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Medical Marijuana

Judge bars Tulare County from pulling pot

Category: Medical Marijuana | Posted on Thu, September, 15th 2011 by THCFinder
For the second time in less than a week, a judge has issued a restraining order to prevent Tulare County officials from pulling medical marijuana plants from a farm just north of Visalia.
 
Wednesday's order by Tulare County Superior Court Judge Paul Vortmann will remain in effect at least until Oct. 6, when another hearing on the case is scheduled.
 
His ruling came in response to an application for a restraining order filed by Richard Daleman, who runs a business leasing small plots to about 40 clients to grow medical-marijuana plants.
 
All have doctors' recommendations to grow and smoke or ingest the drug.
 
The county Resource Management Agency issued Daleman and his landlord cease-and-desist orders to stop growing and clear the marijuana from the site because the farm violates the county's medical-marijuana ordinance, with requirements that include the plants have to be grown on commercially zoned land in the unincorporated county.
 
Saturday was the deadline, but a day earlier, Judge Melinda Reed issued a temporary restraining order against the county until Vortmann — who wasn't in court Friday — could make a ruling.
 
In the meantime, the Tulare County counsel filed a response to Daleman's application and asked Vortmann to issue a preliminary injunction ordering Daleman to stop allowing the marijuana grow sites on his land and pay the county's legal costs.
 

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San Jose votes to curb medical marijuana industry

Category: Medical Marijuana | Posted on Wed, September, 14th 2011 by THCFinder
San Jose lawmakers took a major step toward downsizing and regulating the city's thriving medical marijuana industry on Tuesday, adopting a package of zoning regulations and laws that will sharply limit how and where pot collectives can operate and initially cap their number at 10.
 
Two years in the making, the new rules given preliminary approval by the City Council with an 8-3 vote are among the most detailed among the various frameworks local governments in California have adopted as they attempt to tread the thin line between complying with the state's medical marijuana laws and inviting intrusion from the federal government, which does not recognize pot for medicinal use.
 
Along with restricting the number of dispensaries, San Jose's regulations also will require licensed collectives to grow all the medical marijuana they distribute on-site, to maintain logs detailing every amount they sell and to whom, and to package their wares in child-proof containers that list the name of the recommending doctor and the patient.
 
City officials estimate that San Jose, the nation's 10th-largest city, has about 140 cannabis dispensaries and delivery services, only 71 of which are paying a local tax on such services the council adopted earlier this year.
 
 

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Medical Pot User May Have Benefits Go Up In Smoke

Category: Medical Marijuana | Posted on Tue, September, 13th 2011 by THCFinder

You just might not be eligible for unemployment if you get fired from your job for anything related to medical marijuana! Make sure you are extremely careful these days as companies are getting away with more and more bs everyday.

A recent decision from the Colorado Court of Appeals has decided that a medical marijuana user who is fired for a positive drug test result is not eligible for unemployment compensation benefits. In Beinor v. Industrial Claim Appeals Office, ___ P.3d ___, 2011 WL 3612226 (Colo. App. Aug. 18, 2001), the Colorado Court of Appeals upheld the Order of the ICAO denying unemployment compensation benefits to a discharged employee who had tested positive for marijuana. The employee presented evidence that, in accord with his doctor’s recommendation, he used "medical marijuana" for severe headaches.
 
The employer did not contest the employee's eligibility to use medical marijuana, and it did not argue that the employee's marijuana use adversely affected his job performance. Rather, the employer simply contended that the discharged employee was disqualified from receiving benefits because of C.R.S. § 8-73-108(5)(e)(ix.5). This section of the law allows denial of benefits if the employee tests positive "during working hours" for a "controlled substance" that is "not medically prescribed."
 
