) independent patients should grow or possess at one point in time, but such guidelines aren't law. Instead, these guidelines are sort of a threshold of acceptability to avoid state legal action. Brown's recommendations are more binding of cooperatives, which he requires to operate within the law.

"California law isn't really specific on any of this stuff," a spokesman from Capitol Wellness Collective said, who requested SacPress to not use his name. "It's still evolving."

If multiple patients pool their resources, they can quickly come into possession of far more cannabis than the guidelines suggest or that they're even capable of using. Remember, this plant grows like a weed. A single indoor plant can grow up to six feet tall, producing up to 10 ounces - so even within guidelines, stockpiles can overflow.

If they feel like making a practice out of it, state law allows them to open a dispensary. Dispensaries often start with several growing patients and occasionally another entrepreneur who may not grow or have a doctor's recommendation for THC medicine.

Aspiring club owners must then make the difficult decision of where to set up shop. Dispensaries have to take on a number of concerns when shopping for property, said American Association for Medical Cannabis State Director Ryan Landers. "They need to be a good distance from other dispensaries to avoid being redundant, and they have to be away from parks or kid-friendly businesses."

AAMC is a nationwide activist group that works with lawmakers and law enforcement to make medical cannabis safer and more available.

Friendly landlords are also a must, as opening a pot shop can be a touchy matter.

"Nobody wants to lose their property for renting to a dispensary, so they usually think twice," Landers said. "It's never happened in Sacramento, though."

Accessibility is another major component of a shop's location. Many cannabis patients have limited mobility, and private transport may be a luxury they physically or financially can't afford. Local dispensaries choose to open near bus or light rail lines. Clubs usually avoid busy metro areas: None are presently open in the heart of the downtown grid. Capitol Alternatives, a club on 16th Street, was raided by DEA agents and local police in April 2006, though no charges were made, according to news reports. The club reopened the next day at another location.

Then there's the question of how the medicine gets to the dispensary in the first place. As mentioned before, most dispensaries are run by cultivating patients, but once demand goes up, for the sake of stable prices, so must supply. Patients outside the dispensary are invited to donate their excess medicine if they have an abundance, which is common. Contributions are given free of charge and serve to keep prices down and to increase the variety of strains available. According to local club owners, there is a wide network of patients making regular donations.

Dispensaries are always nonprofit businesses, as required by state law. This means that all of their profits need to be redistributed back to the community. Employee salaries are included in that interpretation of 'community.' According to a spokesman for Hugs Alternative care, about 25 percent of profits go back to salaries. With the remainder, clubs also give back in other ways.

Every club gives a charitable amount back to patients who donate their excess medicine, usually in the range of $100 an ounce, according to local club owners. Doing some quick math, at $50-60 per eighth-ounce, this adds up to a $300 or more profit margin on each ounce sold.

Some clubs also use their excess earnings for other health services, like massage therapy or group counseling, and a few even offer hobby classes and other services.

"At Capitol Wellness Collective, we have a lot of basic outreach programs," CWC's spokesperson said. "We have a full-time spiritual counselor, condition-specific support groups, a masseuse, cooking classes and peer counseling, all of which are provided free of charge."

Some local clubs also make donations to charities to redistribute their income. Capitol Wellness donates to Loaves and Fishes, the local Shriner chapter and "other people that are just doing great work," according to its spokesperson.

Lastly, dispensaries point out that they usually offer 'compassion plans,' that reduce or eliminate the cost of medicine for disadvantaged patients. Veterans can often get a discount, as can the disabled and patients with MediCal and Medicare.

"Clubs should never present an undue hardship to the people that need medicine most," Landers said. "Medical cannabis saves lives."

Dispensaries are almost always incorporated. They charge sales tax for their wares and pay federal and state taxes, although they aren't federally listed to avoid DEA entanglements. They usually employ between five to 10 full-time employees and pay a "comfortable" salary, according to club owners and employees.

"As profits go up, so do salaries. If we're in a good time, we'll meet up and discuss pay," Clyde Baker from Hugs Alternative Care said.

Patients can volunteer their time to help out at some local dispensaries, and some receive free medicine in return for their time. Alexander Skibo volunteers at Northstar Healing Collective and positively loves doing it.

"This is the most convenient arrangement I've ever had with any medicine," he said. "I haven't been able to drive a car since my injury, so walking in to volunteer is just great. I'm definitely a proponent."

Specifics on the actual cannabis commerce that takes place at dispensaries are tough to get. Questions on profits, salaries and even day-to-day business are usually met with "that's a private matter." Some general facts can be learned, but accounting figures will be checked out by the city government, if even then. Clubs still have two more weeks to register with the city and prove they were open before the moratorium's June 16 requirement. After that point, if clubs fail to register, they'll get hit with a misdemeanor every day they stay open.

