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!