Group Wants Rights For AIDS Patients

By John Richardson
Staff Writer

Maine’s Department of Health and Human Services has selected three licensees to operate Maine’s first six medical marijuana dispensaries.
A group with California roots, Northeast Patients Group,  was chosen to operate the dispensary in Cumberland County. That group also will operate three of the state’s other dispensaries.
None of the six applicants for a York County dispensary were considered qualified under the state’s scoring criteria, so the state is reopening the application proicess for that license.
The selected operators will now begin applying for local operating permits and growing  supplies of the medication.
The successful applications may be viewed and scoring summaries are available on the DHHS website.
Here is the full news release.
AUGUSTA- The Division of Licensing and Regulatory Services (DLRS) in the Department of Health and Human Services announced the selection of three non-profit corporations to dispense marijuana under Maine’s Medical Use of Marijuana Act.
A dispensary system has been established to assist registered patients whose physicians believe they will benefit from the medical use of marijuana for certain serious medical conditions.
A total of 27 applications were reviewed by a four-member panel. They were scored based on criteria outlined in the application instructions, including their plan to operate as a non-profit corporation long-term, convenience of location, prior business experience, patient education, record-keeping, inventory, and quality control.
Those who obtained the highest scores in their Districts and met the required minimum score of 70 were:
District 2 (Cumberland County): Northeast Patients Group
District 3 (Franklin, Oxford, Androscoggin): Remedy Compassion Center
District 4 (Waldo, Lincoln, Sagadahoc, Knox): Northeast Patients Group
District 5 (Somerset, Kennebec): Northeast Patient Group
District 6 (Piscataquis, Penobscot): Northeast Patient Group
District 8 (Aroostook): Safe Alternatives of Fort Kent
In District 1 (York County) and District 7 (Washington, Hancock Counties), no applicants reached the minimum score needed to be considered for selection.  There were six applicants in District 1 and two applicants in District 7.
“We are re-opening the application process in these Districts,’ said Cathy Cobb, Director of the DLRS. “Those who were not selected can make changes to their plans and re-apply.” Cobb said the deadline to re-apply will be August 20 and that details can be found on the DLRS web site.
DHHS Commissioner Brenda Harvey commended the committee for its dedication and thorough review.
“I appreciate the many hours that the panel and our licensing staff have dedicated to this work and to adhering to this aggressive time schedule,’’ Harvey said.
Cobb said that she will be meeting with the dispensaries chief executives to review their applications and to discuss next steps. She anticipates it will take between two and four months for a dispensary to be open to patients.
http://www.onlinesentinel.com/news/State-chooses-marijuana-dispensaries.html

Medical marijuana: Boulder official says state can't defend moratorium

The Denver City Council amendment that essentially zoned Altitude Organic Medicine out of existence was fast-tracked due to what most observers interpret as a state moratorium on approving new medical marijuana businesses until July 2011.
But Boulder assistant city attorney Kathy Haddock believes the legal language allegedly establishing this moratorium is so muddy that her community won’t enforce it.

For Haddock, the problems pertain to contradictions in HB 1284, a measure signed into law by Governor Bill Ritter that’s intended to regulate Colorado’s medical marijuana industry.
“In part 1a, it implies that after July 1, 2010, no licenses will be granted,” she notes. Here’s the pertinent section:

12-43.3-103. Applicability. (1) (a) ON JULY 1, 2010, A PERSON WHO IS OPERATING AN ESTABLISHED, LOCALLY APPROVED BUSINESS FOR THE PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS OR A PERSON WHO HAS APPLIED TO A LOCAL GOVERNMENT TO OPERATE A LOCALLY APPROVED BUSINESS FOR THE PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS WHICH IS SUBSEQUENTLY GRANTED MAY CONTINUE TO OPERATE THAT BUSINESS IN ACCORDANCE WITH ANY APPLICABLE STATE OR LOCAL LAWS. “ESTABLISHED”, AS USED IN THIS PARAGRAPH (a), SHALL MEAN OWNING OR LEASING A SPACE WITH A STOREFRONT AND REMITTING SALES TAXES IN A TIMELY MANNER ON RETAIL SALES OF THE BUSINESS AS REQUIRED PURSUANT TO 39-26-105,C.R.S., AS WELL AS ANY APPLICABLE LOCAL SALES TAXES.

