NORML

Dear California friends & supporters of marijuana reform:

Gov. Schwarzenegger has just proposed spending more money on new prisons. The Gov. has also proposed cutting Prop. 36 drug treatment programs intended to keep offenders out of prison, California currently has over 1,400 marijuana prisoners, more than 14 times the number in 1980.

Tell the Governor it's time to stop wasting taxpayers' money imprisoning people for victimless marijuana crimes! Tell him that California should eliminate felony penalties for minor marijuana offenses, such as home cultivation, petty sales and possession of hashish. The following letter describes concrete legislative proposals that would help reduce marijuana prisoners and crime.

Let the Governor know what you think! Comments can be addressed to http://www.govmail.ca.gov/ or the Governor's mailing address below.

- Dale Gieringer, Cal NORML

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Gov. Arnold Schwarzenegger
State Capitol
Sacramento CA 95814

In light of California's prison crowding crisis, we urge you to consider steps to reduce the number of non-violent marijuana prisoners. California currently has over 1,400 offenders in state prison for marijuana felonies - over 14 times as many as in 1980. African-Americans are over-represented among marijuana offenders by a factor of five. California currently spends over $160 million per year on arresting, prosecuting, and imprisoning marijuana offenders.
In the last election, voters overwhelmingly approved ballot measures to make marijuana "lowest enforcement priority" in three California cities: Santa Monica, Santa Barbara and Santa Cruz. Similar measures have been approved in San Francisco, Oakland and West Hollywood. A recent poll by Evans-McDonough shows that 58% of California voters agree that reducing marijuana penalties is a good way to reduce prison crowding.
The costs of marijuana enforcement are unduly inflated by the fact that certain minor but common offenses remain felonies, in particular petty cultivation and distribution. Downgrading such offenses to misdemeanors, would save the state's taxpayers court and imprisonment costs. Similar laws have been adopted elsewhere, including Alaska, Maine, Colorado, Ohio, and Australia.

We recommend decriminalization legislation to address the following problems:

Problem (1): Under current law (H&SC 11358), cultivation of any amount of marijuana is a felony - even a single plant. This perversely encourages otherwise responsible, adult marijuana users to buy from criminal traffickers rather than grow their own at home, since the former is subject to at most misdemeanor possession charges, while the latter is punished as a felony. In theory, "personal use" cultivation defendants can apply for "deferred entry of judgment" under PC 1000; however this is subject to numerous restrictions and involves burdensome diversion and court costs. The present law is especially burdensome to medical marijuana patients, who, even though they are legally entitled to grow under Prop.215, are nonetheless often arrested and taken to court on felony charges, an expensive and harrowing ordeal.

Solution (1a) : Make small-scale personal use home cultivation a minor misdemeanor punishable by a fine below a certain threshold. This policy has been adopted in Ohio, Colorado and some Australian states. A more liberal approach was recommended by California's Research Advisory Panel in 1990, calling for complete elimination of criminal penalties for personal possession and cultivation of marijuana. This is currently the law in Alaska.

Solution (1b): Make other low-level cultivation offenses regular misdemeanors (punishable by possible jail time), provided they take place on property owned or controlled by the grower. This would create a useful distinction between small, private gardens and the large-scale plantations that are currently being grown by organized criminal gangs on public lands, which are more properly treated as felonies.

Problem (2) Under current law, (H&SC 11359 and 11360) sale, transportation, distribution and possession with intent to sell or distribute are felonies for ANY amount of marijuana - even a single joint. (Exceptions: giving away or transporting less than one ounce are minor misdemeanors). In contrast, assault and battery are misdemeanors, even though they cause direct violence to others. This sends an irresponsible message about the relative harm of marijuana crimes. Convictions for intent to sell account for the majority of the marijuana felonies that are currently crowding prisons. Many involve petty dealers, who are more commonly arrested than major traffickers. As a public nuisance, petty dealing is akin to prostitution, which is presently treated as a misdemeanor.

Solution (2): Downgrade minor sales to a misdemeanor or wobbler. This is presently done in the state of Maine, where sales of one pound or less, or cultivation of 100 plants or less, are punished as misdemeanors. One possible alternative: make first-time sale/intent to sell for one ounce or less a misdemeanor; other sales of less than 10 pounds a wobbler.

