MJ News for 02/10/2015

[7greeneyes]

http://www.cincinnati.com/story/new...i-area-get-marijuana-farms-proposal/23122577/

Cincinnati would become Ohio marijuana capital under proposal​

Southwest Ohio would become the marijuana-growing capital of the state – with Hamilton, Butler and Clermont counties each hosting a cannabis farm bankrolled by local celebrities – under a proposal that could go before voters as early as this fall.

The proposed constitutional amendment would legalize marijuana for recreational use by adults 21 and older and medical pot for use with a doctor's note.

Under the amendment, Ohioans would be allowed to open pot-related manufacturing plants, retail stores and medical dispensaries. But marijuana growing would be limited to 10 specified sites around the state, including the three in Cincinnati and one just north in Montgomery County. The farms would likely include structures that would allow cannabis to be grown indoors and therefore year-round.

The 'Big O,' Frank Wood bring pot to your town?

Investors in those farms -- ranging from former Bengals defensive end Frostee Rucker to Indian Hill philanthropist Barbara Gould to the "Big O" himself -- have bankrolled the campaign to legalize marijuana, leading to accusations that the ballot initiative aims to develop a "monopoly" in the state.

The sites in Hamilton, Butler and Clermont counties are currently owned by local businesses, who were approached in the last few weeks with offers from unidentified buyers. In at least two of the cases, the local businesses had no idea they might be selling land to grow marijuana until The Enquirer called them Monday.

The Hamilton County farm would be located on 24.5 acres at 8485 Broadwell Road in Anderson Township, part of Forest Hills school district. The site is owned by Broadwell Factory Group, a real-estate holding company affiliated with Evans Landscaping.

A children's gymnastics center, Gymnastics Central, is also located at the address, along with a packaging company and other commercial tenants.

Former Cincinnati Royals basketball legend Oscar Robertson and Rucker are among the investors who hope to buy the Broadwell Road site, ResponsibleOhio said.

The Butler County farm would be located on 40 acres of farmland in Middletown, northwest of the intersection of Todhunter and Yankee roads. The location is about 1.5 miles northwest of Monroe Senior High School.

Trenton-based Magnode Corp., a supplier of aluminum components, owns the land, but had been seeking to sell it for about five years.

Potential buyers include Gould, a former design consultant and a prominent donor to the arts, ResponsibleOhio said. New York City fashion designer Nanette Lepore, who grew up in Youngstown, is also an investor.

The Clermont County farm would be located in Batavia Local School district, on 13 acres of undeveloped commercial land along Winding Creek Boulevard, which is off Olive Branch-Stonelick Road between Old State Route 74 and State Route 32.

According to the Clermont County auditor's website, the land is managed by Bill Woodward, of Cincinnati Construction Management in Loveland. Woodward could not be reached for comment.

Frank Wood, the zany former WEBN radio host who has been appointed Cincinnati Mayor John Cranley's Commissioner of Fun, is among the investors seeking to buy the site, ResponsibleOhio said.

'We are not getting into the marijuana business'

In each case, unidentified buyers – the marijuana investors – offered to pay a nonrefundable downpayment on the properties. In exchange, the local businesses agreed to take them off the market for at least six months. They didn't realize the potential buyers were including the properties in a possible constitutional amendment related to marijuana legalization.

Magnode had been trying to sell the Middletown property for five years. About two weeks ago, a Columbus-based real-estate company approached Magnode, saying it had a possible buyer.

"They would not tell us who that potential buyer was, and obviously we didn't care at the time," said Martin Bidwell, Magnode's president.

Bidwell said he'd have to ask Magnode's board members whether they're comfortable selling land to a pot marijuana grower.

"If it becomes legal in the State of Ohio and I've got land that's been sitting around for 5 years, I'd probably say, 'Yes,' " he said. Still, Bidwell emphasized: "We are not getting into the marijuana business."

Evans Landscaping and Broadwell didn't know how their buyer planned to use the Anderson Township site either.

"If marijuana growing would become legal, and if that use would be permitted at that site, Evans or any of our affiliates would have zero to do with that," said Zach Peterson, an attorney for Evans Landscaping. "The building would be sold, and the site would be sold, and we'd have no involvement with it whatsoever."

Opponents: Next step, 'whorehouses'?

Even with possible farms lined up, the marijuana-legalization advocates have a long journey to the November ballot. The group first needs to gather 1,000 signatures – it started with a drive in Cincinnati on Monday – then receive cursory approval of its ballot language by Ohio Attorney General Mike DeWine and the Ohio Ballot Board.

Then, the group would need another 306,000 signatures by the start of July – likely many more, to account for the typical invalidation of a number of signatures.

Anti-drug groups and Ohio's statewide elected officials have already come out against the proposal, both because they think weed is dangerous and because the proposal writes the growers into the constitution.

"What will we have next, 12 monopolies for whorehouses in the 12 largest counties? It's outrageous," Auditor Dave Yost said last month.

Controlling the number of marijuana growers will allow Ohio to guarantee the safety of its pot, said Chris Stock, an attorney serving as a consultant for ResponsibleOhio.

"If you follow the examples of some of these other states that haven't regulated it tightly, what you will see is there has been slippage. It allows the black market and the gray markets to continue to thrive," Stock said. "We've got to keep the raw materials under lock and key."

