Medical Marijuana in California

March 12, 2012

California Medical Marijuana Patient Denied Liver Transplant

A cancer patient undergoing treatment at a Los Angeles hospital is being denied a liver transplant due to his use of medical marijuana in California.

Our California medical marijuana lawyers are outraged, as are a number of patient advocates and marijuana rights groups.

A number of news sources are reporting the following:

The cancer patient had been on the short-list for a liver transplant at Cedars-Sinai Hospital in L.A. But his pain was becoming unbearable. Medical sources say symptoms of liver cancer can include fatigue, fever, jaundice, joint and muscle aches, vomiting, nausea, pain and swelling in the abdomen and a decreased appetite.

His oncologist then prescribed medical marijuana, to help alleviate some of these symptoms. The man filled the prescription, as ordered by his doctor.

That, in turn, got him booted from the liver transplant list. The hospital sent the patient a letter, saying that his marijuana smoking had made him an ineligible transplant candidate.

Now, his cancer has returned. Without a new one, he will die.

“It’s only my life that I’m fighting for,” he said bitterly.

While the hospital declined media requests for interviews, a clinical social worker at the transplant program at the University of California in Los Angeles said that marijuana use of any kind is considered substance abuse. The legality of it, she said, is not at issue.

The social worker’s statement is a head-scratcher. First of all, legality shouldn’t be an issue at all because marijuana was legalized for medicinal purposes by California voters in 1996. Secondly, it is true that prescription drugs can be abused, as we’ve seen as an epidemic problem with certain painkillers such as Oxycodone or anti-depressants, such as Xanax. Use, however, is very different than abuse. And if the use of a drug is prescribed and overseen by a physician – a specialist, nonetheless – how is that abuse?

Clearly, these institutions are deciding who gets to live based on some perceived morality, because while we debate semantics, real people are dying.

What makes this even more infuriating is that within the medical community, the benefits of medical marijuana have long been known. In fact, an archive story from The New York Times that was published in 1999 reported that the active ingredient in marijuana was found to be beneficial for use in treating nausea, pain and severe weight loss. Do those symptoms sound familiar?

Further, the Times reported that while there was concern that allowing sick patients to use the drug would soon mean use would spread to those who only wanted to use the drug for recreation. But no evidence of that could be found (nor has it been found since the drug was legalized). What’s more, the study found that marijuana is not a gateway drug that would entice patients to seek out harder drugs like heroin or cocaine.

This was all according to a study by 11 independent experts at the Institute of Medicine, an arm of the National Academy of Science. This was 13 years ago. Why is it taking so long for some in the medical and legal community to catch up on this issue?

March 10, 2012

California Medical Marijuana Supported by Wide Range of Celebs

By Cannabis Law Group

In recent weeks, a number of celebrities – from the rap group Cypress Hill to former talk show host Montel Williams – have come out in support of medical marijuana in California and across the country.

The wide range just further illustrates what our California medical marijuana attorneys already recognize: the vast array of benefits this drug provides for patients who are suffering form a variety of ailments.

The battle for the right to peacefully distribute, purchase and use marijuana for medicinal purposes is being fought on several fronts throughout the state right now. It’s been ongoing since California became the first state to legalize the drug in 1996. Since then, 16 other states have followed suit.

Sometimes, patients feel it’s a constant dance of one-step-forward, two-steps-back.

Last year, the Obama administration gave directives for federal prosecutors to focus efforts on matters other than medical marijuana. But last fall, prosecutors began moving forward anyway with a host of crackdowns across the state, shutting down dispensaries and collectives that it said were ballooning to unmanageable proportions.

Then pot proponents claimed victory a few weeks ago when an appeals court ruled that local governments couldn’t utilize nuisance laws simply for the purpose of shutting down dispensaries that were operating legally.

But there were again setbacks when a federal judge in Sacramento refused to even hear a case brought by medical marijuana patients and operators claiming that federal prosecutors are ignoring the presidential directive. The judge essentially said the president’s orders aren’t binding.

Last week, Cypress Hill front man B-Real headed a march from Los Angeles City Hall to the Edward R. Roybal Federal Building at 4:20 p.m. in an effort to voice opposition to the crackdown and send a message that the state’s medical marijuana laws should be defended. The rapper told LA Weekly that he was pleased with the turnout for what essentially equals a fight for civil rights. He followed up that effort with a “Smokeout Festival” headlined also by Sublime, Korn, Rusko and Wiz Khalifa. The event, B-Real said, is part of a greater movement.

“The goal of its inception was to use the power of music to build a platform for supporters, advocates and fans to congregate and take a stand toward decriminalization,” he told AllHipHop News.

