Cannabis Patient Voice ™

LA Rapidly Moves Forward To Ban Dispensaries

2012-01-27T12:13:00.000-08:00

To:  ALL Medical Cannabis Patients & Caregivers Who Are Members Of
Collectives Within Los Angeles City Limits

From:  Patient Advocacy Network

RE: Los Angeles City Council Rapidly Moves Forward To Ban Dispensaries –
Final Vote As Soon As Tuesday, January 31, 2012

Today the City Planning Commission voted to approve city staff
recommendations (city attorneys, planning department and council staff
[Huizar & Englander – present; Parks & Perry – not present]) to BAN
‘medical marijuana businesses’ in the City of Los Angeles.  The City
Attorney’s office is calling their new law a ‘gentle ban’ because it still
allows for the activities that they think State law intended but bans
storefront medical marijuana dispensaries.

The commission’s vote was transmitted to council today meaning that it
could appear on the next LA City Council agenda for a final vote as soon
as Tuesday, January 31, 2012.

WHO!   WHAT!   WHEN!   WHERE!   HOW!

Who:  ALL members of ALL collectives in LA city limits directly to the LA
City Council

What:   SAVE OUR COLLECTIVES
The LA City Council must hear your voice.  The same 10 – 30 faces have
appeared at City Hall advocating for safe, enforceable regulations for
LA’s dispensaries for the last 6 years.

YOUR VOICE MATTERS!

The only way your voice is counted on any issue in LA is to file a Speaker
Card at the beginning of any council, committee or commission meeting. 
When your name is called, you get 2 minutes to address the council.  When
medical marijuana is not on the agenda, you can speak about the topic
during ‘general public comment.’  When the topic is an agendized item, you
speak your 2 minutes when the item is called to the floor.

When:  This Friday, January 27, 2012, 10:30 a.m.
Tuesday, January 31, 2012, 10:30 a.m. (may be the day Council votes)
Wednesday, February 1, 2012, 10:30 a.m. (if it’s on this agenda instead)
Tuesday, Wednesday, Friday is the council’s weekly meeting schedule

Where:  Los Angeles City Hall, 200 North Spring Street (Downtown), Room
340 Public entrance is on the Main Street side of the building.  Have ID. 
You /your bag go through detection devices, like court.

How:  Never done this before?  Don’t know what to say?
You will state your name and then identify yourself as a constituent or
stakeholder in the city. “I work downtown,” “I live in the Valley,” etc. 
You then want to clearly voice your support or opposition to their
proposal.  “I oppose this ‘gentle ban,’ I support my dispensary,” etc. 
Make your story personal.  “I’m a cancer survivor, veteran… Medical
cannabis helps me…. My collective is so important to me because…. I rely
on more than one collective because….”  Remind them you support or oppose
the proposal and thank them for their time and consideration.   Write it
out, read it out loud, time yourself, edit, repeat.

BE PREPARED!  Prepare a 2-minute and 1-minute version of your comments. 
When a lot of people show up to speak, the council may choose to limit
your time to 1 minute.

Contact PAN if you have any questions.

Our Beloved richard kearns 1951 - 2012

2012-01-23T16:59:00.000-08:00

i shoulda died
longtime ago so
everything troublewise
i conjur is pure
gravy

AIDSwise in dog years
(mad in the noonday)
that’s alotta sauce
even for me . . .

—rk

Richard Kearns, 60, of Los Angeles, long-time AIDS survivor, poet journalist and medical cannabis activist, passed peacefully, on January 12, 2012, with loved-ones at his side.

Mr. Kearns, a native of Chicago, was born May 26, 1951. He received his B.A. in Journalism from Roosevelt University in Chicago, IL, in 1972, and completed additional coursework at Michigan State University and Cornell College in Mt. Vernon, Iowa. Richard worked as a writer, reporter, editor and graphic designer for many publications such as Chicago Today, Gallery Magazine and the Bulletin of the Science Fiction Writers of America. He was also a consultant in professional desktop publishing and taught Journalism at Loyola Marymount University in Los Angeles, CA.

A Nebula Award nominee and graduate of the Clarion Writers’ Workshop, Richard Kearns published numerous short stories including Grave Angels which placed in the 1987 Locus Poll Award for Best Novelette, nominated for the Theodore Sturgeon Memorial Short Story Award and appears in Terry Carr’s Best Science Fiction and Fantasy of the Year. He was also a certified group exercise instructor, personal trainer and Qigong teacher.

