Is The Washington Legislature Really 'Too Busy' To Protect Medical Marijuana Patients?

Artwork: Jimmy Wheeler
The late Jimmy Wheeler, a medical marijuana patient in Washington, created this artwork. Now a proposed patient protection bill will be named in his honor.

​By Steve Elliott at Toke of the Town

As most medical marijuana patients in the state already know, the current medical marijuana law in Washington doesn't protect patients from search, arrest or prosecution.

The recent Washington Supreme Court ruling in State v. Fry further highlighted how little protection -- as in almost none! -- the current law gives "legal" patients.

Medical marijuana activists Ken Martin and Steve Sarich of patient advocacy group CannaCare contacted every Senator and Representative in Washington at the beginning of the current 2010 legislative session, attempting to find a sponsor for their new bill that would finally offer legal patients protection from arrest and prosecution.

"We could not find a single sponsor for this bill," Sarich told Toke of the Town. "Those I actually spoke with told me they were 'too busy' this session."

"This made us curious about what, exactly, these legislators were so busy working on (besides new taxes on just about everything)," Sarich said. "What we found amazed us."

"Here are just a few of the bills that our legislators believed were more important than protecting sick and dying patients in Washington," Sarich said.

XB 6255
Concerning mute swans.

SB 5192
Allowing dogs in bars.

SB 6207
Allowing local governments to create golf cart zones.

SB 6284
Recognizing Leif Erickson day.

HB 1024
Designating Aplets and Cotlets as the state candy.

XB 6128
Concerning taxation of little cigars.

HB 1137
Protecting landowners' investments in Christmas trees.

SB 5011
Prohibiting the sale or distribution of certain novelty lighters.

HB 1638
Concerning colon hydrotherapy.

HB 1993
Allowing fishing license holder to use two poles in selected state waters.

"Perhaps these bills are truly important to some people," Sarich allowed. "That said, I think it's insulting to tell patients that making Aplets and Cotlets the official state candy is more important than keeping patients from being searched, arrested and prosecuted."

Medical Marijuana Lobby Day: Wednesday, February 24


"It's time to send the message to our elected officials, and Medical Marijuana Lobby Day is the opportunity to do that!" Sarich said. "Show up and have your voice be heard."

"We are gathering at 1 p.m. on the north stairs of the Legislative Building," Sarich said. "We'll have white booths there with literature, posters and special medical marijuana patient scarves with buttons that say "STOP ARRESTING PATIENTS."

According to Sarich, the goal is to educate legislators, "let them know we are voters and activists," to to gather legislative sponsors for the "Patient Protection Act" for the 2011 legislative session.

"The bill will be named the 'Jimmy Wheeler Memorial Patient Protection Act' in honor of my friend and longtime activist who was providing medical marijuana to patients before there there was legal medical marijuana," Sarich said.

"Jimmy died recently without ever seeing patients free from arrest and prosecution in his lifetime," Sarich said. "Please ask yourself how many more of us have to die before they realize we are not criminals."

"How many patients need to be persecuted before our elected officials provide us with the same protections offered to the rest of the disabled and terminally ill patients in this state?" Sarich asked. "I'm tired of being a second class citizen!"

"We will do our best to arrange transportation for you to this historic event," Sarich said.

For more information, contact Ken Martin at (509) 235-5485 or Steve Sarich at (206) 407-3017.

WA Supremes: No Matter If You're A Marijuana Patient, Cops Can Search And Arrest

By Steve Elliott in Toke of The Town

Graphic: thefreshscent.com

​If you're a legal medical marijuana patient in Washington and you thought your doctor's recommendation protected you from search or arrest, you're wrong. According to a new court ruling, you can be arrested and hauled into court every time an officer smells pot at your home -- even if you are complying with the law.

In a sharply divided decision, the Washington Supreme Court Thursday ruled against a patient arrested for possessing marijuana -- despite the fact that the patient had a doctor's recommendation for medicinal pot.

Incredibly, the court found that police had probable cause to search the patient's home, even after he presented what both he and the police believed to be a valid medical marijuana authorization form under Washington's medical marijuana law.

"Possession of marijuana, even in small amounts, is still a crime in the state of Washington," Justice James Johnson wrote in the lead opinion. "A police officer would have probable cause to believe Fry committed a crime when the officer smelled marijuana emanating from the Frys' residence."

Justice Richard Sanders dissented on that point, saying such an analysis would neuter the state's compassionate use law, passed by voters in 1998, reports Gene Johnson of The Seattle Times. While the law does create a defense against marijuana charges to be used at trial, he said, it also states that qualifying patients "shall not be penalized in any manner, or denied any right or privilege" for using marijuana under the act.

Under the court's ruling, a patient could be searched, arrested and hauled to court every time an officer smells marijuana at his or her home, even if they were complying with the medical marijuana law, Sanders argued.

Photo: NORML

Alison Holcomb, ACLU: "This ruling is disappointing, as the citizens of Washington have clearly expressed support for the rights of patients who are suffering to use marijuana for medicinal purposes"

​ "This ruling is disappointing, as the citizens of Washington have clearly expressed support for the right of patients who are suffering to use marijuana for medicinal purposes," said Alison Holcomb, ACLU of Washington drug policy director.

"This ruling shows that police may search and arrest a patient even though he has his doctor's authorization for the medical use of marijuana," Holcomb said.

"As interpreted by the court, all Washington's medical marijuana law provides is a defense patients can raise at trial -- after having been subjected to the stress and stigma of arrest and criminal charges," Holcomb said. "Patients acting in good faith on their doctor's advice should not have to fear arrest."

Wednesday's ruling arose from the case of patient Jason Fry, a resident of Stevens County. In December 2004, members of the sheriff's department went to Fry's home with what they called "suspicion" that he was growing marijuana.

