COLORADO MEDICAL MARIJUANA Religion and Pot in trial today in Georgetown

Trial of Trevor Douglas
Religious Use of Cannabis Case Heads to Trial in Georgetown, Colorado

Trevor Douglas, a 25-year-old Avon, Colorado resident, is fighting his charges of marijuana possession based on his religious use of cannabis as a sacrament. His case goes to trial on Tuesday, March 9, 2010, in the Clear Creek Courthouse at 2pm.

Trevor was pulled over for having an expired vehicle registration in Clear Creek County in August 2009. The deputy claimed he smelled cannabis in the vehicle. Trevor admitted that there was some aromatic cannabis inside the vehicle, and voluntarily gave it to the officer. Trevor explained to the officer that he uses cannabis for religious purposes.

Trevor is a member of the Church of Universal Sacraments as well as the The Hawai`i Cannabis Ministry in Hilo, HI. Both of these organizations mandate the use of cannabis as part of their religion.

Click here to see the letter sent by THC Ministry founder Roger Christie on behalf of Trevor Douglas.
http://www.thc-ministry.org/images/trevor/roger.letter.trevor.pdf

Trevor admits that he was guilty of having expired registration and had it immediately renewed after his citation. However, he will defend himself against the charges of possession of less than 1 ounce of marijuana and for possession of paraphernalia. Trevor uses cannabis religiously and believes that both acts should be protected by the Constitution.

Cannabis has been used for centuries as Cannabis has been used for millennia as a sacrament by spiritual seekers & is the original sacrament of Hebrew, Muslim, Christian, Hindu, Shinto, Buddhist, Rasta and more. Religious freedom is protected by the First Amendment to the U.S. Constitution. The Colorado Constitution actually has stronger protections for religious freedom, explicitly protecting all religious “methods of worship.”

In a statement to the Court, Trevor wrote:

“The religious use of cannabis is mandated by my god, just as wine and bread are used by Christians or peyote used by Indians. Cannabis has been used by my family for generations for prayer, communion, healing and spiritual enlightenment. My religion is that of my fathers. My religious beliefs are protected by our Constitution and the Church ID I showed Trooper Graham clearly states so. I own and operate an Organic Meat Distribution Company in Vail, CO and work as a Electronic System Technician. I have a very good record as a citizen and try to give back to my community in every way. These charges are a clear violation of my first amendment rights and I request that they be dismissed.”

Click here to read the full statement:
http://www.thc-ministry.org/images/trevor/trevor.statement.pdf

Trevor feels so strongly about his beliefs that he is taking his case to trial. He missed the deadline to pay his $25 jury fee, so he will be tried by the Honorable Judge Rachel J. Olguin-Fresquez. Trevor cannot afford an attorney, so he is representing himself.

Trial of Trevor Douglas

Tuesday, March 6

2:00pm

Clear Creek County Court
405 Argentine
Georgetown CO 80444
Courthouse Phone: 303-679-4220

Supporters of religious cannabis use are invited to the trial to help support Trevor as he makes his stand about his religious beliefs.

For more information, contact:

Roger Christie, THC Ministry, Hilo, HI
(808) 217-9352
Email: info@thc-ministry.org

CCMR Community Update!

We have lots of updates to share today, and expect no shortage of news throughout the week. In this newsletter, we’ll cover the following:

• Rep. Massey’s Dispensary Regulations Bill (HB10-1284)
• New CMMR fundraising initiatives
• Redesigned CMMR website
• Upcoming meetings and events

Rep. Massey’s Dispensary Regulations Bill

On Thursday, the Judiciary Committee of the House of Representatives will officially begin hearing Rep. Massey’s Dispensary Regulations Bill (HB10-1284). There has been a lot of activity since this bill was officially released, and we expect the committee to recommend a number of changes. I expect to have a draft of those changes shortly, and will send out an analysis of the changes as soon as possible. Among the changes we expect are the removal of non-profit requirements, greatly reduced advertising restrictions, a class of license for manufacturers of edibles, tinctures and other products, and an increase in the amount of medicine dispensaries can purchase from other dispensaries. The proposed changes will almost certainly not go as far as we would like to fix this bill, but they will provide a much better starting point for debate in the House and Senate.

CMMR will be testifying before the Judiciary Committee on Thursday, and we urge our supporters to show their support during this hearing. For those who wish to attend, please remember to dress and act professionally while at the capital. After months of speculation and reporting on these new regulations, we expect the media and public to be watching these proceedings very closely. At every step of this process, our cause has been most advanced when our supporters have demonstrated that we are responsible business owners much like any other industry and we deserving of similar respect from our elected officials. For those who don’t wish to attend the hearing, please help us get out our message. Please plan to take 30 minutes and call or email your state House and Senate representatives. Thank them for taking up the issue of reasonable medical marijuana regulation, and offer to speak with them if they ever have questions about our industry. Over the coming weeks every one of our Representatives and Senators will have a chance to vote for or against reasonable regulations, and they will each have the opportunity to debate changes proposed to these regulations. Rep. Massey’s HB1284 and Senator Romer’s SB109 offer the first chance for our officials to vote, on the record, for or against Medical Marijuana business regulations and we are all very interested in seeing how they vote. HB1284 is not likely to be the only time that medical marijuana regulations come up for debate and we are all best served by introducing ourselves, our businesses and our patients to these officials now.

New CMMR Fundraisers!

Today, I am excited to announce 2 new fundraisers to support CMMR!

