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West Coast leaf, Summer, 2011

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West Coast leaf, Summer, 2011
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West Coast leaf
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West Coast leaf
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El Cerrito, CA
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Creative Xpressions
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English

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Full Text
The Cannabis Newspaper of Record
FREE
www.'WestCoastLeaf.com
ISSN 1945-221X • Volume 4 No. 2
Summer 2011
fteuiy
Julia Carrera, who worts as 3 third-party inspector for the Mendocino County medical marijuana garden permiting program seen inspecting a crop last October. Photo courtesy of Julia Carrera
31

aimed at local and state officials in at least nine different medical marijuana states: Arizona, California, Colorado, Hawaii, Maine, Montana, Rhode Island, Vermont and Washington.
At the same time, a blistering wave of federal raids in several states seems to contradict a 2009 federal policy memo on state medical marijuana laws.
"Every time there's a raid, or a threatening letter is sent to an elected official, hundreds if not thousands of patients are left wondering where they're going to get their medication," said Steph Sherer, Executive Director of Americans for Safe Access. ASA recently launched its 'Sick and Tired' campaign to bring attention to the continued harassment, discrimination and stigmatization of patients and to call for a comprehensive federal policy.
The tactic of sending letters threatening public officials with criminal prosecution is Please turn to page 15
Feds Push Back at Medical Marijuana
By Kris Hermes, Americans for Safe Access Oakland City Attorney John Russo asked the Obama Justice Department in February 2011 whether the federal government would approve a city plan to regulate large-scale medical marijuana cultivation.
As expected, US Attorney Melinda Haag responded with a declarative, "No!"
Little did patient advocates realize then that Haag's letter signaled the launch of a barrage of similar US Attorney letters
Delaware newest medical use state
By Morgan Fox, Marijuana Policy Project Delaware Gov. Jack Markell signed SB 17 into law May 13, making it legal for state residents with certain serious medical conditions to use cannabis with a doctor's recommendation. The bill had bipartisan sponsors and support in the legislature, as Delaware became the 16th state to pass an effective medical marijuana law, along with the District of Columbia.
Qualified patients will not be permitted to cultivate their own medicine, but may obtain up to six ounces of medical-grade cannabis from state-licensed compassion centers regulated by the state Dept, of Health and Social Sendees/which wifT also issue ID cards to patients who receive a recommendation from their doctors. Public use of marijuana and driving under the influence are prohibited.
Please turn to page 8
Kentucky decriminalizes 8 ounces for personal use
By Mickey Martin, TCompConsulfing.com Kentucky is not known as a hotbed of drug policy reform, but in March the State Legislature and Senate overwhelmingly passed House Bill 463, which was signed into law by Governor Steve Bershear.
The bill reduces personal possession of up to eight ounces of marijuana to a Class B misdemeanor with a maximum penalty of 45 days in jail. This landmark legal over-
haul is set to save Kentucky taxpayers a whopping $422 million dollars over the next decade by reducing the cost of prosecuting and jailing low-risk drug offenders. It reinvests some of those savings into treatment options for those needing help.
Hemp backers praise Cal farm bill, SB 676
Governor Bershear hailed the passage of HB 463 as a major step forward, stating, "Over the last three years, we've made Please turn to page 6
California legislature may reduce cultivation penalty to 'wobbler'
Five years for Doc Fry
Clemency sought for Cal doctor and attorney husband
By William Dolphin, Americans for Safe Access Heads still held high, medical cannabis patients Dr. Mollie Fry and her husband, attorney Dale Schafer, turned themselves in to federal authorities in Sacramento, CA May 2 to begin serving five year prison terms for cultivating cannabis.
First, they spoke to the assembled crowd about why they remain committed to helping other patients. Dr. Fry ended with the shout, "Free God's medicine!"
Fry and Schafer were joined by family, friends and dozens of cannabis patients and advocates for a rally and press conference at the federal courthouse. Activists also protested the sentences and federal policy at the Dept, of Health and Human Services building in Washington, DC.