Problem (3) Under current law (H&SC 11357A), possession of hashish or concentrated cannabis is a wobbler punishable as an optional felony, and is not eligible for the standard $100 misdemeanor fine. The distinction between hashish and marijuana is obsolescent given recent increases in marijuana potency. Hashish is not distinguished from marijuana under California's medical marijuana law, H&SC 11362.5. In its 2002 budget cut proposals, the LAO estimated that treating hashish as a misdemeanor would save the state $4.8 million.

Solution (3): treat hashish like marijuana, at a ratio of 1 ounce marijuana = 1/4 ounce of concentrated cannabis. This would make possession of <1/4>1/4 oz. a regular misdemeanor, and in no case would it be a felony.

We hope you will consider supporting proposals along these lines. California is spending far too much of its resources imprisoning its citizens for victimless marijuana and drug crimes.

Sincerely,

Dale H. Gieringer,

Coordinator, California NORML
2215-R Market St. @278 San Francisco CA 94114
415-563-5858 ./ FAX 510-849-3974
canorml@igc.org / www.canorml.org

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California NORML (415) 563-5858 // canorml@igc.org
2215-R Market St. #278, San Francisco CA 94114

Great Article!

Keeping cannabis clubs closed

Tri-Valley cities have many patients — and bans

By Brian Foley, STAFF WRITER

Article Last Updated: 01/07/2007 02:49:48 AM PST

Five years ago, Michelle London would burn marijuana into a butter and spread it on toast for her mother, who was dying of lung cancer.

She couldnt smoke it anymore, she recalled. We put it on wheat toast. It worked. It was really a shock. It prolonged my moms life.

Today, London, 34, of Livermore deals with diabetes, which has extended into gastroparesis, or nerve damage in her stomach.

My food stays in there for days and it ferments, she said. I vomit a lot and get sick. ... People think Im healthy or they think Im a drug addict or a prankster or something.

London is one of dozens, perhaps hundreds, of Tri-Valley residents who rely on cannabis to relieve their physical and psychological ailments. Their backgrounds are diverse, they suffer for a variety of reasons and many are reluctant to take addictive prescription drugs.

And while they take to the freeways to obtain their medicine, they acknowledge a sharp contrast between the Tri-Valley and the larger cities: the conundrum of providing an illegal drug through dispensaries.

For me, Im younger, so the only burden is the additional wear and tear on the car and the time involved while driving, lifelong Livermore resident George Wilson said. Ive been fighting like hell for something (to open here). Theres got to be a system where everyone is happy.

In the Valley, the latest battle is in Tracy, where the citys lone dispensary, the Valley Wellness Center, is fighting to stay open. City officials insist it doesnt comply with business code standards. An arbitration hearing took place Thursday and a decision is expected in the coming weeks.

The nearest place you have to go is Oakland, possibly Hayward, said attorney James Anthony, the dispensarys defender. Going south, youre talking about Bakersfield. Going north, Sacramento.

Tracy resident Carl Hassell, who was at Thursdays hearing, listed about a half-dozen physical ailments he endures, including chronic arthritis.

I used to drive to Hayward in excruciating pain, he said. The day I found out there was a dispensary in Tracy was the same day they were ordered to close, and I cried. I dont wish anyone in the world the type of pain I live with. And Im 49 years old.

Tracy is only the latest to just say no. Dublin has banned dispensaries. Last year, Pleasanton and Livermore extended moratoriums. And Manteca has indicated they are working on an ordinance to ban pot dispensaries. City officials in the Tri-Valley cite two main concerns they associate with dispensaries: They draw crime and they violate federal law.

However, advocates point to Oaklands four dispensaries as a successful system, born out of Proposition 215, which legalized medicinal marijuana in 1996. Oakland passed regulations in 2004, which structured strict operation guidelines.

I meet with them about once a quarter to talk about any problems, said Barbara Killey, a city administra-tive hearing officer. "In reality, I don't really hear of any problems. There are never any complaints. I think police departments that cite negative activity in Oakland are responding to incidents that happened prior to the 2004 ordinance."

