Riding on the wave of President Obama’s memo to end DEA interference in states’ medical marijuana laws and an unprecedented response from the media, Oregon NORML’s Cannabis Café opens at 4:20pm on November 13, 2009 at 700 NE Dekum St, Portland, OR 97211.
“The response has been overwhelming,” says Madeline Martinez, Executive Director of Oregon NORML. “We are excited to be able to provide a safe place for patients to medicate that is out of public view within the guidelines of the Oregon Medical Marijuana Act (OMMA).”
Many patients travel to Portland for medical care and treatment and have no place they can go to use their medicine during those often exhausting and intensive trips. “Do they go out into an alley and hide in the back of their car?” Martinez said. “There needs to be a place, much like our meetings, where people can socialize and network.”
In the week since the announcement of the café’s opening, stories have appeared in most major Oregon newspapers and television stations. Martinez appeared on OPB’s Think Out Loud talk show and attended the local neighborhood association meeting to reassure the public that the café will be operated at the highest of standards and strives to be a positive addition to the area.
Members must be registrants of the Oregon Medical Marijuana Program (OMMP) and members of Oregon NORML to gain entrance to the café. Please contact Oregon NORML for more information on the message line 503-239-6110. Details and information will also be available at www.ornorml.org as they become available.
Pro MMA fighter and NORML supporter Toby ‘Tigerheart’ Grear has challenged the California State Athletic Commission on their prohibition of medical cannabis use by sanctioned competitors.
Toby spoke at this year’s national conference on a panel that examined cannabis use among professional athletes.
Every year dozens of professional athletes are arrested or negatively impacted by drug testing rules. This week’s example is from Washington where recent National League Cy Young winner, pitcher Tim Lincecum of the San Francisco Giants, became one of America’s approximately 750,000 annual cannabis possession arrest cases. Little known is that in Washington there is an automatic one day in jail penalty for getting caught with any amount of cannabis.
Next time a prohibitionist from law enforcement, an anti-drug bureaucracy or media pundit claims that ‘no one goes to jail for using or possessing cannabis’ you can rightly let them know that they’re misinformed, as the state of Washington, along with numerous other state and county governments, routinely incarcerate cannabis consumers caught on little more than personal possession charges. President Bush’s drug czar, John Walters, claimed that no gets arrested or goes to jail for cannabis. That such is as rare as unicorns.
However, Mr. Lincecum apparently has already copped a plea that will allow him to skip the one day incarceration. Lucky him!
Will a cannabis consumer and accomplished professional athlete like Tim Lincecum step up like Toby, Mark and Rob have? The reform of cannabis laws is certainly made easier when accomplished, professional athletes step to the fore with their self-interested advocacy.
Supreme Court to Hold Special Outreach Session at UC Berkeley Law School
Live TV Broadcast of Oral Arguments on Nov. 3 in Cases Involving Medical
Marijuana, DNA Evidence, and Sex Offender Law
[UPDATE!!! UPDATE!!! California NORML Coordinator Dale Gieringer attended today's oral arguments and filed this report:
In a remarkable turn of events, both sides at today's California Supreme Court Hearing on the Kelly case agreed that the so-called SB 420 quantity limits in Health and Safety Code 11362.77 are unconstitutional when applied to limit patients' right to a compassionate use defense under Prop. 215.
Instead, they discussed how the Kelly decision could be recast so as not to invalidate 11362.77 when used for other purposes: for example, to protect card-holding patients from arrest when they are within the limits.
Michael Johnsen from the Attorney General's Office admitted that their "position had evolved" since the Kelly case was first argued, when they had tried to claim that the limits in 11362.77 were constitutional. Asked by the court why they should even be hearing the case in that event, Johnsen said that the court should narrow the Appellate Court decision so as to not throw out 11362.77 altogether.
"I have never had the pleasure of getting up in an appellate argument and saying I agree with everything my opponent said," remarked defense attorney Gerald Uelmen.
Patrick Kelly was originally charged with growing 7 plants and 12 ounces, an amount above the SB 420 limits. His defense argued that he could not be convicted for exceeding the limits, because Prop. 215 guarantees patients the right to have whatever amount is reasonably related to their medical needs. The Appellate Court agreed that the limits were an unconstitutional amendment to Prop. 215, and struck down the entirety of 11362.77 as unconstitutional.
Today, both sides agreed that 11362.77 was unconstitutional as applied to Kelly's case, but that it should be preserved in other situations, where it provides useful guidelines for arrest. The court's final decision will be forthcoming in 90 days.]
