A medical marijuana grower in Ellsworth, Maine received a pleasant surprise on Saturday: a marijuana delivery from the police. Thomas Davis, a state-licensed medical marijuana caregiver and grower, lost 17 marijuana plants from his greenhouse in a burglary on Wednesday night. The thief, 32-year-old Aaron Pert, was arrested soon afterward and charged with offenses including marijuana possession, burglary, and theft. He confessed to breaking into the greenhouse and stealing the plants and led the police to the location where he had hidden the majority of the stash. However, the police delayed returning the marijuana to Davis for two days, concerned that they might be violating federal law, which makes all marijuana possession, cultivation, and distribution criminal offenses.

According to Ellsworth police lieutenant Harold Page, this was the first case in the state in which marijuana had been stolen from a licensed medical marijuana provider, so the police department consulted with the Maine DEA as well as the state’s attorney general as to whether they should return the plants. Ellsworth Police Chief John DeLeo stated on Monday that as far as he was concerned, returning the plants was legal.

The delay led to the majority of the marijuana being ruined by mold. Davis estimated that he lost about six months’ worth of the crop and could only salvage 15 percent of it, enough for one month. He mentioned other licensed marijuana providers who are considering giving him some of their own plants to make up for the loss, but said that otherwise, his patients might soon need to look elsewhere for their medicine.

Davis, however, sees an upside to the situation. He said thieves may have assumed that they could steal from legal medical marijuana growers with impunity, since theft of plants from illegal marijuana growing operations would certainly go unreported to the police. Hopefully, as Davis suggests, his case will serve as a precedent for both the police, who might not be so hesitant to return stolen marijuana in the future, and to potential thieves. “It’s not the Wild West out here,” he said. “I feel like most of what I’m salvaging is a chance to get this out to the public, to let people know they can’t target medical marijuana patients and growers. The police will protect us.”

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The astute readers of the MPP blog no doubt recall the Los Angeles City Council’s terrible decision to ban medical marijuana dispensaries back in July. Unfortunately, the council didn’t stop there. They then made the decision to circumvent California law by asking the LAPD to work with the Drug Enforcement Agency to shut down dispensaries that were based in L.A. After the ban was passed – and while the council was busy making fast friends with the DEA – activists were busy gathering the necessary signatures to place a referendum on a ballot to repeal this ban. The activists succeeded, meaning the council had two options: repeal the ban themselves or put the referendum on a special election or the March mayoral ballot allowing the residents of Los Angeles to have the final say.

Today the council – joined once again by Councilmember Bill Rosendahl who returned to council duties after going through chemotherapy – held their vote on whether or not the previously enacted ban would stand. In a move that surprised me, the council preliminarily voted to repeal the ban by an 11 – 2 vote. The council will have to take a second vote on repealing the ban next week. If eight of the 11 “yes” votes hold steady, the ban will be repealed.

The council also took up a proposal to urge state lawmakers in Sacramento to pass sensible regulations that would allow medical marijuana patients to safely and immediately obtain their medicine while preventing diversion and unsavory business practices. This entirely reasonable request of Sacramento passed easily: 13 – 0.

MPP is incredibly grateful for all the good and hard work put in by local activists who gathered the necessary signatures to force the repeal vote. This would never have happened without their commitment to safe access.

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The Arkansas Supreme Court ruled on Thursday that a medical marijuana voter initiative can remain on the state’s ballot for the upcoming elections. The Coalition to Preserve Arkansas Values had brought suit against the initiative, claiming that its proposed description on the ballot was misleading, in that it did not sufficiently emphasize the illegality of marijuana under federal law. The proposed language has already been revised more than once in response to similar comments from the state’s attorney general. The court characterized the ballot summary for Arkansans for Compassionate Care’s initiative as “an adequate and fair representation without misleading tendencies or partisan coloring,” dismissing the conservative coalition’s complaint.

