Medical Marijuana Users Don't Need to Be Marijuana Farmers, Court Says

Categories: Marijuana
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But not much of a farmer
It doesn't take much to join a collective or cooperative in California, be it a grocery store or a medical cannabis dispensary. In the former, perhaps all you need is a small fee; in the latter, a doctor's recommendation and the scrill required to purchase some medical bud.

It certainly doesn't require a shovel or a turn digging in the dirt, despite Attorney General Kamala Harris' best efforts to make the state's medical marijuana users get down and dirty.

The California Supreme Court this week denied Harris' appeal in People v. Colvin, in which the attorney general sought to uphold charges against a Hollywood-based dispensary operator. Harris had argued that every member of a collective -- the legal model under which medical marijuana dispensaries operate -- must "come together" in "some way" in order for the collective to enjoy legal protection.

The idea of forcing wheelchair-using AIDS and cancer patients to turn the dirt in order to enjoy their preferred medicine was a bit absurd, but it appeared Harris was serious about it. So both the seriously ill and healthy-looking young folk alike have the court to thank for keeping their hands clean (aside from the sticky, that is).

In this case, dispensary operator William Frank Colvin was driving a pound of marijuana from Hollywood Holistic Inc to a second dispensary he owned. He was denied a medical defense (and was prosecuted by Los Angeles County District Attorney Steve Cooley, who Harris defeated in the 2010 AG race), and was convicted because, the trial court found, "transportation had nothing to do with the cultivation process."

On appeal, an appeals court in February overturned his conviction, allowed the state's medical marijuana laws to be entered as a defense, and questioned Harris' "vague" definition of a collective.

The court wrote:

The Attorney General does not specify how many members must participate or in what way or ways they must do so, except to imply that Holistic, with its 5,000 members and 14 growers, is simply too big to allow any "meaningful" participation in the cooperative process; hence, it cannot be a "cooperative" or a "collective" in the way section 11362.775 intended. But this interpretation of section 11362.775 would impose on medical marijuana cooperatives requirements not imposed on other cooperatives. A grocery cooperative, for example, may have members who grow and sell the food and run a store out of which the cooperative's products are sold. But not everyone who pays a fee to become a member participates in the cooperative other than to shop at it.
Harris could not be reached for comment.

The California Supreme Court's decision not to hear Harris' appeal of the appeals court decision bodes well for other medical marijuana cases awaiting a high court ruling, according to Joe Elford, lead counsel for Americans for Safe Access.

"This landmark case also affirms the right of patients to purchase extracted or concentrated forms of medical marijuana and the right to transport medication from an off-site cultivate site," said Elford, whose organization will also argue on behalf of Jovan Jackson, a San Diego-area dispensary operator also denied a medical defense.

ASA also has a stake in Pack v. Long Beach, which could decide the future of storefront dispensing collectives. The Supreme Court agreed to review that case; a decision is pending in the next few months.

Thus far in office, Harris hasn't been much help -- or harm -- to medical marijuana patients, who campaigned heavily on her behalf in 2010. Harris has not done much to prosecute medical marijuana, but also deferred to the Legislature the responsibility to update now-Gov. Jerry Brown's 2008 Attorney General Guidelines, which are used by law enforcement as well as cities as the rulebook for medical cannabis in California.

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10 comments
chasedattilo
chasedattilo

In the greatest show of arrogance and disdain any United States Attorney General has ever showed any citizenry, you’re dysfunctional elite, self-interested none-representing Attorney General has declared “WAR” on Medical Marijuana and the People of the Medical Marijuana States and you did nothing America!!

 

You want Eric Holder and the DOJ to obey your State’s Constitutional Lawful Medical Marijuana Laws and they ignore you and you did nothing America!!

You say stop the madness of handing out Millions of dollars of a bankrupted treasury To enforce your illegal Marijuana laws upon the lawful rights and liberties of Medical Marijuana dispensaries and their doctors and patients and they ignore you and once again you did nothing America.

You say stop Eric Holder and the DOJ from making a mockery of your State laws and they ignore you, and now in open defiance of the “Will of the People”, they are preparing more task forces to come after more medical dispensaries, Patients and their Doctors.

You say NO to using your money to bail out the failed and corrupt “War on Drugs” and they ignore you!

If you’re self-serving Attorney General Eric Holder and DOJ were a Business they'd all be in jail by now!

 

The biggest Traitor among you hold elective office as the United States Attorney General his Name is Eric Holder, only when he feels the almighty Wrath of We The People marching in the streets from California to New York shouting we're Mad As Hell and we want our States Medical Marijuana Laws enforced, will they get the message, They Work For You!

 

Wake Up America!!