San Francisco—For the ninth year in a row, the California Supreme
Court will reach out to hundreds of students at a special oral argument
session from 9:00 a.m. to 5:00 p.m. on Tuesday, November 3, 2009, at the
University of California, Berkeley, School of Law, at Booth Auditorium,
2778 Bancroft Way, Berkeley.
The educational program is designed to improve public understanding of
state courts and is being held in collaboration with the School of Law.
Law students, university faculty and staff, and dozens of high school
and middle school students are expected to attend.
California Chief Justice Ronald M. George and Berkeley Law Dean
Christopher Edley, Jr., will make opening remarks, followed by a
question-and-answer session between law students and the justices.
LIVE TELEVISION BROADCAST
California Channel, a public affairs cable network, will broadcast oral
arguments in all five cases to be argued before the court. The network
reaches 6.5 million viewers across the state and will offer a satellite
link to facilitate coverage by other stations. There is no direct link to the webcast yet, but it will be available online at The California Channel under the ‘Live Web’ section, as well as on your local cable TV provider in CA.
11:00 a.m. (Pacific): People v. Kelly (Patrick K.) (and related habeas corpus matter), S164830 concerns the Legislature’s authority to impose quantity limitations on users of “medical marijuana.”
I can only imagine how many letters to the editor have arrived at the Washington Post after it published columnist Charles Lane’s intellectually flaccid and insulting column (i.e., Mr. Lane mocks Angel Raich’s medical condition and cites an alleged NORML survey that does not exist) entitled ‘Medical marijuana is an insult to our intelligence‘.
Below is a letter-to-the-editor that was sent by NORML board member Paul Kuhn…You too can weigh in on Mr. Lane’s ‘defense’ of intelligence (and lack of compassion) here.
[Paul Armentano updates: The letter to the Washington Post from Paul Kuhn was just one letter penned by NORML representatives. CALIFORNIA NORML, for instance, responded with a separate letter as well, as have several others. As a result the Post has now added this, half-hearted in my opinion, 'clarification':
Clarification: An earlier version of this posting said Angel Raich claimed that each of the medical conditions cited in her lawsuit was life-threatening. She asked me to explain that she only contended that one of her conditions -- chronic weight loss due to an inability to keep food down -- was life-threatening. I am happy to oblige. She is about to undergo an operation to reduce her Schwannoma, which is a benign brain tumor.]
Medical marijuana is an insult to our intelligence
The Justice Department says it’s backing off the prosecution of people who smoke pot or sell it in compliance with state laws that permit “medical marijuana.” Attorney General Eric Holder says “it will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers.” Party hardy! I mean — let the healing begin!
I don’t think the federal government should be spending a whole lot of time on small-time druggies, and I’m undecided about legalizing pot, which enjoys 44 percent support among the general public, according to a recent poll. Recreational use is not the wisest thing — and if my 12-year-old son is reading this, that means you! — but it’s no more harmful than other drugs (e.g., alcohol) and impossible to eradicate. On the other hand, I worry it’s a gateway to harder stuff. So I think we probably should have an open debate about decriminalization.
But it should be a real debate, about real decriminalization, and not clouded — pardon the expression — by hokum about “medical marijuana.” To the extent it puts the attorney general’s imprimatur on the notion that people are getting pot from “caregivers” to deal “with serious illnesses” — as opposed to growing their own or flocking to “dispensaries” just to get high — the Justice Department’s move is not so constructive.
I do not deny that for some people, including some terminal cancer patients and pain-wracked AIDS sufferers, marijuana is a blessed relief. Let ‘em smoke, I say, just as the Justice Department has usually ignored such cases since long before Holder spoke up. But if you believe there is any scientific evidence that smoked marijuana has the multiplicity of therapeutic uses that advocates claim — well, I’ve got a bag of oregano I’d like to sell you.
Usually, drugs have to pass exacting testing by the Food and Drug Administration before they go on the market. There’s a good reason for this: we don’t want people spending money on products that might be ineffective or actually harmful. In California and elsewhere, however, snake oil — sorry, “medical marijuana” — got on the market via a different route: popular referendum. The pot for sale in dispensaries is subject to none of the purity controls that actual pharmaceutical drugs must meet. Indeed, the new DOJ policy essentially recognizes a gray market for pot, leaving these supposedly seriously ill people at the mercy of their dealers — I mean caregivers — with respect to quality and efficacy.
What other substances should we handle this way? Cocaine? Laetrile? Didn’t President Obama just sign a bill authorizing the FDA to regulate the nicotine content of tobacco? And I thought he promised to “restore science to its rightful place.”
