"Which Way, L.A.?" a Los Angeles public affairs show broadcast by public radio station KCRW featured the two Councilmembers in the center of a possible medical marijuana dispensary ban.

Jose Huizar, the councilman whose proposal to shutter dispensaries in favor of three-person collectives, is interviewed as well as Paul Koretz, the councilman who floated an alternative proposal to keep 100 dispensaries open. Ultimately, Huizar's proposal won out against Koretz's plan.

Huizar, and by extension the L.A. City Council's Planning and Land Use Management Committee that unanimously approved his proposal, came off as bureaucrats attempting to cover their asses rather than fulfilling the will of the people that voted to allow medical marijuana to begin with.

Koretz's solution, while not perfect, attempts to preserve the intent of the law and at least tries to do something, rather than just roll over because taking a stand would be difficult.

http://www.kcrw.com/news/programs/ww/ww120530competing_medical_ma

The Los Angeles City Council's Planning and Land Use Management Committee advanced a complete ban on dispensaries in the city. Councilman's Jose Huizar proposal would only limit collectives to three or fewer people, allow them to grow pot and transport it.

Huizar and Councilmembers Ed Reyes, chairman of the committee, and Mitch Englander disapproved of an alternate proposal from Studio City Councilman Paul Koretz to allow 100 dispensaries to remain open until lawsuits regarding medical marijuana laws are settled.

Dispensary supporters included attorney Steven Lubell, who said, "You're cutting off access to the patients, which is against what Proposition 215 says. Instead of totally banning and waiting for the supremes to rule, have some form of regulation that works in the interim."

Others told the council that cultivating medical-grade marijuana took years of education and was a skill most patients simply do not have.

However, the pro-pot testimony was drowned by the rhetoric of the councilmembers.

Englander: "You tell us there are a few bad apples ruining it for everyone, but from what I've seen, there are more bad apples than good ones out there." And separately: "People have gotten hurt, people have gotten killed, women have been raped."

Reyes: "We tried to cooperate but it all ended up blowing in our faces."

The Public Safety Committee, headed by Englander, may take up the proposal next week. If it passes, it will be considered by the full council.

http://www.latimes.com/news/local/la-me-la-pot-ban-20120530,0,3547975.story

http://www.dailynews.com/breakingnews/ci_20736005/city-panel-urges-complete-ban-all-medical-marijuana

http://studiocity.patch.com/articles/committee-approves-complete-ban-of-marijuana-dispensaries-full-council-to-take-next-step

Denver medical marijuana advocates are taking up the cause for the use of pot in the treatment of post-traumatic stress syndrome — again, according to the Denver Westword.

Though Colorado has a medical marijuana law in place, it does not recognize its use in treating PTSD.

Though the face of the initiative, Kevin Grimsinger, was found to have lied about his military service and the cause of the amputations of his legs in 2010, Sensible Colorado is revisiting the issue with three vetted vets. Joseph Hatcher, a former Army scout with a cavalry unit, retired Air Force major Robert Wiley and Wanda James, a retired Navy lieutenant.

Sensible Colorado's Executive Director, Brian Vicente, said of Hatcher: "He's going to be talking about his experiences there, and the resulting PTSD that he and fellow veterans suffer from — and how medical marijuana can be used to treat that condition, even though currently its use is illegal under state law. That's what we're trying to change."

The pressure that the feds are putting on dispensaries to close is nothing new. However, a crack may have appeared in the monolith that is federal law enforcement.

Most dispensaries are now becoming acquainted with Section 280E of the tax code. It's the piece of law that the IRS uses to deny collectives and any other business associated with medical marijuana the deductions afforded to any other businesses. It was originally drawn up to prevent drug dealers from claiming those deductions (on the off chance they felt like paying income taxes), which the feds feel medical marijuana dispensaries are, regardless of the laws of their state.

However Forbes reports that the U.S. Tax Court has found that while any income derived from marijuana sales are covered by Section 280E, but expenses associated with caregiving are perfectly legal. In the case of Californians Helping to Alleviate Medical Problems Inc. v. Commissioner, only 10 percent of the Harborside Health Center (the dispensary that brought the suit) was dedicated to marijuana, making the other 90 percent of its rent deductible.

The article urges dispensary owners to keep records of everything.

"A large expense for a dispensary is normally inventory costs–buying product for resale. Despite the prohibition on deductions, it appears that the cost of goods sold–even marijuana–can be claimed. Again, good records are key."

Politicians come and politicians go, but one thing's a constant: campaign promises.

While most promises fade into the background din of cutting the debt, better education and how much more one guy loves America more than the other guy, Andy Caffrey, a candidate for the House of Representatives in California’s 2nd Congressional District promises to light up a joint on the steps of Congress, if he's elected the Independent Voter Network reports.

Caffrey, a Democrat, intends his toking to be an act of civil disobedience. He expects to be arrested by Capitol Police and intends to use the attention to put the spotlight on the larger attention of federal marijuana policy.

While Caffrey would be a fringe candidate anywhere else — including much of California — his district encompasses a very liberal swath of real estate from the Golden Gate Bridge in San Francisco to Humboldt County to the Oregon boarder.

In his own words: "We have to redirect trillions of dollars away from war, away from the war on drugs, and we have to get it back from the rich to rebuild our infrastructure all over the country. We have to become locally sustainable. We have to look at food security, water security, and we have to have a safety net that’s going to take care of everybody."

