December 2014 | News Nuggets

OREGON

Cannabis legalization received support from police

ess than a week before Oregon legalized the herb for recreational use, a group of law enforcement officers came out in support of legalizing the herb. The group’s statement was revealed in a letter that was released by Yes on 91: “Arresting and citing thousands of people in Oregon and elsewhere for marijuana-related crimes is a distraction to law enforcement and a misuse of taxpayer resources. The time and money spent should go to making our communities safer.” the letter stated. Some of the individuals who signed the letter included a former Oregon County Deputy Sheriff, a former Denver police Department Lieutenant and a retired Los Angeles Police Department Deputy Chief. Now that cannabis has been officially legalized, the state is estimated to make up to $40 million every year on cannabis taxes, and up to $100 million in tax revenue.

Sentencing delayed after Oregon legalizes cannabis

In light of Oregon’s newest choice to legalize cannabis recreationally, one federal judge decided to delay one man’s sentence temporarily. In April 2013, Bounlith Bouasykeo was indicted on multiple federal charges of possession, manufacturing and distributing 100 kilograms of cannabis, according to ABC News. In July 2014, Bouasykeo pleaded guilty to the charges and was sent back to Oregon for sentencing. It wasn’t until then that U.S. District Judge Michael W. Mosman decided to delay Bouasykeo’s sentence because he was “reluctant to send someone to prison today only to find out later that the view of the U.S. Department of Justice had evolved on crimes involving marijuana.” There are many charges stacked against Bouasykeo and it is unlikely that his sentence will change, but the hesitation of his sentence proves how determined seems to be Oregon regarding cannabis penalties in the future. On the subject, U.S. Attorney Amanda Marshall stated her intent for who those being targeted by the police. “We are not looking for people who are acting within the law. We are looking for profiteers. We are looking for tax evaders and money launderers and other criminal activity.”

ARIZONA

Medical cannabis licensees can still receive DUIs in Arizona

There is still a grey area regarding how a patient found with cannabis in their blood, but is not impaired, can be prosecuted for Driving Under the Influence (DUI). Recently, an Arizona court ruled that drivers can indeed be charged with a DUI. The ruling came as a result of a case with Travis Darrah from Phoenix, who believed that because he owned a medical cannabis license that he was exempt from being prosecuted. Darrah received two counts of DUIs: He was acquitted of the first, which claimed he was driving while impaired, but not of the second, which points to him “having a prohibited drug” in his body, according to The Washington Post. The non-acquittal was due to the fact that the judge on Darrah’s trial did not find sufficient evidence in the current Arizona medical cannabis law, and stated that if voters wanted to protect patients against such events, that they would have specified in the state law.

Tucson and Marana approve medical cannabis delivery

The state of Arizona left it up to the cities to choose whether or not medical cannabis delivery businesses can operate, and recently, Tucson and Marana approved that notion. Tucson News Now was allowed to watch the entire process in how one business went about its cannabis delivery services, and noted that the business conducted its operation in a structured and professional manner. Furthermore, the delivery vehicles are unmarked, and carried a GPS tracking device at all times to ensure that everything runs smoothly and safely. Dispensary owner Vicky Puchi-Saavedra expressed her excitement towards finally being able to serve patients who can’t come to her dispensary for medicine. “We have a lot of patients who are handicapped and some don’t have a car or have difficulty coming in their car to get their medicine,” said Puchi-Saavedra. In the case of a delivery vehicle being pulled over, local police are expected to ask for the driver’s dispensary agent card, the amount of cannabis being transported and where they are heading, which is said to be enough to let the drive continue on their way. Although the police did not directly comment on the new protocol for such situations, the city staff claims that the police are indeed informed about the new changes and how to approach them.

BAY AREA

San Jose collectives officially close

The deadline for illegal collectives in San Jose has come, and many business owners have struggled to attain a city permit for their stores up to the last day. A total of six collectives are leaglly allowed in the city, leaving the rest to be shut down. This is due to a vote that approved the shutting down of collectives about two months ago. Although many cannabis collectives applied for the operating permit, over half were rejected. Now, regulations require that collectives be at least 500 feet away from homes and residential neighborhoods, and all products must be grown or cooked at the location.

