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04 May 2010 12:00
Compassion club owner Neev Tapiero says the trafficking charges he faces are as weak as Health Canada’s medical marijuana.
Tapiero, the owner of Cannabis as Living Medicine (CALM), sells medical marijuana to people with chronic diseases, including HIV.
After his Queen Street East club was raided March 31, nine people, including Tapiero, faced drug-related charges.
The charges were stayed against everyone except the owner yesterday.
“It’s the right thing to do,” lawyer Ron Marzel said as some of his clients smoked a joint in front of Old City Hall.
“If the government takes issue with a compassion club, they should have that fight with Neev.”
Marzel said the case could be precedent setting, with the potential for legitimizing compassion clubs and decriminalizing marijuana.
Tapiero maintains compassion clubs like his fill a void for patients who can’t find relief through the federal program.
“This is a charter right. If you have a condition for which cannabis is useful, you deserve high-quality consistent access,” he said.
“Health Canada was sued into creating the medical marijuana program, and since they did it reluctantly, it’s a bad program.” In 2000, Ontario’s Court of Appeal declared marijuana possession laws unconstitutional because they failed to provide access for medical users without fear of prosecution.
In 2001, the federal government created a medical marijuana program.
The program dictates that people with a medical marijuana licence must order specified amounts from Health Canada, grow it themselves, or designate someone to grow it for them.
About 10 per cent of CALM’s 3,000 registered members have federally issued cards permitting them to possess medical marijuana. The rest have written approval from a doctor, chiropractor or naturopath, Neev Tapiero said.
May 3, 2010
By CBC News CBC News
Compassion clubs offer a range of medical marijuana products to fill a void in Health Canada's legal supply channel, doctors and patients say.
Ottawa offers only one strain of medical marijuana, and the only legal way to purchase it is through Health Canada. Medical users insist the different strains of marijuana provided by compassion clubs offer different kinds of pain relief, such as for epilepsy, multiple sclerosis or spinal cord injury. However, there hasn't been any research testing those claims.
Since Canada became the first country to adopt a formal system to regulate the medicinal use of marijuana through the Marijuana Medical Access Regulations in 2001, more than 4,000 Canadians have gained a legal right to use it - if they grow it themselves, find someone to grow it for them or buy it from Health Canada through the mail.
"I think it's high time we cleaned up that kind of regulatory process and put some kind of quality control on the cannabis that's being provided, and give patients and physicians some reassurances that at least we know what the patients are using when they use this drug," said Dr. Mark Ware of the Canadian Consortium for the Investigation of Cannabinoids in Montreal.
Traumatic raid
Angie Sawula, who smokes marijuana to control her epileptic seizures and has a permit to possess marijuana from Health Canada, was arrested when police raided the compassion club or medical dispensary in Toronto where she buys the drug.
"It was really scary for us," the mother of two recalled of the March 31 raid. "We all went through a lot of trauma," after being held in a jail cell from 6 p.m. to 3 a.m.
After an undercover police raid at the offices of Cannabis as Living Medicine or CALM, nine people were charged with trafficking. The dispensary that has operated for 14 years was closed, and customers' medical marijuana supply was cut off.
On Monday, charges were dropped against Sawula and seven other members of CALM. The club's owner, Neev Tapiero, faces charges that could send him to jail. He is planning a challenge under the Charter of Rights and Freedoms, saying people who are legally authorized to possess the drug are being forced to get it from an illegal source.
"We are in a position to change the law and I suspect we will," Tapiero said. "I'm very confident about our argument and our position here. This is really Health Canada's big problem that they have to solve. I'm just the little guy caught in the middle."
It was a charter challenge that lead to the original medical marijuana act. Supporters such as Sawula hope the new constitutional fight will bring medical marijuana out of the back alleys and regulate compassion clubs so police won't shut down the clubs.
"We have several contract producers and we make sure that they have a very clean operation, that the cannabis we get is mold and fungus free, it's of a high therapeutic value and it gets thoroughly tested," Tapiero said.
Strong strains
Club staff say they verify medical documents by calling the doctor to make sure they've signed the exemption and the application is not fraudulent. Clients are then assigned a membership number.
Sawula said she felt like a criminal when she was arrested. But when she bought marijuana on the street, her seizures came back full force.
"It's like giving a cancer patient an Aspirin and saying here you go. You need something more."
