State Battles Federal Government for Independence in Medical Marijuana Case

04 Jul 2013

Magistrate Maria-Elena James ruled that a cannabis dispensary in Oakland, CA, is free to stay open while local authorities fight federal prosecution to shut it down, reports Reuters.

The ruling came in on July 3rd, just under the wire for local supporters of the Harborside Health Center to celebrate their temporary medical marijuana freedom on the Fourth of July.

This long-standing court case between California and the US government is currently in an appeals stage, whereby the local government is contesting Magistrate James's February decision that the city has no right to interfere in a federal prosecutor's action to shut down or seize the property of the Oakland-based pot store.

Currently in the US, marijuana is not an approved drug according to the Federal Drug Administration (FDA), but rather an illegal narcotic. Still, the District of Columbia and 16 states have deemed cannabis to be legal if sold as a medicine prescribed by a doctor.

The medical world weighs in on marijuana

Outside of politics, the medical community has waged its own debate over the last decade about the health merits of marijuana. The Center for Medicinal Cannabis Research (CMCR), which is run by the University of California, has been conducting scientific studies for several years.

In one study involving effects of cannabis on pain from HIV-related peripheral neuropathy, the CMCR concluded that52% of patients who smoked marijuana had over a 30% reduction in pain, compared to 24% in the placebo group.

And in another study conducted by the CMCR and published by the Canadian Medical Association Journal (CMAJ), researchers found that smoked cannabis significantly reduced symptoms and pain associated with multiple sclerosis spasticity.

Cannabis for medical use is a polarizing issue

Still, the medical community is divided, with some professionals calling for more in-depth studies and research before medical marijuana is prescribed to patients.

A paper published by the National Center for Biotechnology Information (NCBI) suggests that:

"over the longer term cannabis may have unwanted systemic and psychoactive adverse effects that must be taken into consideration in chronic pain populations, who have high rates of co-occurring medical illness and co-morbid psychiatric and substance use disorders."

Whether a medical or political issue, medical marijuana has strong supporters who are either for or against it.

In an act of solidarity with the state's physicians, the Medical Board of California published standards for physicians who prescribe medical marijuana to patients.

According to a statement from the Board, physicians who prescribe cannabis will not receive any ill effects toward their physician's license, so long as they follow good medical practice during patient consultation, including:

History and good faith examination of the patient
Development of a treatment plan with objectives
Provision of informed consent including discussion of side effects
Periodic review of the treatment's efficacy
Consultation, as necessary
Proper record keeping that supports the decision to recommend the use of medical marijuana.

Though the case involving the fate of Oakland's medical marijuana dispensary has yet to be resolved, Cedric Chao, the attorney representing the city in the case, remains positive, saying:

"The court has recognized that Oakland has legitimate interests in protecting its residents' health, in promoting public safety, and in protecting the integrity of its legislative framework for the regulation of medical cannabis. Today's order, coming right before the July Fourth holiday, reminds us all that one of the strengths of our country is its independent judiciary."

The state of California and supporters of the Harborside Health Center may be on the verge of a metaphorical Boston Tea Party scenario with the federal government, but for this Independence Day, they can hold onto their tea.

Or even smoke it.

Written by Marie Ellis
Copyright: Medical News Today

References:

“California pot shop billed as world’s largest may stay open for now - judge”, Ronnie Cohen, Reuters, published online 3 July 2013.

“Cannabis for Treatment of HIV-Related Peripheral Neuropathy”, Donald Abrams, M.D., CMCR, published online. Link to Results.

“Medical Board Reaffirms its Commitment to Physicians Who Recommend Medical Marijuana”, Medical Board of California, published online 13 May 2004.

“Medical Marijuana: Clearing Away the Smoke”, I. Grant, J. Atkinson, B. Gouaux, B. Wilsey, Bentham Open, NCBI, published online 2012 May 4; DOI: 10.2174/1874205x01206010018

“Smoked cannabis for spasticity in multiple sclerosis: a randomized, placebo-controlled trial”, J. Corey-Bloom, T. Wolfson, A. Gamst, S. Jin, T. Marcotte, H. Bentley, B. Gouaux, CMAJ, published online 14 May, 2012, DOI: 10.1503/cmaj.110837

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California pot shop billed as world's largest may stay open for now -judge

By Ronnie Cohen
SAN FRANCISCO | Wed Jul 3, 2013 7:00pm EDT

(Reuters) - A medical marijuana dispensary billed as the world's largest cannabis store may stay open while the city of Oakland fights a U.S. government effort to shut it down or seize the property, a federal judge ruled on Wednesday.

There has been a tug-of-war in California between federal and local authorities over cannabis sold for purported health reasons.

In February, Magistrate Maria-Elena James, the same judge who ruled on Wednesday, said the city had no right to intervene in a federal prosecutor's civil-forfeiture action against the Harborside Health Center, which was featured on the Discovery Channel reality TV show "Weed Wars."

The city appealed the ruling, and James's latest order allows the dispensary to continue to sell marijuana to individuals carrying a doctor's recommendation while the appeal is under review. James called the question of Oakland's legal standing in the case "a matter of significant public interest."

Attorney Cedric Chao, who is representing the city in the case, called the ruling "very significant."

"The court has recognized that Oakland has legitimate interests in protecting its residents' health, in promoting public safety, and in protecting the integrity of its legislative framework for the regulation of medical cannabis," Chao said.

"Today's order, coming right before the July Fourth holiday, reminds us all that one of the strengths of our country is its independent judiciary."

Harborside's landlords have moved to evict the store under pressure from federal prosecutors, who have threatened to seize the property as part of a U.S. government crackdown on what it deems to be illegal pot shops in California.

The city of Oakland in October sued the federal government in an effort to allow Harborside to continue selling marijuana to its 100,000 patients. Oakland officials warned that a shutdown would lead to a "health crisis."

The city expects to collect $1.4 million in medical-pot sales tax revenue this year.

A representative for the U.S. Attorney's Office in San Francisco was not immediately available for comment.

Federal authorities in recent years have launched a crackdown in California and other states against what prosecutors consider an illegal network of cannabis suppliers established under state medical marijuana laws.

California was the first to legalize pot for medical purposes, and nearly 20 other states and the District of Columbia have enacted similar statutes, though marijuana is classified as an illegal narcotic under federal law.

(Editing by Steve Gorman, Toni Reinhold)

source:
http://www.mentalhelp.net/poc/view_doc.php?type=doc&id=50638&cn=289

Weed Wars

Find out more about Weed Wars. Get an inside look at the medical cannabis industry with the staff at Harborside Health Center... grossed $21 million last year in sales.

Discovery Channel
http://health.discovery.com/tv-shows/specials/videos/weed-wars.htm