Full Spectrum Labs Fundraiser for CMMR:

As many of you know, Full Spectrum Laboratories recently was the subject of a DEA raid and had all their testing samples and standardization materials confiscated. Although none of their lab equipment was taken, they did lose all the materials they use to properly calibrate the machines before a sample is tested. Full Spectrum has been working full-steam over the last few weeks to get back up and running, and are now 100% back online. To demonstrate their support of CMMR and the reasonable regulations we advocate, Full Spectrum has offered to donate $10 to CMMR for every test purchased in the month of March. In addition, they are offering a discount of 10% on all tests sold during this period. Many of Full Spectrum’s dispensary partners are also offering additional donations to CMMR for each test sold. Please help support safe medicine for our patients and reasonable regulations for Colorado’s medical marijuana supply chain by having your medicine tested.

For details on this promotion, or to find an authorized Full Spectrum dispensary partner, please visit www.FullSpectrumLaboratories.com or email sales@fullspectrumlaboratories.com.

All March Profits From Granny T’s Edibles Donated to CMMR

CMMR is also excited to announce a new promotion offered by Granny T’s edibles to all CMMR supporters. During the month of March, Granny T’s will donate all profits from their edibles to CMMR and will stock these products in the dispensaries of our supporters. Granny T’s was co-founded by CMMR Treasurer Stacey Vilos-Fauth and is named in honor of her late grandmother. Stacey has been a strong supporter of CMMR and is excited to offer this promotion to our supporters. I have attached a copy of Granny T’s promotional materials to this email with more details on the products available and how to stock them in your store.

Please contact stacey@commr.org with any questions about this promotion.

February/March CMMR Donations

For those of you who have made monthly commitments to support CMMR, please contact Stacey Vilos-Fauth at stacey@commr.org to arrange payment. We are moving forward strongly with our message of reasonable regulations and we need to make sure this organization can continue this work. If you would like to make a donation to CMMR, please visit our website or email Mandi Murphy (mandi@commr.org) for details.

Redesigned CMMR Website

You’ve all heard me talking about this for weeks, but the new CMMR website is FINALLY ready to go-live. Our programmer is putting on the finishing touches and we expect it to be live Wednesday. As a part of the new homepage, we have a large picture window where we would like to scroll pictures of the patients and providers that support CMMR. If you would like to have you or your dispensary included in this area, please send your picture to Mandi at mandi@commr.org. We will be selecting pictures submitted by those who have supported CMMR by the end of TODAY, so please get your pictures sent quickly.

Also, we’ve added a couple new email newsletter lists to help better keep people informed. At the bottom of this email is a link to “To update your preferences and to unsubscribe.” Please take a minute to click on this link and verify that you are signed up for the right newsletters.

Upcoming Meetings and Events

We have had great turnout to the various informational meetings CMMR has held the last few months, but no matter when or where we plan the meetings there are always a number of people who simply cannot attend. We expect a number of important developments over the next few days and it isn’t always feasible to organize these large meetings on short-notice. So, to update as many of you at once, I will be conducting more of the online Q&A sessions on UStream.com. Ustream allows me to broadcast a live online video feed to all our supporters, and lets all of you type in questions that you would like answered. When I held these sessions after Rep. Massey first released his bill we had a great turnout and I received a lot of very positive feedback on how helpful this format is.

The first of these Q&A sessions will be held on Wednesday March 3 at Noon. If you cannot view the Q&A while it is being broadcasted, UStream offers a replay of the video through the same link. To view or participate, please visit:

http://www.ustream.tv/channel/cmmr-dispensary-bill-q-a-session

When Sen Romer’s SB109 was working it’s way through the Senate, we frequently heard that people were not aware of the various changes being proposed and voted on. Several people were surprised when they learned that various changes had already been adopted days earlier. Often we don’t receive hard copies of the various amendments up for debate, but our lobbying team are at these committee meetings keeping careful notes of the changes being discussed. To help you better understand what’s happening, I will plan to hold a similar Q&A session each day that the House or Senate are debating changes or voting on these regulations. At the end of each day, I debrief with our lobbyists on what’s happening and I will plan to hold 6pm UStream status meetings to share this information with all of our supporters. Once you are registered with UStream, they will automatically update you as these meetings are scheduled.

Thank you to all our supporters and I look forward to keeping you updated over the next several days as more devolopments occur!

————
Matt Brown
Executive Director
Coloradans for Medical Marijuana Regulation

matt@commr.org
www.commr.org

********** “Federalism promotes innovation by allowing for the possibility that ‘a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country…’” ~ Justice Sandra Day O’Connor, dissenting opinion in Gonzales v Raich

Medical Marijuana Case Verdict May Set Future Precedent

A Pueblo jury’s verdict may have set a precedent when it comes to how many plants licensed caregivers and users of medical marijuana are allowed to grow. The exception to the rule comes with a doctor’s note recommending the patient be allowed to exceed the limit based on medical need.

It all stems from the 2007 arrest of Tom Sexton. Sexton’s property near Beulah was raided by the authorities and 128 marijuana plants were seized. At the time Sexton produced certificates stating he had the legal right to grow plants for several patients, all of them other legal medicinal users. But the number of people and the number of plants didn’t add up, so he was charged with cultivating and possession of marijuana.

Fast forward to February 2010, Sexton’s court case finally is put in front of a jury, and for a week the prosecution and defense argue their case. During the week the jury heard emotional and at times passionate stories of patients who used marijuana for medicinal purposes. The jury was then called in on Saturday (because the courts would be closed Monday for a holiday) to deliberate on the matter. Nearly eight hours later they returned with a verdict.