Richard was diagnosed as HIV positive in 1987 and considered himself a long-term survivor. His political cultural activism and medical cannabis advocacy were as much a part of his AIDS treatment as was big pharma. Mr. Kearns was the founder and publisher of aids-write.org and AIDSoverSIXTY.org, both journals on HIV/AIDS positive living, LBGT political & cultural activism, art, poetry, and social justice. He served as a founding director of Patient Advocacy Network, a charitable organization advocating for safe medical cannabis laws and patients’ rights. His full bio is available at http://aidsoversixty.wordpress.com/about-rk/.

Richard Kearns is survived by activists, poets, and social justice advocates around the world. A Memorial Event, Poetry Reading & Celebration of the Life of Richard Kearns will be held on Saturday, February 11, 2012, 12 p.m. – 2:30 p.m. (rain or shine) at Kings Road Park at 1000 N. Kings Road, West Hollywood, CA 90069. Attendees are asked to consider wearing red, Richard’s favorite color and, per Richard’s request, to participate in poetry reading and storytelling.

Mr. Kearns requests memorial donations be made to The American Foundation for AIDS Research at http://www.amfar.org/donate/, Being Alive at http://www.beingalivela.org/ and Patient Advocacy Network at http://cannabissaveslives.org/.

Special thanks to West Hollywood Councilmember Jeffrey Prang, the City of West Hollywood, Los Angeles City Councilmember Bill Rosendahl, 29^th Congressional District Candidate David Hernandez, Rev. Patrick Duff, Dr. Linda Bannister of Loyola Marymount University Department of English, Degé Coutee of Patient Advocacy Network, Tere Joyce of Hollywood Hemptress Hour, The Candy Factory of North Hollywood, Wellness Caregivers of Tarzana and La Brea Collective.

Position Paper by Patient Advocacy Network

2011-12-27T13:20:00.000-08:00

There has been much talk from members of Congress and some Governors to "reschedule" marihuana within the Controlled Substances Act. However, what they don't tell you is that moving cannabis to a different schedule does not eliminate any federal criminal jeopardy from patients or their collectives. In some instances the penalties under Schedule III are more harsh than its current Schedule I.

Please educate yourself and share this paper with your legislative officials.

http://www.docstoc.com/docs/109706307/Removing-Cannabis-From-The-Controlled-Substances-Act-Why-Rescheduling-Marihuana-Will-Not--End-The-State-Federal-Conflict-Over-Medical-Cannabis

Contact Los Angeles City Council

2011-11-22T20:26:00.000-08:00

LA City Council may hear an emergency motion to ban collectives in Los Angeles tomorrow. Contact the Council and urge them to work on regulations, prohibition will not work and patients DO NOT want to be pushed back to the black market.

Please send an email or make a phone call before the LA City Council meeting on November 23, 2011.

Here’s the email short-list of all council members and their staff assigned to medical cannabis:

Here’s a detailed list of LA City Councilmember info:

Council District 1

Ed Reyes - councilmember.reyes@lacity.org

200 N. Spring Street, Room 410

Los Angeles, CA 90012

Phone: (213) 473-7001 Fax: (213) 485-8907

Chief of Staff: Jose Gardea

Planning Deputy: Guadalupe Duran Medina - guadalupe.duran.medina@lacity.org

Council District 2

Paul Krekorian - Councilmember.kerkorian@lacity.org

200 N. Spring Street, Room 425

Los Angeles, CA 90012

Phone: (213) 473-7002 Fax: (213) 978-3092

Medical Cannabis Liaison: Nat Hale, Legislative Analyst & Areen Ibranossian

Email: matt.hale@lacity.org, areen.ibranossian@lacity.org

Council District 3

Dennis Zine - councilmember.zine@lacity.org,

200 N. Spring Street, Room 450

Los Angeles, CA 90012 (213) 473-7003

Phone: (213) 485-8988 Fax

Medical Cannabis Liaison: Brian Perry, Legislative Deputy & Jennifer Rivera Email: brian.perry@lacity.org, jennifer.rivera@lacity.org

Council District 4

Tom LaBonge - councilmember.Labonge@lacity.org

200 N. Spring Street, Room 480

Los Angeles, CA 90012

Phone: (213) 485-3337 Fax: (213) 624-7810

Medical Cannabis Liaison: Doug Mensman, Asst. Director of Planning & Lisa Schechter Email: doug.mensman@lacity.org, lisa.schechter@lacity.org

