Residents or tourists: Who are Nevada’s medical marijuana laws really intended for?

pot slots


By Chris Kudialis, Las Vegas Sun

Reclining leather seats, a 42-inch television screen and stencils of bright red marijuana leaves illuminate the back of 420 Tours’ sport utility vehicle. The SUV, along with a 30-foot bus, are used by Nevada’s first cannabis tour company, which takes people looking for a medical marijuana card and legal pot from street corner to dispensary in less than an hour.

Using the app EaseMD, 420 Tours founder Drew Gennuso connects pre-screened passengers who have a California ID or U.S. passport with a California doctor, live over video chat, in the back seat of the “Cannabus” SUV. The patients, frequently picked up on the Strip, describe their symptoms, receive a doctor’s recommendation printed on the spot and are taken to a Las Vegas dispensary of their choice.

 

Nearly three years after landmark legislation legalized medical marijuana dispensaries in Nevada, patients and licensed business owners remain trapped in a grueling application process that keeps legal pot unattainable to many in the state.

And while Nevada patients and retailers stumble through the state’s red tape, entrepreneurs are cashing in on Nevada’s reciprocity laws, which allow out-of-state patients to play here by their own states’ more lenient rules.

Read the whole story

Retired Las Vegas police officer has new job with marijuana

Dave Kallas spent over two decades busting drug dealers on the streets of Las Vegas.

On Saturday, he became a dealer himself — a legal one — when his medical marijuana dispensary The Apothecarium, 7885 W. Sahara Ave., officially opened for business.

Kallas, 60, and his business partner, Ryan Hudson — who runs/owns the original Apothecarium in San Francisco — both see the business as an opportunity to help people who might benefit from the medicinal benefits of marijuana by giving them a legal means of getting their hands on it.

Hudson called it a “harm reduction program,” noting people won’t have to head into a sketchy neighborhood to buy marijuana from a shady dealer.

“We have a lawful way for you to obtain the relief you’re looking for,” Kallas said.

The genesis for opening a dispensary in Las Vegas came from his own struggle with pain.

Kallas spent 21 years as an officer and detective for Las Vegas police, and another nine for the police union as the executive director and director of governmental affairs before retiring in 2009.

Three years after retiring, Kallas was diagnosed with Disseminated Valley Fever, a painful, incurable fungal disease that attacks the bones and central nervous system.

READ MORE: http://www.reviewjournal.com/news/las-vegas/retired-las-vegas-police-officer-has-new-job-marijuana

Elko extends ban on medical pot shops despite resident support

nevada pot

Elko is extending its ban on medical marijuana shops despite comments from residents who want it lifted.

The Elko Daily Free Press reports the only councilmember to vote no on the ban noted that about 60 percent of Elko voters cast ballots in favor of Nevada’s medical marijuana initiative.

Councilman John Patrick Rice said the city is depriving itself of revenue and keeping a service from residents.

Councilwoman Mandy Simons was among the four in favor of the ban and noted that cannabis possession is still illegal under federal law.

Mother Jackie Melton spoke at the meeting in favor of medical marijuana shops in Elko. She said she drives to Reno to get medicine for her daughter, who is autistic and often waves her arms and pulls her hair.

On Ballot, Ohio Grapples With the Specter of “Marijuana Monopoly”

Buddie

Buddie is the mascot for ResponsibleOhio, a pro-legalization group led by wealthy investors. 

COLUMBUS, Ohio — As a member of the International Cannabinoid Research Society, a collector of antique marijuana apothecary jars, the founder of an industrial hemp business and “a pot smoker consistently for 47 years,” Don Wirtshafter, an Ohio lawyer, has fought for decades to make marijuana legal, calling it “my life’s work.”

But when Ohio voters go to the polls Tuesday to consider a constitutional amendment to allow marijuana for both medical and personal use, Mr. Wirtshafter will vote against it.

pot slotsIssue 3, as the proposed amendment is known, is bankrolled by wealthy investors spending nearly $25 million to put it on the ballot and sell it to voters. If it passes, they will have exclusive rights to growing commercial marijuana in Ohio. The proposal has a strange bedfellows coalition of opponents: law enforcement officers worried about crime, doctors worried about children’s health, state lawmakers and others who warn that it would enshrine a monopoly in the Ohio Constitution.

The result has been one of the nation’s oddest legalization campaigns. It pits a new generation of corporate investors against grass-roots advocates like Mr. Wirtshafter, who deplores “opportunists seeking monopolistic gains” and laments that America would have been much better off “if they would have just let the hippies have their weed.”

A recent poll by the University of Akron shows voters evenly split, but if the proposal passes, Ohio will be the first state to approve marijuana for personal use without first legalizing medical marijuana. That would put Ohio, a swing state, at the forefront of the national movement to overhaul marijuana laws — just in time for the 2016 presidential campaign. Gov. John R. Kasich of Ohio, a Republican candidate for president, opposes Issue 3.

“If Ohio wins, it will be a significant step forward for the broader movement — nothing will excite attention like that,” said Ethan Nadelmann, the executive director of the Drug Policy Alliance, which has helped lead the national drive for legalization. But his group is remaining neutral rather than endorsing Issue 3, he said, “because of the problematic oligopoly provision.”

To complicate matters, the Ohio General Assembly has put a competing initiative, Issue 2, on the ballot; known as the antimonopoly amendment, it would block Issue 3 by prohibiting the granting of special rights through the State Constitution. There is certain to be a protracted legal battle if both measures pass.

The story of how Issue 3 got onto the ballot begins here in Columbus, the capital, with Ian James, a political consultant whose company, the Strategy Network, specializes in gathering signatures for ballot initiatives. In 2009, his firm helped legalize casino gambling in Ohio through a measure that amended the State Constitution and specified where casinos could be located.

Mr. James said he had “taken that premise and applied it to marijuana.” In early 2014, he said, he began meeting with lawyers and a potential investor, James Gould, a Cincinnati sports agent, to talk about a “tightly regulated system” to make marijuana available in Ohio. An organization called the Ohio Rights Group, then represented by Mr. Wirtshafter, was already gathering signatures for an initiative to make medical marijuana legal.