Storm Peschel, 17, of Kewsick, Ont., inhales medical marijuana several times a day to relieve pain. Peschel has multiple synostosis syndrome - a rare genetic disease that causes his bones to fuse.
"Ever since I was born, I've had intense pain," Peschel said. "Previously, I was prescribed codeine - which is an opiate and it's a lot harder than cannabis - and I was tired, I was groggy. Cannabis doesn't have any of those bad side-effects."
Peschel is also a licensed medical user. Since CALM was raided, people have reached out to offer him medical marijuana.
"I don't think I've ever had a parking ticket, same thing with my husband," said Georgia Peschel. "This is his medicine now, and if he doesn't have it then I will do what I have to do because I'm not gonna watch him suffer anymore."
When medical marijuana regulations have faced charter challenges in the past, courts have ruled in favour of advocates.
CBC News made repeated requests for an interview with Health Canada. The department responded by email:
"The government of Canada is currently considering longer-term measures to revise the Marijuana Medical Access Program and its regulations. Our review is focusing on three key areas: public safety and security, reasonable access to marijuana for medical purposes, and examining overall costs to the government."
May 03, 2010
Toronto Star

Compassion club owner Neev Tapiero says the trafficking charges he faces are as weak as Health Canada’s medical marijuana.
Tapiero, the owner of Cannabis as Living Medicine (CALM), sells medical marijuana to people with chronic diseases, including HIV. After his Queen St. E. club was raided on March 31, nine people, including Tapiero, faced drug-related charges. On Monday, the charges were stayed against everyone except the owner.
“It’s the right thing to do,” said lawyer Ron Marzel, as some of his clients smoked a joint in front of Old City Hall. “If the government takes issue with a compassion club, they should have that fight with Neev.”
Marzel said the case could be precedent setting, with the potential for legitimizing compassion clubs and decriminalizing marijuana.
Tapiero maintains that compassion clubs like his fill a void for patients who can’t find relief through the federal program.
“This is a charter right. If you have a condition for which cannabis is useful, you deserve high quality consistent access,” he said. “Health Canada was sued into creating the medical marijuana program, and since they did it reluctantly, it’s a bad program.”
In 2000, Ontario’s Court of Appeal declared marijuana possession laws unconstitutional because they failed to provide access for medical users without fear of prosecution. In 2001, the federal government created a medical marijuana program.
The program dictates that people with a medical marijuana licence must order specified amounts from Health Canada, grow it themselves, or designate someone to grow it for them.
About 10 per cent of CALM’s 3,000 registered members have federally issued cards permitting them to possess medical marijuana. The rest have written approval from a doctor, chiropractor or naturopath, Tapiero said.
Sandra Petite, a CALM volunteer who had trafficking charges stayed on Monday, said Health Canada cannabis looks like oregano, and comes in vacuum-sealed packages.
“It has no effect on me whatsoever,” she said. “There is one strain , and like anything you will develop an immunity to it.”
Lawyer Alan Young, who has represented many medical marijuana clients, including CALM, said there’s a slim chance the case will see the light of day.
“There’s a lot the government could lose if CALM is right that they have a constitutional protection to distribute the product,” Young said.
Compassion clubs across Canada are not licensed and face police scrutiny at random.
While the case makes its way through the system, Tapiero said CALM’s doors are open to prepare his defence but not to sell medical marijuana.
Ottawa police Chief Vern White says he isn’t interested in giving marijuana users criminal records, and would support discussing decriminalization — with one caveat.
“My only concern about the word ‘decriminalizing’ is
the suggestion to the public that (marijuana) is not a
dangerous drug,” he said.
The Citizen asked White about decriminalization following a recent community meeting.
An Angus Reid poll
released earlier this month shows a majority of Canadians remain in favour of legalizing the plant. And last Tuesday, hundreds flocked to
Parliament Hill to smoke up in an annual ritual in support of decriminalization.
“If this is about, ‘we don’t want people to have a criminal record for possession of marijuana,’ that message is a good message,” White said. “Because I don’t want them to have a criminal record for possession of marijuana
either.”
But the police chief said that the levels of tetrahydrocannabinol (THC) — the active ingredient in marijuana — has increased several-fold since the 1970s.
He also pointed to studies that link consumption of marijuana to the onset ofpsychoses. A 2007 review of 35 studies found users were 41 per cent more likely to experience delusions, hallucinations or schizophrenia, though the researchers noted that the lifetime risk of contracting a chronic psychotic disorder had a probability of less than three per cent.
