Medical Marijuana

Court: Get state ID card before growing marijuana

Category: Medical Marijuana | Posted on Wed, August, 31st 2011 by THCFinder
Lansing— Michigan Court of Appeals judges ruled a Montmorency County man with a physician-approved medical marijuana ID can be prosecuted for growing pot because he obtained the card after marijuana plants were discovered on his property.
The judges on Monday upheld the manufacture of marijuana charge — a four-year felony — against Brian Bebout Reed. Pot plants were discovered on Reed's property before he had a medical marijuana card, but he wasn't arrested until he obtained the identification.
"The statue ties the prior issuance and possession of a registry identification card to the medical use of marijuana," judges Patrick Meter, Donald Owens and Peter O'Connell said in the ruling. "Defendant did not have the card at the applicable time and therefore is not immune from arrest, prosecution or penalty."
The court reaffirmed that anyone looking to grow or use medical marijuana must obtain certification beginning to grow or use the drug. It is the second major medical marijuana ruling this month. Last week, the court of appeals banned marijuana sales at dispensaries.
According to court documents, Reed suffers chronic back pain from a degenerative disc disease and underwent surgery for the condition more than 10 years ago. He started looking to get a medical marijuana card after the passage of the Michigan Medical Marijuana Act.
He went to a clinic in Montmorency County in the northern Lower Peninsula, but doctors said they wouldn't issue certifications because they receive federal funding.
Growing and possessing marijuana is against federal law, even if someone has a state-issued medical marijuana certification.
Reed looked for other places for certification, the appeals court said, "but he had not formally consulted with another doctor before his marijuana was discovered."
On Aug. 25, 2009, authorities spotted six marijuana plants on Reed's property while conducting aerial surveillance. On Sept. 16 of that year, he obtained a doctor's certification to use marijuana.
On Oct. 6, he received his marijuana identification card from the Michigan Department of Community Health. He was arrested Oct. 26 and charged.


4 arrested at Oak Park medical marijuana business

Category: Medical Marijuana | Posted on Wed, August, 31st 2011 by THCFinder
Four people were arrested today after Oak Park police surrounded the Oak Park headquarters of a medical marijuana facility.
Big Daddy's operates a chain of stores that sell indoor marijuana-cultivation equipment and a busy Web sales business.
Police arrived "when we opened at 10 o'clock (this morning)," and asked to see the owner and his daughter, said Rick Thompson, a Big Daddy's board member.
Today's arrests follow a January raid of the offices, which include Big Daddy's Compassion Center where patients use marijuana and "network for education and learning what helps them," Thompson said. During that raid, Oakland County deputies seized $2,500, 37 ounces of "usable medicine," and various pieces of medical-marijuana equipment, owner Rick Ferris said today.
Oak Park police said the arrests came on Oakland County warrants.


RIVERSIDE: New tool for city attorney in medical pot fight

Category: Medical Marijuana | Posted on Mon, August, 29th 2011 by THCFinder
Riverside City Attorney Greg Priamos now has another weapon in his fight against medical marijuana dispensaries: the power to subpoena.
The City Council last week voted to let the city attorney's office use legislative subpoenas when people connected with dispensaries won't cooperate.
Medical marijuana proponents say state law gives dispensaries the right to operate within certain guidelines. However, Riverside officials maintain the city zoning code bans medical marijuana facilities citywide.
Priamos said he has used legislative subpoenas before, when the city was seeking to close group homes for parolees that did not have permits. He already has filed 15 lawsuits against marijuana dispensaries, some of which have closed.
"We are having quite a bit of difficulty with property owners ... that are leasing their property to dispensaries in knowing violation of our zoning code," Priamos said. "The subpoenas are necessary to get additional information."
For example, Priamos said he might subpoena copies of lease documents to determine how much rent is being charged, if it's being paid in cash, and whether the owner knew the tenant planned to operate a dispensary.
In Craig Celse's case, the lease likely would show he had no idea his tenant intended to run a dispensary. Celse is cooperating with the city, which earlier this month shut down a medical marijuana collective in a Victorian house Celse owns in the Magnolia Center area.
"All we had was a residential rental agreement," Celse said, and the house isn't zoned for business use.
Celse said the city attorney's efforts were successful regarding his property, and he has given the tenants notice to leave. For property owners who aren't as compliant as Celse, Priamos now can use subpoenas and seek court orders to back them up if necessary.
Priamos said he is investigating a number of dispensaries, but as of Thursday he had not issued any subpoenas and declined to say which dispensaries might be the first targets.


Jailed Marijuana Patient, Goes on Hunger Strike

Category: Medical Marijuana | Posted on Mon, August, 29th 2011 by THCFinder
‚ÄčTomorrow will mark one week since Jerry Laberdee has eaten a meal. The 56-year-old medical-marijuana patient and dispensary owner has been in a Spokane County jail cell since last Tuesday, after he refused to take his court-ordered drug test. He's now pledging to go without food until he's released and allowed to take the medicine that he was legally authorized to take under Washington law.
Laberdee's daughter, 28-year-old Jessica Vogel, tells Seattle Weekly that she's had very little communication with her dad since he was locked up, but that she hopes his hunger strike will "wake people up."
"I want people to open their eyes and realize this is not just about marijuana, it's about our constitutional rights are being stripped away," she says. "People should be rioting in the streets."


Regulating, taxing pot is way to go for county

Category: Medical Marijuana | Posted on Mon, August, 29th 2011 by THCFinder
It's time to start regulating and taxing the medical marijuana indsutry the proper way!
This marijuana issue is going to come back and bite Kern County in the rear. They've already hit a number of places that were in compliance with state laws, and preventing dispensaries and limiting the number of plants is only going to create a heap of problems and lawsuits that we cannot afford and a war we cannot win. Bust one, another pops up, this time in a rental home or on public land.
We don't have to allow 50 dispensaries and can limit to 10 or less as we did prior to 2009, and we can certainly control and regulate where they operate and where they grow, along with who runs them.
California tax authorities estimate that the state currently collects $58 million to $105 million in sales taxes on $700 million to $1.3 billion in annual retail sales of medical marijuana. So why not properly control and regulate our local market and gain some tax revenue? It's not like the county can't set specific guidelines, and the way it is being done now is not going to gain control.
It would be far easier and far more cost-effective to control the local cannabis industry by regulating it and having the means to supervise how it is sold, produced and who is doing it. Plus, it will help keep growers off public land, away from schools and parks, and regulated to specific areas and numbers.


Will Oklahoma be the next medical marijuana state?

Category: Medical Marijuana | Posted on Sat, August, 27th 2011 by THCFinder

Is Oklahoma ready to step up to the plate and let medical patients in need finally have a legal method of obtaining their medical marijuana?

Sixteen states and the District of Columbia have already legalized medical marijuana. A landmark study by researchers at the University of California challenges old negative stereotypes of the typical user of medical marijuana.

It's time for Oklahoma's governor and lawmakers to quit digging in their heels-- and open their eyes. How much longer should Oklahomans be denied the significant and proven benefits of medical marijuana?





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