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Many States Mulling Medical Marijuana Bills
By Bara Vaida
WebMD Health News
Reviewed by Arefa Cassoobhoy, MD, MPH
Feb. 12, 2015 -- This year, more than a dozen states are expected to consider proposed laws to legalize or expand access to medical marijuana.
Bills introduced in 10 states aim to permit some form of legal medical pot for the first time. In six states, law-makers are expected to consider measures that would expand the scope of existing medical marijuana laws.
“What we are seeing now is, governors who were once pretty hesitant about considering medical marijuana are now realizing that it isn’t the political liability they thought it was, even a year ago,” says John Hudak of the Brookings Institution. That's a nonpartisan think tank based in Washington, D.C.
In 23 states, the District of Columbia, and Guam, comprehensive medical marijuana programs are now legal. Last year, 11 other states passed limited versions of such laws. These measures allow parents of children with severe forms of epilepsy or other seizure disorders access to a form of marijuana that's low in THC (the ingredient that gives users a “high”) but high in cannabidiol (CBDs), a non mood-altering ingredient.
Over the past year, support has grown among congressional leaders, federal officials, and doctors’ groups to permit medical research on marijuana, driving continued action in the states.
In December 2014, Congress passed legislation that effectively ends the federal ban on medical marijuana in states where it is legal.
“The vote by Congress (in 2014) shows that medical marijuana has made significant strides in becoming an issue of national consideration,” says Malik Burnett. He's a policy manager for the Drug Policy Alliance, an advocacy group based in Washington, D.C. “There is a growing bipartisan consensus that states should be allowed to set their own policy on marijuana.”
What's more, the nation’s top doctor, Surgeon General Vivek Murthy, said on Feb. 4 that some research shows medical marijuana can help against certain health conditions and symptoms. And the American Academy of Pediatrics recently endorsed more research.
Since 1972, pot has been classified under federal law as an illegal drug with no medical value. The FDA is reviewing medical evidence surrounding marijuana, which could lead to changing its classification and enabling its use for medical purposes.
http://www.webmd.com/mental-health/news/20150212/states-medical-marijuana-legislation
Final Arguments in Schedule I Hearing;Decision Expected in March
Judge Kimberly Mueller subjected both prosecution and defense attorneys to pointed questioning in the final hour of a federal hearing to determine the constitutionality of the continued classification of cannabis under Schedule I. Judge Mueller, who declined to announce any ruling from the bench, indicated that she intends to release her ruling as a written opinion in about 30 days.
Much of Mueller’s questioning revolved around legal esotera which may nevertheless prove the hinge of the present case. Judge Mueller opened with what she called the “threshold question” of jurisdiction, noting that no court may rule on legal questions which are not properly before it. It was a principle which US Attorney Gregory Broderick returned to repeatedly, maintaining that the entire hearing is a waste of time when the question of cannabis’ legality is one properly for Congress and the President, not a federal judge. Yet despite Broderick’s protestations, Judge Mueller, who has already scheduled nearly a week of court time to the hearing, did not give any indication of sympathy to his position.
Mueller appeared to assign more credence to Broderick’s argument that even if she could properly hear the case, the ultimate outcome is irrelevant. About 20 minutes of the 1.5 hours of argument were devoted to the question of whether the debate was over cannabis’ status as a Schedule I controlled substance or just the drug’s status as a “controlled substance” in general. While the question may seem emblematic of the ability of attorneys to split hairs ad infinitum, its outcome may well prove the difference-maker in the fates of seven defendants: if the prosecution doesn’t have to prove that it is rational to hold cannabis in Schedule I specifically — arguing instead that it is rational to file it somewhere in the schedules of controlled substances in general — their case is much easier to make. It was a point that defense attorney Zenia Gilg pushed hard against, arguing that a ruling for her clients would not call for a de facto rescheduling but rather decriminalization — removing cannabis from the list of schedules entirely.
Even so, Judge Mueller’s questions from the bench did not appear to indicate a willingness to dispose of the matter on purely technical grounds. For example, she posed a scenario to Broderick which she called “hypothetical” but which seemed to betray a well thought-out plan: “Let’s assume,” she proposed to Broderick, “that I reach a decision on the merits, using either a rational basis test or what another judge has called ‘rational basis with bite'” — a reference to an intermediate level of equal protection scrutiny somewhere between the highly deferential “rational basis” test and the highly dubious “strict scrutiny” analysis. Under such a “rational basis with bite” analysis, the case’s seven defendants would fare much better than under the standard “rational basis” test, because instead of having to show that cannabis’ Schedule I status has no rational relationship to any legitimate government interest, they would merely have to demonstrate that its classification bears no “substantial” relationship to any “important” government interest — a significantly more favorable standard.
It was an analysis Broderick side-stepped entirely during his final argument, insisting instead that Judge Mueller apply a rational basis standard and arguing confidently from the lazy burden it places on his legal team. “It’s a low bar we have to clear,” the prosecutor continually reminded the judge, maintaining that if an idea were “imaginable” or even “debatable,” then that by itself meant that it was rational. In Broderick’s view, the Schedule I status of cannabis is not only debatable; it is in fact being debated — he pointed out that prosecution witness Dr. Bertha Madras and defense witness Dr. Carl Hart had held a debate on that very topic at a university campus in Florida mere days before the opening of the hearing. This prompted Judge Mueller to crack a round of questions regarding the credibility of the competing expert witnesses: “If I rule for you,” she asked Gilg, “do I need to find that Dr. Madras is not credible?”
“You don’t have to,” answered Gilg, “but you do have to look at the underlying basis of her decision,” noting Madras’ apparently contradictory positions of maintaining that the active ingredients in whole-plant cannabis had “tantalizing” promise of therapeutic benefit, but that the whole plant itself was categorically not medicine. “It’s like saying you can have the vitamins contained in a carrot,” Gilg analogized, “while saying you can’t eat the carrot.”
