cannabisnews.com: Cannabis Clinics Wither After Court Decision





Cannabis Clinics Wither After Court Decision
Posted by FoM on June 01, 2001 at 19:43:18 PT
By Daniel Mintz, Eye Reporter 
Source: Arcata Eye
A U.S. Supreme Court decision that maintains the status quo of marijuana law has nevertheless netted an immediate and significant effect - the county's two medical cannabis centers have closed in response. That's because the unanimous high court ruling that came down Monday, May 14 sets a legal precedent for applying Federal law to medical marijuana distribution. 
The Federal Controlled Substances Act bars all cultivation and distribution of marijuana, and puts cannabis in the same category as heroin, PCP and LSD - it's defined as a dangerous drug with high potential for abuse and no medical value. Affirmation of the law's authority has opened the door to federal prosecution of medical marijuana producers, and has local growers talking about more underground approaches to cultivating cannabis for medical patients. And the county's medical cannabis centers, both located along the same street in Arcata, are shuttered.Proposition 215, California's medical marijuana law, is untouched by the ruling and possession of cannabis by medical patients is still legal. However, Greg Allen, president of the Humboldt Medical Cannabis Center (HMCC), said that although Federal law doesn't address possession, its ban on distribution will challenge patients' ability to get their medicine."At this point, it seems any grow much larger than an individual patient would use will result in confiscation and perhaps prosecution," Allen said. "Patients still don't have access to the medicine they have the right to have, and nobody can do much to help them."It may not be the feds that medical marijuana cultivators need to be most wary of, Allen continued. "What I see as more significant is that local law enforcement has been very emboldened by the Supreme Court passing on this case. It will be interesting to see what they do, but it seems that patients growing for themselves is not inconsistent with federal law at this point."High Court: No Medical Defense:The essence of the ruling can be summed up in a sentence - the court has affirmed that medical necessity cannot be used as a defense against federal anti-distribution laws - but the events that led up to it followed a twisting path. In early 1998, the U.S. Justice Department sued the Oakland Cannabis Cooperative, a medical marijuana distribution center, to block its activities because they violated the Controlled Substances Act. The District Court granted a preliminary injunction to stop the co-op from distributing to patients. The co-op continued doing it, though, asserting that its activities were medically necessary and served the public interest. The co-op and its director, physician Jeff Jones, were found to be in contempt of court and U.S. Marshals shut the facility down and confiscated its cannabis. The co-op appealed the government's actions to the Ninth Circuit Court of Appeals, which ruled that the lower court should have accepted medical necessity as a defense. The Justice Department asked for and got a review of the case by the Supreme Court. Thus, a high court case dealing with a co-op put Federal law and medical marijuana to a legal test. And last week, all eight court justices made it clear that they could not ignore the content of the Controlled Substances Act, not even in medical cases. Justice Clarence Thomas authored the ruling and wrote that " to resolve the question presented, we need only recognize that a medical necessity for marijuana is at odds with the terms of the Controlled Substances Act... its provisions leave no doubt that the defense is unavailable."Medical marijuana advocates argue that the Federal law is outdated, having been passed in 1970, prior to the most significant cannabis research. Thomas suggested that the arena for changing the government's approach to cannabis is not the high courts, but Congress."Whether, as a policy matter, a (medical) exemption should be created is a question for legislative judgment, not judicial interference," Thomas wrote. A minority of three justices, however, issued a separate ruling that confirms the relevance of Federal law but asserts that the ruling's language is "overbroad" and that with it, "the Court reaches beyond its holdings, and the facts of the case."Justice John Paul Stevens, the author of the minority opinion, wrote that the court's assertion that all cultivation and distribution is illegal failed to recognize the relevance of "whether (medical) defense might be available to a seriously ill patient." Stevens went on to write that the ruling "gratuitously casts doubt on whether necessity can ever be used as a defense to any federal statute that does not explicitly provide for it."The HMCC is usually closed on Mondays, the day the ruling came down, but it didn't open the next day and is closed indefinitely. The Humboldt Patient Resource Center (HPRC), a second, more clinically-modeled center whose managers defected from HMCC last year, shut its doors immediately after the news of the ruling splashed. Pam Heimstadt, HPRC's head nurse, said the court ruling clearly defined the clinic's activities as illegal, and remaining open would have exposed it to significant legal risks. The HPRC is closed indefinitely, and Heimstadt said all of its plants (the clinic cultivated on-site) were destroyed