Central Coast Cities Pass Emergency Ordinance
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It looks like the central coast is still on its right wing horse. The Hollister and Monterey City Council's have both approved different versions of an emergency moratorium…Monterey's city manager stated that its simply to give the city the time to develop a policy on medical marijuana collectives.
I'm not sure how many medical marijuana card patients their are on the central coast…but I'm sure its far more than the two marijuana collectives that currently exist and are now being closed could handle.
The state of California needs to get its act and together protect the medical marijuana patients rights…
California passed laws in the last few years allowing for what is called medicinal marijuana for people with terminal illnesses and or conditions that bring constant pain like Multiple Sclerosis, Crohns disease, Fibromyalgia, and leukemia. These people have gotten the medical prescription from a licensed medical facility and have complete medical documentation of their need of this medication. They are not subsidised by Medicare or HMO coverage in the purchase of this medication.
Things were seemingly going fine with the medicinal marijuana laws when suddenly this month the federal govenrnment has sworn out affadavits and warrants not for the legal prescription holders but for the owners of the medicinal marijuana distribution centers. Also for the managers and employees saying that they are violating federal laws pertaining to the transport and posession of marijuana for sale. They are revoking their business licenses and shutting down their businesses. Jailing the owners because they are not prescription holders and because they are selling marijuana.
The following is an article taken from the local newspaper in the Coachella Valley
As reported on thedesertsun.com, Stacy Hochanadel, owner of the CannaHelp dispensary in Palm Desert, and James Campbell and John Bednar, managers at the dispensary, have been charged with three felony counts each on suspicion of possession, sale and transportation of marijuana and “keeping a place to sell controlled substances.”
The three turned themselves in Monday at the Riverside County Jail in Indio, where their bails were set at $50,000 each.
They are scheduled to appear in court this morning.
Under California state law, medical use of marijuana is allowed for patients with a doctor's letter of recommendation but the drug cannot be sold for profit.
Federal law bans all use, cultivation or sale of the drug.
Hochanadel's wife, Shana, said in a phone interview the family's income is “nothing near” the amounts claimed. She and Hochanadel have three daughters.
“It's not true because I am the one who he gives the money to so I can pay our bills,” Shana Hochanadel said in a phone interview Monday. “We're living in a rundown home and if we had all this money our bills would be paid and our house would be fixed.”
The dispensary at 73-350 El Paseo remains open, staffed by employees and volunteers.
The warrant for Hochanadel's arrest details the findings of the Riverside County Sheriff's Department investigation of CannaHelp's business operations and profits following a search and seizure raid on Dec. 1.
The warrant signed by sheriff's Investigator Robert Garcia claims:
Hochanadel said the business, which operates with a city-issued business license, grossed about $1.6 million in its first year of operation, from October 2005 to October 2006. Expected profits for 2006 are $1.7 million.
The business grosses about $40,000 a week, half of which goes toward expenses, including buying medical marijuana, paying employees and paying taxes. The remaining $20,000 is split between Hochanadel, Campbell and Bednar, with Hochanadel getting half and the two mangers getting 25 percent a piece.
Records for the week of Nov. 3-9 show Hochanadel received more than $10,000 in pay, while Campbell and Bednar received more than $5,000 each. All staff members are paid in cash.
Hochanadel said he puts $8,000 a week back into the business to keep prices low for patients, but the available records do not show this.
Employees at the dispensary said they are paid $350 to $400 a week.
The dispensary purchases marijuana from patients and vendors, and sells it at a markup of 20 to 90 percent.
I fail to believe that the federal government has an interest in seeing sick people suffering with out their medicine. Because the prescribed users are now protected by the laws that have been put in place they are weaseling their way around the law by federally prosecuting dispensaries that are acting in the capacity as pharmacists to these ill and terminal patients who rely on them for this medication. Why if it is legal for the prescribed recipients to possess and use is it not legal to provide an avenue for them to continue receiving their prescribed medicine instead of forcing them out into the streets to purchase their medication illegally and put them in danger of being arrested themselves. I don't think this is what California voters intended.