Such comparisons didn’t faze Broderick, who stuck to his message that even though the prosecution’s case wasn’t incredibly strong, they should still win on the basis of the low bar set before them. “If Congress heard all the testimony you have heard in this hearing,” he conceded to Judge Mueller, “they may very well decide not to put marijuana in Schedule I.” But because one could “conceive” or even “imagine” a basis for keeping a drug now legalized for medical use in 23 states in a schedule which declares it to have no medical use whatsoever, the prosecutor argued that it should stay there.
But Gilg retorted that just because one can conceive or imagine alternate explanations does not necessarily mean those explanations are rational, pointing out that members of the Flat Earth Society may just as easily convene to imagine reasons why the planet doesn’t look all that flat from space.
“The world is round,” Gilg concluded. “That’s a fact.”
http://theleafonline.com/c/politics/2015/02/final-arguments-schedule-hearing-decision-expected-march/
Pig Eats Owner's Pot, Man Has A Meltdown
After his pet pig ate all of his marijuana, a furious Ohio man went on a drinking binge that resulted in his bust Saturday for disorderly conduct and resisting arrest, police report.
While the pig, named Millie, ended up with pot in her belly, she is not a pot-bellied pig, based on a review of photos of the animal.
Investigators say that Chad Spohn, 44, became highly intoxicated after drinking a bottle of Everclear, the 190-proof alcohol. Spohn threatened to harm himself during several 911 calls, according to a Washington County Sheriff’s Office report.
Upon arriving at the Spohn residence in Waterford, deputies learned from Spohn’s wife Heather that he was upset over their marital problems and "because their pig had ate all of his marijuana.” She added, “Chad gets upset when he does not have marijuana.”
Spohn was "highly agitated" and uncooperative with deputies and, after a tussle, “had to be subdued with a Taser in order to be placed under arrest.” He was charged with disorderly conduct by intoxication and resisting arrest, both misdemeanors.
Millie has lived with the Spohns since she was a piglet. Chad Spohn and the pig are pictured above in a photo taken last month.
According to posts on Spohn’s Facebook page, the pig got to his pot because he failed to put it on a shelf out of the animal’s reach. “well the wife said just because i didnt put my stuff up and she ate it that it is my fault and i go before the pig. i guess i will be putting in some higher shelves,” he wrote the day before his arrest.
Spohn, seen in the above mug shot, is now seeking a new home for Millie.
In a message to his Facebook friends, he wrote, “anyone want a pig she is free and comes with food and cage. she is house broken as long as you show her where to go. if you have a dog she will follow it.” He added, “i just dont have time for her anymore.”
NOTE: All your brilliant pig/pot quips (like “wakin’ and bacon”) should go in the below Facebook comments section.
http://www.thesmokinggun.com/documents/animals/pig-eats-owners-pot-879041
US Surgeon General Acknowledges “Marijuana Can Be Helpful”
Newly appointed US Surgeon General Vivek Murthy believes that cannabis possesses therapeutic utility — an acknowledgment that contradicts the plant’s present placement as a Schedule I controlled substance under federal law.
Speaking to CBS News, Murthy said: “We have some preliminary data showing that for certain medical conditions and symptoms that marijuana can be helpful.” He added, “I think we have to use that data to drive policy making and I’m very interested to see where that data takes us.”
Dr. Murthy was confirmed as US Surgeon General late last year.
His statements appear to be inconsistent with the Schedule I classification of marijuana under federal law — a scheduling that defines the plant and its organic compounds as possessing “no currently accepted medical use... in the United States” and lacking “accepted safety... under medical supervision.”
Next week in Sacramento, a federal judge will hear final arguments in a motion challenging the constitutionality of cannabis’ Schedule I classification. In October, defense counsel and experts presented evidence over a five day period arguing that the scientific literature is not supportive of the plant’s present categorization.
http://www.hightimes.com/read/us-surgeon-general-acknowledges-“marijuana-can-be-helpful”
Clark County sued over medical marijuana actions
By BEN BOTKIN
LAS VEGAS REVIEW-JOURNAL
A barrage of medical marijuana lawsuits has been filed against Clark County, the largest local government in Nevada to play a role in approving dispensaries.
Five medical marijuana dispensary applicants are suing the County Commission in three separate lawsuits that call into question the legality of the county’s process of issuing special use permits to dispensary applicants. The outcome affects more than just dispensary owners — patient access is also at issue because there are fewer dispensaries spread throughout the county.
Only 10 dispensary applicants have gained the necessary approvals from both the state and the county to set up shop, even though the law allows up to 18 dispensaries in unincorporated Clark County.
The state is just opening the green gates to the medical marijuana industry, after state legislation in 2013 laid out the groundwork for a regulated system of dispensaries, grow houses, production facilities and laboratories. That system sparked an intense, competitive medical pot rush for the Silver State, as applicants jockeyed from Las Vegas to Reno for a shot at what’s expected to be a lucrative dispensary slot. Nearly 80 companies applied in Clark County alone.
The five dispensary applicants suing the county are part of eight applicants approved by the state Division of Public and Behavioral Health, but not the county.
Because the county’s and state’s top picks didn’t match up, there are eight applicants who received approval from only the state, and a separate group of eight applicants who only received approval from the county.
The thrust of the separate filings is largely the same: That the county erred by only issuing special use permits to its favored 18 applicants before the state ranked them and tried to force the state’s hand without regard to the state’s ranking system. The lawsuits seek court orders forcing the county to issue special permits, contending that the applicants meet all the requirements needed for county permits.
Livfree Wellness and Nuleaf Clark Dispensary, both limited liability companies, joined forces for one of the lawsuits, filed Monday in Clark County District Court. They contend that when the county only issued special use permits to its favored 18 applicants, officials “erroneously thought that in doing so, it could dictate who would be the successful applicants at the State level.”
They also called the county’s June 2014 application process “flawed.”
County spokesman Erik Pappa declined to comment, citing the pending litigation.
When the commission initially tapped its 18 picks in June, it held dozens of the remaining applicants “in abeyance” without a final decision, including the five suing. In December 2014, commissioners denied all of them. The lawsuit argues that county officials didn’t have any legitimate land use basis for its rejection and that the county “acted illegally.”