An independent commission would take away the licenses of any of the 10 growers and invite more farms to produce cannabis if demand became too great, Stock said.

Legalizing and regulating pot will allow law enforcement officers to focus on problems such as the heroin trade or even underage use of weed, Stock said.

"You'd better believe there's going to be a 'tough on crime' element as it relates to anyone under the age of 21. It's the expenses that are related to marijuana use by those over the age of 21 that's clogging the law enforcement system," he said.

Still, Hamilton County Commissioner Greg Hartmann said he's worried legalization could increase marijuana use, especially among young people. A federal study found use by people of all ages did increase in Colorado following legalization there, but a study in the Journal of Adolescent Health last year found use among teens has not increased in states where it's legal.

In both cases, however, researchers said the period of study is so small that results could change in coming years. Hartmann said the risk is too great.

Clermont County Sheriff Tim Rodenberg is taking a more measured approach.

"We'll live with it. I'm not going to be a proponent of it, though," Clermont County Sheriff Tim Rodenberg said. "It will be up to the voters. ... There can be a lot of collateral damage that voters need to think about."

 

[7greeneyes]

http://www.burlingtonfreepress.com/...nders-head-colorado-marijuana-study/23093365/

‘Fact finders’ head to Colorado for marijuana study​

SOUTH BURLINGTON – Snow swirled in Chittenden County on Sunday as a team of nine “fact finders” prepared to depart for a much warmer Colorado to study the effects of marijuana legalization in that state.

The delegation flew out of Burlington International Airport on Sunday, and they will begin their fact-finding mission on Monday. Vermont Public Safety Commissioner Keith Flynn and Chittenden County State’s Attorney T.J. Donovan held a press conference at the airport on Sunday before flying out.

In addition to Flynn and Donovan, the group includes Assistant U.S. Attorney Bill Darrow; Jake Perkinson of the Champlain Valley Dispensary; Executive Director of the Burlington Boys and Girls Club Mary Alice McKenzie; Lobbyist David Mickenberg of the Marijuana Policy Project; Maple Leaf Farm Treatment Facility Executive Director Bill Young; Rutland County Sheriff Steve Benard; and Bennington Police Chief Paul Doucette.

The group plans to meet with a range of people while in Colorado, including law enforcement officials, members of the Colorado governor’s staff, school personnel and the U.S. attorney in Denver. They’ll also tour a marijuana growing operation and a store selling marijuana products.

The fact finders will head back to Vermont on Wednesday. The study comes after a marijuana legalization bill was introduced to the Legislature.

Flynn said the group has its work cut out for it over the three days, collecting information around legalization aspects such as public safety, marketing models and taxation. Donovan said the group does not plan to test marijuana while there.

“Although we have a really robust agenda while we’re out there, and a really packed itinerary, I’m looking forward to just talking to people on the street,” Flynn said. “I want to find out how it’s affecting real Colorado people ... I think that’s going to be the most valuable thing.”

Taxpayers will not be paying for the delegation’s trip, Donovan said. While some of the group’s members are paying their own way, Flynn said most of the public safety representatives will have their trips paid for by asset forfeiture money — money seized from drug dealers.

A study conducted by the Rand Corp. released in mid-January found that if Vermont chooses to lead the region on marijuana, state officials must step into a “fog of uncertainties” about public safety, taxes and tourism. However, the study also concluded that if marijuana was legalized, taxes on the product could, in theory, generate between $20 million and $75 million a year.

The 218-page report made no recommendation as to whether Vermont should legalize marijuana.

Flynn said the Rand report was helpful, but the trip will provide more of a “boots on the ground” account.

“That’s the information that Vermonters need,” Flynn said.

Both Donovan and Flynn said they will be going into the trip with open minds, and they are not leaning toward a particular side on the issue.

“My concerns surround if legalization caused an increase in use among kids, and how do you ensure traffic safety when you can’t really test for marijuana like alcohol on our highways,” Donovan said. “That’s a big issue, and it affects everyone.”

The group includes a “diverse” set of advocates both for and against marijuana legalization.

“I think the important thing is to see what you see and use some objectivity,” Flynn said. “If you go out there with the purpose that you’ll come back with facts, not facts mixed with opinion, I think there’s going to be a lot of value to that.”

Upon return, Flynn said he hopes the group will be able to meet and combine their experience before bringing the facts to the Legislature.

“I don’t expect us to come back with a consensus on any one view,” Flynn said.

 

[7greeneyes]

http://www.huffingtonpost.com/2015/02/09/jamaica-marijuana-decriminalization_n_6647676.html

Jamaican Senate Says Yes To Marijuana On Bob Marley's Birthday​

Jamaica took one step closer to decriminalizing marijuana and it couldn't have happened on a more fitting day -- the birthday of Jamaican reggae superstar Bob Marley, whose public embrace of cannabis made him nearly synonymous with the culture of the plant.

On Friday, the Jamaican Senate passed a bill to decriminalize marijuana for medical, religious and scientific purposes. The bill, which would amend the country's Dangerous Drugs Act, would reduce possession of two ounces or less of marijuana for personal use to a ticketable offense, rather than a criminal one. Cultivation of up to five plants would be permitted. Under current Jamaican law, marijuana possession charges can lead to as much as five years in prison and a fine.