"That'll add up really quickly," Landers said. "Most clubs have already registered, but we're still expecting more."

For more information on the legality and aesthetics of local medical cannabis, or the moratorium, refer to these previous SacPress articles.

When pot and paper don't mix

2009-08-05T17:08:22Z

Cloned cannabis plants at Canna Care

Munching on a herbal brownie at El Camino Wellness Center, AAMC state director Ryan Landers explained how tricky and self-conflicting medicinal cannabis laws are.

"In Sacramento County, publicly smoking medicinal cannabis is considered ten 10 times worse than just smoking weed," he said.

Landers has been a medicinal cannabis activist for over 15 years and has worked extensively in drafting legislation and law enforcement plans for the new dimension of legal medicine. He works with patients and patients' rights groups, lobbies and national advocacy groups. If weed was legal expertise, he'd be "the guy on the corner."

Regarding the legal gap between smoking weed or medicinal cannabis, he says, "If they get caught, I tell my patients to just say they were doing it for the hell of it."

Medicinal cannabis laws are confoundingly thorny, unlike the plant in question. A long list of can-do and can't-do legislation adds up to conflict between levels of government and continuing confusion over raids, trials and incarcerations nationwide. It takes real education to sort these loopholes out, so what follows is a primer on the different and often conflicting ways that federal, state, county and city laws regard medicinal cannabis.

Sacramento city's legal haze

Sacramento city government doesn't really have anything to say on the case of medicinal cannabis. The 45-day moratorium is the first time that the existence of cannabis dispensaries has ever been addressed by the city, and progress toward developing zoning code, tax plans and other regulations is going to take a while. At present, the city refers to a copy of the county's policy on medicinal cannabis.

Other California cities have adopted new ordinances pertaining to dispensaries. In Berkeley, dispensaries can't open in certain zoning areas or within 300 feet of a school. In Santa Barbara, dispensaries must apply for a city permit to operate, then pay a continuous fee to stay legit. In Davis, city government banned dispensaries entirely. Last month, Oakland became the first city in the country to introduce a specific tax on medicinal cannabis, levying an $18 tax for every $1,000 of gross sales.

Sacramento County's duplicative statutes

Sacramento County has a few provisions for medicinal cannabis but leaves most of the lawmaking to the state. The Board of Supervisors decided to comply with California's medicinal cannabis plan in December 2008 and instituted a program to provide THC patients with the state's Medical Marijuana ID card.

County code contains one ordinance in addition to state law: an increase in penalty for publicly smoking medicinal cannabis. This was a provision included with the adoption of state law. Smoking cannabis for non-medical purposes ( ie. "getting high") only nets you a possession charge and a $100 fine, but medicinal cannabis is punished much more harshly. If you're smoking your legal medicinal joint strolling through the city, you can get busted for a $1,000 fine and risk six months in jail. This is the discrepancy Landers highlighted earlier.

Literature display at Northstar Healing Collective

California state law: wellspring of legality

State law is the source for all real medicinal cannabis provisions in California. As addressed in previous articles in The Sacramento Press, legalization was brought about by two separate laws: Proposition 215 and State Bill 420.

Prop 215 was added to voter ballots in the 1996 general election and was passed by a 55.6 percent majority. The ballot measure added language to the California Health and Safety Code under the title of the Compassionate Use Act. Language states that criminal law no longer applies to "seriously ill Californians" and their "primary caregivers" for the possession and cultivation of cannabis for medicinal purposes, and that no physician would be subject to punishment for its recommendation.

The CUA also lists ailments that are considered treatable with cannabis such as "cancer, anorexia, AIDS, [and] chronic pain," but the list is by no means binding or complete. It is key to note that medicinal cannabis is not a prescription for a specific illness, but it is a recommendation that can be applied to individuals on a case-by-case basis and does not require a specific condition to even be mentioned, according to Americans for Safe Access.

State Bill 420 is a separate law that did not amend Prop 215. Altering 215 was deemed to be unconstitutional, as doing so would override the intentions of voters. Instead, 420 recognized medicinal cannabis in the state legislature and introduced new provisions for dispensaries and patient ID cards. This was intended to better allow the enforcement of patient protections and allow all qualified patients to have the cannabis option open.

In the language of the bill, patients and caregivers who "collectively or cooperatively" cultivate cannabis for medical purposes cannot be punished on those grounds alone. This also allows dispensaries to exist, but only as not-for-profit enterprises. This is distinct from non-profit in an important way: Non-profit is a federal listing. Dispensaries, of course, aren't interested in asking the Feds for permission.

Medicinal cannabis dispensaries are almost exclusively a California phenomenon. Several other states have a handful of cooperatives, but the vast majority are here in the golden state. This means that federal policy toward dispensaries and federal court cases deal entirely with California.