Council District 5

Paul Koretz - Paul.Koretz@lacity.org

200 North Spring Street, Room 440

Los Angeles, CA 90012

Phone: 213-473-7005 Fax: 213-978-2250

Medical Cannabis Liaison: Christopher (Chris) Koontz, Chief Planning Deputy Email: chris.koontz@lacity.org

Council District 6

Tony Cardenas - councilmember.cardenas@lacity.org

200 N. Spring Street Room 455

Los Angeles, CA 90012

Phone: (213) 473-7006 Fax: (213) 847-0549 MMJ

Medical Cannabis Liaison: Miguel Franco, Legislative Deputy Email: miguel.franco@lacity.org

Council District 7

Richard Alarcon - councilmember.alarcon@lacity.org,

200 N. Spring Street, Room 425

Los Angeles, CA 90012

Phone: (213) 847-7777 Fax: (213)847-0707

Medical Cannabis Liaison: Faisal Alserri, Planning Deputy Email: Faisal.Alserri@lacity.org

Council District 8

Bernard Parks - councilmember.parks@lacity.org,

200 N. Spring Street, Room 460

Los Angeles, CA 90012

Phone: 213-473-7008 Fax: 213-485-7683

Medical Cananbis Liaison: Dennis Rodriguez, Planning/Economic Development Deputy & Laura Peralta Email: dennis.rodriguez@lacity.org, laura.peralta@lacity.org

Council District 9

Jan Perry - Jan.Perry@lacity.org

200 N. Spring Street, Room 420

Los Angeles, CA 90012

Phone: (213) 473-7009 Fax: (213) 473-5946

Medical Cannabis Liaison: Stephanie Magnien, Legislative Deputy Email: Stephanie.Magnien@lacity.org

Council District 10

Herb Wesson, Jr. - councilmember.wesson@lacity.org

200 North Spring Street, Room 430

Los Angeles, CA 90012

Phone: (213) 473-7010 Fax: (213) 485-9829

Medical Cannabis Liaison: Michael Bai Email: michael.bai@lacity.org

Council District 11

Bill Rosendahl - councilman.rosendahl@lacity.org

200 N. Spring Street, Room 415

Los Angeles, CA 90012

Phone: (213) 473-7011 Fax: (213) 473-6926

Medical Cannabis Liaison: Arturo Pina, Southern District Director/Venice-Marina Peninsula Deputy Tel. (310) 568-8772 Email: arturo.pina@lacity.org

Council District 12

Mitchell Englander - councilmember.englander@lacity.org,

200 North Spring Street, Room 405

Los Angeles, CA 90012

Phone: (213) 473-7012 Fax: (213) 473-6925

Medical Cannabis Liaison: Phyliss Winger, (Chief Planning Deputy) Email: phyliss.winger@lacity.org

Council District 13

Eric Garcetti - councilmember.garcetti@lacity.org

200 North Spring Street, Room 475

Los Angeles, California 90012

Phone: (213) 473-7013 Fax: (213) 613-0819

Medical Cannabis Liaison: Katherine (Kate) Hennigan, Planning Deputy Email: katherine.hennigan@lacity.org

Council District 14

Jose Huizar - Councilmember.Huizar@lacity.org

200 N. Spring Street, Room 465

Los Angeles, CA 90012

Phone: (213) 473-7014 Fax: (213) 847-0680

Medical Cannabis Liaison: Tara Devine, Director, Planning & Economic Development Email: Tara.Devine@lacity.org

Council District 15

Seat Currently Vacant

200 N. Spring Street, Room 435

Los Angeles, CA 90012

Phone: (213)-473-7015 Fax: (213)-626-5431

If you can attend the meeting:

Los Angeles City Hall

200 North Spring Street, 3rd Floor

Council Chambers

Speaker cards available at the back of the room

***

posted by PAN

Short Video Of Our Visit To Occupy LA

2011-11-03T22:36:00.000-07:00

Write To A Political Prisoner Of Compassion & Conscience

2011-10-27T20:17:00.000-07:00

Prisoner Outreach Workshop

Please write a letter to these patients and caregivers serving federal prison sentences. Learn more at http://cannabissaveslives.org/prisonerhoutreach.html. Some prisoners have been moved so PAN is posting updated addresses here. We will have them updated on the website shortly.

There are good letter writing tips at http://www.prisonerlife.com/tips.cfm. Info on the Bureau of Prisons' policies, etc., can be found at http://bop.gov

Join us live the last Friday of the month at 10 p.m. PST for our virtual letter writing party at http://www.stickam.com/thepotcast.