However, Haddock continues, “subsection b talks about cities issuing licenses after August 1, 2010.” That paragraph reads:

(b) TO CONTINUE OPERATING A BUSINESS OR OPERATION AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE OWNER SHALL, ON OR BEFORE AUGUST 1, 2010, COMPLETE FORMS AS PROVIDED BY THE DEPARTMENT OF REVENUE AND SHALL PAY A FEE, WHICH SHALL BE CREDITED TO THE MEDICAL MARIJUANA LICENSE CASH FUND ESTABLISHED PURSUANT TO SECTION 12-43.3-501. THE PURPOSE OF THE FEE SHALL BE TO PAY FOR THE DIRECT AND INDIRECT COSTS OF THE STATE LICENSING AUTHORITY AND THE DEVELOPMENT OF APPLICATION PROCEDURES AND RULES NECESSARY TO IMPLEMENT THIS ARTICLE. PAYMENT OF THE FEE AND COMPLETION OF THE FORM SHALL NOT CREATE A LOCAL OR STATE LICENSE OR A PRESENT OR FUTURE ENTITLEMENT TO RECEIVE A LICENSE. AN OWNER ISSUED A LOCAL LICENSE AFTER AUGUST 1, 2010, SHALL COMPLETE THE FORMS AND PAY THE FEE PURSUANT TO THIS PARAGRAPH (b) WITHIN THIRTY DAYS OF ISSUANCE OF THE LOCAL LICENSE. IN ADDITION TO ANY CRIMINAL PENALTIES FOR SELLING WITHOUT A LICENSE, IT SHALL BE UNLAWFUL TO CONTINUE OPERATING A BUSINESS OR OPERATION WITHOUT FILING THE FORMS AND PAYING THE FEE AS DESCRIBED IN THIS SUBSECTION (b), AND ANY VIOLATION OF THIS SECTION SHALL BE PRIMA-FACIE EVIDENCE OF UNSATISFACTORY CHARACTER, RECORD, AND REPUTATION FOR ANY FUTURE APPLICATION FOR LICENSE UNDER THIS ARTICLE.

“And then,” Haddock goes on, “section 103, part two, says local governments can regulate the licensing and sale of medical marijuana prior to July 1, 2011.” Here’s that passage:

(2) (a) PRIOR TO JULY 1, 2011, A COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY ADOPT AND ENFORCE A RESOLUTION OR ORDINANCE LICENSING, REGULATING, OR PROHIBITING THE CULTIVATION OR SALE OF MEDICAL MARIJUANA. IN A COUNTY, CITY AND COUNTY, OR MUNICIPALITY WHERE SUCH AN ORDINANCE OR RESOLUTION HAS BEEN ADOPTED, A PERSON WHO IS NOT REGISTERED AS A PATIENT OR PRIMARY CAREGIVER PURSUANT TO SECTION 25-1.5-106, C.R.S., AND WHO IS CULTIVATING OR SELLING MEDICAL MARIJUANA SHALL NOT BE ENTITLED TO AN AFFIRMATIVE DEFENSE TO A CRIMINAL PROSECUTION AS PROVIDED FOR IN SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION UNLESS THE PERSON IS IN COMPLIANCE WITH THE APPLICABLE COUNTY OR MUNICIPAL LAW.

On top of that, Haddock counts “nineteen specific references in the statute” to local governments being able to enact their own rules when it comes to medical marijuana businesses.
“Putting all these things together, I don’t know how the state can say local governments have to stop issuing licenses. Plus, for a moratorium, there usually has to be some kind of emergency. At least there does for local governments. And I don’t recall anything in the discussion about why there needs to be a moratorium, and there’s no explanation of why one is needed in the statute. If they explained a reason for the moratorium, it would at least be a declaration of why it was necessary. But the specific language in the statute still says local governments can issue licenses.”
Just as problematic from her perspective, “we’ve had no guidance about what the state’s going to do when cities exercise local control.”
Presumably, many of these issues are being addressed by folks at the Department of Revenue, who are currently trying to put rule-making meat on HB 1284’s bones. In the meantime, though, what are would-be entrepreneurs to do?
Medical marijuana attorney Danyel Joffe is advising her clients to treat the moratorium as genuine even if there are questions about it, since it may take legal action to clear up the confusion. That makes sense to Haddock.
“The state can kind of do what it wants,” she says. “So I don’t know what I would do if I was in business. They’re in a very difficult position.”
Nonetheless, Boulder’s official view is that it can continue issuing licenses, moratorium or no. If the result is a lawsuit from an entrepreneur approved by Boulder but spurned by the state, “city council would have to decide what to do,” Haddock allows. “If the city was named, we’d defend it, but if it was just between the dispensary and the state, it would be up to the council.”
Haddock laments that the final piece of legislation was so unclear in so many ways. “This bill kept being rewritten substantially until very late in the process,” she points out, adding, “I would love to have some answers to these things.”
And in less than a year.