Under 420, qualified patients can also apply for a medicinal cannabis ID card under the Medical Marijuana Plan. (On the law books, the unscientific term "marijuana" is always used.) By presenting documentation and paying a fee for the Department of Health Services program, patients can receive an ID card that confirms their eligibility for one year. This program is primarily for convenience, but it has its remaining issues.

"Often times, just an ID card isn't enough," Landers said. "Police are the only ones to usually check ID. I carry my card, my application and my doctor's recommendation to stay safe. I don't even reduce them; I leave them as full-size papers."

SB 420 was passed by state legislature in 2003, but had a long history before it hit the law books. It was originally introduced in 2001 as SB 187 and passed both the Assembly and the Senate, but was placed in the suspense file — basically bill purgatory — and not sent to the governor. While in progress, the bill underwent significant rewriting until its language was identical to the later SB 420. The bill's authors and advocates decided to wait until the time was right for the governor to sign it (and the hemp-culture favorite number "420" was available.) Then-governor Gray Davis was lukewarm on the issue in 2001, but after his recall and replacement with Schwarzenegger he was more amenable to the idea. The 420 legislation was one of the last bills Davis signed on his way out the door.

Federal agents raid a San Francisco dispensary.

Federal law: The war on a plant

United States federal government lists cannabis as a Schedule 1 substance under the Controlled Substances Act. This means that cannabis is illegal and given the highest priority for control by the Drug Enforcement Agency under the Department of Justice. The CSA was drafted by the Nixon administration and passed by Congress in 1970 as part of an expansive drug enforcement package, the Comprehensive Drug Abuse Prevention and Control Act.

Since 1970, federal lawmakers have held that cannabis fits three criteria for control: that it has "a high potential for abuse," has "no currently accepted medical use in treatment" and "a lack of accepted safety for use [...] under medical supervision." These three points are extremely controversial, as a quarter of the states in the union have opened the door to medical usage and reform advocates can draw on a growing body of scientific evidence against potential for abuse and in favor of potential for medical benefits.

Almost all cannabis arrests are made at the state or local level, but the federal ban is by no means purely symbolic. The War on Drugs still makes battlefields out of legitimate businesses, as federal agents raid medicinal cannabis dispensaries and supersede state law. According to a report by the Marijuana Policy Project, over 190 dispensaries in California have been raided since 1996. Raids can consist of seizure of property and medicine, often the physical destruction of security equipment and computers, and some have resulted in incarcerations of medicinal cannabis patients, according to the MPP. Not all raided patients end up getting tried.

"A lot of patients aren't ever put on trial," Landers said. "They're held without Fifth Amendment rights and can't be charged with a crime."

When patients find themselves on trial in federal courts, they have few resources at their disposal. In the 1998 case U.S. v. Oakland Cannabis Buyers’ Cooperative, the Supreme Court ruled unanimously that state legality was not a workable defense, overruling a previous federal court decision. A 2005 Ninth Circuit case,U.S.Gonzales v. Raich, ruled against another legal defense: "medical necessity" could no longer stand up in court. These decisions greatly constrict the defense options that patients have; state law and medical recommendations don't protect them from conviction.

"You can't make the case for the medicinal benefits of marijuana in court, but federal prosecutors can talk smack about medicinal cannabis all they want," Landers said. "They can use the same arsenal that you're denied."

Federal courts did agree to one protection regarding medicinal cannabis: the rights of doctors to recommend it. In the 2000 district court decision of Conant v. McCaffrey, doctors became protected from federal punishment for discussing or recommending THC to their patients. This was regarded as a First Amendment right and thus ensured.

"Doctors that prescribe medical cannabis are true patriots," said Brian Davies, co-owner of the local Canna Care dispensary. "They study hard for eight years and then risk their careers and reputations to prescribe people the medicine they need."

Different presidential administrations have different approaches to enforcement when it comes to medicinal cannabis. Under Clinton, civil measures were preferred over raids, and cases were generally sorted out in court. In the Bush years, the War on Drugs was in full swagger and raids became more commonplace. Now, under the Obama administration, the medicinal cannabis policies of the DEA remain in flux.

Obama promised before and after his election that federal raids of state-legal dispensaries and patients would stop, but the DEA's trademark door-busting has yet to cease.

"I'm not going to be using Justice Department resources to try to circumvent state laws on this issue," he told the Oregon Mail Tribune in March, and continued that the "basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that's entirely appropriate."

Yet, at least six dispensaries in California have been raided since Obama took office.

A DEA spokesperson clarified this seeming contradiction: "Obama didn't say that DEA raids would stop . He said that those abiding by state law would be given the lowest enforcement priority." He also alleged that medicinal cannabis activists have unrealistic expectations. "It doesn't mean 'no more DEA raids forever,' that's just what the legalizers want to hear."