Upon their arrival, the deputies smelled marijuana, but were denied entry into the home after Mrs. Fry showed them her husband's medical marijuana authorization form. The officers then obtained a search warrant.

After the search, Fry was arrested and charged for marijuana possession.

A trial court did not allow him to raise the defense that he possessed marijuana under Washington's Medical Use of Marijuana Act. The court capriciously ruled that Fry was not a qualifying patient and found him guilty of possessing marijuana; an appeals court unaccountably upheld the conviction.

Even after Fry was subjected to prosecution, the trial court refused to allow him to raise the medical marijuana defense because his doctor had mistakenly authorized the medical use of marijuana for a condition not listed in the law.

In other words, the patient was punished for the doctor's mistake.

The court unfortunately did not address the issue of whether Fry should have been allowed to present the jury with a defense that he reasonably relied on his physician's authorization for the use of medical marijuana.

The court was highly divided, with only four justices signing the majority opinion. In a concurring opinion, four justices asserted that patients should, in general, be able to present a medical marijuana defense at trial. Justice Sanders wrote a dissenting opinion.

Washington's Medical Use of Marijuana Act was adopted by voter initiative in 1998.

Washington State Considering Expanding Medical Marijuana Use

Washington state health officials are considering expanding the categories for which medical marijuana may be used.

​Washington State health officials are on the verge of deciding whether patients suffering from depression or certain anxiety disorders should be allowed to use medical marijuana as part of their treatment, Molly Rosbach at The Seattle Times reports.

Washington's medical marijuana law, adopted by voter initiative in 1998, limits the legal use of medical marijuana to patients who have been diagnosed with a "terminal or debilitating medical condition."

That includes patients with cancer, HIV, multiple sclerosis, hepatitis C and several other diseases causing pain or nausea "unrelieved by standard medical treatments and conditions."

On July 20 a petition was submitted to the Medical Quality Assurance Commission, which is responsible for deciding which conditions qualify for medical marijuana use, asking that they add bipolar disorder, severe depression and anxiety-related disorders to the list.

A public hearing will be held Wednesday night, Dec. 2, in Seatac to consider the petition. The hearing will be at 7 p.m. at the SeaTac Radisson Hotel, 17001 Pacific Highway S., SeaTac, WA.

Courtesy canorml.org

Dr. Greg Carter: "It's much safer than opiate medications like Oxycontin because you cannot overdose on cannabis."

​
Dr. Greg Carter, professor of rehabilitation medicine at the University of Washington and the first researcher to document the effectiveness of cannabinoids in treating ALS, said marijuana is regarded as safe by many doctors when used responsibly.

"It's much safer than opiate medications like Oxycontin because you cannot overdose on cannabis," he said.

Carter noted that he doesn't personally treat psychological conditions, but that there is medical evidence that marijuana can be useful in treating bipolar disorder and anxiety.

Dr. Carter, along with NORML's Dr. Dale Gieringer and Ed Rosenthal, wrote the recently updated Marijuana Medical Handbook.

The commission and the board are expected to issue a written order with their decision in a few weeks, the Times reports.

Read the original article at Toke of the Town

Marijuana Decrim, Frank Chopp, and the Case of the Missing Balls

Frank Chopp doesn't want to blow his speakers. (Photo: www.leg.wa.gov)

Ever know someone who had a really hot car, but they were afraid to really drive it?

That's how Washington's Speaker of the House Frank Chopp rolls.

How about the guy who had the 300-watt stereo system, but would never crank it up because "I don't want to blow the speakers"?

That's how Frank Chopp gets down.

And that's exactly how Chopp was getting down when a bill to decriminalize marijuana possession died in the Washington Legislature last spring.

According to multiple, well-placed sources (both inside the Legislature and those observing), Chopp, through a lack of political will and leadership, is the legislator most responsible for the death of marijuana decrim in the last session. A reliable inside source, in a position to know, tells me Chopp doesn't want to force a "controversial" marijuana decrim vote by the entire Legislature, because he doesn't want to force fellow Democrats (in the majority) to vote on pot any time before the 2010 elections.

The dude has a commanding Democratic majority in the state legislature, yet seems eerily unwilling to actually use that power to achieve progressive goals. Is that due to the fact that he's practically a sponsored candidate of the far-right Building Industries Association of Washington (BIAW), which funded both of Dino Rossi's reactionary (and unsuccessful) campaigns for Governor? Maybe. Chopp has worked with the BIAW to oppose consumer protection legislation supported by his own party.

"This is democracy at its worst," State Senator Brian Weinstein (D-Mercer Island) told The Stranger in a 2007 interview. "Here is one guy who overruled 30 Democratic senators and the Democratic House Judiciary Committee. There's no point in doing the fact finding, holding eight hours of hearings, of doing the right thing, if a dictator can just pull the rug out from under you."

"Weinstein went as far as to say Chopp killed the bill because he was sucking up to the BIAW," The Stranger's Josh Feit reported. According to Weinstein, Chopp wanted the BIAW on his side come election time to protect the Democratic majority. "And," Weinstein added derisively, "not do anything with it." (Chopp claims the BIAW had nothing to do with his decision.)

Democratic Rep. Brendan Williams (D-Olympia), who wore a defiant "No BIAW" pin to a Democratic holiday fundraising event in 2008, said he’s not running again because Chopp has neutered the Democratic agenda in Olympia by cozying up with the BIAW. Williams has been a major victim of Chopp’s alliance with the builders assocation: Two years in a row Williams’s homeowner bill of rights was killed at the last minute by Chopp. The BIAW was upset that homeowners would, my goodness, have the basic right to sue for faulty construction.

"Losing his majority" seems to be a deep and recurring fear for Chopp; it seems not to have occurred to the man that the reason he enjoys a big Democratic majority in the House is that maybe, just maybe, the voters support the Democratic agenda. His continual trumpeting of the "One Washington" theme sounds less like a yen for unity and more like a call for capitulation to conservatives. This is probably why Dominic Holden of Seattle alternative newspaper The Stranger has called Chopp a "feckless sissy."