Legalization of Marijuana a Civil Rights Issue?

July 8, 2010 /EIN Presswire/ — Some say the legalization of marijuana in the U.S. would help curb the horrific drug-cartel violence just over the border in Mexico. Others say legalizing marijuana is a way to raise much needed tax revenue, especially in currently economically challenged California. The head of the California NAACP, however, says marijuana should be made legal in order to stop civil rights violations and discriminatory law enforcement practices.
CA NAACP President Alice Huffman recently threw her organization’s weight behind California Proposition 19, the Control and Tax Cannabis Initiative to legalize marijuana, because marijuana laws are disproportionately applied to African-Americans.
A recently released study by the Drug Policy Alliance, “Targeting Blacks for Marijuana: Possession Arrests of African Americans in California, 2004-08,” says that in California’s largest counties, “blacks are arrested for marijuana possession at higher rates than whites, typically at double, triple or even quadruple the rate of whites.” This despite the fact, the study says, that “U.S. government studies consistently find that young blacks use marijuana at lower rates than young whites.”
http://uspolitics.einnews.com/pr-news/95614-legalization-of-marijuana-a-civil-rights-issue-ca-naacp-chief-says-yes

More Than a Whiff is Needed

Smell of marijuana and the sight and smell of 20 air fresheners hanging from the top of the cab weren’t enough to justify warrantless search, court finds

New Jersey Law Journal

July 08, 2010

The probable cause was so thick you could smell it, but that still didn’t give a New Jersey state trooper authority for a warrantless search of a tractor-trailer cab for marijuana, an appeals court says.
Applying retroactively State v. Pena-Flores, 198 N.J. 6 (2009), which requires both probable cause and exigent circumstances for a warrantless search, the judges in State v. Pompa, A-0139-08, said a strong odor of marijuana could supply the former but not the latter.
Though police could perform a warrantless administrative inspection of certain parts of the truck for regulatory compliance, that authority ended once the search intruded into the sleeper compartment of the cab, the court held on July 2.
Ender Pompa was stopped on Interstate 78 in Greenwich, Warren County, at about 8:30 a.m. on Jan. 28, 2007, because his U.S. Department of Transportation registration number appeared to have been tampered with.
As State Police Trooper Michael Budrewicz approached the truck’s cab, he was struck by the strong smell of air fresheners. He looked inside and saw 20 air fresheners hanging from the top of the cab. In addition, Pompa was extremely nervous and his logbook was not in order.
Budrewicz decided to perform an on-site safety inspection, as specifically permitted by DOT regulations. When he climbed into the cab to test the seatbelts, he detected a strong odor of fresh marijuana that appeared to be coming from the cab’s sleeper compartment. He searched the compartment and found two duffel bags, one of them in a closet. It was filled with 30 pounds of marijuana.
Pompa was arrested at the scene and later told troopers that he had agreed to transport the marijuana from Florida to Connecticut for $6,000.
Superior Court Judge John Pursel denied the suppression motion, saying the search was justified as an administrative inspection under the business exception to the warrant requirement, and because the smell of the marijuana gave Budrewicz probable cause to search. Pompa was convicted and handed a 10-year sentence.
Reversing, Appellate Division Judges Clarkson Fisher Jr., Francine Axelrad and Paulette Sapp-Peterson found that the limits of the administrative inspection were exceeded once the trooper entered the sleeper compartment.
At that point, Pena-Flores — a ruling that has caused warrantless searches by state police to plummet since it came down in early 2009 — should control, said Fisher, writing for the panel. Unless the driver consents, a warrantless search can be conducted only if a three-part test is satisfied: the stop is unexpected; police have probable cause the vehicle contains contraband or evidence of a crime; and exigent circumstances make it impracticable to seek a warrant. Fisher said the first two Pena-Flores requirements were satisfied but not the third.
To the state’s proffered exigent circumstances — the time of day, the remote location of the stop, the number of troopers at the scene and the irregularities concerning the DOT number — Fisher said they actually supported the defense position. The truck was stopped at 8:30 a.m., when it would have been easy to apply for a warrant; the stop was on a well-traveled interstate highway; and the trooper was not outnumbered.
Arrangements could have been made to tow the truck to a secure location and to apply to a judge for a search warrant, he added.
Fisher also dismissed the state’s suggestion that the marijuana odor itself could suffice as an exigent circumstance. The state cited State v. Birkenmeier, 185 N.J. 552 (2006), in which police, acting on a confidential tip that the defendant would be making a large marijuana delivery in Long Branch, N.J., at a particular time, stopped his vehicle, saw a laundry tote bag on the seat next to him and smelled a very strong odor of marijuana.
Though the Supreme Court upheld the search, “it is difficult to accept the State’s suggestion that the Court in Birkenmeier intended to find an exigency from circumstances that relate only to probable cause, particularly in a case in which the presence of exigent circumstances was not at issue,” Fisher said.
Fisher also distinguished State v. Hewitt, 400 N.J. Super. 376 (App. Div. 2008), which upheld a trooper’s use of a fiber-optic device to search for a hidden compartment. Pompa’s sleeping chamber and closet “were certainly more private than a cargo hold or, as in Hewitt, a secret compartment attached to a cargo hold,” he said.
Fisher said it would have been permissible under the business exception to search the sleeping compartment without a warrant to determine if it met DOT safety regulations. “However, the regulations do not encompass closets or personal belongings inside a sleeper cabin and, as a result, the closely regulated business exception cannot form the basis for a warrantless search into those areas,” he said.
Public Defender Yvonne Smith Segars called the ruling a “common sense application of the rules set forth by the Supreme Court in Pena-Flores governing the search of moving vehicles.”
Warren County Prosecutor Thomas Ferguson did not return a telephone call seeking comment.

