Medical marijuana just might come to Elsinore

It was fascinating to attend the town hall meeting last Monday put on by We the People of Elsinore, a group trying to get the city council, which is inclined to ban medical marijuana facilities, to change its mind or put the issue on the ballot and let the people decide. All the panelists, including my old friends Judge Jim Gray and Ed Rosenthal, but also including a Dr. Fichter and the lady in charge of the medmar ID card program for Riverside County, were quite good. A lot of information was dispensed, a lot of questions were asked and answered, and I got to meet Wayne Williams, a local businessman who put the program together. I hadn't seen Ed Rosenthal for several years and we made plans to get togethernext time he's in Southern California.

Of course it's possible that the issue will become moot if California approves the tax-and-regulate-on-the-alcohol model initiative that officially now will be on the ballot in November. But it is encouraging to see medical marijuana advocates (much of the audience of 150, which filled the cultural center to overflowing seemed to be patients, but not all) and other citizens getting together to take action in the light of recalcitrance from City Hall. Of course none of the citi council members showed up.

Another Obama promise broken

During the campaign and after being inaugurated, Obama said and AG Eric Holder affirmed that policy going forward would be for the Drug Enforcement Administration not to raid medical marijuana distribution or patient cooperatives (I've talked to a lawyer who objects to using the word "dispensaries" since it's the term the drug warriors prefer and it isn't a legally-defined entity) in states that had medical marijuana laws. There were a couple of raids in Calif. shortly after the statement, but you could perhaps attirbute that to Bush holdovers.

The raids today, however, are a clear reversal of that promise. Now Eric Holder did fudge the promise a bit by talking about maybe going after entities that were violating styate law -- but if that's the case there's no reason not to let the state handle it. The West LA raids conducted today were a multi-agency, feds-state-local operation. I presume we'll get some charges filed, but in a surprising number of these cases no charges are ever filed; it's pure harassment and an effort to nullify the law the voters passed and continue to approve.

Medical marijuana update

In New Hampshire a medical marijuana bill has passed and is waiting for a signature from Gov. Lynch. The pressure not to sign apparently still comes from law enforcement, as this editorial in favor of the governor signing points out. I try to give people credit for actually believing what they say and not i9ntentionally lying, but this Portsmouth police chief is peddling pure claptrap. I hope he follows the evidence in a criminal case better than he did here. Too bad the editorialist was apparently not familiar with the report from the National Institute of Medicine, which said there was simply no scientific evidence for the "gateway theory" of people starting with marijuana and going on to "harder" drugs because of biochemistry or composition of drugs -- but that the theory that using marijuana sometimes leads to harder drugs because it is illegal and using it brings one in contact with a criminal subculture in which other drugs are available and pushed has some validity.

In Montrose CO, a patient living in Section 8 subsidized housing was tossed out for using marijuana, and he plans to sue. I suspect this suit will not be successful because Section 8 is a federal program and federal law is still complete prohibition, despite logic and common sense. Need to get my book written more quickly.

In Michigan, which passed a medical marijuana law last November, the program is experiencing some growing pains. More than 2,500 patient ID cards have been issued. but there's no safe, reliable source for legal medicinal-quality marijuana. In addition, some cops claim to be confused (oh how confused they can be when they're foot-dragging) about whether a patient with a doctor's recommendation byt no state ID card is in violation of the law. Obviously some cops would rather bust patients still than implement the new law. With good will such kinks can be worked out, but if California is any example, some people with the power to arrest are not overly endowed with good will.

Meanwhile in California, proprietors of dispensaries in Oakland are offering to increase the amount of taxes they pay during the state's fiscal crisis. It will hardly close the $25-billion-plus state budget gap, but it might help. Of course in South Lake Tahoe city attorneys are threatening to close three dispensaries that have opened in the past year. Do these officials have a death wish? Every level of government is facing budget problems, and these guys want to close down a source of revenue? And they believe they're the ones with right on their side. We still have a lot of work to do.

Medical marijuana growers can sue cops

A state appeals court in Sacramento has ruled, in what is called a "landmark" decision, that David Williams of Paradise, CA, can sue a county sheriff's deputy for money damages for ordering him, in 2005, to uproot all but 12 of the marijuana plants he was growing for a seven-patient collective. It turns out that he was authorized by California law to grow as many as 41 plants for seven patients, and that the order to uproot them was unlawful. The court also found that a Butte County policy requiring all members of a patient collective to participate in actual cultivation rather than contributing money to the operation was unlawful.

I wouldn't be surprised if this decision was appealed, although Butte County officials might look at the money San Diego County and the city of Garden Grove wasted trying to validate their desire to have more restrictive approaches to medical marijuana than is authorized by state law. If this decision is upheld, it could be something of a landmark. One can imagine patients (or that invaluable organization, Americans for Safe Access, taking up the legal cudgels, as it did in this case) suing to overturn "temporary" moratoria on medical marijuana dispensaries or cooperatives, or for failure to pass a responsible authorizing ordinance. It would be nice to see some DEA agents sued and held personally responsible for the damage they have done to patients, but since federal law is still full-on prohibition, one might not be able to make a case. But various local law enforcement and city officials may have been put on notice here that it's time to implement the medical marijuana voters passed way back in 1996 rather than trying to limit or thwart it.

