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Pot Critic Tests 3 Times Over Proposed Limit — While Sober

By Steve Elliott ~alapoet~ on April 18, 2011 Legislation, News

Westword pot critic William Breathes got his blood drawn last week to test THC levels in his blood. He wasn’t high at the time. But he still tested three times over the proposed legal limit for Colorado.

There’s a big problem with tests which measure THC levels in the blood. That being, those tests measure THC levels just fine, but they don’t do shit when it comes to measuring actual impairment — which is why those tests are a piss-poor way to enforce a law against driving while impaired on cannabis.

That simple fact has been highlighted by the spectacular failure of Denver Westword pot critic William Breathes to pass Colorado’s blood test for THC-impaired driving. Breathes not only flunked the test, but he tested nearly three times over the proposed limit of five nanograms per milliliter of blood — while sober.

As Breathes pointed out today, that means that he — and thousands of other medical marijuana patients in the Rocky Mountain State — may be risking arrest every time they drive if the measure passes.

Even Rep. Levy, the sponsor of the bill which limits THC driving limits, is now having second thoughts about the five ng/ml limit, concerned that it may be so low as to unintentionally hurt patients like William Breathes.

“Among the concerns about HB 1261, the THC driving bill first offered by Representative Claire Levy, is the fact that THC can stay in the body days after patients medicate,” Breathes wrote. “And my latest test offers proof.”

Sensible Washington Planning A Big 4/20 For Legalization

By Steve Elliott ~alapoet~ on April 18, 2011 News

Graphic: Sensible Washington

Last week, Washington Governor Chris Gregoire said she plans to veto a medical cannabis bill that has the support of many doctors, patients, city governments, and the Legislature. According to its supporters, the bill, SB 5073, had been carefully written and amended to ensure that Washington would have the soundest medical cannabis regulations in the country, protecting patients, providing clarity for law enforcement, and allowing cities to enact smart zoning regulations to keep dispensaries from being located near schools.

Instead, the governor appears to be misinterpreting established federal policy in order to veto it, potentially leaving Washington with its existing mess of unregulated dispensaries and inviting more conflicts between law enforcement and the communities they’re supposed to protect.

Pot Prisoner Marc Emery Denied Transfer Home To Canada

By Steve Elliott ~alapoet~ on April 15, 2011 News

Graphic: Cannabis Culture

The U.S. Department of Justice has refused imprisoned marijuana entrepreneur and activist Marc Emery’s request for transfer back to Canada, meaning that he will likely spend most or all of his five-year sentence in a U.S. federal prison.

In a phone call Friday afternoon from a prisoner transfer center in Oklahoma, Marc informed his wife and fellow activist Jodie Emery that he received a letter from the Canadian consulate with the news that the U.S. government would not approve his treaty transfer back to Canada due to the supposed “seriousness of the offense” and “law enforcement concerns,” reports Cannabis Culture.

If both the U.S. and Canadian governments had approved the transfer, Emery would have been transferred to a Canadian prison, closer to his friends and family, and would have been eligible for parole almost immediately upon his return.

“I’m really stunned and greatly saddened,” Jodie Emery told Cannabis Culture. “It looks like the DEA and the U.S. government want their pound of flesh, and they want Marc to suffer down there as a nonviolent, peaceful political party leader imprisoned for his activism. This is devastating.”

“Marc has never harmed anyone and has devoted his life to fighting oppression,” Jodie said. “He’s been punished for speaking out for the rights of tens of millions of cannabis consumers here and in the U.S., and it’s truly frightening.”

Arizona Gets 110 Medical Marijuana Applications On First Day

By Steve Elliott ~alapoet~ on April 15, 2011 Medical, News

Graphic: THC Finder

The Arizona Department of Health received 110 electronic applications — almost 60 percent of them for chronic pain — and authorized at least 44 people to use medical marijuana on Wednesday, the first day the program was active.

Their cards were mailed on Thursday, reports Mary K. Reinhart at AZCentral, allowing them to buy and possess up to 2.5 ounces of marijuana every two weeks, and grow up to 12 plants.

Those who live closer than 25 miles to the nearest dispensary eventually won’t be allowed to grow their own, but until the dispensaries are up and running, all patients are allowed to grow.

About a third of the applications were rejected for various reasons, including problems with physician forms certifying the patient has a specific debilitating medical condition and could benefit from using marijuana.

THC Driving Limits Could Jail Innocent People For Months

By Steve Elliott ~alapoet~ on April 15, 2011 Legislation, News

Photo: Quincy Hoang x-Attorney

The Colorado Senate is set to take up HB 1261, a bill that would set THC driving limits at five nanograms per milliliter of blood — a level that’s too low, according to many critics of the bill. Medical marijuana patients, especially, who are accustomed to the presence of cannabis in their systems, could be unfairly targeted, according to advocates.

Even its sponsor, Rep. Claire Levy, now thinks the five-nanogram number may be too strict, reports Michael Roberts at Denver Westword. And according to attorney M. Colin Breesee, there are even bigger problems with the bill, including test results that can take months to come back, and prosecutors who don’t understand them when they do.