If the initiative, known as Issue 5, is successful, medical marijuana patients approved by the state’s Department of Health would be authorized to possess marijuana, as well as to cultivate a limited number of plants for their own use. They would also be permitted to purchase the drug from any of a maximum of 30 non-profit dispensaries. The approved summary of the initiative mentions specific diseases for which marijuana could be authorized as a treatment, including AIDS, cancer, glaucoma, ALS, PTSD, and Crohn’s disease, as well as any “chronic or debilitating” disease which produces particular symptoms including severe nausea, chronic pain, wasting, persistent muscle spasms, or seizures. The measure has a slight lead in the polls.

Arguments from opponents of the issue were based on speculation or distraction rather than medicine. Jerry Cox, president of the Family Council Action Committee, a member of the coalition which filed suit against the measure, claimed that the “real agenda” of the initiative was to completely legalize marijuana. He based this on the fact that many supporters of medical marijuana also support farther-reaching marijuana law reform. Larry Page, the director of the Arkansas Faith and Ethics Council, another member of the coalition, made a similar red-herring argument, calling it “the first incremental step to legalizing marijuana for recreational use.”

But the question on the ballot, of course, deals with the medical use of marijuana for serious illnesses, which the scientific evidence supports. Cox further claimed in complete seriousness that since smoking tobacco is harmful for your health, medical marijuana must be useless and even harmful. He added the claims that marijuana is addictive and that marijuana use would increase if medical use were allowed. Studies show, however, that relaxing criminal penalties has no effect on usage rates, while the Institute of Medicine states that if marijuana dependence exists, it is mild and rare compared to most other drugs. Voters will hopefully see through the coalition’s claims to the contrary, making Arkansas the 18^th state in the U.S., and the first in the South, to recognize the medical value of marijuana.

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As we covered earlier, Fiona Apple was recently arrested for possession of marijuana and hash in Sierra Blanca, TX. Penalties for hash are severe in Texas, and Apple is facing up to ten years in prison. She is out on bail and was able to perform on stage. In response to some statements Fiona Apple made about her treatment after being arrested , a spokesman for the Hudspeth County Sheriff's Office fired off an interesting letter.

From the Daily Beast:

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When a dedicated group of activists hoping to reform Springfield, Missouri’s punitive marijuana laws turned in thousands of signatures they had collected fair and square, they thought the next step would be for voters in Springfield to decide whether or not to support their proposal. In other words, they thought the initiative process works like common sense says it should. They were wrong. What happened next is an example of disenfranchisement so egregious it belongs in a work of fiction.

The Springfield City Council, as is their legal right, went ahead and passed the ordinance, meaning it would not be placed on the November ballot. Their stated reason for this was that they didn’t want the city to have to front the cost of printing the issue on general election ballots. In other words, they were just trying to save the city some money, they said. Normally, at this point, the story would be over. But this is Springfield.

Immediately after the council passed the ordinance, they voted to “table” it, so they could amend the law to their liking. Some wanted to raise the $150 fine, which they thought was too low. Others wanted to remove a provision establishing a “citizen oversight commission.” It gets worse. After 150 people showed up to offer their testimony—the overwhelming majority in support of the original ordinance—four of the nine councilmembers moved forward with a plan to repeal the entire ordinance, stripping citizens of their fundamental right to vote on the proposal. Here’s a quote from one of those councilmembers, and I promise I’m not making this up: "I'm going to support passing, and then gutting, the entire ordinance," said Councilman Jeff Seifried. "This is the fiscally responsible way to do business."

Last night those oligarchs councilmembers followed through on their intentions and repealed the ordinance. The petitioners from Show Me Cannabis Regulation who gathered the signatures are assessing their options now. They have 30 days to gather more signatures to repeal the council’s vote (which, of course, could then be overturned by the council). More likely, they’ll sue to challenge the council’s action as violating the city charter’s initiative language. Either way, one thing is clear: the Springfield, Missouri City Council does not care about your voting rights.

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Marijuana reform is a hot topic of conversation in state legislatures around the country and not just in traditionally liberal states like California and Rhode Island. In fact, bills to make marijuana possession punishable by a fine only, rather than jail time, were introduced this year in conservative bastions like Arizona and Tennessee, and it’s a too-well-kept secret that such laws have been on the books since the '70s in Mississippi, Nebraska, Ohio, and several other less-than-liberal states.