"Today is an affront to justice," Don Duncan, California director for ASA, told the media covering the rally. "We're demanding clemency for Dale and Molly. And we're demanding an end to the war on all the other sick and dying patients."
A clemency petition was filed at the end of April on their behalf in the federal Eastern District Court of Sacramento and sent to President Obama in an effort to avoid or shorten their imprisonment.
The couple were prosecuted in federal court for cultivating cannabis, though they were both state-qualified patients who
Dale Schafer (I) and Dr. Mollie Fry (on bullhorn) spoke to a throng of supporters in Sacramento before surrendering into federal custody. Photo by Dale Gieringer.
never grew more than 44 plants. Federal prosecutors argued that they were guilty of felony cultivation and conspiracy, which carry five-year mandatory minimum sentences, because the number of grown over several years added up to more than 100.
Dr. Fry used cannabis to ease the effects of chemotherapy she underwent for breast cancer; she had a radical mastectomy in 1997 This led her to start a specialized clinic for cannabis patients.
Schafer used cannabis to manage chronic back pain and symptoms related to his hemophilia. A candidate for district attorney of Eldorado County in 2001 and contributor to the county's guidelines on cultivation, he helped grow his wife's medicine and went on to provide free cannabis to a handful of local patients and to teach classes on cultivation.
Please turn to page 4
By Steve Levine, Hemp Industries Assn. California state Senator Mark Leno introduced Senate Bill 676 Feb. 18 to make the legal distinction that industrial hemp is separate and distinct from the forms of cannabis used to produce marijuana. Industrial hemp is the non-psychoactive, low-THC, oilseed and fiber varieties of the Cannabis sativa plant and has absolutely no value as a recreational drug. If passed, SB 676 will allow commercial farming of industrial hemp, which occurred in the state until shortly after World War II.
Leno said that hemp farming will help revitalize California's economy. "The time is long overdue for California farmers to be allowed to grow this sustainable and profitable crop once again. The passage of SB 676 will create new jobs and economic opportunities for many farmers and manufacturers throughout the state."
A variety of products made from imported industrial hemp, such as healthy food, natural body-care products and eco-friendly clothing, are already being made in California.
"Dr. Bronner's currently purchases 20 tons of hemp oil each year from Canada," said David Bronner, President of Dr. Bronner's Magic Soaps of Escondido. "We look forward to the day that we can meet our supply needs from hemp produced right here in our home state."
"Farmers in California want to grow hemp and manufacturers are ready to buy their crops," agreed Hemp Industries Assn. (HLA) President Steve Levine.
Please turn to page 7
By Dale Gieringer, Cal norml
California legislators are considering several interesting bills this session, the fates of which remain to be determined.
On the plus side, the State Senate Judiciary Committee approved SB 129, a bill by Sen. Mark Leno to protect medical marijuana patients against employment discrimination by protecting qualified cannabis patients from drug testing in non-safety-sensitive jobs.
Another 'plus' bill by Leno to legalize industrial hemp, SB 676, was approved by the Senate Public Safety Committee. Like SB 129, the hemp bill is based on previous legislation that was passed but vetoed by former Gov. Schwarzenegger.
Meanwhile, the Assembly Public Safety Committee has approved a bill to downgrade marijuana cultivation from a mandatory felony to a 'wobbler,' meaning an optional misdemeanor. The bill by Tom Ammiano, AB 1017, is sponsored by Mendocino County District Attorney David Eyster and other North State DAs, with predictable opposition from mainline law enforcement groups.
Several more dubious bills address the knotty issue of medical marijuana distribution. A pair of ambitious bills to establish statewide regulatory systems, SB 847 by Sen. Lou Correa and SB 626 by Sen. Ron Calderon, were withdrawn by the authors in view of the many political difficulties involved. Both bills had attracted criticism from medical use advocates.