Under California’s law, you don’t even need a prescription to get pot (which would admittedly have been a problem, since the U.S. Drug Enforcement Agency controls who gets a prescription pad, and not many doctors would use theirs to prescribe an illegal drug). All it takes is a “written or oral recommendation” from a physician.
A few years ago, a California woman called Angel Raich took her defense of medical pot all the way to the Supreme Court. She lost on the legal issue, which had nothing to do with the medical effectiveness of pot. Along the way, though, she claimed that she was suffering from “life-threatening” scoliosis, temporomandibular joint dysfunction, bruxism, endometriosis, headache, rotator cuff syndrome, uterine fibroids, and Schwannoma. The Latin names might have snowed some judges, but physicians recognized each of these conditions as a common, non-life-threatening problem for which conventional treatments were available. Raich listed a cornucopia of potent drugs, from Vicodin to Methadone, that she had tried previously and gotten no satisfaction. I’m not a doctor, but I thought she might consider a consultation for hypochondria, or perhaps marijuana dependency.
This is not an isolated instance. According to a survey by NORML, the pro-”medical marijuana” organization, which can be expected to emphasize the desperate health of users, only 22 percent of California medical marijuana users suffer from AIDS-related disease. Most of the rest have more subjective maladies such as “chronic pain” or “mood disorders.”
Raich’s physician was Frank Lucido, a well-known Berkeley doctor and pro-pot activist — he also makes money as an expert witness on “medical marijuana” — whose Web site boasts that he was “investigated by the Medical Practices Board of California for cannabis evaluation practices in 2003, and fully exonerated.” The case involved his recommendation of marijuana to treat attention deficit disorder in a 16-year-old boy, but, as I say, he was fully exonerated.
In a brilliant article (requires subscription) on this subject in the Hastings Center Report, a bioethics journal, lawyer and anesthesiologist Peter J. Cohen noted that “medical marijuana” groups have been notably passive about demanding FDA testing and approval for this purported elixir. Instead, they took their case to the people. As Cohen argued, this is no way to make health policy: “medical marijuana,” he wrote, should be “subjected to the same scientific scrutiny as any drug proposed for use in medical therapy, rather than made legal for medical use by popular will.” The “medical marijuana” movement may not be a threat to our civilization, but it is an insult to our intelligence.
Re: Charles Lane’s column on medical marijuana.
Dear Editors,
In the most inane column I have read in the Post, the most offensive comments are those labeling Angel Raich a hypochondriac fraud. Next Thursday, she will undergo brain surgery at Stanford Hospital.
The most puzzling comments are those acknowledging marijuana is a “blessed relief” for certain patients and at the same time “an insult to our intelligence.”
The most misinformed comments are those asking why marijuana is not FDA-approved when the government prohibits research on marijuana.
When my late wife was battling cancer, marijuana relieved her pain after the best legal medications failed. I’ll believe my own eyes over Mr. Lane’s confused words.
In what can only be described as major departure in the so-called ‘war on drugs’, the Obama Administration is issuing a new three page memo this morning [Paul Armentano updates: You can now read the memorandum, signed by Deputy Attorney General David W. Ogden, here. You can also share your thoughts with the White House on the administration's decision via NORML's Take Action Center here.] mapping out the federal government’s new guidelines for states that have laws protecting medical cannabis patients.
In February Attorney General Eric Holder indicated in a press conference that the Obama Administration–which favors physician-recommended access to medical cannabis–would abate from what had been an aggressive law enforcement (and propaganda) campaign against medical access to cannabis.
Today’s memo from the Department of Justice formalizes these changes and is a MAJOR victory for citizens who support cannabis law reform!
Report: New DOJ guidelines to back medical marijuana laws
By Bridget Johnson – 10/18/09 11:40 PM ET
The Obama administration is set to make a sharp turn from the Bush administration when it comes to state laws regarding medical marijuana usage, the Associated Press reported late Sunday.
The guidelines to be issued to federal prosecutors Monday will suggest that it’s not a good use of time to go after users and distributors of medical marijuana in the 14 states that allow such usage, while encouraging that illegal pot operations involving violence, firearms and sale to minors still be pursued.
Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington currently have state laws allowing at least limited use of marijuana for medical purposes. The AP reported that federal prosecutors in these states, as well as top officials at the FBI and DEA, would being receiving the three-page Justice Department memo outlining the new policy.
