by Allen St. Pierre, NORML Executive DirectorApril 11, 2012

From the International Association for Cannabinoid Medicines
IACM-Bulletin of 8 April 2012

World: Increasing numbers of patients use cannabis for medicinal purposes

An increasing number of patients in the world are using cannabis for therapeutic reasons, with available data from countries, which have installed programs for their citizens. Good data are available for Israel, Canada, the Netherlands and many states of the US with medicinal cannabis laws and registries. In several more countries only a few patients are allowed to use cannabis for medicinal purposes, including Germany, Norway, Finland and Italy. In many other countries such as Spain and some states of the US without a registry such as California the number of medicinal users is estimated to be high, but no detailed data are available.

The numbers in California with hundreds of cannabis dispensaries and clinics that issue medical cannabis recommendations are unclear, since the state does not require residents to register as patients (see below**)
Most of the 16 states that allow the medicinal use of cannabis require a registration. Recently the press agency Associated Press published data on registered patients in different states of the USA based on state agencies responsible for maintaining patient registries:

State: Number of registered patients (per 1,000 of the whole population) –
Colorado: 82,089 (16.3)
Oregon: 57,386 (15.0)
Montana: 14,364 (14.5)
Michigan: 131,483 (13.3)
Hawaii: 11,695 (8.6)
Rhode Island: 4,466 (4.2)
Arizona: 22,037 (3.5)
New Mexico: 4,310 (2.1)
Maine: 2,708 (2.0)
Nevada: 3,388 (1.3)
Vermont: 505 (0.8)
Alaska: 538 (0.8)
Patient registration is mandatory in Delaware, New Jersey and the District of Columbia (Washington D.C.), but their registries are not yet up and running. Washington State has neither voluntary nor mandatory registration.

Data from Israel show that in August 2011 6,000 patients got medicinal cannabis (0.8 patients in 1,000). It is estimated that the number increases to 40,000 in 2016 (5.2 patients in 1,000 citizens).

In Canada 12,116 patients were allowed to use cannabis on 30 September 2011 (0.35 patients in 1,000 citizens).

Numbers of patients using cannabis from the pharmacies in the Netherlands were estimated to be 1,300 in 2010 (0.08 patients in 1,000 citizens). However, many patients in the Netherlands use cannabis from the coffee shops or grow their own.

In Germany about 60 patients are currently allowed to use cannabis for medicinal purposes.

(Sources: Associated Press of 24 March 2012, website of the Israeli Prime Minister of 7 August 2011, UPI of 31 October 2011, Pharmaceutisch Weekblad No. 20, 2011)

**[Editor's note: CA NORML published a white paper last May estimating that California has 750,000 - 1,125,000 citizens who possess a physician's recommendation to use cannabis medicinally.]

by Phillip Smith, March 05, 2012

In a ruling Friday, a Nevada district court judge ruled that the state’s laws for the distribution of medical marijuana were unconstitutional because they seemed designed to thwart their ostensible purpose. The ruling came in the case of two dispensary operators, Nathan Hamilton and Leonard Schwingdorf, who had been charged with drug trafficking for taking money to grow marijuana for patients.

Clark County District Court Judge Donald Mosley dismissed the charges against them, calling the law “ridiculous” and “absurd.” Mosley said he was “not a proponent of medical marijuana,” but that his job was to uphold the state constitution.

“It is apparent to the Court that the statutory scheme set out for the lawful distribution of medical marijuana is either poorly contemplated or purposely constructed to frustrate the implementation of constitutionally mandated access to the substance,” Mosley wrote in his decision.

Voters approved a constitutional amendment allowing patients to use medical marijuana in 2000. That amendment charged the legislature with crafting “appropriate methods for supply of the plant to patients authorized to use it.”

But the legislature didn’t do that. While the law allows patient cardholders to possess and grow small amounts of marijuana, other state laws make it illegal to buy or sell it.

Although a number of dispensaries opened up in Las Vegas, they have vanished now, after police and prosecutors made several dozen arrests of dispensary operators who charged set prices and thus received “consideration.” Such a legal situation was “mind-boggling,” Judge Mosley wrote.

