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Opinion: Sacramento's marijuana problem

by R.V. Scheide, published on October 18, 2012 at 6:08 PM

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Old habits die hard. In 1996, a majority of California voters approved Proposition 215, which legalized the medicinal use of marijuana. Culturally, the state turned a corner. Among other things, citizens could now turn to a health-care alternative they could grow on their own property. Medical-marijuana users were no longer to be treated as criminals. But 14 years later, some people still don’t get it.

Take the Sacramento City Council, for example.

On Oct. 16, the council voted 8-1 to draft an ordinance outlawing outdoor marijuana gardens within city limits. According to the council, the ordinance is necessary because outdoor marijuana gardens have become magnets for crime. Plus, the pungent smell of an outdoor crop in full bloom disturbs some of the citizenry.

The problem is, these rationalizations for bypassing state law depend on a mindset that considers medical-marijuana users second-class citizens, if not criminals.

Consider the claim that outdoor marijuana gardens are magnets for crime. There is no doubt that certain criminal elements target gardens that appear vulnerable. Occasionally, gunplay and death result when citizens defend their crops, which can be worth up to $2,000 per plant. Is the council contending you can’t have anything of value on your property? What about the cash you keep in your safe? The Lexus you park in the street? Your bicycle?

Moreover, it isn’t the responsibility of growers to fight this crime. That’s the Sacramento Police Department’s job, one for which they are compensated well by taxpayers, including medical-marijuana users. Aren’t medical-marijuana users entitled to equal protection under the law? Or are they second-class citizens?

The City Council appears to be unaware that lower-income medical-marijuana users depend on their outdoor gardens to provide enough medicine to last an entire year. An outdoor garden of six plants can be raised for as little as $300 per year, not counting the labor the grower put into the garden.

No problem, says the council, they can just move their crop indoors. But the electric bill alone for an equivalent indoor garden can be as high as $300 per month. And that’s only if you or your landlord are willing to put up with the inevitable damage a hydroponic garden is going to do to the house. Most landlords aren’t, which means most low-income medical-marijuana users are out of luck.

Then they’ll be forced to go to their friendly local medical-marijuana collective, where the prices for medicinal-grade marijuana are considerably higher than the cost of growing your own, outdoors or indoors. If they’re fortunate, the collective will have a decent compassionate-care program that offers discounts on low-grade medicine for low-income patients.

If not, then they’ll just have to take the pain. Or the nausea. Or the anxiety.

So, what about the smell? It’s true that marijuana has a very distinct odor, especially during the outdoor harvest season, which is happening right now. But is it truly repugnant? Should we also ban driving on bad air days? Criminalize oleander? Exterminate all the skunks? (They don’t call it skunk bud for nothing.)

There’s no doubt that for some people, the odor evokes memories of an age where movies such as "Reefer Madness" were taken seriously and life sentences for hopheads were the norm. It’s an era they wished had never passed.

But it has passed. Medical marijuana is the new normal. Get used to it. Lots of things in life stink.

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edited on  October 21, 2012 | 10:30 AM
COMMENT REMOVED BY USER
October 19, 2012 | 10:21 AM
Here in Fresno, we have had to deal with this kind of local political mentality for years. Not so long ago a County Supervisor actually stated in a public hearing, "I know it's the state law...but, darn it, I don't like it and we won't have it here!" Local authorities' belief that they can merely "opt out" of state law is driving me crazy. Btw - I understand our City Attorney could possibly be the attorney for Sacto soon - Good luck with him.
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October 18, 2012 | 10:55 PM
The City could take some of the parks it can't afford to maintain and create urban gardens/farms.
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October 18, 2012 | 11:31 PM
Good points RV. Question, why does marijuana at the collective cost so much more than homegrown?

My understanding is that prop 215 does not allow the sale of marijuana for profit. And "collective" implies that customers are cooperatively buying supplies in bulk and contributing labor, you know, collectively.

