June 2015 | New Nuggets

BAY AREA

Deadline for San Jose cannabis
regulations extended

San Jose is one of California’s largest cities to establish
regulations for cannabis collectives, and the current deadline for that compliance
is July 17. However, the city council decided to impose an extension for
collectives that have met most, but not all of the requirements to December 18
instead, according to Mercury News. This
may seem temporary to some, because voters will make their voices heard in the
November 2016 election whether to replace San Jose’s regulations with loose
rules (which depends on the success of the local initiatives). The new rules
limit the operation of collectives to one percent of the city’s area, with
limitations on distance from schools, parks, daycares, rehab centers,
residential areas and other collectives. Only a record 30 percent of San Jose’s
collectives have agreed to follow the new regulations, with many either closing
up shop or simply operating as normal. Even those who are complying with the new
regulations are having a hard time meeting the July deadline.

Progress on
collective regulation in Vallejo

The Vallejo City Council approached the topic of medical
cannabis collectives and spent many hours devising a plan to begin regulating
cannabis collectives. As a result, an ordinance was approved and alterations
were discussed. The ordinance would allow up to four collectives within the
city boundaries. Vallejo is still in the early phases of laying out a
regulatory foundation dividing the city into four quadrants with one collective
for each section. Uniquely, the local police would handle all aspects of
choosing the collectives that will open up shop. The usual rules also apply,
including collective owners who must submit their criminal history to
authorities, the requirement for very clear signs depicting what the collective
is, and also proper labeling of all products. Over 40 patients showed up to a
public meeting, many of whom voiced their opinions against the new regulations
and a current lack of tax. Mayor Osby Davis, who was present at that public
meeting, clarifying that although he is against recreational use, he is for
medical use, and believes that Vallejo’s new ordinance would benefit the city.

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Flick user elmimmo

COLORADO

No preliminary injunction for
cannabis quarantine

The issue of pesticides in the cannabis growing community in
Denver has escalated quickly since March, but one judge verified that the
quarantine will not come to an end just yet. Judge John Madden was requested by
Organic Greens Inc., for a preliminary injunction that would put an end to the
quarantine, according to the 9 News, but the request was denied. Organic Greens
used Eagle 20, which became “sufficient evidence that marijuana on the premises
may have been contaminated by pesticides . . . determined by the Colorado
Department of Agriculture to be a violation.” The company’s plants were put on
hold, which means they could be tended to but no product could be sold.
Colorado does not have a viable or set method to test for contaminants yet, nor
is there enough research yet for the state to determine the effects of
ingesting cannabis that has been treated with various pesticides or fungicides.

Cannabis law allows new
caregiver limits and cannabis in schools

A new medical cannabis law was passed by Colorado Governor
with two major positive additions to the state’s cannabis laws. The first
concerns caregivers, who will now be able to grow cannabis on behalf of
patients with up to 99 plants, according to The Cannabist. This
law will lead some higher volume caregivers to pay licensing fees and are
required to have a background check performed. The sponsor of the bill,
Representative Jonathan Singer, is convinced that its necessary to make caregivers
a “part of our regulatory system.” The bill will also allow school districts to
make their own decisions on allowing cannabis on campus for children. The
medicine can only be administered by a parent or someone in the medical
profession (i.e., not a school nurse or other faculty). As of this writing,
this is first time that any state has given schools the option to consider
allowing medical cannabis for kids in need.

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Flickr user mi..chael

LOS ANGELES

New cannabis
initiative in Upland could finally end collective bans

For months, the city of Upland has been working on
campaigning for a lift on the moratorium that currently bans collectives. Now a
new campaign is ramping up energy towards lifting the ban and allowing
collectives to operate again in Upland. On the same day that the new campaign
had begun, a San Bernardino Superior Court Judge denied the initiative the
right to a special election, due to limited evidence that the licensing fee was
not a tax. According to Daily Bulletin,
the measure is very similar to another initiative set for the November 2016
ballot, however, instead of a $75,000 licensing and inspection fee for
collectives, it would only cost collectives $15,000. Under the new initiative,
only three collectives would be permitted to operate. It’s too early to predict
when the city of Upland will begin the next step of the process, which is
acquiring signatures.

New Zoning ordinance
in Santa Monica allows for two collectives

A new ordinance that would better define land use within the
city of Santa Monica has been in the works for a long time. During the planning
phase, deliberation on this ordinance also included many public testimonies and
debate on whether or not to approve the long-term plan for dealing with housing
overdevelopment in the city, according to Santa
Monica Daily Press. However, a portion of the ordinance, albeit not the
focus, is the allowance of medical cannabis collectives within city limits
(previously, Santa Monica disallowed any operation of collectives but delivery
services continued to thrive). Once the ordinance reached the Santa Monica City
Council, the council members voted 7-0, a unanimous choice to pass. Amidst
conversation of a city-wide zoning ordinance for housing, Santa Monica will
soon be able to welcome collectives within its boundaries.