But Mr. James had a more ambitious plan.

With help from Mr. Gould, he found 10 investment groups willing to put up a minimum of $2 million each to finance a campaign to pass an amendment that would legalize marijuana for medical use and personal use in small amounts; set up a commission to regulate it; and designate 10 parcels of land — each owned or optioned by funders of the initiative — where marijuana could be legally grown and cultivated for commercial use.

Adults 21 and older would also be allowed to grow small amounts of marijuana — up to four flowering plants — for themselves. The state commission would license retailers, who would be required to win elections in local precincts.

The backers call themselves ResponsibleOhio. Among the investors: the former professional basketball player Oscar Robertson, the fashion designer Nanette Lepore, Mr. Gould and two great-great-grand-nephews of President William Howard Taft. Each investment group has committed as much as $40 million to build facilities if Issue 3 passes.

Mr. James, whose detractors note that his firm is earning more than $5 million to run ResponsibleOhio, makes no bones about what critics call “the corporatization” of the marijuana business. He said the sale of marijuana would, beginning in 2020, generate $554 million a year in tax revenue for Ohio; 85 percent would go toward safety services and infrastructure repair.

“We have clearly taken this from the tie-dye to the suit-and-tie approach, there is no question about that,” Mr. James said. “Right, wrong or indifferent, this is the way legalization is moving in this country now.”

National advocates are split: The Marijuana Policy Project, like the Drug Policy Alliance, is neutral on Issue 3, while the National Organization for the Reform of Marijuana Laws, or Norml, gave it an uneasy endorsement. Some legalization proponents say Mr. James has created a new model.

“If he is successful with this, a bunch of very rich people will be interested in hiring him to try it in other places,” said Douglas A. Berman, a law professor at Ohio State University who has advised ResponsibleOhio.

Mr. James says he has no plans for other states, though at least five — including California and Nevada — are expected to have ballot initiatives in 2016.

Outraged lawmakers in Ohio’s Republican-controlled legislature, unwilling to cede control over drug policy, responded with Issue 2, which passed the House with bipartisan backing and the Senate along party lines. State Representative Michael F. Curtin, a Democrat and former editor of The Columbus Dispatch, helped draft the measure, and is a driving force behind Ohioans Against Marijuana Monopolies, the opponents’ coalition.

He calls Issue 3 “a prostitution of the initiative process.”

ResponsibleOhio is making its case to voters on the airwaves (Mr. James said his group would spend as much as $9 million on radio and television ads); with celebrity endorsements (Montel Williams, the talk show host who touts medicinal marijuana as treatment for his multiple sclerosis, was here last week); and with paid canvassers who, Mr. James said, will have knocked on one million doors by Election Day.

But perhaps the group’s most contentious marketing effort has been Buddie, an anthropomorphic marijuana bud who looks a bit like a spear of asparagus wearing green cowboy boots and a blue cape, and who has been turning up on college campuses around the state. Critics liken him to Joe Camel, the cartoon character accused of marketing Camel cigarettes to children.

On the campus of the University of Cincinnati on Thursday, Buddie posed for photos and found no shortage of fans among students; most eagerly accepted free T-shirts (with messages like “O-High-O”). Many who stopped were passionate about legalization. Others said it mattered little to them. One, Lee Idoine, told campaign workers who accompanied Buddie that he “worried about the big businesses getting an edge on the market right away.”

Mr. Wirtshafter, who practices law in Athens, Ohio, but resigned as the lawyer for the Ohio Rights Group after it endorsed Issue 3, said Buddie proved “how little the organizers of Issue 3 knew about cannabis, its politics and its users.” Mr. Wirtshafter is now active with a new group, Legalize Ohio 2016, which plans its own ballot initiative next year.

On Saturday, he planned to attend a Halloween celebration with a mascot of his own: Monopoly Man.

Correction: November 1, 2015
An earlier version of a caption with a photo with this article misspelled the given name of a canvasser for ResponsibleOhio. She is Jan Lefebre, not Jen.

Mitch Smith reported from Columbus, and Sheryl Gay Stolberg from Washington.

Las Vegas police face civil rights lawsuit over medical marijuana arrests

nevada potBy Carri Geer Thevenot

A former Las Vegas woman claims she and a guest were falsely imprisoned in 2013 after police searched her home and illegally confiscated her supply of medical marijuana.

Courtney Rogalski, a medical marijuana patient who now lives in Canada, and California resident Westley McNeal filed a civil rights lawsuit in August against the Metropolitan Police Department and several officers. In September, the defendants transferred the case from Clark County District Court to U.S. District Court.

Attorney Craig Anderson, who is representing Metro in the litigation, could not be reached for comment.

According to the lawsuit, Las Vegas police detectives searched Rogalski’s home on Aug. 30, 2013, with a warrant signed by Justice of the Peace Cynthia Cruz.

The detectives found 382 grams of marijuana, or about 13 ounces, and 32 marijuana plants. Rogalski was arrested and charged with two felonies: possession of a controlled substance and possession of a controlled substance with intent to sell.

“Ms. Rogalski, at the time of her arrest, held a valid medical marijuana card and had a valid medical marijuana waiver which allowed her to have in her possession, custody and control 15 ounces of usable marijuana and 49 marijuana plants,” according to her lawsuit.

Without such a waiver, Nevada law limits cardholders to 2.5 ounces of usable marijuana and 12 plants.

“The malicious prosecution against plaintiff Rogalski was dismissed because she was acting within the law, was a registered medical marijuana patient with a valid medical marijuana card and a valid medical marijuana waiver,” according to the lawsuit. “She did not exceed the amounts contained in her medical marijuana waiver and this fact was not disputed by the defendants.”

According to the lawsuit, Detective Jeffrey Tabor authored the search warrant, which indicated that he established surveillance in May 2013 at a hydroponics business and watched as a 50-pound carbon dioxide tank was loaded into a vehicle registered to Rogalski.

About three months later, Tabor compared the power use at Rogalski’s home with three other homes in her gated community and found her home used an average of 3,698 kilowatts more per month than houses the same size.