Another of the three lawsuits was filed by Naturex, a limited liability company. Like the others, Naturex points out that the law gives state-picked applicants up to 18 months to get all the local government permits.
Tryke Companies SO NV and Medifarm, both limited liability companies, filed the third lawsuit last week.
Clark County isn’t the only one being sued. In a separate lawsuit, county-approved dispensary applicants who didn’t make the state cut are suing the Nevada Division of Public and Behavioral Health over its process, alleging the state didn’t give them a fair shake.
The first run at the process has been marred with confusion. State officials had said in public meetings that the division would move down the list when ranking applicants if any of its top picks didn’t have local approval. But the state only issued provisional certificates to 18 medical marijuana dispensary applicants in the county.
Based on those statements, county officials asked if the state would follow that process and issue additional provisional certificates. But the division later said no and that the 90-day period in state law for reviewing applications was over.
Contact Ben Botkin at bbotkin@reviewjournal.com or 702-405-9781. Find him on Twitter: @BenBotkin1.
Justice will prevail !!
http://m.reviewjournal.com/news/las-vegas/clark-county-sued-over-medical-marijuana-actions
Shareholder Value
What value do shareholders bring to the companies they invest in? Are most shareholders interested in what is best for the company, or are they in it only for the financial performance of the company’s shares?
http://www.forbes.com/sites/keldjensen/2013/03/18/to-hell-with-shareholder-value/
Obama: States more likely to legalize pot
President Obama believes more states are likely to legalize marijuana following efforts in Colorado and Washington state.
"My suspicion is that you're going to see other states look at this," the president said in an interview with YouTube blogger Hank Green. Obama said that the federal government was "not going to spend a lot of resources" enforcing federal marijuana laws in states that had decided to legalize the drug. He also noted that the Department of Justice was examining how to shift policies for nonviolent drug offenders.
http://thehill.com/homenews/administration/230474-obama-more-states-likely-to-legalize-marijuana
Keeping shareholders informed builds investor confidence
Here’s How To Keep Your Investors In The Loop
Being transparent with investors is vital for the overall health of any company. Sometimes, there are great months when everything falls into place and you experience outstanding growth. But when things aren’t going well, your investors need to know that, too. Keeping shareholders in the loop gives them confidence in their investment, your business and your leadership.
Regular email updates are a good way to stay in touch with investors and maintain open communication, but you need to make it easy for your shareholders to read and digest the most important information about their investment.
Here are some tips for maximizing the effectiveness of your updates:
1. Establish regularity. Timing your updates is key because it screams reliability and promotes two-way communication. Creating a monthly report not only benefits your shareholders, but it also saves you time by cutting down on the emails back and forth. For example, if your shareholders know that they can expect an update from you on the 15th of every month, you will stay on their radar without making them anxious.
2. Be direct. You want to highlight important news (especially financial) without going into too much detail or rambling. Your investors already receive an overwhelming number of emails every day, so it’s important to keep your updates concise and easy to understand at a glance.
3. Keep it professional. Proofread your update several times, and get at least one extra pair of eyes on it. Use a newsletter service, such as MailChimp, and choose a template that’s simple and professional.
http://www.ceo.com/business_and_government/heres-how-to-keep-your-investors-in-the-loop/
Keep shareholders informed
Here’s How To Keep Your Investors In The Loop
Being transparent with investors is vital for the overall health of any company. Sometimes, there are great months when everything falls into place and you experience outstanding growth. But when things aren’t going well, your investors need to know that, too. Keeping shareholders in the loop gives them confidence in their investment, your business and your leadership.
Regular email updates are a good way to stay in touch with investors and maintain open communication, but you need to make it easy for your shareholders to read and digest the most important information about their investment.
Here are some tips for maximizing the effectiveness of your updates:
1. Establish regularity. Timing your updates is key because it screams reliability and promotes two-way communication. Creating a monthly report not only benefits your shareholders, but it also saves you time by cutting down on the emails back and forth. For example, if your shareholders know that they can expect an update from you on the 15th of every month, you will stay on their radar without making them anxious.
2. Be direct. You want to highlight important news (especially financial) without going into too much detail or rambling. Your investors already receive an overwhelming number of emails every day, so it’s important to keep your updates concise and easy to understand at a glance.
3. Keep it professional. Proofread your update several times, and get at least one extra pair of eyes on it. Use a newsletter service, such as MailChimp, and choose a template that’s simple and professional.
http://www.ceo.com/business_and_government/heres-how-to-keep-your-investors-in-the-loop/
DP quoted in Marijuana’s Massive Market article
The imprimatur from Founders Fund is only one example of how the financial community is beginning to stop worrying and love the weed.
“This highlights a change that’s going on in the market,” says Leslie Bocskor, an investment banker and entrepreneur who is the founding chairman of the Nevada Cannabis Industry Association and managing partner of Electrum Partners. “The cannabis industry’s evolution is one that is now in a second wave, where we’re seeing professionals who have had success in other industries come in.”
More validation came in late December, when the Securities and Exchange Commission approved an S-1 filing from Terra Tech Corp., in which the company explicitly stated it was intending to use the capital to finance its various lines of business which now include the cultivation, processing and distribution of marijuana.
While marijuana is legal in 20 states (and counting), it’s still illegal federally, and SEC approval is one indicator of Wall Street’s willingness to account for a shifting regulatory environment around cannabis at the state level.
“When we started in 2010, it took us a year to raise $1 million,” says Derek Peterson, chief executive at Terra Tech (and a former Morgan Stanley exec). “This year we raised another $10 million.”
http://techcrunch.com/2015/01/08/new-funding-for-privateer-highlights-marijuanas-massive-market-in-the-u-s/
State lawmaker pitches idea to settle dispute over medical marijuana permits
By BEN BOTKIN
LAS VEGAS REVIEW-JOURNAL
The standoff between the state and Clark County over who gets to license medical marijuana dispensaries may soon be resolved with help from Nevada lawmakers.
Sen. Tick Segerblom, D-Las Vegas, said he may push legislation giving cities and counties the option of a one-time increase in the number of dispensaries allowed in their jurisdictions. The additional dispensary operators would be selected from the pool of applicants who sought entry into the field in 2014, when Nevada started its licensing process.
