Feature Archives

Update 6/8/05: Compassionate Caregivers closed down voluntarily for the day, not due to a notice from the DEA.

On June 7th, protests and vigils were held in cities all over California to oppose Monday's Supreme Court decision against medical marijuana. Medical cannabis patients and advocates gathered in front of the Federal court building in Sacramento to urge Congress to pass the Hinchey-Rohrabacher Amendment to the Justice Appropriations bill. The question of states' rights versus having a strong federal government was clearly on protesters' minds. Photos People also gathered in Santa Cruz, Santa Rosa, and San Francisco (Photos)-- in the latter two cities, candlelight vigils were held to honor medical cannabis patients’ struggle for safe access to medicine, and to memorialize the people who will die because of the federal government’s refusal to recognize cannabis as medicine.

Protesters in Sacramento pointed out that the Supreme Court Decision does NOT affect the medical marijuana voters’ initiatives in any way. Legally, patients are in the exact same place they were in before the Ninth Circuit decision, state law can exist in conflict with federal law. Politically, the Justices have now joined patients, doctors, medical associations, 80% of Americans and policy makers in urging Congress and the FDA to reschedule marijuana. They also said that according to the Attorney General of California, state courts can only consider state law when dealing with medical marijuana. Marijuana advocates pointed out that the decision does not say the federal government MUST prosecute patients.

Angel Raich's supporters are encouraging people to attend noontime demonstrations at U.S. representatives' local district offices at noon on Wednesday, June 8th, exactly 50 hours after the announcement of the Court’s decision. A host of medical marijuana groups and activists will come together all over the country to tell Congress to stand up for patients. Demonstrators will be urging the U.S. House of Representatives to pass the Hinchey-Rohrabacher amendment to the Science, State, Justice, and Commerce Appropriations bill, which would bar the DEA from spending any funds to raid, arrest, or prosecute patients using medical marijuana in compliance with state laws. People are also urged to call their representative and urge their support of the Amendment.

Raich Action Website

The US Supreme Court today ruled against Angel Raich and Diane Monson in their medical marijuana case. This means that the federal government can continue arresting patients who are using medical marijuana legally under state law. However, according to a statement from the Marijuana Policy Project, the decision did not overturn the medical marijuana laws in 10 states that protect patients from arrest by state and local police. The nation's highest court said that it is Congress, not the Court, who would have the jurisdiction to change federal law to protect medical marijuana patients from arrest.

In its majority opinion against Raich and Monson, the Court issued a significant word of warning about the wisdom of current federal laws: "The case is made difficult by respondents' strong arguments that they will suffer irreparable harm because, despite a congressional finding to the contrary, marijuana does have valid therapeutic purposes. The question before us, however, is not whether it is wise to enforce the statute in these circumstances; rather, it is whether Congress' power to regulate interstate markets for medicinal substances encompasses the portions of those markets that are supplied with drugs produced and consumed locally." California NORML says in response, "The DEA and federal law enforcement officials would be well advised to heed this caution before rushing to enforce their bankrupt federal law."

Read the decision | NORML Statement | Angel Raich's website | Indybay's 12/23/04 coverage of DMV harassment of Diane Monson | Indybay coverage of 11/29 court appearance | 11/21 coverage | Indybay coverage of 9th circuit decision

San Francisco's 6th Annual Cannabis Day took place on Saturday, May 7th in Civic Center Plaza. Photos: 1 | 2 | 3 Musicians for Medical Marijuana was the headlining band, with Bay Area all-stars including Alphabet Soup and members of the Sons of Champlin. The event also included marijuana luminaries such as Mistress of Ceremonies Robyn Few, Dale Gieringer of CalNORML, Jack Herer, Eddy and Linda Lepp, Dennis Peron, Ed Rosenthal, and representatives of organizations such as Americans for Safe Access, the Mendocino Patients' Alliance, Drug Policy Alliance, and more. Dozens of vendor tables were set up around the plaza. Attendance this year seemed to be down a bit from last year. Photos from Cannabis Freedom Day 2004: 1 | 2 | 3 | San Francisco Cannabis Day Website | Audio Public Service Announcement

A San Francisco Patient Neighborhood Alliance Town Hall was held on Monday, April 18th from 6-9pm at the First Unitarian Universalist Church, in San Francisco. Report In light of popular demand for input by both patient and neighborhood groups, San Francisco Americans for Safe Access, Patient Health Defense, and Hempevolution sponsored this event, which was seen as very timely given recent efforts to unify the community in the dispensary regulation process. Americans for Safe Access asked that people RSVP if they planned to attend, and that they review the agenda in advance so they would be able to discuss the issues in a productive manner. Americans for Safe Access also says that it has info about regulation ordinances in other counties on its website.

