Drug War Chronicle, Issue #610 -(urls+editorial)- 11/27/09
B Sellers
Phillip S. Smith, Editor, psm...@drcnet.org
http://stopthedrugwar.org/chronicle/610
A Publication of Stop the Drug War (DRCNet)
David Borden, Executive Director, bor...@drcnet.org
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Table of Contents:
1. FEATURE: LOS ANGELES MARIJUANA DISPENSARY ORDINANCE BATTLE
CONTINUES
The Los Angeles City Council spent seven hours Tuesday trying to
thrash out agreement on an ordinance to regulate medical
marijuana dispensaries in the city. It didn't quite get there,
but it made some progress.
http://stopthedrugwar.org/chronicle/610/los_angeles_city_council_medical_marijuana_ordinance
2. FEATURE: MARIJUANA DECRIMINALIZATION AND LEGALIZATION BILLS
AT THE STATEHOUSE THIS YEAR
As 2009 winds down, we are taking a look at all the legislation
related to drug policy around the country. Two weeks ago we
looked at federal legislation, and last week at medical
marijuana bills in the states. This week it's state marijuana
decriminalization and legalization bills -- if we missed any,
let us know.
http://stopthedrugwar.org/chronicle/610/marijuana_decriminalization_legalization_bills_state_legislature
3. FEEDBACK: DO YOU READ DRUG WAR CHRONICLE?
Do you read Drug War Chronicle? If so, we need your feedback to
evaluate our work and make the case for Drug War Chronicle to
funders. We need donations too.
http://stopthedrugwar.org/chronicle/610/do_you_read_drug_war_chronicle
4. LATIN AMERICA: MEXICO DRUG WAR UPDATE
The carnage continues. This week an American citizen is among
the casualties, but it looks like she was the victim of a
soldier's inadvertent discharge.
http://stopthedrugwar.org/chronicle/610/mexico_drug_war_update
5. LAW ENFORCEMENT: THIS WEEK'S CORRUPT COPS STORIES
A sticky-fingered North Carolina deputy gets busted, so does a
Florida sheriff's evidence tech, and a home-invading, drug
dealer-robbing Philly cop gets sent away for a long, long time.
http://stopthedrugwar.org/chronicle/610/police_drug_corruption
6. MIDDLE EAST: IN ISRAEL, MEDICAL MARIJUANA ADVANCES IN THE
KNESSET AND AT SHEBA HOSPITAL
Israel is one of the few countries that allows for medical
marijuana use, and this week saw forward movement on a couple of
important fronts.
http://stopthedrugwar.org/chronicle/610/israel_medical_marijuana_knesset_sheba_hospital
7. CANADA: MONTREAL HEROIN MAINTENANCE STUDY IN DOUBT AFTER
QUEBEC REFUSES TO PAY
The Vancouver NAOMI study showed that heroin maintenance worked
for some hard-core addicts not amenable to methadone or other
forms of drug treatment. But now, plans to build on NAOMI with
further research in Vancouver and Montreal have hit a snag, with
the Quebec provincial government refusing to pay its share.
http://stopthedrugwar.org/chronicle/610/SALOME_heroin_maintenance_montreal
8. EUROPE: SCOTLAND PONDERS MOVE TO FINES FOR SMALL-TIME
MARIJUANA POSSESSION
Under United Kingdom drug laws, simple pot possession can cost
you two years in gaol. But that's rarely the case, and now the
Scottish government is hinting that a small fine may be a more
reasonable response -- and one that saves a lot of policing
time.
http://stopthedrugwar.org/chronicle/610/scotland_ponders_marijuana_possession_fines
9. NORTH AFRICA: MOROCCAN HUMAN RIGHTS AND DRUG POLICY ACTIVIST
TO REMAIN BEHIND BARS
Chakib El Khayari runs a human rights group in Morocco's Rif
Mountains, where marijuana cultivation is a way of life. He has
run afoul of the Moroccan government for criticizing its
policies toward the poor pot farmers, and an appeals court has
just ruled he should stay in a jail. Human rights and drug
reform groups consider him a prisoner of conscience.
http://stopthedrugwar.org/chronicle/610/chakib_el_khadari_morocco_human_rights_jailed
10. WEEKLY: BLOGGING @ THE SPEAKEASY
"Legal Marijuana: It's Coming, Whether You Like it or Not," "The
Difference Between Drug War Violence and 'Drug-Related'
Violence," "The Staggering Incoherence of Drug Warrior Charles
Grassley," "Cory Maye: Drug War Victim Gets a New Trial," "Will
Foster is Free! He Walked Out of Prison in Oklahoma Today."
http://stopthedrugwar.org/chronicle/610/blogging_at_the_speakeasy
(Not subscribed? Visit http://stopthedrugwar.org to sign up
today!)
================
1. Feature: Los Angeles Marijuana Dispensary Ordinance Battle
Continues
http://stopthedrugwar.org/chronicle/610/los_angeles_city_council_medical_marijuana_ordinance
The Los Angeles City Council Tuesday voted to allow medical
marijuana dispensaries to continue to sell their products, but
failed to reach a final vote on a medical marijuana ordinance
that has been years in the works. The council will return to the
ordinance at its December 2 meeting.