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Flickr user Dejah

MICHIGAN

Voters
in East Lansing approve Proposal 1

Thanks to a 65 percent vote by residents in East Lansing,
the cannabis ballot measure called Proposal 1 has been approved. Proposal 1
will eliminate penalties for possession and use of cannabis, up to one ounce,
and make it legal on private property for those over 21 years old for residents
of East Lansing, according to The
Daily Chronic. Of course, the measure doesn’t make the selling of
cannabis legal, will not apply to the Michigan State University, must still be
used in private and does not change any state laws, but it remains as a huge
win for the local cannabis community. Currently, under state law, possession of
cannabis can cost a patient up to one year in jail and a $2,000 fine. The
approval of Proposal 1 for East Lansing was exciting for many advocates, some
of whom are ready to begin immediate work on the end game, which is
legalization. “The conversation should start tomorrow with Governor Snyder and
the Legislature on a reasonable plan to legalize, tax and regulate cannabis in
Michigan,” stated Jeffrey Hank, chair of the Comprehensive Cannabis Reform
Initiative.

U.O.M. study
proves that medical cannabis doesn’t lead to drug abuse

A newly published study in the Journal of Studies on Alcohol
and Drugs concludes that those who use medical cannabis are not at risk for
drug abuse. The author and lead of the study is Associate Professor of Social
Work Brian Perron, who is currently employed at the University of Michigan
(U.O.M.). His study gathered 273 patients, all within an average age of 40
years old, and when medical cannabis was introduced to help manage chronic
pain, researchers expected that adding it to prescription medication treatment
would lead to heavier or more frequent use of alcohol or drugs, according to Healthline.com.
Over 60 percent of the patients admitted that they had taken prescription pain
medication within the past month prior, but the patients’ showed very little
difference in their use of alcohol and other drugs compared with those
receiving medical cannabis only. The effects of medical cannabis and the
possibility that it may lead to other substance use or abuse have raised
concerns in the medical world, Perron explained, “especially when people
already have access to and are taking prescription pain medications. Our study
shows that use of prescription pain meds among medical cannabis users might not
be a reliable indicator for risk . . . This is an important finding,”
Perron said.

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Flickr user Klaus Jessen

OREGON

Medical cannabis
businesses approved by Gresham City Council

The Gresham City Council came to a consensus, in a 4-3 vote,
for cannabis businesses to operate in industrial areas. Despite Oregon’s status
as a recreational state, the council approved businesses for medical cannabis
only, and their proposed legislation will not apply to recreational businesses.
According to The Oregonian, business
applications will cost $250, and an additional $5,000 once the application has
been completed and reviewed by the city. Additionally, applicants are required
to pay an annual $5,000 (all aforementioned fees are non-refundable). Gresham
residents have shown an increased acceptance of cannabis, which is a powerful
statement as the fourth largest city in the state. A recorded 51 percent of
votes for Measure 91 were made for cannabis legalization last year in Gresham.

State legislature
making progress towards cannabis regulation

Individuals who are a part of the team charged with implementing
cannabis regulation into Oregon are making new progress. After a meeting in
mid-May, State legislators revealed a proposal for a new cannabis sales tax (to
replace the current harvest tax that was originally approved by voters),
according to The Oregonian. A few
members have taken progress into the fast lane, with Senator Floyd Prozanski
(D-Eugene) who is preparing a proposal that would jumpstart medical cannabis
facilities by October 1, and Senator Ted Ferrioli (R-John Day) who is still
working on getting recreational sales to become legal on July 1 (when it will
be legal to possess, grow and gift cannabis, but not yet legal to purchase it).
A new Senate committee is hard at work with the intentions to rewrite current
Oregonian law regarding medical cannabis

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Flickr user Tommaso Galli

SAN DIEGO

Midway closes illegal collectives,
celebrates first approved collective

One of San Diego’s Districts in Midway, which allows a
limited number of cannabis collectives, has had its fair share of action over
the past year. Now, 13 months after the city announced its cooperation in
allowing legal collectives, Midway has one approved collective. Community
Services Officer David Surwilo briefly spoke at a Midway Community Planning
Group about the updates on closing illegal collectives and applications for
legal businesses, “No matter how you stand on it, marijuana is a reality in
Midway. But illegal dispensaries are still a concern, and we still have a
number of places that are operating illegally,” he stated. The illegal
collectives in Midway are slowly dwindling, but there are still more in the
area that the city intends to shut down. On the side of legality, the 15
original applications to operate a legal collective in Midway have been
narrowed down to two (a total of four are allowed to operate in total),
according to the OB Rag.