Town Hall Flyer | Hemp Evolution website

The Transportation and Planning Committee of Alameda County's Board of Supervisors will began hearings on a proposed ordinance to regulate medical marijuana dispensaries in the unincorporated areas of the county on Monday, April 11th at 2 PM in the Board's chambers. There has been an ongoing debate between the supervisors and the sheriff about how many dispensaries the county should permit and what kind of guidelines to use to frame operation of such dispensaries.

The issue of dispensaries in the unincorporated areas of the county heated up last October when the San Leandro Homeowners' Association complained about the dispensaries in unincorporated areas. At the Board of Supes meeting, all of the concerned neighbors who were speaking about problems acknowledged that cannabis is medicine and that patients have the right to safe access. They seemed primarily concerned that seven clubs had sprung up in a small region of the county. A moratorium on the opening of marijuana dispensaries in the unincorporated areas was put into place on October 26, 2004. Read more in an 11/1 update | 2/25/05 Update

The discussion about the medical marijuana dispensary coops and collectives led to the San Leandro city council declaring a moratorium on dispensaries. Although there are no dispensaries currently in San Leandro, the dispensaries near San Leandro are on county roads. Americans for Safe Access reported that the San Leandro moratorium was not likely to be resolved until after the County has resolved their moratorium.

The Oakland City Council Public Safety Committee began to hold hearings on a report by the City Administrator that analyzes the first seven months of Oakland's medical cannabis dispensary ordinance on Tuesday, April 12th, at 7:30 PM at City Hall. In February, 2004 the Oakland City Council passed an ordinance that regulates medical cannabis dispensaries. This ordinance limits the number of clubs in the city to four, bans on-site consumption, and stipulates that dispensaries may only operate between 7am-9pm. Americans for Safe Access and other patient advocates urged supporters to attend and express their dissatisfaction with the current ordinance, in particular the ban on on-site consumption and the city-wide limit of four clubs. People were asked to call their city council member with feedback before the meeting.

Talking points about the report and contact info for Oakland City Council Members

3/29/05: The San Francisco Board of Supervisors voted 9-0 today in support of a moratorium on the opening of new marijuana dispensaries. After the negative press that marijuana dispensaries have gotten in the last several weeks, some people have seen this outcome as inevitable. Hemp Evolution and Indybay reporter Freeman said, "What was surprising was the large number of medical cannabis supporters who spoke in favor of the moratorium in light of the City's attempt to restrict safe access to medical cannabis, and were all too willing to accept increased regulation by the City. A handful of patients spoke out against the moratorium on the basis that it will limit access and drive patients into the black market." Report and Photo

The resolution, which was sponsored by District 5 Supervisor Ross Mirkarimi, calls for a forty-five day initial moratorium that could be extended, until permanent means can be put in place to limit the proliferation of dispensaries. The media storm around the opening of a new dispensary in the same building as a residential hotel where many recovering addicts live led to the realization that there are over 35 marijuana dispensaries in San Francisco. A Land Use Committee hearing will reportedly be held at City Hall's Room 263 on April 25th at 2 PM to address the regulation of cannabis dispensaries. Read more
Earlier in the day, Freeman reported that there was a meeting sponsored by Capt. Dennis O'Leary of the Southern Station of the SFPD. Head Narc, Capt. Tim Hettrich and old friend, Sgt. Marty Halloran [the SFPD dispensary inspector] were there. Representatives from Supervisor Daly's office, the DA's office, the City Attorney's office and the Planning Dept. were also in attendance. All present seemed to be in agreement that there are many issues dispensaries and SOMA residents need to discuss in order to improve area quality of life, while serving the needs of the many patients seeking compassion from MendoHealing and other neighborhood dispensaries. More