Dispensary Regulation - David Bearman, M.D.
Introduction
Recently the US Attorneys in California have alleged that cannabis dispensaries are money laundering machines and that growers are sending their product out of state. I'm sure that they have some proof that some dispensaries and some growers somewhere are doing this. But what about the vast majority of dispensaries who are running legitimate businesses and are making cannabis available to the sickest of the sick. You know who I mean; those with cancer, multiple sclerosis, Parkinson's Disease, pain from failed back surgery, quadriplegics and paraplegic, those with neuropathic pain and the list goes on and on. What are those patients supposed to do.
The Problem
(1) That is not the only misinformation being foisted on the American public. There is the erroneous perception that because some unscrupulous doctors are handing out cannabis recommendations like they were candy that this is the modus operandi of all physicians who make recommendations for the medicinal use of cannabis.
(2) The U.S. Supreme Court does not fully support states rights as guaranteed by the 9th and 10th Amendments to the Constitution. In the 2005 decision in Gonzales v. Raich, Justices Scalia and Kennedy joined the four "liberal" justices to perpetuate the encroachment of the 1942 Wickert v. Filburn decision on states rights. This decision exists side by side with the Supreme Court decision in the 1925 case Lindner vs. U.S., that only states can regulate the practice of medicine.
(3) Many elected officials (most non-physicians) appear to be unaware that cannabis' existing therapeutic use and future potential is taken seriously by tens of thousands of researchers and physicians around the world.
(4) There seems to be little appreciation for relief of human suffering of the tens of thousands real people who suffer from serious medical conditions and whose symptoms in whole or in part are relieved by cannabis. These conditions include, but are not limited to, epilepsy, migraines, nausea from chemotherapy, gastrophoresis, Parkinson's Disease, Multiple Sclerosis, Alzheimer's Disease, Lupus Erythematosis, Scleroderma, Fibromyalgia, Anklylosing Spondylitis, Crohn's Disease, Trigeminal Neuralgia… well, you get the idea.
A Modest Proposal
The easiest solution is to follow the position of NORML, Patients Out of Time, the AMA, AAMC and the vast majority of the American public and reschedule cannabis to schedule two or above. We did that from 1854 until 1942 and things worked out well. If you don't believe me just look at the testimony that Dr. William Woodward, representing the AMA, gave before the House Ways and Means Committee in the AMA's opposition to the 1937 Marijuana Tax Act. It looks like that simple solution is beyond the grasp of most Washington politicians so lets urge our local, county and state officials to regulate cannabis like any other medicine and regulate dispensaries similar to pharmacies, infirmaries, or hospital dispensaries.
Discussion
Our elected officials need to take dispensing of cannabis seriously because the people who are being hurt most by the existing ordinance are the ill and infirm. The harm of not having access to the advice of a pharmacist or a nurse at a dispensary falls disproportionately on the most ill and frailest medicinal cannabis users.
The goal should be to marginalize the physicians practicing minimalist medicine while maintaining adequate access to competent cannabinoid medicine practitioners and requiring knowledgeable medically oriented dispensaries.
States Rights
Ultimately we must petition the U.S. Supreme Court to take a more conservative position on how far the commerce clause can be stretched. In the meantime, the City Council should ask our state legislators if Prop 215 allows some type of control on recommendations. Clearly the Medical Board of California has dropped the ball.
The New Jersey Example: A Start
The state of New Jersey has attempted to deal with the "doctor feelgoods" by only allowing primary care providers (PCPs) and specialists to approve the medicinal use of cannabis. While this is a start, it is a case of overkill. Why? Because most doctors are not up to speed on neuroscience, the role of the endocannabinoid system and the myriad of studies demonstrating the therapeutic potential and value of cannabis and cannabinoids. This legislative scenario means that many patients who benefit from the medicinal use of cannabis will not be able to get the legal protection afforded by New Jersey law.
Cannabinoid Medicine
New Jersey's approach needs to be modified to recognize that many of the specialists and PCPs who they have given the authority to recommend cannabis are not specialists in cannabinoid medicine. Further for a number of reasons they are unwilling or uncomfortable in giving out such recommendations. There needs to be a knowledgeable professional resource that the PCPs and specialists can refer to if they choose.
