cannabisnews.com: New Marijuana Laws Spur New Questions





New Marijuana Laws Spur New Questions
Posted by CN Staff on February 05, 2004 at 08:12:52 PT
By Laura Counts, Staff Writer
Source: Tri-Valley Herald 
Oakland -- Leaders of the medical marijuana movement put the best spin they could Wednesday on sweeping new city regulations that will close down all but four cannabis clubs, significantly decrease the amount of the drug patients or vendors may possess, and ban all pot consumption at the clubs. The city should regulate the clubs to ensure they operate responsibly and weed out the bad operators, marijuana advocates said, even if the rules are far stricter than what they would have liked. The new rules also left some questions unanswered, advocates said. 
"The phones are ringing off the hook today, with people from all over the state, who are mostly happy about it, " said Jeff Jones, executive director of the Oakland Cannabis Buyers' Cooperative. That was in contrast to Tuesday's rancorous council meeting, where 50 marijuana advocates mostly blasted the new rules. Most said the guidelines are a step backward for Oakland, which has been one of the most progressive cities in the country on the issue. All the stars of the movement were in attendance. Attorney Robert Raich, who recently won a legal victory when a court ruled federal law does not prevent his wife from personal use and cultivation of medical marijuana, said the regulations were "riddled with problems." "It's cruel for patients to not get medicine when they need it," he said, referring to the ban on smoking and consumption on site.Ed Rosenthal, whose recent conviction on federal pot growing charges led the jurors to apologize when they found out it was for medical use, got a rock star's reception from the crowd. "You're just jealous that marijuana is more popular than you have ever been," he shouted at council members. "You're jealous that more people want to see marijuana up there than want to see you up there." A Field Poll last week found that 74 percent of the sampling of 500 registered voters support Proposition 215 -- the medical marijuana initiate -- up from 56 percent when it passed in 1996. But Rosenthal claimed support in Oakland is much higher. Angel McClary Raich popped a morsel of pot brownie in her mouth as she stood at the podium. "This is the first time I have been before you and been extremely, outrageously p..... off," she said, before inviting all patients in the audience to smoke in front of City Hall after the meeting. She said she was especially upset about the reduction in the plant limit from 32 square feet, or a maximum of 72 small indoor plants, to a limit of 12 immature and 6 mature or flowering plants. That change was added at the last minute, surprising activists. The possession limit was the consequence of rules initially intended to regulate dispensaries, which have flourished in Oakland, especially in an area north of City Hall that some call "Oaksterdam." City Council President Ignacio De La Fuente (San Antonio-Fruitvale) and Councilmember Jean Quan (Montclair-Laurel), who wrote the new ordinance, said they want to bring the city's possession limits in line with new state guidelines. Marijuana advocates brought a letter from state Sen. John Vasconcellos, author of SB 420 -- which established thresholds of 12 immature and 6 six mature plants. It stated those were lower limits and cities could adopt their own. Quan then amended the ordinance to allow the 18 plants total. Berkeley has an even lower limit of 10 plants. Although several council members expressed serious reservations about different aspects of the plan, they voted for it 7-0, with Councilmember Desley Brooks (Eastmont-Seminary) abstaining. "I haven't seen the number of plants be a problem. Why are we changing a regulation that we already have in place that hasn't been a problem?," said Councilmember Nancy Nadel (Downtown-West Oakland), who has been working with the clubs. Nadel said she had also wanted a higher number of clubs. Berkeley has four clubs that operate under a self-regulating system, and Hayward has approved three. De La Fuente said the four-club limit was based on information from the Oakland Cannabis Buyers Club that there are 3,000 registered patients in Oakland. But Jones said Wednesday his group has about 10,000 active members from the wider Bay Area, many from cities that have no cannabis clubs. The director of one club said he has a membership of at least 6,000, so the numbers may be even higher. The council agreed to review the number of clubs six months after the ordinance takes effect, in June. It will also review the issue of smoking and other consumption on site, which several council members said they might allow if proper ventilation is put in place. Until then, the dozen or so cannabis outlets now operating in town will have until March 31 to apply for new business permits. Most now have permits, but applied as cafes or health clinics. The city manager will select the four clubs by May 17. They will have to pay fees that range from up to $5,000 for small clubs to up to $20,000 for those serving 1,500 or more patients. Sparky Rose, executive director of one of the largest and most established clubs, said he can live with the regulations, though he wonders how the process of deciding who will stay open will work. The details are vague, he said. "We are very pro-regulation, although some of the information that they used wasn't accurate," Rose said. "We don't understand the process how they are going to choose." He said he also hopes the council will reconsider the issue of on-site consumption, since at his club -- like others -- patients have access to bongs at tables and on a roof patio after filling their prescriptions. Some people also expressed concern the four recognized businesses would be easier targets for the Drug Enforcement Administration, which considers pot clubs to be operating illegally and subject to raids at any time. De La Fuente said the new law can be further refined after it takes effect. Note: Oakland to drastically cut back its number.Source: Tri-Valley Herald (CA)Author: Laura Counts, Staff WriterPublished: Thursday, February 05, 2004 Copyright: 2004 MediaNews Group, Inc.Website: http://www.trivalleyherald.com/Contact: apacciorini angnewspapers.comRelated Articles & Web Sites:OCBChttp://www.rxcbc.org/Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmEd Rosenthal's Pictures & Newshttp://freedomtoexhale.com/trialpics.htmPot Clubs Worry City May Impose Regulations http://cannabisnews.com/news/thread18291.shtmlCouncil Looks To Trim Number of Pot Clubshttp://cannabisnews.com/news/thread18215.shtml