All artists involved, he said, were chosen for their talent, as well as their pro-medical marijuana advocacy.

Also publicly voicing a pro-marijuana position in recent weeks is former talk show host Montel Williams. He recently held a news conference in Maryland on the issue and additionally appeared on the Dr. Oz show. The 54-year-old has been dealing with multiple sclerosis since 1990. He said he has suffered with pain in his face, side and lower extremities for years. Marijuana, he said, is the only substance he has found that has provided him with relief. On Dr. Oz’s program, he said since he began using medicinal marijuana, plaque has stopped forming in his brain – leading him to believe it is the pot that has halted the disease’s progression.

He said while it may not be a solution for everyone, medical marijuana has allowed him to have his life back.
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March 9, 2012

Medical Marijuana in California and Elsewhere Reducing Suicide Rates, Study Says

By Cannabis Law Group

Some refer to marijuana as a “magical drug,” while others say that it’s continuing to do more harm than good. While it doesn’t exactly give you magical powers, it does help patients in treating nausea, back pain and a plethora of other medical conditions.

Now, there’s even more evidence proving that the “miracle” drug is helping to make our world a better place. According to a new study that started out of Germany, medical marijuana in Los Angeles and elsewhere in California is helping to reduce the rates of suicide. Researchers used this study to examine areas that have legalized medical marijuana and their rates for suicide.

According to the LA Times, suicide is oftentimes triggered by events that are stressful. Through a number of studies, medical marijuana has been proven to reduce these stresses and therefore has the ability to reduce the risks of suicide. Still, there are those that will actually argue to the death, saying that marijuana has no redeeming medical or social value. That’s not what recent studies are saying, according to researchers.

Our Riverside medical marijuana attorneys understand that the recent study noted that California law states that qualified patients are permitted to use medical marijuana to treat anxiety. Both New Mexico and Delaware allow residents to use this drug for the treatment of post-traumatic stress disorder. Researchers with the Institute for the Study of Labor (IZA) are helping researchers at the University of Colorado’s Department of Economics to pinpoint the use of medical marijuana and its effects on suicide.

This newly-published study is titled “Medical Marijuana Laws and Suicide“.

The results of the study illustrate that by making a law in favor of medical marijuana areas will experience an approximate 5 percent reduction in the current suicide rate. More specifically, researchers predict a reduction of more than 10 percent in the rates among males aged 20- to 29-years-old and a reduction of about 9 percent reduction among males aged 30- to 39-years-old.

Some of the researchers have made the assumption that the use of medical marijuana has the ability to help patients to reduce their alcohol intake. As we all know, alcohol can be a downer, too.

The association between suicide and alcohol intake discovered by other researchers proves that if there’s a law legalizing marijuana, then it would in turn help to reduce suicide rates.

In a similar study, animals were injected with low doses of synthetic cannabinoid. The result was “a potent anti-depressant effect.”

Other scientists, like Dr. Drew Pinsky, say that marijuana and depression are as closely associated as peanut butter and jelly.

Still, researchers say the evidence is clear — states that legalize the use of marijuana have lower rates of suicides.

All in all, the German study concludes that “the legalization of medical marijuana leads to an improvement in the psychological well-being…an improvement that is reflected in fewer suicides.”
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March 8, 2012

Medical Marijuana Case Struck Down Without Hearing

By Cannabis Law Group

A federal judge in Sacramento recently dismissed a California medical marijuana lawsuit against the recent clampdown on medical marijuana dispensaries by federal officials.

Our Los Angeles medical marijuana attorneys are disappointed, though not surprised. We anticipate this is a fight that may continue for some time before the civil rights of patients are fully recognized.

The Sacramento decision follows a recent state appellate court’s ruling to disallow local governments to use nuisance laws to shut down medical marijuana dispensaries.

March 7, 2012

Bans on Medical Marijuana in Los Angeles in the Future?

By Cannabis Law Group

Supreme courts should stop allowing all dispensaries to operate, says Long Beach City Attorney Bob Shannon. He says that they should stop operating until an appeal to the Supreme Court is decided. He’s talking about the appeal to provide more guidelines to cities regarding the governing of medical marijuana in Long Beach and elsewhere.

There’s a similar proposal in front of the Los Angeles City Council, too. Authorities are falsely claiming once again that these dispensaries are bringing crime into our communities and want them shut down until there are more regulations, according to Los Angeles Daily News.

