Author Steve Elliott ~alapoet~

Victory! Historic Decision Issued In Medical Marijuana Case

By Steve Elliott ~alapoet~ on October 24, 2012 Dispensaries, Legislation, News

Fourth District Court of Appeal rejects requirement that all collective members must be actively involved in cultivation

The Fourth District Court of Appeal for California on Wednesday issued a unanimous published ruling in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Wednesday’s historic ruling also reversed the lower court’s finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.

“This landmark decision not only recognizes the right of dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court,” said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy group. Elford also argued Jackson’s appeal before the court.

The Good Doctor: Serving Time In California For Good Medicine

By Steve Elliott ~alapoet~ on October 24, 2012 Culture, Medical

Sharon Letts

Dr. Marion Fry believes that cannabis is good medicine, and that God will save her.

Exclusive Prison Interview:
Dr. Mollie Fry

Story and Photos

by Sharon Letts

It’s been one year and five months since Dr. Marion “Mollie” Fry and her husband, Civil Attorney, Dale Schafer, surrendered to Federal prison for manufacturing and distributing Medical Cannabis in California.

More than six years of litigation and three years of appeals rendered “no defense,” insuring mandatory five year Federal prison terms, respectively.

In 2001 the Fry/Schafer family home located in the hills just north of Sacramento was raided by Federal authority under then President George W. Bush, Jr. during the failed “War on Drugs.”

Thirty-four plants were confiscated – 20 were infested with spider mites, sitting near a compost pile.

44 Plants in a Pile

According to Schafer, the couple had never grown more than 44 plants in a given year – well below the 99 plant limit set forth by the State of California for medical use – and never sold a leaf.

Physicians Endorse Arkansas Medical Marijuana Act

By Steve Elliott ~alapoet~ on October 24, 2012 Legislation, News

Arkansans for Compassionate Care

Arkansans for Compassionate Care, the committee behind Issue 5, the Arkansas Medical Marijuana Act, will soon announce a growing coalition of more than 70 Arkansas physicians who have endorsed the measure. The campaign plans to hold a press conference to discuss the support for Issue 5 among physicians in the coming days.

“As physicians, we appreciate the suffering patients endure,” said Dr. Marvin Singleton, past president of the Missouri State Medical Association and now a resident of Fayetteville. “Marijuana is well known within the medical community to alleviate the suffering of patients with MS, cancer, Crohn’s Disease and other serious illnesses.

“If a doctor believes that a patient could benefit from the use of medical marijuana, neither the doctor nor the patient should face criminal penalties for pursuing that relief,” Dr. Singleton said. “Issue 5 is a compassionate measure. Moreover, it has been drafted to ensure that only seriously ill patients will qualify to use medical marijuana. I encourage all voters to support it.”

Dr. Jill Stein: ‘Marijuana Is Not Dangerous At All’

By Steve Elliott ~alapoet~ on October 24, 2012 Culture, Legislation

Current

Green Party Presidential nominee Dr. Jill Stein: “The most important thing we can do to get rid of the health problems associated with marijuana is to legalize it”

Green Party Presidential nominee Dr. Jill Stein, at Tuesday night’s third-party debate, did a remarkable thing, for a politician: She told the truth about marijuana.

“As a medical doctor, previously in clinical practice for about 25 years, I can say with a clear understanding of the health impacts, that marijuana is a substance that is dangerous because it is illegal,” Stein said. “It is not illegal because it is dangerous — because it is not dangerous at all!”

“It is well understood that the health impacts of marijuana are mainly the public health and safety impacts from the illegal drug trade associated with marijuana prohibition,” she said. “So the most important thing we can do to get rid of the health problems associated with marijuana is to legalize it.”

MT Supreme Court Denies Medical Marijuana Rehearing

By Steve Elliott ~alapoet~ on October 23, 2012 Legislation, Medical, News

KULR8.com

The Montana Supreme Court on Tuesday denied a motion filed by the Montana Cannabis Industry Association in its constitutional challenge of the state’s medical marijuana law. The motion asked the Supreme Court to reconsider a recent decision overturning significant parts of a lower court’s injunction against the law.

As a result of the September 11 ruling overturning the injunction, the provisions in the current medical marijuana that limit providers to no more than three patients, and prohibit them from recouping back end operational costs, are now in full effect according to the state’s attorney general’s office. Until the injunction was overturned, the average provider had 16 patients, and the average production cost covered by registered patients was approximately $240 per ounce.

AL House Health Committee Calls Nov. Med Marijuana Meeting

By Steve Elliott ~alapoet~ on October 23, 2012 Legislation, Medical, News

Alabama Medical Marijuana Coalition/Facebook

Ron Crumpton, left, and the Alabama Medical Marijuana Coalition (AMMJC) travels the state attending public events and drumming up support for medical marijuana. This shot was taken at the 2012 Boll Weevil Festival in Enterprise.