Monday. A management source with Humboldt United Growers (HUG), a limited liability corporation and the HPRC's parent organization, said the turn of events will actually make marijuana enforcement more problematic for police, because more patients will have turn to the streets and the black market for their meds. That opinion is commonly shared by patients and patient advocates. But the activities of the Arcata cannabis centers had been debated and criticized, and internal dissent hampered the effectiveness of the local medical marijuana movement. Some complained that both centers set prices that were too close to what's being charged on the street. The HUG source, however, said police were concerned about the HPRC's prices, because an eighth of an ounce of the clinic's best weed went for $38.50 and could have been sold on the street for $10 to $15 more. Jason Browne, one of HMCC's founders and directors, said that police raids on medical gardens made demand greater than supply, a situation he says was worsened by the attitude of growers. The HMCC would have closed within a month anyway, Browne continued, and the court ruling just hastened it. There were plans to reorganize the center into what Browne called "a community-based co-op that would really drive prices down," but those plans have been scrapped because "now the feds won't allow it."Browne portrayed the local growing scene as tight and capitalistic. "There are so many greedy people in Humboldt County - and I'm talking about the growers, who are used to the profits of the black market," he said. "There just weren't enough growers willing to offer competitive prices. We were certifying legal gardens to gain control and manage prices, but we had no support from the growers to do that, and police raids and high energy costs didn't help."Charges of profiteering have continually criss-crossed, but Browne said the most disturbing issue now is that "patients will be left to fend for themselves." Patients are "angry and afraid," said Allen. "They don't know what to do and they don't know what's going to happen next. Many are in great pain and the Supreme Court has created serious obstacles between them and the medicine they have a right to have."Club Closings Premature?Cannabis clubs in other counties and in the Bay Area have not been as cautious about Federal intervention, and remain open. Oakland Buyers' Co-op Director Jeff Jones said the closing of Humboldt County's centers is a "disappointment," and that "the Arcata clubs are doing exactly what the government wants by offering no resistance. Until they come to close centers down, there is no reason to shut down. The cannabis centers are providing a service to the community and that service is more important than ever now."Robert Raich, one of the co-op's attorneys, also believes the Arcata centers have been "unnecessarily skittish" in closing. "What are patients going to do now?" he asked. "It's ironic, that they'll have to go to the streets and to black market dealers, and the whole reason that the feds are doing what they're doing is to promote public safety and shut down illicit dealers. Now, they'll be giving them more business because patients will be willing to take risks if they perceive their survival is at stake. They'll obtain meds of questionable quality and take their chances on the street, and that will have a true public safety impact."Mark Harris, an Arcata attorney specializing in marijuana cases, said he's "disconcerted that our clubs have closed" but acknowledged that "everything we do here in Humboldt County is on the radar." He believes that a new breed of cannabis centers will eventually emerge."I think we'll have a different style of club, and we'll see them becoming more creative in their approach, and in the ways they supply seriously ill patients with the resources they need," Harris said. Clubs might become resource facilities instead of distribution centers, he continued, offering growing information and referrals instead of supply. Arcata's recently installed Police Chief Chris Gallagher said he'll use District Attorney's Office guidelines as a yardstick. "We're probably not going to do anything different as a result of the ruling," he said. "If the clubs remain open or if new ones start, they should be aware that the Federal government has taken the stance it's taken, and there could be enforcement actions as a consequence. I think you'll see a lot more clubs closing across the state for that reason."Medical defense still exists in possession cases, Harris pointed out, and patients will respond by taking more of a proactive role. They'll grow their own medicine - if they can - or get their meds the old-fashioned, illegal way. D.A.: 'No Effect On Me'Medical marijuana producers are guessing how strictly the feds will enforce the Controlled Substances Act. Technically, any cultivation of marijuana is a Federal crime, but an unwritten protocol says that investigators won't intervene in cases that involve less than hundreds of plants (1,000 is often mentioned as the threshold number). If the feds do indeed back off of smaller grows, patients will be able to grow cannabis or have someone do it for them. County District Attorney Terry Farmer said that the high court ruling won't affect his guidelines because it has nothing to do with state law. Farmer's office will stick to the thresholds it's followed all along: allowable amounts are 10 plants or two pounds of dried