Note: example, (9/15) denotes prisoner is to be RELEASED September of 2015.

This list is not comprehensive. If you know a patient, caregiver or doctor serving federal prison time for medical marijuana, please forward the information to patientadvocates@riseup.net.

Dustin “DC” Costa 62406-097 (9/18)
USP Florence Admax
U.S. Penitentiary
P.O. Box 8500
Florence, CO 81226

Jonathan M. Chapman 63546-097 (3/14)
FCI Phoenix
Federal Correctional Institution
37910 N. 45th Ave.
Phoenix, AZ 85086

Roger Christie 99279-022 (unknown)
FDC Honolulu
Federal Detention Center
P.O. Box 30080
Honolulu, HI 96820

Tim Dellas 93161-011 (11/15)
Federal Prison Camp
P.O. Box 6000
Sheridan, OR 97378

Marc Scott Emery 40252-086 (7/14)
FCI Yazoo City Medium
Federal Correctional Institution
P.O. Box 5888
Yazoo City, MS 39194

Bryan James Epis 09636-097 (9/16)
FCI Terminal Island
Federal Correctional Institution
P.O. Box 3007
San Pedro, CA 90731

Marion P. Fry 15840-097 (9/15)
FCI Dublin
Federal Correctional Institution
5701 8th St. - Camp Parks
Dublin, CA 94568

Virgil Edward Grant 47375-112 (1/15)
FCI Terminal Island
Federal Correctional Institution
P.O. Box 3007
San Pedro, CA 90731

James Dale Holland 62466-097 (7/13)
FCI Herlong
Federal Correctional Institution
P.O. Box 800
Herlong, CA 96113

Joe Kidwell 08559-033 (11/11)
CCM Nashville
Community Corrections Office
801 Broadway St.
Nashville, TN 37203

Charles Edward Lepp 09636-097 (1/18)
USP Lompoc
U.S. Penitentiary
3901 Klein Blvd.
Lompoc, CA 93436

Richard James Marino 16206-097 (4/12)
CCM Sacramento
Community Correction Office
501 I Street, Suite 9-400
Sacramento, CA 95814

Richard Ruiz Montes 63130-097 (9/25)
Federal Correctional Institution
3600 Guard Road
Lompoc, CA 93436

Van Phong Nguyen 13254-041 (5/23)
FCI Safford
Federal Correctional Institution
P.O. BOX 9000
Safford, AZ 85548

Luke Scarmazzo 63131-097 (4/27)
USP Lompoc
U.S. Penitentiary
3901 Klein Blvd.
Lompoc, CA 93436

Dale C. Schafer 15839-097 (9/15)
CI Taft
Correctional Institution
P.O. Boc 7001
Taft, CA 93268

#####################

Responding To Federal Interference - Petition To Governor Jerry Brown

2011-10-26T15:36:00.000-07:00

On October 7, 2011, U.S. Attorneys announced that they will be enforcing California State's medical cannabis law, as they see fit. Given the amount of tax revenue the State is raking in from the collectives, it is unacceptable for our Governor to continue to be tight-lipped about these attacks.

Supporters of Medical Cannabis throughout California are encouraged to get involved with the Statewide petition drive urging Governor Jerry Brown to demand that the feds halt this attack and he take a more pro-active role in our State's enforcement. We need Governor Brown to be our ally in this. He needs to know that medical cannabis is important to many and not just a few.

In the spirit of fun and appreciation, PAN announced today that prizes will be given to honor those who collect the most signatures. Details and instructions are on the petition. The deadline for submitting petitions to PAN is November 18, 2011.

“Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.”
― Margaret Mead

Posted by Degé Coutee

Images From October 7, 2011, Emergency Response Rally

2011-10-15T01:10:00.000-07:00

Occupy 4:20

2011-10-11T18:55:00.000-07:00

On October 7, 2011, at a press conference in Sacramento, U.S. Attorneys announced its enforcement actions against medical marijuana collectives in California: http://yubanet.com/california/California-39-s-Top-Federal-Law-Enforcement-Officials-Announce-Enforcement-Actions-Against-State-39-s-Widespread-and-Illegal-Marijuana-Industry.php#.To-0NnO1ll1

In solidarity with patient protesters in Sacramento, Patient Advocacy Network held an emergency response rally in downtown Los Angeles. We encountered many activists there who are acting in solidarity with the Occupy Wall St. movement. Our presence was well received and our message heard. Legalizing cannabis and ending the Drug War is part of the solution. Cannabis prohibition is yet another example of government lies, corporate greed and institutionalized racism/classism. Pot smokers are the 99%.

