State, Federal Efforts to Clarify Medical Marijuana Policy

On June 8, State Senator Mark Leno (D-San Francisco) introduced a SJR 14, which calls for a comprehensive federal policy to ensure safe and legal access to medical marijuana for patients who benefit from its therapeutic use. “When passed, this resolution will clearly state the Legislature’s opposition to federal interference with California’s medical marijuana law and support for expanded federal reform and medical research,” said Leno. Read more. A similar resolution, SJR 20 (Migden) passed the State Senate in 2008.

The U.S.…

EDDY LEPP RECEIVES 10-YEAR MANDATORY MINIMUM FOR MEDICAL MARIJUANA

SAN FRANCISCO – May 18th. US District Judge Marilyn Patel sentenced Eddy Lepp to ten years mandatory minimum for having grown over 1,000 marijuana plants for a medical marijuana garden in Lake County.

Patel called the sentence “excessive,” but said she had no choice under federal law. In addition, she sentenced Lepp to five years of supervised release with drug testing. She invited Lepp to file for a rehearing in case the law should change.

Lepp called it “very, very sad” that the government showed no compassion, saying”I’ve broken no laws of the state in which I reside.”…

SUPREME COURT AFFIRMS STATES’ RIGHTS TO MEDICAL MARIJUANA

May 18, 2009 – The U.S. Supreme Court has declined to hear case #08-887 San Diego County v. San Diego NORML et al., leaving in place an appeals court ruling holding that California law trumps federal law over medical marijuana.

San Diego filed suit after San Diego NORML threatened to sue the county for failing to implement the state ID card program mandated under SB 420. In return, the county sued the state and San Diego NORML. The ACLU, Americans for Safe Access and the Drug Policy Alliance joined as patient intervenors against the county in 2006.…

Bakersfield Medical Marijuana Coop Raided

May 7 – Kern County deputies accompanied by two DEA agents served a search warrant yesterday at the Green Cross Compassionate Co-Op Bakersfield. Deputies said they found two pounds of “high grade” marijuana and two loaded handguns. Three men, Albert Juarez, 40; Adam Romero Valenzuela, 27; and Brandon Neal Luck, 24 were arrested and charged with selling and possessing marijuana as well as conspiracy. The raid came two days after Bakersfield ABC affiliate KERO visited the club, interviewing a patient who said, “I had to go to L.A.
…

Schwarzenegger Open to Debate on Legalization

May 5 – Asked today about a recent Field Poll showing that 56 percent of registered voters support legalizing and taxing marijuana in California, Gov. Arnold Schwarzenegger said “Well, I think it’s not time for that, but I think it’s time for a debate.”

“I think all of those ideas of creating extra revenues, I’m always for an open debate on it,” Schwarzenegger said at a press event in Davis. “I think we ought to study very carefully what other countries are doing that have legalized marijuana and other drugs, what effect did it have on those countries…It could very well be that everyone is happy with that decision and then we can look at that.”…

10-Year Medical Marijuana Sentence Upheld

May 3, 2009 – In an unpublished opinion, a three-judge panel of the Ninth Circuit Court of Appeals reaffirmed the 10-year mandatory minimum sentence of Bryan Epis on charges of conspiracy to manufacture marijuana. Epis’ attorney, Brenda Grantland, says she will appeal for an en banc rehearing of the ruling by the full Ninth Circuit.

Epis was the first California medical marijuana patient to be prosecuted on federal charges. He was arrested in 1997, shortly after the passage of Prop. 215, while growing for a Chico patients’ group.…

CA Field Poll: 56% Support Legalizing Marijuana

April 30, 2009 – A new poll by Mervin Field, the state’s premier political pollster, finds that 56% of Californians support legalizing marijuana. This confirms the findings of the recent Evans-McDonough poll sponsored by Oaksterdam University and the Zogby poll by NORML et al.

Public opinion has swung to legalization here in California.

– Dale Gieringer, Cal NORML

Read more.

Full poll results.…

DOJ to Charles Lynch: Business as Usual

The US Dept of Justice has made a mockery of AG Eric Holder’s policy of supposedly respecting state medical marijuana laws in the case of Charles C. Lynch, whose sentencing has been delayed until June 11.

“The Office of the Deputy Attorney General has reviewed the facts of this case and determined
that the investigation, prosecution, and conviction of defendant are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions.…

SF DEA RAID RAISES DOUBTS ABOUT OBAMA POLICY ON MEDICAL MARIJUANA

March 26, 2009 – Yesterday’s DEA raid on a San Francisco medical cannabis club is a wake-up slap to everyone who was hoping for the best from Attorney General Holder’s promise to end DEA raids.

Not surprisingly, DEA agents are claiming that the club in question, Emmalyn’s, was in violation of state law. However, Emmalyn’s is licensed by the city of San Francisco and was offered no due process in state courts. According to a report in the SF Chronicle, the DEA alleges that Emmalyn’s was not paying its full state sales taxes.…

AB390 Hearings Set for 2010 Session

March 23, 2009 – Hearings for the landmark legalization bill AB 390 by Tom Ammiano have been set for the next session of the California Assembly (Dec – Jan) so as to provide time for building support.

Thanks to the over 4,000 Californians who have already sent emails to their legislators about the bill through the Cal NORML website.