Registered health professionals would also be able to prescribe cannabis for various ailments, and accredited institutions could conduct scientific research with the plant. For the first time, Rastafarians -- members of a spiritual movement founded on the island that sees cannabis use as a sacrament -- would be able to legally smoke the substance for religious purposes, according to the Jamaica Information Service.

"The objective is to provide a more enlightened approach to dealing with possession of small quantities and smoking, while still meeting the ends of justice," wrote Jamaican Minister of Justice Mark Goldberg when he announced the measure last year. "The proposed changes represent an approach which will enure to the benefit of the persons concerned and the society as a whole, and reduce the burdens on the court system."

The country's House of Representatives must still review and vote on the bill, the Jamaica Gleaner reported, but it is supported by Prime Minister Portia Simpson-Miller and is expected to pass.

Friday marked what would have been Marley's 70th birthday. Marley, who died in 1981 from cancer at age 36, was popular worldwide with such hits as "Exodus," "I Shot the Sheriff" and "Jammin'." He used cannabis as part of his Rastafarian religious beliefs, which held that smoking marijuana was a natural, positive part of life that helped one's spiritual growth.

The official Marley website describes the musician as "a staunch supporter of the plant’s meditational, spiritual and healing abilities, and a fierce opponent to those ('political forces') who tried using marijuana as a vehicle for oppression, and to keep certain groups of people out of the societal mainstream."

"Herb, herb is a plant," Marley said in an interview from the late 1970s. "I mean herbs are good for everything. Why, why these people who want to do so much good for everyone, who call themselves governments and this and that. Why them say you must not use the herb? Them just say, 'No, you mustn't use it, you mustn't use it because it will make you rebel.' Against what?" Marley said.

In an interview with Quartz about his father's birthday, Ziggy Marley said the late musician's message was more than just "love and peace and smoke weed."

"Bob was a revolutionary. He was a person who wanted social justice in a real sense, in a real physical sense," Ziggy Marley said.

Bob Marley's family is working to make marijuana more broadly accepted. In 2014, the family joined with a private equity firm to launch the first global consumer marijuana brand, "Marley Natural."

 

[7greeneyes]

http://www.mlive.com/news/grand-rapids/index.ssf/2015/02/marijuana_leaves_legal_experts.html

(Michigan) Marijuana leaves legal experts confused, looking to state Supreme Court to clear the haze​

GRAND RAPIDS, MI - You don't have to be stoned to have trouble understanding the hazy tapestry of laws and ordinances governing marijuana in Michigan.

Not that long ago, understanding marijuana law was easy. It was illegal and possessing it could land a first-time offender in jail for anywhere from 93 days to one year.

Now, someone pulled over by police on Grand Rapids' S-curve with marijuana in the car could face a spectrum of consequences depending on whether the cop is a Grand Rapids Police officer or a Michigan State Police trooper, and whether the driver has a Michigan medical marijuana card and if the card holder has the marijuana in the trunk or in the glove box.

Defense attorneys like Bruce Block, marijuana advocates, law enforcement and prosecutors like William Forsyth agree that following the law is a challenge for everyone - those seeking to enforce it as well as those seeking to adhere to it.

Grand Rapids passed its own ordinance changing possession of marijuana from a misdemeanor crime to a civil infraction.

But that law is now headed to the state Supreme Court because Kent County Prosecutor William Forsyth says the local ordinance cannot co-exist with a state law that calls for possession to be a crime punishable by jail.

Forsyth said he would be in favor of a law that would make first-time possession a civil infraction but he says that law needs to come from the state Legislature, not a mish-mash of local ordinances.

"Charitably speaking, marijuana laws are confusing and inconsistent," Forsyth said.

Meanwhile, Kent County continues to aggressively prosecute people accused of violating Michigan's Medical Marijuana Act, an act so popular it passed in every county in Michigan but still has resulted in jail for those who say they honestly tried to follow it, including four employees of the Kent County Sheriff's Department.

It is hoped that the Michigan Supreme Court will clear up conflicting decisions coming out of the circuit and appeals court as it considers three cases expected to define whether people can use the Medical Marijuana Act as a defense against criminal prosecution.

These cases are seen as central to whether the Michigan Medical Marijuana Act has any real value at all when it comes to allowing people to possess marijuana. If the Michigan Supreme Court reverses the lower court ruling, dozens of convictions could be affected.

"You have people doing everything they can - but he law is a moving target," Block said. "Just give us some rules we can follow."

It is an area where the defense attorney and the county prosecutor agree.
"If you are legitimately trying to comply with the Michigan Medical Marijuana Act, it's not easy to do," Forsyth said.

Judges and law enforcement say the problems stem from a poorly-worded ballot initiative passed in 2008.

"Portions of the law are so poorly drafted and vaguely written that no one can easily determine a meaning," Forsyth says. "Unfortunately, its vagueness also provides a shield for those who attempt to use it as a means to engage in illegal marijuana trafficking."

Block says the problem is not with the law, but with law enforcement opposed to the very idea of legal marijuana use.