Sexton was found guilty of possession, but not guilty of cultivation. The defense says the verdict is a major victory. “This is a jury that really saw through the issues. And the message that they sent was, the government cannot interfere with patients and caregivers that are lawfully growing their medicine,” says Sexton’s lawyer Karl Tameler.

Read the entire story at KKTV! [here]

*Protest Against HB1284*

Thursday, March 4, 2010

*12:00PM: Rally on the West Steps of the Capitol, 200 E. Colfax

*1:30PM Join us as at the House Judiciary Committee Hearing on HB1284 in
the Old Supreme Court Chambers on the second floor of
the Capitol to show our opposition to the bill.

HB1284 would create an unnecessary state bureaucracy, raise patients’
costs, and restrict their access to medicine “My clients’ lives literally
depend on their access to medicine, and we will fight any government
proposal that would restrict supply and raise costs, such as this
proposal,” says attorney Robert J. Corry

Sponsored by: Mile High NORML, the Denver 420 Rally, the Cannabis Therapy
Institute, the Colorado420 Coalition, Rocky Mountain Caregivers
Cooperative, and the Colorado Coalition for Patients and Caregivers (CCPC)

Speakers:
12:00PM Rob Corry, Cannabis Crusader and Defense Attorney
12:20PM Dr. Robert Melamede, Assoc. Professor at UCCS, CEO of Cannabis
Science Inc.
12:40PM Miguel Lopez, Executive Director of Denver’s annual 4/20 Rally
1:00PM Robert Chase, Founder of CCPC

ACTION
1:30PM Join us as at the House Judiciary Committee Hearing on HB1284 in the
Old Supreme Court Chambers on the second floor of the Capitol to show our
opposition to the bill.

Contact the House Judiciary Committee
If you can’t come to testify in person, click here to get contact info. for
the House Judiciary Committee:
http://www.cannabistherapyinstitute.com/bills/hb1284.html

Audio and Video Broadcasts
If you can’t come to these public hearings, there are video and audio
broadcasts of most of them, available through the Colorado Channel.
http://www.coloradochannel.net/

Press Contacts:
Mile High NORML
Scott Greene 720-495-0766:  scott@milehighnorml.org
Miguel Lopez 720-338-8766:  mpedrolopez@yahoo.com

—
Provided as a Public Service by the:
Cannabis Therapy Institute
P.O. Box 19084, Boulder, CO 80308
Phone: 877-420-4205
Email: info@cannabistherapyinstitute.com
Web: http://www.cannabistherapyinstitute.com

Gray areas on green medicine addressed

By JEFF TUCKER
THE PUEBLO CHIEFTAIN

Over the past two weeks, the owner of Medimar Ministries has wrestled with the ambiguity of Colorado’s medical marijuana law.

During a public meeting Friday at Medimar’s Pueblo location it became apparent that Tom Sexton isn’t the only one.

Roughly 100 people sat in on nearly two hours of discussion about the legal gray areas of the law, and Sexton’s attorney, Karl Tameler, tried to answer as many questions as possible.

Tameler also emphasized throughout the evening that the medical marijuana law is a state law, and that marijuana is still considered an illegal drug by the federal government.

The bottom line was that if medical marijuana patients or their caregivers want to remain within the state’s exception on marijuana, they can’t possess more than 2 ounces or more than six plants with three that are mature, flowering marijuana plants.  From there, protections become less concrete, Tameler said.

Read the entire article [here]

Tell the world what you think about this Issue!

NPR wants your opinion !

National Public Radio wants to know how you might be affected by regulations http://lnk.ms/688D5

Medical marijuana dispensary postpones opening

Medimar owners will wait until the law on marijuana is clear.
By JEFF TUCKER
THE PUEBLO CHIEFTAIN
February 19, 2010 04:09 am
A medical marijuana outlet in Pueblo has reversed its stance on a city moratorium on dispensaries and will not open to the public.

Tom Sexton said Thursday that he will abide by the city’s moratorium and hold off opening Medimar Ministries until after city officials establish land use and other regulations to apply toward dispensaries.

“We are still cooperating with the city by not opening to the public until we have gotten clear direction,” Sexton said. “But the dispensary is bigger than just me and we will continue to serve our patients quietly and privately.”

Sexton had sent a letter to the city in January informing administrators and the City Council he intended to open in a few weeks.

But the dispensary has remained a private cooperative of caregivers providing medical marijuana, advice and other therapies to their patients only.

“We support the city taking as long as it’s going to take and we’re grateful to them for allowing us to operate quietly,” Sexton said.

The city’s moratorium on dispensaries is in place until June.

Sexton said the decision on the Pueblo store wasn’t linked to the split verdict in his marijuana possession and cultivation case.

On Saturday, a jury found Sexton innocent of cultivating marijuana but guilty of possessing it.

Detectives raided Sexton’s Siloam Road property in August 2007 and removed 128 plants from his garden.

Sexton has maintained he was growing the plants for his own medicinal use and that of his clients and provided at least six medical marijuana registry cards to sheriff’s detectives to support his claim.

The crucial points of the case were whether Sexton and two of his clients were justified in possessing more than the state’s six-plant, 2-ounce limit and whether Sexton’s activities as a caregiver fit the state’s definition.

State law allows patients and their caregivers to raise an affirmative defense that their possession of marijuana in amounts beyond the limit is medically justified.

But a reoccurring theme during the case was that the law’s language is vague.

A primary caregiver is defined as a person at least 18 years old, neither the patient nor patient’s physician and who provides “significant responsibility for managing the well-being” of the patient.

Prosecutors tried to paint Sexton and the other caregivers growing on his property, along with their patients, as more of a social group that met occasionally.