Stay tuned to CaNORML.org for the latest information about legalizing adult use of marijuana in California. If you are not yet a member, join today!…

Rep. Loretta Sanchez on Legalizing Marijuana in California

Speaking live on CNN, Rep. Loretta Sanchez (D-47) cited the west coast’s majority support for regulating cannabis like alcohol – as acknowledged by NORML’s recent Zogby poll – and called for a statewide “pilot program” to objectively assess the impact of cannabis legalization upon adult society.

“Well, certainly, I have seen in my own state of California, people over and over voting in a big majority [on] the whole issue of marijuana, and possession of that,” Sanchez said. “So maybe it would be a good pilot program to see how that regulation of marijuana might happen in California since the … majority of Californians believe maybe that should happen.”…

Attorney General Holder Says Medical Marijuana Raids Will End

February 25, 2009 – Speaking at a press conference with DEA administrator Michelle Leonhart, Attorney General Eric Holder declared that ending medical marijuana raids “is now American policy.”


A reporter asked, “shortly after the inauguration there were raids on California medical marijuana dispensaries…do you expect these to continue?”, noting that the President had promised to end the raids in the campaign.

Holder responded, “What the President said during the campaign…is consistent with what we
will be doing here in law enforcement.…

Ammiano Bill to Tax and Regulate Marijuana Would Raise Over $1 Billion for State

Contact: Dale Gieringer, Director, Cal NORML (415) 563-5858
WRITE TO YOUR REPRESENTATIVES IN SUPPORT OF AB390

San Francisco, February 23, 2009 – At a press conference today, Assemblyman Tom Ammiano (D-SF) announced the introduction of AB390, The Marijuana Control, Regulation and Education Act, a landmark bill to tax and regulate marijuana like alcohol and tobacco.

The bill would save the state’s taxpayers over $1 billion, according to an economic analysis by California NORML, with additional economic benefits of $12 –18 billion.…

New Poll Finds Growing Support for Legalization

February 19, 2009 –

A growing number of Americans, and a majority in the West, support legalizing marijuana, according to a January 29-31 poll of 1,053 likely voters by Zogby International, sponsored by California NORML and Oaksterdam University.

When asked: “Should marijuana be taxed and legally regulated like alcohol and cigarettes to help raise money for public services and to reduce law enforcement costs?”, voters responded: 44% Yes, 52% No, and 4% Undecided.

Surprisingly high support was reported in the West, where voters favored legalization 58% – 36%.…

Kelloggs Drops Michael Phelps for Smoking Pot

Download the Phelps Yes We Cannabis flyer

Pot advocates unite! Tell Kellogg Company and USA Swimming that you’re disgusted by their spurning of Michael Phelps. Phelps wasn’t flaunting pot in public. His privacy was wrongly invaded. No one tried to sanction him when he was busted for drunken driving. Tell Kellogg and USA Swim that anti-pot bigotry is unacceptable to the millions of Americans who value the right to use marijuana. We can thank Hilton Hotels, Omega watches, Speedo swimsuits, and VISA for keeping Phelps as an endorser.…

Three Appellate Court Rulings on Medical Marijuana: San Diego, Windus and Phomphakdy

AUGUST 8, 2008 – Last week saw three significant California Appellate Court rulings on medical marijuana, most of them favorable to medical marijuana patients, but one with cautionary implications for “primary caregivers.”

(1) SAN DIEGO CHALLENGE TO PROP 215 & SB 420 ID CARDS REJECTED
In the first, Counties of San Diego & San Bernardino v San Diego NORML & Wendy Christakes, the 4th appellate district court upheld the validity of the SB 420 medical marijuana ID card program and discounted claims that state enforcement of Prop 215 violated federal law.…

Court Strikes Down SB420 Limits

Los Angeles, May 22, 2008: The Second District of California Court of Appeals ruled that the state limits on medical marijuana possession and cultivation established under state law SB 420 are unconstitutional.

In the case People v. Patrick Kelly, the court overturned defendant’s conviction for possessing 12 ounces of dried marijuana plants on the grounds that the prosecutor had improperly argued that the defendant was guilty because he possessed more than the 8-ounce limit established in Health & Safety Code Sec.…

“Southern Sweep” Hits Northern California

On June 24, 2008 while fires raged in California, 450 law enforcement officers from the California Bureau of Narcotics Enforcement (BNE), plus FBI, IRS, US Postal Service and others descended on Humboldt and Mendocino counties for “Operation Southern Sweep.” Callers to local radio stations reported huge convoys of unmarked vehicles — as many as 200 — with the bulk of them heading towards Shelter Cove at the coast, not far from where a fire line was breached and firefighters were visiting local residents to warn them of possible evacuations.…

CA Supreme Court Rules Employers Can Discriminate Against Workers Using Medical Marijuana

Jan 24th, 2008. The California Supreme Court ruled 5-2 that employers can drug test and fire workers for using medical marijuana. The court dismissed a lawsuit brought by Gary Ross under the state’s Fair Employment and Housing Act (FEHA) arguing that he had been wrongfully denied employment by RagingWire Telecommunications on account of testing positive for past use of marijuana on a urine test.

The court took a narrow interpretation of Prop. 215, ruling that it did not create a general right to use medical marijuana, but only protected patients from criminal sanction for possession or cultivation of marijuana.…