"I don't think the act was very complex. It was pretty plain English," said Block, who represents one of the former officers charged with violating the law. "The Court of Appeals just made a mess of it."

Block says the will of the people in overwhelmingly passing the law is being ignored by police and prosecutors. Forsyth says his job is to enforce the law as it exists, whether or not he agrees with it.

The ruling by the state Supreme Court, likely to come this summer, is also awaited by city officials who are wondering how to address medical marijuana in their municipalities.

Wyoming had its restrictive medical marijuana provision struck down by the state Supreme Court last year and has not put anything new in its place until it can receive direction from the court.

"Let's see how it all sorts out," said Wyoming City Attorney Jack Sluiter, adding that currently marijuana dispensaries are simply illegal in Wyoming until further notice.

But all of these legal wranglings could be solved in one fell swoop if voters here passed a provision like those in Colorado and the state of Washington, essentially legalizing marijuana.

It is an idea opposed by Forsyth, who said legalization would open a Pandora's Box of problems.

But it is seen as inevitable by Block, who said the wave of public sentiment is clearly moving in the direction of legalization, especially among younger voters.

"The legal climate has not followed the will of 'we, the people,'" Block said. "There's no doubt in my mind the genie's out of the bottle."

The idea is opposed by Forsyth, who said Grand Rapids has already seen an increase in home robberies where people are growing marijuana in conformity with the ordinance. He says legalization would create a new set of problems for society and law enforcement.

An EPIC-MRI poll of Michiganders in December showed 50 percent of Michigan voters would be likely to support a future ballot proposal to legalize the possession or cultivation of marijuana by adults 21 years of age or older, and allow taxable sales at state-licensed stores.

That favorable number rises to 69 percent with respondents between the age of 18 and 34. Democratic men were the group most in favor at 70 percent, followed by independent men at 56 percent and Democratic women at 55 percent. The poll also found that 39 percent of Republican women were in favor, which is slightly higher than the 35 percent support among Republican men.

For what it's worth, the pro-marijuana publication High Times listed Michigan as one of eight states most likely to legalize marijuana next.

But currently, there is no serious push to put the question of legalization on the statewide ballot and pro-legalization groups seem more focused on a "city-by-city" approach.

"It's just like Prohibition in the 1930s. It's not a question of if, it's a question of when," Block said. "You can't hold back the tide."

 

[7greeneyes]

http://www.channel3000.com/news/Leg...xed-reviews-in-Colorado-s-first-year/31184490

Legalized marijuana gets mixed reviews in Colorado’s first year​

Denver - Fourteen months after Colorado became the first state in the nation to legalize the growing and selling of recreational and medical marijuana, the debate continues on whether it is successful.

“Colorado really demonstrated to the rest of the country and the rest of the world that you can regulate marijuana, and it works,” said Mason Tvert, director of communications for the Marijuana Policy Project.

Proponents of the legalization of recreational marijuana point to the control it gives the government over how marijuana is grown, who grows it and how it is sold.

“Hundreds of millions of dollars in marijuana sales are taking place in licensed businesses instead of the underground market, and it generates tens of millions of dollars in revenues for the state and the localities in new revenue, and it is creating thousands of new jobs,” Tvert said.

The state of Colorado has established a regulatory agency that oversees the growing and selling of marijuana. Every marijuana plant is tracked from seed to sale.

“We hope to grow 7,000 pounds of marijuana this year, and we’ll probably sell all of it,” said Sally Vander Veer, controller for Medicine Man, a grower and seller of marijuana in Colorado. “We’ve broken sales figures from January all the way through December. In fact, in December, we had our first million dollar month.”

With grow operations and dispensaries opening throughout the state, sales in 2014 reached into the hundreds of millions of dollars.

“About $700 million in the market, which by the way generated about $60 to $70 million in taxes for the state, $40 million of which went to education,” said Joe Hodas, chief marketing officer for Dixie Elixir.

Colorado voters targeted a marijuana excise tax to help fund the construction of new schools in the state. The marijuana excise tax is managed by the Building Excellent Schools Today grant program. The grant program is funded by four sources, the State Land Trust, Colorado Lottery Spillover funds, Marijuana Excise Tax and interest.

Currently, of the $385 million in the grant program, Marijuana Excise Tax funds represent less than one percent.

“We haven’t seen a dime, at least not directly that I’m aware of,” said Michael Lynch, director of secondary schools for the Adams 50 School District.

Adams 50 does not have any school construction projects at this time.

Adams 50, like other schools in Colorado took a proactive approach to greater access to marijuana in the community. They created a public awareness campaign asking parents to talk with their children about marijuana.

“Our first concern was just the abundance of it,” Lynch said.

Three months into the legalization of recreational marijuana, three students were arrested and suspended from Shaw Middle School in the Adams 50 School District for bringing edible marijuana to school. Edible marijuana is difficult for teachers and administrators to detect, because it looks like candy and cookies. After the student ingests the marijuana, teachers notice the behavior changes.

Proponents of the legalization of marijuana for recreational use point to the fact the law is written to make it illegal for anyone under the age of 21 to possess it.