Under the George W. Bush administration, medical marijuana dispensaries were still targeted for violating federal law despite state laws allowing pot for medical use. Attorney General Eric Holder signaled a shift in this policy in March, stating that federal enforcement would concentrate on illegal marijuana operations that use medical pot allowances as a cover.
The move doesn’t come as a surprise, as Obama the candidate had expressed support for states that allowed medical marijuana.
“I would not have the Justice Department prosecuting and raiding medical marijuana users,” then-Sen. Barack Obama said on the campaign trail in New Hampshire.
Forget the Sunday edition of the New York Times, professional football or leaf peeping on this autumn day…
Medical Marijuana Sunday School is now in session:
Lesson #1
The University of Colorado/Denver recently hosted physicians Kevin Boyle and Eric Eisenbud to present a lecture on medical cannabis’ historical, legal and policy considerations; Scientific research and new cannabinoid pharmaceuticals; Clinical applications.
Two NORML Legal Committee Members, Lee Berger and John Lucy, IV, from Portland, Oregon, presenting a lecture at Lewis & Clark Law School in September 2008 on Oregon’s medical cannabis laws. Check out the lecture video here.
Paypal, the well-known internet payment company has told California NORML that it will no longer accept payments to our “type of business” because we accept listing payments from cannabis-recommending physicians.
After years of offering free listings to physicians and collectives at our website http://www.canorml.org, CaNORML began charging a yearly listing fee to cover our costs last year.
PayPal froze CaNORML’s account in June, saying that by accepting listing fees fromcollectives, we were violating their Acceptable Use policy, which says, “you may not use PayPal in the purchase or sale of narcotics.” Although narcotics were not being sold over the CaNORML site, we reluctantly agreed to stop accepting listings fees from collectives that dispense medical marijuana, recognizing that even though they are legal under state law, they are illegal under federal law. However, we continued to accept payments online from doctors, attorneys, and members.
Now PayPal has stopped accepting payments from the CaNORML site because we continued to accept listing payments from physicians.
Under a ruling upheld by the U.S. Supreme Court (Conant v. Walters, 2003), physicians have the first amendment right to discuss and recommend medical marijuana for their patients, although they may not distribute it or help patients in finding it. PayPal was informed of this and wrote back, “We are not arguing the legality of this issue; we are simply stating that we have made the business decision to not be involved with this type of business.”
Because of its discriminatory policy and disregard of physicians’ first amendment rights, CaNORML submits that PayPal is not the “type of business” to be used by those who advocate for human rights. We will file a complaint with the federal banking committee over their practices.
Located in San Jose, California, PayPal was founded in 1998 and was acquired by eBay (California gubernatorial candidate Meg Whitman’s former company) in 2002.
Complain to: PayPal, 2211 N 1st St, San Jose 95131 (408) 376-7400
We appreciate the fact that you chose PayPal to send and receive payments for your transactions.
Under the Acceptable Use Policy, you may not use PayPal in the purchase or sale of narcotics, steroids, certain controlled substances, products that present a risk to consumer safety or drug paraphernalia. PayPal makes such decisions after reviewing laws, regulations and other actions by governmental agencies, other available evidence, and marketing content related to the product.
To learn more about the Acceptable Use Policy, please refer to our Help Center page here: https://www.paypal.com/cgi-bin/helpweb?cmd=_help
We are hereby notifying you that, after a recent review of your account activity, it has been determined that you are in violation of PayPal’s Acceptable Use Policy regarding your sales at http://www.canorml.org/prop/collectivetips.html. PayPal cannot be used to accept fees for listing information related to marijuana dispensaries, delivery services and cannabis physicians.
In the recent wake of Stiletto Stoners, comes part two of Marie Myung-Ok Lee’s brave and revealing account of how medical cannabis helps her autistic 9-year old son. Read part one here.
Marie and her son J. live in Rhode Island, a state where the legislators have both the chutzpah and foresight to have overridden two vetoes from the Governor (and pressure from the federal government anti-drug officials and law enforcement) in the last 24 moths to create the legal and public health framework necessary for Ms. Young and her physician to be able to effectively and safely treat J. with cannabis-oil cookies.
This essay, and others by women for whom cannabis plays an important role in their lives, are becoming more and more common in the mainstream media to the point where a forum or advisory body about ‘women and cannabis’ is certainly warranted.
NORML wants to convene such a confab in 2010 and seeks input from cannabis consumers and the general public about what kind of topics should be discussed and who should the speakers be. Please send your suggestions and feedback to: conference@norml.org
This essay was originally published at Doublex.com.