The House Speaker has gone so far to appease the GOP that one prominent Demoractic State Senator, asked if Washington Attorney General Rob McKenna would be the Republican nominee for governor in 2012, replied, “Who knows? The GOP could run Chopp.”

Chopp's leadership style, or lack thereof, has been a growing source of controversy within progressive Democrats for some time now. Over and over, you see Chopp described as "the most powerful politician in the state," but you'd never guess it from his unwillingness to go out on a limb, to take a stand, to have a backbone.

This is frustrating for progressive Democratic voters who (over?)assume that having a liberal House Speaker like Chopp would result in more progressive advances. Granted, Chopp has passed the estate tax, collective bargaining for state employees, a housing trust fund, the highest minimum wage in the country, opportunity grants for college tuition, and other achievements.

But edge a little farther out the progressive limb and it doesn't take long to run into a laundry list of disappointments. Progressive wish-list items like environmental protections on Maury Island, payday-loan guidelines to protect low-income borrowers (which even Georgia has), ratcheting down the more than 400 lucrative tax loopholes handed out by the state to corporations... all unfulfilled promises, all due to Chopp's failure, despite wide party and voter support, to make it happen.

Labor unions, disappointed by Chopp's (and Gov. Chris Gregoire's) failure to bring the Workers Privacy Act (WPA) to a vote in the 2009 session, in an unprecedented move, declined to endorse any candidates this year. (The WPA supports First Amendment privacy rights of individual conscience, including opinions about politics, religion, unionization, and charitable giving. The WPA would have made sure that employees who resist any indoctrination of this kind by their employers would not be punished, and was unanimously approved by the state Democratic Party.)

Chopp, who grew up in Bremerton, likes to describe himself as a "Bremerton Democrat" (translation: "I'm almost like Norm Dicks. Besides, I don't smoke pot; I drink beer. Vote for me, please!"), presumably to distance himself from the "effete Seattle liberal" image that scares him so badly ("One Washington," remember?) Basing public policy on fear of what the conservative, largely rural, eastern Washington might think seems to be Chopp's mode of operation.

Chopp "repeatedly refused to provide any responses to citizens on the issues through the 2008 Political Courage Test when asked to do so by national leaders of the political parties, prominent members of the media, Project Vote Smart President Richard Kimball, and Project Vote Smart staff," according to Project Vote Smart. That would require, like, taking a stand, you know?

But it is perhaps telling that a few years ago Chopp, in the "Washington Gubernatorial Election 1996 National Political Awareness Test," wouldn't list marijuana decrim as a cause he supported:

Chart: Project Vote Smart

The 400 Dollar Man

Even Chopp's own constituents seem, well, unenthusiastic about him, at least when it comes to campaign donations.

In 2004, Chopp raised $91,585.80 for his reelection campaign -- but only an embarrassing $400 came from residents from his own district -- a total of three of them. The lion's share is from corporations, PACs and unions. Most of the rest is from individuals who live outside the district.

By way of contrast, Chopp's district mate, Ed Murray (who, unlike Chopp, was running essentially unopposed) got plenty of contributions from district residents.

Playing It Safe? Really?

The richly ironic thing is, Frank Chopp thinks he's playing it safe by not letting the Dems vote on marijuana decrim -- when, in fact, he's dangerously out of step with the people of Washington on this issue.

A recent poll shows a whopping 81 percent of Washington voters believe the state's pot laws are not working. Alison Holcomb, director of the ACLU of Washington's Drug Policy Project, says public opinion is firmly behind pot decrim.

Yet Chopp's timidity on the marijuana issue kept the bill (whose prime sponsor in the House was Rep. Dave Upthegrove of south King County) from moving forward. What, exactly, must we do to convince Chopp to actually lead, rather than dodge furtively about in the shadows like a spooked quail?

Marijuana Laws Cost Us, Big Time: At Least $177 Million Per Year (and counting)

Table: Dominic Holden, The Stranger

Rep. Brendan Williams of Olympia, one of the decrim bill's co-sponsors, used the cost-saving argument, vainly hoping hidebound conservative legislators would be attracted by fiscal responsibility. "Do you choose to provide health care for x number of children, or fund criminalizing marijuana possession?", he reasonably asked, citing a cost analysis of marijuana arrests taken from Washington State Institute for Public Policy data showing, based on the number of arrests in 2007, Washington would save at least $7.5 million by decriminalizing pot.

Throw in the $170 million the state of Washington wastes each year enforcing its futile and outdated marijuana laws -- which have no impact on marijuana use, according to the most extensive study ever undertaken on marijuana arrests -- and pretty soon you're talking real money.

And what do Washington's citizens get for their $177 million a year? Well, marijuana arrests, lots of them: 16,473 in 2007 -- 90 percent (14,766) of which were for simple possession (which would be decriminalized under the bill in question). Marijuana arrests accounted for almost half (48%) of all drug arrests in Washington during 2007.

Remember: The state of Washington is dealing with a $9 billion shortfall this year, yet somehow, even while cutting vital educational services, parks, and health care, finds money to bust pot smokers.

But I guess a paltry few million here and there doesn't mean a lot to the man who supports a project as monstrously expensive as what has been dubbed the "Choppway" or "Choppaduct" to replace Seattle's aging Viaduct -- even though voters in Chopp's district rejected an "elevated rebuild" by a convincing 73 percent.

The decrim bill would reduce the penalty for possessing up to 40 grams of marijuana to a civil infraction, subject to a $100 fine. Under current state law in Washington, having even one joint is a misdemeanor punishable by up to 90 days in jail. (A similar measure passed by a 30-point margin in a Massachusetts voter initiative last year.)