We need to recognize that many of the physicians practicing cannabinoid medicine have honed their skills by going to conferences such as International Cannabinoid Research Society, International Association of Cannabinoid Medicine, Patients Out of Time and other neuropharmacological meetings. Because cannabinoid medicine specialists are much more familiar with the science of cannabinoids, it's clinical application and applicable laws surrounding medicinal cannabis, many primary care physicians and other specialists prefer to refer potential medicinal cannabis patients to cannabinoid medicine specialists.
The American Academy of Cannabinoid Medicine
The American Academy of Cannabinoid Medicine (AACM) will certify physicians based on their knowledge of cannabinoid medicine and adherence to a high standard of practice and ethics. By including certified AACM members as a source of cannabis medicine recommendations, you'll provide a reasonable medical resource for both other doctors to refer patients to and for patients to self-refer. This allows an approved avenue for patients to have reasonable access to good quality, high standard medical care. At the same time it marginalizes those doctors practicing minimalist medicine.
Ordinance Considerations
Often dispensary ordinances are not conservative enough in some areas and too restrictive in others. It should require that a dispensary be supervised by either a pharmacist or a nurse.
Elected officials would be prudent to take the advice of Dr. Phillip Delio, immediate Past President of the Santa Barbara Medical Society, on his suggestion to convene a medical advisory committee. The medical society, not the Council, ought to convene this committee. The Council must take the benefits cannabis affords the ill and infirm seriously or they will be turning their backs on the very patients we would all agree were the intended beneficiaries of this law.
Health care is important to Americans. Just look at the emotional reaction to the recent federal efforts at health care reform. Well, here we're not dealing with hypotheticals, as in what will be the fallout of so-called Obamacare, but the known adverse affects on real flesh and blood ill and infirm people. We need to amend and enforce the dispensary ordinance with sensitivity and concern for our fellow human beings who have significant health problems. The Council needs to use their wisdom and apply the human decency that Santa Barbara is noted for.
100 years of propaganda should not trump over 50 years of modern research, 20,000 basic science and clinical studies on cannabis and cannabinoids, 5,000 years of history and the experience of millions of patients around the world who gain therapeutic benefit from the medicinal use of cannabis and cananbinoids.
Who's Who in Medical Cannabis - Ryan Landers
I was there the day we filed what has now become known as
Prop 215. I was then named Sacramento County Director for Californians for Compassionate Use. 
I headed the signature gathering for the State Capital region of the State and immediately started public speaking to all forms of media and other forums. I became the "poster boy" for medicinal marijuana for this area during the campaign to pass prop 215. I was the "yes on 215 spokesperson."
During the campaign I was the first to smile on the news with my completely illegal marijuana plants and explaining why the law should be changed. I continued public speaking for enforcement of the law on not only the media side but then political as well. I became even more well known with my arrest in Aug 1997 for smoking in public in downtown Sacramento, which became the first case filed and dropped by Sacramento officials. I attempted to open the Capitol City Cannabis Buyers Club, but stopped my efforts when political road blocks as well as financial hardships became a never ending story. Through several years of growing I have become an expert, giving advise and testimony. I started a "support group" for medicinal marijuana patients who had been arrested and tried in several counties, including Sacramento, Placer, Yolo, El Dorado, San Joaquin, and others. I attended as many court hearings as I could and referred patients to doctors, attorneys, and experts. In my local county I was able to achieve high quality pro-bono legal help for patients being harassed. Joseph F. Farina has been the biggest contributor in Sacramento for pro-bono legal representation including for me. Joe has represented me since Feb. 1997 at no cost to me what so ever.
In September 1998 Sacramento police and sheriffs departments woke me up beating on my door and yelling for me to open the door. They attempted to do a quick search for
a supposed escaped man who climbed out of a cop car window in handcuffs at a stoplight. They quickly realized I was growing marijuana and one officer reached for her gun. I told them it was medicinal and offered a letter from the DA's office. After reading the notice they realized they were at my apartment and shouldn't be. They quickly told me to have a nice day and all the officers left. In the May 1999 issue of High Times magazine I was named "Freedom Fighter of the Month."
