Bay Area
Sacramento Plans to Make Changes Zoning Regulations
The city of Sacramento is making moves to allow cannabis cultivation in agricultural, industrial and commercial areas as the Sacramento City Council Law and Legislation Committee approved an ordinance that will allow such changes. Currently, cultivation is restricted to residential areas in Sacramento, and the city has until March 1 to create new legislation before the California Department of Food and Agriculture becomes the sole regulator for the city’s cannabis laws. Collectives licensed to run in the city are expected to meet up with the Community Development Department to finalize any changes to the ordinance, according to Capital Public Radio. Final approval is needed from the Planning and Design Commission, who is expected to vote on the movement sometime this month and a vote by the City Council is expected to take place in February.
Registry Open for Medical Cannabis Cultivators in Humboldt County
The Humboldt County Planning Commission passed legislation that immediately went into effect, allowing cultivators to participate in a medical cannabis registry, according to KRCR News. By registering, cannabis cultivators will be able to determine whether or not they are in “good standing” with the county and those in good standing on the registry will have top priority in licensing. To be clear, this registry does not permit cultivators to legally grow under current California law; rather it is a necessary step in being able to do so. The county had 30 days to determine exactly how cultivators will qualify to be in “good standing.” Legislation requires that those in good standing must continue to comply to the county’s regulations if they want that status to remain.
Colorado
Colorado Springs City Council Gives Preliminary Approval for Cannabis Paraphernalia Law
The Colorado Springs City Council voted 7-2 to give approval for a city mandated ordinance forbidding minors below the age of 18 to be in possession of cannabis paraphernalia, unless they are registered medical patients. Although the regulations comply closely with state law, the punishments are slightly more severe. For example, the city ordinance charges a fine of $500 to offenders, when the state maximum is only $200. Other possible consequences include probation or a deferred sentence along with treatment, according to Colorado Springs Gazette. Many parents have reported that this new law is unfair for first time offenders, and show concern that children who handle cannabis paraphernalia without intended use will be labeled as criminals. The City Council will make a final decision on January 12.
Updates on Colorado’s New MMJ Guidelines for Physicians
In November, CULTURE featured an article about the Colorado Medical Board’s latest regulations on how physicians will be able to administer medical cannabis to patients 18 years and older. These guidelines stated that doctors must conduct consultations in person, review patients’ history with other medicines and narcotics, review patients’ mental and physical well being and conduct a pain assessment on patients to make sure that they truly qualify. An official document published on November 19 stated details associated with these regulations. Other guidelines specified in the official document are that physicians must maintain a relationship with patients prior to administering medical cannabis, educate their patients on the effects of cannabis and follow up with their progress after administering cannabis. Aside from having to abide by the guidelines set forth in administering medical cannabis, physicians must make sure to “develop and maintain” these habits in order to keep their DEA certification.
Los Angeles
Santa Maria Prohibits Cannabis Cultivation but Approves Delivery Services
The Santa Maria City Council voted unanimously on the ban of medical cannabis cultivation, but decided to allow delivery services from outside of the city to supply patients. Although the City Council has laid down legislation that prohibits collectives from running within the city, delivery services have not been banned, according to KSBY 6. With the recent passing of the Medical Marijuana Regulatory and Safety Act, state law dictates that medical cannabis can be delivered to certified patients by collectives in cities or counties that do not have laws against such services. Since there is currently no city legislation against delivery services in Santa Maria, state legislation is all that applies to these services, granting convenient access for medical cannabis patients. If the city decides it wants to regulate delivery services, it has until March to do so.
La Cañada Planning Commission Hopes Reinforce Medical Cannabis Legislation
The La Cañada Flintridge Planning Commission is taking action to ensure that changes to the city’s cannabis laws are made before the Medical Marijuana Regulatory and Safety Act overrules its legislation. The Commission made a recommendation to the City Council on November 1, urging members to continue to prohibit collectives, while banning cultivation and delivery services within the city, according to The Los Angeles Times. In 2011 the La Cañada City Council voted unanimously to ban collectives within its region, but did not set any bans on cultivation or delivery services. The Council must update its legislation before March 2016, if it wants to keep medical cannabis out of the city completely. The Council will not review this recommendation before press time, but Deputy City Attorney, Adrian Guerra states that, if adopted, the motion will go into effect mid-January.