For unincorporated Clark County, that would allow the county 18 dispensaries instead of the 10 now approved — effectively granting the county the power to land all 18 dispensaries it expected to have under a 2013 state law.
http://www.reviewjournal.com/news/pot-news/state-lawmaker-pitches-idea-settle-dispute-over-medical-marijuana-permits
DC Mayor Fighting Congress for Legal Weed
On Sunday, during a segment of “Meet the Press,” D.C. Mayor Muriel Bowser said despite the efforts of federal lawmakers to prevent the passing of Initiative 71, which legalized the cultivation, use and transfer of cannabis in the nation’s capital, the measure is being submitted later this month for congressional review. Bowser said the city plans to “explore every option,” including the possibility of filing a lawsuit, in order to prevent Congress from undermining the will of District voters.
http://www.hightimes.com/read/dc-mayor-fighting-congress-legal-weed
County weeds out some pot dispensaries
By BEN BOTKIN
LAS VEGAS REVIEW-JOURNAL
Clark County commissioners on Monday rejected dozens of applicants for medical marijuana dispensaries, including eight who already won approval from the state.
The 5-1 action, with Commissioner Tom Collins opposed, sets the county up to have 10 dispensaries in unincorporated areas instead of the 18 allowed under state law. County officials said they are hopeful the state will grant provisional certificates to applicants who already have county permits but currently lack state approval.
The move was made against the backdrop of a Clark County District Court order issued Friday in a lawsuit filed by dispensary applicants who got approval from the county, but not the state. The plaintiffs asked the court to rule the state improperly approved applicants who lacked county zoning approval. But District Judge Kathleen Delaney found the state Division of Public and Behavioral Health had followed the law in choosing which applications to approve.
“The Legislature clearly did not intend for the local jurisdictions … to have de facto authority to dictate to the Division whom it may consider for registration,” the judge wrote.
Nearly 80 applicants for dispensaries made a run for one of the coveted 18 county slots, after a 2013 state law laid the groundwork for regulated sales and distribution of medical marijuana in Nevada.
The county granted special-use permits to 18 dispensary applicants in June. But when the state announced its picks in November, they didn’t all match up.
Only 10 applicants got the needed approval from both the state and the county. That left two other groups that have become known as the “county eight” (those who got approval from the county but not the state) and the “state eight” (those who got state approval but were rejected by the county Monday).
The commissioners’ vote rejected all applications they had previously held “in abeyance” — 57 in all, including those of the state eight. Commissioners could have approved the eight applications with state certificates, putting the county forward with 18 dispensaries.
Instead, Monday’s action ultimately left it up to the state to determine if Clark County will get more than 10 dispensaries.
Legal questions remain as the state and county wrestle with the issue.
The county, pointing to prior statements from state officials in public meetings about the role of local governments, previously asked the state if it would select additional applicants if its initial choices lacked approval from local jurisdictions. But the division’s response was that it’s done issuing provisional certificates, as the limited 90-day period for reviewing applications is over.
But county officials appeared hopeful that the state may budge on that position.
Clark County’s legal counsel, Mary-Anne Miller, said the state is revisiting whether its interpretation of the 90-day rule was appropriate, adding that the state also could potentially open up a new application process for the eight remaining slots.
“Nothing will happen unless and until the county takes action,” she said.
Commission Chairman Steve Sisolak said he hopes the state will take action, noting that in the worst-case scenario, patients will still have 10 dispensaries in unincorporated areas.
“I don’t think it leaves any patients in limbo whatsoever,” he said, adding that the county took the decisions very seriously.
Collins, before the vote, noted that the county has no guarantee or commitment from the state.
State officials had no immediate comment on the county’s action or on whether they are revisiting their stance on the 90-day review period. Laura Freed, deputy administrator of the Division of Public and Behavioral Health, said in a statement that her agency will first need to evaluate the county’s denials and determine if any dispensaries with provisional state approval “have exhausted all their appeal rights with the county.”
As for opening up the state’s application process, that can’t happen until 2015, with the 45-day notice required by law, Freed said.
“However, at the present time, there are no open dispensary slots in unincorporated Clark County,” she said. “Therefore, there are no provisional registrations for the State to issue.”
Jared Kahn, a lawyer for one of the applicants rejected by the county Monday, said his client, Naturex LLC, and others were trying to figure out how to respond and haven’t decided whether to go to court.
Kahn said the logic the county relied on — that the state could decide to grant new licenses to bring the number up to 18 — is at odds with the stance the attorney general’s office has taken in court.
Linda Anderson, chief deputy attorney general, has said the state cannot grant new licenses because the law gave it only 90 days to review applications. That period has ended.
Kahn called the decision “very disappointing” and added, “Millions of dollars are at stake that have been jeopardized by potentially uninformed … misstatements that we cannot have the opportunity to refute.”
He said his client and others could lose their licenses if they don’t open within 18 months of getting state approval.
“So every day of delay is biting away at that 18 months’ time frame we have,” Kahn said. “We’ve just been having to sit every day since Nov. 4. We’ll be sitting further … waiting to know what we’ll be doing.”
Trevor Hayes, an attorney for Wellness Connection of Nevada, said his client is willing to work with the county on addressing any concerns, including moving the location. His client has a state provisional certificate, but lacks county approval.
“They certainly could have taken a look now at the state eight group a little more closely,” he said, adding that he understands the county’s in a tough spot.
But now that the county’s no longer reviewing hundreds of applications, Hayes said, a hearing examining the merits of the state eight would be productive.
Medical marijuana advocates at the meeting were critical of the move, telling commissioners it reduces access.
“We’re sick and tired of waiting, sir,” said Raymond Fletcher, chairman of the board of Wellness Education Cannabis Advocates of Nevada. “Patients have waited far too long for safe access to medication. Are we going to get these other eight dispensaries that are outlined? We don’t know.”
Fletcher wasn’t alone in his frustration.
“We as advocates are so frustrated with this,” said Vicki Higgins, a medical marijuana advocate who uses it to relieve her symptoms of fibromyalgia. “We’re down to 10 when we were supposed to have 18.”
