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Canna Law Blog by Hilary Bricken

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Cities and Counties Banning Cannabis: Why Not Let The People Decide?

By Hilary Bricken Washington State cities and counties continue to implement bans and temporary moratoria to prevent recreational marijuana from becoming a reality within their borders. How can these local governments even opt out of I-502? According to municipalities, they can prohibit I-502 for the following reasons:+ The opinion from the office of the State Attorney General (AG) regarding I-502 + Inherent police powers + Federal prohibition We briefly analyze each of these alleged sources of banning power in the context of I-502 as follows: The State AG’s opinion. In January 2014, the AG’s office formally opined that, among other things, nothing in I-502 prevents local authorities from banning I-502 facilities. In turn, cities and counties have used that opinion to justify prohibiting State-licensed marijuana businesses. We sued Wenatchee over its ban (which is based almost entirely on the AG’s opinion) and we are confident that this will not be the last anti-marijuana city against which one of our clients takes legal action. Though the A/G’s opinion is influential, it is certainly notbinding and it has no legal power. It is one attorney’s … Read the full article

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Koval called efforts to enforce laws against marijuana an “abject failure,” and said the same about the broader war on drugs. “We’ve done such an abysmal job using marijuana as a centerpiece of drug enforcement, that it’s time to reorder and triage the necessities of what’s more important now,” Koval said.

WI Police Chief: Legalize Marijuana, Use Tax Revenue To Fund Drug Treatment

WISCONSIN:  Madison Police Chief Mike Koval endorsed the legalization of marijuana last week, saying the drug should be regulated and taxed, with revenues used to fund treatment programs for harder drugs. The comments came during an interview with the State Journal Wednesday about data showing African-Americans in Madison were arrested or cited for marijuana offenses at about 12 times the rate of whites in the city. Koval called efforts to enforce laws … Read the full article...

On top of that, some patients, perhaps those without cars, will now have to grow their own marijuana plants, an activity that further contributes to global warming, the suit says, UPI reported.

Read more: http://www.washingtontimes.com/news/2014/aug/8/marijuana-smokers-sue-san-diego/#ixzz39rPwql34 
Follow us: @washtimes on Twitter

Pot Smokers Sue San Diego, Say Long Drives To Dispensaries Pollute Air

CALIFORNIA: Medical marijuana smokers in San Diego say the city has forced their pot shops to locate in remote areas and that means the drives to and from will increase air pollution — and ultimately, harm their lungs. The Union of Medical Marijuana Patients has filed a lawsuit, saying the city is violating the California Environmental Quality Act, United Press International reported. The suit names as defendants the Coastal Commission and the city of … Read the full article...