“So don’t say it doesn’t hurt,” White said. “It’s like saying alcohol doesn’t have a negative impact. Of course it does. But let’s focus on do we want them to have a criminal record for simple possession? If that’s the focus, I’m all for that discussion. But if it’s around, ‘it’s not hurting people,’ … I don’t agree with that.”
White said he believes police forces across the country would not oppose decriminalization.
“There’s not a police chief in the country, I think, that sits there salivating over the fact that people with simple possession charges have criminal records,” White said. “I’ll tell you the truth — most guys don’t get charged with marijuana anyway. Most people who have marijuana end up with it heeled into the ground, or with a verbal warning.”
Statistics Canada figures for 2008 show that, of more than 50,100 incidents in which police encountered a cannabis possessor, police laid possession charges less than half of the time.
But in Ontario, 15,787 incidents led to 10,204 people charged. Those under the age of 18 made up less than 20 per cent of people charged.
White said he’s “good” with the 30-gram personal amount that the federal Liberals suggested when they toyed with decriminalization, though they ultimately proposed to decriminalize a reduced amount of 15 grams.
The bill died shortly before the 2006 federal election that saw Stephen Harper’s Conservatives take power. The Harper government has said it does not support decriminalization.
White said anyone carrying 30 grams in pre-rolled joints or ‘dime’ bags would likely face trafficking charges.
A ‘dime’ of marijuana weighs about 0.7 grams and sells for $10, though some dealers will sell whole grams for that price.
A full 30 grams bought in bulk might be had for $200 to $250, but at that weight it would more likely be sold as an ounce — slightly more than 28 grams.
“My support will be in having a frank discussion about whether or not we want people to have criminal records for possession of marijuana,” White said.
Legalizing pot may kill buzz in California enclave
11:45 AM EDT
ARCATA, California (Reuters) - Below the perpetual fog that shrouds the redwood groves, green hills and rocky coastline of remote Humboldt County thrives a lucrative but hush-hush industry -- marijuana.
Pot pays the bills in this Northern California enclave, home to hippies and good old boys alike who espouse the weed's curative and economic benefits. The expensive trucks, bustling restaurants, escalating rents and plentiful wads of cash all point to profitable pot cultivation in Humboldt.
Now, a state voter initiative on the November ballot that would make California the first U.S. state to legalize and tax this cash crop has locals jittery about losing their dominant market position.
"We've always had a cannabis tinge to our culture," said Kevin Hoover, editor of weekly newspaper The Arcata Eye. "What we have now is a very entrenched industry that's making a lot of money off the fact that it's illegal."
Starting in the 1960's, free-thinkers wanting to get away from it all moved to the area long dominated by the lumber and fishing industries. Marijuana cultivation supported these new residents and newly unemployed blue-collar workers who watched the demise of Humboldt's traditional manufacturing base.
Although the underground pot economy makes for poor statistics, Beth Wilson, an associate professor of economics at Humboldt State University, estimates the area's annual income from marijuana at about $500 million.
The "multiplier effect" of that money circulated to support local businesses -- garden centers do a brisk business and the town of Arcata's sushi restaurant is always packed -- could push that figure to $1 billion annually, she said.
"It's not negligible," said Wilson.
PURPLE KUSH PLEASE
Everyone knows someone who grows pot. In the north county, indoor growing that fetches prices of over $3,000 per pound is popular, while in the south, marijuana is planted outdoors.
The industry has also fueled an itinerant labor force of "trimmers" who make $20 per hour or more snipping the leaves from the more potent dried buds of the plant.
"This vote has become a conflict of interest," said Deniz Farnell, 31, an Arcata hotel worker, who, like the vast majority of locals, supports decriminalizing pot smoking.
"Do you vote for the good of the state or for the next-door neighbor who's a mom who's supplementing her income through trimming? When that law passes, she'll be on food stamps."
That is because legalizing marijuana could turn a cottage industry into Pot Inc. Locals fear big tobacco will swoop in and drive down prices, supplying millions of new, legal pot smokers with "Marlboro Green."
Rumors abound in Arcata that the tobacco giants have already snatched up land and copyrights to the most popular names of weed strains, whether Purple Kush, Big Bud, Headband, Trainwreck or L.A. Confidential.