Sexton and others testified that their care extended beyond providing medical marijuana and marijuana products. They said they also provided advice on alternative therapies and treatments.

Sexton and his clients said the raised plant counts for three patients were necessary because more plant material is needed to produce the lotions, tinctures and edibles they use for treatment.

Read the entire story [here]

Annual Causes of Death in the United States

DEA: Colorado Marijuana Dispensaries Are Illegal

HIGHLANDS RANCH, Colo. (AP) ―  The top Drug Enforcement Administration officer in Denver says marijuana dispensaries that are popping up across the state are illegal.

Federal agents raided the home of a marijuana grower who spoke publicly about his large and profitable operation in his basement. DEA agents arrested Chris Bartkowicz at his Highlands Ranch home Friday during a raid in which agents seized dozens of marijuana plants.

Denver DEA Special Agent in Charge Jeffrey Sweetin says marijuana is not medicine and is still illegal under federal law. Sweetin said he’s been gathering information on dispensary owners and their operations for months.

Read the entire story [here]

Split Verdict In Medical Marijuana Case Creates More Questions

By Sean Hauser
s.hauser@krdo.com

PUEBLO – A jury came up with an interesting verdict in the case against a man who had over 100 medical marijuana plants seized from his home in Beulah last year.

Local dispensary owner and medical marijuana used, Tom Sexton was found innocent of cultivating marijuana, but guilty of possessing it.  Sexton and his lawyer say the lesser charge is a victory, but that doesn’t mean they understand it themselves.

“The issues surrounding medical marijuana are complex,” said Denver Mayor and Gubernatorial candidate, John Hickenlooper Monday.  At a campaign stop in Pueblo Hickenlooper admitted that there’s no clear direction the state has been able to take on the medical marijuana issue.

“I think it’s medically used appropriately,” he said.  “But how do we make sure its it’s not abused, kids aren’t using it and that were not creating a black market.  Obviously local communities are going to begin doing that, but I think states also have to step forward with the framework,” Hickenlooper explained.

But until that framework is complete, the confusion continues.  Sexton says he considers his case a step forward in the overall big picture of medical marijuana in Colorado.  Even though right now, it creates more questions than answers.

Read the full story at Chanel 13 News [here]

Medimar Ministry Declares Victory

Although disappointed with any guilty verdict, the cultivation charge was the most serious and Tom was acquitted of that charge. This sets up an interesting judicial delima. For one charge can not exist with out the other. How can you be allowed to grow plants and not posses them?  And given the gross misconduct by the officers during the investigation and the one sided ruling from the bench, there will be plenty of opportunity for further education and further opportunity for the patience rights to come out.

We all feel very confident that the truth will come to light and the wishes of the people of Colorado will be heard. It will just be heard at a higher level, which is very good. The governments actions will come to light. They are trying everything the can to try and stop medical marijuana, and we can expect some bumps along the way. But the will of the people will be heard, and next time it will be heard by people a lot closer to the constitution.

Pot case gets split verdicts

By JEFF TUCKER
THE PUEBLO CHIEFTAIN
A Pueblo jury took nearly eight hours Saturday to decide that a Beulah marijuana farmer was innocent of cultivating marijuana, but guilty of possessing it.

The 12 men and women were asked to settle the question of whether Thomas Sexton, 55, was legally growing 128 marijuana plants on his property off Siloam Road or whether he used the vague language of Colorado’s medical marijuana law to manipulate the system into getting a higher plant count.

The past week was filled with testimony about the legality of medical marijuana, the botany behind growing the plant and a growing body of scientific evidence suggesting marijuana is useful for many ailments.

But for advocates looking to the Sexton case as a test for Amendment 20, they may have to look elsewhere.

“I think in regard to the medical marijuana law, there is so little guidance for somebody who chooses to use medicinal marijuana and cultivate it, it’s almost a setup for failure for anybody who sticks their neck out and tries,” said Sexton’s attorney, Karl Tameler.  Sexton expressed his own frustration, noting that he’s followed every piece of legal advice he’s given to stay within the law.

Read the Entire story [here]

Jury deliberates medicinal marijuana case

By JEFF TUCKER
THE PUEBLO CHIEFTAIN

A Pueblo jury will begin its deliberations this morning in a marijuana cultivation and possession trial that could serve as a test of Colorado’s medical marijuana law.

Jurors were asked Friday to determine if Thomas Sexton, 55, was within his rights to raise 128 plants on his Siloam Road property near Beulah or if he used vague language in the state’s constitutional amendment to manipulate the system to get more plants than needed.

Prosecutors Anthony Marzavas and Steve Jones argued that he did the latter and brought Dr. Peter Grigg’s testimony before the jury Friday.

Grigg testified in court earlier in the week, but District Judge David Crockenberg ruled that his testimony would violate the doctor-patient privilege and didn’t allow the jury to hear it.

On Friday, Sexton’s own testimony opened the door.  Sexton told the court that he fractured his right leg in a skiing accident in 2004. He said he uses medicinal marijuana to ease the pain caused by the metal plates and braces screwed into his right femur to keep the bone in one piece.

By testifying about his medical condition, Crockenberg ruled Sexton waived his privilege, and Grigg was able to

speak about the way he came to know Sexton and recommend the extended plant count to him, Robert Love and Angeline Medina.

Under Colorado law, patients with valid medical marijuana registry cards are allowed up to 2 ounces of marijuana or six plants.

Under an “affirmative defense,” the law allows patients and their caregivers to possess more than that amount if there is a clearly demonstrated medical need.

