POT RULING LIFTS LIMITS

The gray world of medical marijuana law seems to have just gotten a bit grayer.

A California court of appeals ruled last month that the restrictions on the amount of marijuana a patient can possess and cultivate outlined in Senate Bill 420, passed in 2003, are unconstitutional, causing counties across the state to rethink their medical marijuana ordinances.

The Del Norte County Board of Supervisors voted this week to drop its ordinance that restricted medical marijuana cultivation to 99 plants grown in a 100-square-foot space, after spending weeks actually discussing tightening those restrictions.  Humboldt County may soon follow suit.

"( The court decision ) adds another layer of ambiguity to an already ambiguous law," said Del Norte District Attorney Mike Riese.  "It was an enforcement headache to begin with -- it may have graduated to an enforcement migraine at this point."

In the appellate ruling in the case of the People vs.  Patrick Kelly, the court ruled SB 420 to be unconstitutional because it amended a voter-passed initiative, Proposition 215, that didn't explicitly say it could be amended by the Legislature.  According to the court's ruling, Proposition 215 can only be amended by a ballot measure.

 RAIDING CALIFORNIA: Medical Marijuana for Minors

Should medical marijuana be kept from minors at all costs? Why is it that pharmacists can dispense amphetamines without getting busted, but legal operators who dispense medical marijuana face prison time? Why do armed federal agents persist in raiding California?

With its sun, surf and small town atmosphere, California's San Louis Obispo County is a good place to grow up. Seventeen-year-old Owen Beck played football and soccer for a local high school, but one day his thoughts abruptly turned away from sports and school. Doctors told Owen he had bone cancer, and would have to begin chemotherapy right away.

The young athlete suffered another blow—doctors would have to amputate his leg to try to keep the cancer from spreading. Chemotherapy attacked Owen's cancer and his body, leaving him bald, gaunt, and vomiting the food he needed to recover. The amputation introduced Owen to a bizarre, new agony called phantom pain, and although doctors gave him powerful medication, nothing helped.

But might a new kind of pharmacy offer new hope? A medical marijuana dispensary had recently opened in the nearby city of Morro Bay. More than a decade earlier, California voters legalized medical marijuana and Morro Bay's mayor and Chamber of Commerce held a ribbon-cutting ceremony for the dispensary, and its owner Charlie Lynch.

Owen's parents knew the idea of giving medical marijuana to a 17-year-old strikes many people as scandalous. Local Sheriff Pat Hedges even asserts that allowing medical marijuana is "not in the best interest of a community that prides itself on providing a healthy, family environment."

But the Becks weren't concerned about what other people thought; they were focused on helping their son. So with a written doctor recommendation in hand, they purchased medical marijuana for their teenage son. The new medication eased Owen's pain and nausea like nothing else had, and the Becks grew fond of Charlie Lynch, who would sometimes refuse payment because, says Steve Beck, "He was just a compassionate kind of a guy."

But one day, Owen's life took another abrupt turn. Federal agents and local sheriff deputies raided Charlie Lynch's dispensary, and seized nearly everything inside, including Owen's medicine. "He had a prescription from a doctor at Stanford, and they took his stuff!" says Debbie Beck. Federal agents cuffed Lynch, and put him behind bars. Even though state and local laws allow for it, medical marijuana is still illegal under federal law. And because he had clients like Owen who were under age 21, Charlie Lynch faces heightened penalties. In California the average first-degree murder serves 20 years behind bars; Charlie Lynch could face a sentence as long as 100 years in prison.

The trial of Charlie Lynch begins this July.

Federal agents seize medical marijuana at Clearlake dispensary

from: http://lakeconews.com/content/view/4377/764/
Written by Elizabeth Larson
Friday, 30 May 2008

CLEARLAKE – Federal officials conducted raids on several medical marijuana dispensaries around Northern California on Wednesday, including one in Clearlake.

Ken Estes' Holistic Solutions on Olympic Drive was the site of an enforcement action by Drug Enforcement Administration agents, accompanied by the Lake County Narcotic Task Force.

The Clearlake dispensary, along with other dispensaries Estes manages in San Mateo and Richmond, as well as the homes of his managers and grow sites in Oakland, San Leandro and Humboldt County, were targeted, according to a statement from California's chapter of the National Organization for the Reform of Marijuana Laws (NORML).


Ken Estes doesn't deserve any of this.Lt. Mike Hermann of Clearlake Police confirmed that the raid took place, but said the department wasn't directly involved. DEA, he said, notified the department that their agents were in town for the operation.

One Clearlake Police officer who is on the Lake County Narcotic Task Force was present, Hermann said.

The Lake County Narcotic Task Force referred questions about the Wednesday action to DEA.

A brief statement issued by the DEA to Lake County News confirmed that an “enforcement operation” had taken place, but added that all documents relating to it were under court seal.

“Searches were conducted at several locations throughout the Bay Area and Northern California,” DEA Special Agent in Charge Javier F. Peña said in the statement. “Items of evidentiary value were seized from these locations. No arrests have been made and the investigation is ongoing.”

Dave McCullick, whose D&M Compassion Center has been in Clearlake for the last two years, said his business partner, Matthew Ward, witnessed the DEA at Estes' business in the early afternoon.

Lake County News was unable to reach Estes Thursday. McCullick said Holistic Solutions has been in Clearlake for three years, and in its current location on Olympic Drive for less than a year.