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West Coast leaf, Winter, 2013

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West Coast leaf, Winter, 2013
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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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serial ( sobekcm )

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Auraria Library
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The cannabis newspaper of record
www.WestCoastLfaf.com
AURARIA LIBRARY
ISSN 1945-221X • VOLUME 5 NO. 4 WINTER 2013
Colorado, Washington Uote To Legalize
Mass allows medical use, Oregon, Arkansas bids fail
By Chris Conrad
In a pivotal election, voters in the states of Colorado and Washington passed the first marijuana legalization initiatives in US history Nov. 6, 2012. Massachusetts became the 18th state to legalize medical use of cannabis, and voters there approved six
Cal Court gives big boost to dispensaries, sales
By William Dolphin, americansforsafeaccess.org
California's medical cannabis dispensaries are entitled to provide cannabis for purchase to qualified patients, according to a landmark appeals court decision.
In reversing the conviction of a dispensary operator in People v Jovan Jackson, the Fourth District Court of Appeal unanimously held Oct. 24, 2012 that state law does not require active participation by all collective or cooperative members and that participation "may be limited to financial support by way of marijuana purchases from the organization."
The case was the second time Jackson had faced a jury over state charges for operating a San Diego storefront patient collective. Raided by local law enforcement in 2008, he was acquitted of marijuana Please turn to page 5
resolutions calling on the federal government to legalize adult use of cannabis. Michigan voters approved five local reform measures, as well.
Meanwhile, voters in Oregon rejected personal adult legalization, voters in Arkansas narrowly defeated medical use, California voters removed marijuana offenses from the onerous "Three Strikes" life imprisonment penalty and a spattering of local votes in that state made it more difficult for collectives and individual patients to cultivate, obtain or provide medical marijuana.
Results were: Colorado Amendment 64 passed 55 to 45%; Washington Initiative 502 won 55 to 45%; Massachusetts medical use act passed 63 to 37%; Oregon Measure 80 lost 45 to 55%; and Arkansas medical use act lost 48 to 52%.
This seismic shift in the political landscape comes just two years after California voters narrowly defeated adult legalization via Prop 19. In that election, federal officials threatened the state were it to pass, and the governor signed a law that decriminalized marijuana to the level of a traffic infraction just weeks before the vote to undercut the measure's majority support among voters. No such threats or action occurred during the 2012 campaigns.
Cannabis reform legislation got more favorable votes than Obama in three of the five initiative states and more votes than Romney in four out of five states.
Amsterdam cannabis coffeeshops remain open
Coffeeshop battle in the Netherlands: past the worst
By Derrick Bergman, gonzo Media, voc*
The struggle against the "wietpas" (weed pass) and the banning of foreigners from Dutch cannabis coffeeshops isn't over yet, but the worst seems to have passed.
Weed pass was introduced into three southern provinces of the Netherlands on May 1,2012, with the rest of the country to follow suit on Jan. 1, 2013. As predicted by activists and opposition politicians, the scheme led to chaos, especially in the city of Maastricht. The black market welcomed a stream of foreign customers with open arms. Then, just a week before the pass took effect, the national government resigned and called new elections, held in September. The new government is a coalition of the conservative WD party and the social democrats of PvdA, who want to regulate and legalize cannabis and abolish weed pass.
This coalition of political rivals and opposites forced the government to find compromises, marking the return of the Dutch polder model of dialogue and compromise. To bridge the gap between the two parties on cannabis policy, a local option was adopted. Because justice minister Ivo Opstelten returned to his post in the new cabinet, it was not likely the whole idea would be labeled a big failure. Instead, local authorities now have a lot of freedom to enforce the new rules as they see fit. The mandatory membership club system, with a 2000-members maximum and a roster open to police inspection, has been abolished nationally, but the 'inhabitant criterion,' to exclude non-residents from coffeeshops, remains in place.
There is no clear answer as to whether foreigners are allowed in coffeeshops. The mayor of Amsterdam seems to have made the best deal: he can postpone enforcement of the criterion for as long as he wants. So tourists remain welcome in all coffeeshops in the Dutch capital. A number of other big cities announced they also will not enforce Please turn to page 13
Washington measure takes conservative tack
1-502 wins with 11% margin
By Doug Honig,
ACLU of Washington Communications Director
Voters in Washington State gave Initiative 502 (1-502) an 11-point margin of victory Nov. 6, 2012 to legalize, tax and regulate cannabis for adults 21 and over, sending a clear message that the public is ready for a change in policy.