In addition, Tabor drove past Rogalski’s residence on Aug. 27, 2013, and noticed that the windows on the east side of the home were covered with white plastic.

Tabor’s affidavit in support of the search warrant “is approximately 10 pages long and contains numerous paragraphs that have absolutely nothing to do with the criminal case” involving Rogalski, according to the lawsuit, which names Tabor as a defendant.

The search warrant also noted that Rogalski had a valid medical marijuana card and that she was legally allowed to possess and cultivate marijuana. And because Rogalski had a valid card, according to the lawsuit, police “had no reason to arrest a guest found in her house.”

“There was no controlled buy in the underlying criminal case, there was no odor or smell of marijuana coming from the residence, there was no foundation for the power comparison analysis and as can readily be seen after a reasonable review of the search warrant affidavit, there was absolutely no probable cause to support the issuance of a search warrant in the criminal case,” the lawsuit alleges.

The fact that Rogalski may have had plastic covering her windows “is of no consequence,” according to the lawsuit, which notes that Nevada law “specifically provides that legal marijuana use or cultivation cannot be exposed to public view.”

In an answer to the lawsuit, filed Wednesday, the defendants argue that they “acted in good faith belief that their actions were legally justifiable” at all times.

Attorney Cal Potter III, who represents Rogalski and McNeal, argues that Las Vegas police were not properly trained about the requirements of Nevada’s medical marijuana laws and “didn’t seem to care.”

The lawsuit claims Rogalski, who has chronic osteoarthritic problems, “was 100% within her rights to possess the marijuana and the plants in this case and the detectives should not have ripped up and thrown away her medical marijuana waiver.”

According to the lawsuit, police illegally confiscated Rogalski’s legal growing equipment and marijuana, then destroyed her property. The lawsuit further alleges that McNeal was arrested without probable cause and that the Clark County district attorney refused to prosecute him.

After McNeal’s release, according to the lawsuit, police “continued to follow and harrass” him.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter:@CarriGeer

FROM THE CARSON SHITTY REEFER MADNESS WEBSITE

Marijuana_Banner

FROM THE CARSON SHITTY REEFER MADNESS WEBSITE: http://www.pcccarson.org/?page_id=127

Marijuana contains a chemical — delta-9-tetrahydrocannabinol, or THC for short — that goes to the parts of the brain controlling memory, concentration and movement. The popular image of a “stoner” is no myth. They really do have trouble solving problems, perceiving what’s going on around them and learning. Worse, the effects of being high on marijuana can last days or weeks after it’s smoked. They may not even realize how dim their wits have become over time. The health hazards aren’t funny either.Chronic cough, bronchitis, emphysema, cancer, decrease in testosterone and sperm counts for men and an increase in testosterone and infertility for women are among the risks for long-time marijuana smokers. It contains 50 to 70 percent more carcinogenic hydrocarbons than tobacco smoke. It’s possible to become addicted to marijuana, and the psychological harm can include paranoia and anxiety.

Dog_Marijuana_Poster

Washington State/Colorado Marijuana News 

Marijuana Legalization in U.S.A

Recent Posts on Marijuana

States Dealing with Marijuana

The Truth about Marijuana

 

For more information on Marijuana, visit the links below.

DEA – (Marijuana) NIDA – (Marijuana) SAMSHA- Marijuana

Learn About Sam- Factsheet

Drug Paraphernalia

(click on pictures for link)

Bongs

Pipes

Nevada has proposed legislation to legalize and regulate cannabis, with careful consideration to the entire infrastructure necessary. Please read the bill carefully, it differs significantly from Co and Wa legalization

pot slotsHere is the link to the actual bill

One of my favorite sections is below

The Department shall not require a registered dealer to give his or her name, address, social security number or other identifying information on any return submitted with the tax.

They are really looking out for the business owners, I hope this passes. Anyone from Nevada know how likely this might be?

65-year-old Stephen Ficano Nevada Medical Marijuana Patient Cleared Of Drug Charges

nevada potLAS VEGAS (AP) — A Las Vegas medical marijuana patient who was accused of preparing to sell drugs has been acquitted of two felony drug charges.

65-year-old Stephen Ficano was arrested in October 2012 after police watched him grow marijuana openly in his backyard.

Police say they found 67 marijuana plants, approximately 24 pounds of marijuana, 26 guns and nearly $52,000 in cash when he consented to the search of his home. At the time, medical marijuana patients in Nevada were legally allowed to have up to seven plants and one ounce of marijuana.

Dr. Ivan Goldsmith gave Ficano a waiver stating that the man’s condition required a larger quantity of the drug.

The Clark County District Attorney says a medical waiver does not relieve a patient from legal responsibility.

Respect State Marijuana Laws Act: This Bill Will Finally End Cannabis Prohibition

www.undergroundworldnews.com
A bill with bipartisan support introduced in Congress this week is finally tolling the death knell for cannabis prohibition. By removing a notorious legal contradiction, the legislation would give precedence to state marijuana laws—making federal enforcement a thing of the past in states where medical and recreational weed are legal.
While its brevity is astonishing—without the obligatory title pomp, it would struggle to take up a single page—the legislation is capable of ending perhaps the most contentious provision in the ubiquitous War on Drugs. Simply titled the “Respect State Marijuana Laws Act of 2015,” the bill introduced by Rep. Dana Rohrabacher has incredible potential for substantial reform that makes its passage of paramount importance.

http://theantimedia.org/this-bill-wil…

Smoking pot in the U.S. Forest – What are the regulations?

Medical marijuana on federal lands: What are the regulations?

nevada potBy Jim Mimiaga

The use of marijuana for medical purposes has become legal in three of the Four Corners states, but because the drug is still banned federally, it remains illegal on national- forest land, in federal housing and on some Indian reservations.

New Mexico, Colorado and recently Arizona all have passed medical-marijuana laws allowing residents with certain ailments – and a doctor’s recommendation – to obtain a license allowing limited possession, use, cultivation and purchase of marijuana.