Medical marijuana news: mostly heartening

The worst news is that Charlie Lynch is scheduled (again) to be sentenced in federal court for running a medical marijuana dispensary that was perfectly legal under state law, possibly the last martyr to a federal policy the Obama administration claims to be abandoning. It's unclear whether the DOJ gave the judge in the case the clarification he requested. Other bad news. The LA City Council closed a "loophole" (which it created) in its previous law creating a moratorium on new medical marijuana dispensaries, after which the number more than doubled. An example of government getting the opposite of its ostensible design when it passes a law.

Good news. San Francisco state Sen. Mark Leno, who's been pretty good on marijuana issues, introduced a resolution asking the federal government formally to end marijuana dispensary raids. Eric Holder has said there won't be more, but he hasn't issued a formal guideline yet. And in Michigan, the owner of a hydroponics store who is offering free instruction in medical marijuana growing says with the demise of the auto industry Michigan needs a new identity and medical marijuana would be a good choice. It would sure beat those lame commercials the state runs now with that washed-up actor (is it Jeff Daniels?) lying about what a friendly business environment Michigan has.

Medical marijuana: Two steps forward . . .

One step back. Or so. I still think we are close to a tipping-point on legal marijuana, although it's likely to take years for the implications to be worked out and the modalities agreed upon. It's not surprising in such a time of flux that there would be progress and setbacks. A setback occurred this week in Iowa, where the state pharmacy board, which had been ordered by a judge to consider permitting medicinal marijuana, dispatched of the idea with scorn and ignorance in a couple of hours. Well, what did you expect. A state pharmacy board represents the interests of pharmacists and at least by indirect extension the pharmaceutical-industrial complex. Medicinal marijuana is not only a threat to that whole shady industry but represents a paradigm the people steeped in pharmacology -- which views only single-molecule doses of standardized doses as "real" medicine and herbal medicine as primitive and maybe barbaric -- can't get their minds around. Of course a pharmacy board would dismiss "the very idea" with contempt.

The court action had asked Iowa to legalize medicinal marijuana because 13 other states had done so. One board member even recalled the old chestnut everybody claims to remember about their teenage years, claiming she asked her father as a teenager about staying out late because all the other kids were allowed to and being asked, "If your friends jumped off a bridge would that mean you had to jump off a bridge?" I'll leave it to you to suss out the kind of mind that would come up with such an inapt analogy, starting with the idea that these bureaucrats view free American adults as adolescents who can be allowed to do only what our in loco parentis types (loco parents?) -- them -- allow us to do.

But the news wasn't all negative. A proposal to legalize medical marijuana squeaked through the Illinois state senate; it gos to the House next. The state senate in New Jersey has passed a medical marijuana bill and it goes before an Assembly committee Thursday, after which presumably the full Assembly can vote on it. It may seem slow but progress is being made.

Moving toward legalization

I haven't made as much progress yet on my marijuana legalization book as I had hoped (maybe I should do that instead of blogging, but sometimes I can't help myself). Nonetheless, I still feel we're seeing incremental progress that I expect to snowball. As this Register editorial notes, the Supreme Court Monday declined to hear San Diego County's attempt to have California's law nullified on the judicial-supremacy theory that federal law (total prohibition) trumps state law. No dice. Live with it.

A lot of news stories have used that word "trump" when discussing the differences between federal law and the laws of the 13 states that permit medical use of marijuana, but it's inaccurate. The feds will sometimes "occupy" an issue and trump state laws in the area. but it hasn't happened in this case and the feds don't claim it. I was in the Supreme Court press gallery when the Oakland Cannabis Coop case was argued, and Justice Ginsberg specifically asked the government lawyer if the feds were claiming federal supremacy. She said no, that this was simply one of the many instances under federalism when state law and federal law are different. The Supreme decision makes it clear. Local law enforcement's job is to enforce state law, not federal law, so that excuse is simply gone now.

The editorial also notes that the new "drug czar" (gad, what an offensive term in either a republic or a democracy), Gil Kerlikowske, has decided to abandon the term "war on drugs." Nice symbolic gesture, but only warlike actions can try to enforce prohibition. Time to change the laws.

New Hampshire voting on medical marijuana

The New Hampshire legislature was scheduled to vote today on medical marijuana as well as several other bills considered controversial or unusual.. Finally found word (should have gone to MPP first!) that it passed the New Hampshire Senate today, and a similar bill passed the Minnesota Senate. In addition, Rhode Island the Senate passed a bill to establis "compassion cnters." A big day for the movement.

Drug law reform in the air

The pace of drug law reform is beginning to be almost breathtaking. New York legislators, after years of effort and a number of false starts, have voted to repeal the worst aspects of the notorious "Rockefeller" drug laws passed in the 1970s, which featured some of the harshest mandatory minimum sentences for mere possession of small amounts of drugs. Alternative sentencing, to treatment instead of prison, will be increased. Some details remain to be worked out, but this is big news.