The bill almost immediately hit a roadblock after being introduced in January 2009. Rep. Chris Hurst of Enumclaw (office telephone 360-786-7866), a former narcotics officer(!) who chairs the Public Safety and Emergency Preparedness Committee, refused to give the bill a hearing. Ex-cop Hurst claimed he actually "supports" decrim, but said Washington state "should not act ahead of the federal government."

In fact that has never -- even once -- been a problem in the 13 states, including even Mississippi, that have decriminalized. Besides, according to Rep. Roger Goodman (D-Kirkland), an attorney and former head of the King County Bar Association's Drug Policy Project, "Federal law clearly allows the states to prescribe their own penalties, whether civil or criminal."

Make no mistake about it: If House Speaker Frank Chopp had demonstrated a little leadership (or cojones) on this issue, he could have asked Hurst to pass the decrim bill out of committee. But he didn't... which brings us back to the case of the missing balls.

Will Frank Chopp Ever Grow A Pair?

Not unless his constituents (that's you, the voters) insist upon it; growth isn't always easy or comfortable. But if you make opposing marijuana decrim more uncomfortable for Frank Chopp than supporting it, he'll come around. It's amazing how fast these things can sprout once they get some proper support. (No, I'm not suggesting you think of yourself as a jockstrap.)

Call or write Rep. Chopp's office (contact info at bottom) and let him know that you, like the majority of Washingtonians, support decriminalizing marijuana.

Sen. Jeanne Kohl-Welles, D- Seattle, has authored legislation making possession of 40 grams or less of marijuana a civil infraction rather than a misdemeanor. Though the bill didn't get far last session (thanks in large part to Frank Chopp), Sen. Kohl-Welles plans on once again pushing it hard when the Legislature gets to work in 2010.

A matching bill will once again be introduced in the State House, where it has considerable Democratic support. “It will definitely be debated,” said Rep. Mary Helen Roberts, D-Lynnwood, who supports decriminalizing marijuana use and co-sponsored the House bill last spring.

This legislation is getting talked about among lawmakers seeking ways of cutting costs in the face of a $2 billion hole in the current budget, according to the Everett Herald-Net.

We all owe a big thanks to the members of the State Senate Judiciary Committee (which passed it 5-3 last spring) who supported the bill. The members of the committee who voted to pass were prime sponsor Sen. Jeanne Kohl-Welles, Committee Chair Sen. Adam Kline, Committee Vice Chair Sen. Debbie Regala, and the eloquent, intelligent and articulate Sen. Rodney Tom, all Democrats; and Republican Sen. Bob McCaslin, who bravely crossed party lines to make this a bipartisan effort.

On the other hand, Sen. Jim Hargrove and Sen. Pam Roach, along with Sen. Mike Carrell (the three Senate committee members who voted against the bill), proved that they don't mind wasting millions of your tax dollars on futile, pointless and cruel marijuana enforcement. Vote these clowns out of office next chance you get.

Contact Info For House Speaker Frank Chopp's Office

Call Speaker Chopp's office and let him know you support marijuana decrim.

(Etiquette hint: it's probably best not to talk about the missing balls.)

Rep. Frank Chopp
P.O. Box 40600
Olympia, WA 98504-0600
(360) 786-7920
E-mail Representative Chopp
District/Position: 43/2 (Democrat)

Reality Catcher: Marijuana Decrim, Frank Chopp, and the Case of the Missing Balls

Medical Marijuana Activist Darren McCrea Fights The Power In Spokane

After a raid last year, (covered here on Reality Catcher), medical marijuana advocate/caregiver Darren McCrea's legal troubles continue in Spokane, where the local police clearly aren't cutting him any slack at all in a program of harassment that has lasted for years.

On Monday McCrea, 41, pleaded not guilty to seven marijuana-related felonies in Spokane Superior Court, according to KXLY.com. Police raided his home 14 months ago after months of investigation triggered, cops say, by a tip that McCrea was "selling to anyone with a medical permit," according to a probable cause affidavit, Spokesman.com reports.

With a doctor's medical marijuana recommendation, it's legal in the state of Washington to possess up to 24 ounces (1.5 pounds) of marijuana and up to 15 plants. The five people to whom McCrea is accused of selling all have Washington medical marijuana cards. At issue in the case is how the law defines caretakers permitted to provide medical marijuana to patients.

“It’s created a great deal of confusion and more questions than answers,” Deputy Prosecutor John Grasso told the newspaper. “Unfortunately, I think we’re going to have to sort through the confusion and questions with prosecution.” Hmm... sounds a lot like a "Bust 'em all and let God sort 'em out" approach. Way to reach out to the community, prosecutor!

Prosecutors maintain it's illegal to sell marijuana to multiple customers and that's why McCrea, a prominent and vocal medical marijuana advocate, could now face prison time. SpoCannabis is a non profit organization dedicated to helping medical marijuana patients safely obtain their medicine, according to McCrea.

In 1998 Washington passed a law allowing people with "terminal or debilitating illnesses" to possess and grow marijuana. Former logger Steven Delgado has battled three different types of cancers and legally uses marijuana to treat his nausea and increase his appetite.

"I'm a big guy, I need to keep the weight on and it's helped me significantly to do that one simple thing. I don't understand all the fuss, medicine is medicine," Delgado told KXLY.

If Delgado was too ill or otherwise unable to buy or grow his own marijuana state law also allows a caregiver, like Darren McCrea, to find it for him.

However when Spokane police started watching McCrea they say they saw him selling to multiple patients instead of just one.

"The way the statute was written is vague, it says that you can only supply to one person at a time but it doesn't define what that is," McCrea's attorney David Miller said.

Spokane police say McCrea was selling to so many medical marijuana patients that they found $32,000 in cash and five pounds of pot in his home. However McCrea supporters insists he's more interested in ending pain and suffering than turning a profit.