LSU studying Marijuana's Influence on HIV

NEW ORLEANS (AP) — An LSU Health Sciences Center researcher has been awarded a $4 million grant for a five-year study on how cannabinoids, the principal psychoactive component of marijuana, can affect HIV patients.
Dr. Patricia Molina will lead a team examining how the substance produces subtle changes in gene activity that can affect how a patient responds to HIV.
The grant was awarded by the National Institute on Drug Abuse, a division of the National Institutes of Health.
Molina says the research could lead to new HIV treatment therapies.
http://www.wcsh6.com/news/health/story.aspx?storyid=119952&catid=8

Pot Prices Could Plummet

Posted by Bryce Crawford on Thu, Jul 8, 2010 at 5:36 AM

marijuana-california.jpeg

If California legalizes marijuana for personal use, prices for the drug could fall from an average of $375 per ounce, to as low as $38 per ounce, says a study from the nonpartisan RAND Drug Policy Research Center, and reported by the Associated Press.
Besides prices, RAND attempted to accurately gauge the financial impact legalized marijuana would have on the state’s economy. The California Board of Equalization has previously estimated an additional $1.4 billion in revenue would be generated if Proposition 19 passes; RAND, however, says the impact could be much greater.

The researchers said legalization could bring substantially more than $1.4 billion in new revenue if California sees an influx of “marijuana tourism” similar to Amsterdam’s, where pot is legally sold at coffee shops, and if out-of-state dealers purchase California cannabis to sell back home.”You would certainly guess that if it’s cheaper to produce it in California legally than to import it from Mexico, it would reduce imports from Mexico,” Jonathan Caulkins, a Carnegie Mellon University who also worked on the study, said. “Presumably, it would decrease them a lot.”

While it’s a non-issue for Coloradans at the moment, its a certainty that rock bottom prices just a few states away would affect the price of local medical marijuana.

