Judge Alan M. Simpson sided with city officials, who since August have been trying to shut down the collectives through a nonsensical zoning ordinance that requires the businesses to obey both state law (under which they’re legal) and federal law (under which they’re not). Such an ordinance is essentially impossible for the collectives to obey as long as medical marijuana remains illegal under federal law.

Lawyers for the collectives say they will argue at an Oct. 22 hearing that because state laws permit medical marijuana, local governments can’t use zoning ordinances to ban the collectives. Until then, medical marijuana patients in Fresno will be unable to safely or legally obtain their recommended treatment within city limits.

“The real winners in that will be the drug dealers and the drug cartels,” said Sean Dwyer, owner of California Herbal Relief Center, one of the closed collectives, which itself caters to 800 patients. “Because rather than being able to get their medication from us legally, they will be forced to buying it illegally off the street.”

When will California officials understand that their job is to enforce California’s laws, not the federal government’s? Medical marijuana has been legal in California since 1996. Sadly, as attorney William Logan told a local ABC affiliate, “here we are 13 years later, [still] trying to figure out how to get medicine to patients.”

Williams, 56, said she had no idea her husband, Royce, was growing marijuana on their 40-acre property in Chilton County, Alabama until federal authorities raided their land and found 408 plants growing several hundred yards from their house.

Then in May, Royce Williams committed suicide, rather than serve a potentially lengthy prison sentence for the federal drug charges he was facing. His wife, who works as a nurse at a Montgomery hospital, said Royce smoked marijuana because it was the only medication that helped ease the chronic pain he suffered as a result of several surgeries.

Now the Montgomery Advertiser is reporting that the U.S. attorney’s office plans to seize the Williams’ property – including the house still occupied by Mara Lynn, who in 2003 was diagnosed with breast cancer that spread to her liver, lungs and bone, but is now in remission.

“It is not morally right,” the Advertiser quoted Mara Lynn Williams as saying. “My husband paid with his life. What else do they want?”

According to a spokesman for the U.S. attorney’s office, “[Royce Williams’] death, which ended the criminal case, had no effect on the ongoing civil case … The bottom line is, we don’t want people to benefit from criminal activity.”

Benefit? I suppose seeing her husband suffer a bit less because of the relief he got from medical marijuana might count as a benefit, but doesn’t driving him to suicide make up for that? Must she be made homeless, too – on top of losing more than $18,000 cash, vehicles, computers and other belongings the Advertiser says were seized by the Feds?

To help us change these cruel laws, go to MPP’s Federal Action Center.

While the chief has every right to dislike California’s medical marijuana law, it is his job to enforce state law, not attack it. That’s something the courts have made unmistakably clear, most notably in a case known as Garden Grove v. Superior Court. In that case, city police had improperly seized medical marijuana from patient Felix Kha, and then insisted they couldn’t return his medicine to him because federal law takes precedence over state law. The state appellate court ordered the return of Kha’s marijuana, stating, “[I]t is not the job of the local police to enforce the federal drug laws as such.”

Memo to Chief Hansen: Is there something about the phrase, “it is not the job of the local police to enforce the federal drug laws” that’s hard for you to comprehend? Is Redding so completely free of robberies, rapes, murders, auto thefts, and other actual crimes that you have nothing else better to do?

U.S. marijuana arrests declined somewhat in 2008, according to figures released by the FBI today. According to the just-released Uniform Crime Reports, U.S. law enforcement made 847,863 arrests on marijuana charges last year, 89 percent of which were for possession, not sale or manufacture – more arrests for marijuana possession than for all violent crimes combined. One American was arrested on marijuana charges every 37 seconds.

Marijuana arrests peaked in 2007 at over 872,000, capping five years of all-time record arrests.

The new report comes on the heels of the 2008 National Survey on Drug Use and Health, released Sept. 10, which showed an increase in both the number and percentage of Americans who admit having used marijuana. In  2003, when marijuana arrests set what was then an all-time record of 755,186, 40.6 percent of Americans aged 12 and over said they had used marijuana. In 2008, that figure was 41 percent, or 102,404,000 Americans willing to tell government survey-takers that they had used marijuana.

Apparently, massive numbers of arrests didn’t curb marijuana use.

“This slight dip in the number of marijuana arrests provides a small amount of relief to the tens of millions of American marijuana consumers who have been under attack by their own government for decades,” said Marijuana Policy Project executive director Rob Kampia in a statement issued by MPP today. “It’s time to stop wasting billions of tax dollars criminalizing responsible Americans for using a substance that’s safer than alcohol, and to put an end to policies that simply hand this massive consumer market to unregulated criminals.”

To put that arrest figure in perspective, it’s equivalent to arresting every man, woman and child in the city of San Francisco – plus about 23,000 more people from nearby suburbs – in just one year. Do you feel safer?

Is there something in the water over at the White House Office of National Drug Control Policy that turns every new drug czar into a babbling idiot? If not, how else can one explain the latest statement from new ONDCP honcho Gil Kerlikowske? Has he somehow been possessed by the spirit of his predecessor, John Walters?

While never a reformer, Kerlikowske had a reputation for being pretty rational while he was police chief in Seattle. But a story in Wednesday’s Fresno Bee quotes the drug czar as saying, “Marijuana is dangerous and has no medicinal benefit.”

Bear in mind that this is from an administration whose declared policy is not to attack state medical marijuana laws (even though the law authorizing ONDCP requires the director to “take such actions as necessary to oppose any attempt to legalize the use” of any Schedule I drug). And bear in mind that Mr. Kerlikowske’s scientific judgment has been contradicted by, among others, the American College of Physicians, the American Public Health Association, American Nurses Association, American Academy of HIV Medicine, etc., etc., etc.

Click here to use our online action center to send a message to the president about his drug czar’s statement.

Distressingly, Kerlikowske made the remark while tagging along on the latest adventures of California’s marijuana “eradication” drive, for which he seems to have become an enthusiastic cheerleader. This is a campaign that, despite a 2,000% increase in plant seizures over the last dozen years, has produced zero reduction in marijuana availability. But it has had one notable impact: Until 2001, the majority of plants seized were on private lands. Now, nearly three-quarters are on public lands — often environmentally sensitive areas located in national parks and forests. “Eradication” campaigns have literally driven growers into the hills, multiplying the environmental damage.

So the new drug czar is touting policies that make the problem worse while spouting unscientific nonsense. John Walters lives.

The California Narcotics Officers Association, from its official training materials: “Marijuana is not a medicine. … There is no justification for using marijuana as a medicine.” [emphasis in original]

Or…

The American College of Physicians, from its position statement on medical marijuana: “Preclinical and clinical research and anecdotal reports suggest numerous potential medical uses for marijuana. … Given marijuana’s proven efficacy at treating certain symptoms and its relatively low toxicity, reclassification [out of Schedule I of the Controlled Substances Act] would reduce barriers to research and increase availability of cannabinoid drugs to patients who have failed to respond to other treatments.”

From time to time drug warriors tell us that no one goes to jail for marijuana possession. Tell that to Cynthia Prude, whose daughter Theresa died in a Houston, Texas jail over the weekend while serving a two and one-half week jail sentence for marijuana possession.

Thus far, officials aren’t revealing the circumstances or the cause of death, but this isn’t the first time someone has died serving a short jail sentence for marijuana possession. In September 2004, quadriplegic Jonathan Magbie — who used marijuana to relieve the chronic pain lingering from the childhood accident that left him paralyzed — died in the Washington, D.C., jail while serving a 10-day sentence for marijuana possession.