Friends and SpoCannabis volunteers attended McCrea’s arraignment Monday to show support for a man they described as a hero. “Darren provides support and education for people like me,” said cancer patient Delgado. “I almost feel like I’m on trial. It upsets me that Darren's in the situation that he's in when he just wants to help people and I believe in what Darren does," Delgado said.

Members of Spocannabis and other supporters of safe access for patients say without caregivers like McCrea seriously ill patients will have to buy their marijuana off the streets. "It will force medical marijuana patients to seek to get their medical marijuana from unscrupulous sources," attorney David Miller said. "Is that that going to benefit Spokane? Is that something we need to have happen?"

Vancouver PD Railroading Medical Marijuana Patient To Settle A Score?

Sidney Delaplaine at home in Vancouver, Washington, August 2009

Life in small town America has its perks, but things can get pretty damn iffy pretty damn quickly when you piss off the local cops.

Of course, that couldn't be the reason Sid Delaplaine is facing a long prison sentence, could it?

Could it?

Piling On The Charges For Medical Marijuana

In October 2006, Vancouver, Washington medical marijuana patient Delaplaine grew 21 plants in his backyard (not in public view) for his annual supply of medicine. "I had already cut six of them; 15 were still growing," he told me. The Vancouver Police Department raided his home and took all the plants, along with a couple of guns.

Delaplaine was charged with manufacturing and selling marijuana, with charges enhanced because of guns, even further enhanced because a school bus stop is in front of his house.

The harassment didn't stop with the raid. "They've been dogging me for three years," Delaplaine told me. "Every time the cops have had an opportunity to come to my house and roust me, they did."

Vengeance Is Mine, Sayeth The Cop

Sid Delaplaine's daughter used to be a dispatcher with the Vancouver, Washington Police Department. She loved her job. And it bothered her a lot when she noticed back in 2006 that calls for help from one of the officers, a native of India named Navin Sharma, somehow seemed to result in a certain lack of response from the other officers.

Surely such nasty racial prejudice wouldn't exist among members of the esteemed police force of Vancouver. But then, there it was. When Officer Sharma called in, sometimes the other officers just wouldn't respond at all.

Trying to do the right thing, Delaplaine's daughter reported what she'd observed to internal affairs. But her confidence was broken by one or more officers, and soon she found herself blackballed.

Despite becoming the victim of what looks a lot like a case of blaming the messenger by the Vancouver PD, Delaplaine's daughter's testimony helped Officer Sharma eventually win a settlement of $1.65 million in September 2008. Sharma said he faced discrimination and retaliation after he won an earlier settlement from the city. His attorneys said the city seized upon minor mistakes Sharma made on drunken driving reports as a pretext for firing him.

Not surprisingly, California consulting firm Matrix, recently hired (to the tune of $46,440) by the Vancouver PD, told them they have a significant problems with poor morale, inadequate communication, organizational dysfunction and labor-management unrest. The consulting firm reached these conclusions after a four-month study of the department, focusing on its internal affairs and disciplinary processes.

In employee surveys conducted as part of the study, a miniscule 5 percent of respondents within the Vancouver PD said there was a "positive organizational culture" in the department.

Not surprisingly, lawsuits, arbitrator rulings and internal investigations have had a negative effect on the department, the consultants concluded. "Morale is poor," said Brown Taylor, a Matrix consultant and former police chief himself (Los Altos and Mountain View, CA). The scandal-plagued department has gone through nine police chiefs in the past 19 years.

Rather than accepting the obvious findings of the consultants, apologizing, and promising to do better, the police union reacted with suspicion and hostility. "With the current climate we have, without us trusting the administration, guild members aren't convinced that it would lead to a fairer process," said Ryan Martin, president of the Vancouver Police Officers Guild. "We can't trust they will make the appropriate decisions anyway. So why would we give up a right that protects our members?"

There now, that's a great, productive attitude to have, Officer Martin. Good to see you're more concerned with protecting misbehaving cops than, you know, being held accountable and stuff!

Chris Sutter, assistant chief for administration in Vancouver, said the department started a working group in 2008 to examine these issues, but quickly ran into opposition from the union. "They have been very reluctant to recommend any changes," Sutter told the Columbian newspaper. "In fact," added Police Chief Cliff Cook, "they won't put anything in writing."

.......

So there you have a brief summary of the Vancouver police officers' "constructive" reactions to criticism.

Now, just because one brave young dispatcher helped to expose racism, cronyism and corruption in the local police department, that wouldn't result in what looks a lot like vindictive, petty retaliatory actions from the cops themselves, would it?

Would it?

Douglas Hiatt (photo courtesy of NORML)

What You Can Do

Seattle activist attorney Douglas Hiatt is taking on Sid Delaplaine's case pro bono. But as the upcoming trial is in Vancouver, he and a couple more volunteer attorneys will have to spend the time (probably a week or more) in a hotel and will incur considerable expenses.

Hiatt needs our help in meeting and defraying those expenses; his goal is to raise $5,000 to ensure that Sid Delaplaine receives a fair trial with the best defense possible.

Please send what you can; anything helps:

Douglas Hiatt
3161 Elliott Ave., Suite 340
Seattle, WA 98121

If you'd rather contribute online, you can donate to the anti-Drug War group The November Coalition.