San Diego continues to crackdown on
illegal collectives

Continuing its current path on ridding San Diego County of
illegally operating cannabis collectives, San Diego has ordered the closure of
another 10 cannabis collective businesses. The collectives, whose locations
range throughout the county, did not have the proper permits, which address
common issues such as parking and location in regards to local schools and
parks. Those regulations have been effective, as defined by San Diego’s
collective regulations, since March 2014, according to KUSI News. The listed
collectives being shut down had 24 hours to cease operation. City Attorney Jan
Goldsmith has had a hand in many previous closures, and she noted in a
statement that the city will continue to work towards the closure of all
illegal collectives, “When cases on those other dispensaries are investigated
and brought to us by the San Diego Police Department or Code Enforcement
Division, we will close them down and obtain monetary sanctions,” she stated.

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Flickr user Tax Credit

WASHINGTON

Local Native American Tribes
and Washington State coordinate for legal cannabis

Only a few Native American tribes expressed an interest in
selling cannabis on their properties when it was announced that it was allowed.
Now as time has passed, a number of Native American tribes, including Warm
Springs, Suquamish and Tulalips tribes, have decided to try their knack for the
cannabis industry, and many of them want to coordinate with their local
government. Governor Jay Inslee signed an agreement which basically allows
local tribes to take part in cannabis licensing, distribution and oversight
with the implementation of proper tribal taxes. The tribes aim for organized
choices in bringing cannabis to their reservations, “For the Suquamish Tribe,
the compacting process enables us to work together to ensure that there are not
any inadvertent gaps in the regulation or enforcement of marijuana use,
possession and sale,” stated the Suquamish Tribal Chairman Leonard Forsman.

Potential bill in
Olympia could change cannabis taxes in the state

There’s a new cannabis bill on the rise, HB-2136, that would
rewrite current regulations and tax structure set up by I-502. The current
setup requires a 25 percent excise tax for all levels of the cannabis-industry between
processors, retailers and customers, according to King 5, which forces those who
work as a producer and processor to pay taxes on three separate occasions.
However, HB-2136 would instead combine cannabis taxes into a single, 37 percent
excise tax. The bill would also lift the current regulation that requires all
access points to be located at least 1,000 feet from places where children
frequent, as well as public transit centers, libraries or local arcades, and it
would also give cities the authority to allow access points. HB-2136 is
expected to make the state’s cannabis industry run smoother, allowing
businesses on all levels of the cannabis industry to actual begin making money,
“We’ve learned a lot since I-502 passed. This is an update, and a modernization
of the current initiative,” stated Representative Reuven Carlyle. All eyes are
closely watching HB-2136, although it will be some time before any decisions
will be made (the bill is currently being debated in the state Senate).

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Flickr user Praline3001

NATIONAL

Louisiana medical
cannabis bill moves to House

The Louisiana Senate made the move to pass a proposal that
would allow those who suffer from cancer, glaucoma and severe forms of cerebral
palsy, to have access to medical cannabis. This vote, which passed 22-13 and
now moves to the House, comes one year after a different medical cannabis bill
was denied. According to the Shreveport
Times, the proposal, if fully approved, would allow strict control on the
use and distribution of cannabis, with only 10 pharmacies allowed to fill
prescriptions across the state. However, the bill also states that cannabis is
not allowed to be smoked. Rather, patients could only use their medicine
through oils. Some politicians, such as Senator Dan Claitor, voiced their
disapproval prior to the vote, but did not end up opposing the bill when the
time to vote arrived.

INTERNATIONAL

Puerto Rico legalizes
medical cannabis

Governor Alejandro García Padilla of Puerto Rico, a territory of the
United States, has signed an order to immediately legalize medical cannabis.
Including Puerto Rico, the U.S. now has a total of 24 states that have
decriminalized cannabis in some form. “We’re taking a significant step in the
area of health that is fundamental to our development and quality of life. I am
sure that many patients will receive appropriate treatment that will offer them
new hope,” commented Governor Padilla in his statement on the matter. His words
went on to exhibit the importance of the health of the people of Puerto Rico,
and the overwhelming support of studies that support cannabis as a helpful
treatment for various ailments. According to Rolling Stone, the decision came as a surprise to many citizens,
and even to local advocates. Although currently there is no information
regarding any restrictions, Governor Padilla noted that a more detailed plan of
action would be presented in about three months.