An Invaluable Lesson

SB 443 would have prevented police from keeping any property seized under asset forfeiture law if there was no conviction. As it stands now up to 80% of people whose property is seized under asset forfeiture laws are never even charged with a crime let alone convicted.

 
It is such a reasonable and fair proposition that the bill sailed through the California Senate 38 – 1 (the only Senator opposing it was Connie Leyva in, you guessed it, San Bernardino Co.). The bill was expected to meet little resistance in the Assembly – that is until law enforcement freaked out at the thought of losing tens of millions of dollars and mounted a full fledged assault and panicked our state assembly members with tales of drug trafficking run amuck if so much as a dime was removed from their gravy train of asset forfeiture money seized from innocent people.
 
The onslaught worked as the bill that was so overwhelmingly passed in the Senate failed in the assembly 24 – 44 with 12 members not even casting a vote. The author of SB 443 Senator Holly Mitchel, D-Los Angeleswas aghast at the bill’s failure and was not hesitant to place the blame squarely where it belonged:
 
“This grab-and-grip practice thwarts our democratic process, violates the right to due process, disrespects property rights and reeks of corruption. It’s simple: No conviction, no confiscation. The lengths to which law enforcement is willing to go to defend this odious practice and to evade our state laws that protect property owners are outrageous.”

Checking the vote of state assembly members in the Inland Empire finds that every single member, save one, voted against the bill.
 
The one member from the IE who had the decency, common sense and intestinal fortitude to stand up to the cops was Chris 

Holden, D-41^st Assembly District.You know if you have a minute, I would strongly encourage you to contact his office and congratulate him for his courageous vote in favor of SB 443.

 
To send him an email CLICK HERE or if you prefer you can call him at (916) 319-2041. You can call him right now as if the office is not open, you can leave a voice mail. Even if you are not a constituent please let him know he voted the right way. Mr. Holden is the Floor Leader in the Assembly for the Democrats, most likely with sights on higher office so hearing from others that he did the right thing is of value.

AB 266 – Perspectives on Reality
More going on than just regulating MMJ distribution

AB 266 and two other bills have been sent to the governor where it is expected he will sign them into law. In many ways it is uncharted territory and it is going to be a very interesting and yes most likely frustrating journey.
One of the most significant outcomes of this entire regulatory undertaking that hasn’t received much attention is that we now have a law in California that regulates the LEGAL distribution of marijuana. Although this is sure to piss some people off, SB 420’s creation of non-profit coops and collectives was worse than a bad joke as some people got in a lot of trouble including serving time in prison.
Granted it is not total legalization, it relates only to medical marijuana, but it is still marijuana. I would argue that the police have given up on ever getting the marijuana genie back into the prohibition bottle and they are now willing to sign off on some kind of legal distribution as long as its complex, unwieldy, expensive and will keep a significant number of them employed chasing after those who operate outside of this complex, unwieldy and expensive system.
The argument is no longer whether marijuana should be legal – the reality is that it is. Even with the new restrictions on doctors in AB 266, anyone who wants a rec will be able to get one. The argument is now all about how it is distributed and who controls it and most importantly to comport with modern American values, who makes the money.
From the multiple government agencies overseeing the multi-tiered license system and writing the thousands of pages of regulations, navigating this system will be akin to rocket science. To fathom just the new licensing system is mind boggling. Fortunately Debbie Tharp has created a chart that does an excellent job of illustrating all these new licenses and what each one is for. To see the chart CLICK HERE.

The Game Has Changed
and It's Much More Difficult To Play

California has joined the rest of the medical and recreational marijuana states as the legislature finally passed and sent to the governor a comprehensive, strict and burdensome regulation and licensing scheme for California’s billion dollar a year medical marijuana industry.

It totally upends the current system as it eliminates the collective system created by SB 420 and now allows marijuana to be sold for profit. With a multi-tiered licensing system regulating cultivation, transportation, processing, testing, labeling and distribution, it is about as complete a regulation system as can be imagined with multiple government agencies, multiple licenses, gazillion regulations and lots of anything goes fees and taxes.

As convoluted and treacherous as it is, this complex and overreaching licensing and regulating scheme should keep the DOJ away – at least as long as President Obama is president – I hope.

Unfortunately, but not unexpectedly, cities have now been given statutory authority to ban any and all marijuana production, distribution and so on and as far as I can tell to also ban patient and caregiver cultivation. Although the bill specifically exempts patients and caregivers from the requirements of the bill, it also exempts cities and counties from the exemptions it grant patients and caregivers.

"Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban.”

Scant Attention Paid to Teen MJ Use Study 
That Shows No Negative Consequences

There has been a flurry of research studies purportedly documenting negative associations with the use of cannabis by adolescents. From changes in brain morphology to lowering of IQ, these studies are widely disseminated by the media. Many of these reports have been debunked such as the brain morphology change study as two research projects looking for these changes have not be able to replicate them.

These reports take on a life of their own and even when discredited continue to be cited by anti-marijuana organizations and in the media. Most frustrating is the blinders worn by most of the media when it comes to reporting research that is positive about marijuana use. It is not surprising that research showing positive benefits is ignored by government funded drug warriors, but for mainstream media to refuse to report on them calls into question their neutrality on the issue.

The latest example is a report published in the August 2015 issue of Psychology of Addictive Behaviors entitled Chronic Adolescent Marijuana Use as a Risk Factor for Physical and Mental Health Problems in Young Adult Men. The fifteen year study found long term chronic use of marijuana by adolescents does not negatively impact on their health.

To be fair it was covered by the Washington Post, Al Jazeera, Fox News and a few other mainstream media, but for the most part it was ignored and even when reported, the reporting was low key. The reporting would have been anything but low-key if the report had gone the other way and had shown negative consequences from adolescent marijuana use. Most assuredly, it would have been on the front page of every newspaper and the lead-in story on broadcast and cable media.

JULY 4^th PARTY CELEBRATES FREEDOM IN GENERAL and THE FREEDOM TO SMOKE GANJA IN PARTICULAR

On Saturday, July 4^th, MAPP and BMDC-Riverside and San Bernardino will be celebrating the founding of our country with an old fashioned freedom loving and cannabis consuming July 4^th celebration on Saturday, July 4 at the Beatnik Café in Joshua Tree. I cannot think of a more appropriate way to comprehend what it means to be free then by being able to celebrate our new found and expanding freedom to use cannabis.

This is going to be a very special and a super-fun laid back event with speakers, entertainment, DJ Elmo Greenmeds, art displays, videos, door prizes, raffles and more. This will a truly old-fashioned celebration with chili-cheese dogs, salads, baked beans, all the fixings and beverages (non-alcoholic of course) plus July 4^th ice cream sundaes!!!!

We want to have a couple cannabis contests too – just what they are remains to be seen.

This is a cannabis extra-friendly event with cannabis smoking permitted in the outdoor patio in the back. Please bring your doctor’s recommendation or state ID card with you. We’re asking for a $5 donation to cover our costs and a bit for the Beatnik too, but no one turned away for lack of funds.

I will have more information in the next newsletter, but plan to join with old friends and meet new friends on Saturday, July 4 from 1 p.m. to 5 p.m. at the Beatnik Lounge, 61597 Twenty-Nine Palms Hwy., Joshua Tree 92252.

Not to be repetitive, but it’s kind of a mind-bender - being able to smoke pot with your friends and fellow citizens to celebrate our freedom is a tangible affirmation that we are, in a very important way, truly free. Join us in that celebration.

The Good, Bad and Ugly of MMJ Bills in State Legislature & Your Opportunity to
Do Something About it

There are a record breaking 13 bills in the California legislature dealing with marijuana and most of them deal specifically with medical marijuana. The bills run the gamut from regulating distribution to criminalizing certain types of cultivation and concentrate manufacturing

The bill with the most far reaching consequences is AB 266. This bill is an attempt to put some state controls on California’s patchwork of local regulations. The bill creates a new Governor's Office of MMJ  Regulation  to oversee and coordinate three new  MMJ regulatory  divisions:

(1) the Dept of Food and Agriculture for cultivation

(2) Public Health for product safety and labeling

(3) the Board of Equalization for licensing

The major action would be by the Board of Equalization acting in concert with other state agencies to write and enforce state regulations for commercial medical cannabis distribution and to issue provisional licenses for medical cannabis organizations, which are contingent on local licensing approval. 

Citizen Lobby Day in Sacramento

Sunday, June 14 – Sunday, June 15

Join us as the Nationally Famous Sacramento or Bust Road Trip

Hits the Road for the 4^th Time 

Actions undertaken by patients and advocates is central to our ability to have reliable, safe and local access to medicinal marijuana. Although what happens on the local level is important, what happens on the state level is mega-important as it impacts on what we can do on the local level.

