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Marty: Who's to blame for the pot mess?
Jan 19, 2010
By Marty Richman
The recent opening of a pot club in downtown Hollister in defiance of the city zoning ordinances along with an identical incident in Gilroy and the explosion of clubs in San Jose brings up an obvious question: Who is at fault in this mess? As is usual when the whole system goes to pieces - I hesitate to say "goes to pot" - there is plenty of blame to go around.
The driving force behind the increase in pot club activity is not compassion - it is money. The operators see an opportunity for income and they are positioning themselves to make a lot more money in the future if the state legalizes marijuana.
Don't let the term non-profit fool you, the key personnel of some non-profits make out very well indeed. The IRS is now certifying about 50,000 new nonprofits every year and the reason for that is not compassion - money trumps compassion on a regular basis.
The argument by the owner of Purple Cross Rx that they can open downtown because other non-profits are located there is foolish. Zoning ordinances are based on the nature of the business, not its IRS tax classification. What's next, non-profit strip clubs?
The situation also highlights problems with the proposition system. Too many initiatives are designed to bypass the legislature and the governor - what sounds like a good idea may be unworkable without careful implementation. Unfortunately, politicians use the same loophole - there is no practical requirement for accuracy in political campaigns. The best defense is an informed public willing to ask tough questions before signing a petition or casting a vote. The public has to take that hit.
There is no reason to let the medical profession off the hook either. Money and friendly doctors are used in fraudulent insurance and disability claims, the same "services" are available to some seeking marijuana. In fact, the proposition was written to prevent the normal controls - diagnoses and prescriptions - we use with other drugs. It allows an "oral recommendation or approval of a physician." "Doc, it hurts" and $250 will put you in business with dishonest practitioners or you can just lie and save the payoff.
The following comes from the U.S. Drug Enforcement Administration Website, a division of the Department of Justice:
"In California there is no state regulation or standard of the cultivation and/or distribution medical marijuana. California leaves the establishment of any guidelines to local jurisdictions, which can widely vary. ... Local and state law enforcement counterparts cannot distinguish between illegal marijuana grows and grows that qualify as medical exemptions. Many self-designated medical marijuana growers are, in fact, growing marijuana for illegal, 'recreational' use."
Scott McPhail, the owner of Hollister Purple Cross Rx pot club, was quoted in The Weekend Pinnacle saying, "If the president says it's all right [for the dispensaries to operate], what gives the mayor the right to say they can't?" and therein lies one key to the issue.
The president and justice department have an obligation to enforce laws, even those they do not like; they have taken an oath to do so. Californians chafe under federal laws they oppose; nonetheless, we expect them all to comply, can we ask less of the president? Officials must use resources to the best of their ability, but there is a difference between setting priorities and actively encouraging neglect, as the administration has done.
Local officials have had this mess dumped in their laps. When the federal and state governments fail to live up to their responsibilities, then it's the duty of those local officials to step up and fill the void; that's what they are for.
Marty Richman is a Hollister resident. Reach him at cwo4mgr@yahoo.com.
Marty Richman
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Legalize It 2 days ago
As usual with Marty, there is some truth to what he expresses regarding Medical Marijuana Dispensaries...and a whole lot of hyperbole against the movement. Prop 215 allows for collectives to utilize the capitalist free market system to finance its agrarian operation; i.e. it costs money to grow cannabis and there are patients willing to pay for the medicine. Non profits are staffed and owners pay themselves to administer and operate the business. So yes, money compensates medical marijuana operations. But there is also plenty of anecdotal evidence for operations that provide medical cannabis to patients at no or low cost. Marty or Mainstreet can't recognize that.
Arguably, Harry Anslinger and William Randolph Hearst are to blame for the pot mess. The campaign to demonize cannabis use lead to the Controlled Substances Act of 1970 which classified cannabis as a Schedule 1 Controlled Substance:
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision."
California State law Prop 215 allows for medically recommended use of cannabis contrary to current federal law. President Obama defers to states rights to govern medical marijuana which many support. The AMA is reviewing its policy position on cannabis with the goal of removing its classification as a schedule 1 controlled substance so that modern scientific methodology can be applied to research its medical efficacy. In the meantime, legal medical marijuana dispensaries struggle with a cultural hegemony against cannabis use aided by the press (that would be Marty and Mainstreet Media in this case).
This isn't a mess per se. It is a cultural revolution that challenges state and federal law against the use of cannabis. And the revolution is making huge progress. California voters will have the opportunity this year to decriminalize and regulate marijuana. Power to the people.
