Articles Posted in California Marijuana

Farmers and distributors in North Dakota will soon be able to grow, produce and sell industrial hemp.hempjuice.jpg

This is yet another victory for those who have been pushing for an entry for local production in the U.S. market. Last year, the Hemp Industries Association estimated the plant, which has a host of valuable purposes, ranging from baby care to foods to auto parts to building materials to clothing. The hemp market nationwide was estimated to be around $620 million in 2014.

Even though hemp has no intoxicating properties, it’s been heavily restricted by federal authorities in the same manner as cannabis. That changed when President Barack Obama signed the 2014 Farm Bill, which contained an amendment that allowed for the legalization of hemp cultivation and production for research purposes. The measure also allowed states that had legalized the crop to continue growing it within the parameters set forth by the state’s agriculture department and local research institutions.
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California voters may have declined a single proposal of marijuana reform in 2010, but next year, it seems likely they will have their pick of four alternatives for legalization of recreational use and sale.
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Last year, the Marijuana Control, Legalization and Revenue Act of 2014 failed to generate enough signatures to make it onto the ballot. However, the same group that introduced that measure is seeking public feedback on a proposal it wants to initiate next year. The advocates have granted open access to a Google Document in an effort to generate input.

That announcement follows the efforts of another group, the California Cannabis Hemp Initiative, to introduce a new measure that would legalize up to 12 pounds of marijuana for personal use. That group also attempted to promote ballot measures in 2010, 2012 and 2014, but, like the other group, was unable to garner enough signatures to get the measure on the ballot. The group’s latest effort involves appearing in several spots on HashBar TV.
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Marijuana advocates are fighting back in court against a ban on medical marijuana cultivation in Clearlake. balance2.jpg

Plaintiffs in Spittler and Farnham v. City of Clearlake, before the Superior Court of California for Lake County, allege the ban is illegal under California law, which legalized the drug for medicinal use.

The litigation is supported by Cal NORML, which is the National Organization for the Reform of Marijuana Laws. Although the lawsuit contains three plaintiffs, it was filed on behalf of all the city’s medical marijuana patients.
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The marijuana reform bill introduced by a trio of high-profile U.S. senators is being called “historic” for the way in which it would pave a path toward the drug’s legitimacy nationwide.
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It’s a first for the Senate, and advocates are praising it for the fact that it is comprehensive. Even the Drug Policy Alliance was one of several groups consulted prior to drafting. The bill is being unveiled as a joint effort by Democrats Cory Booker and Kirsten Gillibrand and Republican Rand Paul. It wouldn’t legalize marijuana nationwide, but it would save patients from the threat of federal prosecution in states where the drug is legal.
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As legalization of marijuana rapidly expands throughout the country, it has opened the doors to a host of questions and areas of concern regarding insurance coverage. It’s not just about the possibility of civil forfeiture action or criminal arrest so long as the drug remains illegal at the federal level.
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Among the areas in limbo: Commercial coverage, workers’ compensation, product liability, healthcare insurance and more.

Right now, we’re looking at 27 states that have either legalized or decriminalized marijuana possession and sale. Four states allow it for recreational purposes, and many others are expected to do so in the coming years. In fact, within the next four years, it’s expected the marijuana industry is going to balloon to more than $15 million. There is great concern about liability issues, so there is a demand for insurance coverage. However, it can be difficult to secure because so long as there is a widely varying patchwork of laws, it’s considered a high-risk venture.
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There was a time when conservatives were among the most vocal in terms of blocking access to marijuana – regardless of the purpose.
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That dynamic is changing, and the evolution has been rapid in recent years, evidenced again recently with the introduction of a Republican-drafted bill to end marijuana prohibition in Texas. Rep. David Simpson’s bill would remove all language on marijuana from Texas statute. He says his support of such a move is rooted in his Christian faith.

Recently, he wrote in an opinion-editorial piece he didn’t believe God made a mistake requiring government intervention when he created marijuana. This kind of attitude is growing among the conservative base, who not only cite faith but government overreach in support of marijuana legalization.
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The patchwork of state laws pertaining to marijuana continues to be subject to even more stitching.
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When California passed its medical marijuana law in 1996, it was historical and revolutionary. Now, nearly two decades later, nearly half of all states have followed suit, four states plus the District of Columbia have allowed for the legalization of personal possession and consumption by adults and several more states have pending legislation. (There remains a ban on sales in D.C. amid Congressional interference.)

Among those currently weighing big changes are Ohio and Vermont, which are both considering legalization. It’s worth noting that medical marijuana has been approved in Vermont since 2004, but it’s still outlawed for all purposes in Ohio.
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One of the primary and ongoing conflicts in marijuana law is the stark opposition of state laws and the federal position. While some states continue to outlaw pot for medicinal or recreational use, an increasing number of states are following California’s lead in medical use marijuana, or Colorado’s lead in recreational use marijuana. While Obama predicts that more states will begin to legalize marijuana, he also has vowed to let states pave the way towards legalization. This drives the consternation of many marijuana advocates who believe it is “high time” for Obama or Congress to act.

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In a recent interview, Obama responded to a question about the growing conflict between state and federal laws. Obama responded by explaining how states have the opportunity to experiment with the legalization project, yet, the position of the administration has been to take a step back. Even though federal laws continue to classify marijuana as a Schedule I illegal substance, the administration is not going to spend any time, money or other resources intervening in states’ decision to legalize or pursue medical use marijuana.
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As states are decriminalizing marijuana possession and sales and making recreational use legal, it is important to remember marijuana sale and cultivation is still a federal offense.

Drug crimes continue to be prosecuted and defendants are still being sent off to prison for conspiracy and distribution being investigated in Colorado, Washington and Colorado. According to recent news reports, three defendants were sentenced to federal prison for their role in a drug trafficking conspiracy that shipped high-grade marijuana from Colorado and California to Cedar Rapids, Iowa.

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The Drug Enforcement Agency brought down the investigation through wiretaps and an ongoing investigation. Since charges were filed, all 12 co-conspirators have plead guilty and have received sentences. According to court documents, the defendants financed trips from Colorado and California to traffic the marijuana. One of the growers and co-conspirators had an operation in Breckenridge and the others were profiting from the transport, purchase, and resale of marijuana in Iowa. One of the transport involved a 25-pound shipment by private plane from Colorado to the Iowa City airport. The two conspirators involved in this operation were sentenced to two years in federal prison.
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Growing pot at home and in residential areas is posing serious health and property risks in Colorado.

According to lawmakers, firefighters, and industry experts, amateur growing of marijuana in kitchens and basements has resulted in the rise of home explosions. Laboratories use flammable chemicals to extract potent drops of concentrate called “hash oil,” and can result in the accidental explosion of residences. Victims have also been caught in the flames, suffering serious injury. Though there have been no reported fatalities, the explosions have the potential to result in accidental death. This growing trend of home has also posed significant risk in Florida, California, and Illinois, as well as other states where pot is still illegal.

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While cities are making efforts to shut down homemade hash oil productions, many state lawmakers are looking to specifically outlaw it. Despite these campaigns, home grown hash oil enthusiasts continue to advocate for their own rights to continue to safely create the product without using butane. Criminal defense lawyers are also arguing that the practice cannot be banned since Colorado voters made marijuana legal to grow, smoke, process and put on the market in 2012.
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