Blog Voices from the Frontlines
...And the hits just keep coming!
Despite the DOJ memo and our best efforts the federal government continues to engage innovative tactics to continue their campaign of interference with state medical marijuana laws. The latest tactic is to use an antiquated tax code to prohibit medical marijuana dispensing facilities from taking IRS deductions and credits attributed to amounts paid or incurred during the taxable year. ASA has confirmed that several medical cannabis collectives in California are now being (and have in the past been) targeted by this very law under the guise of federal tax audits. These “audits” seem to be unfairly applied, especially as they appear to target the largest collectives serving the greatest percentage of the population.
For the patients who rely on the access to medicine these collectives provide, enforcement of this provision could result in a number of unanticipated consequences. Without doubt, collectives will be forced to raise the cost of medicine and services in order to compensate for the loss of a deduction/credit. It’s possible that some collectives may simply stop filing federal tax returns, which may jeopardize the integrity of the collective and put patients in harm’s way. And, in the worst case, collectives will simply shut their doors, forcing what are otherwise well regulated facilities back to the underground.
To combat this issue ASA has enlisted the leadership of Congressman Pete Stark (D-CA), known as one of the nation's foremost advocates of tax reform. Mr. Stark has championed a “Request for a Revenue Ruling on Allowing Legal Marijuana Dispensaries to Take Trade or Business Deductions.” Mr. Stark and a handful of Congressional colleagues who also serve as senior members of the relevant oversight committees including Ways & Means, Joint Taxation, Banking, and Judiciary have cosigned a letter requesting that the IRS issue a revenue ruling - or similar pronouncement upon which all taxpayers may rely - concerning deductions for medical marijuana dispensaries.
The Revenue Request represents an initial step toward a final solution and ASA will continue our dialogue with Congress and Administration officials about this issue. These ongoing and indirect tactics underscore a need for Congress to provide a solution to the growing divide between state and federal laws concerning the use of marijuana for medical purposes. In the meantime, PLEASE visit the following webpages and offer these allies your personal thanks and sincere appreciation for their leadership on this important issue.Congressman Pete Stark (D-CA/13) Congressman Sam Farr (D-CA/17) Congressman Raul Grijalva (D-AZ/7) Congressman Barney Frank (D-MA/4) Congresswoman Linda Sanchez (D-CA/39) Congressman Jared Polis (D-CO/2)
If you don’t live in California you may not have heard much about our Attorney General race. Steve Cooley was running for AG with the most blatant anti-patient platform this country has ever seen. Hand picked by the cops and funded by rightwing political strategist Karl Rove, Cooley made no small effort to let voters know that if he were elected he would do everything in his power to eradicate medical marijuana for California.
Knowing how important the success of California’s safe access program is in directing the rest of the country, we threw the full weight of ASA into this race; galvanizing our community, educating Californians and mobilizing voters. We built coalitions, created strategic marketing videos and fervently developed our field.
We watched the results pour in November 2nd, excited when he was down and nervous as his numbers went back up. Our office held our breath as the outcome seemed to change every hour. At around mid-night it was clear we weren’t going to have an answer, and we went to bed crossing our fingers that we would wake up to good news.
Well, as you may know we didn’t get that good news for another three weeks. Today, we found out—patients won! Steve Cooley was defeated, and California’s safe access is protected.
And, while this is great news for the west coast it’s even better news for us nationally, because ASA has established medical cannabis patients as a real player in the electoral landscape. This election was won by only the smallest margin of votes. It is clear to every political expert in the country that it was the patient community that swung this election, and it will be ASA that will continue to swing elections as long as our patients’ rights are in jeopardy. You saw us win in California, now help us win nation-wide.
Every ounce of weight and leverage we have is because of our members. YOU are ASA! It is our members that supported this effort, and a special thanks to members David Bronner of Dr. Bronner’s Magic Soaps and to the American Cannabis Research Institute’s Ben Bronfman and Matt Atwood for their generous support.
We need your support, too. You are protecting your rights when you help us fight back and win big victories like this. ASA will be there for the next battle, if you help us do it.
Los Angeles County Supervisors voted 4-1 today to ban medical cannabis collectives in the unincorporated communities of the county, overturning a 2006 ordinance regulating safe access. The vote was in response to concerns about public safety following high-profile violence in the City of Los Angeles and the proliferation of un-permitted collectives in the county. Today’s vote should be a wakeup call for patients and advocates all over California. Bad press and public perception can roll back progress on medical cannabis.