For some reason there was confusion with the state appeals court ruling that said cities were able to ban their own medical marijuana outlets. State appeals say all areas should be governed with permits. Our Los Angeles medical marijuana attorneys previously told you about the permit processes that cities like Long Beach and Los Angeles already use to regulate the current industry.

Apparently, these regulations are too tough for Shannon to handle, as he’s asking everyone to be shut down in the meantime.

Long Beach City Council won that one though, allowing nearly 20 dispensaries (operating under permits) to continue operations for another six months. Still, with that small victory the Council also voted to place a ban on dispensaries that don’t have a permit. It all just seems like the City Council is wasting time until the state’s Supreme Court makes a decision. That decision may not come for another year. Then it would be determined if permitting these companies would be legal or not.

Officials estimate that it could be another year or so until the 35 or so dispensaries operating without a permit in Long Beach are shut down. And the LAPD has already worked to cut off operations at most all of the operations in San Fernando Valley that didn’t have a permit. Officers say that one dispensary was even recording thousands and thousands of dollars in profits, which is illegal under state law. State law says that dispensaries must operate as nonprofit organizations.

As we’ve been saying for years, regulation is good. It helps to form a bond within this industry. It helps us to fight for the rights that have been granted to us by the state of California. But a total ban is completely uncalled for and unjust.

What officials fail to realize is that patients won’t be prevented from getting their hands on the drug if these shops are shut down. They’ll be forced to be purchase it on the street, from real criminals, endangering our entire city, state, economy and safety.
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February 29, 2012

Bakersfield Medical Marijuana Again Put to a Vote

By Cannabis Law Group

As supporters of medical marijuana in Bakersfield have battled with county leaders about allowing medical marijuana cooperatives to operate, they have now decided to let voters decide, Bakersfieldnow.com is reporting.

Cities and counties throughout California have struggled with these issues. Even though voters approved medical marijuana in 1996, some leaders believe more votes are necessary. Our Marijuana Lawyer Blog recently reported that supporters are seeking a ballot initiative that would create state regulation in the hopes that it would keep federal authorities away.

Los Angeles medical marijuana attorneys understand that this is a time of conflict for this industry. Government leaders are attempting to figure out how best to deal with the pressure coming from the feds, while businesses are just trying to stay open. Meanwhile, patients who need this medicine to dull the pain of their ailments just want to find a place where they can buy this medicine.

Medical marijuana in Los Angeles has come under fire from several angles and many are hopeful that as the dust settles, people can get back to business as usual, following state law.

In Kern County, leaders are putting a question on the ballot in June that may give some clarity to how the county will handle medical marijuana dispensaries and cooperatives. Advocates are hoping they can get the county to reconsider. The move could limit where marijuana cooperatives could be located throughout the county.

Last year, county leaders passed an ordinance banning medical marijuana dispensaries and the sale of medical marijuana edibles. But advocates of the medical marijuana industry blocked the ban by collecting enough signatures to overturn the ban.

Recently, county leaders rescinded the ordinance and decided instead to create a new ordinance. This one would limit where dispensaries could be located. It would move them only to industrial zones and would have to be at least one mile from churches, schools, parks, day cares and other dispensaries.

The new ordinance will also be put on the ballot so voters can decide if this is a good idea. If voters reject the new ordinance, county leaders say cooperatives would be completely banned from the county. Advocates believe they can defeat this ordinance as well.

No other industry has similar conditions. Pharmacies are on every block and they dole out far more dangerous and addictive drugs. Yet, they are allowed to operate how they please. But medical marijuana shops are now sent to operate in warehouse districts. Something isn’t fair about that situation.

Yet many cities and counties have taken such drastic measures. Los Angeles city leaders are expected soon to vote on a complete ban of dispensaries. So, even though state law allows it, city leaders are going around the law time and time again. This is why these businesses require sound legal advice from an experienced Los Angeles medical marijuana attorney. These issues could have a long-standing impact on how this industry operates and they must be properly litigated.
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February 20, 2012

Riverside Asks Feds For Help Enforcing Medical Marijuana Laws

By Cannabis Law Group

More bad news out of Riverside.

As we previously reported on our Marijuana Lawyer Blog, a case out of Riverside will go to the California Supreme Court to determine if cities and counties can legally ban medical marijuana dispensaries.

Now, as if that wasn’t enough of an assault on the medical marijuana industry, The Press-Enterprise is reporting that city leaders have reached out to federal authorities to help enforce medical marijuana restrictions there.

Medical marijuana in Riverside is a hotbed of controversy, much like in other places throughout the state. Despite voters making it known that they wanted medical marijuana to be an option as pain medication in 1996, cities and counties have decided to try to go against the will of the people.