Higgins added: “It’s sad. Let’s reevaluate this process for next time. … Thank you for making the effort. I’m just sorry it came to this.”
Commissioner Chris Giunchigliani was absent.
Eric Hartley contributed to this report.
Contact Ben Botkin at bbotkin@reviewjournal.com or 702-405-9781. Find him on Twitter: @BenBotkin1.
http://www.reviewjournal.com/news/pot-news/county-weeds-out-some-pot-dispensaries
The state has issued a statement
LAS VEGAS -- Clark County commissioners have launched the latest hurdle in efforts to open medical marijuana dispensaries in Clark County.
Commissioners denied eight marijuana dispensary applicants who were already approved by the state. This move keeps those applicants from proceeding with opening their dispensaries and will likely force them to reapply to the state.
Currently, there are 10 dispensary applicants in Clark County that have both state and county approval. Originally, commissioners approved 18 applicants, but the state Division of Public and Behavioral Health and the county approved different dispensary applicants.
The state has issued a statement in regards to Monday's decision:
"The state has no comment on the decision regarding any specific zoning and land use application considered by the County. However, the State will evaluate the zoning/land use denials issued today (Monday) by the County, and will evaluate whether any of its provisionally registered dispensaries have failed to obtain land use/zoning approval, and whether any provisionally registered dispensaries have exhausted all their appeal rights with the County.
As for the possibility of opening up the State's application process, that cannot happen until 2015, with the appropriate 45-day notice, pursuant to current law and regulation. However, at the present time, there are no open dispensary slots in unincorporated Clark County. Therefore, there are no provisional registrations for the State to issue"." — Laura Freed, Deputy Administrator, Division of Public and Behavioral Health
http://www.8newsnow.com/story/27722790/breaking-news-county-denies-approval-of-8-medical-marijuana-dispensaries
Clark County must approve 8 top state applicants or live with only 10 dispensaries
Judge rules for state, rejecting injunction for medical marijuana applicants
LAS VEGAS (KSNV MyNews3.com) – A Nevada judge has denied an injunction sought by medical marijuana applicants who did not receive state licenses.
District Court Judge Kathleen Delaney's decision comes after a legal fight that began after the state approved applications that did not get the green light from the city of Las Vegas and Clark County.
Some of those denied business owners decided to sue the state as well as a few other business.
As a result of today's decision, Clark County must grant final approval to eight applicants approved by the state. Otherwise, the county would have to live with the 10 applicants already approved by both the state and the county.
Clark County Commissioner Steve Sisolak told News 3 that he would take the weekend to read the judge's ruling before he would comment.
I look forward to being able to help the patients that really need it. I look forward to being a part of this industry, it's very exciting.
Vicki Higgins, the secretary of Wellness Education Cannabis Advocates of Nevada (WECAN) said she was glad to see the judge's ruling because it might help avoid more delays in getting medical marijuana to those who need it.
"This cost a lot of delays that were unnecessary; a lot of time and money was put into these pre-approvals and yes, the county and the city and everybody else made a lot of money from these pre-approvals but with the lawsuit or with the delays we are going to be losing money," she told News 3.
The county was granted a total of 18 licenses.
http://www.mynews3.com/content/news/story/Judge-rules-for-state-rejecting-injunction-for/ujwv4FuInUS7FMnp04jv5Q.cspx
Judge rules in favor of state, medical marijuana dispensary process
LAS VEGAS -- A preliminary injunction lawsuit by several medical marijuana businesses has been denied. That ruling was handed down by a District Court judge Friday. This means Judge Kathleen Delaney has ruled the state of Division of Public and Behavioral Health properly followed all rules in ranking, reviewing and ultimately selected 18 applicants for provisional medical marijuana registration certificates in unincorporated Clark County.
http://www.8newsnow.com/story/27712824/judge-rules-in-favor-of-state-on-medical-marijuana-dispensary-process
Minnesota Mom Faces Jail Over CBD Oil
After her 15-year-old son, Trey, was hit in the head by a baseball line drive in 2011 and has suffered excruciating pain and seizures since. Trying 19 different prescription medications for Trey, Angela got some non-intoxicating CBD oil from Colorado to try. One or two drops made all the difference in Trey's condition. As he got markedly better, his teachers began asking Angela how her son had improved so much? Angela explained she was using this marijuana derivative that doesn't make you high, cannabidiol, and that was what brought her son back from the brink.
Angela was turned in by the school to the police for giving her son marijuana. She is charged with child endangerment and could face fines, jail time, and a lifelong criminal record, not to mention the potential for supervision or loss of custody by child protective services.
The greatest irony is that Minnesota has passed a medical marijuana law allowing for both CBD and THC extractions. Trey almost certainly qualifies for protection under that law. But, alas, the law doesn't go into effect until the summer of 2015, so the prosecutor in her Minnesota county is going forward with the trial.
http://www.hightimes.com/read/minnesota-mom-faces-jail-over-cbd-oil
DC businesses boycott anti-pot republican Andy Harris
WASHINGTON, DC — Anti-marijuana Congressman Andy Harris (R-MD) and his staff are being banned from businesses in Washington, DC as the District’s mayor calls for a boycott of the Republican’s home district in nearby Maryland.
Harris, the Maryland Republican who introduced a rider to the Cromnibus federal spending bill that bans the District from spending any local or federal funds to implement marijuana legalization despite nearly 70% approval from District voters, is the target of a “Blacklist Andy Harris” campaign put together by local business leaders.
“My fellow Washingtonians, Rep. Andy Harris doesn’t give a damn about District residents or our rights, so let’s blacklist him!” says the Blacklist Andy Harris campaign on their website. “Let’s show Harris and his staff that if they aren’t going to respect the will of the people, we will protest and disrupt in every way possible until they do.”
The campaign has created posters featuring Harris’ smug-shot with the words “NOT WELCOME: You don’t serve us, we don’t serve you” and a list of Harris’ senior staff members.
http://www.thedailychronic.net/2014/39462/washington-dc-businesses-boycott-anti-pot-republican-andy-harris
Derek Peterson is awesome on Vegas Inc.