“The law falls short however in providing a realistic manner in which a qualified purchaser and a qualified distributor of marijuana may function, thus frustrating the clear intent of the Nevada Constitutional Amendment,” the judge’s decision read.

Mosley found that disallowing any payment for the marijuana, as well as limiting anyone from possessing more than one what patient can possess, was simply unworkable.

“It is absurd to suppose that from an unspecified source ‘free’ marijuana will be provided to those who are lawfully empowered to receive it,” Mosley wrote. As to the limited amounts, “This arrangement is of course ridiculous and in effect would make impossible any commercial distribution of medical marijuana,” Mosley said.

Another Clark County judge has ruled differently, setting up a showdown over the law at the state Supreme Court. District Judge Douglas Smith denied a motion to dismiss another Las Vegas case even as he acknowledged that the legislature had not adequately addressed “methods of supply of medicinal marijuana to patients authorized to use it.” 

Las Vegas, NV

United States

House Resolution 1983 has been stalled in committee since Last June

HR 1983, the State’s Medical Marijuana Protection Act of 2011, introduced by Rep. Barney Frank (D-MA), explicitly states it will exempt people complying with state medical marijuana laws from federal arrest and prosecution.

Officially titled “To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various states”, the measure also calls for an immediate rescheduling review by the federal government that would reclassify cannabis from Schedule I to Schedule III under the federal Controlled Substances Act, officially recognizing the plant’s accepted medical use and streamlining the federal approval process for medical marijuana research. It is cosponsored by Rep. Jared Polis (D-CO), Rep. Fortney Stark (D-CA). and Dana Rohrabacher (R-CA).

“The time has come for the federal government to stop preempting states’ medical marijuana laws,” Frank said. “For the federal government to come in and supersede state law is a real mistake for those in pain for whom nothing else seems to work. This bill would block the federal prosecution of those patients who reside in those states that allow medical marijuana.”

Sixteen states — Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, Vermont, Washington — and the District of Columbia have enacted laws protecting medical cannabis patients and often their providers from state prosecution. However, in all of these states, patients and providers still face the risk of federal sanction — even when their actions are fully compliant with state law.

Medical cannabis patients should feel safe from federal threats whether they are cultivating their own medicine, picking it up at a dispensary etc. When dispensaries are shut down, or gardens get plowed by the DEA, the real losers are the ill people using medical cannabis in order to treat their conditions. Often times these patients have already paid hundreds of dollars to be registered with the state, only to have the feds squash their efforts. Imagine having your local pharmacy getting shut down, terrorist style, leaving you without safe access to quality medicine. HR 1983 would provide the protection these patients need and deserve.

The time, money, and manpower spent by local, state, and federal authorities, to harass and prosecute medical cannabis patients is staggering, especially considering budget concerns in all parts of the U.S. In many states where medical cannabis laws have been passed, local municipalities have been collecting millions of dollars in taxes. So let’s see, less money out, more money in… HR 1983 absolutely makes sense for community budgets.

In states where dispensaries are allowed to operate, the cost of opening one can be staggering. Regulations in states, such as Colorado, can push the cost into the hundreds of thousands of dollars. This is nothing new, there is always a cost to do business, but the difference between dispensary owners and most business owners is the constant threat of DEA raids and asset forfeiture. These operators are most often good people who really want to be an accepted part of the community, yet the federal government considers them drug dealers using it’s influence to manipulate local governments to go against the will of the voters. Add the legal costs to fight for your right to operate and I wonder how these people are able to stay open? Passing HR 1983 would allow them to fully integrate into communities without constant federal harassment.

The known benefits of medical cannabis are a proven reality and how many more unknown benefits could be discovered if legitimate research could be done openly. Just look to Israel as an example. Since their government loosened the restrictions on cannabis research, a couple real quality studies are in the works. It’s no secret research and development is expensive. Passing this resolution would help entrepreneurs feel far more comfortable about investing capital in cannabis research once they don’t have to worry about the Feds kicking down the door. Imagine if we could isolate each of the hundreds of psychoactive components contained in the cannabis plant and test each one for potential ways to treat incurable diseases and conditions. Do we really want all this work to be done overseas? What about all the potential high paying research jobs this could create? H. R. 1983 would help make cannabis safer and create jobs here in the United States.