However, the director of a group that advocates for the legalization of marijuana for adults reminds holders of medical-marijuana cards that the forbidden foliage is technically illegal at any location in the country because the federal government does not recognize the medicinal use of marijuana.

“Really, anywhere in the country it is still illegal,” said Mason Tvert, director of Safer Alternative for Enjoyable Recreation (SAFER), “so there is no guarantee” that a person holding a medical-marijuana card will be safe from prosecution.

Especially on federal property, users of MMJ should inhale with caution. Every year citations are issued for people smoking pot on national-forest lands in Colorado, including in the San Juans, despite state permission for its limited use, said Brian Vicente, a lawyer with Sensible Colorado, which monitors and promotes MMJ laws.

“We hear from five or six medical-marijuana patients per year who were cited for smoking marijuana on federal lands, usually at a designated campsite,” Vicente said. “In court the charges are often dismissed because it is not considered a priority.”

That is largely due to a national directive by President Obama instructing federal attorneys to avoid using funds to prosecute the legitimate sale and use of medical marijuana in states where it has been legalized. The directive, called the Ogden memo, is not legally binding, and it is still up to the officers’ discretion whether to cite users of MMJ.

“When tickets are issued on federal land, we see this as federal agents not listening to the will of Washington, so it would be worth considering fighting the ticket by going to court and holding up the memo that medical-marijuana patients are not supposed to be prosecuted,” Vicente said.

Local national-forest policy may reflect some leeway regarding Colorado’s medicinal use of marijuana.

Asked about enforcement on the forest, Ann Bond, San Juan National Forest spokesperson, would only recite this statement regarding the issue:

“Possession of marijuana is still illegal under federal law and applies to federal lands, and citizens have the same rights to privacy on federal lands as they do off of federal lands.”

In other words, the message may be that holders of MMJ cards should keep a low profile and consume the drug within a private setting such as a tent or camper, not out in the open such as on a raft, in a vehicle or on a trail.

Tribes grapple with issue

If the legalities involved in using medical marijuana on public lands are unclear, they are even more so when it comes to MMJ on tribal lands.

The Four Corners has numerous Indian reservations, including the Ute Mountain and Southern Ute reservations in Colorado, and Jicarilla, Hopi and Navajo nations in New Mexico and Arizona. Those lands are managed in part by the Bureau of Indian Affairs, under the U.S. Department of Interior, but they are also considered sovereign nations under tribal government control.

Sovereign status allows tribes to adopt state laws or not, to some extent. Tribes within the Four Corners states that allow medical marijuana either do not honor the laws or are just beginning to address the issue, according to an investigation by the Free Press.

For the Southern Utes, the federal jurisdiction and BIA funding negate Colorado’s marijuana laws, said Sgt. Matt Taylor of the tribe’s police department.

“Having a medical-marijuana card on the Southern Ute reservation will do you no good because [MMJ] is not recognized federally, so you will be charged,” said Taylor, adding that citations have been issued recently.

“A guy had his card on him but still received a ticket because those cards will not be honored.”

Attempts to determine the Ute Mountain Ute tribe’s policy on medical marijuana were unsuccessful.

For other tribes, the subject has not been considered or is under review.

“You are the first person that has ever brought it up,” laughed Sgt. Joey Garcia of the Jicarilla tribal police in New Mexico. “We’ve never come across a situation like that, so we are not really sure if we recognize those laws or not. It is something that the tribal council would have to decide.”

An assistant in the Jicarilla tribal office said honoring New Mexico’s medical marijuana laws has never been considered by the council, but would be discussed if the issue arose.

Much of northern Arizona, a state which approved medical marijuana last November, contains the Navajo Nation, whose leaders are just beginning to grapple with the issue.

A task force including representatives of law enforcement, criminal courts and the health and social welfare departments is being formed to come up with a policy, or legislation regarding medical marijuana on the reservation, said Patsy Yazzie of Navajo Nation legislative services.

“There have been recent meetings about it with our police because of Arizona passing the law, but nothing has been adopted so we’re still in the planning stages,” Yazzie said.

“It sounds like what is going on is that tribal members living off of the reservation get their medical marijuana prescription and then come back onto the reservation.”

The Flathead Indian Reservation, located in northwest Montana, does not recognize that state’s medical-marijuana laws and considers use, distribution and possession of the drug a criminal offense. According to the Missoulian newspaper, tribal elders with the Salish, Kootenai and Pend d’Oreille peoples on the reservation decided last May that marijuana has no cultural significance and that “we as a people have other indigenous means to deal with pain.”

Interestingly, county attorneys there warned that non-tribal residents who provide medical marijuana to Indians on the reservation can be charged with felony distribution because of the tribe’s decision. It was advised that non-Indian MMJ providers within the Flathead reservation boundaries ask customers about tribal affiliation before supplying marijuana.

Allowed at VA clinics

While the federal government asserts medical marijuana is a prohibited substance, it has compromised by allowing patients treated at Veteran Affairs clinics and hospitals to use it within the 15 states that have legalized the drug, according to a directive issued last summer.

The new guidelines reverse a policy that veterans could be denied pain medication and benefits if they were caught using medical marijuana. A letter, published by the Associated Press, from Dr. Robert A. Petzel, the VA undersecretary of health, states: “If a veteran obtains and uses medical marijuana in a manner consistent with state law, testing positive for marijuana would not preclude the veteran from receiving opiods for pain management.”

The federal government has been less lenient when it comes to patients using medical marijuana within federal housing complexes.

The Santa Fe New Mexican reports that Robert Jones, a 70-year-old cancer patient who grows and uses medical marijuana under a state license, was informed in October that he would no longer receive a federal housing subsidy for his apartment in Las Vegas, N.M., because the drug remains illegal at the federal level. He is appealing the decision.

In Michigan, a state where MMJ is legal, federal housing authorities are also cracking down on residents of subsidized-housing facilities who use the drug on the premises. Residents face eviction within 24 hours if caught with medical marijuana, regardless of whether they are complying with state law. According to a memo obtained by the Kalamazoo Gazette, the U.S. Department of Agriculture Rural Development program states that federal law banning marijuana pre-empts state law, that landlords are responsible for monitoring illegal drug use, and that leases can be terminated if drug policy is violated.