Interview starts around the 12:30 mark
http://www.mynews3.com/content/programming/local/vegasinc/default.aspx
Medical marijuana lawsuit could delay dispensary openings
A few dispensaries in Clark County could open as soon as January, but now many of those same businesses are named in a lawsuit which patients fear could slow the process. A group of dispensary applicants say the state's ranking process wasn't fair and they're requesting a "do-over" of sorts from a judge. They want to rewind the clock and see if the state will give them a second chance to open, but not everyone agrees.
http://www.8newsnow.com/story/27618217/medical-marijuana-lawsuit-could-delay-dispensary-openings
Clark County dispensary hearing update
Medical marijuana patients could be forced to wait longer for help. News 3 reporter says Clark County judge to issue an order sometime after next Friday. Judge could decide who has the right to open a dispensary or even make everyone reapply.
http://www.mynews3.com/content/video/default.aspx?videoId=5501616&navCatId=30912
Derek Peterson on Ralston Reports
http://www.mynews3.com/content/programming/local/facetoface/default.aspx
State goes to court over medical marijuana licensing process
Medical marijuana is heading to court. The state telling a judge he might have to decide who can sell marijuana because the county and state are locked in a power struggle over the licensing process.
http://www.mynews3.com/content/video/default.aspx?videoId=5496793&navCatId=25504
$270.00 buys a big lawsuit in Vegas
12/12/2014
Motion for Preliminary Injunction (10:00 AM) (Judicial Officer Delaney, Kathleen E.)
Plaintiffs' Motion for Preliminary Injunction on Order Shortening Time
https://www.clarkcountycourts.us/Anonymous/default.aspx
Register of Actions
Case No. A-14-710488-C
Nevada Medical Marijuana Dispensary Inc, Plaintiff(s) vs. Nevada Department of Health and Human Services, Defendant(s) §
§
§
§
§
§
Case Type:
Other Civil Matters
Date Filed:
12/01/2014
Location:
Department 25
Cross-Reference Case Number:
A710488
Party Information
Lead Attorneys
Defendant
Camelo NV LLC
Defendant
Clear River LLC
Defendant
Euphoria Wellness LLC
Defendant
Global Harmony LLC
Defendant
Gravitas Nevada Ltd
Defendant
Just Quality LLC
Defendant
Las Vegas Wellness Center Inc
Defendant
Medmen of nevada LLC
Defendant
MM Develompent Company LLC
Defendant
Nevada Department of Health and Human Services
Defendant
Nxtgen Wellness LLC
Defendant
Polaris Dispensary LLC
Defendant
Qualcan LLC
Defendant
Tryke Companies So NV LLC
Plaintiff
Desert Inn Enterprises Inc
John R Bailey
Retained
702-562-8820(W)
Plaintiff
Fidelis Holdings LLC
John R Bailey
Retained
702-562-8820(W)
Plaintiff
GB Sciences Nevada LLC
John R Bailey
Retained
702-562-8820(W)
Plaintiff
Nevada Holistic Medicine LLC
John R Bailey
Retained
702-562-8820(W)
Plaintiff
Nevada Medical Marijuana Dispensary Inc
John R Bailey
Retained
702-562-8820(W)
Events & Orders of the Court
OTHER EVENTS AND HEARINGS
12/01/2014
Case Opened
12/01/2014
Complaint
Complaint and Petition for Judicial Review and/or Writs of Certiorari, Mandamus, and Prohibition
12/01/2014
Initial Appearance Fee Disclosure
Initial Appearance Fee Disclosure
12/02/2014
Minute Order (3:00 AM) (Judicial Officer Allf, Nancy)
Minute Order: Recusal
Minutes
Result: Recused
12/02/2014
Notice of Department Reassignment
12/03/2014
Minute Order (8:20 AM) (Judicial Officer Escobar, Adriana)
Minutes
Result: Minute Order - No Hearing Held
12/03/2014
Notice of Department Reassignment
12/03/2014
Motion for Preliminary Injunction
Plaintiffs' Motion for Preliminary Injunction on Order Shortening Time
12/12/2014
Motion for Preliminary Injunction (10:00 AM) (Judicial Officer Delaney, Kathleen E.)
Plaintiffs' Motion for Preliminary Injunction on Order Shortening Time
Financial Information
Plaintiff Desert Inn Enterprises Inc
Total Financial Assessment
30.00
Total Payments and Credits
30.00
Balance Due as of 12/05/2014
0.00
12/01/2014
Transaction Assessment
30.00
12/01/2014
Wiznet
Receipt # 2014-133836-CCCLK Desert Inn Enterprises Inc (30.00)
Plaintiff Fidelis Holdings LLC
Total Financial Assessment
30.00
Total Payments and Credits
30.00
Balance Due as of 12/05/2014
0.00
12/01/2014
Transaction Assessment
30.00
12/01/2014
Wiznet
Receipt # 2014-133835-CCCLK Fidelis Holdings LLC (30.00)
Plaintiff GB Sciences Nevada LLC
Total Financial Assessment
30.00
Total Payments and Credits
30.00
Balance Due as of 12/05/2014
0.00
12/01/2014
Transaction Assessment
30.00
12/01/2014
Wiznet
Receipt # 2014-133833-CCCLK GB Sciences Nevada LLC (30.00)
Plaintiff Nevada Holistic Medicine LLC
Total Financial Assessment
30.00
Total Payments and Credits
30.00
Balance Due as of 12/05/2014
0.00
12/01/2014
Transaction Assessment
30.00
12/01/2014
Wiznet
Receipt # 2014-133834-CCCLK Nevada Holistic Medicine LLC (30.00)
Plaintiff Nevada Medical Marijuana Dispensary Inc
Total Financial Assessment
270.00
Total Payments and Credits
270.00
Balance Due as of 12/05/2014
0.00
12/01/2014
Transaction Assessment
270.00
12/01/2014
Wiznet
Receipt # 2014-133832-CCCLK Nevada Medical Marijuana Dispensary Inc (270.00)
Terra Tech discusses Vegas opportunity on Facebook
http://vegasseven.com/2014/12/04/medical-marijuana-joint-venture/
Medical Marijuana Float To Debut in Thanksgiving Day Parade
Leave it to Chicago to introduce a new element, one which symbolizes the pro-marijuana movement’s growing political clout and social acceptance. One of the floats in Chicago’s 81-year-old Thanksgiving Parade (sponsored by McDonald’s) will have a marijuana theme.