Supervisor Michael Antonovich, a long-time medical cannabis opponent, started the push to ban collectives in June, after media coverage about multiple shootings at collectives in the City of Los Angeles stoked community concerns about safety. It should have been a short debate. Supervisors Zev Yaroslavsky, Gloria Molina, and Don Knabe all supported the regulations in 2006; and newly-elected Supervisor Mark Ridley-Thomas voted to support patients’ rights as a state Assemblymember in 2008. But much of that goodwill evaporated as Supervisors watched neighborhood concerns(and media coverage) rise along with the number of illegal collectives in cities and unincorporated areas.
Patients and advocates must be vigilant for turning tides of public opinion. Long term trends are towards greater acceptance and support for medical cannabis. But opponents like Supervisor Antonovich will continue to seize on short comings and neighborhood ambivalence to push back whenever they can. Antonovich did not have to prove a correlation between collectives and violence. He only had to raise the issue and let the media zeitgeist carry the day.
The facts are on our side. Research conducted by Americans for Safe Access (ASA) and the experience of the last fourteen years prove that sensible regulations reduce crime and complaints. In fact, collectives can make a neighborhood safer. Even Los Angeles Police Chief Charlie Beck told reporters in January that the idea that collectives attract crime “doesn’t really bear out.” It is too bad for patients in Los Angeles County that Supervisors just were not listening.
Los Angeles County Supervisors fumbled today when they banned medical cannabis collectives. The ban will prevent law-abiding patients from operating collectives, but do little to close the un-permitted collectives causing so much hand-wringing in the county. In casting this unfortunate vote, the majority ignored input from a small, but dedicated, segment of community that fought the ban for the last five months. We can only hope cooler heads prevail after headlines celebrating the crackdown have faded, Supervisors claim victory, and advocates start the hard work of changing this bad policy.
|Senator Leahy||VT||(202) 224-4242|
|Senator Kohl||WI||(202) 224-5653|
|Senator Feinstein||CA||(202) 224-3841|
|Senator Feingold||WI||(202) 224-5323|
|Senator Specter||PA||(202) 224-4254|
|Senator Schumer||NY||(202) 224-6542|
|Senator Durbin||IL||(202) 224-2152|
|Senator Cardin||MD||(202) 224-4524|
|Senator Whitehouse||RI||(202) 224-2921|
|Senator Klobuchar||MN||(202) 224-3244|
|Senator Franken||MN||(202) 224-5641|
Medical Marijuana Advocates Bring Attention to DEA Confirmation Hearings - Americans for Safe AccessAmericans for Safe Access is urging Senate Judiciary Committee (SJC) members to ask Acting Drug Enforcement Administration (DEA) head Michele Leonhart difficult and pointed questions on Wednesday, during her confirmation hearing, about her plan to address the growing divide between federal and state medical marijuana laws. Leonhart, a Bush-holdover, led aggressive attacks for many years against medical marijuana patients and their providers, and has obstructed meaningful research into the medical efficacy of marijuana. Read more about Leonhart’s confirmation hearing, her background as Deputy DEA Administrator, the questions ASA has submitted to the SJC, and the action patients are taking to hold Leonhart accountable for her actions.
[caption id="attachment_993" align="alignleft" width="300" caption="Acting DEA Administrator Michele Leonhart"][/caption]
DC Medical Marijuana Law Advances Toward Implementation with New Revised Regulations - Americans for Safe AccessD.C. medical marijuana patient advocates claimed partial victory, as a new set of revised rules and regulations were published by the District on Friday. The biggest achievement for patients, which was recently underscored by DCist.com, was wresting the licensing control from the Alcoholic Beverage Regulation Administration (ABRA) and placing it into the hands of more experienced healthcare providers. Although Americans for Safe Access (ASA) takes issue with other aspects of the regulations, such as the prohibition on patients cultivating their own medical marijuana, ASA intends to work with Mayor-elect Gray on reversing counter-productive and harmful provisions, building a strong and representative licensing board, and effectively meeting patients' needs. After voting for Initiative 59, the “Legalization of Marijuana for Medical Treatment Initiative of 1998,” more than 12 years ago, D.C. patients are ready to implement the law.