The DEA source said that they "don't get to choose the laws they enforce," but acknowledged that "there is a selection process as to which dispensaries get raided." According to the source, the choice is based on complaints or reports of "harm to the community."

Only the most careless dispensaries get raided, according to Landers, so for the most part clubs are only partly worried about federal agents breaking up the show.

"It's always a concern, but we're a legitimate business and we're staying open," said Clyde Baker, owner of Hugs Alternative Care.

The jumble of legal cannabis statutes, and lack thereof, resembles an M.C. Escher sketch. Numerous perspectives all seem to be true at once, but in the end, it's just lines on paper.

Photos by Cheya Cary / Frederic Larsen of Corbis

Editor's Note: The Sacramento Press editorial staff edited this article after it was published due to a formatting error.

Medicinal cannabis clubs face scrutiny

2009-07-15T05:28:39Z

Although the medicinal use of cannabis has been legal in California since 1996, in Sacramento there's a growing concern over the uncertainty that surrounds local cannabis clubs — nonprofit clinics that sell cannabis in various forms to qualifying patients.

On Tuesday night, the Sacramento City Council voted unanimously to adopt a 45-day moratorium on the development of medical cannabis dispensaries in the city. No new dispensaries can be created and existing dispensaries will be unable to physically expand their operation, though they can still take on new clients.

The moratorium is intended to investigate the current status and number of medical cannabis clubs in the city to better inform future regulations, because even city officials acknowledge that they don't know.

Estimates vary on how many clubs operate within the city. Assistant City Manager Gus Vina estimated between 20 and 24, whereas at least 34 can be found online at sites such as Sacramento Cannabis Clubs.

These dispensaries bear various titles that may cause confusion over their actual services and legal standing. Some are wellness collectives, others are healing centers, some offer holistic or alternative medicines and others are labeled as delivery companies. Labeling in this way, many clubs avoid registering themselves as cannabis dispensaries with the city government and exist completely under the legal radar. The city council is uncertain as to how many exist within city limits and how many of those are working within legal statutes.

"That's one of the biggest problems," said Sacramento Special Projects Manager Michelle Heppner. "It's hard to say whether the city should regulate, prohibit or leave the dispensaries alone if we may have a zillion of them out there."

The city council heard testimony from a long list of interested parties before the vote, including medicinal cannabis activists, dispensary owners and patients benefiting from prescriptions. Among the speakers was Rich Guitron, CEO and general manager of R&R Coffee Wellness Collective, who vocally defended medicinal usage of THC.

"It's not just pot anymore," Guitron said. "There are thousands of strains that treat different ailments. It's a cutting-edge industry." He also highlighted discrepancies between drug legality and safety. "Over-the-counter medications kill 20,000 people a year and medical marijuana has never done that."

Currently, medical cannabis dispensaries are in legal limbo, caught between state and federal law.

Medical cannabis has been legal in California since 1996's Compassionate Use Act and further defined by the 2003 Medical Marijuana Act (a.k.a. Senate Bill 420), which allows for non-profit provision of THC herbal medicines. Sufferers of THC-treatable ailments, ranging from AIDS and cancer to depression and anxiety, are protected from arrest for the possession and cultivation of cannabis so long as they possess a doctor's recommendation or a medicinal cannabis ID card.

Yet, federal law still lists cannabis as a Schedule 1 controlled substance. This means that although dispensaries are protected in state law, federal drug enforcers could raid stores, seize assets and prosecute distributors at any time.

In fulfilling an Obama campaign promise, Attorney General Eric Holder said that the Justice Department has ceased federal raids on state-legalized dispensaries. However, Drug Enforcement Administration agents, although overseen by the DoJ, have raided and dismantled at least six California cannabis clinics this year, according to media reports.

Cannabis dispensaries are also illegal according to Sacramento city code, which complicates proceedings. During the moratorium, all cannabis dispensaries are asked to register themselves with city government. Once the dispensaries are registered, city government will not pursue enforcement and will allow them to continue operation, provided they remain within legal limitations on permits, sale volumes and clientele.

West Sacramento passed a similar moratorium on July 8 and other city governments have made similar moves to reexamine the weed community that has sprung up under their feet.

Local artist Rena Davonne provided the last piece of testimony, running to the City Hall after seeing the discussion on TV. "Marijuana saved my sister's life," she said, and detailed how her sister recovered from life-threatening illness with the help of THC. Cannabis didn't work for Rena's chronic pains, but seeing the relief the plant brought her sister made a believer out of her. "I would like to see medicinal marijuana expand, or grow, if you will."

Photos by Cheya Cary / courtesy James Leynse of Corbis