Furthermore, according to the memo, a medical-marijuana user could be denied entry into a dwelling until the person “agrees not to commit drug violations in the future and has completed, or is in the process of completing drug-related counseling.”

Other USDA officials report that because of the directive by the U.S. attorney general to not prosecute MMJ users, landlords have some discretion on enforcing the federal rule if the resident is in compliance with state rules.

“Residents subject to eviction from federal housing is one of the forms of lingering discrimination regarding medical marijuana users,” Vicente said. “It is heartbreaking. It is a complicated landscape and patients should do the best they can to educate themselves on the law.”

Little reciprocity

A common question is whether one state’s medical marijuana card is valid in other states that have legalized the drug. Only a few states have such reciprocity agreements, Vicente said. Arizona, Michigan, Montana and Rhode Island all value other states’ cards but with some limitations. For instance, in Arizona an MMJ card-holder from Colorado could possess the drug but not purchase it. Colorado’s medical-marijuana laws have no reciprocity agreements with any other state allowing the drug.

Medical-marijuana users are only partially protected by the laws of the state where it is legal, and remain at risk of prosecution by federal law enforcement. Keeping a low profile and following the state’s rules on use of medical marijuana are critical, Vicente says, advising those facing an officer to be mindful of their rights and “do not consent to a search.”

As far as tickets for medical marijuana, Tvert of SAFER advises resistance, at least in the case of minor offenses.

“I would encourage anyone to challenge the ticket,” said Tvert. “If you possess a small amount, the federal government has been pretty clear that they do not handle small cases involving marijuana.”

Jeff Dorschner, a spokesman for the U.S. Attorney’s Office in Denver, agreed that the smallest cases are of less concern to law enforcement. Whether the Ogden memo’s advice to back off MMJ users and dispensaries is honored depends on the gravity of the offense involved, he said.

“It is the difference between speeding 5 mph over the speed limit and 30 mph over in a school zone,” he said. “But we had a guy with past felony drug convictions growing more than he was allowed within 1,000 feet of a school, claiming medicinal marijuana, and that is being prosecuted.”

Sheriff Gets Laughed At In Congress

It’s becoming harder and harder in 2015 to demonize weed in the way that they did back in the 1950’s. Implying that it will destroy your body and that it destroys communities. i think this demonstrated very well earlier this week at a House Judiciary committee on police reform.

John Iadarola (Think Tank) and Ben Mankiewicz (What The Flick) discuss the details of the story. Should pot be considered the same type of drug as heroin or crack cocaine? Tell us what you think in the comment section below.

Read more here: http://www.rawstory.com/2015/05/congr…

“A Wisconsin sheriff stunned a congressman on Tuesday by refusing to say that marijuana was less destructive to society than methamphetamine or cocaine.

During a House Judiciary hearing on police reform, Rep. Steve Cohen (D-TN) briefly questioned Milwaukee County Sheriff David Clarke about his views on drugs.

“You said that illegal drug use is the scourge of the black community and it is a problem and leads to a great deal of violent crime. Would you agree that marijuana possession is not the scourge of the black community and does not lead to violent crime the same way that meth, crack cocaine, and heroin do?” he asked the sheriff.

“No, I wouldn’t agree with that at all,” Clarke replied.

“Well, that’s interesting, and I wish I had more time to talk to you,” Cohen said. “Thank you for allowing me this opportunity.”

“It was such an obvious answer — I just never thought I’d get that answer,” he added with a laugh.”

ith smiles, selfies and a few nervous chuckles, a group of Nevada legislators and policymakers got a first-hand look at Colorado’s fast-growing legal marijuana industry this weekend

With smiles, selfies and a few nervous chuckles, a group of Nevada legislators and policymakers got a first-hand look at Colorado’s fast-growing legal marijuana industry this weekend, coming face-to-face with thousands of green growing plants.

The small group is part of Nevada’s efforts to understand legalization could mean. The Silver State has permitted medical marijuana, and now there’s talk voters might be asked to legalize recreational pot next year. Medical marijuana generally requires a doctor’s recommendation, while any adult can buy recreational marijuana. The group met its Colorado counterparts, and toured several marijuana stores, including the high-tech 40,000-square-foot Medicine Man in Denver, one of the state’s largest.

A company tour guide showed the group Medicine Man’s growing and processing operations as the smell of marijuana hung heavy in the air and workers prepared young plants for potting. The guide also showed off a bucket of dried marijuana containing several pounds of processed pot, which sells in Colorado for about $2,500 a pound. On the black market, Colorado’s high-potency pot can fetch $6,000, experts say. Along with Colorado, Oregon, Washington, Alaska and the District of Columbia have legalized recreational marijuana, although all went about it slightly differently and on different timeframes. Colorado is unique because it has hundreds of functioning stores and grow operations, all overseen by state regulators.

“Last time I was in one of these, we were doing a bust,” joked Ron Dreher, a former narcotics and homicide detective who now works for the Peace Officers Research Association of Nevada.

“Life changes, huh?” Sen. Richard “Tick” Segerbloom, a Las Vegas Democrat, shot back with a laugh as the two men took pictures of the plants.

Dreher said he’s concerned whether legalized marijuana would serve as a gateway drug, and the impact on potentially increased access for kids. He also pointed out that while Nevada was the first state to legalize both gambling and prostitution, “we’re on the back burner with marijuana.” Marijuana remains illegal at the federal level, and state lawmakers are cautious about running afoul of the Justice Department. Voters, on the other hand, have forged ahead.

Colorado Rep. Jonathan Singer, a Democrat who represents an area near Boulder, urged Nevadans to think carefully but be prepared to act quickly. Colorado’s voters didn’t just legalize marijuana but also enshrined that right in the state constitution. While that makes it hard to abolish, it also makes the regulations hard to alter, Singer said. He said lawmakers ought to consider legalizing marijuana themselves, instead of falling behind a growing wave of public sentiment that pot should be treated like alcohol.