However, dispensary opponents don't have to look that far. Last month in Hayward, the DEA raided a dispensary and discovered about 30 pounds of pot and $200,000 in cash.

"That was one touted as being a successful operation," Livermore Mayor Marhsall Kamena said. "And yet when the DEA raided them, the quantity of money they found made it clear that they weren't working within the boundaries the city established."

Scott Smith, a patient from Manteca, said the raid in Hayward demonstrated that regulations work.

"That's why you need a certain kind of accountability," he said. "If you break the rules, you are not a viable part of the community."

Dispensaries also require a considerable amount of city resources, something the suburbs would rather not undertake.

"They were the first in making medical marijuana dispensaries available to the public," Pleasanton Mayor Jennifer Hosterman said. "Because of that, we've had an opportunity to watch their programs, watch their successes and failures. While everyone recognizes that we need to make it available to those who are sick, the reality is that dispensaries have had problems."

Some of those problems include teenagers acquiring it, Hosterman said.

"For us, it's a balancing act of the needs of the community with the safety of the community," she said. "Besides, the police did identify (the) rather easy availability of medical marijuana in the Tri-Valley. Your caregiver can get it for you. All you need is a letter from your doctor."

Tri-Valley residents can find it difficult to locate a suitable dispensary, London said. Her friend, Andrew Glazier of Livermore, maintains a blog called "Grow Love," featuring dispensary information.

"In the city, people are forced into negotiating with a different political landscape," Glazier said. "Those hills are not just a geographical divide, they are a psychological divide. So there's no real urge to create a club here. For me, it's the traffic backup. I'm sick of sitting on (Interstate) 580."

Last month, advocates celebrated a small victory when Livermore balked at adopting a permanent ordinance. With its moratorium still intact, the City Council instead requested more information on successful operations in Oakland and other cities.

"All of the information that was presented to us by the staff was negative," Councilwoman Marj Leider said. "I hope they investigate whether there is anything positive."

Leider and Councilman Tom Reitter have indicated they would support a dispensary if they had no doubts about their safety.

"There are people who need medical marijuana, especially those who are on chemotherapy," Leider said. "I know people who have used it while on chemotherapy and don't use it anymore. They did not become addicted."

Kamena opposes a dispensary in Livermore, saying he has to consider "the community standards."

"If Livermore continues with its ban, it's continuing the status quo," Kamena said. "We aren't taking medicine away from anybody."

Meanwhile, local patients describe themselves as regular people, concerned about the future of access. Glazier lives with a severe back injury he sustained while working in construction.

"My back is stiff. I go to bed. If I roll over in the middle of the night, which every human being does, I wake up and I can't go back to sleep," he said. "It'll drive you crazy. If I go to a doctor, they might prescribe Vicodin or some heavy drug like that. In other words, they'll give me opiates. Anything that is an analog of an opiate is addictive."

William Dolphin, spokesman for Americans for Safe Access in Oakland, offered a different take on why big cities are more receptive to dispensaries than the Tri-Valley.

"Places like San Francisco, Santa Cruz, even Santa Rosa and Oakland, have had more direct experience — put it more simply, because of AIDS," he said. "There was no question that that was a serious medical emergency that needed to be dealt with. With the suburbs, it's a slightly different situation with different people. However, cancer is something that affects most families across the country. As more people become aware of who medical marijuana patients are, attitudes within communities will change."

Staff writer Brian Foley can be reached at (925) 416-4818

Tri Valley herald article.

http://www.insidebayarea.com/search/ci_4966787

Keeping cannabis clubs closed

Tri-Valley cities have many patients — and bans

By Brian Foley, STAFF WRITER

Article Last Updated: 01/07/2007 02:49:48 AM PST

Five years ago, Michelle London would burn marijuana into a butter and spread it on toast for her mother, who was dying of lung cancer.

She couldnt smoke it anymore, she recalled. We put it on wheat toast. It worked. It was really a shock. It prolonged my moms life.