product per patient. "The Supreme Court decision does not really affect me," Farmer said, though he went on to underline the ruling's "dampening effect." He added that although the court decision didn't impact state law, it has had and will have an influence on medical growers."That's demonstrated by the closing of the clubs," Farmer said. "Their leadership has basically said that, 'Hey, what we're doing has been confirmed to be illegal under federal guidelines and they could shut us down anytime."Farmer's approach to medical marijuana, though not without detractors, has generally been recognized as fair and reasonable. He said he wants to adhere to the intent of state law but he saw problems develop as Proposition 215 moved from the ballot to doctor's offices. "We saw recommendations that were flat bogus, and many were marginal," Farmer said, mentioning the name of a Bay Area doctor who's been widely sought after for pot prescriptions. "Many viewed (215) as a means of doing what they wanted to do all along - smoke pot to feel good."Abuse of 215's provisions is what drives enforcement, Farmer continued. "The people we're running up against are not cancer or MS patients - the folks we deal with are people who used to be illegal dope growers trying to become medical providers."Farmer praised HPRC for following a clinical model and said "they were doing a good job and I'm sorry to see them go." And though he cast doubt on prescribing pot for conditions like alcoholism (for which cannabis has been said to provide effective treatment), he acknowledged that "I'm not a doctor and don't want to get into that debate."Will Feds Ounce-Pounce?Sheriff Dennis Lewis has been more demonstrably criticized for his department's marijuana confiscations. Lewis couldn't comment on the Supreme Court ruling and its effects because he's about to appear in federal court himself, also on a medical marijuana issue. Lewis has repeatedly said that he believes federal law supersedes Proposition 215. And when a Superior Court judge ordered Lewis to return an ounce of medical cannabis that had been seized from a patient, the sheriff refused to comply, saying that following the order would put him in violation of the Controlled Substances Act. The county decided to put the matter before federal court, which hears the case on May 25. Meanwhile, Lewis has been found in contempt for not returning the pot, though a hearing is scheduled for early June to ask Judge Bruce Watson to lift the contempt ruling in light of the Supreme Court's decision. In the upcoming federal hearing, the county will argue that Lewis should be released from the responsibility of the seized marijuana because both its former owner, patient Chris Giauque, a Salmon Creek resident who's recovering from a spinal injury, and the federal Drug Enforcement Administration (DEA) have claimed rights to it. The county is being represented by Eureka attorney William F. Mitchell, who said he couldn't comment on the case. Giauque's lawyer, Bryce Kenney, said the Supreme Court decision has no bearing on the case because it focused on the activities of a cannabis club, not a law enforcement official who's being asked to follow a court order. What's more, Kenney continued, federal law allows exemptions for police officials because they often have to buy or distribute drugs during undercover investigations. He also said that Federal law isn't relevant because Giauque, who simply possessed the marijuana, didn't violate it.The going gets convoluted with this one - the Justice Department has filed a brief that agrees the county's case should be dismissed in Federal court. But the Department's attorneys also said they will seek to have the much-debated ounce of medical marijuana seized and destroyed under civil forfeiture, thus resolving the matter - sort of."Obviously, one can't hold the sheriff in contempt for not giving back something that no longer exists," Kenney said. "So the problem goes away, but it actually won't. If a seizure order is issued, we can file a motion to give us a chance to prove that (Giauque's) property should be returned because it's not contraband under Federal law."Kenney believes leverage for change has to be weighed in Congress, not the courts. "The Controlled Substances Act reflects an outdated mode of thinking, one that Congress is stubbornly adhering to," he said. "The high court may have been technically right in relying on the intent of Congressional law, but that doesn't reflect modern thinking and it puts the burden on Congress to revisit the issue - it bounces the ball back into Congress' court."Growing Going Underground:Giauque, who's part of a Salmon Creek cannabis co-op that grows and shares its medical resources among members, has carried out a variety of moves that tested medical marijuana's legal limits. He was busted last April by Eureka police just before handing out free medical marijuana in front of the Sheriff's Office, and was going to do another give-away last week but decided to cancel it after the ruling came down. He'll cool it now, he said. "I intend to continue activism, but I don't want to catch a federal case. The idea is that nobody wants to be in the federal gunsight. So some people will be keeping their heads down."Growers don't know at this point what level of cultivation would draw the attention of Federal authorities, Giauque continued, so they're likely to be careful. And one effect of the court ruling might be to