Posts Tagged ‘law’

Loophole in LA’s New Marijuana Ordinance

Written by myFOXla – Los Angeles’s new medical marijuana ordinance has a loophole that allows dealers to sell pot over the internet and deliver it to their customers, and a city council member wants to put a stop to that.

Councilman Jose Huizar filed a motion on Tuesday that would ban so-called mobile dispensaries.

“The city has received dozens of complaints regarding this new ruse that has arisen in an attempt to circumvent city and state regulations governing the city’s collectives,” Huizar said in the motion.

“As such, it will be in the best interest of the city, and provide clarification to the public, if the council were to explicitly prohibit any delivery service unless it operates in full compliance with the (ordinance) and existing state law, both of which prohibit the transportation of medical marijuana to a qualified patient except by his/her primary caregiver.”

Huizar urged the council to have the city attorney amend the ordinance “on an emergency basis,” so it can be enacted quickly.

“If we remain silent, who knows? This booming business can get out of control,” Huizar said.

Under the new ordinance, only the 186 dispensaries that were operating when the moratorium was imposed on Nov. 13, 2007 can remain open. Because some of those have ceased operating, the City Attorney’s office estimates there are about 130 pot shops that are “grandfathered” and not banned by the new ordinance.

The operators of 439 pot shops were issued cease-and-desist letters a month ago, instructing them to shut down by June 7. Frank Mateljan, a spokesman for the city attorney, warned those who defy that order could face jail time, fines or eviction.

He said criminal charges could carry penalties of up to six months in jail and a $1,000 fine, while civil penalties could include fines up to $2,500.

Marc Emery: I Fought the Law (but the Law Might Still Win)

EYE WEEKLY caught up with “Prince of Pot” Marc Emery to discuss the latest on his case and his views on the changing climate of the cannabis world.

Emery will again be speaking at this year’s Toronto Freedom Festival (May 1, 6:30pm, Speakers & Awareness Stage, Queen’s Park North) and his presence is as significant as ever since there have been some shifts happening in government policy for our neighbours to the south — many wonder how close Canada is to following suit.

What’s the latest with your trial?

The US DEA encouraged the justice department to lay three charges against me: conspiracy to distribute marijuana, conspiracy to manufacture marijuana and conspiracy to money launder. They say, “We’re looking for 40 years on these three counts,” because they come with mandatory minimums in the US, “[but] we can offer you one count if you agree to plead guilty to five years.” I agreed. The justice minister has had all the paperwork since January 8th and has not signed it. The Canadian justice department says they’ve received 2,700 handwritten letters urging them not to extradite me, and seven saying they should. It’s something for the minister, Rob Nicholson, to think about with an election coming up. The minister has to make a decision by May 10th to extradite, not extradite or seek an extension.

What about your colleagues Michelle Rainey and Greg Williams?

Originally the agreement was that I would plead guilty to five-year thing and they would not get any kind of jail time, and that’s how it worked out. Michelle Rainey and Greg Williams basically got sentenced to two years probation and are back doing the thing they like to do best. Michelle is growing marijuana for her medical needs and Greg works at the BC Marijuana Party, so I feel good that nobody who was involved with me is going to suffer any jail time.

What do you think the major difference between Canadian and American drug policy is? Which do you feel is more misguided?

Up until now Canada’s never had mandatory minimums and the judges are aware that when you give someone a high sentence, there’s invariably a turf war between gang members over their spot. The Americans have put more people in jail, but they haven’t solved the problem because more people compete to get into that business once someone’s arrested. But, there’s a movement in every state to have a medical marijuana law or an outright legalization law. California’s the most significant because their legislation has proposed it as a November ballot initiative coming up this year. In the United States you’ve got 75 congressmen that have signed on to a bill that will legalize four ounces or less. That’s not happening at any level in Canada.

- Read the the whole article on Eye Weekly.

Hawaii lawmaker aims to decriminalize marijuana

A Hawaii lawmaker plans to introduce legislation this week that would decriminalize adult possession of marijuana, and he’s pointing directly at the Obama administration to justify his decision, according to a published report.

But State Sen. J. Kalani English, a Democrat, isn’t stopping there. A second bill slated for introduction this week would also legalize and levy a tax on medical marijuana dispensaries, which are currently prohibited even though marijuana for medicinal use is not.

“My point is we already legalized medical marijuana, so we should allow the counties to (regulate) the dispensaries . . .” he told The Honolulu Advertiser. “(President Barack) Obama directed the Department of Justice to honor states’ rights, as it should be. It’s a complete reversal of the previous doctrine that the federal trumps the states.”

The paper noted that Hawaii is facing a $1.2 billion budget shortfall for fiscal year 2011. While English did not predict how much revenue would be obtained by taxing medical marijuana, he told the Advertiser that it would be “significant.”

In February, 2009, U.S. Attorney General Eric Holder announced that it would be the Obama administration’s policy to not arrest medical marijuana patients, allowing states to determine how best to handle the issue.

The decision marks a shift from the Bush Administration, which was more draconian in its approach to hunting those who sought to dispense marijuana for medical purposes.

Over two dozen states are currently weighing marijuana law reforms ranging from decriminalization to outright legalization.

In California, which will likely vote on legalization in November, 2010, lawmakers predict marijuana taxes would raise at least $1.5 billion in their first year.

However, even if California does legalize marijuana, the plant is still prohibited on the federal level. President Obama has said that he opposes legalization.

via Raw Story

Powered by WordPress | Thanks to Wordpress Themes