The Deputy's initial decision denied the employee's request for benefits. The Hearing Officer reversed, finding that (1) the claimant was eligible to be on the medical marijuana registry, and (2) there was no evidence his marijuana use had adversely affected his job performance. The ICAO reversed the Hearing Officer, agreeing with the employer that the employee was disqualified under C.R.S. § 8-73-108(5)(e)(ix.5). The Court of Appeals has now affirmed the ICAO's decision.
 
 

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Finally a Judge gets it!

Category: Medical Marijuana | Posted on Tue, September, 13th 2011 by THCFinder
A judge in Las Vegas threw out charges in a medical marijuana criminal case, declaring that he couldn't make sense of Nevada's pot laws.
 
The Las Vegas Review-Journal reports (http://bit.ly/qS1mJj ) that Clark County Judge Donald Mosley complained Monday that the state Legislature should decide if medical marijuana is legal or not.
 
Mosley dismissed charges against Leonard Schwingdorf stemming from a police undercover buy at a Las Vegas medical marijuana business called Sin City Co-Op.
 
The judge ruled that a grand jury should have been shown evidence the marijuana wasn't for sale and that a co-op donation wasn't necessary to obtain it.
 
Mosley noted that state law lets medical cardholders possess small amounts of marijuana.
 
But other state and federal laws make it illegal to buy or sell marijuana.
 
 

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Seriously ill cancer patient may face jail time for medical marijuana

Category: Medical Marijuana | Posted on Fri, September, 9th 2011 by THCFinder

Does it make any sense at all to come in and bust down the doors of someone dying from cancer who is simply trying to prolong their life? What harm are they causing trying to beat their ailment while following the guidelines of the law as closely as possible? What is it going to take to stop the government from coming in and harassing legal marijuana patients?

Bob Crouse has leukemia. He used to have medical marijuana. Then the police came to his house and took it away. Today, he faces felony charges for cultivating marijuana with the intent to distribute.
 
He has a medical marijuana card as well as a doctor’s recommendation to grow as many as 75 plants. He needs that much, he says, because smoking the occasional joint or eating the occasional brownie has never been known to cure cancer. What many proponents of medical marijuana believe does cure cancer–at least in some cases–is the oil that can be created by boiling a pound or more of bud at a time and reducing that pound to about one ounce of oil. Many in the medical marijuana field swear that ingesting about a gram a day of this oil–commonly known as phoenix tears–can have a profound effect on cancer and some other serious medical conditions.
 
“I was just trying to grow the quantity of medicine I needed to medicate myself. I never had any intent to distribute,” Crouse told the Colorado Independent. “They think I was part of an underground network, but I think I was within my rights. They thought I was a criminal. I tell you it was real intimidating when they showed up with eight or ten agents. I’m a sixty-three-year-old leukemia patient fighting for the right to fight for my life.”
 
Crouse says it wasn’t just his medicine the police took in May, it was also his therapy.
 
“You can lose yourself in a little garden. When I was in there working with my plants I would forget all about what was going on inside my body,” he recalls.
 
“I was beating it,” he says of the cancer. “The effect medical marijuana had on me, on my life, was huge. I felt like I was being healed. I could feel it working in my body.
 
 

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Medical marijuana supporters stop ban in Kern County

Category: Medical Marijuana | Posted on Fri, September, 9th 2011 by THCFinder

Supporters were able to come up with enough signatures to block the ban on medical marijuana shops in Kern county. Hopefully this will put an end to the bans on patients being able to legally obtain their medication.

 

Opponents of a Kern County ban on storefront medical marijuana collectives temporarily blocked the law from taking effect Friday morning.
 
Activists with the Kern Citizens For Patient Rights turned in 26,335 signatures to Kathleen Krause, the clerk of the Board of Supervisors, at about 4 p.m. Thursday -- an hour before they were due.
 
They needed to turn in at least 17,350 signatures to stop the ordinance.
 
By 5:15 p.m., elections workers had confirmed the number of signatures turned in and were preparing for the long task of verifying their validity -- work expected to stretch into next week.
 
 

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