Tags: medical marijuana
Medical Marijuana and Depression
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Clinical depression is a very serious illness. People with this condition have long-term, often debilitating feelings of sadness and low self-esteem. Depression makes ordinary tasks such as going to work, cooking, cleaning, even personal hygiene, very difficult. Researchers have found that low doses of medical marijuana increased serotonin levels in the brain, which helps to improve mood.
When I was speaking with my doctor about the different medication that were available to me (and I asked him for a marijuana recommendation) he had suggested that I speak with Marijuana Medicine Evaluation Centers to see if their doctor might be able to help.
They were… and my quality of life has improved dramatically since I found my local marijuana collective on Weed Maps.
The Controversial Medical Marijuana Topic
Medical Marijuana continues to rear its head in the political arena. It’s an emotionally charged issue on both sides, and among some people, “them’s fightin’ words”. Of course, there are also the people who don’t seem to really care one way or the other. The ones who figure it doesn’t affect them, so why should they waste time thinking about it? Maybe you’re one of them.
Pay Attention, Big Brother is Talking
Something that fascinates me is that many of the people most vehemently opposed to it have no experience with a chronic or terminal illness, or marijuana. They often think they have all the facts about marijuana, but what they usually have is something from the government’s anti-marijuana propaganda.
I am a leukemia survivor who did two years of chemotherapy as a medical marijuana practitioner. I’m not looking to debate or argue, just to share my experience in hopes that people might pause to reconsider their stance, maybe even change their minds.
Come Walk in My Shoes?
Leukemia is cancer of the blood. In addition to the chemotherapy, I also had nearly three weeks of brain radiation. There are no words to adequately express how it felt. I had no idea a human being could be so miserable. Once, I vomited for nearly six hours. Of course, I emptied out quickly and most of that time was spent dry heaving. Unless you have experienced this, you don’t know how bad it hurts. I was gulping water between heaves, hoping that having something to bring up might ease the pain. It didn’t.
Brain radiation sucks all your strength. By the end of the treatments, I wasn’t able to be on my feet and moving more than an hour a day. And that’s a total of the five minutes here and five minutes there involved in getting to the next radiation treatment, getting water, and getting to the restroom.
Chemotherapy is an “umbrella” word that covers a wide variety of anti-cancer medications. Depending on the medication, chemo may be administered orally (through the mouth), intravenously (through the vein), intrathecally (through the spine, to make sure it gets to your brain), subcutaneously (injected into the skin), and in a few situations, as a topical (on the surface of the skin) cream.
You have no idea how your body will react and it can be different each time. The methotrexate that made you swell up and vomit for six hours the last time you took it, might just give you seizures today. In fact, why don’t we take a look at some of the side effects for methotrexate?
• Thinned or brittle hair
• Loss of appetite or weight
• Mouth blisters
• Fatigue
• Painful urination
• Red urine
• Black, tarry stools
• Unusual bleeding or bruising
• Congestion
• Fever
• Dizziness
• Chills
• Shortness of breath
• Sore throat
• Swelling of the feet or ankles
• Vomiting
• Pain in the joints
• Seizures
• Severe skin rash
• Dry cough
• Diarrhea
• Nausea
• Stomach pain
• Weakness
• Yellowness of skin or eyes
• Enlargement of the lymph nodes
• Decreased number of blood cells in the bone marrow
• Cancerous Lymphomas
• Severe damage to the liver, kidney, lungs and gastrointestinal tract (sometimes fatal)
If I may be so bold as to quote myself from another article I wrote on this topic:
“I think they should just make a generic label for chemo meds, something like the warning on cigarette packages: A warning from the Surgeon General: We have no idea what the hell will happen to you when you take these pills. Best wishes and good luck.”
One of the most common arguments against medical use of marijuana is the “potential side effects”. That seems kind of a joke next to the side effects from chemotherapy. I suppose it’s because chemotherapy is legal. Does that make sense to you?
What are the side effects of marijuana anyway?