Michigan
Michigan Judges Prohibit use of Medical Cannabis in Parked Cars
Court of Appeals judges made a ruling that states that medical cannabis patients can be prosecuted for using cannabis in their cars, while parked in public places. This ruling arose from a case involving medical cannabis patient, Robert Michael Carlton, according to The Detroit News. Carlton was charged with misdemeanor for smoking cannabis in his car outside of the Soaring Eagle Casino in Mount Pleasant, but was later granted immunity by the lower courts. Court of Appeals judges disagreed with this decision, referencing the statewide ban of medical cannabis use in public places. The judges believe that although Carlton was in the privacy of his car, the parking lot he was parked in was an open public space. Carlton’s charges have been reinstated and he must go to trial to plead his case.
Gaylord Planning Commission Supports Movement to Incorporate Medical Cannabis Collectives
The Gaylord Planning Commission voted unanimously to recommend a medical cannabis ordinance to the City Council, according to Gaylord Herald Times. The Commission made its decision based off a petition that earned 300 signatures in support of incorporating medical collectives into the city’s zoning ordinance. If the City Council approves this amendment, the city’s current zoning ordinance would allow for regulated cannabis collectives to be located in the C-1 General Commercial District. Planning commission member, Vic Ouellette states that he would not have supported the movement if he had not visited a few collectives beforehand. “It’s a legitimate business,” Ouellette said revealing that he is aware of the collectives’ patients and their sincere need for medical cannabis. The City Council plans on reviewing this movement at a later date.
Oregon
First Commercial Cannabis Grow Site is Approved for Astoria
Two business owners’ plans to convert a deserted warehouse into a grow site for recreational cannabis was approved by the Astoria Planning Commission. Jason Oei and Chris West told the Planning Commission that they are working with Pacific Power to ensure proper power needs are met and plan to make improvements to the abandoned warehouse, according to The Daily Astorian. Following their announcement of plans to develop the warehouse, the Planning Commission unanimously decided to approve the new grow site. Now, further progress of the project must wait until the Oregon Liquor Control Commission begins accepting applications for commercial growers, wholesalers, processors and retailers this month. Since recreational cannabis became legal in Oregon in July, only a few commercial dispensaries have opened so far.
Cannabis Cafés and Clubs Banned in Oregon
A recently added section to the Oregon Clean Air Act has been enacted in order to ban vaporizer pens and e-cigarettes from being used in public areas and workplaces, as well cannabis cafés and clubs, according to The Oregonian. The newly added legislation states, “A person may not aerosol or vaporize an inhalant or a lighted instrument in a public place or place of employment except as provided by ORS 433.850.” Although this means that smoking will not be permitted in cannabis clubs or cafés, this does not prohibit tobacco smoking in cigar bars and smoke shops. Since state-law prohibits clubs and cafés from selling cannabis, there really is no use for such establishments if there is no way around the state’s regulations. The act becomes effective after January 1.
San Diego
Studies Show That Medical Cannabis Laws are Linked to Decrease in Obesity
A study led by San Diego State University economist, Joseph Sabia, has shown that declines in obesity are linked to the use of medical cannabis and legalization, according to The San Diego Union Tribune. With the help of Cornell University in New York, researchers studied data from the CDC’s Behavioral Risk Factor Surveillance System and determined how medical cannabis affected body weight, physical wellness and exercise in states with enacted laws. The study revealed that states with medical cannabis laws had a two to six percent decline in obesity probability with a $58-$110 decrease in obesity-related medical costs. This doesn’t mean that cannabis will become the latest weight-loss trend, as the findings represent large groups of people. “We are certainly not arguing that medical marijuana laws are a central tool in the fight against obesity. We are arguing that there is an unintended health benefit of these laws in that regard,” Sabia notes.\
Collective Fined $1.8 Million for Violating Zoning Laws in San Diego
Pacific Beach Collective, SoCal Holistic Health Inc. and its president, Ryan Murphy have been fined $1.8 million for operating their collective in violation of city zoning laws. Superior Court Judge, Timothy Taylor, made the ruling, fining Murphy and SoCal Holistic $2,500 for each of the 734 days that the collective was in operation. The offenders are also expected to reimburse the city’s Code Enforcement Division $1,065 of investigative costs, according to San Diego Community News Group. SoCal Holistic Health Inc. was supposed to close in February 2015 after the City Attorney’s Office filed an injunction and penalties against Murphy and the collective in December 2014. The offenders in turn filed a cross-complaint against the city, stating that the city’s zoning laws violated their constitutional rights, but the complaint was denied.