The impact of the vote was seen even before 1-502 took effect on Dec. 6. Prosecutors in several major counties dropped cases against people arrested under the old law, saying it didn't make sense to pursue prosecutions for conduct that soon would be legal. They also knew it would be difficult to get a jury to convict.
1-502 makes adult possession of an ounce of marijuana permissible under state law, but not cultivation. During a year-long process that ends in December 2013, the State Liquor Control board will create a system for licensing the production, processing and sales of cannabis by private entities, and it will be taxed at each step along the way. The state's Office of Financial Management estimated that Please turn to page 3
LEGALIZATION TAKES ROOT — Brian Vicente, Mason Tvert and Betty Aldsworth of Yes on 64 spoke at a press conference the morning after the Colorado vote that legalized personal cultivation and possession and set the groundwork for legal production and sales. Photo by Chris Wallis
Colorado legalizes cultivation, sales
By Chris Wallis
Personal possession, use and home-growing of cannabis became legal for adults in Colorado on Dec. 10,2012, when Gov. John Hickenlooper issued an executive order adding Amendment 64 to the state constitution. Voters approved the measure Nov. 6 by a decisive 55% to 45%.
Hickenlooper also signed an order creating a task force to make recommendations to the legislature on how to establish a legal market for businesses to cultivate and sell cannabis to adults. They also must develop regulations for cultivating, processing and distributing industrial hemp.
"We were very glad to see our governor implement A-64 in such a timely fashion and immediately end the needless arrest and prosecution of adults for marijuana possession," said proponent Mason Tvert, who co-directed the Yes on 64 campaign. "Things are moving forward exactly as we and the voters intended."
The Task Force on the Implementation of A-64 consists of government officials and other stakeholders. Among them is attorney and advocate Christian Sederberg, representing Yes on 64.
"My primary goals are to ensure the task force develops recommendations that demonstrate the will of the voters and to promote a system that will make Colorado a better place for all of its citizens," said Sederberg. "Our state-regulated medical marijuana system has set an example for the rest of the nation and I am confident we can lead the way when it comes to establishing a legal marijuana market that
GOING ON HIATUS - The staff of the West Coast Leaf (l-r) editorial assistant Jackie Gay Wilson and editors and publishers Chris Conrad and Mikki Norris wish to thank our many readers, advertisers and contributors for their support during the past five years. West Coast Leaf photo by Kalil Amar Wilson
serves all adults."
The task force met for the first time on Dec. 17, at wlrich time members laid out a list of topics to address in its recommendations. The entire group will meet sporadically in the next months, and it has until Please turn to page 4
Federal ban on trial in DC court
By William Dolphin, americansforsafeaccess.org The federal appeals court for the DC Circuit heard oral arguments Oct. 16, 2012 in Americans for Safe Access v Drug Enforcement Administration (ASA v DEA), a legal challenge to the government's contention that cannabis has no medical use
The panel of three federal judges focused on the question of legal standing, whether the named plaintiffs in the lawsuit have been directly injured by the government's classification of cannabis. Following oral arguments, the court requested additional briefing on the harm sustained by one plaintiff in the case, US Air Force veteran Michael Krawitz.
"The court's request for clarification is a sign that this case is being taken very seriously," said ASA Chief Counsel Joe Elford, who argued the case. "The current classifi cation of cannabis is based more on politics than science."
Krawitz is rated 100% permanently disabled by the Dept, of Veterans Affairs but is denied treatment because he uses cannabis on the advice of a physician to treat pain, trauma and an eye disease. That forces him to pay for medical care that would otherwise be covered by the VA, which has a policy of denying pain management care to anyone who uses cannabis.