As a cannabis law reform and legalization advocate, I can appreciate what enacting this resolution has to offer. I personally see the biggest hurdle for marijuana law reform as breaking the decades old negative stereotypes created by the government propaganda machine. If people where allowed to use medical cannabis and the public saw crime rates fall and heard miracle cancer stories, maybe it could change their perceptions. Additionally, many people who use medical cannabis recreationally might actually be using it for medical reasons and just don’t know they are. Depression, anxiety, and other conditions often go undiagnosed, often leaving people to “self-medicate” on their own.

Bottom line, this bill doesn’t have many glaring problems and if your state doesn’t have a medical cannabis law, then it doesn’t really effect you anyway. The bill is currently in the House Committee on Energy and Commerce, chaired by Rep. Frederick Upton; it was assigned to the Subcommittee on Health and hasn’t budged since. Contact your congressman and tell them to co-sponsor the States’ Medical Marijuana Patient Protection Act now!

Here’s a great video from friend of the blog, Jay Selthofner talking about HR 1983

And here’s a link to the full text of the bill:

Published: December 13, 2011 3:33 AM
By The Associated Press

LAS VEGAS, NV — – (Marketwire) — 12/13/11 — Marijuana, Inc. (PINKSHEETS: HEMP) is proud to announce the first event covered by MarijuanaIncTV LIVE as its film crew documented The Art of Mary Jane Magazine/Cash Hyde Foundation well attended Fundraiser held at actor and filmmaker Sean Cook’s Bel Air, California estate, on Saturday, Dec. 10, 2011.

In depth coverage of the event will be made available at www.marijuanainc.tv (site under construction). Industry insiders, notably actor and comedian Tommy Chong, arrived from across the country to embrace and contribute to the cause of the nation’s youngest medical marijuana patient, Cash Hyde, who was diagnosed with stage 4 brain cancer when he was only two years old.

Cash, now four, has responded well to a cannabis protocol designed to help ease recovery from ongoing radiation treatments, a scenario where traditional medicines had been ineffective. The Hyde family decided on the use of cannabis for their child after weeks of watching his body failing.

Father Mike Hyde stated that the cannabis protocol has dramatically improved Cash’s ability to eat, sleep and regain bodily function. Marijuana Inc.’s philanthropic commitment to the Cash Hyde Fund for Cancer Awareness was emphasized by a Platinum level donation to the event, and continues following an initial stock donation, with ongoing monthly donations through the calendar year of 2012.

Marijuana, Inc.’s contribution did not end with the stock donation; they also gifted over 100 “King of Pot” half ounce silver commemorative coins for attendees’ gift bags. Marijuana, Inc.’s CEO, Bruce Perlowin, stated, “We wanted to help make the event a success not only for Cashy but to bring awareness of the benefits of medical marijuana to cancer patients nationwide. We put people first — profits second as our corporate culture, and by leading by example we can make a difference. Through our friends, The Art of Mary Jane Magazine, Tommy Chong, Sean Cook and everyone who took the time to attend and participate in the silent auction at the event, we brought new attention and funding for Cash’s fight for life.”

For more information on the Cash Hyde Fund for Cancer Awareness, The Art of Mary Jane Magazine and the Cash Hyde event, please see the following links: http://www.cashhydefoundation.com, www.maryjaneevents.com, http://www.ktvq.com/news/cancer-returns-to-cash-hyde

ABOUT MARIJUANA, INC.

Marijuana, Inc.’s (PINKSHEETS: HEMP) focus is on the peripheral businesses created by the quickly emerging, and growing, multibillion dollar medical marijuana and hemp industries. Marijuana, Inc. (PINKSHEETS: HEMP) is not involved in the cultivation or marketing of medical marijuana. It is the company’s belief that legalization on a federal level will one day occur for all 50 states. With that in mind, the company’s infrastructure is building, with the potential to gain substantial market share once that occurs. (Pending any federal licensing or other requirements, that may be enacted after marijuana prohibition ends).