1. Drowsiness/sleepiness
Trust me, with the insomnia induced from brain radiation, chemotherapy drugs, and the stress of wondering if you’ll survive the chemo, never mind the cancer, you will come to appreciate the drowsiness it offers.
2. Temporary problems with short-term memory
“Short-term memory? What’s that?” asked the woman who had her brain microwaved for three weeks. Someone did suggest to me that I drown my miseries in alcohol, but the more I thought about it, the less sense it made.
With marijuana, you sometimes forget what you went to the other room to grab. With alcohol, you sometimes forget where you live, what color car you own and where you left it, and that you are married.
3. Increased appetite
Nausea and loss of appetite are two of the most common side effects of chemotherapy. In addition to the increased appetite, marijuana controls nausea. It’s a double whammy bonus that can make the critical difference in how your treatment goes. If you don’t eat, you have no strength, if you force yourself to eat but then throw it up, you still have no strength.
This may very well be the greatest benefit of marijuana during chemotherapy. You need to be taking in enough calories for your body to do its normal functions, to fight the cancer, and to perpetually heal itself from the side effects of the chemotherapy. It’s a downhill domino effect, unless you can find a way to hold down food. Marijuana provides that way.
4. A calming effect
Well, you’re in the hospital, on your deathbed, putting toxic waste in your body to fight the cancer that’s trying to kill you. Your whole life is on hold, your kids are in someone else’s hands, you are too weak to even move yourself, and the crazy treatments that you are taking are just as likely (or more likely) to kill you than the cancer is. What’s there to be freaked out about?
Sure, I could have asked for a Valium or something, but why should I have to take another laboratory-created chemical pill when I can use a natural herb that addresses not only the nerve issues, but most of the other side effects as well? Before the horrible Leukemia adventure, I didn’t even take aspirin.
In the final analysis, isn’t it my body? Shouldn’t I have the right to choose what I want to put in it? How I want to cope with my own personal pain? Why should a natural herbal choice cause so much commotion? Does anyone lobby against the herbal teas that claim to put you to sleep?
More Pot Propaganda
Right about now conventional anti-marijuana wisdom will step up to say that it’s not regulated, and therefore I may possibly harm myself with an overdose. No person in history has ever died of a marijuana overdose. Not one. You can’t kill yourself with marijuana, even if you try really, really hard. The most that will happen to you is that you’ll fall asleep after eating one more cookie that you didn’t really need.
It’s not like alcohol and the often fatal alcohol-poisoning that comes from legally overdosing on that at the local bar. Of course, not all alcohol overdose ends in death for the drinker, there are also all those cases of the ones who make it out of the bar and onto the road, where they cross over the double line and kill innocent people who on their way home from the grocery store.
Smoking is Bad for You!
This is a true statement. But it should be noted that tobacco cigarettes are far more dangerous than marijuana cigarettes, have no medicinal value whatsoever, on the contrary, they are responsible directly or indirectly for the majority of deaths in the United States, yet they are completely legal. But that's a conversation for another day.
It is not necessary to smoke marijuana to reap its benefits. Marijuana is an herb, and like most other herbs that you have ever heard of, it's edible. There are lots of marijuana recipes out there, but people seem to be familiar with the marijuana brownie. Those work, and work well.
I have a friend who was fading away from lung cancer. He was ready to give up, tired of living weak and defeated. He had heard about marijuana helping with chemo, but didn't know there was a way around smoking it. His wife learned how to make marijuana cookies and everything turned around. He experienced the appetite increase, ate better than he had in months, and got stronger everyday. And he felt a lot better. These positive changes encouraged him to keep fighting; suddenly the battle didn't seem quite over. Last time I saw him, he looked more like a triathlete than a cancer patient.
It’s Against the Law!
This is also a true statement; it is indeed against federal law to use marijuana for any purpose at all, including medical. At one point in time, it was against the law for a woman or person of color to vote, or for a person with a dark skin to drink from the same water fountain as a person with fair skin. Just because a law is in place, does not mean it is a just law.