Today, London, 34, of Livermore deals with diabetes, which has extended into gastroparesis, or nerve damage in her stomach.

My food stays in there for days and it ferments, she said. I vomit a lot and get sick. ... People think Im healthy or they think Im a drug addict or a prankster or something.

London is one of dozens, perhaps hundreds, of Tri-Valley residents who rely on cannabis to relieve their physical and psychological ailments. Their backgrounds are diverse, they suffer for a variety of reasons and many are reluctant to take addictive prescription drugs.

And while they take to the freeways to obtain their medicine, they acknowledge a sharp contrast between the Tri-Valley and the larger cities: the conundrum of providing an illegal drug through dispensaries.

For me, Im younger, so the only burden is the additional wear and tear on the car and the time involved while driving, lifelong Livermore resident George Wilson said. Ive been fighting like hell for something (to open here). Theres got to be a system where everyone is happy.

In the Valley, the latest battle is in Tracy, where the citys lone dispensary, the Valley Wellness Center, is fighting to stay open. City officials insist it

---

Advertisement

---

doesnt comply with business code standards. An arbitration hearing took place Thursday and a decision is expected in the coming weeks.

The nearest place you have to go is Oakland, possibly Hayward, said attorney James Anthony, the dispensarys defender. Going south, youre talking about Bakersfield. Going north, Sacramento.

Tracy resident Carl Hassell, who was at Thursdays hearing, listed about a half-dozen physical ailments he endures, including chronic arthritis.

I used to drive to Hayward in excruciating pain, he said. The day I found out there was a dispensary in Tracy was the same day they were ordered to close, and I cried. I dont wish anyone in the world the type of pain I live with. And Im 49 years old.

Tracy is only the latest to just say no. Dublin has banned dispensaries. Last year, Pleasanton and Livermore extended moratoriums. And Manteca has indicated they are working on an ordinance to ban pot dispensaries. City officials in the Tri-Valley cite two main concerns they associate with dispensaries: They draw crime and they violate federal law.

However, advocates point to Oaklands four dispensaries as a successful system, born out of Proposition 215, which legalized medicinal marijuana in 1996. Oakland passed regulations in 2004, which structured strict operation guidelines.

I meet with them about once a quarter to talk about any problems, said Barbara Killey, a city administra-tive hearing officer. "In reality, I don't really hear of any problems. There are never any complaints. I think police departments that cite negative activity in Oakland are responding to incidents that happened prior to the 2004 ordinance."

However, dispensary opponents don't have to look that far. Last month in Hayward, the DEA raided a dispensary and discovered about 30 pounds of pot and $200,000 in cash.

"That was one touted as being a successful operation," Livermore Mayor Marhsall Kamena said. "And yet when the DEA raided them, the quantity of money they found made it clear that they weren't working within the boundaries the city established."

Scott Smith, a patient from Manteca, said the raid in Hayward demonstrated that regulations work.

"That's why you need a certain kind of accountability," he said. "If you break the rules, you are not a viable part of the community."

Dispensaries also require a considerable amount of city resources, something the suburbs would rather not undertake.

"They were the first in making medical marijuana dispensaries available to the public," Pleasanton Mayor Jennifer Hosterman said. "Because of that, we've had an opportunity to watch their programs, watch their successes and failures. While everyone recognizes that we need to make it available to those who are sick, the reality is that dispensaries have had problems."

Some of those problems include teenagers acquiring it, Hosterman said.

"For us, it's a balancing act of the needs of the community with the safety of the community," she said. "Besides, the police did identify (the) rather easy availability of medical marijuana in the Tri-Valley. Your caregiver can get it for you. All you need is a letter from your doctor."

Tri-Valley residents can find it difficult to locate a suitable dispensary, London said. Her friend, Andrew Glazier of Livermore, maintains a blog called "Grow Love," featuring dispensary information.

"In the city, people are forced into negotiating with a different political landscape," Glazier said. "Those hills are not just a geographical divide, they are a psychological divide. So there's no real urge to create a club here. For me, it's the traffic backup. I'm sick of sitting on (Interstate) 580."