move outdoor medical grows inside."The nice, organic, healthy outdoor grows will probably be shut down and the majority of high quality marijuana will be produced indoors," said Giauque. "Not that I'll be doing it."Consensus seems to be that patients will still be able to grow for themselves. If they're too sick to do it or don't have the resources, there's always the street. And that's no consolation to patients who were relieved to have safe access to meds. "The black market comes with ripoffs, underweight bags and other things which didn't happen when this was being done more upfront," said Giauque.The Salmon Creek co-op still exists, Giauque continued. But he declined comment on whether it's still distributing cannabis. Harris thinks that since the high court's ruling focused on the activities of a club, it won't have a wider effect than that. "The Federal Government isn't interested in going after the Chris Giauques of the world," he said. "The federal focus is on the trafficking of illegal narcotics - 215 remains viable and intact."Raich, the Oakland Co-op's attorney, said cannabis clubs may get another shot at operating legally. The Supreme Court refused to consider constitutional arguments that Raich said he'll advance in lower courts. One regards the applicability of Federal law to drug activity that doesn't involve interstate commerce. A second argument involves due process - the constitution protects against the government's meddling in matters that involve basic human rights. Whether the right of patients to grow plants that can be used as medicine is one of them remains to be considered by the courts.The right of states to regulate themselves is another issue that hovers, and is noted in the high court's minority opinion. The Supreme Court case has drawn attention to the Controlled Substances Act itself, and now there's increased debate on whether the law's in sync with the times - and the will of voters of the eight states that have adopted medical marijuana laws."Proposition 215 is the camel's nose under the tent," Harris said. "And there's no way to keep the rest of the camel out of the tent now."Complete Title: Cannabis Clinics Wither After Supreme Court Decision Newshawk: Christian C.Source: Arcata Eye (US CA)Author: Daniel Mintz, Eye Reporter Published: May 22, 2001Copyright: 2001, Arcata EyeContact: info arcataeye.comWebsite: http://www.arcataeye.com/Related Articles & Web Sites:Humboldt Medical Cannabis Centerhttp://www.hugcares.org/OCBC Versus The US Governmenthttp://www.freedomtoexhale.com/mj.htmJudge Seizes Marijuana at Government's Request http://cannabisnews.com/news/thread9846.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #11 posted by patient on June 04, 2001 at 18:27:31 PT
help steve
Humboldt patient Steve Tuck reports that Humboldt County authorities have declined to charge him for marijuana cultivation after raiding his co-op garden with 900 plants. This is the second time Tuck has been excused from charges for a major medical marijuana grow. Tuck says he is filing charges against the sheriff's department for false arrest.Tuck also reports that Humboldt sheriffs have cracked down on the two medical cannabis clubs in Arcata, arresting their personnel on MJ charges. He charges that Sheriff Dennis Lewis wants to shut down the medical marijuana clubs in Humboldt.NOW...Mr. Tuck is being pursued by on both his current garden and his prior grow. Currently the case is in the initial stages of going to trial. His next court date is set for June 6th, without adequate funds this Mr. Tuck will undoubtedly end up another casualty of the drug war in jail.Mr. Tuck is being represented by the following attorneys and any donations towards his legal defense fund can be made to the following people:Tony Serra Law FirmSF, CAContacts:Larry Lichter orCarrie Hagan415-986-5591FAX 415-421-1331orEd DensonRedway, CA707-923-4764
Steven Tuck Case
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Comment #10 posted by Steve Tuck on June 03, 2001 at 21:14:58 PT:
Money seems in short supply
Hi, I have called NORML and everyone else I can think off, Steve Kubby has known about my case for a year now but he has his hands full with his own problems now. NORML said they have no money to defend people. Also I have same lawyers that got Steve Kubby off from Tony Serra's office, Larry Lichter and Cary Hagen but since gov't and DA is going for blood this is going to be a long drawn out trial. I already have a 9 inch stack of bs discovery of lies to go through, cops can't even keep the same story in papers. I have called ACLU and Soro's organization too, it just seems like there is no money antwhere to help those who have been helping the less fortunate. I am not afraid to die, I just hate that to give pigs greenlight to go after my people. My lawyers have to travel from san francisco and staff also, really I know all 3 are going as cheap as they can as they all care about me, it's just reality is a bitch and the gestapo know this and laughed and made fun of us in the raid. Like they were gods or above the law. All local lawyers are in bed with pigs or scared to death of them, as the last lawyer who fought them had his life destroyed and is living in Thialand now. The police state is complete here and we need outside help to break this logjam. Thanks, Steve
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Comment #9 posted by QuietCrusader on June 03, 2001 at 19:06:37 PT:
Steve, call NORML...