Read the entire story [here]

Trial – Day Two

Everyone reported a very emotional day yesterday. As I found out,  just walking into that court room is nerve racking. And knowing your life and the lives of those you love are on the line, just amplifies the unease.

It was the defense’s  day in court on Thursday. They opened up with an expert witness. Unlike the prosecutions expert witness, Dana Mae has been growing Medical Marijuana for over 40 years. The officer the day before had been to a three day class where he became an expert in Heroin, Cocaine (rock and power), Pharmaceuticals, MDMA, their common methods of intake, concealment and how to safely dispose of them and handle for evidence. Unlike his counterpart, Dana Mae he was able to explain a great number of thing about the science of growing Medicine.  He was able to explain the difference in Indica and Sativa and how that might affect a garden and when the plant would be usable.

The jury heard how and what it really takes to harvest a marijuana plant for Medical purposes. How and when you can harvest a plant. They also heard how it was not possible that all of those 128 plants were in a mature state as claimed by the Officer.

He pronounced their box of “Medical Grade Marijuana” as utterly useless swag. He explained to them the significance of the fall equinox, why there were plants in buckets. The jury also got an education in just what it takes to make medicine that will take away the pain of a compacted spine.

The opening of the box of evidence was a very emotional one for Tom. He just saw all the pain, trouble and wasted time and money. All the good that could have done for his patients and how a simple prejudice can reak havoc on peoples lives. If they had just waited. If they had just asked. If they had just slowed down, none of this would have happened. Tom wept over those 128 plants and all the good they could have done.

When prohibition is finally over, I can see a Superbowl commercial from “Budd-light”  showing just that kind of moment when their kind bud was lost. But this seems almost malicious. The pronouncement of guilt and execution of punishment by destroying all 128 plants on the spot with no authority. Not to mention combining all the plants so no identification could be made, and losing all the pictures taken during the day time. Oddly, only pictures of a few parts of the garden remain and in the dark. It really has frightened me to see what the Officers can do if they want to. All they could see was the headline news, a medal and a beer if they wrapped it up quick. When prohibition is over, this will look barbaric. Looks a little barbaric now.

The jury also heard testimony from several of Tom’s patients. They were able to explain to the jury the dangers of Oxycontin. They were able to hear how difficult it would be to try to grow your own blend of 2 strains in the right proportions. They got to hear what a caregiver really means.

Karen also testified yesterday.  She was also a registered caregiver and had a patient. This also brought the plant count up. Which seems to be the only thing the government is concerned about. If Tom only had “x” number of plants, everything would have been just fine, and we would not have destroyed your lymphoma medication and the one thing that helps you keep your food down. But you have 128, so you are a criminal, a felon.

Deborah Tuenge, also testified. She is the administrator for the medical marijuana registry with the Colorado Department of Public Health and Environment. She was able to confirm Tom’s initial statement on the night of the raid, that all of the certificates were valid.

What has been confusing me most during this trial, is what exactly the prosecutions motivation is. Yesterday I saw them put a guy on the stand and try to persuade the judge that he should be allowed to testify. The judge thought this guy was not credible, his statements didn’t prove anything, and allowing it would clearly be violating client doctor privileged conversation which would certainly lead to a miss trial.   Now this man claimed he did not want to testify, his lawyer said he “had to testify to certain things”. He had to do this because he had been caught selling Oxycontin in a parking lot. The police gave him a plea if he would testify in Tom’s case. I just can’t wrap my brain around this. I simply don’t believe the the Officers think Medical Marijuana is more dangerous than Oxycontin.

I know everyone is really looking forward to the trial being over. Testimony begins again today at 8:30 am in the District County county house in Pueblo.

Marijuana farmer weeps at trial

By JEFF TUCKER
THE PUEBLO CHIEFTAIN
Thomas Sexton wept over a ragged pile of marijuana stalks, stems and leaves Thursday.

As an expert in the cultivation of medicinal marijuana testified that 128 plants seized on Sexton’s farm Aug. 14, 2007, were nowhere near maturity, Sexton looked over the three boxes of evidence — including one with bundles of stripped stalks — then turned to the defense table, shook and wiped his eyes.

… Read entire store [here]

New article in the Chieftian

Jeff Tucker has a new article about the opening day of Tom’s trial. Read all about it [here]

Marijuana/Medical Marijuana: More States, More Bills, More Hearings

It’s becoming difficult to keep up with all the marijuana bills being filed at statehouses around the county. In addition to the bills in Washington state (see related story here), in the past 10 days we saw a medical marijuana bill introduced in Missouri, another in Alabama, and another in Virginia. There was also a decriminalization bill introduced in Virginia, and in New Hampshire a decrim bill and a “tax and regulate” legalization bill got hearings.

marijuana plants (photo from US Fish and Wildlife Service via Wikimedia)

In Missouri, Rep. Kate Meiners (D-Kansas City) and 16 cosponsors introduced HB 1670, which would allow patients with debilitating diseases to use marijuana upon a physician’s recommendation. Patients or caregivers could possess up to one ounce of usable marijuana and three mature and four immature plants. Previous bills have failed to move in the Republican-dominated legislature, but the presence of a Republican cosponsor this year could make a difference.

In Alabama, Rep. Patricia Todd (D-Birmingham) has introduced HB 207, which would allow patients with specified debilitating conditions to use marijuana. The bill has been referred to the House Judiciary Committee. Previous medical marijuana bills died in 2007 and 2008.

In Virginia, Delegate Harvey Morgan, a 79-year-old Republican, filed HB 1136, a medical marijuana bill that would protect from prosecution patients who have “a valid prescription issued by a medical doctor.” The bill’s prospects are uncertain. Morgan is a senior Republican and committee chair, but the measure also faces opposition.