Last month, advocates celebrated a small victory when Livermore balked at adopting a permanent ordinance. With its moratorium still intact, the City Council instead requested more information on successful operations in Oakland and other cities.

"All of the information that was presented to us by the staff was negative," Councilwoman Marj Leider said. "I hope they investigate whether there is anything positive."

Leider and Councilman Tom Reitter have indicated they would support a dispensary if they had no doubts about their safety.

"There are people who need medical marijuana, especially those who are on chemotherapy," Leider said. "I know people who have used it while on chemotherapy and don't use it anymore. They did not become addicted."

Kamena opposes a dispensary in Livermore, saying he has to consider "the community standards."

"If Livermore continues with its ban, it's continuing the status quo," Kamena said. "We aren't taking medicine away from anybody."

Meanwhile, local patients describe themselves as regular people, concerned about the future of access. Glazier lives with a severe back injury he sustained while working in construction.

"My back is stiff. I go to bed. If I roll over in the middle of the night, which every human being does, I wake up and I can't go back to sleep," he said. "It'll drive you crazy. If I go to a doctor, they might prescribe Vicodin or some heavy drug like that. In other words, they'll give me opiates. Anything that is an analog of an opiate is addictive."

William Dolphin, spokesman for Americans for Safe Access in Oakland, offered a different take on why big cities are more receptive to dispensaries than the Tri-Valley.

"Places like San Francisco, Santa Cruz, even Santa Rosa and Oakland, have had more direct experience — put it more simply, because of AIDS," he said. "There was no question that that was a serious medical emergency that needed to be dealt with. With the suburbs, it's a slightly different situation with different people. However, cancer is something that affects most families across the country. As more people become aware of who medical marijuana patients are, attitudes within communities will change."

Staff writer Brian Foley can be reached at (925) 416-4818 or bfoley@trivalleyherald.com.

Tri Valley herald article.

http://www.insidebayarea.com/search/ci_4966787

Keeping cannabis clubs closed

Tri-Valley cities have many patients — and bans

By Brian Foley, STAFF WRITER

Article Last Updated: 01/07/2007 02:49:48 AM PST

Five years ago, Michelle London would burn marijuana into a butter and spread it on toast for her mother, who was dying of lung cancer.

She couldnt smoke it anymore, she recalled. We put it on wheat toast. It worked. It was really a shock. It prolonged my moms life.

Today, London, 34, of Livermore deals with diabetes, which has extended into gastroparesis, or nerve damage in her stomach.

My food stays in there for days and it ferments, she said. I vomit a lot and get sick. ... People think Im healthy or they think Im a drug addict or a prankster or something.

London is one of dozens, perhaps hundreds, of Tri-Valley residents who rely on cannabis to relieve their physical and psychological ailments. Their backgrounds are diverse, they suffer for a variety of reasons and many are reluctant to take addictive prescription drugs.

And while they take to the freeways to obtain their medicine, they acknowledge a sharp contrast between the Tri-Valley and the larger cities: the conundrum of providing an illegal drug through dispensaries.

For me, Im younger, so the only burden is the additional wear and tear on the car and the time involved while driving, lifelong Livermore resident George Wilson said. Ive been fighting like hell for something (to open here). Theres got to be a system where everyone is happy.

In the Valley, the latest battle is in Tracy, where the citys lone dispensary, the Valley Wellness Center, is fighting to stay open. City officials insist it

---

Advertisement

---

doesnt comply with business code standards. An arbitration hearing took place Thursday and a decision is expected in the coming weeks.

The nearest place you have to go is Oakland, possibly Hayward, said attorney James Anthony, the dispensarys defender. Going south, youre talking about Bakersfield. Going north, Sacramento.

Tracy resident Carl Hassell, who was at Thursdays hearing, listed about a half-dozen physical ailments he endures, including chronic arthritis.

I used to drive to Hayward in excruciating pain, he said. The day I found out there was a dispensary in Tracy was the same day they were ordered to close, and I cried. I dont wish anyone in the world the type of pain I live with. And Im 49 years old.