Before the prohibition, there was no law against alcohol. Then the prohibition became a law. Then after organized crime found their place in the world—thanks to the prohibition, the prohibition law was repealed. Laws can be changed, and it is obvious that many should be.
Why Should You Care?
When discussing the legalities of marijuana as medicine, it is important to remember that we are not talking about some abstract legislation that affects people who want a permit to go duck hunting in their bare feet on volcano peaks. We are talking about the government telling you what you can and cannot do to deal with the potentially fatal illness that you are dealing with. We are talking about the government wanting to lock sick people in jail for wanting relief from their sufferings. We are talking about the government threatening to arrest and jail your doctor if he suggests that marijuana, an herb (like chamomile) that you can grow for free (pharmaceutical companies don’t like that) in your backyard, might help you to feel better.
Maybe you are still thinking, so what? It’s not my problem, I don’t have cancer. It’s very easy to be apathetic about something that you don’t think affects you, but statistics say that one in three people will receive a cancer diagnosis in their lifetime. That’s a big percentage of the population.
If you are one of the lucky ones who fall in the other two-thirds, consider the fact that you will definitely be the spouse, child, sibling, parent, other family member, co-worker, or friend of a cancer patient. Sometimes I think it might be worse to have to watch someone you love suffer.
Please don’t misunderstand me, I’m not asking anyone to mandate that every sick person use marijuana. I’m not asking you to take marijuana. All I’m saying is that when it’s you or someone you love going through it, you are going to want all options open. It’s all about options and personal choice. It’s about the government not poking their nose in your medical records and harassing you while you are dying.
So it is about you. And you. And you. And me. We’re all in this together. And we’ve only covered the benefits for chemotherapy patients. We haven’t even got a chance to hear from all the others. I’ll have to step down off my soapbox now and clear the way for one of them. I know what I’ve heard, but I haven’t had glaucoma, or anorexia, or…
If you’re one of those people who feel that I ought to be in jail for surviving leukemia with a little herbal assistance, please think about your position. Don’t wait until it’s too late to see that the grass really is greener on the other side. The side that cares about your right to dignity, relief, and freedom while you are ill. No one should have to fight cancer and their own government at the same time.
Tags: Marijuana and Depression
L.A. Marijuana Collectives …
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Well it looks like there will be a thinning of the heard regarding the medical marijuana collectives in L.A. County…1/19/2010 the L.A. City Council has just voted to give preliminary approval to shut down hundreds of legal marijuana collectives in L.A. County. The upside is that while there may be fewer places to go get your medicine, at least if you have your medical marijuana card you will to still have 70 places to choose from in L.A. County
Despite the strong voter support and health advocates for the legalization of medical marijuana, the Congress still holds the power to decide if states will be able to legalize the drug. Many Americans do not feel that this is fair, however, the Congress can prohibit the drug’s legalization according to the United States Constitution, the U.S. House of Representative and Supreme Court votes, and the Controlled Substance Act.
Medical marijuana use has proven to be effective in many patients suffering terminal and painful diseases. People who undergo pain from illnesses such as HIV/AIDS, glaucoma, cancer, multiple sclerosis, chronic pain and epilepsy have found medicinal marijuana extremely helpful in the treatment of their symptoms. According to the Drug Policy Alliance, during the year 1999, the most comprehensive study of medical marijuana’s effectiveness to date by the Institute of Medicine, concluded, “Nausea, appetite loss, pain and anxiety…all can be mitigated by marijuana.” This statement opened the doors for many people in over 26 states to support the legalization of the drug. However, despite the strong support for the legalization, Congress still holds firm that they will not allow the legalization without their approval, regardless of the majority of Americans who have voted to legalize the drug.
In July of 1787, five members of the Committee of Detail began arranging and preparing the United States Constitution. This Committee was in favor of allowing the United States Constitution to have “essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable which ought to be accommodated to times and events.”