The suit is an appeal of the DEA's 2011 denial of a 2002 petition by the Coalition for Rescheduling Cannabis, of which ASA is a member. It argues that the DEA acted arbitrarily and capriciously in ignoring scientific evidence of the commonly employed therapeutic uses of cannabis and contends that the federal government's intransigence is keeping cannabis out of reach for millions of Americans who would otherwise benefit from its therapeutic value. This marks the first time in nearly Please turn to page 4


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The cannabis newspaper of record U18702 0219483 WWW.WESTCOASTLEAf.COM ISSN t945-22tX • VoLUME s No. 4 WINTER 2013 Colorado, Washington Vote To Legalize Mass allows medical use, Oregon, Arkansas bids fail By Chris Conrad In a pi vota l e le c tion, voters in the states of Colorado and Washington passed the first marijuan a legalization initiatives in US his tory Nov. 6, 2012 . Massachuse tt s became th e 18th s tate to legalize medical u se of cannabis, and voters there approved six Cal Court gives big boost to dispensaries, sales By William Dolphin, a m e r icansfo rsafeac c ess.o r g California's medical cannabis dispensaries are entitled to provide cannabis for pur cha se to qualified patients, according to a landmark appeals court decision . In reversing the conviction of a dispen sary operator in P eople v ]ovan Jackson, the Fourth District Court of Appeal unani mously held Oct. 24, 2012 that state la w does not require active participation b y all collective or cooperative members and that participation "may be limited to financial support by way of marijuana purchases from the organization." The case was the second time Jackson had faced a jury over state charges for operating a San "Diego storefront patient collective. Raided by local law enforcement in 2008, he was acquitted of marijuana Please turn to page 5 resolutions calling on the federal govern ment to legalize adult u se of cannabis. Michigan voters approved five local reform measures, as well. Meanwhile, voters in Oregon rejected personal adult legalization, voters in Arkansas narrowly defeated medical use, California voters removed marijuana offenses from the onerous "Three Strikes" life imprisonment penalty and a s p a ttering of local votes in that state made it more dif ficult for collectives and individual patients to cultivate, obtain or provide medical marijuana. Results were: Colorado Amendment 64 passed 55 to 45% ; Washington Initiative 502 won 55 to 45% ; Massachusetts medical use act passed 63 to 37%; Oregon Measure 80 lost 45 to 55 % ; and Arkansas medical use act lost 48 to 52 % . This seismic s hift in the political land scape comes just two years after California voters narrowly defeated adult legalization via Prop 19. In that election, federal offi cials .threatened the state were it to pass, and the governor signed a law that decrim inalized marijuana to the level of a traffic infraction just weeks before the vote to undercut the measure's majority support among voters. No such threats or action occurred during the 2012 campaigns. Cannabis reform legislation got more favorable votes than Obama in three of the five initiative states and more votes than Romney in four out of five states. Amsterdam cannabis coffeesho p s remain open Coffeeshop batt l e in the Netherlands: past the worst By Derrick Bergman , GONZO Media, voc• The s truggle against the "wietpas" (weed pass) and the banning of foreigners from Dutch cannabis coffeeshops isn't over yet, but the worst see m s to have pas s ed. Weed pass was introduced into three so uth ern provinces of the Netherlands on May 1, 2012, wi th the rest of the country to follow suit on Jan . 1, 2013. As predicted b y activists and opposition politicians, the scheme led to chaos , especially in the city of Maastricht. The black market welcomed a stream of foreign cu s tomer s with open arms. T h en, just a week before the pa ss too k effec t , the national government res i gne d and called new elections, held in Sep te mber. The new government i s a coali tion of the conservative WD party and the soc ial democrats of PvdA, who want to regulat e and legalize cannabis and abolish weed pass. This coali tion of political rivals and opposites forced the government to find compromises, marking the return of the Dutch polder model of dialogue and com promise. To bridge the gap between the two parties on cannabis policy, a local option was adopted. Because justice minis ter !Vo Opstelten returned to his post in the new cabinet, it was not likely the whole idea would be labeled a big failure. In stead, l oca l authorities now have a lot of freedom to e nforce the new rule s as they see fit. The mandatory members hip club system, wit h a 2000-member s ma ximum a nd a roster open to police inspection , ha s been abolished nationally, but th e ' inhabi tant cr i terio n,' to exclude from coffees h ops, remains in place. There is no clear answer as to whether foreigners are allowed in coffeeshops. The may or of Amsterdam seems to have made the be s t deal: he can postpone enforcement of the criterion for as long as he wan ts. So tourists remain welcome in all coffeeshops in the Dutch capital. A number of other big cities announced the y also will not enforce Please