Pubdate: Mon, 11 Apr 2011
Source: Arizona Daily Sun (AZ)
Copyright: 2011 Arizona Daily Sun
Contact: http://news.azdailysun.com/opinion/letter_submit.cfm
Website: http://www.azdailysun.com/
Details: http://www.mapinc.org/media/1906
Author: Tony Pugh, McClatchy Newspapers
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

MEDICAL MARIJUANA INDUSTRY GROWS MAINSTREAM

WASHINGTON -- The medical marijuana industry is beginning to show its age.

After humble California beginnings in 1996, 15 states and the 
District of Columbia now have legalized marijuana use for ill 
patients who have a doctor's recommendation.

Medical marijuana has been found to help with chronic pain, nausea 
and other symptoms of diseases including cancer, muscular dystrophy 
and AIDS. Nearly 25 million Americans are medically eligible to buy marijuana.

Sales are expected to hit $1.7 billion this year. Just last week, a 
San Francisco-based outfit, the ArcView Group, formed the industry's 
first investment network to link cannabis entrepreneurs to qualified 
investors with "seed" money.

"It doesn't take a rocket scientist to realize that this industry is 
growing and that there are untold riches to be made here," said Troy 
Dayton, the chief executive of the ArcView Group.

In coming months, Arizona, New Jersey, Rhode Island and the District 
of Columbia will launch programs, joining eight states where medical 
marijuana is sold legally. Those states are California, Colorado, 
Maine, Michigan, Montana, Oregon, Washington and New Mexico.

But around the country, some law enforcement officials have expressed 
concern that medical marijuana could be obtained by relatively 
healthy people who could get a recommendation from a physician by 
lying or overstating their pain and suffering.

They also worry that some dispensaries could grow more marijuana than 
their patients could consume, leaving an excess that could make its 
way to the illegal market.

While legal for medical purposes in many states, marijuana remains an 
illegal controlled substance under federal law, although since 2009, 
the Justice Department has said it won't prosecute medical marijuana 
use within the bounds of states' laws.

With more than 1,500 growing operations and dispensaries nationwide, 
the medical marijuana industry has defied the recession and prospered 
even as the broader economy stalled. This month, Maine began allowing 
dispensaries to provide cannabis to seriously ill patients.

One of the new operators, Maine Organic Therapy, has been making home 
deliveries to more than 20 patients for about three weeks, said chief 
executive Derek Brock. Patients in Maine can purchase as much as 2.5 
ounces every two weeks, or a maximum of 5 ounces a month.

Strong public support has helped fuel the industry's eastward 
expansion, but that growth has also brought growing pains.

Industry reps say section 280E of the Internal Revenue Code unfairly 
bars legal medical marijuana operations from deducting business 
expenses from their income taxes. Dispensaries nationwide are facing 
Internal Revenue Service audits over the measure. Other dispensaries 
have found that banks won't maintain their business accounts, fearing 
federal scrutiny over reporting requirements for ties to businesses 
that violate federal law.

The National Cannabis Industry Association was formed late last year 
to help address these concerns. On Wednesday, the trade group held 
its first national lobby day, visiting lawmakers on Capitol Hill as 
part of a push for greater legislative clout.

"These kinds of days are necessary, because it puts a face on the 
industry," said Rep. Jared Polis, D-Colo., one of the industry's 
staunchest supporters.

While 76 percent of medical marijuana sales nationally are generated 
in California, Colorado has the nation's fastest-growing market. More 
than 131,000 Coloradans are registered marijuana patients, up from 
only 7,000 in 2008.

Colorado Dispensary Services, which operates three dispensaries and 
three commercial growing operations, has had five different bank 
accounts in three-and-a-half years, owing to state regulatory 
friction. Owner Jill Lamoureux said it's impossible to manage nearly 
50 employees and $120,000 in monthly payroll without a bank account. 
State regulators have taken notice. "These regulators need to see our 
bank accounts, and if we do not have access to banking, it makes it 
impossible for them to regulate," Lamoureux said. "Frustrating is an 
understatement to say how difficult it is to run a business" without 
banking services.

Last year, Polis and seven other Democratic lawmakers wrote a letter 
asking the U.S. Treasury to declare that it wouldn't target banks 
with account holders that operate in compliance with state medical 
marijuana laws. Federal regulators deferred, arguing that banks must 
make those calls themselves.

Polis said he'll introduce legislation soon that clarifies banks' 
responsibilities when dealing with marijuana dispensaries. He said 
support for the issue is bipartisan, citing Republican Reps. Ron Paul 
of Texas and Dana Rohrabacher of California as sympathetic to the 
industry's plight.

Harborside Health Center, a nonprofit dispensary in Oakland, Calif., 
serves 79,000 patients, pays more than $3 million in state, federal 
and local taxes and employs 80 people who get paid vacations and 
401(k) retirement plans. Yet they've had their bank accounts closed 
three times and are facing an IRS audit.

Stephen DeAngelo, the executive director of Harborside, said the 
center is being treated like an illegal trafficker rather than a 
community service organization. "We do not deserve to have our 
accounts frozen or to be taxed out of existence," DeAngelo said. 
"280E (of the IRS code) was intended for cocaine kingpins, 
international smugglers and crystal meth dealers. It wasn't intended 
for organizations like ours, and it shouldn't be applied to 
organizations like ours."

Last year, Polis and five other Democrats asked the IRS to allow 
legal medical marijuana operations to deduct their business expenses, 
but the agency said it couldn't do so. Only Congress could amend the 
Internal Revenue Code or the federal Controlled Substances Act.

Polis said that Democratic Rep. Pete Stark of California will soon 
offer legislation to do just that.

Recent history suggests that clearing up the industry's tax and 
banking concerns could boost its growth. In 2009, the Justice 
Department issued a directive that people won't face federal 
prosecution if they use or provide medical marijuana in compliance 
with state laws.

That proved to be a "major growth driver" for the industry, prompting 
hundreds of new marijuana businesses, while causing raids on 
marijuana operations to drop 58 percent, said David Guard, a 
researcher at See Change Strategy, an independent financial-analysis firm.

Becky DeKeuster realized medical marijuana's healing potential soon 
after she quit her high school teaching job to work in a dispensary 
in Berkeley, Calif., in 2002.

"On my first day there, I saw a patient in a wheelchair having 
(multiple sclerosis) seizures. And, literally, with two puffs off a 
joint, he stopped tremoring, and it was like, 'wow, this is 
amazing,'" said DeKeuster, now the executive director of Northeast 
Patients Group, which operates four dispensaries in Maine. "I'm 
grateful to be in this industry and I consider it a blessing to be 
able to do the work I do."  
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MAP posted-by: Richard Lake