During their task they were able to enumerate 18 powers for Congress, the 18th power being the “Elastic Clause.” This clause gave Congress the complete authority “to make all laws that shall be necessary for carrying into execution the foregoing powers vested by this Constitution in the Government of the United States.” The Committee decided that along with the decision to enforce the “Elastic Clause” they would also implement the “Supremacy Clause”.
According to article VI, Paragraph 2 of the United States Constitution the “Supremacy Clause” states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.”
This portion of the United State Constitution solidifies the fact that everyone must follow the federal law even if it conflicts with state law. Valid state laws or court orders cannot override the federal law because the United States Constitution clearly states that federal law is supreme to anything in the Constitution or laws from any state to the contrary notwithstanding. These two clauses make it nearly impossible for a state to legalize medical marijuana without authority from the U.S. Congress.
June 14, 2005 lawmakers of the House of Representatives voted 161-264 against a law stating that the federal government could not prosecute patients who use medical marijuana under a physician’s orders in states that allow the practice. The Congress could have had the opportunity to prohibit the Justice Department from spending money to undermine state medical marijuana laws, however, the 161 votes for the bill did not pass even though it was the most votes that had ever been received during the past three years that the amendment has been offered. This vote came one week after a 6-3 ruling by the Supreme Court that the federal government can still enforce national anti-drug laws in the states that allow medical marijuana uses. This decision ultimately gave Congress the right to regulate and decide about medical marijuana use regardless of state laws.
Many people have opposing views on the Supreme Court and House of Representatives’ decisions; however, their arguments have not won. Several of the lawmakers believed that allowing states to set their own medication policy would undermine the Food and Drug Administration, which has the responsibility of approving new drugs and monitoring their safety.
These federal laws continue to be in effect regardless of the 99% of arrests made from marijuana use at the state and local levels. The current states that successfully remove state-level criminal penalties for growing and or possessing medical marijuana include: Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington. The most recent passing of a medical marijuana bill would be the state of Rhode Island. In 1998, District of Columbia voters were 69% in favor of approving a medical marijuana initiative, however, the Congress was able to void the results because the District of Columbia is a federal district and not a state.
The use of medical marijuana is considered one of the most supported social issues in the drug policy reform. According to a 1999 Gallop poll, 73% of Americans were in favor of marijuana being legal if prescribed by a doctor to reduce pain and suffering associated with severe illnesses; and in a 2004 poll arranged by AARP, 72% of Americans ages 45 and older were in favor of marijuana being legalized for medicinal purposes. However, Congress refuses to give up their power to decide what laws can be effective.
The Controlled Substance Act is another way that the federal government fights drug abuse. According to The Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, “The law is a consolidation of numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances.”
This act makes it very clear that Congress must control and distribute any and all drugs in the best interest of the public. Marijuana is considered to be a Schedule I substance, which is defined as having a high potential for abuse and no medicinal value. However, scientific research contradicts this statement due to the fact that marijuana has been proven to have positive medicinal effects on patients. There have been many petitions in favor of rescheduling marijuana submitted to the Food and Drug Administration over the last 30 years. However, the most recent petition submitted in 2002, by the Coalition for Rescheduling Cannabis, still hasn’t received any responses from the administration.
So, does Congress have the authority to prevent states from legalizing marijuana use for medicinal purposes? The answer is yes. The United States Constitution clearly states that the Congress has the right to override anything in the U.S. Constitution or from any state. The Supreme Court and House of Representatives final votes as well as the Federal laws that back them up solidify their rights to do so. Should America continue to fight against these prohibitions? Yes! Americans should. If the American people continue to stand up for what they believe in and continue to fight for those who need medicinal marijuana the most, there is no limit to what the future of medicine can achieve.
Tags: medical marijuana
Medical Marijuana Recommendations Are Helping Patients in California
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On the surface, it certainly seemed like a good idea. AIDS and cancer patients found that marijuana greatly helped their pain and nausea. So why not legalize it? United Methodist Church minister, Scott Imler, felt it was the compassionate thing to do, and worked diligently to pass Proposition 215, which would legalize medical marijuana in California. That was eleven years ago, and Imler is not so sure now, after witnessing the abuses that have occurred. His hope was that medical marijuana would be dispensed from pharmacies, to those who truly needed it. But instead, the law resulted in “pot dealers in storefronts.” A doctor's note is all that is needed to obtain the drug, and those are quite easy to acquire.
