Tag Archives: dispensary

Department of Justice Takes Steps to Subsidize California Gangs; Threatens to Shut Down Medical Marijuana Dispensaries

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UPDATE: Write President Obama and make your voice heard!

In a press conference today, all four U.S. Attorneys in California announced that the administration will no longer ignore dispensaries and will actively prosecute many commercial operations. The attorneys said they will concentrate on criminal prosecution and asset forfeiture against the landlords of medical marijuana dispensaries or cultivation centers, and threaten action against certain commercial organizations. Multiple businesses throughout the state have been given 45 days to close down. To support the increased efforts to eliminate the medical marijuana industry, they claim that it has been overtaken by criminal organizations and harms communities, yet do not offer justification of these claims at the present time. In the absence of regulated and licensed dispensaries, however, many patients will likely be forced to obtain medical marijuana from street dealers and gangs, which will doubtless create additional law enforcement and public safety problems for California.

Despite campaign promises not to spend limited law enforcement resources interfering with state medical marijuana laws and a 2009 Department of Justice policy directive against targeting individuals acting in compliance with state medical marijuana laws, the U.S. Attorneys signaled that they now intend to prosecute individuals who provide that medicine to patients under safe, regulated conditions.

“How can the Obama administration say that it’s fine for sick people to use this proven medicine, and yet tell them they can’t have any legal place to get it?” asked Rob Kampia, executive director of the Marijuana Policy Project. “Medical marijuana isn’t going away. Over 70 percent of Americans support making medical marijuana legal, and 16 states allow it.”

“The end result of the federal government’s policy is to ensure that medical marijuana is sold illegally in most parts of the country, as well as to create needless suffering for patients who can’t find a place to buy medical marijuana.”

Since 2009, eight states have enacted or implemented laws that set high standards and strict regulations on medical marijuana dispensing, moving away from previous “gray market” models that lacked licensing or regulations. During the previous administration, targeting providers in California did not prevent marijuana profiteers from operating. Instead, a federal policy of interference with state medical marijuana laws pushes states towards programs with confusing legal gray areas and little to no control over the operation of providers.

We will be continuing to post updates on this issue and the response from the medical marijuana industry and patients.

For a full text of the Department of Justice press release, go here.

UPDATE: Write President Obama and make your voice heard!

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Rand Study Shows Closing Dispensaries Increases Crime

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In medical marijuana states, it is pretty common to hear sensational news reports about crime associated with dispensaries. Stories of violent robberies, late-night burglaries, diversion and illegal sales, weapons, and even murder get a lot of attention from the media. They get even more attention from law enforcement, who see such stories as yet another way to convince people that medical marijuana is dangerous and scary and should be revoked.

Law enforcement is so desperate to prove this connection between dispensaries and crime that they searched all over the country for data that would support their hypothesis.

Lo and behold, it turns out the exact opposite is true.

Today, the non-partisan Rand Corporation released a study on crime near dispensaries conducted in Los Angeles before and after a recent ordinance forced the closure of nearly 400 locations. According to the report, crime increased by as much as 54% in the areas surrounding dispensaries that were forced to close within ten days of the ordinance going into effect. Neighborhoods near dispensaries that stayed open showed no increase in crime during that period.

We at MPP have been saying for some time that by closing dispensaries in medical marijuana states (or localities, even), authorities are driving patients into the illicit market. While I would hesitate to call such an act a crime, as opposed to a necessity, this study apparently shows that other sorts of crime are affected by the presence of dispensaries. Some contributing factors include the large volume of people there throughout the day, the security measures put in place to protect patients and employees, and the fact that the police actually depend on dispensary video surveillance to prevent and solve crimes!

Authorities should take note of this information, particularly in places like Michigan and Montana, where the medical marijuana industries have been all but shut down recently by overzealous public officials and community groups. Most of these groups depended on overblown concerns about community safety for their efforts to be successful. It’s time for a little education.

Washington, D.C. Inches Closer to Medical Marijuana

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It’s now been almost 13 years since nearly 70% of D.C. voters approved an initiative enacting a medical marijuana law in the nation’s capital, though you’d be forgiven if you hadn’t noticed. An obscure budget provision known as the “Barr Amendment” stalled implementation for years, and when it was finally removed (after MPP hired Congressman Barr to help defeat his own amendment) in late 2009, the D.C. Council went to work passing an amendment to the law making the proposed program much more restrictive. Since then, the glacial pace of implementation has kept medicine from patients for another year.