As PAN is a voice for medical marijuana patients’ rights and ending cannabis prohibition we encourage all supporters to Occupy 4:20. Organize peaceful Occupy 4:20 events in your local area: Make signs, make t-shirts, take to the streets and make some noise because the Occupy Wall St. movement understands our message.

Download the attached flyer to educate local activists about the escalated federal attacks on medical marijuana. Use the flyer to promote your local Occupy 4:20 events. Contact Patient Advocacy Network if you want to learn more. Be Safe & Power To The Peaceful.

By: Degé Coutee

How Can Patients Respond to Further Federal Interference? Part I

2011-10-06T00:42:00.000-07:00

The Department of Justice, DEA, IRS and ATF have teamed up to thwart patients’ rights. U.S. Attorneys have issued a new round of threat letters to property owners leasing commercial space to patient collectives. The DEA scoffs at States’ medical cannabis laws, continues to raid collectives, seizes bank accounts and threatens banks that do business with dispensaries. The IRS is going after the largest/oldest collectives for filing false tax returns claiming millions in back taxes are owed. The ATF has announced legally qualified patients under state law have no 2nd Amendment rights.

For your reference, some news links from the last week:
http://www.news10.net/news/article/157615/2/Feds-threaten-marijuana-dispensary-landlords
http://www.bakersfield.com/news/local/x651158529/Feds-stir-the-pot-as-Kern-tries-to-regulate-marijuana
http://www.redwoodtimes.com/garbervillenews/ci_18844525
http://www.registerguard.com/web/newslocalnews/26958813-41/marijuana-agents-federal-plants-medical.html.csp
http://blogs.phoenixnewtimes.com/valleyfever/2011/09/dea_raids_medical_marijuana_cl.php
http://www.sacbee.com/2011/10/01/3951917/feds-seize-bank-accounts-of-2.html
http://www.coloradoconnection.com/news/story.aspx?id=669992
http://bottomline.msnbc.msn.com/_news/2011/10/05/8153459-irs-ruling-strikes-fear-in-medical-marijuana-industry
http://www.nssf.org/share/PDF/ATFOpenLetter092111.pdf

The DEA raided two collectives in California’s Southland October 5, 2011, and U.S Attorneys are expected to make a statement this Friday during a press conference in Sacramento about their ‘new policy’ regarding ‘marijuana distributors.’ The Feds appear poised to launch a coordinated attack geared to shut down as many patient collectives and gardens around the country as possible and make patients fear for their personal safety. While collective directors shoulder most of this stress and burden, the most vulnerable patients are also in the crosshairs. Low income, disabled patients rely on the dispensary system for free medicine, sometimes delivered to their homes.

However, Congress obviously does not hear our voices. We are still a fearful and silent majority. When PAN visited Congressional offices, we were quite surprised to hear that most never had a visit from a qualified patient there to discuss medical cannabis. PAN learned that what we brought to the Congressional table was extremely important to patients’ rights. We also learned that no one advocate, no one organization will sway Congress. We must act in great numbers speaking from our own individual, diverse experiences.

The rest of this series will cover the many ways patients can help change federal law and end federal interference.

Posted by Degé Coutee

AB 1300 Signed

2011-09-12T17:20:00.000-07:00

On August 31, 2011, Governor Jerry Brown signed Assembly Bill 1300. Below is the final version full-text of the bill, which is brief:

Assembly Bill No. 1300

CHAPTER 196

[FILED WITH SECRETARY OF STATE AUGUST 31, 2011
APPROVED BY GOVERNOR AUGUST 31, 2011
PASSED THE SENATE AUGUST 15, 2011
PASSED THE ASSEMBLY JUNE 3, 2011
AMENDED IN ASSEMBLY JUNE 1, 2011
AMENDED IN ASSEMBLY APRIL 27, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011]

INTRODUCED BY Assembly Member Blumenfield FEBRUARY 18, 2011

An act to amend Section 11362.83 of the Health and Safety Code,
relating to medical marijuana.