In November 1999 I became the recipient of the quickest insurance settlement I have ever heard of after the second home invasion robbery at my home in thirteen months netted 1 & 1/2 - 2 lbs. of marijuana. Travelers Insurance in SIX days from the date I reported the robbery signed a check for $5,000 per lb. X 2 lbs. -- my $250 deductible for a total settlement of $9750.00. The claims adjuster told me I would have to send in the police report as soon as I received it which I did three weeks later. Through testimony at State Capital hearings and private meetings with politicians and law enforcement I have managed to amend SB 535 Vasconcellos research bill which obtained one million dollars for medicinal marijuana research for the state of California. I was able to kill a horrible bill by Senator Johannessen (R) Redding SB 2089 which attempted to limit patients to two plants and a maximum of 1/4 oz. marijuana use per week, which is about half of what I use per day on bad days. Then thru intense lobbing, I was asked by the Department of Justice to join the Attorney General's task force on medicinal marijuana and helped secure sweeping amendments to SB 187 all of which ensured patient protection and privacy. In a Narcotics Task Force Raid on my home in late June 2000, Agents asked me how many marijuana plants I could have legally under the law while staring at eighteen plants in my back yard. They were gone in ten minutes, with no searching or asking questions of anyone but myself, and no police checks run on anyone. They didn't even ask the names of the other people in my home. In the middle of October 2000 a County helicopter lit my house up for fifteen minuets while I dealt with disgusting, rude, and viscous ground unit deputies, once again nothing was searched and NO plants taken. Media interviews include but not limited to, Tokyo Television, NBC News, Good Morning America, Discovery News, High Times magazine, Cannabis Culture magazine, Associated Press, local news, local talk radio, community access cable shows.
While attending the trial of a MMJ patient in Placer County I was able to obtain permission from Placer deputies I approached to smoke my medicine. They just said "go ahead we know what you're going to do." I replied, "But I" and they said "NO, we know who you are and we know what you're going to do, just go ahead," so I smoked a bowl in front of the historic Auburn courthouse. Then they went and told the judge and he kept the jury out of the courtroom and told the entire audience, "He understood that there was someone smoking medicinal marijuana during the recess." He stated that "he did not have a problem with that, he only had a problem with the jury seeing me smoke." He then told me "To smoke by the staff entrance or parking lot or the grand stair ways which rise on two sides of the courthouse and are no longer used," several places in which the jury would probably not see me.
I am currently the California State Director for AAMC and continue to lobby strongly for implementation of Proposition 215.
What's New
Alabama: Considering a medical marijuana law.
HB642 - The Michael Phillips Compassionate Care Act of Alabama
Arkansas: Considering a medical marijuana law.
Connecticut: Considering a medical marijuana law.
Florida: Medical marijuana petition drive underway.
Idaho: Considering a medical marijuana law.
Illinois: Considering a medical marijuana law.
Bill Status of SB1381
Indiana: Considering a medical marijuana law.
Iowa: Considering a medical marijuana law.
Kansas: Medical marijuana petition drive underway.
Marijuana Bill Reaches House
Cannabis Compassion and Care Act
Maryland: Considering a medical marijuana law.
Bill Status of SB 627
Massachusetts: Considering a medical marijuana law.
Minnesota: Considering a medical marijuana law.
Missouri: Considering a medical marijuana law.
HOUSE BILL NO. 1670 - An Act relating to the use of marijuana for medicinal purposes
Cottleville Mayor Don Yarber hopes Missouri legislature passes medical marijuana law
New Hampshire: Considering a medical marijuana law.
New York: Considering a medical marijuana law.
North Carolina: Considering a medical marijuana law.
North Carolina Medical Cannabis Act
Ohio: Considering a medical marijuana law.
HB 214
Pennsylvania: Considering a medical marijuana law.
HB 1393
South Carolina: Considering a medical marijuana law.
South Dakota: Medical marijuana petition drive underway.
Tennessee: Considering a medical marijuana law.
Texas: Considering a medical marijuana law.
Wisconsin: Considering a medical marijuana law.
The Jacki Rickert Medical Marijuana Act
Featured Recipe - Sweet Potato Delight by Darin
Ingredients:
4 large sweet potatoes
1/2 cup canna-butter (or more if you like)
1 3.5 oz. pkg cook and serve vanilla pudding
1 egg
pinch of salt
1/2 cup milk
3/4 cup sugar (or brown sugar)
1/2 tsp. vanilla extract
mini marshmallows
Directions:
Boil potatoes till soft, peel then mash while hot. Add butter, stir to blend.
Add pudding mix, egg, salt, milk, and sugar... then beat until fluffy.
Pour into a 2 qt. baking dish and bake for 30 minutes at 350 degrees.
Top with marsmallows and return to oven for browning.
This recipe freezes well and keeps well in the frig so it can be prepared several days in advance to a shin-dig.
