With New Jersey's endorsement of medical marijuana, there may be no stopping the rehabilitation of cannabis from illegal drug to legitimate therapy.

Late yesterday, Gov. Corzine signed a law making New Jersey the fourteenth state to legalize medical pot. Four more states and the District of Columbia are expected to follow suit by year's end.

Story continues here.

There's a Mendocino County volunteer group working on drafting Medical Marijuana collective and co-op policy which may potentially be adopted by Mendocino County.  Naturally, this process needs volunteers and input both from those who are interested as well as those who have previously worked on related documents - we would love to see what you've come up with.  Please feel free to forward this to others you know who may wish to contribute.  Many hands make light work, as the saying goes.

Landmark Ruling Issued Today on Collective Cultivation of Medical Marijuana
Appellate court protects collective cultivation and affirms civil actions by patients

Sacramento, CA -- The California Third District Court of Appeal issued a landmark ruling today on the right under state law of patients to collectively cultivate. The 2-1 appellate court decision stems from the case County of Butte v. Superior Court involving a private medical marijuana collective of 7 patients in Paradise, California. The nationwide advocacy group Americans for Safe Access (ASA) filed a lawsuit in May 2006 on behalf of 56-year-old David Williams and six other collective members after a 2005 warrantless search of his home. Williams was forced by the Butte County Sheriff to uproot more than two-dozen plants or face arrest and prosecution. Contrary to state law, which allows for collective cultivation, Williams was told by the Sheriff that it was not lawful to grow collectively for multiple patients.

"This ruling by the California Courts sends yet another strong message to state law enforcement that they must abide by the medical marijuana laws of the state and not the competing federal laws," said Joe Elford, ASA Chief Counsel and the attorney that litigated the case on behalf of Williams. Today's appellate court ruling affirmed this position by concluding that, "the deputy was acting under color of California law, not federal law. Accordingly, the propriety of his conduct is measured by California law."

After an August 2004 raid on Charles "Eddy" Lepp's northern California property, the Drug Enforcement Administration reported the seizure of 32,524 marijuana plants.  According to Lepp, these plants were being grown by members of his Rasta ministry for qualified medical patients under California’s Compassionate Use Act.  To the federal government, which doesn’t recognize state medical marijuana law, the grow was considered entirely illegal and Lepp was prosecuted accordingly.  Over the next four years, he won a number of victories against the U.S. government, overcoming charges from a botched sales sting against him and getting the search warrant for his raid thrown out of court.  The case went downhill, however, when the judge ruled that the plants could remain in evidence because they were in plain sight from a public highway.  The same judge subsequently denied Lepp’s religious use claim, ruling that rights of religious expression were overriden by the government’s interest in preventing the diversion of such a large quantity of marijuana.  Lepp was still reeling from that denial, which he vehemently disputes, when his case finally went to trial in late August 2008.  Lepp himself took the stand in order to tell the jury that he was not guilty because he had not personally grown any of the marijuana; as he put it, he had simply opened up his land for use by members of his Rasta church.  However, Lepp was unable to convince the jury of this claim.  His emotional testimony about caregiving for his recently-deceased wife also failed to sway the jurors towards acquittal, and they quickly returned guilty verdicts on all charges.   During Lepp’s sentencing in May 2009, the judge reluctantly sentenced him to ten years in federal prison, saying the penalty was excessive but that she was constrained by mandatory minimum sentencing laws.  Lepp plans to appeal his convictions. Read more about Eddy's case here.

CHARLES EDWARD LEPP  #90157-011
FEDERAL CORRECTIONAL INSTITUTION
3600 GUARD ROAD
LOMPOC, CA  93436

High court refuses to hear state lawsuit brought by San Diego County

Washington, D.C. -- Medical marijuana advocates celebrated today as the U.S. Supreme Court refused to hear a landmark case brought by San Diego County. Advocates assert that the High Court's decision removes one of the final obstacles to full implementation of California's medical marijuana laws. The lawsuit filed by San Diego in 2006 challenged the state-mandate to implement an identification card program for patients based on the argument that state law is preempted by federal law. However, both the San Diego Superior Court and the Fourth District Court of Appeals rejected that argument, which was followed by the California Supreme Court's refusal to review the case in 2008. Despite this failure in the state courts, the San Diego Board of Supervisors voted to appeal to the U.S. Supreme Court.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), a national medical marijuana advocacy group, which represented patients in the county's lawsuit against the state. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

Gabriel Perez, Director Lutz VA Medical Center

The legalization of medical marijuana in Michigan is acknowledged. However, pursuant to federal law, VA physicians, nurse practitioners and other licensed clinicians are not authorized or permitted to participate in the recommendation for treatment of or prescribing medical marijuana to a VA patient that would otherwise be legal in Michigan. Furthermore, the VA will not dispense, prescribe or store medical marijuana, and its possession on VA property remains illegal and a criminal offense.

However, it is acknowledged that testing positive for marijuana in a patient, based upon a random drug screening, will not serve as a breach of the current pain management agreement if the patient submits documentation in support of the marijuana being prescribed and dispensed in conformity with Michigan law.

The above withstanding, veteran patients and visitors who are registered users of medical marijuana must follow all laws and regulations for the possession and use of the medical marijuana and shall not bring medical marijuana on the grounds of the VA medical center. Possession on federal grounds remains illegal and may subject the possessor to appropriate criminal charges.

Our priority to provide quality health care to veterans remains steadfast. A veteran's care and the right to pain management continue to be very important in enhancing the veteran's health care outcomes.

Veterans with questions or concerns regarding their participation with medical marijuana may be directed to their primary care provider.

Gabriel Perez
director
Lutz Veterans Affairs Medical Center
Saginaw

Source: http://www.mlive.com/opinion/saginaw/index.ssf/2009/05/letters_va_marijuana_policy_ou.html