LEGISLATIVE COUNSEL'S DIGEST

AB 1300, Blumenfield. Medical marijuana.
Existing law establishes the Medical Marijuana Program to exempt certain qualified patients who hold an identification card issued pursuant to the program, and the caregivers of those persons from certain state criminal sanctions related to the possession,
cultivation, transportation, processing, or use of limited amounts of marijuana, as specified. The program prohibits certain entities, including a medical marijuana cooperative or collective, from being located within a 600-foot radius of a school. Existing law also specifically provides that these provisions governing the program do not prevent a city or other local governing body from adopting and enforcing laws consistent with the program. This bill would revise the latter provision described above to additionally provide that these provisions shall not prevent a city or other local governing body from adopting and enforcing local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective, or from the civil or criminal enforcement of those local ordinances.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 11362.83 of the Health and Safety Code is amended to read:
11362.83. Nothing in this article shall prevent a city or other local governing body from adopting and enforcing any of the following:
(a) Adopting local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective.
(b) The civil and criminal enforcement of local ordinances described in subdivision (a).
(c) Enacting other laws consistent with this article.

O

The concern with AB 1300, which takes effect January 1, 2012, is whether cities and counties will interpret the bill as justification to adopt bans on storefront dispensaries. It is reported that while in committee the bill’s author, Assembly Member Bob Blumenfield, 40th District (much of the San Fernando Valley) stated it was not the intent of the bill to address bans, “I’m wary about getting into the issue of bans. I know some folks were asking us to say ‘prohibit’ counties or cities from being able to ban. And some folks were saying ‘mandate’ that they can ban. And I just as soon stay away from that issue and be very narrow in the scope of this bill.”

However, it is yet to be seen how committees, councils and commissions will choose to enact the new bill. Blumenfield struck much stronger language after the bill’s passage. "This is a great victory for communities suffering from rogue dispensaries that create a host of problems," said Blumenfield. "Some dispensaries have been caught selling marijuana to people not authorized to possess it, many intentionally operate in the shadows without any business licensure or under falsified documentation, and some have been the scene of violent crime. This new law will provide a much needed framework for stability after years of struggling with a Wild West, lawlessness…. Since there are virtually no legally binding state requirements on "pot shops," this new law is a first step towards much needed reform," added Blumenfield. "It will help prevent medical marijuana abuses, preserve local control, and elevate our debate about medical marijuana."

So much for the narrow scope.

Senate Bill 847 which is said to be much more problematic http://www.aroundthecapitol.com/Bills/SB_847/20112012/ currently sits on the Governor’s desk.

Posted By: Degé Coutee

Patients Must Take Control Of Their Collectives or Free Gram of Cocaine For New Members

2011-08-10T12:40:00.000-07:00

On August 4, 2011, the Los Angeles Police Department raided a medical marijuana dispensary in Northridge suspected of being a front for an interstate drug-trafficking operation. In addition to seizing cannabis, reports indicate authorities also seized 20 pounds of cocaine and several weapons, some loaded. The raid netted 6 suspects each being held on $1.5 million bail.

While patient advocates have been pleased that previous raids have revealed no more than cannabis and cash on hand at area collectives, it was only a matter of time before LA’s unregulated industry would be taken advantage of by dangerous criminals, leaving a huge black-eye on what is supposed to be a movement of “compassion.”

The victims are the patients. At fault is the LA City Council whose inability to implement a legal ordinance that has been trapped in a lengthy court battle with no near end in sight. Within LA’s current scheme there is no way for a legitimate patient to ensure they are visiting a legitimate collective putting the community at large at great risk.

The playing field is different now. The adage that collectives are passive places where authorities only find herb and cash is now badly tarnished. Future raids could prove to be more aggressive as cops now expect to find loaded weapons.

I recently met with friends visiting LA from outside the state. They told me about the number of ‘dispensaries’ they were referred to that would not ask any questions about their purchase nor require ID, physician’s recommendation, etc. It is concerning as to what else could be going on within these operations.

If patients truly want to protect their access, patients must become vocal and involved members of their collectives. By definition this is what makes a collective, a collective.

California Attorney General Drafts New Medical Cannabis Guidelines

2011-08-08T18:39:00.000-07:00

The Office of the California Attorney General Kamala Harris is revising current medical marijuana guidelines. Here is a link to the leaked draft: http://drugsense.org/temp/New_California_Attorney_General_Guidelines_2011_draft.pdf

These GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE [DISCUSSION DRAFT – April, 2011] are an expanded guide for patients, doctors, cultivators, collective/cooperative directors, local legislators and law enforcement. Any patient engaged in medical cannabis activities or who belongs to a collective should review this proposal.

PAN would like any feedback from patients and their collectives as to how these proposed revised guidelines would affect you.