http://www.dnainfo.com/chicago/20141126/loop/medical-marijuana-float-makes-debut-thanksgiving-day-parade
Doubling Down on Pot: Buffett Sells Upper Deck, Room to Grow
Cubic Designs Inc., a unit of Berkshire’s MiTek business that makes platforms for maximizing usable floor space in warehouses, sent about 1,000 fliers to weed dispensaries in recent weeks, offering to help growers expand the number of plants they cultivate.
“Double your growing space,” the flier reads in capital letters, above an image of an indoor facility with rows of plants. Another page says, “Grow your profits.”
http://www.bloomberg.com/news/2014-09-12/buffett-s-berkshire-has-unit-that-helps-marijuana-growers.html
Vice Wars: Tobacco, Alcohol and the rise of Big Marijuana
http://www.nbcnews.com/storyline/legal-pot/vice-wars-tobacco-alcohol-rise-big-marijuana-n253801
State, Clark County tangle over medical pot
http://www.reviewjournal.com/news/pot-news/state-clark-county-tangle-over-medical-pot
Nearly half of the 18 medical marijuana dispensary applications that Clark County commissioners approved have an uncertain fate, as they failed to win state support.
The development has brought about frustration and unanswered questions among county officials and applicants who are now in limbo.
The county and the state face a quandary as Nevada prepares to welcome the new industry: The state has approved only 10 of the county’s 18 selected dispensaries.
The final result could be that the county ends up with only 10 dispensaries instead of its 18 in early 2015. But that isn’t a foregone conclusion — or a desire of county commissioners. County officials are still researching the issue and said Tuesday they plan to revisit the issue at a Dec. 3 meeting.
Regardless of what happens then, the eight dispensary applicants that cleared the state will have to wait at least another two weeks before knowing if they can begin planning with certainty. The eight other applicants who made it through the county process, meanwhile, have bleak prospects as state officials signaled late Tuesday they won’t be ranking any more applicants for the multimillion-dollar opportunities.
But both sides have attorneys. No one from county officials to industry insiders is predicting the outcome of the Dec. 3 meeting — or whether the matter will end up in court and delay opening medical marijuana dispensaries.
“You can have 10 dispensaries in Clark County, or consider those that have provisional licenses from the state,” Rory Reid, a former commissioner and attorney representing Medifarm, an applicant approved by the state, told commissioners.
The results show the complex nature of the application process for the state’s fledgling medical marijuana industry, which requires applicants who want to set up shop in unincorporated Clark County to have the blessing of both the county and the state Division of Public and Behavioral Health, part of the Department of Health and Human Services.
Competition has been keen. Seventy-nine applicants sought 18 dispensary slots for unincorporated areas.
What is left now are 26 applicants who have obtained approval from the county, the state — or both. Ten have the green light from both. Another eight more were ranked by the county but didn’t make the cut with the state.
And a separate group of eight applicants didn’t get a ranking from the county but scored high enough in the state’s process to rank. Commissioners anticipate revisiting those eight dispensaries at December’s meeting. They could make a decision about whether to rank them, which would give the county more dispensaries, or reject them.
Commissioners aren’t predicting that outcome just yet, though. Commission Chairman Steve Sisolak placed a call to Gov. Brian Sandoval’s office on Tuesday after the meeting. The two hadn’t talked as of late Tuesday afternoon.
Commissioners sharply criticized the state for not being transparent and not being forthcoming in answering their questions about the ranking process.
“I’m really disappointed in the complete lack of transparency that’s come out of the state,” Sisolak said.
The state’s criteria included several factors, such as the experience and background of applicants, impact on the community, and transportation and security plans.
Commissioners looked at all of those factors but also focused on zoning and the need to spread the dispensaries throughout the area.
The decisions weren’t always close. The county didn’t rank an application from Tryke Companies SO NV, a limited liability company. But that application scored highest on the state’s ranking.
Jeff Silver, the company’s attorney, encouraged commissioners to take that into account. Silver also noted the commissioners had suggested approving more than 18 dispensaries to avoid this situation.
“I’m only saying this is a very delicate situation when it comes to complying with the law,” Silver said.
Dennis Kennedy, who represents seven applicants granted county permits through commission votes, but not state permits, had a different take.
“First and foremost, there is nothing in state law that requires the commission to bow to the state and wait until the state has made a determination,” he said.
Commissioners said they took location and geographic dispersion into account, while the state did not.
The 10 dispensaries with success on both fronts aren’t as widely dispersed throughout the county. Eight are west of Las Vegas Boulevard, and only one is east of the Strip. The other one is in Laughlin. Of the eight that the state didn’t rank, four were on the east side of the valley.
County commissioners said they were disappointed that the state hasn’t answered the county’s questions.
County Manager Don Burnette sent a letter on Thursday to Chad Westom, bureau chief of the Nevada Division of Public and Behavioral Health.
The county wanted to know what happens if dispensaries that receive a provisional certificate from the state but lack county approval. The county has asked if the state will issue additional provisional certificates to ranked applicants beyond the 18 dispensaries allowed in unincorporated areas.
Burnette’s letter cited minutes of Westom’s testimony from a state advisory commission meeting on July 19, where the state official said a denial at the local level would lead to the state denying them and letting Clark County know who the next ranked entity is.
The state’s response didn’t come until late Tuesday afternoon.
After the meeting, state officials notified the county in writing that the division cannot issue provisional certificates to any more applicants beyond the 18 it ranked because the 90-day application review period has ended. That period expired Nov. 3.