Senator Calderon subsequently revised Please turn to page 6


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Tite Camwbis Newspaper of Record www. WESTCOASTLf.AF.COM fEDS PUSH BACK AT MEDICAL MARIJUANA By Kris Hermes , Americans for Safe Access Oakland City Attorney John Russo asked the Obama Justice Department m February 2011 whether the federal government would ap prove a city plan to regulate large-scale medical marijuana cultivation. As expected, US Attorney Melinda Haag r espo nded with a declarative, "No!" Littl e did patient advocates realize then that Haag's letter signaled the launch of a barrage of sim ilar US Attorney letter s Delaware newest medical use state aimed at local and state officials in at least nin e different medical marijuan a s tate s : Arizona, California, Colora do, H awaii, Maille, Montana, Rhode I s land , Vermont and Washington. At the sa m e time , a blistering wave of federal raids in several s tates seems to con tradict a 2009 federal policy memo on s tat e medical marijuana laws. "Every time there's a raid , or a threat ening letter i s sent to an e lect ed official , hundreds if not thousands of patients are left wondering where they 're going to get their medication," said Steph Sherer, Executive Director of Americans for Safe Access. ASA recently launched its 'Sick and Tired ' campaign to bring attention to the continued harassmen t , discrimination and stigmatization of patients and t o call for a comprehensive federal policy. The tacti c of sen din g letters threatening public offidals with criminal prosecution i s Please turn to page 15 FREE SUMMER 2011 By Morgan Fox, Mariju a n a Policy Project Delaware Gov. Jack Markell signed SB 17 into law May 13, making it legal for state residents with certain serious medical con ditions to use cannabis with a doctor 's rec ommenda tion. The bill had bip artisan sp onsor s and support in the legislature, as Delaware became the 16th s tate to pass an effective medical marijuana law, along with the Dis trict of Columbia . Kentucky decriminalizes 8 ounces for personal use Q ualified patients w ill not b e permitted to cultivate their own medi cine, but may obtam up to six ounces of medical-grade c anna bi s hom state -licen sed compa sian centers regula t ed by the s tat e Dept. of ea dal ' ces , w a! o issue lD cards to patients who receive a rec ommendation from their doctors. Public use of marijuana and driving under the influenc e are prohibited. Please t11rn to page 8 Five years for Doc Fry Clemency sought for Cal doctor and attorney husband By William Dolphin , Americans for Safe Access Heads still held high , medical cannabis patient s Dr. Mollie Fry and her hus band , a ttorney Dale Schafer, turn e d themselves in to federal authorities in Sacramento, CA May 2 to begin serving five year pris on terms for cultivating cannabi s . First , they spoke to the assemb led crowd about why they remain committed to helping other p a tients. Dr . Fry ended with the s hout , "Free God's medidne!" Fry and Schafer were joined b y family, friends and do ze n s of cannabis pati ents and advoca tes for a rally and press confer ence at the federal courthouse . Activi s t s al o protes t e d th e se ntence s and federal policy at the Dept. of Health and Human Services buil ding in Washington, DC. "Tod ay i s an affront to justice," Don Duncan , Califo rnia director for ASA, told the media covering the rally. "We' re demanding clemency for Dale and Molly. And we're demanding an end to the war on all the other sick and dying patients." A cleme ncy petition was filed at the end of April on their behalf in the federal Eastern District Court of Sacramento and se nt to Presiden t Obama in an effort to avoi d or s horten their imprisonment. The coupl e were prosecuted in federal court for cultivating cannabis, though they were both sta te-qualifi ed patients who B y Mickey Martin, TCompCons ulting.com Kentucky is not known as a hotb ed of drug policy reform, but in Mar ch th e S t ate Legislature and Senate ov erw h elmin gl y pa sed House Bill 463, which w as sign ed int o \aw by Govemor Steve Bershear. T he bill reduce s per s onal po ssess ion of up to eight ounces of marijuan a to a Cla ss B mi sde meanor wi th a maximum penalty of 45 days in jail. This landm ark l ega l over.. \ f . ' ' . / '" ..: . ' . f ,. .., ' t'.. ' Dale Schafer (I) and Dr . Mollie Fry (on bull horn) spoke to a throng of