Patients Speak-out Against Further Federal Interference

2011-07-25T16:13:00.000-07:00

On July 18, 2011, medical cannabis patient advocates took to the streets of Los Angeles and San Francisco to express concerns about recent statements from Washington DC including the Cole Memorandum. News is that it will be business as usual with respect to federal enforcement of the Controlled Substances Act. Patients are concerned that there will be more hostile smash and grab raids and selective prosecutions.

Patient Advocacy Network has reached out to nearly 90 Congressional offices to discuss medical marijuana, the Controlled Substances Act and continued federal criminal jeopardy for patients. Governors and State AG’s in all medical cannabis states have also been called upon by PAN to help end the federal criminal jeopardy for patients and their cultivators. It is PAN’s contention that cannabis is inappropriately placed in the CSA and needs to regulated more like beer or wine. This is the only legal model that keeps cultivators safe, as safe as those who grow grapes and hops.

While only a handful of patients participated in the LA rally, PAN got the attention of many media outlets: TV, radio, print and internet. “We feel it’s extremely important to be here and express the fear patients and their collectives have over further federal interference BEFORE there are any federal actions this season,” states Degé Coutee to the media during the rally. “The DEA got their funding today on the heels of some very strong statements from Washington. We fear federal raids and prosecutions on non-violent, otherwise law-abiding citizens, some of which are seriously ill or disabled.”

PAN encourages supporters to get involved with its Legislative Education programs and upcoming rallies and street theater by becoming a sponsor. All monetary and in-kind contributions are tax-deductible.

What Will Michele Leonhart's Nomination As Head Of DEA Mean For Patients

2010-12-28T00:22:00.000-08:00

On December 22, 2010, acting DEA administrator Michele Leonhart was nominated by the Senate to fill the top position permanently. Leonhart has been the acting director since November 2007, when Karen Tandy stepped down.

Leonhart’s appointment has been on hold due to concerns by Sen. Herb Kohl that nursing home residents don’t have adequate access to medications due to the DEA’s stepped-up efforts to combat prescription drug abuse. Kohl is supposedly pacified by the Obama Administration which has agreed to work with the Senator on future legislation.

Ultimately, medical cannabis patients must consider what her appointment means for us. During Leonhart’s acting term, she oversaw the landlord threat letters, a rash of raids and prosecutions – in California. Reports indicate that hearings around Leonhart’s nomination never touched on medical marijuana or the states that allow it. 30 Senators failed to consider the patients in their 15 medical cannabis states.

PAN will continue work with the Department of Justice, House Judiciary Committee and members of the Senate this next year to make sure patients’ concerns have a voice in Washington.

copyright © 2010 Degé Coutee

Michele Leonhart In The News:
http://www.mainjustice.com/2010/12/23/senate-confirms-dea-administrator/
http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-dea-administrator,0,1506659.story
http://www.drugwarrant.com/articles/dea-bad-girl-michele-leonhart/
http://cannabisnews.com/news/4/thread4341.shtml

LA City Council To Consider Dispensary Ban

2010-12-23T01:47:00.000-08:00

On December 15, 2010, Los Angeles Councilmembers Bernard Parks, Jan Perry and Greig Smith referred a motion to repeal LA’s dispensary ordinance to the Planning and Land Use Management Committee and requested that the City Attorney draft language to ban collectives in the City. (Link to motion: http://clkrep.lacity.org/onlinedocs/2008/08-0923-s14_mot_12-15-2010a.pdf )

Councilmembers Ed Reyes, José Huizar and Paul Krekorian sit on the PLUM Committee and will vote on whether to move the motion forward. Council will return to its regular meeting schedule the first week of January 2011.

The agony of defeat is driving the movers of this motion. Parks, Perry and Smith have actively worked to unravel any progress on a workable ordinance for five years. The recent court decision by Judge Anthony J. Mohr to issue an injunction against the City of Los Angeles, ruling that provisions in the current ordinance violate equal protection, due process and patient privacy, has put egg on the faces of those adversaries. (Link to story: http://www.latimes.com/news/la-me-1211-pot-injunction-m,0,1172776.story ) These officials have treated patients like ignorant, second-class citizens with no rights. Patient Advocates knew it would take a judge to reveal the error of their ways.

As a result Parks, Perry and Smith are spiteful and vengeful. Instead of acting in accordance with their constituents, they would rather tie up City resources in lengthy, expensive lawsuits that the City will continue to lose. Patients and their collectives are prepared to fight this for as long as it takes. Banning collectives already authorized to remain open during the registration process or those that have won their injunction is only going to cause the City further legal grief. But Parks, Perry and Smith are too arrogant to consider the legal ramifications of their actions. They have taken a page out the Carmen Trutanich Bully Handbook.