Be sure to include a note with your donation that it is intended for Douglas Hiatt, and the money will go towards defending Sidney Delaplaine:

Donate to Douglas Hiatt via November.org

The Sad Case of Charlie Lynch

Medical marijuana dispensary operator Charles Lynch, 47, is facing a government-recommended five years in federal prison -- even though he meticulously followed state and local laws. Under federal law, Lynch could receive up to 100 years. At a hearing Thursday, the judge in the case indicated a decision on sentencing will be delayed until June 11.

read more | digg story

Some Thoughts on Monday's Upcoming 420 Celebrations

Friday, April 17, 2009

Just a Couple of Friday Hemp Factoids

The Cannabis Community is all abuzz as we approach April 20th (4/20) and the various and assorted planned activities around that day. Myself...I am leery as I watch the American News media beating a rather ugly sounding anti Marijuana Drum since Barack Obama took office...I see it as a "Custer's Last Stand" on the part of the DEA who does not want to lose what has been a very profitable enforcement run for them...as example, legalization of Medical Marijuana would see enforcement issues and inspection handed over to the FDA, and Industrialized Hemp oversight would probably go to the USDA. The just say no message is being tweaked and amped up, and we have some heavy hitters (Hillary Clinton, Janet Napolitano, Eric Holder) in the Obama administration blaming the Mexican Drug War on American Pot Smokers.

Some Factoids (Hemptoids)

1. At least 2/3's of American Marijuana Consumption (both legal and illegal) is grown right here in America, and we could easily grow 100 percent of our consumption if Cannabis and Hemp were legalized.

2. The Drug Cartel's and their war is not really about Marijuana, but instead is about Heroin and Cocaine and the routes needed to get their products into America.

On 420, have fun, CELEBRATE OUR DAY, but I would ask each and every one of my fellow Budsters out there in 420 land to remember the goal of Legalization, and consider signing up to do some volunteer work for the cause. We need state and city bloggers ourselves. ASA (Americans for Safe Access) and NORML probably have lots of volunteer work waiting for a set of hands that wants to pitch in.

We cannot realize our dream without every Cannabis Friendly American doing their part for the cause, and while we are on the subject, lets not forget that our friends in Canada are dealing with many of the same issues and harrassments we ourselves face.

Tags: 420, cannabis, dea, friendly, hemp, legalization, marijuana, medical, obama,

Hemptoids-small, sometimes rarely known facts about Hemp and Cannabis.

Medical Marijuana...TRUTH IN ADVERTISING

Tuesday, April 14, 2009

Government Must Rely On SOUND SCIENCE In Public Medical Marijuana Statements

GOT BUD?

Today is a huge day for the Medical Marijuana community. (ASA) Americans for Safe Access will be in the Ninth Circuit Court arguing an interesting case that could begin unsnarling the nasty bale of entwined lies that is the government's Medcial Marijuana Propaganda Campaign. There is a little known law called the Data Quality Act (DQA) which requires public information to be BASED ON STRONG SOUND SCIENCE.

We all know that the government's position that Marijuana has no medical benefits is not supported by sound science. A court ruling in favor of ASA could send shock waves through the War On Drugs community, would require them to rethink their strategies...meanwhile, with some major fund raising drives, the Legalization Community could blitz the airwaves with THE REAL TRUTH

Can you imagine forcing your elected officials to offer up letters to their constituents admitting that Marijuana has medicinal value. Here is the way I see it. ASA wins this case in the 9th Circuit Court. The 420 community using case sites write our Elected Officials with a "Dear Member of Commerce...blah, blah, blah, based on Case# xxxx the government must publish true and accurate information, and I notice you have publicly issued statements embracing governmental positions on Medical Marijuana that are not based upon Sound Science.

We should all be keeping and eye on this case. Here is the article I found on the issue.

I find myself wondering...could we force the government to PAY FOR AN AD CAMPAIGN to correct their lies? A PSA or three paid for with government funds that hails the virtues of Medical Marijuana.

Ninth Circuit Court hearing arguments tomorrow on the accepted medical use of marijuana in the United StatesMonday, April 13th, 2009 at 7:20 pm By: Radical Russ

Americans for Safe Access
For Immediate Release: April 10, 2009
Contact: ASA Chief Counsel Joe Elford 415-573-7842 or ASA Media Liaison Kris Hermes 510-681-6361

Federal Position on Medical Marijuana Put Before Ninth Circuit Tuesday
Federal hearing is latest battle on whether policy is based on science or politics

San Francisco, CA — Medical marijuana advocates will get to argue before the federal Ninth Circuit Court of Appeals on Tuesday, April 14th, the right to challenge an outdated position held by the federal government: “marijuana has no currently accepted medical use in treatment in the United States.” The national advocacy group Americans for Safe Access (ASA) filed a lawsuit in February 2007 demanding that the federal government cease issuing misinformation and correct its statements on medical marijuana. “We welcome the Obama Administration’s recently stated commitment to making policy decisions based on science, not politics,” said Joe Elford, Chief Counsel with ASA. “This case is designed to ensure that the federal government’s policy on medical marijuana is not politically motivated.”

What: Oral arguments in a case before the Ninth Circuit that challenges the government’s position on medical marijuana

When: Tuesday, April 14, 2009 at 9:30am

Where: Ninth Circuit Court of Appeals, Courtroom 4 at 95 Seventh Street, San Francisco, CA

In order to challenge the government’s position, advocates are using a little-known law called the Data Quality Act (DQA). The DQA requires federal agencies such as Health and Human Services (HHS) and the Food and Drug Administration (FDA) to rely on sound science when disseminating information to the public. One of the main issues in the case is whether citizens have a right to challenge government information believed to be inaccurate or based on faulty, unreliable data.

“The science to support medical marijuana is overwhelming,” said ASA Executive Director Steph Sherer. “It’s time for the federal government to acknowledge the efficacy of medical marijuana and stop holding science hostage to politics.” On March 9, 2009, President Obama issued a memorandum to the heads of executive departments and agencies stating that, “The public must be able to trust the science and scientific process informing public policy decisions,” and calling for “transparency in the preparation, identification, and use of scientific and technological information in policymaking.”

A Front Line Medical Marijuana Caregiver Needs Our Help...Letter Writers Needed ASAP!