“We want to prevent teen marijuana use, regardless of whether it is legal for adults, but you don’t have to arrest hundreds of thousands of otherwise law abiding adults for using marijuana to try to prevent teens from doing it,” Tvert said. “Right now, our federal government even says that marijuana is available to people of all ages and so the question is do we want to actually try to control it or do we want to just leave it to the underground market, which is really what this country has been doing for decades.”

Opponents of the legalization, however, point to the National Survey on Drug Use and Health Survey as an indicator of marijuana use by teens in Colorado.

“We also know that Colorado is now, this was a federal study that just came out, shows Colorado has the second highest use of marijuana for those 12 years and older,” said Gina Carbone, founder of Smart Colorado. “This is a generation of young people growing up thinking that recreational marijuana use is an acceptable recreational activity.”

 

[7greeneyes]

http://dailycaller.com/2015/02/09/dc-council-threatened-with-jail-time-for-discussing-marijuana/

DC Council Threatened With Jail Time For Discussing Marijuana​

The D.C. City Council has been blocked from using local funds to develop a regulatory framework for marijuana and has abandoned plans to hold a marijuana hearing on Monday, owing to threats of jail time and fines from the D.C. Attorney General.

According to D.C. Attorney General Karl A. Racine, holding meetings on marijuana “would violate federal civil and criminal code provisions,” The Washington Post reports.

Voters in D.C. were ecstatic when the ballot measure to legalize marijuana passed with flying colors in November of last year, but that excitement soon died down as Congress quickly moved in December to prevent the city from using any funds to implement a regulatory framework through a spending deal, meaning that for now, the measure is suspended in the air.

The battle between Congress and the council will continue to develop throughout February. On Friday, Michael Botticelli, acting director of the White House Office of National Drug Control Policy and District of Columbia resident, added more fuel to the fire, although he didn’t explicitly come out in favor of legalization.

“I do agree with our own ability to spend our money the way that we want to,” he stated, referring to the language the White House included in the recent budget which subtly removes the prohibition on the Washington, D.C. City Council’s use of local funds to establish a framework for the sale and distribution of marijuana.

“What he said really toed the line, but he still found a way to support what’s going on in DC,” Leslie Bocskor, managing partner of Electrum Partners, told The Daily Caller News Foundation.

Botticelli is expected to be confirmed as U.S. drug czar on Monday by the Senate at 5:30 p.m., and according to the law, the czar must oppose marijuana.

“The drug czar’s support for local legalization in the nation’s capital is both surprising and welcome,” Tom Angell, chairman of the Marijuana Majority, told TheDCNF. “Even if he personally disagrees with ending prohibition, it’s great to see the head of this office in particular saying that he thinks the federal government shouldn’t stand in the way of the huge majority of D.C. voters who want a new direction for marijuana policy.”

Boticelli’s remarks follow a recent slew of officials from the Obama administration coming out in qualified support of marijuana. Earlier last week, U.S. Surgeon General Dr. Vivek Murthy argued that marijuana has definite medicinal value and that recent findings showing the effectiveness of medical cannabis in treating conditions and symptoms may soon prompt a switch in federal policy.

“Politicians are slowly beginning to embrace the will of their constituents on this issue, including members of President Obama’s administration,” Erik Altieri, National Organization for the Reform of Marijuana Laws communications director, told TheDCNF. “With over 50% of Americans supporting marijuana legalization and over 70% of members of President Obama’s own party this recalibration only makes political and practical sense.”

Although the council discarded plans to continue with the 10 a.m. hearing on Monday, Democratic Council Chairman Phil Mendelson stated that the council will soon hold an informal roundtable discussion in order to avoid being charged with contempt of Congress. Now that the council is somewhat stifled, the main battle will occur between the Obama administration and the Republican-dominated Congress over budget language.

“Does the existing Republican Party believe that there’s a win to be had here that can affect them positively in the long run, or is this just an ideological battle by certain members who think that the battle is a worthwhile victory?” Bocskor told TheDCNF. “My opinion is that Republicans will not choose to die on this particular hill—especially given that the Obama administration continues to find ways to push back against Republicans on this issue.”

But others were skeptical of placing too much confidence in the Republicans ultimately backing down prior to seeing the political landscape unfold in Congress.

“Exactly how Republicans, particularly the more socially conservative members on the House side, will react is anyone’s guess,” Altieri told TheDCNF. “Any member is able to introduce amendments and riders to appropriations bills, so while it is possible for them to reintroduce language similar to the Harris rider to continue to stymie DC’s efforts to regulate cannabis commerce, there doesn’t seem to be any widespread appetite to see that happen.”

 

[7greeneyes]

http://blog.sfgate.com/smellthetrut...-court-against-berkeley-marijuana-dispensary/

Feds lose in court against Berkeley marijuana dispensary​

Major Berkeley medical cannabis dispensary Berkeley Patients Group notched another win against federal authorities in court Friday when a Federal judge sided with the City of Berkeley in its efforts to keep the dispensary open.

The dispensary will now remain open while the courts decide whether the City of Berkeley has the legal standing to defend the club in court against federal prosecutors.

In May 2013, United States Attorney Melinda Haag moved to seize the state’s oldest, most respected legal cannabis dispensary as part of a broad crackdown on state-legal canna-businesses. But the property owner and the City of Berkeley sued to block the forfeiture. The City argues that it would suffer irreparable harm if the case were allowed to proceed to conclusion without City participation.