Our Riverside medical marijuana lawyers have been able to represent many Riverside medical marijuana dispensaries, collectives and patients who have been caught up in this political nightmare. All of these groups have rights under state law that must be upheld.

In Riverside, as if the mounting pressure from the federal government wasn’t already enough, city leaders have decided to specifically asked federal prosecutors to enforce the government’s marijuana ban in their city.

In Riverside, medical marijuana dispensaries have been forbidden by local zoning laws.
Since 2010, the city has sought to shut down businesses by filing civil lawsuits against them. The city brags they have shut down about 30 small businesses this way.

Even though medical marijuana is legal under California law, city leaders have decided they don’t want to help patients who may require this medication to help stop the pain from debilitating illnesses. The major conflict comes with federal law, which states that all marijuana is illegal.

Local dispensaries have been shut down in recent weeks and prosecutors have sent out warning letters in an attempt to intimidate businesses. Federal authorities have said they will file civil or criminal actions against operators as well as landlords who provide office space.

City leaders have decided they want this to happen in Riverside. Despite a court case that is still pending that determines whether any of this action is legal or not, they are trying to rid the city of these businesses before the court case is decided. Using misstated facts, the city attorney and police chief told federal prosecutors that the businesses are for profit and attract crime. I guess they must want every convenience store or late-night business shut down as well.

City leaders are begging for federal help because federal authorities carry certain authority, such as seizing assets, that local law enforcement cannot do. The crackdown on legally operating medical marijuana dispensaries is causing patients to seek illegal sources for their medication.

In essence, while law enforcement agents believe they are stopping crime by involving the government and shutting down these businesses, they are actually encouraging crime. Medical marijuana patients have chosen this form of medication because it’s often less expensive and has fewer side effects. But authorities continue trying to stop this industry from thriving for no justifiable reason.
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February 17, 2012

Study: Smoking Medical Marijuana in Los Angeles Leads to Crashes

By Cannabis Law Group

The Los Angeles Times recently reported a new study found that smoking pot and driving makes a person twice as likely to get into a vehicle accident.

And while some accidents or even arrests for DUI in Los Angeles are tied to smoking marijuana, law enforcement often has a hard time properly determining whether a person is under the influence of drugs while driving. A medical marijuana DUI should be scrutinized for many reasons.

For one, as Los Angeles medical marijuana lawyers have successfully pointed out in the past, marijuana can stay in a person’s system for weeks or months, depending on many factors, including the amount that was smoked, the person’s age, body type and other things.

There are other reasons as well that these charges should be viewed with skepticism. Law enforcement officers are woefully under-trained to determine if a person has been driving under the influence of drugs. While officers are abundantly trained to figure out if a driver has been drinking alcohol, drugs don’t always have the same effect on people. One person may react differently to drugs than another.

The major problem in California is that medical marijuana is legal for users who have prescriptions and are legally allowed to use it. So, where does taking your medicine and driving your vehicle cross the line into illegal activity? These are questions that must be raised.

Someone charged with driving under the influence of medical marijuana should fight the charge vigorously. DUI laws are strict in California and can lead to major penalties, including jail time, fines and fees, a driver’s license suspension and other obligations.

According to the news article, a recent Canadian study found that previous research on the topic have returned mixed results. Some scientists found that marijuana use was responsible for more crashes, while others found it actually created a lower risk for vehicle accidents.

The study looked at nearly 50,000 drivers who had been treated for injuries following a vehicle accident or who had been involved in a crash that was fatal. The crashes involved at least one moving vehicle on public roads. According to blood testing or self-reporting, evidence of marijuana was found in some of the cases.

The researchers grouped results from nine studies, finding that the risk of driving under the influence of accident while using marijuana was almost twice as much as those who had no substances in their system. The risk was increased when drivers used marijuana hours before the crash. Other studies found the risk of having a collision while under the influence of marijuana was actually lower than that of a sober driver.

Mostly, studies like this just serve to confuse people and put out misinformation about the truth. The bottom line is that there has been no conclusion about how risky it is to drive after smoking marijuana. The bigger issue is that people who are prescribed medical marijuana shouldn’t be punished simply for trying to cure their pain. Just because marijuana may be more controversial than narcotic pain pills, patients shouldn’t be treated differently.
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February 15, 2012

Los Angeles Medical Marijuana Testing May Be Newest Area to Come Under Fire

By Cannabis Law Group

A recent Los Angeles Times article looks at the industry of testing marijuana to determine if it is medical quality and opines that this may be the next area of the Los Angeles medical marijuana industry to take heat from the government.