Drug Bust Nets Leader of Big Island Marijuana Ministry

A two-year investigation led to the arrests of 14 people on the Big Island in connection with an alleged marijuana growing and distribution network.
The leader of the group has openly said cannabis is a religion for him and that he’s proud to spread what he calls the sacrament. How he did it, though, appears to have run afoul of federal authorities.
Roger Christie of Hilo speaks openly about what he calls his religion — his THC ministry, and of the wealth that has flowed from it.
“The nickname for it is ganja-nomics,” he says on web videos he made promoting his services, “the natural economy that happens when you have freedom and cannabis together.”
He claims a state license to be a wedding minister is his license to provide the drug. For donations of varying amounts The Hawaii Cannabis Ministry based issues a “Religious Use of Marijuana” ID card, ordainment, legal defense kits, and what the founder calls the sacrament — marijuana
“We use cannabis religiously, and you can too,” Christie says. “Raise the level of acceptance for having the blessings of cannabis in our life. I know you want it. I wanted it, I was hungry for it. I got it.”

Thursday he got arrested, along with more than a dozen others, picked up in various locations from Hilo to Honokaa. Drug enforcement agents, sheriffs, county police, immigrations and customs and even postal agents were part of the bust. Sources say 14 people in all were taken into custody.

“They were only after people that they had federal indictments for,” said Nathan Clark, who lives in the THC Ministry building called The Moses Building. “They left all my things alone. They told me I was free to go.”
Clark said he is from Iowa and has been out of jail himself since May 11th.
“The DEA, it’s one of their last hurrahs in their failed drug war, the war against cannabis,” Clark said.
The suspects were put on a Coast guard c-130 plane bound for Oahu. Authorities declined to comment.
In the past associates of Christie have been arrested as far away as the East Coast. At the time of a high-profile raid in Florida 2 years ago, Christie told KHON2 his religion is a defense against prosecution.
“Everyone in the USA is born into the right to cultivate and to use cannabis,” he said. “Every state in the United States guarantees religious freedom for each of their citizens, and the federal government does, too.”
Christie openly guided his followers about a Hawaii County law directing low-priority for low-quantity marijuana busts.
“There is no more budget for the county police or prosecutors to go after people who are in the misdemeanor amount of cannabis,” Christie claims, “and that’s the 24 plants and 24 ounces.”
And to feed what Christie told KHON2 was a demand that exceeded supply, he developed a system where ministry members could grow pot at home, make a donation of cannabis to the ministry and get a monetary donation in return. Though 14 are now in custody, the ministry boasts more than 60,000 members.
“May your garden grow green and plenty,” Christie says. “We’ll see you at harvest time.”
The U.S. Attorney’s office told KHON2 it plans a press conference about the bust tomorrow.