“The No. 1 thing I tell people that tax revenues for are up and the sky isn’t falling. The naysayers were wrong,” said Singer.

In February a similar delegation from Vermont conducted a fact-finding mission. Vermont is widely expected to become one of the next states to legalize, perhaps becoming the first state on the East Coast to take the plunge. A study commissioned by the Green Mountain State concluded taxes on legal pot sales could generate between $20 million and $75 million annually in Vermont. Colorado collected about $70 million in marijuana taxes and fees last year, the first year of legalization.

Mary Alice McKenzie, executive director of The Boys & Girls Club of Burlington, Vt., spent three days in Denver with the Vermont delegation. It wasn’t enough, she said. “We met with people who were just so deep into the details and they had so much to share at a certain point I felt like we were rushing in order to get to our next appointment,” McKenzie said. “I wish we had had more time. That would be my advice, to take the time to be able to spend as much time as needed with the officials.”

She said the main message she heard was to not be naïve about what legalization means, and most of all, to not do it for the revenue alone.

“They talked to us at every level about the resources needed to do this right and I just listened to this and thought, ‘What are we going to do in Vermont? How would we come up with the money to do this the right way?'” McKenzie said. “Advocates say we’ll take the monies needed out of revenues generated. Maybe that works, maybe it doesn’t. Colorado folks said you have to be wise about the costs of doing this.”

Nevada is struggling to find money to improve public education, and its delegates said the potential marijuana tax windfall is tempting. But Republican Assemblywoman Michele Fiore said she’s worried taxing the industry too much – “gouging” – could keep buyers in the black market.

“Colorado’s doing well with it. They are letting people be personally responsible for their actions,” Fiore said after examining the edible marijuana products offered for sale at Medicine Man. Edibles have become a popular alternative for tourists in part because most Colorado hotels ban all indoor smoking, and marijuana consumption is barred from public spaces.

None of the Nevada delegation bought marijuana, at least not at their Medicine Man stop. Attorneys along on the trip suggested that wasn’t the best idea, although Segerblom said he was tempted. “When I was younger, I smoked it. I inhaled it. And I enjoyed it,” he said with a smile. “And I’m old enough to do it again.”

Calif. voters may decide pot legalization in ’16

california potBy Philip Ross, International Business Times

Marijuana legalization is once again lighting up California politics. The country’s largest state, along with Arizona and Nevada, has a ballot measure in the works to get legal weed before voters next November.

Advocates of legalization in California say if they can get marijuana to the polls in 2016, a presidential election year that will bring more out more young voters, it’ll pass with flying colors.

When retail marijuana went before California residents in 2010, 54 percent voted against it. Political analysts say that public opinion on pot has since shifted.

“I see a parallel — not a perfect parallel, but a parallel — with marriage equality,” Ben Tulchin, a pollster in San Francisco, told the San Francisco Chronicle Wednesday. “The first battle you may lose, like in California, but you start a conversation and get the dialogue going. … And you eventually see a very big shift.”

Read the whole story

Carson Shitty Sheriff Furlong (who sleeps with a tranny and daugher is a meth addict) Says Violent Crimes Tied to Marijuana because it’s a very dangerous drug

Carson City Sheriff Kenny FurlongRecreational marijuana is now legal in Colorado Washington, Alaska and Washington, D.C.  But the Sheriff of Carson City says he does not want to see that in Nevada. During his 12 years as Sheriff, Furlong says he has not had any violent crimes involving meth and heroin, like you might expect. But he says it’s a different story with pot.

“Second to domestic violence, marijuana is at the top of our list of violent acts, here in Carson City,” Furlong said.

Furlong says if you exclude the deadly IHOP shooting in 2011, Carson City has about one homicide per year. One of those happened just two years ago on Super Bowl Sunday.

See video of the jackass Kenny Furlong here: http://www.ktvn.com/story/28224992/carson-city-sheriff-says-violent-crimes-tied-to-marijuana

“One pulls out a gun, shoots the other right straight through the heart,” Furlong said. “Marijuana found at the residence.”

Meth and heroin users are often involved in burglaries and robberies. While those drugs are viewed as much more destructive, Furlong says users may harm themselves but don’t normally hurt others.

“A meth user, we call them tweekers,” Furlong said. “They just spin in circles. They don’t get anything done. He may threaten you but he just can’t get out of that circle of the effect of the drugs. Same with the heroin. But the marijuana user is a clear-headed person.”

See Kenny Fulong’s family problems caused by meth addiction here: http://youtu.be/toJocd2V2rY?t=4m21s

Furlong says he doesn’t think marijuana causes people to commit violent crimes, but says it plays a role.

“We have had several that are either directly or indirectly related to marijuana,” Furlong said. “It’s not the drug that we’re talking about. It’s the culture that surrounds it.”

He says that culture is like a religion to some people.  he Sheriff’s office has even seen deadly conflicts over stolen weed.

“It’s a cherished culture,” Furlong said. “And to violate that can produce some very dramatic effects, such as we’ve seen here.”

Many people are pushing to legalize pot for recreational use, in Nevada, — including Senator Tick Segerblom.  We tried today to get his reaction to sheriff furlong’s comments but he was traveling back to Las Vegas and was not available to talk.

Colorado Sells $34 Million Of Cannabis: $3.4 Million Goes To Schools, Crime Down 15%!

pot slotsIn 2012, Colorado and Washington state legalized the recreational use of marijuana, much to the dismay of anti-pot advocates.

They frequently alleged that it would make it easier for children to acquire, that more people would use it, that there would be more people driving while high, and that it would be an all around bad deal for these states.

In Colorado, it’s safe to say that the doomsayers were 100% wrong. Sales of recreational marijuana continue to rise with more than $34 million worth sold in August alone. big-money

That means that the state raised $3.4 million for building and maintaining schools in the state. At the rate the state is going, some $30 million will be brought in from pot taxes alone. That’s some serious dough!

Read more at http://higherperspective.com/2014/12/colorado.html#u5DGjcezE…

Former Alaska Senator Gravel Named Chief Executive of Nevada Cannabis Products Company

nevada potDemocratic Senator Mike Gravel, who represented Alaska in the 1970s, said on Wednesday he would head a Nevada company that develops and markets cannabis throat lozenges and other products in states that have taken steps to legalize weed.