If good laws are passed, it helps us immensely in dealing with local officials. If bad laws are passed, it can be the kiss-of-death for us on the local level. That’s why it is important that we do all we can to make sure good bills are passed at the State Capitol and bad laws are defeated.

Right now there are 13 (yes 13!) bills touching almost every aspect of medical cannabis. The decisions lawmakers enact this year will affect you AND the political landscape for the marijuana legalization initiative in November 2016.

Other than throwing money at our elected officials for their re-election campaigns, the absolute most effective action an individual can undertake to convince state assembly members and senators of the merits or demerits of a bill is to visit/lobby them in their offices in Sacramento. Thanks to Americans for Safe Access (ASA) the opportunity to do this in a united and effective action is made possible by their annual Citizen Lobby Day in Sacramento.

This year’s Citizen’s Lobby Day in Sacramento takes place Sunday June 14 – June 15. It is going to be an informative, eventful, effective and thoroughly enjoyable two days. As we have done over the past three years, we have rented a van that will hold up to 15 people for the trip to Sacramento. More information on that below, but here is what is happening for Citizen’s Lobby Day. Should make you want to take a day off and go.

MEDICAL MARIJUANA AT PRECARIOUS JUNCTURE IN IE

This is a most important newsletter about your right to grow and access medical marijuana. There is much you need to know about so please read on.

MEASURES A & X

The two ballot initiatives in the cities of Riverside (Measure A) and in Yucca Valley (Measure X) are at a precarious state. They can be won and patient access to medicinal marijuana enshrined in local law, but voter turnout is going to be a key factor. 

In Riverside, the vote for Measure A is strictly by mail-in-ballots. Turn in of ballots has been low and the outcome of the election will be determined by which side gets their voters to turn in their ballots. If you live in Riverside and have not sent in your ballot, do it now.

Just as important, talk to your neighbors, friends, co-workers and family members who live in Riverside and ask them if they have mailed in their ballots. If they have not encourage them to do so immediately and, of course, explain to them why it is important they vote YES on measure A.

If you don’t live in Riverside but have friends and acquaintances in the city of Art and Innovation, contact them to remind them to mail in their ballot and to vote YES on Measure A.

Whether you live in Riverside or elsewhere, the Measure A campaign needs boots on the ground in the form of phone bankers and neighborhood walkers. With less than two weeks left in the campaign, time is of the essence and you can make the difference – seriously!

We would like to have a couple veterans attend our hospitality suite at the California Democratic Convention on the evening of Saturday, May 16. The event runs from 10 p.m. to midnight and we would like a short presentation made to the several hundred people there about your use as a vet of medicinal marijuana.

If you are interested in doing that, please contact me at 760-799-2055 or send an email to [email protected].

Last week I asked if anyone had a mature budding plant two to four feet in height that we can borrow for a couple days to show the 4,000 delegates and Democratic Party officials at the convention. I cannot believe it – not one person out there contacted me. I know there is lots of indoor growing going on and there has to be someone who understands the importance of what we are doing and has a plant that we can borrow for a few days -  if you are that person I would be deeply indebted to you if you wound entrust me with one of your plants for three days.

Like the vet, you can reach me at 760-799-2055 or send an email to [email protected]

Watch for this weekend’s email – it’s all about the Riverside County Cultivation ordinance and the upcoming vote by the Riverside Co. Board of Supervisors on Tuesday, May 19 at 9 a.m. – which you should be at.

ACCESS TO MMJ ON LINE AT MAPP MEET WED. MAY 6

In the past political candidates were more likely to seek out the votes of wife beaters than marijuana advocates, but as we grow in stature and acceptance, the times they are a changing.

In the past elected officials were more likely to likely to listen to the concerns of polluting business owners than medical marijuana patients, but as our economic and legal acumen come to the forefront, the times they are a changing.

If you are concerned about electing officials who are concerned about your well-being and having reasonable and rational regulations governing your life, then if the times are truly a changing, it is essential for you to be involved to make sure the times are changing in the way you want them too. 

The Wednesday, May 6 MAPP meeting will empower you to do just that by hearing from a candidate for Riverside City Council who wants to understand your concerns and who does not believe that your concerns should be swept under the rug.

The Wednesday, May 6 MAPP meeting will validate your rising civic respectability and political clout as information is provided on a meeting with Riverside County officials seeking to put patient concerns into formulating the proposed Riverside County Cultivation Ordinance which will be up for a vote on May 19.