cannabisnews.com: County Readies Medical Pot Rules





County Readies Medical Pot Rules
Posted by CN Staff on August 18, 2004 at 16:00:42 PT
By Brian Seals, Sentinel Staff Writer
Source: Santa Cruz Sentinel 
Santa Cruz -- County attorneys are expected to submit an ordinance by October outlining the amounts of medical marijuana patients in the county may possess. Meanwhile, county planners are grappling with the issue of where medical pot dispensaries may be placed in the county.With little discussion, the Board of Supervisors on Tuesday directed county counsel to craft an ordinance that would allow patients to possess 3 pounds of pot and maintain a 100-foot canopy of plants.
Canopy is a measure of leaf coverage in a given area. Experts say using canopy as a measure, rather than the number of plants, is a better method as it accounts for large plants. The lone dissenting vote was cast by 4th District Supervisor Tony Campos. He did not offer an explanation for his no vote, and didn’t return phone calls Tuesday seeking comment.Meanwhile, county planners are studying potential dispensaries and a report on the legality and zoning of them should be ready in the fall, Planning Department Director Tom Burns said.Supervisor Jan Beautz said the county should address where such dispensaries might be located, what hours should be allowed and other related issues as medical marijuana policies are refined. "It seems like this is as good as time as any to look at those things," Beautz said.The city of Santa Cruz addressed that question in June 2000. According to the city ordinance, the marijuana dispensaries must operate in industrial or commercial-industrial areas 50 feet from homes and 1,000 feet from schools.Little was said about the possession guidelines. They are expected to reflect the findings of a physicians group asked to explore the issue.At the request of Sheriff Mark Tracy, the board in May asked former county health officer George Wolfe to convene a physicians group to develop guidelines on how much pot patients may keep. The group included two doctors who treat many HIV/AIDS patients. The team looked at policies in other communities as well as information from physicians in other areas experienced in treating patients who use medial marijuana. The group also gleaned information from three patients who participate in federal program with marijuana grown at the University of Mississippi. Talks with those patients concluded they receive about 6 pounds of pot per year. Source: Santa Cruz Sentinel (CA)Author: Brian Seals, Sentinel Staff WriterPublished: August 18, 2004 Copyright: 2004 Santa Cruz SentinelContact: editorial santa-cruz.comWebsite: http://www.santacruzsentinel.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmThree Pound Pot Limit Could Be Sethttp://cannabisnews.com/news/thread19329.shtmlDoctors To Decide on Legal Pot Dosages http://cannabisnews.com/news/thread18890.shtml
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Comment #6 posted by Max Flowers on August 20, 2004 at 18:02:19 PT
No jurisdiction
Well now it makes sense why DEA often don't file charges and simply destroy people's plants. As I suspected, they don't really have any jurisdiction at all, and they know that any two-bit lawyer would shatter their case immediately.Another trick they like to pull is to bring the local cops along so that it *looks* as if they (the local cops) have jurisdiction and have them (DEA) along for "help" or something. In reality, I wonder if the local cops are not actually committing a crime by illegally bringing in federal authorities where they have no jurisdiction and then turning over the case to them. That *has* to be against the law!When is the fact that feds have no real jurisdiction going to come out into the full public light? I think there may be a bigger problem at work here: if the feds concede that they don't have jurisdiction in cannabis cases, they would also be admitting the same thing in many other areas where they have usurped power, and the whole facade would come crashing down.
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Comment #5 posted by siege on August 18, 2004 at 22:36:06 PT
Federal Law Enforcement
Article IV United StatesDistrict Court for the Northern District of Oklahoma cannotunilaterally expand Federal jurisdiction within the State ofOklahoma or  any of the other Union states party to theConstitution without securing an amendment to the Constitution ofthe United  States which  expands jurisdiction beyond thatprescribed at 18 U.S.C. § 7(3), where jurisdiction is secured incompliance with 40 U.S.C. § 255 and corresponding State cessionlaws (80 O.S. §§ 1, 2 & 3), nor can the Federal Law EnforcementCommunity exercise general police powers in the sovereign State.