Saturday, April 11, 2009

Please Help Charles C. Lynch...April 29th Deadline

Rather than tell the story myself, shall post the article I stumbled across (thanks to Twitter) in the hopes it will get some of us motivated this Easter Weekend to write a personal letter to Judge Wu on behalf of Charles C. Lynch. A lot of people wrote letters, but they were FORM LETTERS, and that is not going to help Charles C Lynch who was the former owner and managing Caregiver for Central Coast Compassionate Caregivers in Morro Bay. His crime...doing what the local community said he was entitled to do, help sick patients, act as a caregiver, and dispense Medical Marijuana. He faces sentencing on April 29th, and some letters from the heart could greatly HELP HIS CAUSE.

If you wish to write a letter of support regarding sentencing please use the Letter salutation "Dear Judge Wu" and then send the letter to:

Reuven Cohen
Federal Public Defender
321 East 2nd Street
Los Angeles, CA 90012-4702

Here are some pointers on what you might want to put in this letter...the real key to helping Charles C. Lynch is appropriate personal experiences, and a letter WRITTEN FROM THE HEART.

Mention the recent change in Federal Policy mentioned by Eric Holder.

If comfortable, touch on, "The conflict of State vs Federal Law".

Mention the 10th Amendment of the Constitution, states rights and how lawmakers swear to uphold the constitution.

Discuss your belief that the harsh mandatory minimums meant for drug king pins were not meant for medical marijuana providers who in effect are Health Care Providers.

Your own personal experiences as a patient or with a friend, son, daughter, brother, sister or relative of somebody you know that benefits from the medicinal use of marijuana.

Talk about the thirteen states that have legalized medical marijuana. Michigan just came on board as a Medical Marijuana State.

A front line leader in the Medical Marijuana is facing some very serious prison time, and your letter could be the one that touches Judge Wu's heart, gets him to take a serious look at California's laws and their position on Medical Marijuana, and hand down a just ruling, even if that means going against the Federal Sentencing guidelines. Charles took at stand for every Medical Marijuana patient in America by opening up his storefront, and in his hour of need we in the 420 community need to come to his aid.

Home

Welcome to Friends of CCL Charles C. Lynch is the former owner and managing Caregiver for Central Coast Compassionate Caregivers in Morro Bay. The dispensary opened on April 1 2006 with the blessing of the city and even joined the Chamber of Commerce. In July 2006 the dispensary was granted a Conditional Use Permit from the City of Morro Bay to include a Medical Cannabis Nursery at the dispensary. The Dispensary operated for almost one year without any major problems or complaints to the owner. On March 29, 2007 the Local Sheriff and DEA agents raided the Dispensary and Home of Charles Lynch. Lynch was not arrested at the time and reopened the dispensary on April 7 2007 with the blessing of the City of Morro Bay. A week after reopening the dispensary the DEA called the Landlord and threatened him with Forfeiture of his property unless he evicted the Dispensary from the building. On May 16, 2007 the Dispensary closed permanently. On July 17, 2007 Lynch was arrested at his home and charged with Federal Marijuana Distribution. Lynch pleaded not guilty and went on trial July 22, 2008 in Los Angeles. Lynch was not allowed to discuss state law or mention 'medical marijuana' during the trial. Also large amounts of evidence including Lynch's compliance with State and Local laws could not be considered as factual by the jury. Before opening the dispensary Lynch called the DEA and asked about thier policy regarding medical marijuana dispensaries. The DEA told Lynch it was up to the Cities and Counties to decide how to handle the matter. This was Lynch's only defense in Federal Court and is called entrapment by estopell when a government agent says something is ok when in fact it might not be. Click here for more information. On August 5, 2008 Lynch was convicted in Federal Court for operating the Central Coast Compassionate Caregivers. On January 6, 2009 Lynch appeared before Judge Wu to request a new trial on the grounds that he was not allowed to get his defense before the jury and other new evidence. The request was denied. Charles has been out on a $400,000 bail posted by his loving and trusting family and was under house arrest for over nine months. During March 2009 United States Policy regarding Medical Marijuana changed in favor of states as long as the dispensary complied with state law. Lynch's dispensary complied with all state and local laws during the time it was open. Click here to read the San Francisco Chronicles report of the new policy. On Friday March 13, 2009 John Stossel and ABC News 2020 aired he story of Lynch on National Television. On Sunday March 15 Al Roker did a documentary entitled Marijuana Inc. Al Roker reporting and focused in on the case of Charles C. Lynch. Sentencing which was scheduled for March 23, 2009 was postponed because the judge requested information from the Government regarding the New Policy regarding medical marijuana dispensaries. Despite the recent policy changes Charles C. Lynch will be sentenced on April 30, 2009 at the Federal Court House in Los Angeles. Supporters who wish to write a letter of support regarding sentencing should use the Letter salutation "Dear Judge Wu" and then send the letter to: Reuven Cohen Federal Public Defender 321 East 2nd Street Los Angeles, CA 90012-4702

Mr. President, It's Time To Talk About Marijuana

By Steve Elliott
Reality Catcher

In a recent town hall meeting, President Obama, when asked about the legalization of marijuana, nervously laughed and briefly dismissed the idea, which had been advanced as a way to help pull out of our current economic doldrums. In doing so, the President was following conventional wisdom when it comes to marijuana -- that to openly support reform or repeal of harsh anti-pot laws is tantamount to political suicide.

The President's nervousness around this touchy issue -- particularly in view of his admitted youthful marijuana use -- is completely understandable. But I don't think it's news to anyone that the political landscape is changing, and changing rapidly. Especially when it comes to marijuana, there is a huge shift underway in public perception of the herb -- one that will eventually and inevitably result in legalization. We are nearing that tipping point.

Olympic swimming star Michael Phelps' recent indiscretion is one of the catalysts that propelled marijuana to the front burner. (In case you've been under a rock, Phelps was photographed hitting a marijuana bong at a party.)