In the Fall, a judge dismissed Berkeley’s claim, saying it had no standing in the case. But Berkeley appealed, and sought a stay of forfeiture pending the outcome of the appeal.

During Friday’s hearing, prosecutors argued against the stay in favor of seizing BPG, but Judge Jon S. Tigar rejected prosecution’s arguments, writing that higher courts could still rule the City of Berkeley has standing and that “district courts should recognize the public interest reflected in a properly enacted local ordinance.”

All the key factors in the case support a stay, Judge Tigar wrote, and “Berkeley’s Motion to Stay is granted.”

The case will remain on hold until the Ninth Circuit decides whether Berkeley has standing.

BPG’s leadership does not understand why U.S. Attorney Haag is defying orders from the White House as well as Congressional law mandating she do something more useful with her time and resources.

“We’re still surprised given the recent change in the climate surrounding medical cannabis in California that the attorney is being relentless in her fight,” said Victor Pinho, for BPG. “We are emboldened by this judgement and we reaffirm our commitment to our patients and reaffirm our commitment to fighting the good cause of making sure every one who needs access has proper access.”

“We are hopeful that Congress will act quickly to resolve the split between state and Federal marijuana laws by passing bills like Congresswoman Lee’s proposed H.R. 262″ said Tim Schick, Berkeley Patients Group’s Executive Director, referencing the States’ Medical Marijuana Property Rights Protection Act introduced on January 9. “In the meantime,” he added, “we look forward to continuing to serve our local patient population.”

BPG was founded in 1999, and became an international model for safe access to medical cannabis. The City of Berkeley celebrated BPG Day in 2009 and again in 2014. Ms. Haag said she was using her discretion to seize BPG because it was too close to a pre-school. Mayor Tom Bates disputes that claim.

 

[7greeneyes]

http://news.nationalpost.com/2015/0...eks-franchisees-to-grow-his-marijuana-empire/

(Canada) The Tim Hortons of cannabis: 63-year-old ‘king’ seeks franchisees to grow his marijuana empire​

VANCOUVER — This city has its own Prince of Pot, cannabis promoter Marc Emery. But he’s minor royalty next to Don Briere. Or Donald Joseph Briere, as he’s known inside the Canadian justice and penal systems. He was once this country’s most prolific marijuana producer and distributor, with 33 illegal growing operations hidden across B.C.

In the late 1990s, before an informant ratted them out to police, Mr. Briere and his cohorts were growing and selling two tonnes of pot annually. “That’s a lot of weed,” he laughs. “We were outlaws. My share was $5-million a year.”

He made B.C. bud famous. And he paid a price. Mr. Briere was convicted in 2001 on charges that included drug cultivation, possession for the purpose of trafficking and possession of a prohibited firearm. He was sentenced to four years in prison. While on parole in 2004, he was busted again, this time for running an illegal marijuana shop on Vancouver’s hipster high street, Commercial Drive. For that blatant infraction, he was convicted and sentenced to another 2.5 years behind bars.

Mr. Briere is now 63, and with all the legal hassles and two heart attacks behind him, one might think he’d have retirement in mind. Far from it. The irrepressible pot impresario is back in the marijuana trade, making his mark in retail.

He’s selling potent cannabis products from a chain of eight stores he has opened — and has managed to keep open, despite admitting he sells his product for “recreational” use — over the past 20 months in Vancouver. Weeds Glass and Gifts does a brisk business.

He’s got six more shops on the way, including new outlets in Surrey, North Vancouver, Whistler and Sechelt, a vacation paradise just up the coast. Mr. Briere says he’s also looking at potential stores in Toronto and Montreal.

These aren’t dimly lit backrooms where shifty-eyed dealers slip greasy dime bags into the pockets of nervous adolescents. Business is conducted openly, inside shops on busy streets. They have regular store hours. Mr. Briere compares his Weeds outlets to Tim Hortons Inc., the ubiquitous doughnut and coffee provider. The products are fresh and plentiful. The quality is consistent, and so, he hopes, is the customer experience.

He’s hired a full-time accountant, and recently took on a young Vancouver lawyer, Ian Ramage, who now serves as the chain’s vice-president of operations and in-house counsel.

On a recent morning visit to Mr. Briere’s flagship store in downtown Vancouver, customers selected bags of dried marijuana and edible cannabis products from dozens of trays. One fellow paid $5 for a heavy hit of highly concentrated cannabis oil, served from the store’s “dabber bar.” In the back office, Mr. Briere used a microscope to examine new product. “Quality control,” he explained.

Officially, Weeds sells marijuana to people with medical needs only. Customers are required to obtain a membership card; for that, they must produce a note from a qualified health service provider, confirming they have a legitimate ailment — from multiple sclerosis to insomnia to headaches — that might be soothed with cannabis. Weeds employees will refer potential, non-card holding customers aged 19 or older to a local naturopath.

Weeds doesn’t yet own the local market; competition is fierce in Vancouver. There are now 61 so-called medical marijuana dispensaries in the city, according to the Vancouver Police Department, with more opening all the time. Medical marijuana is astonishingly popular, in a city reputed to be a fitness and health leader.