Warrantless raids of collectives in Lake County ruled unconstitutional

Recently, Federal District Court Judge Thelton Henderson ruled that it’s unconstitutional for owners of cannabis collectives to be raided by police who don’t have a legal warrant. The ruling comes as a result of a court case that began earlier this year, between the Federal Court and an ordinance that allows no medical cannabis cultivation centers to exist in Lake County. This case however, finally broke through in defense of cannabis, which helps when encountered by “warrantless searches or summary abatement actions without consent, unless doing so is necessary to prevent immediate physical harm to persons or property, the destruction of evidence for a criminal case, or the escape of a criminal suspect,” Judge Henderson stated. This victory is a strong step forward for both patients and collectives, allowing them to “. . . no longer live in fear that police officers will raid their property without a warrant and unlawfully seize their medicine,” stated San Francisco Lawyer Joe Efford.

COLORADO

Edible cannabis treats still an issue in Colorado

Although a “Colorado task force” met with the intention of finding a solution to what cannabis edibles should look like, the team ended the final meeting without firm results. The meeting’s intent was to find a way to create regulations for markings on cannabis edibles packaging, with further resolution to follow, with a list of what kind of food product can and can’t be made with the herb. The main issue was based around preventing children from being enticed by colorful packaging, food that children eat on a normal basis. Unfortunately, the meeting only verified that most of the team’s ideas were “unworkable and illegal,” according to the Associated Press. There is no solution in sight just yet, but the final decision will be made at next year’s State Legislature, as the law states that all edibles must have a distinct and defined labeled by 2016.

Colorado cannabis credit union could open by January 1

The world’s very first cannabis credit union could well be on its way, allowing Colorado cannabis businesses to finally have access to a secure form of financing, according to The Denver Post. In Mid-November, the Colorado Division of Financial Services issued for The Fourth Corner Credit Union charter to be issued. Unfortunately, it will take more than that to make the dream a reality. Next, insurance must be obtained from the National Credit Union Administration (NCUA), federal regulator of credit unions and opening of a master account with the Federal Reserve System. It could take the NCUA two years, but apparently Fourth Corner is allowed to operate until the NCUA makes its final decision to approve or deny the aforementioned requirements. If approved for insurance, Fourth Corner will be available to all cannabis businesses in the state, which also includes non-profit organizations.

LA

Teen arrest and dropout rates decreased after California decriminalized cannabis

Finally, fundamental proof that cannabis, where it’s legal, medically or recreationally or at the very least decriminalized, does not drastically cause an increase in teen arrests, overdoses or dropout rates. In fact, a new report from the Center on Juvenile and Criminal Justice recently added more evidence in the herb’s favor. According to The Washington Post, California’s full cannabis decriminalization went into effect in January 2011. The report’s positive facts proved that teenagers actually showed improvement in all of the aforementioned “risk” areas. The report continues to discuss the issue, stating that there is little evidence that supports cannabis causing social harm in the states where the herb is decriminalized. As California approaches it’s almost 20-year mark of decriminalization, it’s facts like these that will help push the state into inevitable legalization.

Medical cannabis dispensaries approved in Santa Ana

In mid-November, the Santa Ana City Council announced the approval of a plan that will shut down illegal collectives in the area in support of its recent choice to regulate medical cannabis collectives. The approved Measure BB requires a 500 foot separation between collectives and a 1,000 foot limit from schools, parks and residential neighbors. The measure also requires a five percent tax on gross receipts that may eventually be increased to 10 percent. Described as a “win-win” by Mayor Pro Tem Sal Tinajero, and with the proposed plan also aims to hire “six police officers, two community preservation inspectors, a forensic auditor and an assistant city attorney” for a total price of $1.5 million, according to the Orange County Register. The illegal collectives still operating in the city will begin to see shut downs occur after February 5, 2015, and legal collectives will be selected around the same time.

MICHIGAN

Five Michigan cities decriminalize cannabis in last month’s vote

Following last month’s voter decision, five Michigan cities (Saginaw, Oak Park, Berkley, Mt. Pleasant and Huntington Woods) all decriminalized cannabis, with four others approving the lesser enforcement of laws against patients. As of the last month, Michigan is now one of 36 states that are currently mulling over decriminalizing the herb or reducing charges for cannabis offenses, according to the Tri-County Times. Now the state can set its sights on House Bill 4623 which make the penalty fine for an ounce of cannabis reduced substantially. Some cities, such as Fenton, have moved in the opposite direction with moratoriums against medical cannabis dispensaries. Still, the case of Ter Beek v. the City of Wyoming, which CULTURE covered earlier this year, is said to be an instrumental factor in the increased desire to regulate dispensaries.