I believe they have lawyers that can review your case and possibly win in a trial because you have to be tried by Californians. The Feds may not be able to win a case there because of jury nullification or hung juries. Also, go to http://www.kubby.com and ask Steve Kubby what he would do. It sounds like you are wasting your money on some serious clown lawyers(40,000 dollars?!).
NORML
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Comment #8 posted by Steve Tuck on June 03, 2001 at 10:29:31 PT:
Thanks again for somebody who cares
We still have our web page up to get info out to our patients, especially that 0-255 member #'s and names have been comprimised by theiving cops. I am taking this to trial and pray the feds don't prosecute my family as a result. I hope that a jury of my peers here in Humboldt Co. will aquitt me. Our website is http://www.humboldtresearchinstitute.com and we are keeping it up in case of a miricle. Being under this gun sure is playing hell with allot of people's lives. If I knew better where to get our story out it would help a bunch. Thganks for everyones support. We are STILL doing Dr. visits with our 2 Dr.'s and the pnone # for it is 707-269-4035 HRI. I called everyone and no luck yet. NORML said if I lose they have a fund to help with an appeal. Hope it doesn't come to that. Thank you from the bottom of my heart and from all my patients also. Steve Tuck  
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Comment #7 posted by lookinside on June 03, 2001 at 09:33:13 PT:
steve...
please keep posting if possible...these crooks in humboldtcounty need their covers pulled...the rest of us need to know about situations like yours...i'm assuming that you've contacted NORML and bill lockyerand your elected officials concerning this travesty...
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Comment #6 posted by FoM on June 02, 2001 at 16:46:57 PT
Vent Away
Hello Steve,You are in a rough situation and if talking about it makes you feel better please do. This is why we care and work so hard. Trying to bring a little sanity to this insane war on our personal liberties is very important to me and others here. Keep us posted if you want and if you don't want too I also understand.
Medicinal Cannabis Links
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Comment #5 posted by Steve Tuck on June 02, 2001 at 16:14:23 PT:
Thanks 
Thanks for taking the time to ask, I had some coverage in Times-Standard out of Eureka lasr July-Aug. period of my bust for 837 plants for 400+ SIGNED contract patients who like us ( Lucy Tuck is my wife and she was CEO of HMCC for a year and a half as I was director of R&D along with Tod Mikurya he knows about what we do as we have remained freinds since we both left HMCC) who left HMCC like us at the start of 2000 because of political bs and we wanted to supply free mj to sickest patients. We attended ever meeting we knew of and met with every law enforcement agency we could to try and be legal, then all at once it came from everywhere. The reporter last year was warned after he did 3/4 positive stories about us and charges, he even attended one raid by police and reported on them lying. Then he was fired for that story and only local NPR station reports on us and thats KMUD out of Gaberville,Estelle Fennel is news director and a honest and brave person. Then cops dropped charges and even gave my research to Umiss. I was suing cops for last year when Dep. Hanson found out were I lived on 3-12-01(our 8th wedding ann.) and raided my house at 10am with no warrent, said they came to talk about someone else they were SUPPOSEDLY looking for but admitted someone told them I was growing for patients(black market growers seem to hate us as bad as cops?) Well this time I went to court on date given by cops and DA said "no charges are going to be filed against you", so I went off and demanded to file charges on Lewis and Hanson for lying to judge,breaking and entering,theft, and civil rights violations. Well 4 day's after that the sheriff got some asst. Da to file charges on me for last year and this year- 6 felonies. I am a disabled veteran and do not feel like this is much justice as they have taken everything I own and now I goota come up with 40 grand to stat alive? what's up with that? I am sorry for long post but I needed to vent. Steve Tuck HRI
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Comment #4 posted by FoM on June 02, 2001 at 15:09:41 PT:
That's Depressing
Hello Steve, I've done so much news from California that I can mix articles up in my mind. Why hasn't there been any press? I don't understand but I do realize that some areas of California are more permissive then others and some newspapers lean more one way then the other. If a paper does an article please send it to me and I'll post it. 
