OC Sheriff's Department Says All Sales of Marijuana Illegal
Category: Medical Marijuana | Posted on Fri, December, 2nd 2011 by THCFinder
The Orange County Sheriff's Department considers all sales of marijuana to be illegal -- whether or not they involve profit -- and says the investigation that led to the raid of Belmont Shore Natural Care and numerous other locations and individuals is ongoing, according to a department spokesperson.
In response to follow-up questions regarding the search warrant served on a half-dozen collectives and over a dozen other locations and persons on November 8, Lt. David Doyle has told the Long Beach Post that "the CUA and MMPA do not authorize sales of marijuana," and that therefore
Doyle also provided further details on the November 8 enforcement action, reporting that a total of approximately $492,000 was seized in the various searches. No cash was seized from Belmont Shore Natural Care; however, in addition to the collective's entire medicinal inventory, a variety of bookkeeping paperwork was seized, along with a computer.
Doyle noted while no arrests have been made thus far, the investigation centering around John Walker, whom the Sheriff's Department labels "a silent partner that heads … [a] criminal organization conspiring to illegally sell marijuana at several storefronts," is ongoing.
Medical Marijuana on the job
Category: Medical Marijuana | Posted on Wed, November, 30th 2011 by THCFinder
Even if you believe you're using it for the right reasons, medical marijuana could still cost you your job.
The question, "Can an employer fire someone for using medical marijuana, even if it's outside the workplace?" has a simple answer. And it's an answer that favors employers.
"The employer does not have to accomodate that use and could technically terminate that employment," said Jerry Pearson, a labor attorney at Young-Woolridge. "The case [precedent] is Ross V. RagingWire."
In 2008 the California Supreme Court ruled in that case that firing an employee for using medicinal marijuana was not a form of workplace discrimination.
Pearson says that although it's not discrimination, employers generally have to be able to argue that an empoloyee's workplace productivity was hampered by the drug.
Also, an employer must have an anti-drug policy in place. If it's not in writing, or if employees are not made aware of the policy, an employer would have a tougher time defending itself in a lawsuit, says Pearson.
Nonetheless, if an employer has a valid anti-drug policy in place that prohibits certain drugs - prescription or illegal - the employer has the right to dismiss an employee who is in violation of that policy.
"The question then becomes, is that reasonable, because a lot of people are on prescription drugs," says Kathryn M. Fox, an attorney who often represents employees who believe they have been wrongfully terminated.
But, Fox does say that whether wrong or right, the law is clear.
"If a California employer believes your use of a prescription drug impairs your ability to do your job, they have the right to terminate you," she says.
Poll: Majority of New Jerseyans support marijuana decriminalization
Category: Medical Marijuana | Posted on Wed, November, 30th 2011 by THCFinder
Also have overwhelming support for medical use
Hey, pass the news around, dude. Six in 10 New Jerseyans feel penalties for marijuana use should be relaxed, just over half think pot possession should not be penalized at all, and one-third would completely legalize its sale and use, according to a Rutgers-Eagleton Poll released Wednesday.
In the almost 40 years since Rutgers-Eagleton first asked about penalties for marijuana use, New Jerseyans have become more relaxed about the issue. In May 1972, four in 10 New Jerseyans said penalties for marijuana use should be reduced.
Like many other issues, marijuana has become more partisan over the years: in 1972, Democrats and Republicans were only four points apart, but the latest poll finds the gap has grown to 20 points, with 64 percent of Democrats, but only 44 percent of Republicans supporting reduced penalties for its use. At the same time, 86 percent support the availability of medical marijuana by prescription, including 92 percent of Democrats and 77 percent of Republicans.
(Read more) http://www.newjerseynewsroom.com
Fla. Senator Larcenia Bullard files bill to legalize medical marijuana
Category: Medical Marijuana | Posted on Tue, November, 29th 2011 by THCFinder
MIAMI - Medical marijuana smokers may be one step closer to lighting up legally thanks to a Florida senator, according to a Central Florida News 13 report.
State Senator Larcenia Bullard, D-Miami, recently filed a senate bill to legalize cannabis for medical purposes, in an effort to get it on the 2012 ballot.
Representative Jeff Clemens of Lake Worth also introduced two pieces of legislation---the House Joint Resolution 353 and SJR 1028.
While the opposition says it is a gateway drug that should remain legal, Florida Cannabis Network executive, Jodi James, says the choice should belong to doctors and responsible adults.
We should take tax it, we should control it," James said. "If someone is growing it, it should be there responsibility alone. We believe by regulating it and controlling it we are going to be keeping it out of the hands of children as opposed to an unregulated market."
Huh? Medical Marijuana Legal in California, But Sales Illegal?
Category: Medical Marijuana | Posted on Tue, November, 22nd 2011 by THCFinder
SAN DIEGO, CA -- Medical marijuana patient advocacy group Americans for Safe Access (ASA) today appealed the September 2010 conviction of San Diego dispensary operator Jovan Jackson in a case that has received widespread attention. The case against Jackson has become a symbol of the effort by District Attorney Bonnie Dumanis and other prosecutors across the state to criminalize storefront collectives. Due to state jurisprudence, California Attorney General Kamala Harris will now defend Jackson's appeal rather than Dumanis, who originally tried him. The ASA appeal not only contests Jackson's conviction and his denial of a defense, but it also challenges the prosecution's assertion that "sales" of medical marijuana are illegal under state law.
"Jackson and other medical marijuana providers deserve a defense under the state's medical marijuana laws and these are issues for a jury to decide," said ASA Chief Counsel Joe Elford, who authored the appeal brief filed today. "The denial of Jackson's defense was unfairly used to convict a medical marijuana provider who was in full compliance with state law." At Jackson's trial, San Diego Superior Court Judge Howard Shore referred to medical marijuana as "dope," and called California's medical marijuana laws "a scam."
Marijuana arrests rising on campus
Category: Medical Marijuana | Posted on Fri, November, 18th 2011 by THCFinder
Arrests for the use of controlled substances such as marijuana at USU have nearly doubled from last year, according to Capt. Steve Milne of the USU Police.
"For 2011 we have 41 arrests for controlled substances," Milne said, "compared to 22 for all of 2010."
Milne said there has also been four more alcohol-related arrests this year compared to last year, and he pointed out there is more than one month before the year is over.
Most of the students arrested for substance abuse have been first-year students, Milne reported. He said many of the freshmen are not aware of a freshman student who died of alcohol poisoning during a fraternity hazing incident at USU in 2008.
"I think a lot of it has to do with the freshmen students that are entering school have no idea who Michael Starks was," Milne said. "When that happened, I think they were roughly freshmen in high school, and I don't think they paid much attention to what was happening in the outside world."
Milne said arrests involving drugs and alcohol decreased for a period after Starks' death, but are currently on the rise.
"It's always been here," Milne said. "But this is definitely, by far, our busiest year. We've seen more cases of it than I've ever seen in the 29 years I've been here."
Ryan Barfuss, prevention specialist at the Student Wellness Center, said recently fewer USU students claim to have tried marijuana than in past years.
"It went from — in 2011 — 89.8 percent of students have not used," Barfuss said. "In 2009, 89.2 percent of students had not used. So actually the numbers have gone up of people who have not used."
Barfuss said many students think drug use is more common than it actually is. According to his survey, only 2.8 percent of students at USU have used marijuana in the last 30 days.
However, the 2011 American College Health Association Survey reports perceived use is at 43.3 percent of college students, within the last 30 days.
"There's some use, but not a lot of use," Barfuss said.
Barfuss said the use of marijuana hasn't really gone up, but more people are getting caught.
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