Jan 19, 2010
By Marty Richman
The recent opening of a pot club in downtown Hollister in defiance of the city zoning ordinances along with an identical incident in Gilroy and the explosion of clubs in San Jose brings up an obvious question: Who is at fault in this mess? As is usual when the whole system goes to pieces - I hesitate to say "goes to pot" - there is plenty of blame to go around.
The driving force behind the increase in pot club activity is not compassion - it is money. The operators see an opportunity for income and they are positioning themselves to make a lot more money in the future if the state legalizes marijuana.
Don't let the term non-profit fool you, the key personnel of some non-profits make out very well indeed. The IRS is now certifying about 50,000 new nonprofits every year and the reason for that is not compassion - money trumps compassion on a regular basis.
The argument by the owner of Purple Cross Rx that they can open downtown because other non-profits are located there is foolish. Zoning ordinances are based on the nature of the business, not its IRS tax classification. What's next, non-profit strip clubs?
The situation also highlights problems with the proposition system. Too many initiatives are designed to bypass the legislature and the governor - what sounds like a good idea may be unworkable without careful implementation. Unfortunately, politicians use the same loophole - there is no practical requirement for accuracy in political campaigns. The best defense is an informed public willing to ask tough questions before signing a petition or casting a vote. The public has to take that hit.
There is no reason to let the medical profession off the hook either. Money and friendly doctors are used in fraudulent insurance and disability claims, the same "services" are available to some seeking marijuana. In fact, the proposition was written to prevent the normal controls - diagnoses and prescriptions - we use with other drugs. It allows an "oral recommendation or approval of a physician." "Doc, it hurts" and $250 will put you in business with dishonest practitioners or you can just lie and save the payoff.
The following comes from the U.S. Drug Enforcement Administration Website, a division of the Department of Justice:
"In California there is no state regulation or standard of the cultivation and/or distribution medical marijuana. California leaves the establishment of any guidelines to local jurisdictions, which can widely vary. ... Local and state law enforcement counterparts cannot distinguish between illegal marijuana grows and grows that qualify as medical exemptions. Many self-designated medical marijuana growers are, in fact, growing marijuana for illegal, 'recreational' use."
Scott McPhail, the owner of Hollister Purple Cross Rx pot club, was quoted in The Weekend Pinnacle saying, "If the president says it's all right [for the dispensaries to operate], what gives the mayor the right to say they can't?" and therein lies one key to the issue.
The president and justice department have an obligation to enforce laws, even those they do not like; they have taken an oath to do so. Californians chafe under federal laws they oppose; nonetheless, we expect them all to comply, can we ask less of the president? Officials must use resources to the best of their ability, but there is a difference between setting priorities and actively encouraging neglect, as the administration has done.
Local officials have had this mess dumped in their laps. When the federal and state governments fail to live up to their responsibilities, then it's the duty of those local officials to step up and fill the void; that's what they are for.
Marty Richman is a Hollister resident. Reach him at cwo4mgr@yahoo.com.
Marty Richman
Got a question or a comment? Send us an email.
POST A COMMENT
Legalize It 2 days ago
As usual with Marty, there is some truth to what he expresses regarding Medical Marijuana Dispensaries...and a whole lot of hyperbole against the movement. Prop 215 allows for collectives to utilize the capitalist free market system to finance its agrarian operation; i.e. it costs money to grow cannabis and there are patients willing to pay for the medicine. Non profits are staffed and owners pay themselves to administer and operate the business. So yes, money compensates medical marijuana operations. But there is also plenty of anecdotal evidence for operations that provide medical cannabis to patients at no or low cost. Marty or Mainstreet can't recognize that.
Arguably, Harry Anslinger and William Randolph Hearst are to blame for the pot mess. The campaign to demonize cannabis use lead to the Controlled Substances Act of 1970 which classified cannabis as a Schedule 1 Controlled Substance:
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision."
California State law Prop 215 allows for medically recommended use of cannabis contrary to current federal law. President Obama defers to states rights to govern medical marijuana which many support. The AMA is reviewing its policy position on cannabis with the goal of removing its classification as a schedule 1 controlled substance so that modern scientific methodology can be applied to research its medical efficacy. In the meantime, legal medical marijuana dispensaries struggle with a cultural hegemony against cannabis use aided by the press (that would be Marty and Mainstreet Media in this case).
This isn't a mess per se. It is a cultural revolution that challenges state and federal law against the use of cannabis. And the revolution is making huge progress. California voters will have the opportunity this year to decriminalize and regulate marijuana. Power to the people.