Years of hard work by the Alabama Medical Marijuana Coalition (AMMJC) is starting to pay off.

House Bill 2, The Alabama Medical Marijuana Patients’ Rights Act, is scheduled for a pre-session meeting before the Alabama House Health Committee next month, with experts on medicinal cannabis invited to speak.

“Rep. McClendon is having a meeting of the Health Committee to hear proponents and opponents of Medical Marijuana, November 14, 2012 at 1:00 p.m. in the Joint Briefing Room,” Committee Clerk Mary Ruth Davis emailed bill sponsor Rep. Patricia Todd on Tuesday.

According to Ron Crumpton, co-president of AMMJC, Rep. McClendon told Rep. Todd that testimony on HB 2 will not be limited unless it gets redundant.

Police Chase Down, Kill 3 Fleeing Dogs In Marijuana Raid

By Steve Elliott ~alapoet~ on October 23, 2012 News

Motor City Muckraker

James Woods explains how Detroit police killed his three dogs

“Don’t hurt my dogs!” screamed James Woods during a mid-October marijuana raid in Detroit. The police didn’t listen; they fatally shot three of his dogs, reportedly as two of the animals ran to get away. The third dog — a young pit bulldog named Tank — was shot in the face at close range by a 12-gauge shotgun, despite being confined inside a locked fence outside where he was unable to harm anyone.

Woods was forced into a corner last week when the first shot rang out. Fearing police would hurt his two other dogs — who were inside the house — Woods cried out, “Please! They won’t hurt you! Stop chasing them! They’re just scared.”

Witnesses report that the other two dogs, Hump and Janey — in what could only have been a grotesque and nauseating scene — were chased around by police and then shot as the dogs fled.

Marijuana Advocates File Brief with D.C. Circuit Alleging Federal Policy Harmful

By Steve Elliott ~alapoet~ on October 23, 2012 Legislation, Medical, News

The Daily Chronic

Appeals court issued rare order last week for supplemental briefing on “standing” in landmark federal case

Less than a week after oral arguments in the landmark federal case to reclassify marijuana for medical use, the plaintiffs filed an additional brief late yesterday at the request of the court. In the case Americans for Safe Access v. Drug Enforcement Administration, the D.C. Circuit issued an order last week seeking details on the harm sustained by plaintiff and disabled U.S. Air Force veteran Michael Krawitz as a result of the federal government’s policy on medical marijuana.

The federal appeals court will use this additional briefing to decide whether the plaintiffs have legal “standing” to bring such a lawsuit against the government. The lawsuit argues that the government has acted arbitrarily and capriciously by keeping marijuana classified as a Schedule I substance, a dangerous drug with no medical value.

By ignoring the overwhelming scientific evidence, ASA argues that the federal government has kept marijuana out of reach for millions of Americans who would otherwise benefit from its therapeutic value.

Rep. Kathy Webb Casts Vote For Arkansas Medical Marijuana

By Steve Elliott ~alapoet~ on October 22, 2012 Dispensaries, Legislation, Medical

KUAR.org

Rep. Kathy Webb of Little Rock has said she’s voting for the Arkansas Medical Marijuana Act

Democratic Rep. Kathy Webb of Little Rock cast her ballot on Monday, the first day of early voting in Arkansas. According to The Associated Press, Webb reported that she voted “Yes” on the Arkansas Medical Marijuana Act.

On the first day of early voting, Webb cast her ballot for the proposal that, if approved, would make Arkansas the first Southern state to legalize cannabis for medicinal purposes.

Webb, the only openly homosexual elected official in Arkansas, said she didn’t plan on actively campaigning for the measure. She is term-limited and not running for reelection, but said she would have voted for medical marijuana even if she was running for office.

The proposal, Issue 5, would allow patients with certain qualifying conditions to buy marijuana from nonprofit dispensaries with a doctor’s authorization.

Did Drug Dog Sniff Marijuana On Money In Back Of Home – Under Garage Door?

By Steve Elliott ~alapoet~ on October 22, 2012 News

City of Carrollton, Texas

Carrollton Police Officer Jeremy Sanchez, left, and K-9 “Bosko”: A Texas court accepted police claims that Bosko smelled marijuana on money, under a bed, in a gym bag, in a back room of the house — from under the garage door

Fort Worth, Texas attorney David Sloane occasionally happens across appellate cases where the court’s blind acceptance of the police account of events surrounding a marijuana arrest is astounding — even for a seasoned trial lawyer like himself. A case from Dallas suburb Carrollton certainly fits this description, according to Sloane.

In $27,877.00 Current Money of the United States v. The State of Texas, an asset forfeiture case, the Carrollton Police Department alleged their dog “Bosko” was able to “sniff” and “alert” — from under a garage door — on the mere scent of marijuana on currency concealed in a gym bag under a bed in a back room of the defendant’s parent’s home.

The trial court accepted this, and the appellate court agreed!

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