Another bill introduced by Morgan, HB 1134, would make small-time marijuana possession a civil offense rather than a criminal one and mandates a maximum $500 fine. It would also create a rebuttable presumption that anyone growing five plants or less is growing for personal consumption, and treats small grows like small amounts of marijuana. The bill would also do away with a two-year mandatory minimum sentence for selling less than an ounce and a five-year mandatory minimum for selling more than an ounce. Like Morgan’s medical bill, the prospects for the decrim bill are uncertain.

In New Hampshire, the House Criminal Justice and Public Safety Committee Wednesday held public hearings on two bills, HB 1653, which would decriminalize the possession of less than an ounce of marijuana, and HB 1652, which would legalize the possession of up to one ounce and three plants, and provide for the regulated and taxed sale of marijuana to adults. The decrim bill is sponsored by Rep. Steven Lindsey (D-Keene), while the tax and regulate bill is sponsored by Reps. Calvin Pratt (R-Goffstown), Joel Winters (D-Manchester), Carla Skinder (D-Cornish), and Timothy Comerford (R-Fremont).

Read more at the Drug War Chronicles [here]

Eight in 10 Americans support legalizing marijuana for medical use !

Eight in 10 Americans support legalizing marijuana for medical use and nearly half favor decriminalizing the drug more generally, both far higher than a decade ago.

High Support for Medical Marijuana ABC News/Washington Post Poll: 81 Percent Support Legalizing Marijuana for Medical Use

(/Getty Images)

With New Jersey this week poised to become the 14th state to legalize medical marijuana, 81 percent in this national ABC News/Washington Post poll support the idea, up from an already substantial 69 percent in 1997. Indeed the main complaint is with restrictions on access, as in the New Jersey law.

Click here for PDF with charts and questionnaire.

Fifty-six percent say that if it’s allowed, doctors should be able to prescribe medical marijuana to anyone they think it can help. New Jersey’s measure, which is more restrictive than most, limits prescriptions to people with severe illnesses. State health officials can add to the list.

Read the entire story at ABC News [here]

New Jersey Makes It 14!

Sen. Scutari and Assem. Gusciora

New Jersey is set to become the 14th state to legalize the medicinal use of marijuana after the state Assembly Monday approved the “Compassionate Use Medical Marijuana Act” by a vote of 46-14. Later Monday evening, the state Senate, which had already approved its version of the measure, voted final approval by a margin of 25-13. Outgoing Gov. Jon Corzine (D) has said he will sign the bill.

The Assembly debated the bill for half an hour Monday afternoon before approving it. The debate took place before galleries backed with bill supporters and opponents. It was a similar scene in the Senate a few hours later.

“It does not make sense for many of New Jersey’s residents to suffer when there is a viable way to ease their pain,” said Assemblyman Reed Gusciora (D-Mercer), one of the sponsors of the bill. “Medical marijuana can alleviate a lot of suffering, and there is no evidence that legalizing it for medical use increases overall drug use.”

Read the entire story from the Drug War Chronicles [here]

We Are Opening in Pueblo!!

Marijuana dispensary owner plans to open despite moratorium

CHIEFTAIN PHOTO/JOHN JAQUES — Tom Sexton says he’ll open a medical marijuana business in the McWilliams Building, 112 Colorado Ave.

CHIEFTAIN PHOTO/JOHN JAQUES — The reception area of the Medi-Mar Ministries on the Mesa Junction is shown here.

Tom Sexton says the business has the ‘legal right,’ given the business license issued in September.

By PETER ROPER
THE PUEBLO CHIEFTAIN

The owner of a Pueblo medical marijuana dispensary intends to open his business

- despite a city moratorium – based on an Arapahoe County court decision last week and a city business license he acquired in September.

“It may take us a few weeks to get set up, but we are going forward with our business,” Tom Sexton, owner of Medi-Mar Ministries, said Tuesday, referring to his store at 112 Colorado Ave. “We know we have the legal right. The moratorium doesn’t apply to us anyway because we already have a city business license.”

Read the whole story [here]

Breakthrough in Pueblo!

An Arapahoe County district court judge’s ruling last week that Colorado cities cannot simply ban medical marijuana dispensaries will put new energy into Pueblo City Council’s efforts to regulate those businesses.

Councilman Larry Atencio, who is expected to be elected the new council president on Jan. 11, said he would focus on the dispensary issue with City Manager Jerry Pacheco next week.

Read the full article in the Chieftain [here]

Tom in the News… recap!

Tom has been in the news quite  a bit receiently. Here are few articles from the Pueblo Cheiftian

Marijuana dispensary opening delayed
Two perspectives intersect at the mirrored-glass front windows of the former Ambrosia building at 112 Colorado Ave. City leaders perched outside the site of the city’s first proposed legal marijuana dispensary see just their own reflections and a cur…

Medical pot moratorium before council
Public discussion about possibly extending the moratorium on medical marijuana dispensaries will be front and center tonight at City Council. And Tom Sexton, who has been up front with city leaders about opening Pueblo’s first dispensary, said he’s d…

Public gets a preview of marijuana dispensary
Pueblo’s first proposed medical marijuana dispensary opened its door to the community Wednesday to discuss its services, intentions and obstacles it faces at becoming a licensed business. A packed house of about 75 attended the two-hour meeting at th…

Medical pot moratorium extended
City Council swerved from one side of the policy road to the other Monday night before finally voting 5-1 to extend the city’s moratorium on licensing medical marijuana dispensaries until June 1. That decision only came after City Manager Jerry Pache…