Los Angeles medical marijuana lawyers understand that medical marijuana testing, while unregulated, is important to ensure this industry is viewed as legitimate by others throughout the state.

Ever since voters in 1996 overwhelmingly said they wanted medical marijuana as an available option for those with ailments and illnesses, the industry has had many detractors. Soon, government officials became involved in the process of trying to put more pressure on medical marijuana dispensaries and collectives.

According to the news article, private labs that test marijuana are a new industry in California, one that uses the high-pressure liquid chromatograph to determine what ingredients or contaminants may be in the samples. Dozens have opened in recent years to try to test what is inside this form of medicine.

The idea around the industry is that because marijuana dispensaries often post their menus online, where licensed users can shop to get the most potent form of marijuana for the money they’re spending, these dispensaries should have proof to show what’s inside their weed. Because pharmaceutical companies are required to undergo testing and prove the amount of ingredients in their pills, the marijuana industry should as well.

However, because all marijuana possession is illegal under federal law — which contradicts California state law — these labs, too, are vulnerable for prosecution, just like growers and dispensaries. The newspaper reports that a lab in Colorado attempted to get a license from the Drug Enforcement Administration and was raided by federal agents.

The same week, Los Angeles city leaders told dispensaries they had to test their marijuana by independent labs that were also certified, though it’s unclear who is supposed to provide certification. Also, there are no federal standards for what level of pesticides are allowable in marijuana, as it’s considered contraband.

Some of these lab workers have banded together to form an association in an attempt to create guidelines, standards and methods. They are hopeful, the newspaper reports, of advancing the science of their work to include figuring out how marijuana actually produces its physiological and psychological effects on users.

Many in the medical marijuana industry will welcome these new developments, as it could be another step toward legitimizing this field in the minds of those who are opposed to it. At the same time, with labs largely unregulated themselves, putting stock in the results they produce could be difficult.

These are the growing pains of a fairly new industry. Los Angeles medical marijuana lawyers are fully prepared to represent those involved in this growing field, whether businesses or users. As law enforcement officers attempt to make arrests and federal authorities try to crack down, these people require sound legal advice and representation.
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February 13, 2012

Former State Senator Says Los Angeles Medical Marijuana Should Be For-Profit

By Cannabis Law Group

A former state senator who was instrumental in writing the 2003 SB 420 that defined how Los Angeles medical marijuana would be cultivated and dispensed now says it was never meant to be a non-profit venture.

Former State Sen. John Vasconcellos recently wrote a letter stating that lawmakers never intended for the medical marijuana industry to be stuck in a place where they couldn’t make money. The debate over medical marijuana is one in which many different interest groups have become involved, and among the major points by those opposed to the movement is that the industry shouldn’t be for-profit.

As pointed out in the letter, however, the legislative intent was not that medical marijuana dispensaries and collectives be restricted in this way. Los Angeles medical marijuana attorneys don’t think it makes sense to create an industry and then not allow businesses to make a profit.

While there has been much made about this issue, it is among the more minor problems that industry officials have been dealing with. Federal pressure has led to many dispensaries shutting down and local government leaders have been hesitant to extend permits and licensing to people in the industry as a result.

An LA Weekly article recently reported on the senator’s letter, stating that he wrote the letter intended to clarify the spirit of the law and what lawmakers hoped to accomplish by writing it seven years after citizens voted to allow the legalization of marijuana. He wrote that the bill wasn’t designed to “authorize any individual or group to cultivate or distribute marijuana for profit.”

The language wasn’t intended to specifically ban people from making a profit off of medical marijuana. He called the people who have harped on this point using a “marked misinterpretation of the language” to support their views. He said lawmakers from both sides of the aisle looked at all the arguments for and against making it a for-profit industry when writing up the law.

He said the law would have clearly stated that medical marijuana workers couldn’t make a profit if that were the intention of lawmakers. The matter of collectives and cooperatives are actually governed by a separate section of the law and it doesn’t mention profit or not-for-profit language at all. The area that has the language in question actually applies to activity of individual patients, caregivers and others who provide assistance to people who use medical marijuana.

It’s surprising that nine years after the law went into effect, lawmakers have stood by as this issue continues to be a problem in the industry. Perhaps it takes retiring to speak out against problems of a political nature.

But, the LA Weekly article says the point could be moot as cities and counties rush to ban pot shops even as industry leaders attempt to put together a ballot initiative that would help regulate the 16-year-old industry. Changes are moving fast and that’s even more of a reason to have legal representation. The voters want medical marijuana in California and our Los Angeles medical marijuana attorneys will fight for it.
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