turn to page 13 Washington measure takes conservative tack 1-502 wins with 11% margin By Doug Honig, ACLU of Washington Communications Direct o r Voters in Washington State gave Initiative 502 (I-502) an 11-point margin of victory Nov. 6, 2012 to legalize, tax and regulate cannabis for adults 21 and over, sending a clear message that the public is ready for a change in policy. The impact of the vote was seen even before I-502 took effect on Dec. 6. Prosecutors in several major counties dropped cases against people arrested under the old law, saying it didn't make sense to pursue prosecutions for cond u ct that soon would be legal. They also knew it would be difficult to get a jury to convict. I-502 makes adult possession of an ounce of marijuana permissible under state law, but not cultivation. During a year-long proces s that ends in December 2013, the State Liquor Control board will create a sys tem for licensing the production, pro cessing and sales of cannabis by private entities, and it will be taxed at each step alo n g the way. The s t a te's Offic e of Financial Management estimated that Please turn to page 3 L EGALIZATION TAKES ROOT B rian Vicente, Mason Tvert and Betty Aldsworth of Yes on 64 spoke at a press conference the morning after the Colorado vote that legalized personal cultiva tion and possession and set the groundwork for legal production and sales. Photo by Chris Walli s Co l orado l e galizes cultivation, sales By Chris Wallis Personal pos session, use and home-grow ing of cannabis became legal for adults in Colorado on Dec . 10, 2012, when Gov. John Hickenlooper issued an executive order adding Amendment 64 to the state consti tution. Voter s approved the measure Nov. 6 by a decisive 55 % to 45%. Hickenlooper also signed an order cre ating a task force to make recommenda tions to the legislature on how to establish a legal market for busine sses to cultivate and sell cannabis to adults. They also must develop regulation s for cultivating, pro cessing and distributing industrial hemp. "We were very glad to see our governor implement A-64 in such a timely fashion and immediately end the needles s arrest and pro se cution of adults for marijuana possess ion, " said proponent Mason Tvert, who co-directed the Yes on 64 campaign. "Things ar e moving forward exactly as we and the voters intended." The Tas k Force on the Implementation of A-64 consists of government officials and other stakeho lder s . Among them is attorney and advocate Christian Sederberg, representing Yes on 64. "My primary goals are to ensure the task force develops recommendations that demonstrate the will of th e voters and to promote a system that will make Colorado a better place for all of it s citizens," said Sederberg. "Our state-regulated medical marijuana system has se t an example for the rest of the nation and I am we can lead the way when it comes to estab lishing a legal marijuana market that GOING ON HIATUS The staff of the West Coast Leaf (1-r) editorial assistant Jackie Gay Wilson and editors and publishers Chris Conrad and Mikki Norris wish to thank our many readers, advertisers and contributors for their support during the past five years. W es t Co ast L eaf photo by Kalil Amar Wilson serves all adults." The task force met for the first time on Dec. 17, at which time members laid out a list of topics to address in its recommenda tions. The entire group will meet sporadi cally in the next months, and it has until Please turn to page 4 Federal ban on trial in DC court By William Dolphin, americansforsafeaccess.org The federal appeals court for th e DC Circuit heard oral arguments Oct. 16, 2012 in Americans for Safe Access v Drug Enforcement Administration (ASA v DEAJ, a l egal challenge to the government' s con tention that cannabi s ha s no m e dical use The panel of three federal focused on the ques tion of le gal s t anding , whether the named plaintiffs in th e lawsuit have been directly injured by the government's clas sificatio n of cannabis. Following oral arguments, the court requested addi tional briefing on the h arm s u s tain ed by one plaintiff in the case , US Air Force veteran Michael Krawitz. "The court' s request for clarification is a s ign that this c as e i s being tak e n very se ri ously," said ASA Chief Coun se l Joe Elford , who argued the case . "The current cla ssifi cation of cannabis is based more on than sc ience." Krawitz is rated 100 % permanently di s abled by the Dept. of Vete rans Affairs but is denied treatment becau se he uses cannabis on the advice of a phys ician to treat pain , trauma and an eye disease . That forces him to pay for medical care that would other wise be covered by the VA, which has a policy of denying pain management care to anyone who uses cannabis. The suit is an appeal of the DEA' s 2011 denial of a 2002 petition by the Coalition for Re scheduling Cannabis, of which ASA is a member. It argues that the DEA acted arbitrarily and capriciously in ignoring scie ntific evidence of the commonl y empl oye d therapeutic u ses of cannabis and contends that th e federal governme nt's intran sige nce is keeping cannab i s out of reach for millions of Americans w h o wou ld otherwise benefi t from it s therapeutic va lue. Thi s mark s the first time in n early Please turn to page 4 •