ASA Blog: LA City Council Vote Unlikely to Settle Controversy

Sunday, November 22nd, 2009

From the ASA Blog “Medical Cannabis: Voices from the Frontline” -

“The process that started with a motion by Los Angeles City Councilmember Dennis Zine in 2005 may reach a milestone on Tuesday, when the City Council is scheduled to vote on a draft ordinance regulating hundreds of medical cannabis collectives in the city. That vote will do little to quell controversy in the city. Advocates and neighborhood groups are both unsatisfied with the proposal. The advocate community is buzzing about lawsuits, voter initiatives, and recall campaigns. The media wants to know whom to blame, and everyone is pointing fingers.

In this milieu, Councilmembers have a lot to do if they plan to adopt the ordinance before the Thanksgiving break. At joint committee and City Council meetings last week, the Councilmembers proposed more than forty sometimes contradictory amendments to the ordinance; and in a rebuke to City Attorney Carmen Trutanich, sent instructions to staff to research other regulatory models and alternative legal interpretations. (You can download the various amendments from the Council File Management System by searching for documents related to Council File. No. 08-0923.)…”

Read the entire post with links on the ASA Blog.

Pesticides and politics

Thursday, October 15th, 2009

(This is a guest blog by M. Backes, responding to allegations by City Attorney Carmen Trutanich about pesticides on medical cannabis.)

LA City Attorney, Carmen “Nuch” Trutanich, has been all over the media trying to convince Los Angeles that a pesticide used to kill Mexican fire ants is evidence that medical cannabis provided by dispensaries is poisonous and supporting Mexican drug cartels.  Having abandoned the flawed interpretation of the California Supreme Court’s decision in People v. Mentch, Mr. Trutanich and LA County District Attorney Steve Cooley have now latched onto toxic reefer as their latest justification for shuttering LA’s pot shops.

According to Trutanich, three samples of medical marijuana from “controlled buys” by undercover LAPD were tested by an FDA laboratory.  On these samples, Mr Trutanich said the lab found high concentrations of an insecticide used to kill fire ants in Mexico.  Trutanich claims this Mexican fire ant insecticide is evidence that LA medical cannabis is being supplied by the Mexican drug cartels.

Except…

There are no Mexican fire ants.  There is the notorious red imported fire ant - solenopsis invicta – but that’s from Brazil, not Mexico.  Those fire ants were accidently imported into the US in the 1930’s then spread across the southern United States.  Fire ants were never found in Mexico, until they crossed the Texas border into northern Mexico a few years back.  But even if expatriate Texan fire ants have decamped to Mexico, what does that prove about the origin of marijuana in Los Angeles dispensaries?  If a cannabis dispensary uses chopsticks to pull marijuana buds from jars does that mean that the marijuana is being supplied by Chinese spies?

Pesticide testing is not a trivial exercise.  It requires big, expensive, exquisitely sensitive machines that are capable of detecting just a few molecules.  More importantly, pesticide testing requires a large plant sample to produce precise results. EMA, the largest testing lab in California requires a minimum 200 gram sample.  So, did Los Angeles dispensaries sell Mr. Trutanich’s undercover cops three half-pound bags of weed?  That’s an interesting scenario…  ”I’ll take a brownie, an eighth of Kush, and… throw in half a pound of that Sour D.”  It’s more likely that Mr. Trutanich would have had much smaller samples tested, with a much higher risk of error in the testing.

But what’s this insecticide poisoning cannabis patients in LA?  Well, it’s a bit more complex than Mr Trutanich would have you believe.  The insecticide that Nuch found in his big bag of herb was bifenthrin.  Bifenthrin belongs to a very common class of insecticides called pyrethroids.  The most common pyrethroid is pyrethrum, which is made from chrysanthemums.  Pyrethrum is considered safe enough for use on organic fruits, herbs and vegetables throughout the world, including cannabis.  See, most pyrethroids aren’t all that toxic, except to fish and some insects.  However, they’re not that good at stopping fire ants.  Nothing is.

What’s with this whole Mexican angle?  Mr Trutanich claims that bifenthrim is not used in California and by implication that its use is restricted to less enlightened places, such as Mexico.  But Mr. Trutanich is dead wrong.  According to pesticideinfo.org, California farmers used 107,000 pounds of bifenthrim on their crops in 2007.  They used it on corn, almonds, strawberries, even wine grapes.  Fifty tons of it.

What messages should we take away from Trutanich’s Cassandra call?  That the City Attorney and the County DA will say anything in their attempt to close LA’s medical cannabis collectives and that you might wish to keep medical cannabis away from your aquarium.  Remember that in June 2009, state drug warriors had their budgets slashed 20% in Sacramento.  Medical marijuana remains the lowest hanging fruit for prosecutors and narcs to make cases and boost their stats.  Certainly easier than busting those Mexican drug cartels.

Trutanich stated to FOX NEWS “it’s not enough to say conclusively that this dope is coming from here (Mexico), okay. but? but, you know, if it quacks like a duck, walks like a duck, you know, chances are that if you look a little closer, you may be dealing with a duck.”

Well… if it thinks like a duck, it might be the LA City Attorney.

California cannabis patients should be protected from contaminants in their medicine.  That protection comes from intelligent regulations, something that the City Attorney’s office has been stalling for two years.  Perhaps it’s time we stopped wasting tax money busting legitimate medical marijuana facilities and started researching how cannabis can be used more effectively as a medicine.

Montebello Protest

Friday, October 9th, 2009

montebello2

More than one hundred people showed up to protest a training luncheon hosted by the California Narcotics Officers Association (CNOA) at the Montebello Country Club on Wednesday morning. The training is one of a series designed to teach local police and prosecutors how to close medical cannabis collectives. Los Angeles County District Attorney Steve Cooley told reporters afterwards that “about 100%” of collectives are illegal and vowed to close them down.

Read more about the significance of Cooley’s comments on the Americans for Safe Access (ASA Blog) – “Speaking Up to Rattling Sabers.”

Sometimes it is hard to tell if you are making a difference at a protest. Wednesday was not one of those days. We scheduled the protest to reach its peak attendance just as officers were arriving for lunch. There was a massive traffic jam entering the Montebello Country Club, so attendees had to creep slowly past our signs before turning right. I have never seen so many scowling faces behind the tinted glass of government-issued sedans.

At one point, a senior staff member from City Attorney Trutanich’s staff got out of his car and approached Yami Bolanos from Purelife Alternative. He recognized Yami from a meeting she attended at his office with ASA Chief Counsel Joe Elford and me in August. He tried to tell Yami that the City Attorney was working to help patients by only targeting the bad collectives. “That’s not what your flyer says,” Yami replied and presented a copy of the invitation reading “Eradicating Medical Cannabis Dispensaries in the City of Los Angeles and Los Angeles County.”

Media coverage for the protest was uncharacteristically good. KTLA, FOX, the LA Times, the NY Times, and others covered the protest before cornering District Attorney Cooley outside the restaurant. I was even interviewed by a film crew from National Geographic! We can never know when there may be a chance to use the media to frame the debate about medical cannabis. Every protester should be dressed in a professional manner (or at least be presentable!) and ready with talking points. You could be the one in the paper or on TV telling the patients’ side of the story.

The medical cannabis community has come a long way since 2005, when only a dozen dissidents turned out to protest Drug Enforcement Administration raids in Los Angeles. On Wednesday, more than one hundred came – bringing signs, bullhorns, and drinking water to share. Nicely done!

Protesters gather in Montebello

Protesters gather in Montebello

GLACA members at the protest

GLACA members at the protest