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Comment #4 posted by siege on August 18, 2004 at 21:27:30 PT
           jurisdiction
we call your immediate attention to the line of inquiry regarding the threshold question of jurisdiction, and particularly to its references to: 1) Article I, Section 8, clause 17 of the federal Constitution; 2) 40 USC 255 (now 40 USC 3111,3112); and 3) Adams v. United States (1943) 319 US 312, 87 L Ed. 1421, 63 S. Ct. 1122 and United States v. Lopez, 514 US 549. Listen to the words of the Supreme Court; "In view of 40 USCS 255, no jurisdiction exists in United States to enforce federal criminal laws, unless and until consent to accept jurisdiction over lands acquired by United States has been filed in behalf of United States as provided in said section, and fact that state has authorized government to take jurisdiction is immaterial." Adams v. United States (1943) 319 US 312, 87 L Ed. 1421, 63 S. Ct. 1122. (Quoted from U.S. statute 40 USCS 255, Interpretive Note #14, citing the US Supreme Court). [Federal jurisdiction] " ...must be considered in the light of our dual system of government and may not be extended. . .in view of our complex society, would effectually obliterate the distinction between what is national and what is local and create a completely centralized government." United States v. Lopez, 514 U.S. 549, 115 S.Ct.1624(1995). Listen to the words of Federal Rules of Criminal Procedure; “ ‘Act of Congress’ includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession.” 18 USC, Rule 54 of the Federal Rules of Criminal Procedure. Note: There is no reference to the 50 “states." 
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Comment #3 posted by FoM on August 18, 2004 at 16:59:50 PT
DPFCA: Emergency Response Alert: Noon SF Tomorrow 
Date: Wed, 18 Aug 2004   
Eddy Lepp and 29 other people are in custody and will be held in San Francisco.Patients and supporters are at Eddy's Medicinal Gardens protesting right now! If you can join them, please call Stacey at 510-486-8083.If you are a patient under Eddy's care, please contast Americans for Safe Access asap!Action Alert!Who: Patients, supporters and YOU!What: Demonstration to protest DEA's raid on Eddy's Medicinal GardensWhen: Thursday August 19, 2004Where: SF Federal Building 450 Golden Gate Ave.Why: The DEA is violating CA state law! The war on patients must stop!If you're not in SF and you'd like to organize a demonstration at your local federal building, please contact Stacey (510)486-8083 or stacey safeaccessnow.org
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Comment #2 posted by FoM on August 18, 2004 at 16:56:03 PT
DPFCA: ALERT: Feds Raiding Eddy Lepp's Farm 
  
Aug 18, 2004, 11 am PDT:  DEA agents are raiding Eddy Lepp's medical marijuana garden in Lake County. Eddy's garden is one of the largest and most prominent caregiver gardens in the state. http://www.eddysmedicinalgardens.com/   Eddy was also raided by the DEA in 2002, but no charges were filed.-- 
----Dale Gieringer (415) 563-5858 // canorml igc.org
2215-R Market St. #278, San Francisco CA 94114
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Comment #1 posted by FoM on August 18, 2004 at 16:24:18 PT
Press Release: EWorldWire 
Patients Alliance To Host Medical Marijuana EventThe Most Important Event in Medical Marijuana HistoryFor Immediate ReleaseCLEARLAKE OAKS, Calif./EWORLDWIRE/Aug. 18, 2004 --- Medical Marijuana's most important supporters will be honored this month at the 2004 Disseminators Honorarium. The Patients Alliance & Research Group will be hosting the event at the Alliance Garden in Clearlake Oaks on August 28. This year's honorees include: -- Jack Herer - author Grass Magazine and The Emperor Wears No Clothes, father of the medical marijuana movement. -- Bill McPike, Esq. - has won the most court cases in the nation for the return of patients' medicine. -- Judge Jim Gray - US Senate Candidate, pro-medical advocate. -- Eddy Lepp - Humanitarian of the Year, operator of the worlds largest personal group-grow medical cannabis garden. -- Dennis Peron - human rights, gay rights, children's rights, and medical marijuana activist. -- Kyle Kushman - writer/photographer High Times Magazine. The main focus of this event is to pay tribute to those who have set aside personal gain to help further this important cause. There will also be a full day of entertainment, speakers, food and beverages, and of course the 215-at-2:15-p.m. break. The Alliance' own Med Mike will host the event along with other entertainment personalities. The Patients Alliance is a group of patients, caregivers and volunteers who provide information and assistance to medical marijuana patients, doctors, law enforcement and government agencies. They specialize in assisting patients with information about cultivation, storage and use of medicinal cannabis. They also work with county and state government to assist in establishing standards for medical cannabis cultivation and distribution and methods for identifying medical patients, growers and dispensaries. This is a private event, but noteworthy individuals and media personnel can request an invitation by contacting the Patients Alliance at 1-800-805-8439 weekdays from 10 a.m. to 5 p.m. pacific time. "This morning, [Lepp] and 27 other innocent people were arrested, and the DEA is in the process of destroying over 20,000 medical cannabis plants, making it the largest illegal seizure of legal medical cannabis in history," said Bob Grodell, a medical-cannabis activist involved with the Patients Alliance. "The Honorarium will still take place as planned, and the Patients Alliance expects Lepp to be present to accept his award - with a lawsuit against his wrong-doers in hand."http://newsroom.eworldwire.com/view_release.php?id=10536
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