If you are looking to open a medical cannabis dispensary in California - don't delay as under a recent California decision, City of Riverside v. Inland Empire Patients, et al, cities now have the legal authority to completely ban dispensaries within their borders. City of Eureka's moratorium recently expired with 2 dispensary permits now available. Contact CBD Professionals (www.cbdpros.com) to find out which CA cities are accepting permits for dispensaries. For a full copy of the Riverside opinion, click here:
A criminal case out of Mendocino County may set precedent for marijuana law in the state. In People v. Hawkins, Judge Ann Moorman ruled to suppress evidence used to charge Kevin R. Hawkins, 55 of Cloverdale with possession of meth. The unique question before the court was whether the admission of the presence of marijuana alone provides law enforcement with probable cause to search the defendant’s car. An officer pulled Hawkins over after a simple traffic violation upon which he provided the officer with valid driver’s license, registration, and proof of insurance. The officer did not see any evidence of contraband or smell the odor of marijuana as he later testified in court. At some point in the interrogation, the officer asked Hawkins if he had anything illegal in the vehicle and the topic of marijuana came up. Hawkins admitted to having less than an ounce of medical marijuana and gave the officer his valid medical marijuana card. The officer then said, “the practice had changed in that the county no longer issued such cards” and that he
would not honor Hawkins’ recommendation. The officer then opted to search the car regardless of the documentation that Hawkins produced “because he admitted to having marijuana in his car.” Judge Ann Moorman suggested that the doctor’s recommendation to use medical marijuana was not immunity from a search, but coupled with testimony and evidence was enough to throw out the evidence (Meth) the police officer found. If no appeal is filed by the state, this case will become precedent in California. To read more check out http://www.willitsnews.com/marijuananews/ci_24489469/mendocino-county-medpot-ruling-may-set-new-precedent
As many medical cannabis collectives are painfully aware, federal raids have chilled the banking industry serving medical cannabis collectives with threatened federal action against banking institutions. Over the past few years, this chilling effect has caused banking institutions to both close existing collective’s accounts and refuse to open new accounts for collectives. Collectives, just as any small business, need to pay bills including state taxes, and therefore this disruption in
service has made it difficult for some collectives to operate. As the political climate moves towards federal legalization of cannabis, new legislation was introduced this week to resolve conflicts between state and federal laws and allow collectives access to banking services. For more information and to support the legislation, visit NORML’s website:
Krish Singh, a 44 year old man from Sonoma County, attempted to sell a pound of cannabis on craigslist for $2,700, but ended up selling it to an undercover cop in a Target parking lot. The policeman arrested Singh even though he possessed a valid doctor's recommendation to use cannabis alleging he was trying to make a profit and slapped him with a felony possession for sale. Singh represented himself in court and got all of his criminal charges dropped but the judge would not release his pound of cannabis.
For more on this story check out the article in the Press Democrat: ttp://www.pressdemocrat.com/article/20131024/articles/131029752#.Um_wa63djnw.email
The United States FDA has approved a drug made by GW pharmaceuticals that is comprised of CBD (Cannabidiol). The drug is called “Epidiolex™” and was designed to treat seizures and conditions such as epilepsy. CBD is a non psychoactive component found in small amounts in most
cannabis strains (although with an increased demand the market is responding with more strains high in CBD). Physicians will investigate the affects of the medication on patients with approval from the FDA. The program is being carried out under the FDA’s informal so-called “compassionate” IND program that made federally-grown medical cannabis available to a fortunate few starting in the 70’s. Here is a great write-up with much more information: http://www.beyondthc.com/comes-now-epidiolex-fda-approves-ind-studies-of-cbd/
Butane hash oil (BHO), AKA wax, shatter, honey oil is a concentrated solvent based THC extraction method that produces some of the highest potency hash that is known. Qualified patients in California are allowed to posses and purchase BHO from dispensaries and are protected by
California law. However, if you want to make some of your own BHO do so at your
own legal risk. The 2008 Bergen decision makes it unlawful to practice the chemical extraction and can land you up to 7 years in the pen. For more details check out http://www.eastbayexpress.com/oakland/a-little-dab-could-doom-ya/Content?oid=3518696
CANNABIS PATIENT RESOURCE
CPR is a blog hosted by CBD Professionals. CPR's aim is to help qualified medical cannabis patients keep abreast of the latest information on California's rapidly changing laws impacting patients' legal rights.