 

While you were playing with the toys of your consumer wealth, you lost much more than your bloated economy of living beyond your means.

 

Your public servant Eric Holder has become your Master, violations of lawful state laws is Tyranny but you still look to government to solve problems, the very ones that they created the problem in the first place.

Now it's time to stick it to, Eric Holder and the Department of Justice,

Require all Medical Marijuana laws passed by the Citizens be enforced by Eric Holder and the DOJ.

 

Start first by removing the elite privileges that placed your none-representing representatives, and United States Attorney General and DOJ above you, not with you.

 

Require all laws that apply to the State to be equally applied to the United States Attorney General and the DOJ.

 

Require your State’s Attorney General to enforce your Medical Marijuana Laws and fight the overthrow of State’s Sovereign Rights by the Federal Government.

 

Require your County Sheriff’s to get involved when there is a Medical Marijuana Raid in your County, the Sheriff works for the people, not the judges and courts. He can stop any unlawful action in his County.

 

Practice and Teach Jury Nullification in all unlawful and illegal Marijuana raids and court cases. Demand and require that the Federal Judge allow the State’s Marijuana laws be brought into evidence! Hold him accountable to the State Attorney General and the People.

 

Jury Nullification is a Constitutional Doctrine which allows juries to acquit criminal defendants who are technically guilty, but who do not deserve punishment. This would be lawful action on the behalf of any Care giver, doctor, dispensaries and patients.

 

 

Hold Eric Holder and the DOJ accountable, they are committing TREASON and TYRANNY against the people of the Medical Marijuana States, have him disbarred and removed from office for failing and refusing to uphold and defend the Constitutional Rights and Liberties of the People and the Medical Marijuana States.

 

Last, but not least, start STATE  PETITIONS for the IMPEACHMENT and REMOVAL of United States Attorney General Eric Holder!! If you don't you're allowing the Attorney General to commit Treason and Tyranny…If the People don’t come to the aid and defense of the Medical Marijuana States and their Attorney General you’re committing National Suicide America!!

 

A Little Common Sense, by Thomas Paine & Chase Dattilo, Private Attorney General

Budmaestro
Budmaestro

Can anyone share their opinions on why politicians (Obama, Harris for example) suddenly change direction on their stands on Medical Marijuana once elected?

crimedefender
crimedefender

The change is the reality that for every pound of illegal mj coming from across the Mexican border, there is nice shining new ak47 heading south to arm a cop killlng narcotraficante. Both Obama and Harris have to pay their respects to  the NRA or they risk right wing backlash.   It is this market in weapons that is so lucrative that we turn a blind eye while the people of Mexico   are murdered in ever increasing numbers. Medical marijuana is bad for business.It brings down the price of the black market version. That's no good since the cartels make the vast majority of their money selling illegal marijuana.  This from the US Drug Czar's office. Itrs why Eric Holder uses the ATF for marketing surveys that are fast and furious.

Jacob Maloney
Jacob Maloney

Its a standard attorney thing. step 1.) create an environment where people feel safe... step 2.) change your mind in a nice, organized way that undermines the people from step1. 3.) prosecute people from step 1. 

Just because something is legal and ok to do does not in any way shape or form protect you from our government, they get what they want, when they want, how they want. If you think about it, Marijuana hasn't hurt anyone, yet it is a mortal sin to be heard speaking of the MJ in most circles. Hippocracy.

Jordan Wallick
Jordan Wallick

They are politicians. They say what they need to say in order to get elected. Not a single one of them has ever kept a promise. Im surprised anyone listens to them. Ron Paul included. He is a politician too. They are all liars. They just want your votes and they dont care about you as a person in the smallest way.

Dale Greeno
Dale Greeno

Ron Paul does but no one wants to listen . . .

MrEricSir
MrEricSir

 Considering Ron Paul's lackluster track record, it's pretty safe to say that he's all talk and no action.

Jason D. Andrews
Jason D. Andrews

Lets hope we get some clarity.... I go to Court in Orange County California for 11359 sales and 11360 transportation!! I am a Patient with a Valid Rec a State I.D. and State Caregiver card from the Orange County Health Department and yet the Sheriff and D.A. refuse to acknowledge the California Medical Marijuana Laws and I will be going to trial on Tuesday the 29th in Santa Ana California..  This is going to cost the tax payers allot of money to try to prosecute someone for following the A.G. Guidelines...

Jordan Wallick
Jordan Wallick

I had those charges, and a few more... my lawyer got them to drop it all down to a misdemeanor after 5 postponements. 1 year informal probation. The courts dont have the time or expertise to handle these cases. The right lawyer makes all the difference. Definitely worth it. I used Chris Glew. Good luck!

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