Growing Pains

About 50 supporters of MediMar Ministries and other area medical marijuana centers came to an informal meeting Wednesday night with several members of City Council, who said they wanted public comment on whether to let city voters decide whether to allow marijuana centers in Pueblo.
What they got were cheers for wanting to hear from the medical marijuana community, but also protests over the city’s decision on June 30 to issue a cease-and-desist order to MediMar, the only center that was openly operating in the city, despite a city moratorium on allowing or licensing such businesses.
Some of the loudest applause came when speakers said the city should repeal that cease-and-desist order. The problem is July 1 was a state deadline for marijuana centers currently in operation to demonstrate they had local government approval; otherwise they would be forced to shut down until a state license is available next year. Although MediMar had a business license, city officials have repeatedly argued that was granted before officials knew it was a marijuana center.
Monday night, council is going to consider an ordinance from Councilwoman Judy Weaver that would let city voters decide on Nov. 2 whether to allow marijuana centers in the city.
Councilman Steve Nawrocki organized Wednesday night’s meeting to hear from interested citizens on that subject and he was joined by Councilmen Leroy Garcia, Ray Aguilera and Chris Kaufman in listening to about 90 minutes of comments. Most of the speakers were people who acknowledged they either used and needed medical marijuana or were involved in operating a center.
Weaver also attended the meeting, sitting in the audience, but left early.
The public comments often echoed each other, with speakers insisting that Colorado voters approved medical marijuana in 2000, and the city’s delay in implementing a licensing process for marijuana centers was depriving patients of the medicine they need.
“Why do you want to vote on medical marijuana again? Do we get to vote on whether people can use (the painkiller) Vicodin?” a woman demanded.
Anita Montoya said she had a “drawer full of prescriptions” that hadn’t helped her medically, but marijuana did. “You’re taking away my ability to get medicine,” she said.
That clearly isn’t the intention of Garcia and Aguilera, who told the crowd that council doesn’t want to deny them access to medical marijuana. Garcia gave a slide show of local growers where the marijuana plants were stashed in closets and backrooms, clearly underground operations that were hazardous to operate.
Garcia’s point was that by licensing and regulating centers, the city would make the process of providing medical marijuana to state-approved people safer and easier to police.
“I like the idea of the city regulating and licensing centers,” he said. “The taxes, the licenses, would all help to legitimize these businesses.”
Nawrocki also emphasized that even if city voters approved a ban on marijuana centers, it would not affect the right of medical marijuana users to grow their own — as provided by the state constitutional amendment.
“Some people are confused. They think that banning centers in the city will ban medical marijuana. It won’t,” he said.
But numerous speakers urged the city to reopen MediMar. One woman said she manages a marijuana center in Pueblo County and said her business has been cleaned out by MediMar patients who can no longer get marijuana at a city center.
Karl Tameler, attorney for MediMar, said the city had accepted the $20,000 in sales tax receipts that MediMar had collected during the first four months of the year — which Tameler suggested was a form of local approval that could allow MediMar to be reopened under the new state law.
“I think you need to reconsider this cease-and-desist order and begin thinking about MediMar as something that is here to stay,” he said.
Not every speaker supported medical marijuana, however. One woman reminded council that several of the speakers represented marijuana centers and that profits were “the elephant in the room that no one is talking about.”
Kaufman also brought the conversation to a halt at the end of the meeting when he thanked everyone for their comments and that he didn’t question their intentions. But then he added that a teen-aged son had just been invited to a party recently “and that medical marijuana had been promised” to the partygoers.
Another ordinance on council’s agenda Monday night would ask voters whether to impose a 4.3 percent sales tax on medical marijuana and its paraphernalia. That idea wasn’t popular either Wednesday night.
“If your loved one needed a medicine to deal with a terminal illness, what would you think about someone wanting to ‘tax the heck out of it?’ ’’ a man asked, referring to comments from council members in support of higher taxes on marijuana.

Madison's Great Midwest Marijuana Harvest Festival

MADISON: What began as an anti-war protest 40 years ago that soon morphed into a cannabis legalization rally will celebrate the beginning of its fifth decade October 1-3, 2010. The Great Midwest Marijuana Harvest Festival has long been a fall ritual in Madison as much as University of Wisconsin Badger Football or Halloween on State St.
Sadly, this year will not be the anticipated celebration of the passage of the Jacki Rickert Medical Marijuana Act but yet another call to action as the fight for reefer sanity rages on both in Wisconsin, and much more successfully in other states.
The 40th Annual Harvest Fest will follow the format used in recent years, a Friday evening benefit to kick off the weekend, live music, speakers, informational tabling and vending on Saturday afternoon at the Library Mall at the end of State St., and Sunday’s traditional Parade to the Capitol for a concert and rally.


HF35  Dr. Mikuriya, Keith Stroup, Ben Masel.

According to the brand new Harvest Fest website, the 2010 festival will feature a not only some familiar faces but also some new ones. Festival organizer Ben Masel, who has been the driving force behind Harvest Fest for the last 38 years, will be speaking along with Wisconsin colleagues Gary Storck and Jacki Rickert. Their fellow “Medical Marijuana Commando Squad” member, Jim Miller from New Jersey, is also returning.
NORML Founder Keith Stroup, who last spoke at Harvest Fest 35 in 2005, is also on the bill again this year. And a retired judge from California, Judge Jim Gray, will be making his first Harvest Fest appearance this year. Also returning is Mason Tvert, a Colorado activist and the Founder of Safer Alternative For Enjoyable Recreation (SAFER), who spoke at HF 39 last year.