supporters In Sacramento before surrendering into federal custody. Photo by Dale Gier i nger . never grew more than 44 plant s . Federal pro se cutor s argued that they were guilty of felony cultivation and conspiracy, which carry five-year mandatory minimum sen tences, because the number of grown over s everal years added up to more than 100. Dr. Fry used cannabis to ease the effects of chemotherapy she underwent for breast cancer; she had a radical mastectomy in 1997 This led her to start a spedalized clinic for cannabis patients . Schafer used cannabis to manage chronic back pam and symptoms related to his hemophilia. A candidate for district attorne y of Eldorado County in 2001 and contributor to the county' s guidelines on cultivation, he helped grow his wife's med icine and went on to provide free cannabis to a handful of local patients and to teach classes on cultivation. Please turn to page 4 haul is set to save Kentucky taxpayers a whopping $422 million dollar s over th e next decade b y reducing the cost of pro se cuting and jailing low-risk drug offenders . It reinvests some of those savings into treatment o pti o n s f o r tho se n eed ing h e lp. Hemp backers praise Cal farm bill, SB 676 By Steve Levine , Hemp Industries Assn . California s tate Senator Mark L ena intro duced Senate Bill 676 Feb . 18 to mak e the legal di s tinction that indu str ial h emp is se parate and di s tinct from the forms of cannabis u sed to produce mariju a na . Industrial hemp is the non-ps y choactive, l ow -THC , oilseed and fiber varieties of the Cannabis sativa plant and has ab s olutel y no val u e as a recreational drug. If pa sse d , SB 676 will allow commercial far ming of indu str ial hemp , which occurred in the state until s hortly after World War II. L ena sai d that hemp farming will h e lp revitaliz e California's eco nomy . " The time i s long overdue for California farmers to b e allowed to grow thi s s u s tamabl e and prof itable crop once again. The pa ss age of SB 676 will create new jobs and economic opportunities for many farmers and manu facturer s throughout the state." A variety of product s made from imported industrial hemp , such as healthy food, natural bod y-care products and eco friendly clothing, are already being made in California. "Dr. Bronner's currently purchases 20 tons of hemp oil each year from Canada," said David Bronner , President of Dr . Bronner's Magic Soaps of Escondido. "We look forward to the day that we can meet our supply needs from hemp produced right here in our home state . " "Farmers in California want to grow hemp and manufacturers are ready to buy their crop s," agreed Hemp Indu s tries A ssn. (HIA) President Steve Levine. Please turn to page 7 Governor Bershear ha i l ed the passage of HB 463 as a major step forward, stating, "Over the last three years, we've made P lease turn t o page 6 California legislature may reduce cultivation penalty to 'wobbler' By Dale Gieringer , Cal ORML C a lifornia le gislato r s are considering sev eral inter esti n g bill s thi s session, the fates of which remain to be determined. On the plus si de, the Stat e Sena t e Judiciary Committee approved SB 129, a bill b y Sen . Mark Lena to protect medical marijuana patient s again t employment discrimination by protecting qualified cannabis patient s from drug testing in non safety-sensi tive jobs. Another 'plu ' bill b y Lena to legali ze indu s trial hemp , SB 676, was approved b y the Senate Public Safety Committee. Like SB 129, the hemp bill i s based on previou s legi s lation that was passed but vetoed by former Gov. Schwarzenegger. Meanwhile, the A ss embly Public Safety Committee ha s approved a bill to down grade marijuana cultivation from a manda tory felony to a 'wobbler, ' meaning an optional mi s demeanor . The bill b y Tom Ammiano, AB 1017, is sponsored by Mendocino County District Attorney David Eyster and other North State DAs, with predictable opposition from mainline law enforcement groups. Several more dubiou s bills address the knotty issue of medical marijuana distribu tion . A pair of ambitious bills to establish s tatewide regulatory sys tems, SB 847 by Sen . Lou Correa and SB 626 by Sen. Ron Calderon, were withdrawn by the authors in view of the many political difficultie s in vo l ved. Both bill s h ad attracte d criticis m from medical use advocates. Senator Calderon subse quentl y rev i se d Please turn to page 6