The company said in a statement that Gravel, 84, will run KUSH, a subsidiary of publicly traded Cannabis Sativa Incorporated, where Gravel previously served for nine months on the board of directors. Gravel’s appointment comes two months after Alaska and Oregon voted to legalize marijuana use for recreational purposes in ballot initiatives that would usher in a network of retail shops, similar to those operating in Washington state and Colorado.

420 Friendly: Northern Nevada NAACP chief Jeffrey Blanck supports legalized pot

Nevada has awarded 55 provisional marijuana dispensary licenses.

Ken Ritter, Associated Press

The head of a civil rights group in northern Nevada said Friday the incoming state Legislature should legalize marijuana for recreational use instead of leaving the question to voters.

Jeffrey Blanck, president of the Reno and Sparks chapter of the National Association for the Advancement of Colored People, cast legalization as a race issue.

He pointed to studies, including a June 2013 report by the American Civil Liberties Union, that say blacks are far more likely than whites to face arrest and prosecution for marijuana possession. nevada pot

“I want the Legislature to do it because we elected them to be leaders,” Blanck said.

Blanck wants lawmakers to support a petition submitted by a group called the Coalition to Regulate Marijuana Like Alcohol, which said it submitted nearly 200,000 signatures — almost twice as many as needed to qualify for the ballot. Nevada Secretary of State Ross Miller has verified the signatures and approved the measure for the 2016 ballot.

If approved by voters, the proposed law would allow Nevada to join Colorado, Washington state, Oregon, Alaska and the District of Columbia in allowing recreational pot use.

It would make private possession of up to an ounce of marijuana legal for people over age 21. Sellers, growers and distributors would be licensed and regulated, and would pay a 15 percent wholesale tax on sales with the revenue dedicated to schools.

Jeffrey Blanck

420 Friendly: Northern Nevada NAACP chief Jeffrey Blanck supports legalized pot

The Nevada Legislature meets every two years for four months. It opens Feb. 2. If it refuses to consider the marijuana question, it will automatically appear on the November 2016 ballot.

“What harm is there to our society if a person is smoking marijuana in their home?” Blanck asked in a Sept. 4 letter he said was sent on NAACP letterhead to every state lawmaker. It pointed to the ACLU report, titled “The War on Marijuana in Black and White,” which studied 2001 to 2010 data from all 50 states and the District of Columbia.

Nevada ranked sixth-highest in the number of black people arrested for marijuana possession, with the 11th largest racial disparity in marijuana possession rates by race.

“The bottom line from the NAACP perspective is that black people are 4 1/2 times more likely to be arrested for marijuana possession than if you are white,” Blanck said Friday.

Jeffrey Blanck

Jeffrey Blanck, Nevada Lawyer and pot smoker

He told the lawmakers in his letter that Nevada spent $41.6 million in 2010 enforcing marijuana possession laws that could have been better used for education or health services.

Joe Brezny, a former Nevada Republican party official who now heads the Nevada Cannabis Industry Association and speaks for the initiative, has emphasized the economic benefit of taxing and regulating marijuana while reducing police costs.

He has teamed in the campaign with Democratic state Sen. Tick Segerblom of Las Vegas, who is also telling Republican colleagues that legalizing pot would avoid having an initiative on the November 2016 ballot that could attract Democrats to the polls.

Segerblom says the fact the GOP has control of both legislative houses for the first time since 1985 makes it less likely state lawmakers will legalize recreational pot use.

A local branch of the National Association for the Advancement of Colored People (NAACP) is getting involved in the push to make Nevada the next state to legalize marijuana.

Jeffery Blanck, president of the Reno-Sparks NAACP, sent a letter to all state lawmakers declaring, “It is time to end the failed war on marijuana.”

In an email to Marijuana.com, Blanck explained that the organization felt “that the best way to end the disparate treatment of people of color for marijuana arrests in Nevada was to legalize it.”

“Prohibition didn’t work and neither is criminalizing marijuana use and possession,” he said. “The enforcement money could be much better spent on education.”

The letter, first reported by the Reno Gazette-Journal, references a 2013 ACLU report which found that Nevada has the 11th most racially disparate marijuana arrest rate in the U.S. Blacks in the Silver State are 4.47 times more likely to be arrested for marijuana than whites are, even though usage rates are virtually the same.

“This is not a war on drugs, but a war on our local population,” the letter reads. “What harm is there to our society if a person is smoking marijuana in their home?”

Advocates recently turned in more than enough signatures to qualify a legalization measure for Nevada’s November 2016 ballot, but the NAACP’s Blanck doesn’t want the state to have to wait that long. He said legislators should enact the measure sooner, writing that the state’s arrest rates are “nothing to be proud of, seeing how we have historically been referred to as the ‘Mississippi of the West.’”

In recent years local NAACP groups have been active in efforts to legalize marijuana, starting with the California branch, which endorsed a 2010 initiative that ended up falling short on election day, but which made major national headlines and helped put ending prohibition on the map as a civil rights and racial justice issue.

“We have empirical proof that the application of the marijuana laws has been unfairly applied to our young people of color,” California NAACP branch head Alice Huffman said at the time.

Since then, NAACP branches have been involved in successful efforts to legalize marijuana in four states and the District of Columbia.

The D.C. effort in particular was framed as a racial justice campaign, with emphasis placed on using tax revenues from legal marijuana to help communities hit the hardest by prohibition.

“Given the damage that has been done to our communities from the war on drugs, it only makes sense that the revenues generated from the taxation of marijuana be reinvested into the communities harmed the most,” said Akosua Ali, president of NAACP’s D.C. branch. “This is the definition of socioeconomic justice.”

The national NAACP hasn’t backed legalization outright, but has endorsed a congressional bill to let states set their own marijuana laws without federal interference.

A 2013 poll found that 54 percent of Nevada voters support legalizing marijuana.

