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San Diego Law Firm

Defense Prevails In Court Case Setting Limits On Laws Separating Children From Their Parents Who Are Medical Marijuana Patients

A hard-fought appeals court victory has been won in Irvine, California.
In the case of Drake A., the California Court of Appeal ruled on December 5 that while parents who abuse drugs can lose custody of their children, a parent who uses marijuana for medical reasons, with a doctor’s approval, isn’t automatically defined as a “drug abuser.”
Being hailed as precedent-setting, the ruling from Division Three of the Second Appellate District further clarifies child welfare law as applied in such cases, and represents a “very significant” victory, according to defense attorney Lauren K. Johnson.

Some marijuana activists in Ohio believe it’s only a matter of time before people in the Buckeye state will enjoy the same freedoms as those in Colorado and Washington — the freedom to use cannabis legally.

Activist Brian Joslyn, a member of the National Organization for the Reform of Marijuana Laws (NORML), said he didn’t expect help from the Ohio Legislature in legalizing cannabis; instead, he believes the people need to do it for themselves, reports 10TV News.

10tv.com
Brian Joslyn: “I think if everybody was just given a ballot right now to vote on this measure, I think it would pass”

“I think if everybody was just given a ballot right now to vote on this measure, I think it would pass,” he said.
As a lawyer, Joslyn said he’d seen the negative effects that marijuana prohibition has on dozens of clients, including a recent couple.
“His wife has cancer so he was growing marijuana and providing her with edible marijuana,” Joslyn said.
Now, both the cancer-stricken wife and her husband are behind bars.

It’s no secret that people like cannabis. If you’re growing marijuana, the specter of rip-offs is almost certainly on your list of big concerns, and it may well be near the top worry.
Add in the increasingly restrictive regulations on medical cannabis cultivation being imposed in many California communities, and it’s just not easy for patients — who already have plenty to worry about — to provide for their own needs when it comes to herbal medication.

But one Yuba City man says he’s found the solution, reports Gabriel Roxas at News 10.

KING 5
Frank Schnarr, Frankie’s Bar & Grill: “To bring in another type of person to come in my establishment is a plus for me”

Things are changing in Washington state now that residents voted last month to legalize marijuana. As of Thursday, Washingtonians can smoke weed in the privacy of their own homes. And now, Frankie’s Bar & Grill in the capital city of Olympia has invited pot smokers to toke up there.

Owner Frank Schnarr, 62, said he hasn’t smoked any marijuana since he fought in Vietnam in the 1970s, but he could sure use the extra income. “I’m about to lose my business,” he told Jonathan Kaminsky of Reuters. “So I’ve got to figure out some way to get people in here.”
“To bring in another type of person to come in my establishment is a plus for me,” Schnarr told MyNorthwest.com.

The Weed Blog

The Czech Republic’s lower house of Parliament has approved legislation to legalize marijuana for medical purposes. The bill still needs to be approved by the upper house to become law.

Politicians agreed that marijuana would initially be imported, and later grown locally by registered farms, reports RT.com.
Patients would need a doctor’s prescription to get cannabis at pharmacies, reports The Associated Press. Marijuana will not be covered by health insurance, and patients will not be allowed to grow it at home.
“The point of the proposal is to make medical marijuana accessible to patients that need it and that already use it today, even when it is against the law,” Pavel Bern, one of a group of deputies who wrote the bill, told Reuters.


Fox News, for whatever reason, just can’t be trusted to report accurately on marijuana issues. 

In the latest example of this truism, Fox News in Colorado was caught cheating by a participant in a driving simulator test for medical marijuana patients.
This participant went in undercover with a camera to expose the truth about “driving high” and the fact that Fox News designed the test to fail.

T-Shirt Wonderland

Two Thirds of Respondents Expect Marijuana To Be Legal In Next 10 Years
A majority of people in the United States and Canada believe cannabis should be readily available for those who want to use it, a new two-country Angus Reid Public Opinion poll has found.
In the online survey of representative national samples, a majority of Canadians (57 percent) and Americans (54 percent) support the legalization of marijuana.
Most respondents in each Canadian region back the legalization of cannabis, including 64 percent of Atlantic Canadians and 60 percent of British Columbians.

U.S. Department of Justice
James Cameron, formerly top drug prosecutor for the state of Maine, is now a fugitive, having been convicted of child pornography charges

Maine’s former top drug prosecutor, James Cameron — who has been convicted on child pornography charges — on Wednesday cut off his electronic monitoring bracelet and disappeared, and is being hunted by the U.S. Marshals Service.

Hours after he learned that his appeal of his child porn convictions had failed and he would likely go back to prison, Cameron, 50, went on the lam and was being sought by law enforcement nationwide, report Craig Cosby and Michael Shepherd of the Kennebec Journal.

The electronic monitoring bracelet was a required condition of his release pending his appeal of a conviction in August 2010 on 13 federal charges of transportation, receiving and possessing child pornography.
Cameron fled early Thursday morning, just hours after the U.S. 1st Circuit Court of Appeals in Boston upheld seven of his 13 convictions and gave the government the ability to retry Cameron on the other six charges. 
The former drug prosecutor has 15 years remaining on his 16-year prison sentence.
Cameron was seen in Hallowell, Maine — where he lived before moving to Rome — driving a tan 1999 Audi A6, license plate 2333PL, according to U.S. Marshals. That car, which he owns, is missing.

The Daily Chronic

Massachusetts voters will get the chance Tuesday to make their state the 18th in the country to legalize cannabis for certain medicinal uses with a doctor’s authorization. Question 3 proposes the elimination of state penalties for the use of medical marijuana by patients with chronic or debilitating medical conditions.

The ballot issue calls for relatively tight regulation of medical marijuana, according to Steve Fox, director of government relations for the advocacy group Marijuana Policy Project, reports Stephanie Haven at The Tufts Daily.
“We’ve learned from [California’s law], and we now draft initiatives so only those who need [medical marijuana]can get it,” Fox said. (Of course, it isn’t up to Fox — or anyone except you and your doctor — to determine if you “need” medical marijuana.)
A poll was released and conducted by Public Policy Polling regarding the measure in late August. It revealed that 58 percent of those surveyed are in favor of medical marijuana.
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