Patients are encouraged to contact LA City Councilmembers about their concerns. PLUM Committee members will hear the matter first. Parks, Huizar and Krekorian are up for re-election in March along with Tom LaBonge, Tony Cardenas and Herb Wesson. LaBonge and Wesson have also been hostile toward patients. Councilmembers Janice Hahn, Paul Koretz and Bill Rosendahl have tried to be the most help to us and most likely will adamantly speak out against this motion. Councilmembers Ed Reyes and Dennis Zine were heavily involved with drafting early motions, a draft ordinance and a working group. Both officials had best intentions but had their hands bitten by the City Attorney’s office and has left them bitter regarding our issue.

Contact PAN if you have any questions about contacting your elected officials.

copyright © 2010 Degé Coutee

councilmember.reyes@lacity.org
councilmember.krekorian@lacity.org
councilmember.zine@lacity.org
councilmember.labonge@lacity.org
paul.koretz@lacity.org
councilmember.cardenas@lacity.org
councilmember.alarcon@lacity.org
Councilmember.Parks@lacity.org
Jan.Perry@lacity.org
councilmember.wesson@lacity.org
councilman.rosendahl@lacity.org
greig.smith@lacity.org
councilmember.garcetti@lacity.org
councilmember.huizar@lacity.org
janice.hahn@lacity.org

LA To Decide On Collective Taxation

2010-11-16T21:17:00.000-08:00

On November 16, 2010, the Los Angeles City Council passed language that puts a Charter amendment on the March 2011 ballot allowing for a 5% gross receipts tax on all medical cannabis collectives in the City.

When collectives first began forming in LA, many patients agreed that paying our fair share to the City was reasonable. However, at the time Councilmember Dennis Zine had presented a reasonable motion seeking a temporary moratorium on new collectives while the Council drafted permanent regulations. In this September 2006 motion Zine writes,

“a legally existing medical marijuana dispensary is a retail establishment that is open for business in compliance with all applicable laws and regulations… has obtained all necessary licenses and permits and is conducted in a building… for retail occupancy.”

At the time it could not have been more clear that the intention of the Interim Control Ordinance and the future activity of collectives was going to be a retail model like other cities in California. Concurrently, Zine seated a Medical Marijuana Working Group to work on a draft ordinance that followed a retail model similar to that of the Los Angeles County’s ordinance.

Then, eventually comes the first draft from the City Attorney’s office. It could not be more opposite from Councilmember Zine’s motion or the input from the Working Group. The City Attorney, then Rocky Delgadillo and now Carmen Trutanich, argued that State law did not allow for sales but that patients were allowed to farm together and give it away to one another. After a year of arguing between Council and the City Attorney, nearly a thousand dispensaries operating, the moratorium expired and many angry citizens/patients– the Council finally caved and voted in what is called by many “The Worst Local Medical Cannabis Law In The Country.”

The current ordinance is so far from what the City Council mandated as a “legally existing medical marijuana dispensary” that collectives started to sue the City. Soon after the one-week registration period under the new ordinance, the City Attorney filed suit against 141 of these “legally existing” dispensaries citing a change in management as unlawful. The first ruling in these cases will be issued November 29, 2010.

A handful of councilmember’s are now starting to see what advocates had been stating during public comment. We attempted to point out that the ordinance was drafted with the intent of shutting down every collective in the City. We were treated as if we were irrational, didn’t know what we were talking about. The same people seated as advocates by a councilmember on the Working Group were falling on deaf ears.

The Council is now trying to amend the ordinance to stop the City Attorney’s attempt to shut down 141 “legally existing” collectives. As soon as the City Attorney sued these patient groups the City Clerk stopped the rest of the application process halting any other dispensary from moving forward in the licensing process. These collectives will be deemed illegal under the ordinance on December 6, 2010, if the Council does not act to protect them.

In the midst of all of this Councilmember Janice Hahn originally proposed a $500.00 fee on every medical cannabis plant grown by a collective. After hearing from patient advocates Hahn withdrew that motion and then proposed the 5% gross receipts tax, which passed Council vote 10-4. It will be on the ballot March 8, 2010.

The big question for the Medical Cannabis Community is do we support this tax in light of the current political and legal situation around LA’s collectives? How will you vote on this? PAN looks forward to hearing from you.

Image - Degé Coutee of PAN and LA City Councilmember Dennis Zine

copyright © 2010 Degé Coutee