Three years ago, there were just a few dispensaries in Vancouver, and maybe a handful of others in the rest of Canada, says Jamie Shaw, president of the Canadian Association of Medical Cannabis Dispensaries, an organization that promotes and aims to regulate the sale of cannabis for medical purposes. Now there are approximately 100 across the country. “There’s been really crazy growth in the last year or two,” she says. “The only thing they have in common is they all dispense cannabis. Some are non-profit and some aren’t.”

None of the Vancouver dispensaries have been issued city business permits. It’s a curious situation: Unlicensed, unregulated marijuana stores operate throughout the city, but few people — aside from prohibitionists, of whom there are almost none anymore — seem concerned.

VPD spokesman Sergeant Randy Fincham says the city takes a “a priority-based approach” to marijuana. VPD officers know where all the pot shops are and they make regular visits, but they won’t consider disturbing an operation unless there’s a complaint made and public safety is at risk. For example, police will intervene if a store sells marijuana to minors, or is deemed unsanitary. Inspectors from Vancouver Coastal Health, the local health authority, and the Vancouver Fire Department also make regular visits to the unlicensed stores.

“We don’t call them dispensaries,” says Sergeant Fincham, acknowledging that the term is, for many outlets, a semantic manoeuvre.

Mr. Briere acknowledges that some customers have no medical use for his marijuana, and he agrees that his stores aren’t all about health care. “Of course not,” he says. “We’re setting this up to be recreational, full on recreational.”

Besides, he says, marijuana “is far safer as a recreational drug than anything that’s out there. I don’t know anybody who smokes a joint and commits suicide.”

It’s not the most alluring sales pitch, but Mr. Briere has a dozen more pro-pot arguments, and they boil down to these three: Times have changed; marijuana is no longer considered the devil’s weed; enforcing cannabis laws is a huge waste of money.

Making a profit is not his main objective, he insists. But he’s in serious expansion mode, and he’s looking for equity partners. Mr. Briere owns three of the Weeds stores outright and he maintains a minimum 50% stake in the other “franchises.”

All that’s required to partner up in a Weeds outlet is a capital investment of at least $40,000, a good location and a willing landlord. Mr. Briere says he’ll look after the access to product. He supplies his stores with marijuana from local growers, folks with Health Canada-issued personal production licences and other licensed producers, of whom there are thousands in B.C. alone.

The federal government introduced new rules last year in an effort to restrict all marijuana production to a small number of highly regulated, closely inspected grow facilities. But a constitutional challenge launched by personal production licence holders has led to a temporary court injunction, and pending court decisions, which means that for now, small-time growers will continue to supply Mr. Briere and others with their marijuana.

It’s not how the old system was meant to work, and it could end some day. The supply might dry up. Mr. Briere says he’ll be ready. “I plan to start growing this summer,” says the undisputed King of Cannabis.

 

[7greeneyes]

http://blog.sfgate.com/smellthetruth/2015/02/09/southern-california-cannabis-cup-2015-winners/

Southern California Cannabis Cup 2015: Winners​

The Grammys weren’t the only awards ceremony over the weekend, as legendary counterculture magazine High Times opened up its annual series of Cannabis Cup events in Southern California.

So Cal’s finest glassware, flowers, and extracts were celebrated in the first of six domestic cup events scheduled this year. As the cannabis industries of vaporizers, concentrates, and medical products have grown exponentially over the years, so too has the amount of awards handed out in this year’s celebration.

The event kicks off Cup Season, with five more Cups slated for Denver, San Francisco, Portland, Michigan, and Seattle.

Check out the complete list of winners from the 2015 So Cal Medical Cannabis Cup, then head over to High Times to see all the pretty pictures.

Best Hybrid Flower

1st Place – Wellness OG by The W.E.E.D. in Studio City

2nd Place – Orange Cookies by TLC Collective

3rd Place – 2010 Grizzly Genetics by Grizzly Genetics in collaboration with Patients Premium Collective

Best Indica Flower

1st Place – Kosher Kush by Greenwolf LA with Kush Company

2nd Place – Lorax OG by Lorax Labs from CannaSutra Collective

3rd Place – Dr. K’s Paris OG Kush by Cali Natural Collective

Best Sativa Flower

1st Place – Mango Tango by Elemental Seeds

2nd Place – Loud Berry Flower by Loud Seeds SL

3rd Place – Tangie by Dr. Greenthumb

Best CBD Flower

1st Place – V.C.D.C. from Moxie Seeds & Extracts

2nd Place – Vitamin CBD from Growers Guild

3rd Place – Vegan Buddha Milagro from Greenwolf LA with Vegan Buddha

Best Non-Solvent Hash

1st Place – Blissful Wizard by Incognigrow Farms

2nd Place - Cookies and Cream Cubantech Drysift by Exotic Genetix

3rd Place – Gluekie Monster Fresh Frozen Whole Plant True 73u (micron) by Trichome Heavy Extracts in collaboration with The Source Genetics

Best Sativa Concentrate

1st Place – Red Dragon Budder by Dabblicious Extracts

2nd Place – Space Jack by Apothecary Collective in collaboration with Imperial Extracts

3rd Place - Pineapple Lemonade Live Resin by Greenwolf LA with Loud Pack Extractions and Dabblicious