But finally, there’s progress. Today, the D.C. Department of Health is making applications available for prospective cultivation center operators. You can read the official notice in today’s DC Register. Only those who submitted the required letter of intent back in June will be able to apply. There were over 100 letters submitted by groups interested in operating cultivation centers, including Benjamin Bronfman, the fiancé of rapper M.I.A. of Paper Planes fame.

Today’s notice applies only to cultivation centers, not dispensaries, so advocates will have to wait a little longer for those. There’s also no word on when patients will be able to apply to the program. Still, it’s progress.

 

Vermont Governor Signs Dispensary Bill Despite U.S. Attorney Letter

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Vermont Governor Pete Shumlin – who MPP helped elect – just signed a bill to make Vermont state law the eighth to explicitly authorize and regulate dispensaries where registered patients can purchase medical marijuana. Today’s signing marks the culmination of a two-year lobbying effort led by MPP and the third bill signing we’ve been a part of just this month. Many thanks to Governor Shumlin and the bill’s sponsors, Senators Jeanette White, Hinda Miller, and Dick Sears for their leadership, and the dedicated patient advocates throughout the state who made the case for adding dispensaries to Vermont’s medical marijuana law.

MPP’s lobbyists and several of the state’s most committed patient advocates watch as Vermont Governor Pete Shumlin signs S. 17

Today’s signing bucks a trend of sorts. Governors in Rhode Island, Arizona, and Washington have all put the brakes on bills or laws to allow dispensaries, after receiving threatening letters from U.S. Attorneys in their states. Shumlin and legislative leaders received a similar letter on May 4, the day before the House of Representative was slated to vote on the dispensary bill. We were able to address concerns in the House and the administration, and the next day the House passed the measure 99-44 – with a copy of the letter on the desk of each representative.

One reason we were able to convince elected officials to move forward is that, despite the letters, there has still never been a raid on any dispensaries in states that explicity recognize and regulate dispensaries and that are in compliance with those laws. On the other hand, it’s unfortunate, but not uncommon, to see raids of dispensaries in places with more ambiguous laws that don’t specifically address dispensaries. In other words, in practice, it seems U.S. Attorneys are abiding by a narrow interpretation of the policy announced in the 2009 “Ogden memo,” in which these attorneys were instructed not to take action against anyone in “clear and unambiguous compliance” with state law.

Ironically, that means the best way to avoid any federal enforcement action is to do exactly the opposite of what Washington, Arizona, and Rhode Island’s governors are doing, and instead embrace state laws that explicitly authorize and regulate dispensaries, like Gov. Shumlin and Delaware Gov. Jack Markell. Let’s hope today’s signing marks the end of this troubling trend.


Montana Governor Changes Course, Will Allow Bad Medical Marijuana Bill to Become Law

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Despite being disappointed with the language of the bill, it appears that Montana Governor Brian Schweitzer is not upset enough to veto the final version of S.B. 423, which would destroy the burgeoning medical marijuana industry, force patients to go to the illicit market, and make it extremely difficult for patients to qualify for the program.

On April 30, Gov. Schweitzer announced that while he was not pleased that the legislature had ignored most of the amendments he suggested when he first sent the bill back to them, he felt that it would be better to pass S.B. 423 than leave the status quo. He said he will let the bill become law without signing or vetoing it. He still has time to change his mind, however.

Under S.B. 423, larger marijuana-growing operations and all dispensaries must shut down by July 1. Patients will have to grow their own or obtain it for free from a provider who can grow for up to three people. In addition, doctors who certify 25 patients will have to pay for an investigation into their practices.

Patients and Families United plans to launch a statewide referendum campaign soon and will need help from far and wide. If enough signatures are gathered with the required geographic distribution, S.B. 423 might be prevented from taking effect prior to putting it before voters in November 2012.

Gov. Schweitzer should be commended for vetoing the bill to completely repeal the medical marijuana law and for attempting to get the legislature to amend the current bill in a reasonable fashion. He shouldn’t give up now. S.B. 423 is bad for patients, doctors, and businesses. It will put many Montanans out of work and many more sick people back in pain. And instead of creating a regulated, controlled system for distribution, it will have the opposite effect from what the legislators intended, specifically driving patients into the hands of illicit drug dealers.