Monday, October 19, 2009

AS YOU SOW, SO SHALL YOU REAP

The following states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

In California, the law legalizing marijuana for medical purposes has turned into a scandalous perversion of the law’s intent. Every Tom, Dick, Harry, Mary and Jane seems to be suffering from some kind of affliction that enables them to obtain a marijuana prescription. As you sow, so shall you reap! Pot dispensaries have sprung up like weeds and there are now a bunch of “medical” marijuana clubs operating openly. Hundreds of pot "pharmacists" have become multi-millionaires.

It seems as though the authorities in Los Angeles are not quite as tolerant as their brethren up north in the San Francisco Bay area. The L.A. cops appear ready to crack down on cannabis clubs and dispensaries. Lots of luck!

I suspect that some of the other medical marijuana states may be experiencing problems similar to those in California. Federal law prohibits the use and possession of pot. But not to worry. Just today, Obama’s liberal Justice Department issued a new policy to federal prosecutors, the DEA and the FBI, ordering them not to enforce those federal laws in the states where pot users are in compliance with state law. Oh goodie goodie!

Here is part of The New York Times report on the situation in Los Angeles:

LOS ANGELES PREPARES FOR CLASH OVER MARIJUANA
By Solomon Moore

The New York Times
October 17, 2009

LOS ANGELES — There are more marijuana stores here than public schools. Signs emblazoned with cannabis plants or green crosses sit next to dry cleaners, gas stations and restaurants.

The dispensaries range from Hollywood-day-spa fabulous to shoddy-looking storefronts with hand-painted billboards. Absolute Herbal Pain Solutions, Grateful Meds, Farmacopeia Organica.

Cannabis advocates claim that more than 800 dispensaries have sprouted here since 2002; some law enforcement officials say it is closer to 1,000. Whatever the real number, everyone agrees it is too high.

And so this, too, is taken for granted: Crackdowns on cannabis clubs will soon come in this city, which has more dispensaries than any other.

For the first time, law enforcement officials in Los Angeles have vowed to prosecute medical marijuana dispensaries that turn a profit, with police officials saying they expect to conduct raids. Their efforts are widely seen as a campaign to sway the City Council into adopting strict regulations after two years of debate.

It appears to be working. Carmen A. Trutanich, the newly elected city attorney, recently persuaded the Council to put aside a proposed ordinance negotiated with medical marijuana supporters for one drafted by his office. The new proposal calls for dispensaries to have renewable permits, submit to criminal record checks, register the names of members with the police and operate on a nonprofit basis. If enacted, it is likely to result in the closing of hundreds of marijuana dispensaries.

Mr. Trutanich argued that state law permits the exchange of marijuana between growers and patients on a nonprofit and noncash basis only. Marijuana advocates say that interpretation would regulate dispensaries out of existence and thwart the will of voters who approved medical cannabis in 1996.

Whatever happens here will be closely watched by law enforcement officials and marijuana advocates across the country who are threading their way through federal laws that still treat marijuana as an illegal drug and state laws that are increasingly allowing medicinal use. Thirteen states have laws supporting medical marijuana, and others are considering new legislation.

No state has gone further than California, often described by drug enforcement agents as a “source nation” because of the vast quantities of marijuana grown here. And no city in the state has gone further than Los Angeles. This has alarmed local officials, who say that dispensary owners here took unfair advantage of vague state laws intended to create exceptions to marijuana prohibitions for a limited number of ill people.

“About 100 percent of dispensaries in Los Angeles County and the city are operating illegally,” said Steve Cooley, the Los Angeles County district attorney, who is up for re-election next year. “The time is right to deal with this problem.”

Mr. Cooley, speaking last week at a training luncheon for regional narcotics officers titled “The Eradication of Medical Marijuana Dispensaries in the City of Los Angeles and Los Angeles County,” said that state law did not allow dispensaries to be for-profit enterprises.

Mr. Trutanich, the city attorney, went further, saying dispensaries were prohibited from accepting cash even to reimburse growers for labor and supplies. He said that a recent California Supreme Court decision, People v. Mentch, banned all over-the-counter sales of marijuana; other officials and marijuana advocates disagree.

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