The bans on medical marijuana in the California cities of Irvine and Lake Forest, both located in Orange County, have been upheld by The Ninth U.S. Circuit Court of Appeals, the San Francisco Chronicle reports.

Opponents of the law challenged it on the grounds of the Americans with Disabilities Act. The ADA classifies users of an illegal drug for an ailment as disabled and protected against discrimination. However, that protection only applies if the drug is taken under supervision by a licensed health care professional, or obtained by other uses authorized by law.

The court agreed that the law could be interpreted to cover medical marijuana users who use the drug with their doctor's approval — but it would undermine existing federal anti-drug laws.

The judges were sympathetic for the case of medical pot, but Judge Raymond Fisher in the majority opinion wrote, "for now, Congress has determined that, for purposes of federal law, marijuana is unacceptable for medical use."

In a dissenting opinion, Judge Marsha Berzon  stated the ADA does show an intent to allow doctor-approved use of marijuana, but the anti-dispensary laws probably are not discriminatory.

While getting tough on drugs is a tried and true strategy to winning an election, pro-marijuana groups are being credited for playing a decisive role in the primary victory of Democrat Ellen Rosenblum for Oregon's attorney general race.

Rosenblaum, a former judge, promised to prioritize enforcement of marijuana laws at the bottom of Oregon's law enforcement duties. Her opponent, former U.S. Attorney Dwight Holton, called the state's medical marijuana laws a "train wreck" and shut down growers and collectives.

Pro-marijuana organizations, such as the Drug Policy Alliance and Citizens for Sensible Law Enforcement, contributed to Rosenblaum's campaign war chest. Holton was an early favorite for the nomination, but Rosenblaum pulled in 64 percent of the vote, compared to Holton's 36 percent.

Rosenblaum downplayed the role of the pro-marijuana groups, though The Seattle Times reports they were ecstatic with the results.

Ethan Nadelmann, executive director Drug Policy Alliance and its campaign branch, Drug Policy Action, said, "What we're hoping, and what we assume, is that any U.S. attorney who's thinking of running for statewide office in a Democratic Primary anywhere in the country is going to think twice now before adopting a highly aggressive posture toward the medical marijuana law."

The Los Angeles City Council sent a medical marijuana proposal that would have left about 100 dispensaries open back to two committees, and advanced a competing proposal that would ban dispensaries outright.

Councilman Paul Koretz proposed to place regulations as to where and when dispensaries could operate as well as require tight security for the shops. The plan was praised by The Greater Los Angeles Collective Alliance said Koretz's eleventh hour plan was a "miracle" and they were grateful for his actions.

However, the council advanced a plan by Councilman Jose Huizar that allowed cultivation and direct distribution by "caregivers" but that would ban dispensaries. The plan was agreed upon in a closed session several weeks ago.

Koretz described Huizar's proposal to Patch.com as a "vicious, heartless ban that would close all dispensaries and force the seriously ill and suffering patients to buy their medical marijuana on the black market if they're not able, which most would not be, to grow it in their homes."

http://northhollywood.patch.com/articles/city-council-moves-forward-with-gentle-ban-on-medical-marijuana

The Los Angeles City Council will take up a proposal to offer limited immunity to some medical marijuana collectives on Wednesday May 16.

The measure, introduced by council members Paul Koretz and seconded by Herb Wesson Jr., will have the city attorney draft a "gentle ban" on medical marijuana dispensaries, reports pro-pot advocate Brett Stone.

The proposal states: "The City has strived for more than seven years to strike a balance between carefully regulating medical marijuana facilities and assuring patient access to medication. The "gentle ban" would eliminate all medical marijuana dispensaries while still providing for distribution by licensed health care facilities and for home-based cultivation by patients and care-givers. This approach may result in a hardship for seriously ill patients who cannot cultivate at home and who lack access to a licensed health care provider or a care-giver who will cultivate for them."

The limited immunity of the Koretz proposal would apply to a group of collectives that met certain qualifications. However, failure to keep up with those conditions would forfeit the right for the collective to remain open. It would also be applicable for a limited number of collectives and until certain court cases are decided and the ordinance is amended.

Sarah Armstrong, legal liaison for The Greater Los Angeles Collective Alliance. stated in an email to Stone that they were "over the moon" about the development.

"To have Koretz come in at the eleventh hour with a motion to put an ordinance back on the table is nothing short of a miracle and we are deeply grateful to him," she added. "Below is the motion. Note the language '...an ordinance implementing that approach be presented to the Council as an alternate to the ban approved by the City Planning Commission.' (emphasis added)"

After several years of representing clients who are and were in the medical marijuana industry, Denver-based attorney Ann Toney was informed her insurer would no longer cover her for malpractice.

The Hanover Insurance Group, the company that covers Toney, told her the termination was because of her involvement with medical marijuana. The Medical Marijuana Business Daily speculates that this may have a similar, chilling effect on other professionals who provide services for medical marijuana clients, such as other lawyers, other insurers and accountants.

This action comes at a time when banks are skittish handling similar transactions and U.S. Attorneys are stepping up raids on dispensaries in states that have legalized pot for medical use.

The Medical Marijuana Business Daily quotes Brian Vicente, another Denver medical marijuana attorney as saying:

"I’m concerned that this could spread, as insurance carriers can be very risk averse at times. However, there are many (lawyers) out there who represent the mob and child molesters, and the fact that (an insurance company) would say that’s OK and medical marijuana isn’t doesn’t make sense."