The marijuana community united in support of Phelps when he was unceremoniously dumped by corporate sponsor Kellogg's, and beyond that, a lot of people who hadn't given much thought to marijuana suddenly were wondering, "Hmm... If pot is really so bad, then how did Michael Phelps win all those gold medals?"

But there's a lot more to the story than that. The issue of marijuana law reform deserves serious consideration, because it has a big impact on both individual lives and families, and on law enforcement priorities and budgets, along with overcrowded jails and prisons.

No Time To Wait

I've seen the idea batted around that perhaps the President is biding his time. According to this line of thought, "controversial" things like marijuana reform will have to wait until Obama's presumed second term, when American presidents have traditionally dealt with issues that otherwise might have come back to haunt them when they ran for re-election.

I think of myself as a patient man, but there's more to this scenario than patiently waiting for politicians to lead. Most important is the fact that, contrary to what many believe, lots of people are still being busted for pot. In 2007, more than 872,000(!) people were arrested for marijuana -- an all-time high. The vast majority of those cases -- 775,000 -- were for simple possession.

If we're supposed to wait four more years for marijuana law reform, that means, at current rates, almost 3.5 million more Americans will have been arrested for marijuana before anything changes. More than 3 million of those arrests will have been for possession alone. That's just unacceptable.

Opponents of the war on marijuana -- or the "marijuana vote," if you will -- voted overwhelmingly for Obama in last November's election. While most of us are under no illusion that we'll receive any special treatment, what we do ask is to at least be taken seriously.

We believe that the issues of privacy, the erosion of civil liberties, jail and prison overcrowding, and civil forfeiture are crucially serious -- and the war on marijuana and its users directly and hugely impacts all of these concerns.

But while all of these issues are serious to any caring, informed citizen, none of them has the immediate and visceral impact of the most important issue of all: We believe it is wrong to jail people for using marijuana. Period. The punishment just doesn't fit the supposed "crime."

The United States already has a higher proportion of its population behind bars than any nation on Earth. Forget Russia, China, North Korea, and Iran; we've got them all beat, when it comes to keeping people in cages. Do we really need to exacerbate this problem by locking up people for pot?

Let's leave aside for a moment the genuine and valid questions many of us have about the Constitutionality of a law which outlaws a green plant and monopolizes that natural resource (cannabis) for the federal government's production -- which the current law assuredly does.

And to find our way to a productive discussion, we'll leave behind the extreme frustration many of us feel that the important issue of marijuana law seemingly ranks in priority somewhere below, say, a photo-op with Queen Elizabeth.

Let's cut to the chase: the financial aspect of prohibition vs. regulation. Legalization, regulation and taxation of the cannabis industry would result in a huge new source of revenue for federal, state and local governments. A substantial new revenue stream for government can only assist as we find ways to address the financial crisis which faces our nation.

This revenue stream could be established without substantially increasing the rate of marijuana use in the United States. In fact, if we look at the data from the Netherlands, there is reason to believe that legalization would result in reduced marijuana use, especially among young people.

Marijuana prohibition currently costs American taxpayers almost $42 billion a year. Compare this negative cash flow to the projected tax benefits of legalization -- between $2.4 and $6.2 billion annually -- and it becomes obvious why Milton Friedman and more than 500 other respected economists publicly support the legalization of marijuana.

In discussing government marijuana policy with fellow activists, we've wondered if the federal government can supply even one credible argument against legalization and regulation. And we've been unanimous in agreeing that we haven't seen one yet. What, exactly, are the benefits of marijuana remaining illegal? We'd really like to know.

The Question of Rescheduling

An excellent first step towards ameliorating the disaster that is federal marijuana policy (and has been for decades) would be to reschedule pot. Marijuana's current DEA classification as a "Schedule I" drug (right up there with heroin and PCP) means that, according to the federal government, pot has "a high potential for abuse and no accepted medical use." Almost unbelievably, even cocaine is deemed less dangerous than marijuana, receiving a Schedule II ranking.

That pot has no medical value would certainly come as news to the thousands of doctors and scientists who've shown marijuana to be an effective medicine for many conditions, and to the hundreds of thousands of medical marijuana patients. Which is to say, marijuana is scheduled incorrectly to such an extent that it would be comical if the real-world effects weren't so tragic.

It's important not to lose sight of the fact that ill people are needlessly suffering because of federal marijuana policies. Policies like these are impossible to rationalize or justify.

Marijuana's unjustifiable Schedule I status has resulted in years of the DEA's misguided policy of raiding medical marijuana patients and providers, even in states that have legalized pot's medical use -- because the federal government officially doesn't recognize any legitimate uses.

That's rather schizophrenic, since the federal government has itself for 30 years been supplying a handful of patients with government-produced medical marijuana. Hypocrisy much?

The Tide Is Turning

We applaud the positive moves the Obama administration has already made in regard to drug policy. We are encouraged that Mr. Obama supported pot decriminalization during his 2004 Senate campaign. Especially laudable is the stated new policy of the DEA, as confirmed by Atty. Gen. Holder, that federal resources won't be used to raid medical marijuana patients and providers in states where medical pot is legal.

But while that's a big step in the right direction, it ultimately won't be enough, as it doesn't address the issue of recreational use. More than 20 million Americans use marijuana regularly, and, according to Time magazine, 42 percent of the population has tried it at least once.

According to recent polls, marijuana legalization now enjoys majority support on the West Coast. Nationwide, the number is greater than 40 percent in three independent polls, and steadily creeping upward.

With a national majority soon to favor legalization -- sometime within the next 10-12 years, according to experts -- there is a once-in-a-lifetime opportunity to lead on this issue. We believe it deserves a thoughtful response.

Mr. President, it's time to talk about marijuana.