Judge Jim Gray

The festival will also feature a great array of homegrown Wisconsin music across a range of genres. Returning favorites include Nama Rupa, Baghdad Scuba Review, Ifdakar and Groovulous Glove with more to be announced. Bands appearing for the first time include Phish tribute band Phun and Milwaukee reggae band, Recalcitrant.
The Friday night event, the 8th Annual IMMLY/Madison NORML Medical Cannabis Benefit, happens at the Frequency at 121 W. Main, a block from the Capitol. Music will be provided by Brok’n Arrow and the Shanahan-Riddiough Band, and as with the prior seven events, will feature the traditional sing along version of the Wisconsin medical cannabis anthem, “Legal Medicine Blues”.
The fact this is the 40th speaks to not only Madison’s place as a cannabis-friendly town as well as the fact that this is also a protest against marijuana prohibition, a protest that will be entering its FIFTH decade this October when number 40 convenes.
Thousands and thousands and thousands of people have attended Harvest Fest over these years. Almost everyone who has lived in Madison has a HF story, even if just from crossing paths with the parade or passing through on the way to a Badger football game. The magic starts again Oct. 1.

Ruling, initiative light way for medical marijuana users

Recent developments in Oregon have proven positive for medical marijuana advocates throughout the state.
On June 16, the Oregon Court of Appeals agreed with a previous ruling regarding the ability of medical marijuana cardholders to carry concealed weapons permits.
Jackson County Sheriff Mike Winters had denied such a permit to a medical marijuana patient in 2008. That decision was challenged, and Jackson County Circuit Court Judge Mark Shiveley ruled that Winters did not have the legal grounds for the denial. Shiveley’s decision was upheld.
The ruling was applauded by John Sajo, director of Voter Power, a statewide organization that advocates for the rights of medical marijuana patients.
“We were confident that the courts would rule that way, and they did,” Sajo said. “The sheriff was trying to deny concealed carry permits for patients, and that was a tortured interpretation of the laws involved.”
Melissa Fritts, clinic director for Rogue River Herbal Pain Management Center, said that Winters’ decision to deny the concealed carry permits was improper.
“It’s just like saying that someone with a prescription for Vicodin or Percocet can’t have a concealed weapon,” Fritts said.
Also on June 16, the Oregon Board of Pharmacy voted to reclassify marijuana from a Schedule I to a Schedule II controlled substance. Fritts said that action should benefit the medical marijuana patients that she serves.
“In my opinion, it takes some of the stigma off of medical marijuana and marijuana in general,” she said.
Sajo said that the move was a “largely symbolic act,” because the Medical Marijuana Act, approved by Oregon voters in November 1998, bypassed the pharmacy board. He added that it was “unfortunate” that the substance was only moved down to Schedule II.
“It’s very likely that the decision to go only to Schedule II will be appealed,” Sajo said. “The appeal likely will take many years of making its way through the court system. In the end, marijuana will be placed on a less-restrictive schedule, because science calls for it.”
The pharmacy board’s decision to reclassify marijuana was the result of a law passed by the Legislature.
Friday, July 2 was the deadline for initiative sponsors to submit signatures to the Secretary of State’s office for verification in order to place the measures on the Nov. 2 general election ballot. Medical marijuana advocates turned in signatures in support of Initiative 28, which would establish a statewide system for dispensaries where patients could receive their supplies.
Sajo said that he is “very confident” that supporters of the initiative gathered enough valid signatures to bring it to a vote. He said that the measure will have many benefits for thousands of Oregon’s medical marijuana patients.
“Basically, it will fix the problems with the medical marijuana law,” Sajo said. “It will give patients more choices about how they obtain their medicine.”
The Secretary of State’s office has 30 days to verify the signatures, but Sajo said that Voter Power expects to know by the middle of July if the initiative will qualify for the ballot.
If voters approve the measure in November, Sajo said, patients will be able to grow their own marijuana, designate a grower or go to dispensaries.
“Having a stable, reliable supply of medicine should make it easier for doctors to qualify more patients and have more predictable outcomes,” Sajo said.
The initiative also would create a program for indigent patients, he added, and authorizes the state health department to research medical marijuana for quality control standards.
Fritts said that there are other upsides to approving the initiative.
“It would allow patients who don’t have the knowledge, access or resources to grow their own medicine a legal and convenient way to access medication,” he said. “Also, it would bring a lot of money to the state.”
Sajo said that Voter Power and other similar organizations plan to ramp up their efforts between now and Nov. 2 to ensure that the initiative becomes law.
“We will raise as much money as we can and try really hard to win the election,” he stated. “We are confident that Oregon voters will vote in this improvement to the Medical Marijuana Act.
“Oregonians understand that marijuana is medicine, and patients ought to be able to get it,” Sajo opined.
http://www.illinois-valley-news.com/archive/2010/07/07/medical_mj/