NORML’s 38th annual conference in San Francisco, convened September 24-26, was the best attended, ever. Held at the Grand Hyatt, downtown, under classic San Fran weather conditions: 78 degrees and sunny, with the fog creeping up over the hills and a river of fog laying atop the water, streaming in from the ocean through the Golden Gate, sailboats, freighters…the sun-drenched surrounding hill…all of which was to be seen from the hotel’s restaurant on the 36th floor. Medicating could be done, down at street level, on the plaza surrounding the hotel. NORML’s annual conference was held downstairs in the grand ballroom and adjoining meeting spaces. Well, my brothers and sisters in the movement to legalize marijuana, we kicked ass this during this amazing weekend!
Travel author Rick Steves, publisher and comedian Ngaio Bealum and others on the 'Pot, Parenting and Prohibition' panel
The caliber of the presenters and breath of topics @ NORML 38.0 was just astonishing; everything from martial artists using cannabis just before the fight for calming and focus, to how current tax court decisions are shaping the trend toward a wider range of services delivered to patients at dispensaries, to a deep and satisfying look into the science of the exceptional safety profile and utility of cannabis as a medicine. And, if you couldn’t have been there in San Francisco with us, now for the very first time in history, you can attend conference from anywhere in the world, free, on the Internet, simply by visiting NORML’s 38th conference broadcast.
I arrived in San Francisco early enough the day before Conference started to do the NORML “walk through” with Grand Hyatt hotel staff. My morning had started at home at 4:00am doing chores before the two-hour drive to the airport, then my flight to SFO and transport to the Hyatt, only to find out that I was one of the 57 attendees who were being bumped to other hotel properties for one night, because a nasty overbooking computer-glitch. The cynical among us made muffled comments that this “glitch” might have something to do with the US Customs Service/Homeland Security Conference in progress at the hotel the day of NORML’s arrival. The overbooking problem ruffled a few feathers, but we got over it quickly and everyone with a reservation at conference was booked onsite by the end of the first day. The Grand Hyatt staff was awesome in dealing with the mess. And after all, really, how can you be in a bad mood anyway, you’re in San Francisco at a NORML Conference???
A tiny case in point: on day 1 of Conference, during our 4:20 afternoon break, as several hundred of us medicated on the plaza, San Francisco’s Thursday Green-Transportation Bike Protest, with police escort, pedaled by, a significant number of their ranks biking buck-naked…
As I lay in bed that night, finally in my rightful hotel room, my head a-buzz with all the people I’d talked to and some of the world’s finest cannabis, I pondered why NORML Conference was so much fun, and why I had gotten such a huge emotional lift from the day’s events. Sure, I was seeing old friends, making new ones, the common struggle and all of that…but as I continued to think about it, I realized that while those were all important elements of it, but they did not account for the power of what I was feeling.
Then it struck me! Just three weekends before NORML’s Conference, over the Labor Day weekend, my wife and I had held our daughter’s wedding on our ranch, with 70 campers and 120 guests for a sit-down dinner under a tent set up next to our home. We had the first rain in 14 weeks and rainbows the day of the ceremony. The feelings I was getting from the first day of NORML’s Conference was something very much akin to those same feelings that welled up inside that big tent during my daughter’s wedding. Yes. NORML, too, was a meeting of family, self-chosen family, the very tip of an iceberg, a worldwide network of people who, with cannabis, are strung through the heart.
The more I thought about all the people I’d talked to that first day, our wheelchair warriors, our intellectual samurai, our organizers at ground zero…the more I realized that almost to a person, they were at NORML’s 38th annual conference because there was a truth that must be told, a wrong that must be righted, sick people who must be cared for, the defenseless defended…they were there in San Francisco primarily because their hearts demanded it, their internal compass of right-and-wrong would accept no less. And, after all the many years of losing our battles, after 20 million marijuana arrests, the tide has started to turn…
We are winning on many fronts now…but, it is not over, there is so much left to do, please help. Join the fight; please join NORML, if you haven’t done so already. And, I hope to see you at the 39th annual conference, next year.
Riding on the wave of President Obama’s memo to end DEA interference in states’ medical marijuana laws and an unprecedented response from the media, Oregon NORML’s Cannabis Café opens at 4:20pm on November 13, 2009 at 700 NE Dekum St, Portland, OR 97211.
This essay, and others by women for whom cannabis plays an important role in their lives, are becoming more and more common in the mainstream media to the point where a forum or advisory body about ‘women and cannabis’ is certainly warranted.