Meet Forbes 8 Hottest Publicly Traded Marijuana Companies
7. TerraTech Corp. (+157%) — This established Irvine, Calif.-based grower and retailer is moving into marijuana cultivation, and had the biggest fundraising of any public company in the sector, closing a $6.5 million debt facility in February. TerraTech is developing a research and cannabis extraction facility aimed at the medical marijuana market. The company is also collaborating with vaporizer firm Vaporin to create cannabis-product vending machines for the medical market.
http://www.forbes.com/sites/caroltice/2014/11/14/meet-the-8-hottest-publicly-traded-marijuana-companies/
GreenGro on Forbes top 8 Hottest Marijuana Companies
6. Greengro Technologies (+225%) — In March, retailer Greengro of Anaheim, Calif., raised $875,000 in a private placement. The company acquired retailer Vertical Hydrogarden and reopened the store in March, as the first in a planned franchise chain. Greengro is also doing a multi-stage purchase of a construction company, for future expansion. As in most product industries, the retail side is huge — this is the biggest sector in Veridian’s marijuana-stock index.
http://www.forbes.com/sites/caroltice/2014/11/14/meet-the-8-hottest-publicly-traded-marijuana-companies/
Pot Legalizations Push U.S. Closer to Weed Business Boom
Derek Peterson quoted on NBC news !
http://www.nbcnews.com/
Voter legalization of recreational marijuana in two more states plus the District of Columbia this week mounts pressure on the federal government to decriminalize cannabis — nudging America closer to a weed business boom, pot advocates and opponents agree.
A federal law banning marijuana sales remains the biggest blockade to the dawn of a national cannabis industry. That law causes many banks to avoid dealing with legal pot retailers, forcing weed entrepreneurs in Colorado and Washington to run cash-only operations — a daily danger, the owners say.
“But the direction voters are moving in is obvious, and with additional states it’s now harder to call Colorado and Washington 'experiments,’” said Derek Peterson, founder and CEO of Terra Tech Corp. The Irvine, California company focuses on local farming and medical cannabis — likely the first publicly traded company, Peterson said, to hold a medical marijuana license.
“These are the same voters who elect our federal lawmakers, which I think is the major reason you’re seeing such a quick and dramatic turnaround on these policies in Congress,” Peterson said.
http://www.nbcnews.com/storyline/legal-pot/pot-legalizations-push-u-s-closer-weed-business-boom-n243861
Federal Hearing Could Lead to the End of Prohibition
http://www.hightimes.com/read/federal-hearing-could-lead-end-prohibition
NORML, Feds Agree On Benefits Of Cannabis
http://theleafonline.com/c/politics/2014/10/norml-feds-agree-benefits-cannabis/
Good PR would help maintain our stock's value.
An effective press release needs to be widely distributed. The goal should be to help give investors a clear picture of our companies achievements and future earnings potential.
Great press releases do more than keep the media and the industry-at-large informed of your company's recent developments. They are meant to pique the interest of journalists, who may seek to cover the topic further. Crafting a great press release is often the first step in securing a magazine feature or television interview -- and thus, more visibility and new customers.
Considering that journalists are flooded with potential stories and pitches on a daily basis, making yours stand out from the pack is crucial. While the format for a press release is basic, the content of the release should be anything but. Follow these eight tips to write a great press release that will make your company look professional, accessible and attractive to writers looking for stories.
1. Grab attention with a good headline.
The beginning of a press release -- just as with a magazine article, book or promotional pamphlet -- is the most important. A strong headline (and, for that matter, email subject line when you send out the pitch) will pull in journalists seeking good stories. Your headline should be as engaging as it is accurate.
2. Get right to the point in the first paragraph.
Because reporters are busy people, you must assume that they will only read the first sentence and then scan the rest -- and even that's a generous assumption. Get the message of your press release out quickly. Every important point should be addressed in the first few sentences. The subsequent paragraphs should be for supporting information.
3. Include hard numbers.
It's easy to fill up a page with a creative, colorful narrative. Leave the artistry to the writers -- pack your press release with hard numbers that support the significance of your product or announcement. If you're claiming a trend, you need proof to back it up. Quantify your argument and it will become much more compelling.
4. Make it grammatically flawless.
Proofread your press release -- and let a few other people proofread it as well -- before sending it out. Even a single mistake can dissuade a reporter from taking you seriously.
5. Include quotes whenever possible.
There is a source of natural color that cannot be replicated: quotes. Including a good quote from someone in the company or close to the product/event can give a human element to the press release, as well as being a source of information in its own right.
6. Include your contact information.
A common oversight that can render a press release ineffectual is a lack of contact information for reporters to follow up with. Whether you or someone else at the company is the point of contact, don't forget to include an email address and phone number on the release (preferably at the top of the page).
7. One page is best -- and two is the maximum.
As with most good writing, shorter is usually better. Limit yourself to one page, though two pages is acceptable. This will also force you to condense your most salient information into a more readable document -- something journalists are always looking for.
8. Provide access to more information.
You must limit your press release to one page (or two, if you must), but that doesn't mean you can't show people how to learn more. Providing relevant links to your company's website, where prospective writers can learn more about your mission and what you've already accomplished, is a crucial element to the release. Don't make writers search on their own for more information -- guide them as quickly as possible to your website, and keep their interest piqued.
http://www.huffingtonpost.com/zach-cutler/press-release-tips_b_2120630.html
The war on growing things
When Misguided Cops Turn The War On Weed Into A War On Growing Things
If law enforcement officials around the country are going to continue cracking down on marijuana grow operations, especially in heavily armed, unannounced raids, maybe they should consider hiring a botanist or two.
Earlier this month, Dwayne Perry of Cartersville, Georgia, was startled out of his bed by a low-flying helicopter. Moments later, WSB-TV reports, heavily armed officers and K-9 units with the Governor's Task Force for drug suppression showed up, apparently believing they were about to make a weed bust. What they found instead: okra. The vegetable.
This is okra not marijuana. With five thick leaflets of varying sizes, the okra leaf actually looks significantly different from a pot leaf if you look at it at all.
http://www.huffingtonpost.com/2014/10/14/marijuana-plants-police_n_5948122.html?utm_hp_ref=marijuana