Observers had hoped the council might pass the ordinance
Tuesday, but progress was derailed by contentious debate over
the sales issue. LA City Attorney Carmen Trutanich and LA County
District Attorney Steve Cooley had called for an outright ban on
medical marijuana sales, saying that under their reading of the
state's medical marijuana laws and court decisions, sales are
not allowed. Cooley has threatened to prosecute dispensaries no
matter what the city council does.
Council members, caught between fear of legal problems for the
city and the expressed desire of constituents for safe access to
medical marijuana, had some harsh words for prosecutors.
Councilmen Ed Reyes, who has been the principal in trying to
write the ordinance, protested that the City Attorney's Office
was trying to impose "a political view that has nothing to do
with objective advice."
He wasn't the only one. "I think we're getting advice from one
direction," said Councilman Paul Koretz. "I would like to see
the City Attorney work with us to help us get to where we want
to be."
In the end, the council rejected the advice of the prosecutors,
instead adopting an amendment that would allow for "cash
contributions, reimbursements and payments for actual expenses
of growth, cultivation, and provision [...] in accordance with
state law."
"We have some very elegant and flexible language that will
adjust as state law is defined," said Council President Eric
Garcetti.
While the council did not succeed in passing the ordinance, it
did make substantial progress. In the seven-hour-long session,
it dealt with more than 50 proposed changes to the ordinance.
Among other amendments considered was one by council members
Koretz and Reyes that would have required police to get a court
order to review dispensary records. After Councilman Jose Huizar
and other members objected, saying the amendment would hamper
efforts to weed out "bad" dispensaries, the amendment failed.
Reyes introduced an amendment eliminating the ordinance's
requirement that dispensaries have no more than five pounds of
marijuana on hand and grow it on-site, but Huizar objected,
saying it would encourage a black market and was "a dangerous
path."
"I'm not advocating for the black market, gangs, cartels to take
advantage of this," Reyes retorted, "but we can't choke it to
the point where it does not function." Then, Reyes withdrew his
amendment, asking Huizar to draft an alternative.
The council also approved an amendment limiting patients and
caregivers to membership in one collective, but with a provision
allowing for emergency purchases. That didn't go over well with
medical marijuana advocates, who complained that it would limit
access for patients.
The council also adopted a series of amendments from Councilman
Koretz, based on West Hollywood's ordinance regulating
dispensaries. Those amendments require dispensaries to have
unarmed security guards patrolling a two-block area, to deposit
cash daily, and to provide contact information to police and
neighbors within 500 feet.
The council squabbled over a number of amendments that sought to
micro-manage the dispensaries, ranging from a $100,000 salary
cap to restrictions on doctors writing recommendations. "This
industry is rife with people ripping off money from people who
are seriously ill," said Councilman Ricardo Alarcon, who offered
the salary cap amendment. "We ought to cap compensation because
I believe it will be abused, people will be making millions.
Those amendments excited the wrath of Councilwoman Janice
Hahn."We're going too far from what we need to be doing," Hahn
said with some exasperation. "Now you're going after
compensation, you're going after the doctors writing these
notes. If you take the logic that people in compassionate
professions shouldn't be making more than $100,000, we could go
after every doctor in this city. This is not what we're here
for, which is to regulate these dispensaries to make sure people
have safe access," she said to loud cheers from the audience.
"Let's stay focused."
In the end, Alarcon withdrew his amendment. City staff will
instead review compensation standards for non-profit
organizations and return to the issue later.
After heated debate, the council also deferred action on two
contentious issues: a cap on the number of dispensaries to be
allowed, and location restrictions that would bar dispensaries
from operating within either 500 or 1000 feet of schools, parks,
and other child-friendly locations. The council asked city
officials to return next week with studies on caps and maps that
would demarcate what areas within the city would be okay for
dispensaries. Councilmember Reyes displayed one such map at the
hearing, arguing that the location limits would dramatically
restrict the areas where dispensaries could operate.
While the ordinance anticipates setting a cap on the number of
dispensaries at 70, or one for every 57,000 residents, there
were indications during the debate that members could go for a
cap as high as 200, but even that would reduce the number of
dispensaries in the city by 80%.
"We're fairly pleased by the progress that has occurred in the
council over the past week or so, and we're certainly pleased
the city decided to allow sales of medical marijuana," said Kris
Hermes, spokesman for Americans for Safe Access (ASA --
http://www.safeaccessnow.org), the nation's largest medical
marijuana advocacy group. "We are concerned that any limit on
dispensaries not be an arbitrary cap, and that the council
decide on based on what patients need and where they need it."
ASA's Hermes said there was still work to be done, especially on
the issue of a cap on the number of dispensaries. "There are a
few more days left yet to lobby the council and urge them to
move ahead cautiously in the area of capping or limiting the
number of dispensaries," he said. "If the demand is there, there
should be sufficient facilities to meet that demand.
Unfortunately, I don't think that's the way the council's
going."
There are currently an estimated one thousand dispensaries in
Los Angeles. There were four when the council began working on
an ordinance way back in 2005. There were 186 when the council
voted to institute a moratorium two years later.
The City Council will return to the medical marijuana ordinance
at its December 2 meeting.
================ ...
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