On the 60 Minutes television program, (September, 2007-updated December, 2007), journalist Morley Safer, referred to what has happened as “the law of unintended consequences.” Reverend Imler agreed that many people are using medical marijuana, not for pain control, but to get high. It was supposed to be highly regulated, and only distributed to the seriously ill. But Imler explained that as the law was being written, many groups came out of the woodwork, wanting to be included as legal users. “They all have their lobbies. The kidney patient and the heart patient,” said Imler. That resulted in a comprehensive law that covered everyone in pain. There were no clear restrictions on the type of pain. The wording in the law specified, that in addition to AIDS and cancer, medical marijuana would be legal for “…any other illness for which marijuana provides relief.” That led to easy access to a doctor's note, and lots of storefront medical marijuana “clubs.” Reverend Imler indicated that the amount of money that passes through the storefronts is “just ridiculous.”
The original idea for the formation of the “clubs”, was for patients to grow the cannabis, with the intent of dispensing it to other members, for the sole purpose of medical marijuana use. But Imler reported that most of the cannabis “clubs” are buying their marijuana from the black market, thereby giving millions to criminals.
Under federal law, medical marijuana is still illegal, and many of the storefronts have been raided by the U. S. Drug Enforcement Agency. Closing down the dispensaries helps rid the state of those who are abusing the law, but it also leaves patients that truly need the drug, without a “reputable” source. The shop owners refer to themselves as “caregivers”, while the DEA calls them criminals. Hundreds of these medical marijuana neighborhood pot shops are throughout the state, with over 400 open for business in Southern California.
Don Duncan owns 3 dispensaries, and states that his main objective is to help the seriously ill. Not long after the 60 Minutes interview, the DEA raided one of his shops. There were no arrests, but the marijuana was confiscated, and the place was turned upside down.
Another dispensary owner, hip hop artist Luke Scarmazzo, was also raided by the DEA, and he faces a minimum of 20 years, and a maximum of life in prison, if found guilty of drug conspiracy. Scarmazzo acknowledges that business was great. In Modesto, he's sold $4.5 million dollars worth of medical marijuana, in two years. He reports that he took home $13,000 a month salary. (He denies being a drug dealer.)
It's difficult to imagine that on a typical day in California, with a doctor's note, you can visit the quaint little pot shop on the corner, and sample pies, cookies, and chocolate milk, all containing the drug, or you can purchase it in other forms also. Many patients smoke it for relief of arthritis, a torn ligament, or anxiety. It's not unusual to see a gathering of people socializing in the medical marijuana storefronts.
Television station, KCBS, did an undercover report at a Los Angeles clinic. They found the waiting room full of young people, laughing about what ailment they would invent, to receive their note for medicinal marijuana. After a brief visit with the doctor, James Eisenberg, 3 of the 4 healthy people sent in by the TV station, obtained their notes. The cost of the consultation was $175.00. One 17 year old was turned down for being underage. But the complaints of the other 3 were hair loss, dry skin, and high heel pain. Yes, that's correct–one girl said her high heels hurt her feet, and was given a note for medical marijuana. Overly compliant doctors are a large part of the problem, but the way the law is written, it's not illegal for them to prescribe marijuana for relief from any type of pain.
California is only one of a dozen states to legalize medical marijuana. It's clear to see that many abuses are occurring. Reverend Scott Imler feels that it's time for the federal government to legalize marijuana, and then properly control its use. (However, that will probably be impossible to do.) He argues, “Until that happens, we're gonna have what we have now, which is chaos.”
Sources: http://www.themarijuanaforum.com/forum/showthread.php?t=407
http://www.cbsnews.com/stories/2007/09/20/60minutes/main3281715.shtml
Tags: medical marijuana