Best Indica Concentrate

1st Place – Lemon Walker OG by Gold Coast Extracts

2nd Place - Lemon Walker OG Budder by Gold Coast Collection

3rd Place – Crown OG Nug Run by Pissing Excellence

Best Hybrid Concentrate

1st Place – Lemon Bananas Budder by Dabblicious Extracts

2nd Place – Banangie Kosher by Greenwolf LA with Dabblicious

3rd Place – Lemon Cookies by Moxie Seeds & Extracts

Best CBD Concentrate

1st Place – Ringo’s Gift Super CBD Premium CO2 Oil by POP Naturals with WCHC

2nd Place – Ringo’s Gift #3 by Greenwolf LA with Loud Pack Extracts

3rd Place – CBD Simple CO2 Extractor by Cannavest

Best Booth

1st Place – Vader Extracts

2nd Place – B-Real / Dr. Greenthumb

3rd Place – Apothecary 420

Best Product

1st Place - Bongdom by Vader Extracts

2nd Place - Kingpen by Greenwolf LA

3rd Place - Kurupt’s Moonrocks by Kurupt’s Moonrock

Best Glass

1st Place – Vaderade By Evol Glass

2nd Place – Nexus Glass Halo by Nexus Glass

3rd Place – Platinum Barrel Recycler by Pulse Glass x Big Pizzle

Best Vaporizer

1st Place - 710KingPen by Kingpen & Greenwolf LA

2nd Place - CloudV by CloudV

3rd Place - OG Pen by Moxie Seeds & Extracts

Best Topical

1st Place – Honey Pot Bear Balm by Pure Joy Collective

2nd Place - Om Edibles Medicated Lavender Epsom Salts by Om Grown All Female Collective

3rd Place - Sextiva Vaginal Sexual Enhancement Oil by Innovative Extractions

Best Edible

1st Place – Reef Jerky by Badfish Extracts & Healthy Healing

2nd Place - Crème Brûlée 50 mg by Beezle’s Creamery with Beezle Extracts

3rd Place – Cali High Thai’d Ice Cream by Beezle’s Creamery

Best CBD Edible

1st Place – 350 mg CBD Fresh Mint Breath Spray by Bhang Chocolate

2nd Place – Canapa CBD Pizza Sauce 120 mg by Summit Health Remedies

3rd Place – B.A.M.F. CBD Bar by The W.E.E.D. Studio City

 

[7greeneyes]

http://www.mainstreet.com/article/l...-based-personal-lubricants-expands-operations

Cannabis-Based Personal Lubricant Company Foria Expands​

NEW YORK (MainStreet) — Foria, maker of the first marijuana-infused personal lubricant (marketed mostly towards women), has begun to establish a footprint in two states - its home base in California and now in Colorado.

The topically applied product was described to MainStreet by Foria's communication director Anne Walters "a natural sensual enhancement product for women made with cannabis and liquid coconut oil."

"Women who have used Foria report experiences that include more intense orgasms, easier access to orgasm, heightened sensitivity, relief from pain and deep relaxation," Walters added.

Research on sexual arousal and cannabinoids is limited, due to the federal designation of cannabinoids as Schedule I drugs. That said, Walters is bullish on the prospect that this product offering will attract further curiosity.

"We hope that Foria will help catalyze more interest and research into this topic," Walters said. "We do know that the cannabinoid system is involved in heightened tactile sensations and general euphoria and that cannabis contributes to reduced inflammation and improved blood flow."

The company has also started receiving inquiries globally from both men and women as well as researchers and sex therapists.

In addition to being an interesting new addition to a market that so far does not seem to have many regulations in terms of consumption, it crosses into new waters in terms of product diversification. It is not an "edible," for example, even though the THC is absorbed in this case via the mucous membrane. That said, it is more regulated anyway because of its origin. In California, consumers are also required to obtain a doctor's prescription to buy the product. In Colorado, it is now available to both "medical" as well as "recreational" consumers.

Foria is also exhibiting smart business practices in terms of its market expansion. In entering the Colorado market, the company can still build on their "medical" reputation while entering the vibrant recreational vertical in state. Presumably Foria will thus gain more of an audience with straight and gay male customers as a result. This in turn will be a boon to sales in the company's home base of California after recreational use becomes legal (widely expected in 2016).

However it is the appeal to the distinctively "pink" part of the cannabis market that is also attracting attention. According to Matt Karnes of cannabis market research firm Green Wave Advisors, the women's market represents a huge and untapped demographic segment of the green rush.

"We estimate that approximately 30 to 35% of medical marijuana cardholders are female," he said. "Female recreational users are more difficult to quantify because there are no known customer statistics."

A two-state presence also means Foria can begin to build brand name and customer loyalty in emerging medical and recreational markets across the country (including Oregon, Alaska and presumably, the District of Columbia). This is one of the reasons that the business model of Washington State's current "recreational only" focus may in fact turn off established medical companies, particularly out of California.

Entering new markets and setting up entirely new cannabis acquisition or grow facilities (as companies like Foria and GFarmalabs must) in each state market they enter is expensive and increasingly so. The bifurcated legal market structure of Colorado, along with its now year-old regulatory structure for both medical and recreational marijuana may see more market entrants like Foria as a result.