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Comment #3 posted by Steve Tuck on June 02, 2001 at 14:20:18 PT
Arcata Clubs and Herr Lewis
My name is Steven Tuck and what this acticle doesn't say is that Lewis and asst. DA Nandar Vadas are waging a persononal war against medical marijuana under color of their offices after DA Terry Farmer refused to charge me for last years warrentless raid that started the destruction of my life. They stole my research and all our patients meds, then proceeded to raid us (Humboldt Research Institute) 4 times in 14 month's after we were told by Eureka police chief Milsap to "Go back to Arcata with our KIND", and forced to move into Lewis's power zone. I am now facing 6 felonies that every word of my defense can be used against me in Federal court for whom Mr. Vadas used to work. I now owe over $40,000 in legal bills and the trial is not even here yet. My story has never been reported in the news, not one time depite the sheriff stealing all our plants that were to be given free to our 400+ patients who have all been checked out using the system we invented that's now the model for the nation. I am not a criminal and I will DIE in jail real quick as they said I cannot even bring my morphine in their despite pleas from my Dr. Mr. Raich and others don't realize the desperation here because they don't know the facts because the cops totally control the media here behind the 'redwood curtain'. Ed Denson, Cary Hagen , and Larry Lichter are my brave attorney's as most others here would not touch my case with a 100 foot pole and I am trying desperatly to get them some money as the cops confiscated everything I own. Does anyone think that someone would ever step into this lifegrinder to try to help others again??? I am begging for any kind of help as I am kind-of tharned at the moment and am afraid I will be resigned to dying in jail for trying to help others for no money.  Steve Tuck  my pretrial starts jun 6th 
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Comment #2 posted by Ethan Russo, MD on June 01, 2001 at 20:50:41 PT:
Be Careful What You Hope For
"Raich, the Oakland Co-op's attorney, said cannabis clubs may get another shot at operating legally. The Supreme Court refused to consider constitutional arguments that Raich said he'll advance in lower courts. One regards the applicability of Federal law to drug activity that doesn't involve interstate commerce"This is the key, and ties into a parallel story. By pursuing this case, and "winning," I think that the Feds may have sealed their own fate. Obviously, the vast preponderance of clinical cannabis use in California occurs with domestic product. This is a constitutional battle that can be won. The Controlled Substances Act may well be history after this case. I can't wait to see it happen.
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Comment #1 posted by fivepounder on June 01, 2001 at 20:20:07 PT
The thieves at Humboldt Medical Cannabis Center
The Humboldt Medical Cannabis Center has closed for one reason that has nothing to do with the recent Supreme Court ruling. 	It has closed due to dishonest and corrupt management. Jason Browne and Greg Allen are liars, thiefs and embezzlers. They have taken every penny they could, lied to untold numbers of people and are now being investigated by the local authorities. They stole bud from patients and lied whenever it suits their ends. As a former member of that club I saw all this go down. The shame is what it will do to the movement when charges are filed. They drove away all the good people who would not put up with their lies and in  time no grower would sell them weed anymore. They charged $300.00 for them to 'certify' your patch. No one would go for that so they only sold their own weed. They ripped off growers by not paying them off and patients by taking their money and not getting them the visit with the doctor they paid for. Jason Browne, who is gay, would often comment that only the opinions of gay people was potential valid. This is the mindset of the person who said he would rather see the center fold then for him to lose control of it. Jason you got your sick wish.
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