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Maine Police Return Stolen Marijuana To Caregiver

Posted on  October 18, 2012 by  News Admin

 The police brought an estimated $12,800 worth of marijuana to Thomas Davis of Ellsworth, Maine, last week. While very few of us have had the opportunity to avail ourselves of such an exclusive delivery service, licensed medical marijuana patient and caregiver Davis got the plants back because he had reported them stolen, reports Ron Recinto at The Sideshow. The plants were stolen from a greenhouse near Davis's home. Ellsworth Police arrested Aaron Pert, 32, of Trenton, Maine, and charged him with burglary, theft, firearms possession, and marijuana possession after he admitted to the crime. Pert was caught when a car he was in got pulled over for allegedly running a stop sign. He was released from jail Friday morning on a $500 unsecured bail. Pert proved quite talkative, eventually telling the cops where he'd stashed the freshly harvested plants. Police recovered the cannabis after learning its location, reports Mario Moretto at the Bangor Daily News. The cops then wrestled with the question of whether to destroy the marijuana -- which they would normally do with "illegal drugs" -- or return it to Davis, since he's a licensed medical marijuana caregiver (grower) under Maine state law. The police claimed they were worried about violating federal law if officers returned the medical marijuana, since cannabis remains a Schedule I controlled substance under the federal Uniform Controlled Substances Act. "This is new," Ellsworth police Lt. Harold Page said. "No one's dealt with this before." According to Page, this may be the first reported burglary...

L.A. City Council Repeals Medical Marijuana Dispensary Ban

Posted on  October 04, 2012 by  News Admin

 After a years-long demonstration of apparently bottomless ineptitude when it comes to effectively addressing safe access to medical marijuana for patients, the Los Angeles City Council on Tuesday repealed its own July dispensary ban with an 11 to 2 vote. The action once again leaves L.A. with no laws regulating the city's numerous dispensaries, but some council members were openly wishing for an expanded federal crackdown on the shops. Tuesday's vote followed years of attempts by the hapless council to regulate the medical marijuana dispensary scene in Los Angeles, with more than 400 dispensaries located in the L.A. metro area. The city claimed its own count revealed more than 1,000 such shops. Council members said it was time to go back to the drawing board, saying they'd ask state legislators to "clarify" state law on how cities can regulate dispensaries. "Facing the choice of letting you vote on overturning the ban or doing so itself following a referendum effort that turned in almost double the number of signatures needed to bring the issue to ballot, the body stuck its tail between its legs and said smoke 'em if you got 'em," reports the LA Weekly's Dennis Romero. "We're pleased that the city is not going to put us through months of arduous enforcement," said Kris Hermes of medical marijuana advocacy group Americans for Safe Access."We welcome the opportunity to work with the city on sensible regulations that will work for patients and the communities." The vote is set to be finalized next...

CA Supreme Court Dismisses Case Against City Regulation of Medical Marijuana

Posted on  September 13, 2012 by  News Admin

 The California Supreme Court has dismissed the case of Pack v. Long Beach, in which an appellate court had ruled that the restrictive permitting scheme for medical marijuana dispensaries in the city of Long Beach was illegal. This case was often cited by medical marijuana opponents to support the claim that any permitting or regulation of medical marijuana -- including those found in the local medical marijuana initiative proposals that have qualified for the November ballot around San Diego -- may not withstand legal challenges. These initiatives include Proposition H in Del Mar, Proposition W in Solana Beach, and Proposition T in Lemon Grove. Fortunately, with this dismissal, the Pack decision was de-published. This means that attorneys can no longer cite Pack as valid law. Similarly, a municipality cannot rely upon the Pack decision to ban lawful medical marijuana dispensaries, nor to conclude that local regulation of lawful medicinal cannabis dispensaries violates federal law. The California Supreme Court also recently, and unanimously, let the 2012 decision, Pack v. Colvin, stand, which held that a qualified patient who was managing two storefront dispensaries was entitled to a defense in court to criminal charges of transportation of marijuana and possession of concentrated cannabis. The court discussed at length that Colvin had operated a legitimate and lawful storefront dispensary, complying with California's laws and the Attorney General's 2008 guidelines. On May 23, the California Supreme Court unanimously decided to let Colvin stand as good law, essentially endorsing that a qualified patient can operate a lawful storefront dispensary....

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