Lanny's MAPP Newsletter; January 27, 2012
Lanny's MAPP Newsletter
January 27, 2013
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City of Riverside vs. Inland Empire Patients Health & Wellness
California Supreme Court Hearing
February 5, 2013[/align] [align=left] There appears to be a major push amongst some VIP medical marijuana advocates to introduce and push through our state legislature legislation to regulate medicinal marijuana collectives and cooperatives. Legislation similar to last year??s ill-fated AB2312 is being readied and will be introduced very soon.
I am of the opinion that it may be wise to hold back on the introduction of any legislation until the California Supreme Court issues its ruling in City of Riverside vs. Inland Empire Patients Health & Wellness. This lawsuit, which will be heard by the Supremes on February 5, will decide whether cities and counties can ban collectives under their zoning ordinances.
As the founder of the IE Patients Health and Wellness Center and very proud litigant, our members will not be the only patients to be affected by this ruling. The fate of every collective of any size over three people will be directly affected by this decision. Granted the lawyers I have spoken with are all on our side, the almost unanimous opinion is that we will win and the Supreme Court will not let stand the truly bizarre decision of the 2nd division of the 4th District Court of Appeals that cities can ban collectives because of what can best be described as their creation of ??the marijuana exception to the California Constitution.?
If we win this case, we don??t need state legislation as cities and counties will no longer be able to ban collectives, but must allow them and enact licensing requirements and regulations like they do for all other state permitted businesses. In fact, state legislation may be exactly what we don??t want.
If the state legislature enacts regulations, this may translate into tighter and more restrictive regulations then patients would want and many cities would enact given an organized onslaught of elected officials by mmj patients. Remember most of the state legislators are not from big cosmopolitan cities and they are effectively controlled by local police whose influence on local businesses and elected officials is practically Papal in its scope.
Even if the legislation that is introduced is mostly excellent, there is no guarantee that it will pass as written. The fate of AB2312 is very instructive. As initially introduced by rightfully venerated Assemblyman Tom Ammiano, AB2312 was a good bill that set up reasonable state regulations that would have undermined efforts by police to coerce cities and counties into passing bans.
I and several other collectives in the Inland Empire raised over $10,000 to send 38 mmj patients to Sacramento to attend ASA??s three-day Unity Conference and Lobby Day on behalf of AB2312. At significance costs in time and money, hundreds of others came to rally and lobby and put pressure on our state Assembly Members to pass the bill.[/align] [align=center] [/align] [align=left]
Thanks totally to our Democratic legislators, the bill passed. Thanks to the enormous power of police and the League of California Cities, the bill was also amended to allow cities to ban collectives ?? a power which most believe will be denied to cities and counties in the upcoming Supreme Court decision.[/align] [align=left] As a consequence of this amendment to AB2312, our efforts turned from getting AB2312 passed to getting it pulled. Fortunately we were as successful in getting it pulled as we were in getting it passed, but what a waste of our scarce as hens?? teeth resources.
The opinion that the Supremes will deny cities and counties the right to ban collectives is bolstered by the fact that two other Appellate Courts (the 4th division of the 4th District Appellate Court as well as a division of the 2nd District Court of Appeals) have ruled that cities cannot ban collectives ?? the exact opposite of the decision in city of Riverside vs. IEHWC. This two to one Appellate Court split in our favor certainly bodes well for us.
No matter how much the lawyers, who have incestuously earned millions of dollars off the taxpayers defending these cop inspired mmj collective bans, assure their elected official benefactors that they will win, most of them must also see the handwriting on the wall. They just can??t all be that stupid.
As a consequence, the not-so-stupid lawyers may very well be advising their elected official benefactors to weigh upon the League of California Cities and once again with their law enforcement allies browbeat our elected state legislators to introduce legislation to allow cities to ban or, as happened with AB2312, amend one of our most favored bills to allow cities and counties to ban. They did it before and there is no reason that they will not be able to pull that off again.
Rather than waste what precious little political capital we have trying to pass favorable legislation that could rapidly become very unfavorable, I believe we should expend our resources in convincing legislators that at the present time no legislation about medical marijuana collectives should be considered. After all, it is way easier to convince our legislators to do nothing than to do something.[/align] [align=center] [/align] [HR] [align=center]
The Tragic Prosecution of Chris Williams by the DEA
Chris Williams grew marijuana for patients under Montana??s medical marijuana laws. His facility was raided by the feds and he now faces up to 80 years in prison for doing exactly what Montana state law allowed. He will be sentenced on January 31. A group of activists, of which the Human Solution is a member, are planning a Journey for Justice to bring a busload of patients to the sentencing of Chris Williams to show support and to demand justice.