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Comment #6 posted by FoM on February 06, 2004 at 15:36:50 PT
News Brief from NapaNews.com
 Oakland Issues Business Licenses To Four Medical Marijuana VendorsFriday, February 6, 2004OAKLAND -- Oakland will issue business licenses to four nonprofit medical marijuana vendors and force eight others to close or face possible prosecution.The new limits adopted by the City Council on Tuesday will break up the cluster of downtown marijuana clubs -- collectively known as "Oaksterdam" -- by forcing them to operate at least 1,000 feet apart.Effective June 1, Oakland medical marijuana clubs operating under state Proposition 215, approved by voters in 1996, must apply for business licenses. The city will select four vendors from among the applicants.Cannabis patients will be forbidden to smoke pot or consume marijuana brownies or cookies in clubs where they buy it. The new rules also limit each patient to owning 8 ounces of dry marijuana, six mature plants and a dozen immature plants.The city will review the legislation and could make changes after six months.Some people believe four clubs is not enough for the city's 3,000 medical users."I'm pro-regulation and I'm pro-registration, but the details of this regulation are going to create problems," said Jeff Jones, executive director of the Oakland Cannabis Buyers Cooperative and one of 100 people who spoke out against the proposal. "The regulations will hurt patients." 
 http://www.napanews.com/templates/index.cfm?template=story_full&id=F6BEDC73-2EA7-4AC7-9B65-BD4013477F71
 
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Comment #5 posted by FoM on February 05, 2004 at 21:23:51 PT
afterburner
Oh do those articles bring back memories. Where in the world are we now? I just posted a little news article about the new compassion center that opened in California and it said the police weren't going to bother them. They have a Meth problem and that's what they will focus on. Your decrim bill they are trying to bring back sounds terrible and heaven knows what's up with The Flin Flon Pot. What about the big raid up north? Questions all the time.
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Comment #4 posted by afterburner on February 05, 2004 at 21:11:32 PT:
Prohibition Is Trickling Down...
from the Federal to the State to the Local. However, we are gradually getting regulation and taxation. Meanwhile, in United Kingdom:Cannabis is down-scheduled, but the government is running a campaign to discourage use and reserves the right to arrest by changing schedule c regulations.Meanwhile, in Canada:Flashback: October 07, 2003 Ont. Court Fixes Ottawa's Medicinal Pot Program http://www.cannabisnews.com/news/17/thread17488.shtml"Ontario Court of Appeal has struck down provisions of the federal government's medicinal marijuana program, reinstating in the process the prohibition against possession of small amounts of pot. "The decision released Tuesday struck down what it called unconstitutional provisions of the federal Marijuana Medical Access Regulations that govern the growth and distribution of the drug for medicinal purposes. "Those provisions restricted licensed growers of medical marijuana from receiving compensation for their product, from growing the drug for more than one qualified patient and from pooling resources with other licensed producers." On a lighter note:Ottawa Won't Prosecute Medical Marijuana Activists http://www.cannabisnews.com/news/18/thread18238.shtmlHealth Canada has restricted the number of licensed medical cannabis patients to about 650 and the number of growers to even less. Only 650 people in a population of 31,714,637 (October 2003 estimate)! What kind of "healthcare" is that?Governments want to enshrine conventional or traditional (allopathic) medicine with its radical cures as the only medicine available. Medical Freedom Amendment for 2004: we demand freedom of medical access: integrative medicine which combines conventional medicine with alternative medicine. Cannabis is food. Cannabis is medicine. We consume it to stay well. We consume it to get well.
Integrative Medicine: Alternative & Conventional
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Comment #3 posted by Virgil on February 05, 2004 at 19:55:41 PT
Rollnburn, R U There
Are you in California and do you know of the 9th Circuit Court of Appeals decision? Does it make you feel safer in growing your own? Like, what's happening with the way you see things?
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Comment #2 posted by rollnburn on February 05, 2004 at 19:37:32 PT
what is this?
I drive 4 hours to get my medicine. It's nice to have choices on where I go for different herb. Now they tell us that we are losing our choices. I say POOP to thse ignorant pinheads, all that it means is that street prices will go up,and people will medicate on the streets. Is that what these boneheads want? I say grow yer own, and let the greedy bastards eat worms. Max Bone Daddy.
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Comment #1 posted by FoM on February 05, 2004 at 09:53:38 PT
Here's An Article That I Won't Post
http://www.lasvegascitylife.com/articles/2004/02/03/local_news/news01.txt 
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