Pubdate: Wed, 19 Oct 2011
Source: Monterey County Herald (CA)
Copyright: 2011 Monterey County Herald
Contact:  http://www.montereyherald.com/
Details: http://www.mapinc.org/media/273
Note: Santa Rosa Press Democrat editorial

POT LAW LOST IN A HAZE

On the menu for Santa Rosa's Organic Cannabis Foundation, you'll find 
18 strains of marijuana with evocative names such as "blackberry 
kush," "cindy haze" and "sweet nightmare," accompanied by color 
photos and brief descriptions of their effects.

"Very potent and spacey," says one.

Another is "strong, medicinal, indoor bargain bud."

If pot smoke is too hard on your lungs, don't worry. You can choose 
from a variety of baked goods - cookies, brownies, even pizza.

Or there's candy, olive oil and ice cream, all laced with marijuana.

Medical marijuana is a thriving business in California. All it takes 
is $50 and some vague symptoms to qualify as a "patient," and 
thousands of "dispensaries" will cater to your tastes and desires. A 
San Francisco venture capitalist started pumping money into the 
industry, which has an estimated annual retail trade of $1.5 billion.

But California's first-in-the-nation medical marijuana law - "the 
compassionate use act" - wasn't about pot boutiques and hefty 
profits. It was about providing relief for people with serious 
illnesses such as cancer and glaucoma. In the 15 years since voters 
approved Proposition 15, the practice has strayed far from the law's purpose.

And that's what appears to be driving the latest crackdown by federal 
prosecutors.

On Oct. 7, the four U.S. attorneys for California said they were 
taking aim at large-scale growers and dispensary owners who profit 
from the medical marijuana trade. They also warned landlords that 
their property could be subject to forfeiture under federal drug laws.

"People are using the cover of medical marijuana to make 
extraordinary amounts of money," said Melinda Haag, the U.S. attorney 
for the Northern District, which includes Sonoma and Mendocino counties.

This isn't a reversal of course for the Justice Department, as some 
dispensary owners and their lawyers claim. Nor is it a betrayal of 
President Barack Obama's promise to give states room to maneuver on 
medical marijuana.

It would be if the prosecutors were going after users or caregivers - 
the people specifically authorized by Proposition 215 to possess and 
grow pot for medical use. But they're not. Their targets are the 
profiteers, and that includes many, if not most dispensaries, where 
pot is typically sold at black-market prices.

"We have yet to find a single instance in which a marijuana store was 
able to prove that it was a not-for-profit organization," said Andre 
Birotte, the U.S. attorney in Los Angeles, where a recent indictment 
alleged that one pot shop cleared $15 million in profits in just eight months.

The crackdown should be taken as the latest signal that California 
needs to address its vague medical marijuana law. Only Congress can 
address the conflict between state and federal law, but it's not 
likely to act if California doesn't clear the smoke about Proposition 215.
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MAP posted-by: Jay Bergstrom