For more information on the Journey for Justice and how you can help, go to: http://the-human-solution.org/journey-for-justice/. Also see information below about an interview with Kari Boiter one of the organizers of the Journey for Justice on the Monday, Jan. 27 broadcast and simulcast of Marijuana Compassion and Common Sense.
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[/align] [align=left] On February 5 the California Supreme Court will hear the case of City of Riverside vs. IE Patients Health & Wellness Center which will decide whether cities and counties can ban collectives under their zoning laws. This critical hearing that will determine if mmj patients will have any kind of viable legal distribution system or will have to go back to securing their medicine from criminals will be the focus of the February MAPP meetings.
The Palm Springs and Joshua Tree meetings on Feb. 2 will explore what is expected to happen at the Feb. 5 Supreme Court hearing and the Riverside meeting on Feb. 6 will provide information on exactly what did happen. As a litigant in the hearing, I will be there to discuss the issue. I hope you will be able to join with me and other patients and supporters at one of the meetings.
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- Palm Springs meeting ?? Saturday, Feb. 2 at 11:30 a.m. at Crystal Fantasy, 266 N. Palm Canyon Dr. in downtown Palm Springs across the street from the Hyatt Regency.
- Joshua Tree meeting ?? Saturday, Feb. 2 at 2:30 p.m. at JTOPIA Resident Artist Colony, 61850 Chollita, Joshua Tree 92252.
- Riverside meeting ?? Wednesday, Feb. 6at 7:30 p.m. at Presto Quality Care (formerly THCF Medical Center), 647 Main St., Riverside 92501.
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[align=left] The Monday, January 27 broadcast and simulcast of Marijuana Compassion and Common Sense will take a look at the most recent INTERNATIONAL developments in bringing an end to the War on Drugs as well as one of the latest victims of the War on Drugs in the United States.
Jeff Dhywood, author of World War D, the critically acclaimed book researching the history of the War on Drugs spawned by the United States and spread throughout the world, will bring us up to date on the latest moves being made internationally to end the drug war. Visit his site at http://www.world-war-d.com. From Mexico to Uruguay to Portugal, world leaders are not just calling for a discussion on ending drug prohibition, but actually enacting policies to bring the end about. Jeff will enlighten us on these new initiatives and illuminate on what is yet to come.
Unfortunately, the drug war continues in this country and the draconian forces of the federal government continue to arrest, prosecute and imprison poor people, people of color and people like Chris Williams. Our second guest is Kari Boiter one of the organizers of Journey for Justice who will speak about the tragic circumstances behind the prosecution of Chris Williams and the rally that is being planned for his sentencing hearing.
Tune in this Monday, Jan. 27 at 6 p.m. and every Monday at 6 p.m. for Marijuana Compassion and Common Sense broadcast on IE Talk Radio KCAA 1050AM and simulcast at www.kcaaradio.com. Past shows can be heard 24/7 by going to kcaaradio.com, click on Monday in the left hand column and then on the next page scroll down and click on Marijuana Compassion and Common Sense.
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[align=left] The show that brings you the truth about marijuana, reveals the politics behind its prohibition, gives you the facts and information about its legendary health and medical benefits and clears up all that legal mumbo-jumbo that makes it so difficult, dangerous and costly to obtain this ancient medicinal herb.[/align]
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The Brownie Mary Democratic Club
JOIN US[/align] [align=center] [align=center]Start a local chapter by you - Republican, Libertairian & Green Party[/align][/align] [HR] [align=center] Please take a moment to go to our website, www.marijuananews.org, and make a donation.[/align] [/align]
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[align=center] WATCH my latest videos HERE or click icon above.[/align]
[HR] [align=center] MISS THIS WEEK'S RADIO PROGRAM? No problem, click HERE to access the latest Marijuana Compassion & Common Sense Radio Program.[/align] [align=center] [/align] [/align]
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[align=center] The Human Solution
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Because no one should go to jail for a plant - Joe Grumbine
www.the-human-solution.org