Washington
Businesses in Whatcom County Apply to Sell Medical Cannabis
The Washington State Liquor and Cannabis Board has received 19 applications for businesses interested in selling medical cannabis in Whatcom County. So far, the Board has approved six access points that have been running as recreational retailers, according to The Bellingham Herald. The Board started to receive applications in October as a way of ensuring properly mandated distribution of medical cannabis, as it is being incorporated into the recreational industry. Since medical cannabis has been unregulated until recently, medical access points must apply for a recreational license and the endorsement. Medical cannabis will not go on sale until July 1, 2016 when the endorsement goes into effect. Any medical access points existing after July 1 without proper licensing must shut down. Applicants for the endorsement are being chosen based on three priorities, with top priority going to those who applied for a medical cannabis license prior to July 1, 2014.
Zoning Ordinance Coming into Place in Olympia
The Olympia City Council approved a first reading for a zoning ordinance that would allow more recreational access points, according to The Olympian. The ordinance will bring the access point count in the city from 243 to 427, and will reduce the 1,000-foot buffer zones to 500 feet in some cases, with the exception of the state mandated 1,000 feet rule which pertains to schools and playgrounds. The Liquor and Cannabis Board has made it clear that permits will be denied to any applicant whose business violates the 1,000-foot limit. Many access points will be forced to close or be relocated, such as Reiner Xpress, a facility dedicated to helping veterans, which does not meet the buffer requirement because it is located near a playground. Out of the 11 medical cannabis access points in Olympia, only two are already properly zoned. Although the ordinance received a first reading at the beginning of December, there was no further news to report regarding an update on the second and final reading of the ordinance as of this writing.
National
Intractable Pain Approved as a Qualifying Condition for MMJ in Minnesota
Minnesota has added intractable pain to its small list of conditions that qualify patients to use medical cannabis. The decision was announced by the Department of Health’s Chair, Ed Ehlinger, nearly a month before the state’s January 1 deadline, according to Lexington Herald-Leader. Intractable pain is defined by the state as “pain that can’t otherwise be treated or cured” and is common amongst those who have been in car crashes or have undergone back surgery. The state’s medical cannabis program already has 760 patients, it is unsure how much the recently added condition will add to this amount, but concerns have risen as to whether or not the state’s two approved medical cannabis providers will be able to meet the demands of patients. Minnesota was the 19th state, out of the 24 that have legalized medical cannabis, to add intractable pain to its list of qualifying conditions. Ehlinger will be able to consider and approve other conditions throughout next year, prospectively expanding the list.
International
Germany Embraces the Cultivation of Medical Cannabis
The German government has decided to permit the cultivation of medical cannabis within the country. This comes as a relief for the German Hemp Association (Deutscher Hanfverband – DHV), who made this demand long ago for patients to have guaranteed access to the plant, according to DHV. This new regulation will eliminate Germany’s dependence on imported medical cannabis and contribute greatly to the country’s economy. George Wurth, Spokesman for the DHV, states, “Finally, the German economy is not decoupled and can develop their own cannabis industry. We are increasingly being contacted by entrepreneurs, interested in the production of medical cannabis.” Although this is great news, the DHV still demands that the government should allow patients to grow their own cannabis, which would allow them to eliminate insurance agencies and grow strains they find more appropriate for treating their conditions.