In Blanck’s letter to lawmakers, he says, “The trend of legalizing recreational use of marijuana is starting to sweep the country and Nevada needs to do the same.”

Video: Cop Says “Everybody That Plays Frisbee Golf Smokes Weed

disc golf weedAnkeny, IA- The city of Ankeny issued an apology Thursday on behalf of an officer who initiated a peculiar line of questioning about frisbee golf and marijuana during a minor traffic stop.

Video surfaced last week of an unidentified motorist being pulled over by an Ankeny officer, who is also currently unidentified. The driver was stopped for not having his headlights on and the interaction with the officer was benign at first, with the officer simply giving the man a warning.

However, the officer apparently noticed the driver had disc golf equipment inside the car and immediately asked him about the sport after returning the man’s identification.bad cop

“You play frisbee golf?” the officer asked. “I do,” the man replied, “a lot actually, I play over at Heritage.”

“Okay, I need you to answer me a question. Why is it that everybody that plays Frisbee golf smokes weed?” the officer then asked.

“It’s not everybody,” the driver responded, but the officer pressed on. “It’s everybody, man. You can’t tell me you never smoked weed.”

500 Pot Houses in South Tahoe Chief Says

stoned tahoeThere are an estimated 500 unpermitted, illegal marijuana grow houses on the South Shore according to local law enforcement. In the city limits, South Lake Tahoe Police Chief Brian Uhler estimates there are 300 houses where marijuana is growing illegally … South Lake Tahoe Police Chief Brian Uhler and Matt Underhill made a presentation to the South Lake Tahoe City Council recently, bringing the problem of illegal grow houses to light.

– See more at: http://www.inedc.com/1-9594#sthash.DgkdpXgz.dpuf

Carson City Sheriff Ken Furlong has no problem with medical pot

Carson City Sheriff kenny furlongCarson City Sheriff Ken Furlong has no problem with cancer patients and others being prescribed medical marijuana as part of their treatment, he said Tuesday. He added that his understanding of a new Nevada law is that even if he and other Carson City officials disagree with it, they don’t have the option of denying all licenses for a dispensary. The law approved by the 2013 Legislature sets out how many dispensaries are permitted in each county.

Sheriff Kenneth T. Furlong was born and raised in Carson City. He graduated from Carson High in 1975, then enlisted in the United States Air Force in 1978. While in the Air Force, Kenny earned an Associates Degree in Police Science, another Associates Degree in Criminal Justice and a Bachelors Degree in Criminal Justice Administration.

No problem with medical pot – Carson City Sheriff Kenny Furlong

He retired from the USAF, Office of Special Investigations, in 1998. Before his election to the Office of Sheriff, Kenny was employed as a Detective Sergeant with the Department of Public Safety, Major Crimes Unit. This appointment followed his transfer from the Nevada State Parole and Probation Department, where he served as a Court Services Officer and Field Supervision Officer.nevada pot

Since taking office, Sheriff Furlong has introduced several new programs and has reestablished a few from the past. The most visible programs include: Volunteers in Policing, Chaplain’s Program, Community Resource Officers, and a revitalized Reserve Program. He is committed to enhancing law enforcement in Carson City through educational opportunities, community involvement and youth/senior citizen contacts.

Kenny spends his free time with wife, Phyllis, their two grown children and two grandchildren. He also enjoys cars, motorcycles, sports and computers.

Sheriff Furlong is the 26th Sheriff to serve Ormsby County/Carson City since 1861.

Nevada Medical Marijuana Dispensary Law Signed By Brian Sandoval

nevadamarijuana1CARSON CITY, Nev. — After 13 years of waiting, medical marijuana patients in Nevada will soon have a legal way to obtain the drug without growing it themselves.

Republican Gov. Brian Sandoval signed SB374 into law in June 2013. The measure establishes the framework to make pot available to medical marijuana card holders, and imposes fees and requirements for growers, processors and dispensaries. It also contains provisions to continue to allow home-growing until 2016.

The tax revenue created will first fund the regulation of the dispensaries. Any remaining revenue will be funneled to education.

According to the National Conference on State Legislatures, Nevada is the 14th state to legalize medical marijuana dispensaries, and one of 19 states to allow medicinal pot, along with the District of Columbia. norml

 

 

Nevada Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

1 oz or less (first offense) misdemeanor N/A $ 600
1 oz or less (second offense) misdemeanor N/A $ 1,000
1 oz or less (third offense) misdemeanor 1 year $ 1,000
1 oz or less (fourth offense) felony 1* – 4 years $ 5,000
Or mandatory assessment or treatment for first and second offense
* Mandatory minimum sentence

With intent to distribute

Any amount felony 1* – 4 years $ 5,000
Following a felony conviction of any drug offense felony 1* – 5 years $ 10,000
If previously convicted of two or more drug felonies felony 3* – 15 years $ 20,000
* Mandatory minimum sentence

Sale or Delivery

Less than 100 lbs (first offense) felony 1* – 6 years $ 20,000
Less than 100 lbs (second offense) felony 2* – 10 years $ 20,000
Less than 100 lbs (third offense) felony 3* – 15 years $ 15,000
100 – 2000 lbs felony 1* – 5 years $ 25,000
2000 – 10,000 lbs felony 2* – 10 years $ 50,000
10,000 lbs or more felony 2* – life $ 200,000
* Mandatory minimum sentence

Cultivation

100 – 2000 lbs felony 1* – 5 years $ 25,000
2000 – 10,000 lbs felony 2* – 10 years $ 50,000
10,000 lbs or more felony 2* – life $ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession or use of paraphernalia misdemeanor 6 mos $ 1,000
Sale, delivery, manufacture, or possession with intent felony 1* – 4 years $ 5,000
Sale to a minor who is at least 3 years younger felony 1* – 5 years $ 10,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous (license suspensions, civil damages, etc…)

Knowingly maintaining a structure used for drug offenses felony 1* – 6 years $ 10,000
100 – 2000 lbs civil penalty N/A $ 350,000
2000 – 10,000 lbs civil penalty N/A $ 700,000
10,000 lbs or more civil penalty N/A $ 1,000,000
* Mandatory minimum sentence