Council: Marijuana dispensaries on hold
City Council voted unanimously for a 90-day moratorium on the licensing of any medical marijuana dispensaries following a two-hour public hearing Monday night. The decision means the next council, with four members to be elected today, could make the…

Medical pot plea a rarity in court
Municipal Judge William Alexander has only had one case – in his memory – where a defendant arrested for the petty offense of having marijuana claimed it was medical marijuana that he was allowed to use. “You’d think there would be more of that, but …

Medical pot moratorium may remain
Faced with the complex job of figuring out how to license or regulate medical marijuana dispensaries, City Council indicated Monday night it will probably extend its moratorium on those businesses until next summer, hoping the Legislature will give t…

Marijuana Rx
COLORADO VOTERS have approved the medical use of marijuana and now Pueblo, like several other cities, is trying to figure out how marijuana dispensaries should be regulated. In the November 2000 General Election, Coloradans passed Amendment 20, and …

Colorado cities divided on licensing medical pot
For Colorado cities, dealing with the issue of medical marijuana in 2009 is a lot like being offered that first joint back in the 1960s – do you join the party or just pass it on? Pueblo City Council is stuck in that predicament at the moment, hoping…

Tom in the News again!

Medical pot moratorium extended

That decision only came after City Manager Jerry Pacheco bluntly told council the administration would be hard-pressed to draft the needed zoning and business regulations for licensing dispensaries within the next 30 days – just about the time left in the current moratorium. Pacheco argued that council’s instructions in November was to suspend work on city regulations to give the state Legislature time to act on the issue.

“I don’t think I could bring you anything you’d find palatable in 30 days,” Pacheco said.

That caused council to reverse direction and approve the extension. Only Councilman Randy Thurston, taking part in his last council meeting, voted against the measure. He wanted to delay any decision until the current moratorium expires Feb. 8 to give the city and marijuana dispensary owners time to work on regulations.

Thurston lost the vote, however, with Council President Vera Ortegon and members Barbara Vidmar, Mike Occhiato, Ray Aguilera and Larry Atencio ultimately voting for the extension. Councilwoman Judy Weaver was absent from the meeting. The surprise Monday night was council’s early interest in not extending the
moratorium. A local dispensary owner, Tom Sexton, and his attorney, Jim Oliver,

Read the Entire Story [Here]

Fox News Gets Reefer Madness Over So-Called Killer Marijuana

Fox new recently did a story about killer pot. See this cometary and the observed comments stated as fact on this fair and balanced program!

Denver votes to legalize marijuana

Find out why Denver wont honor the voters decision.

See this great debate on MSNBC

California Marijuana Measure Set for 2010 Vote, Supporters Say

Dec. 15 (Bloomberg) — A ballot initiative to legalize recreational marijuana use in California has received enough signatures to place it before voters next year, organizers said.

The “Tax, Regulate and Control Cannabis Act of 2010” has garnered 680,000 signatures, more than the 433,971 required to be placed on the state’s ballot, said Salwa Ibrahim, a spokeswoman for the measure’s sponsor, Oaksterdam University in Oakland, which bills itself as “America’s first cannabis college.”

“We’re going to keep collecting signatures until we have to turn it in,” before the February deadline, Ibrahim said in an interview today. “They’re from all over the state of California.”

[Full story here]

Paper Seeks Medical Marijuana Critic

Denver Newspaper Looking for One to Assess Dispensaries in Colorado; Applicants Range from Engineers to Amateur Smokers see the CBS video here

Denver Post: Smoking pot is safer than drinking (Q & A with Mason Tvert)

Medical marijuana dispensaries are popping up across Denver as an average of 400 people each day apply for permits to legally smoke pot. With state lawmakers talking about approving further regulations on the mushrooming industry, Denver Post Editorial Page Editor Dan Haley sat down last week with Mason Tvert, the state’s leading advocate for the legalization of marijuana.

Tvert is executive director of Safer Alternative for Enjoyable Recreation (SAFER), a group that has passed two pro-pot measures in Denver since 2006. He also is a co-author, along with Steve Fox and Paul Armentano, of “Marijuana Is Safer: So Why Do We Drive People to Drink?” (Chelsea Green Publishing, August 2009).

Read the entire interview at the Denver Post [here]

How dangerous is Marijuana?

A great blog Posted by CODeist2009 at the Denver post, read the entire article here.

“In 1972, after reviewing the scientific evidence, the National Commission on Marihuana and Drug Abuse concluded that while marijuana was not entirely safe, its dangers had been grossly overstated. Since then, researchers have conducted thousands of studies of humans, animals, and cell cultures. None reveal any findings dramatically different from those described by the National Commission in 1972. In 1995, based on thirty years of scientific research editors of the British medical journal Lancet concluded that “the smoking of cannabis, even long term, is not harmful to health.”

Comparing the harmful effects of marijuana to approved medications prescribed by  licensed phayicians, the FDA reveals to Medical Marijuanaprocon.org in an FOIA request that the primary suspect of the deaths of individuals using marijuana is 0 compared to 10,008. This includes 196 deaths caused by taking anti emetics (Compazine, Reglan, Marinol, Zofran, Anzemet, Kytril, Tigan), 118 for taking anti-spasmodics (Baclofen, Zanaflex), 1539 deaths for taking anti-psychotics (Haldol, Lithium, Neurontin), and 8101 deaths for taking medications in the treatment of ADD, depression, narcolepsy, erectile dysfunction and pain (Ritalin, Wellbutrin, Adderall, Viagra, Vioxx). (See: http://www.medicalmarijuanaprocon.org/pop/deathreports.htm)

Read the entire story at the Denver Post [here]

Marijuana clinics crop up rapidly in Colorado

The explosion of consumer demand for medical marijuana has spawned concern among some but represents opportunity for others to move medical marijuana into the mainstream.