Meanwhile, in Minnesota a medical marijuana bill cleared the House Public Safety Committee and appears to be on its way toward legislative approval. Former Seattle police chief Norm Stamper has been doing yeoman work supporting it. In Maine, which has had a medical marijuana law on the books, there's a move to create state-licensed stores.

In Maryand a state legislator is pushing a bill to require the creation of a state task force to study medical marijuana. In New Hampshire, where legislatoirs have tried and failed to pass a medical marijuana bill several times recently, another effort is underway and supporters think it has a better chance this time. In New Jersey a medical marijuana bill has bassed the state senate but faces an uncertain fate in the assembly, though Gov. Jon Corzine says he would sign it. Michigan's medical marijuana law officially goes into effect April 4.

And so it goes.

Charles Lynch in limbo

It's almost exhausting but certainly pleasing to have more developments in the drug law reform area going on than I can keep up with. It will be fascinating to see how Charles Lynch's case turns out. He's the Morro Bay CA medical marijuana dispensary operator who was scheduled to be sentenced Monday after being convicted on five counts that could carry a sentence up to 100 years -- but the judge postponed sentencing and requested written clarification of the new policy announced by AG Eric Holder to the effect that the feds will stop going after patients and providers in states with medical marijuana laws. This will force the Justice Dept. to put some flesh on those bones. Some of the best coverage of the case has been done by Reason.TV, especially this short documentary featuring Drew Carey, and this, this and this. Register editorial will run tomorrow.

Dispensary raids likely to end

Attorney Gen. Eric Holder has announced that the feds will quit raiding dispensaries and medical grows in states with medical marijuana laws. Naturally, the Register noted that he hedged it just a bit, and called for taking marijuana off Schedule I so doctors can prescribe it countrywide -- a step or two ahead of just about everybody else, of course. If I had my druthers, marijuana would have the same legal status as, say, parsley, but I wouldn't be too displeased if they decided to regulate it similarly to alcohol, which of course is much riskier, as Tom Ammiano has suggested in California. But I'll take what we can get. I still think Holder might have an inner drug warrior, so it's worth keeping an eye on him.

I note that Cato emphasized that this decision respects federalism. That's an aspect many still misunderstand. One news story said federal law "supersedes" state law, which just isn't so. I was at the Supreme Court when they argued the Oakland case, and Justice Ginsburg asked the government attorney why the doctrine of federal supremacy was not being invoked. She replied that this was simply one of many cases where state laws and federal laws are different, and law enforcement at each level is bound to enforce the laws of the jurisdictions to which they are sworn. (I would contend that if they took the oath to the constitution federal agents wouldn't enforce federal laws, which are unconstitutional, but I wouldn't depend on any current court -- well, maybe certain panels on the 9th Circuit -- to go along with me on that.)

One more argument for medical marijuana

I don't think anybody else has noticed a possible side effect of the Supreme Court decision last week in Wyeth v. Levine. The issue involved an anti-nauseant drug that had genuinely nasty side effects when injected intravenously, and carried half a dozen warnings approved by the FDA to that effect. Unfortunately, a medical assistant was careless and injected Diana Levine in the arm with the drug. She developed gangrene and lost the arm. She not only sued the assistant but the drug manufacturer, which thought that including all the warnings in capital letters, duly approved by the FDA, protected it from liability. The Supreme Court -- differently than in a case last year involving medical devices, ruled 6-3 that it didn't.

Regardless of what one thinks of the outcome of this case, notice that the drug with the potnetially horrendous side effects was an anti-nauseant. It happenes that cancer patients and oncologists have discovered that cannabis has anti-nauseant qualities when used by patients undergoing chemotherapy, which often leads to patients throwing up uncontrollably (and miserably) for hours and even for days. Yet it has virtually no unpleasant side effects, and certainly none remotely approaching causing gangrene if improperly ingested. It should be removed from Schedule I immediately so doctors can at least prescribe it as an alternative to genuinely dangerous anti-nauseants.

DEA still persecuting patients

As I and many others have pointed out, when he was a candidate Barack Obama repeatedly promised that he would respect federalism and order the DEA not to conduct raids on patients and providers in states that have authorized the medical use of marijuana. Since his inauguration, however, at least a half-down raids have been conducted -- a dispensary in Lake Tahoe, a couple of medical grows in Colorado, and just last week four dispensaries in Los Angeles and environs. These are obviously Bushies who are still running the place, and they have conducted their raids in an unusually in-your-face fashion -- the day after the inauguration and then the day Eric Holder was sworn in as attorney general.

To be sure, administration spokespeople say they'll get around to doing the right thing. The Register today editorialized to the effect that Eric Holder has full authority to end the raids tomorrow and fire the people responsible for them, notably acting administrator Michele Leonhart. The DEA is also on the verge of denying a UMass researcher as a final decision the authority to grow his own research-grade marijuana, continuing its course of throwing roadblocks in front of scientific research at every opportunity. Not surprising, I guess, since the DEA attitude is rooted in ignorance of recent research and contempt for scientific endeavor in general.