You can now add Indiana to the list of states where the conversation has gone mainstream. Last week, influential Republican state Senator Brent Steele (R-Bedford) announced he’d be introducing legislation to make possession of up to 10 grams of marijuana an “infraction,” punishable by fine, rather than a criminal misdemeanor.

"We have to ask ourselves as a society, do we really want to be locking people up for having a couple of joints in their pocket," Steele told local media. "Is that how we want to be spending our criminal justice resources?" Steele also pointed out that several other states have already embraced similar policies, noting that “society didn’t melt down, and we didn’t turn into a drug-crazed culture as a result of it.”

Similar legislation has been introduced before by state Senator Karen Tallian (D-Portage), but without the support of Republicans, who hold a majority in both chambers, it never got off the ground. Speculation is that Steele’s support could change that. Steele, who is closely allied with Indiana prosecutors and is described by Indiana political veterans as a “rock-ribbed law-and-order guy,” chairs the powerful Senate Committee on Corrections, Criminal and Civil Matters where the bill would likely be assigned.

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Breast cancer kills. Even mentioning the term can be a little creepy. However, thanks to slow but steady scientific progress, it’s not the killer it once was. We’re starting to understand that genetics plays a role in a minority of cases. We’ve found clear links to obesity, high-fat diets, and cigarette smoking. Lack of exercise probably plays a role, too. Regular screening seems like a good idea, but, like many ideas in science, it has some controversy. Treatments are markedly better than they once were, but they can be tough.

The cannabis plant could help. We all know that THC improves appetite and nausea for anyone enduring chemotherapy. This relief is quite the feat. I don’t want to upset anyone’s stomach with a description, but nausea is no treat. We’re not talking about the average queasiness here. Chemotherapy often creates the kind of nausea that prevents any kind of concentrated effort, any movement, and just about any pleasant thought. Never mind eating enough to stay strong and healthy during a challenging time. Unfortunately, nausea drugs can be pricey. Most require that a patient swallow them — hardly a delightful thought under the circumstances. The lucky few who can get a pill down still have to wait for digestion before they feel better. Inhaled cannabis can do all that in seconds for a fraction of the cost. Which would you choose for yourself or your loved ones?

But new evidence suggests that cannabis has the potential to combat breast cancer itself, not just battle the side effects of chemotherapy. A few years ago, we saw that THC, one of the 60+ chemicals unique to the cannabis plant, keeps human breast cancer cells from spreading. Last year, researchers at Harvard showed that CBD, another treasure from the plant, essentially makes breast cancer cells kill themselves. Now researchers in Japan have focused on CBDA, CBD’s precursor. They showed that it also keeps breast cancer cells from spreading.

What does this mean for use of the plant in treating breast cancer patients or preventing breast cancer in the first place? Alas, we have no idea. That, in some ways, is the saddest part. Wouldn’t it be great to know if the whole plant, with all these helpful substances combined into one source, could ward off breast cancer in an actual human being? It’s going to be hard to find out given our current laws. Prohibition has made research with the whole plant an unparalleled hassle. Most researchers are stuck trying to use one cannabinoid at a time. They often get synthesized chemicals from labs rather than extracts from the plant. They study cell lines in petri dishes instead of breast cancer in real people.

Are those who use cannabis regularly less likely to get breast cancer? It’d be great to know. Currently though, there’s little research funding for any study that might prove that cannabis is not evil. In addition, under prohibition, those who use cannabis are often frightened to tell doctors or researchers that they do. Any study of this type would need money to be done right. And there’s just not much money out there for this kind of work. A cure for breast cancer might rest in a simple green plant that’s been around for millennia. Why don’t we try to find it?

It looks like the U.S. would rather let people die than admit we made a mistake prohibiting marijuana.

Dr. Mitch Earleywine is Professor of Clinical Psychology at the University at Albany, State University of New York, where he teaches drugs and human behavior, substance abuse treatment and clinical research methods. He is the author of more than 100 publications on drug use and abuse, including “Understanding Marijuana” and “The Parents’ Guide to Marijuana.” He is the only person to publish with both Oxford University and High Times.