Tracy is only the latest to just say no. Dublin has banned dispensaries. Last year, Pleasanton and Livermore extended moratoriums. And Manteca has indicated they are working on an ordinance to ban pot dispensaries. City officials in the Tri-Valley cite two main concerns they associate with dispensaries: They draw crime and they violate federal law.

However, advocates point to Oaklands four dispensaries as a successful system, born out of Proposition 215, which legalized medicinal marijuana in 1996. Oakland passed regulations in 2004, which structured strict operation guidelines.

I meet with them about once a quarter to talk about any problems, said Barbara Killey, a city administra-tive hearing officer. "In reality, I don't really hear of any problems. There are never any complaints. I think police departments that cite negative activity in Oakland are responding to incidents that happened prior to the 2004 ordinance."

However, dispensary opponents don't have to look that far. Last month in Hayward, the DEA raided a dispensary and discovered about 30 pounds of pot and $200,000 in cash.

"That was one touted as being a successful operation," Livermore Mayor Marhsall Kamena said. "And yet when the DEA raided them, the quantity of money they found made it clear that they weren't working within the boundaries the city established."

Scott Smith, a patient from Manteca, said the raid in Hayward demonstrated that regulations work.

"That's why you need a certain kind of accountability," he said. "If you break the rules, you are not a viable part of the community."

Dispensaries also require a considerable amount of city resources, something the suburbs would rather not undertake.

"They were the first in making medical marijuana dispensaries available to the public," Pleasanton Mayor Jennifer Hosterman said. "Because of that, we've had an opportunity to watch their programs, watch their successes and failures. While everyone recognizes that we need to make it available to those who are sick, the reality is that dispensaries have had problems."

Some of those problems include teenagers acquiring it, Hosterman said.

"For us, it's a balancing act of the needs of the community with the safety of the community," she said. "Besides, the police did identify (the) rather easy availability of medical marijuana in the Tri-Valley. Your caregiver can get it for you. All you need is a letter from your doctor."

Tri-Valley residents can find it difficult to locate a suitable dispensary, London said. Her friend, Andrew Glazier of Livermore, maintains a blog called "Grow Love," featuring dispensary information.

"In the city, people are forced into negotiating with a different political landscape," Glazier said. "Those hills are not just a geographical divide, they are a psychological divide. So there's no real urge to create a club here. For me, it's the traffic backup. I'm sick of sitting on (Interstate) 580."

Last month, advocates celebrated a small victory when Livermore balked at adopting a permanent ordinance. With its moratorium still intact, the City Council instead requested more information on successful operations in Oakland and other cities.

"All of the information that was presented to us by the staff was negative," Councilwoman Marj Leider said. "I hope they investigate whether there is anything positive."

Leider and Councilman Tom Reitter have indicated they would support a dispensary if they had no doubts about their safety.

"There are people who need medical marijuana, especially those who are on chemotherapy," Leider said. "I know people who have used it while on chemotherapy and don't use it anymore. They did not become addicted."

Kamena opposes a dispensary in Livermore, saying he has to consider "the community standards."

"If Livermore continues with its ban, it's continuing the status quo," Kamena said. "We aren't taking medicine away from anybody."

Meanwhile, local patients describe themselves as regular people, concerned about the future of access. Glazier lives with a severe back injury he sustained while working in construction.

"My back is stiff. I go to bed. If I roll over in the middle of the night, which every human being does, I wake up and I can't go back to sleep," he said. "It'll drive you crazy. If I go to a doctor, they might prescribe Vicodin or some heavy drug like that. In other words, they'll give me opiates. Anything that is an analog of an opiate is addictive."

William Dolphin, spokesman for Americans for Safe Access in Oakland, offered a different take on why big cities are more receptive to dispensaries than the Tri-Valley.

"Places like San Francisco, Santa Cruz, even Santa Rosa and Oakland, have had more direct experience — put it more simply, because of AIDS," he said. "There was no question that that was a serious medical emergency that needed to be dealt with. With the suburbs, it's a slightly different situation with different people. However, cancer is something that affects most families across the country. As more people become aware of who medical marijuana patients are, attitudes within communities will change."

Staff writer Brian Foley can be reached at (925) 416-4818 or bfoley@trivalleyherald.com.