According to Breesee, a delay of two months between collection of a blood sample and results returned is hardly unusual. In fact, he said, one recent client had to wait nearly three months.

Canada Expected To Appeal Decision Striking Down Pot Laws

By Steve Elliott ~alapoet~ on April 14, 2011 Global, Legislation, News

Photo: Matt Mernagh

Canadian medical marijuana patient and Toke of the Town contributor Matt Mernagh won big this week, with an Ontario judge striking down Canada’s pot laws

An appeal by the federal government of yesterday’s Ontario court decision striking down Canada’s marijuana laws is all but certain, according to political observers.

The government is now awaiting direction from the Public Prosecution Service of Canada, reports Jennifer Yang at the Toronto Star. Lawmakers and law enforcement officers are “looking for guidance” on how to react to the court ruling.

“We are disappointed with this decision,” said Tim Vail, spokesperson for Health Minister Leona Aglukkaq. “The independent Public Prosecution Service has to decide whether to appeal this decision. While the courts have said that there must be reasonable access to marijuana for medical purposes, we believe that this must be done in a controlled fashion to ensure public safety.”

The Public Prosecution service is “studying” the decision and has 30 days to appeal the ruling, which it is expected to do.

In the meantime, Ontario Provincial Police will continue to enforce the marijuana laws, even though they could soon cease to exist.

Alabama Mom Arrested After Infant Tests Positive For Marijuana

By Steve Elliott ~alapoet~ on April 13, 2011 News

Photo: BakedLife.com

Police in Florence, Alabama say a woman was arrested after her newborn baby tested positive for having marijuana in her system.

Jennifer Lynn Sopanos, 35, of Florence, was charged with “chemical endangerment of a child,” reports The Associated Press.

Sopanos’ baby boy was born March 16 at Eliza Coffee Memorial Hospital. Police claim the baby tested positive for THC, a principal psychoactive in cannabis. The mother also tested positive, according to Keith Johnson, a police detective.

Sopanos has denied using marijuana in her pregnancy, according to Johnson. She said the positive test was due to second-hand cannabis smoke.

Exactly how Sopanos would be “chemically endangering” her child is far from clear, since according to the best scientific research available, marijuana use by pregnant woman may actually reduce infant mortality.

Ontario Court Strikes Down Canada’s Marijuana Laws

By Steve Elliott ~alapoet~ on April 12, 2011 Global, Legislation, News

Photo: Matt Mernagh

The case was brought by prominent Canadian cannabis activist, patient and writer Matt Mernagh, above, a contributor to Toke of the Town.

An Ontario court has struck down Canada’s marijuana laws. The court struck down laws against possessing and growing cannabis as part of a ruling that found the country’s medical marijuana program is failing to provide access to the herb for patients who need it.

BUT. (And don’t you hate this?) That doesn’t mean smoking pot is legal yet, reports Adrian Morrow at The Globe and Mail. The federal government now has three months to launch an appeal or change its regulations to fix the problems identified by the court.

Justice Donald Taliano of the Ontario Superior Court struck down the Marihuana Medical Access Regulations, arguing they aren’t doing enough to ensure patients can obtain permission to use cannabis.

Marijuana Activists Hold Sit-In At San Diego Council Meeting

By Steve Elliott ~alapoet~ on April 12, 2011 Legislation, Medical, News

Photo: G. Creighton/10 News

Five medical marijuana activists including San Diego ASA’s Eugene Davidovich (closest to camera) were arrested at Tuesday’s City Council meeting

Five medical marijuana activists staged a 45-minute sit-in Tuesday in the San Diego City Council chambers, protesting the final passage of a local medicinal cannabis ordinance which advocates say imposes a citywide de facto ban on collectives.

The set of strict zoning and public safety regulations for the dispensaries was passed on second reading by the Council, with no changes to what was approved the first time around, reports 10 News.

Passage came on a pair of 5-2 votes, despite vocal opposition among audience members who opposed the stringent regulations.

During the hearing, members of the “Stop the Ban Campaign” — a coalition of more than 20 local, state and national groups spearheaded by Canvass for a Cause and the San Diego chapter of Americans for Safe Access (ASA) — repeatedly chanted “We demand safe access,” disrupting the session, forcing the council to clear the chambers, and postponing a critical vote on the ordinance.

It’s A Marijuana Dispensary In North Texas! Well, Sort Of.

By Steve Elliott ~alapoet~ on April 12, 2011 News

Photo: Dallas/Fort Worth NORML

Danielle Farley, chapter president, University of North Texas NORML, Denton, Texas

There was an unusual sight on the University of North Texas campus recently — a “marijuana dispensary” staffed by members of UNT NORML.

Habitat for Humanity held their annual “Shak-a-Thon” on the UNT lawn campus again this year, and UNT NORML proudly displayed their dispensary while several students lived in it during the length of the event, a three-day, two-night sleep-out fundraiser to benefit Habitat for Humanity. Passersby donated to the shack they enjoyed the most — and whichever shack raises the most money wins.

“It was also a particularly poignant event for us, because we were trying top raise awareness about the housing policy,” said Danielle Farley, president of UNT NORML. “Kicking a student out of the dorms for marijuana possession with little or no notice could land them in a cardboard shack much like ours.”

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