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In a bizarre case of history repeating itself, another celebrity has been arrested in the Texas border town of Sierra Blanca. Sitting just 10 miles from the Mexico border, Sierra Blanca has an interstate running through it that has become quite a lucrative source of cash and publicity for the local sheriff. In the past several years, Willie Nelson, Snoop Dogg (I mean, Snoop Lion), and hacker George Hotz have all been stopped at the same check point and either cited or arrested for marijuana possession.

Now Fiona Apple has joined the club, and it is no laughing matter. Apple was caught with a small amount of marijuana and hash, but it is more serious than it seems. In Texas, possession of any amount of hash is treated as a felony. The amount Apple supposedly had on her bus is punishable by at least two years in prison, and up to 10!

Texas law punishes hash and other marijuana concentrates much more severely than simple marijuana, even though they are essentially the exact same thing aside from the potency. Anything under four grams gets you the penalty Apple is facing, but anything over that can get you 20 years in prison, and over 400 grams can put you behind bars for 99 years.

Texas is one of the few states that make this dubious distinction, but it isn’t the worst. Last April, Oklahoma passed a law making manufacture of hash punishable by a life sentence.

We’ll keep you updated, but it looks like this talented singer could be doing serious time for merely traveling through the wrong town carrying a substance that is safer than alcohol.

Note to celebrities or anyone traveling in a fancy tour bus: STAY AWAY FROM SIERRA BLANCA.

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In another example of drug war excess, officers raided and vandalized the home of Beach Park, Illinois resident Paul Brown on Friday afternoon of last week. The apparent impetus for the raid was a mysterious package delivered to the house 10 minutes earlier. Brown’s son-in-law, Wilmer Aries, received the package and noted that it was not addressed to any of the house’s residents. Instead, it bore the name “Oscar” and an unfamiliar last name.

Brown, a 58-year-old architect, explained that the officers with the Lake County Metropolitan Enforcement Group broke down his front door in the no-knock raid, handcuffed him, and pointed a gun at his face. “The garage door was open. They could have just walked in,” he said. “They didn’t have to crash the front door down.”
Although the officers seized the package, claiming it contained marijuana, their two-hour ransacking of the house, including ripping out insulation from the basement walls, uncovered no evidence to incriminate anyone in the house and led to no arrests. “They were upset they didn’t find anything. When I asked them who was going to pay for the door they basically said, ‘Not us’,” said Brown, who noted the door on his luxury home was valued at $3,000 some 12 years ago and the lock set was another $130 from Home Depot.

Brown even noted that the officers, far from apologizing for their mistake, seemed to be congratulating each other on the operation with high fives and fist-bumps. His subsequent calls to the MEG were not returned, nor were calls from news outlets. He has hired a lawyer to file a civil suit and explains that he and his 77-year-old mother-in-law were particularly shaken by the incident. “She’s afraid to even take a nap on the couch now,” he said. “I can hardly sleep. It changes your frame of mind.” His lawyer, Christopher Cohen, characterized the Browns as “innocent bystanders in the war on drugs.”

As Reason.com notes, this is not the first time a wrongful no-knock raid was carried out in the U.S. based simply on the delivery of a package of marijuana. In 2008, the home of Cheye Calvo, mayor of Berwyn Heights, Maryland, was raided by a SWAT team and his two dogs fatally shot. The mayor complained, leading to an investigation, but as the raid was ultimately ruled legitimate, this will likely not be the last such incident.

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Are you a medical marijuana patient — or if it’s not yet legal in your state, would you be if the option were available? Medical Marijuana Business Daily, one of the leading business news sources for the medical marijuana industry, is asking for people to complete a quick (and anonymous) survey. The questions are focused on giving feedback to dispensary owners, to let them know what patients are looking for when they pick their provider.

It’ll just take a few minutes of your time, and no contact information is required, so please head on over and take their survey!

Also, for those readers who are involved in the industry on the business side, MPP’s Rob Kampia will be giving the keynote address at Medical Marijuana Business Daily’s National Medical Marijuana Conference on November 8 in Denver. Check out what the conference has to offer here. If you buy your ticket before October 31, you save $150!

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