FORWARD-LOOKING DISCLAIMER

This press release may contain certain forward-looking statements and information, as defined within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, and is subject to the Safe Harbor created by those sections. This material contains statements about expected future events and/or financial results that are forward-looking in nature and subject to risks and uncertainties. Such forward-looking statements by definition involve risks, uncertainties and other factors, which may cause the actual results, performance or achievements of Marijuana, Inc. to be materially different from the statements made herein.

FOR FURTHER INFORMATION ON MARIJUANA, INC. (HEMP.PK) SEE: www.marijuanainc.tv www.Kushclear.com www.ecoharmonycard.com www.BrucePerlowin.com (sites under construction) TO CONTACT MARIJUANA, INC.: info@marijuanainc.tv (877) 221-8351

Copyright 2011 The Associated Press. All rights reserved.

Attorneys to present arguments concerning whether the law is too vague

By Dave Toplikar

Monday, Oct. 10, 2011 | 1:19 p.m.

If you’re keeping track of what’s happening in the legal battles over the validity of Nevada’s marijuana laws, mark your calendar for Nov. 9.

“That’s going to be the showdown at the O.K. Corral,” said John Turco, an attorney who hopes to shoot down attempts by Nevada law enforcement to bring his clients, and several others, to trial for running medical marijuana dispensaries in Las Vegas.

Specifically, Clark County District Judge Donald Mosley today set Nov. 9 as the date he will hear arguments from the district attorney and from Turco and his law partner, Robert Draskovitch, concerning their motions that the state’s law is vague and the grand jury charges against their clients should be thrown out.

Leonard Schwingdorf and Nathan Hamilton operated Sin City Co-op, a medical marijuana dispensary that was raided by state authorities in July as a drug-trafficking organization.

The pair were among several people who have been indicted in the last year as a result of law enforcement crackdowns on co-ops that have been formed to provide marijuana for those who have medical cards that say they can possess it.

The co-ops, based on similar ones in California, were set up as a way to deal with a constitutional amendment approved by voters in 2000, which allows those who need pot for medical purposes, such as to alleviate pain, to possess it and grow their own in small amounts. However, the law does not provide a way for them to legally obtain it otherwise.

The co-op organizers say they set up the dispensaries to accept donations to provide members with marijuana. However, prosecutors say the donation is really a sale, which is against state and federal laws.

The judge set the trial for Schwingdorf and Hamilton for 1:30 p.m. May 7. Judge Mosley had planned to hear their attorneys’ motion to dismiss the case today. However, prosecutors have filed an opposition to that motion and the defendants have not had time to reply to that motion, Turco told the judge.

“We wanted to make sure that we filed a quality reply because they made some assertions that we didn’t agree with,” Turco said. “We’re going to file that reply … and then we’re going to argue on Nov. 9 for all the marbles.”

Mosley is being asked to rule on the clarity of the law — which he already has indicated was vague. During an earlier hearing, according to a Las Vegas Review-Journal report, Mosley said he couldn’t make sense of the state’s medical marijuana laws and that the Legislature should decide whether it is legal.

“It’s very confusing,” Turco said later this afternoon outside of court. “The question is ‘Can a person of average intelligence understand this law? What’s legal and what’s not?’ And I think there are real questions about how individuals with medical marijuana cards are able to obtain the medical marijuana.”

Turco said his argument is that it’s so confusing that it’s not constitutional.

“It can’t stand up,” he said. “It’s my position that my client didn’t do anything wrong. And if he did, he didn’t know what it was.”

Turco said Mosley has indicated he was confused by the law.

“It didn’t sound like he understood the distribution system any better than anybody,” Turco said. “It’s utterly confusing.”

Turco said he eventually expects the state’s Supreme Court to take up the matter.

If Mosley rules in favor of the defendants and dismisses their case, the district attorney’s office is expected appeal the case to the higher court, he said.

Besides representing Hamilton in this case, Draskovitch also represents one of six defendants in a different marijuana dispensary case, involving Jolly Green Meds, before District Judge Doug Smith.

In late September, Smith rejected a similar motion that the case be dismissed, saying the state’s medical marijuana laws aren’t too vague.