But at least one big tobacco company, Reynolds American, says it has no plans to move in. "Everything else would be purely rumors and speculation," said spokesman David Howard.
"We better hope it doesn't become legal because this area is going to become a ghost town," one reader wrote to the North Coast Journal in a response to a recent article on how to stay afloat in the post-illegal pot era.
The Tax Cannabis campaign has gained traction in the cash-strapped state of California, historically at the forefront of contentious social issues. It led the nation in 1996 by approving the use of cannabis for medical purposes.
An April 2009 Field Poll showed 56 percent of state voters supported legalizing pot for social use and taxing the sales.
On a statewide level, that could bring in $1.4 billion per year, according to the office that regulates sales tax.
"Think of all the pot smokers out there," said a mid-30s mom who has grown for six years, plans to enter law school, and favors legalization. "They can bail California out of its deficit. Smoke more pot!"
Under the initiative, possession and cultivation of small amounts of pot for personal use would be legal for those 21 and over. The measure allows municipalities to determine how to tax and regulate the drug -- with monies going to local governments -- and does not affect medical marijuana laws.
Pot is illegal under U.S. law but the Obama administration halted raids on medical marijuana clinics last year. It is unclear how state legalization would be affected by federal law, and whether the U.S. government would interfere.
APPELLATION FOR HUMBOLDT BUD?
Those who favor legalization predict it could curtail the seamier side of the industry. The profusion of "grow houses," gutted to accommodate indoor greenhouses, have pushed up rental prices, while robberies of cash and plants are on the rise.
With no real organized opposition to the measure, local leaders in Humboldt say it's time to face up to the future and brainstorm creative ideas to offset any impending slump.
"Here we have an industry with whom our county's name has, quite frankly, become synonymous," said County Supervisor Mark Lovelace. "We've lived with the downside of that name association for the past thirty years. Maybe it's time to capture some of the upside."
Ideas include taking a tip from French champagne, branding the Humboldt name as an appellation and focusing on terroir and tasting rooms. Others say that's a pipe dream.
"We don't need to panic and create weed Disneyland," said one grower, who believes the risk to growers has been overblown and foresees a continuing black market even if the law passes.
The 32-year-old illegal grower, who declined to be identified, predicts connoisseurs will eschew the cheaper varieties in a legal market and pay a premium for Humboldt's best strains.
Pot growers could also harness their know-how for other horticultural pursuits, he said.
"It's easy money right now," said the self-described "average indoor grower" with $40,000 in income every two and a half months. "But these might be the future organic farmers of the area. That skill can be applied to more things than just marijuana."
Wow, I thought $3400/pound was crazy... Check out this piece about Cannabis Caviar the newest high-octane Cannabis product, in WestWorld.
So you think you're a connoisseur, what with your cans of Beluga, Kobe steaks and stash of 1998 Dom Perignon? Think again if you haven't gotten your hands on cannabis caviar, a new kind of top-shelf marijuana popping up at Colorado dispensaries that sells for the astronomical price of $1,400 an ounce -- nearly four times the average price of other high-grade strains.
"This isn't stuff you are sitting around puffing all day," says Jake, general manager of theReLeaf Center, a Denver dispensary that's selling caviar made in house for $60 a gram. "This is the definition of a one-hitter quitter."
It ain't your grandpa's pot. Caviar is made by soaking marijuana buds in a potent stain of hash oil -- thick, sticky and concentrated liquid cannabis made from dissolving hashish or marijuana in solvents like acetone, alcohol or butane. Once the oil's soaked into the marijuana buds, the whole shebang is allowed to dry for several weeks or months.
The result is a potent marijuana smorgasbord: high-grade marijuana, with between 5 and 20 percent THC, infused with 30 to 80 percent THC hash oil. It also burns for long periods of time, notes Jake, although he adds a word of caution about taste: "It's rough."
People looking for a smooth-tasting product should look elsewhere, he says. "It's for people who want to smoke less, need longer effects, or have medical needs that absolutely require them to take large amounts of THC in. It's going to have a stronger medical benefit."
That's putting it mildly. To try some for yourself, keep an eye out for "caviar" on the top shelf of your local dispensary. It's also been called "California Raisins," though as Jake notes, "That name is falling out of favor in the ongoing weed war between Colorado and California."
And with stuff like caviar, we just might have one up on our marijuana-loving neighbors to the west.
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