Grand Rapids court case to decide fate of cannabis rules

In 2012, 60 percent of Grand Rapids voters chose to approve an amendment, creating a city charter that allowed a civil infraction for cannabis use and possession, and prevented police from referring such cases to the Kent County prosecutor. This success allowed patients who are found breaking the law to be given tickets instead of criminal charges. Now, a battle between the Grand Rapids City Attorney Catherine Mish and Timothy McMorrow from the Prosecutor’s Office have begun regarding an amendment to that charter. Mish believes that the case is about the “right of the voter,” whereas McMorrow argues that a charter amendment violates state law. The results of the case are far from view, and there is no estimated starting date for the court of appeals to make a ruling just yet, but both sides expect that the case will eventually reach the Michigan Supreme Court.

SAN DIEGO

La Mesans vote against cannabis collective

The proposition would have imposed a 2^1/2 percent sales tax on each cannabis transaction, but because cannabis is still federally illegal, citizens are not yet convinced that the tax would be beneficial for their city. Proposition J needed a 50 percent vote to proceed, but only earned 45 percent. A total of three East County cities, which includes La Mesa, reportedly voted against medical cannabis collective in their respective areas. However, the vote was a close call regardless of the outcome this time around. The Chair of the San Diego Americans for Safe Access Terrie Best noted that almost 42 percent of constituents are in favor of the collectives, “La Mesa council members have a lot of constituents that are interested in this issue,” said Best. She also noted that although collectives didn’t win this round, there’s always hope for the future. “The issue isn’t going away. We will not hide behind the issue. Patients want to be taken seriously, and they vote.”

City Heights cannabis collective opens up in school vicinity

San Diego has seen plenty of progress, but its biggest challenge is shutting down the illegally operating collectives, and working to help open up the long-awaited state-approved locations. However, one collective in City Heights has reportedly opened in an area that many locals are complaining is too close to schools. According to an ABC 10 News article, there are three schools nearby and the area is also a residential neighborhood. As of this writing, the ABC 10 article wrote only from the perspective of the upset mothers and families in the area who stated their unhappiness towards a cannabis collective located so close to their homes. Although there was no quote in the specific collective’s defense, the news team noted that the landlord also owns a property in Mission Valley, which housed a collective, before it was recently shut down by the city. As San Diego advances further into implementing law that is safe for both patients and regular citizens, it’s essential to remember that the only protection for patients is gained from municipal law.

WASHINGTON

Seattle seeks solution for tighter regulation of access points

Recreational cannabis has grown immensely since its implementation back in July, but there are still a number of Seattle access points in a “legally gray” area, according to The Seattle Times. Apparently, only 45 of the 300 businesses on file in the city’s Finance and Administrative Services Department actually paid local business and occupation taxes last year. Unfortunately, the gray area becomes more apparent when considering the relaxed regulation and no one knows if those businesses made enough money to be required to pay taxes at all. Now, according to State Representative Chris Hurst, Seattle is actually looking to Olympia for ideas on how to solve the issues. Others say that the state needs to just enforce the laws. To start tackling the issue, Mayor Ed Murray plans to create a plan to require all access points to gain special licensing. So far, only letters have been sent out, warning that all cannabis businesses will soon encounter a higher level of enforcement of the law.

Washington’s first cannabis auction brings in $600,000

At least two representatives from the Washington Liquor Control Board were present at Washington’s first cannabis auction last month. The auctioned cannabis was planted by Fireweed Farms owner Randy Williams, in May, and harvested between September and October, and was sold for a combined total of $600,000. Bidders were allowed to smell the product, but sampling the product was forbidden. All of the cannabis was priced from a half-pound to five pounds. The reason behind the large-scale auction was that Williams aimed to “get rid of it all quick” in order to spend more time with his grandson and less time packaging the herb. Williams decided to donate the proceeds from three lots to local schools (which totaled to $14,000). The interest in the auction was so high that it’s expected to become a more common event.