“It’s a growing area, a growing field,” said Brian Vicente, director of Sensible Colorado, a pro-marijuana advocacy group.

By summer’s end, there could be as many as 60 medical-marijuana “dispensaries” in Colorado, according to the founder of Colorado Medical Marijuana, which catalogues the dispensaries on its website.

Read the entire story at the Denver Post [here]

Colorado Moves to Tax Medical Marijuana

The Attorney General of Colorado said yesterday that his state can collect taxes on sales of medical marijuana.

“Medical marijuana is tangible property that is generally subject to state sales tax,” Attorney General John Suthers said in an opinion, according to The Denver Post.

Who is Marc Emery?

Marc Emery is a Canadian businessman and political activist who owns and operates “Cannabis Culture Magazine”, “Pot-TV”, the “BC Marijuana Party”, and “Marc Emery’s Cannabis Culture Headquarters” (previously “BC Marijuana Party Bookstore” and “Hemp BC” before that). Marc also ran “Emery Direct Seeds” in a store in downtown Vancouver BC and through mail-order, for over ten years, with the goal to fund anti-prohibition and pro-marijuana activists and organizations across North America and the world — a fact that DEA Administrator Karen Tandy crowed about in the press release about Marc Emery’s arrest. (Numerous other seed-selling businesses operate in North America, some even on the same block as Marc Emery’s businesses today, but they are not activists and they keep all the money they make, so they are not targeted by the United States Government and law enforcement.)

Submitted by JodieEmery on Mon, 10/05/2009 – 1:52am view full story here.

FBI Raids Colorado Medical Marijuana Doctor Referral Service and Dispensary and Nabs Confidential Patient Information in the Process

Denver’s CBS affiliate posted an alarming story on its website on August 17, 2009. That same day, the FBI raided both “a medical marijuana doctor referral service” and a dispensary in an action that the news outlet speculates “may have long-term consequences” (“FBI Raids Marijuana Clinic, Takes Patient Info”). As CBS explains, the “raids were part of an investigation into a credit card fraud ring” and did not explicitly target Canna Med, which consists both of a doctor referral service and a next-door dispensary, for providing medical marijuana or doctor referrals. However, FBI agents not only confiscated the dispensary’s medicinal supply but, most eggregiously, its patients’ records. As the article states, “That information is supposed to remain confidential under state law.”

The Ed Rosenthal Case

Website Highlights Leading Medical Marijuana Cases

President Obama Gives Federal Drug Inforcement a new Set of Priorities.

“The memo, the officials said, emphasizes that prosecutors have wide discretion in choosing which cases to pursue, and says it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law.”  Read more here

Medical Marijuana Can prevent or delay the growth of cancer cells.

(SALEM, Ore.) – A new study reveals that Medical Marijuana can be an effective treatment for cancer, that is the word announced by doctors in Germany who concluded that this clarification of the mechanism of cannabinoid action may help investigators to further explore their therapeutic benefit.  Read the full article here

The changing debate over medical marijuana

By Stephanie Smith
CNN Medical Producer

[Full Story Here]

The AMA shifted a 72-year-old policy about smoked marijuana, acknowledging that there could be some medical benefits, and urging reconsideration of the drug’s Schedule I status (Schedule I is a drug of abuse with “no accepted medical use.” Heroin and ecstasy are also Schedule I).

The AMA’s new policy language suggests that “marijuana’s status as a federal Schedule I controlled substance be reviewed with the goal of facilitating the conduct of clinical research and development of cannabinoid-based medicines.”

Medical marijuana could help our war-stressed soldiers

Source: The Ottawa Citizen (18 June 2008) Re: ‘Our soldiers are our best citizens’: MacKay, June 16.
Israel has been testing treating their soldiers who suffer from Post Traumatic Stress Disorder (PTSD) with medical marijuana, and having positive results. My wife and I have medical marijuana licences from Health Canada for PTSD.

Canadian soldiers would be eligible for such treatment under Health Canada’s medical marijuana program, but it likely wouldn’t be compatible with the Canadian Forces’ zero tolerance policy on drug use… [Read more]

Colorado Judge Blocks Restrictions on Caregivers

A judge in Denver Tuesday overturned a state Board of Health decision last week that medical marijuana caregivers must do more than simply provide marijuana to qualify as caregivers. Denver District Judge Larry Naves voided the decision, saying the board had violated state open meeting laws and ignored the needs of patients.

Read the entire story here.

from Drug War Chronicle, Issue #608, 11/13/09

American Medical Association Calls for Review of Pot’s Schedule I Status

In an historic shift, the country’s largest physician group, the American Medical Association (AMA), has reversed its long-held position that marijuana has no medical value. The group instead adopted a new policy position on medical marijuana, calling for a review of marijuana’s status as a Schedule I drug with no accepted medical use under the federal Controlled Substances Act. The AMA had previously recommended that marijuana be retained in Schedule I.

Read the entire store here.

The State of Play — Federal Drug Reform Legislation in the Congress

With both the White House and Capitol Hill under the control of Democrats, there are signs that the Bush-era blockade of federal drug reform legislation is ending. Here’s an update on what’s moving — and what’s not — on Capitol Hill this year.

Read all about it on the DRCNet.

Tom is in the THE PUEBLO CHIEFTAIN

The Pueblo Cheiftain has an article about the lillegal seizure of our medicine last year, read all about it here.