Growing your own is one solution. But i would like to see some research on why non-profit, collectively grown pot is so expensive. For the ones that need medical marijuana the most, maintaining a garden often is just not an option.
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October 19, 2012 | 8:33 AM
I don't know all of the economics, but collectives have a lot of costs that you wouldn't have to deal with if they sold weed at the local corner store. Even operating not-for-profit, the collectives probably have sizable overhead--everything from the costs of operating the shop (including city-mandated security) to ample insurance and legal counsel for the odd legal grey area they find themselves in. They may also build in to some of those product costs the ability to recoup upfront costs fairly, like building out displays in the stores themselves. If you're putting up money for a collective, you have no guarantee that they'll be operating in 5 years, even if they follow all the rules, so I imagine you'd want an accelerated repayment schedule.
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October 19, 2012 | 8:28 AM
Great article. But I'm always reminded: How can it be that we're still having to talk about this in 2012? People are still in prison for using or selling marijuana, cartels are ruining swaths of forest to grow the stuff illegally, we're spending millions or billions on enforcement instead of making millions or billions on taxes--all of this for an indefensible prohibition of a drug that is far less harmful than countless other drugs that are arguably easier to get.
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edited on  October 19, 2012 | 9:32 AM
I'd like to see the crime stats, police reports and the number of complaints by neighbors. How many backyard mom-and-pop grows attracted crime? How many growing-related crimes occurred at the homes of MS sufferers tending a plant or two with the tomatoes?
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October 19, 2012 | 1:12 PM
Agreed. Let's see the data and build policies around that.
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October 23, 2012 | 1:39 PM
Yeh, and how many people grow and smoke pot for the money, when they don't need its medicinal qualities?

Last I checked, patients can't usually self-diagnose themselves and prescribe their own medications. And pot docs who will basically approve anyone for a 215 card are all over the place; that's no secret.
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October 19, 2012 | 11:10 AM
Awesome man, a voice for the newly reclassified "second class" citizen.
This is at root the State of Californias fault for not embracing the law we 59% voted in. California politicians have ignored billions in tax revenue and commerce and demonitzing its voters, by ignoring the rights we are entitled to through H&S code 11362.5. It seems to me, even though we voted the law in by a huge margin(59%) the remaining 41% is, in essence, getting their way by complaining and chastising sick folks. Of course there are those who are not ill and still have a recommendation to use cannabis. This too is the fault of our state government. California was the groundbreaker in the Medical Cannabis Movement, but we are not the model for this. Cali needs to look to Colorado for guidance. HEY JERRY BROWN!!!! Does your federal funding supercede the rights of your voters or for that fact the revenue brought in by legal medical cannabis?????? You speak for us man, come on bro......you started this in Oakland now solidify it in Sacramento
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October 19, 2012 | 11:22 AM
Thanks for the comments everyone. Two remarks: One, collectives are operated as non-profits, but they have a lot of overhead, including employees and managers that have to be paid, etc. Two, I'd like to see the crime stats too. The way the crime issue is brought up now sounds completely anecdotal.
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October 19, 2012 | 1:22 PM
Oh yeah, the collectives also add the state tax on top of the cost of the marijuana, which adds to the price.
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October 23, 2012 | 1:42 PM
So, this is a medicine, but no one is willing to pay for any sort of normalized supply chain for its distribution?

If you want low cost pot, get away from the whole medicinal thing. Focus on how it really doesn't cause any significant physiological damage, its natural qualities, etc.

Equating it with medicine is a terrible idea. What, do we want big pharma taking control of its production and distribution? If that happens, we'll all pine for the days of the "low cost" $350.00 ounce of the good stuff (or whatever it's going for these days).
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October 19, 2012 | 1:11 PM
As far as I know, cultivation is still a federal crime, and the state constitution recognizes the supremacy of federal laws.
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October 23, 2012 | 1:44 PM
That's correct; all the arguments about Brown not stepping up or whatever have no basis in fact. Federal law does have the final say in this case.
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edited on  October 19, 2012 | 2:20 PM
For what it's worth, another Midtown dispensary closed last week. All About Wellness on Oct. 13. Maybe someone will open a bar or a liquor store on that corner.
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October 19, 2012 | 2:40 PM
Two things:

1. I spoke with City Police PIO Andrew this past August re crime data on outdoor grows. I can't find the story I wrote on SN&R's site (!!!), but the take home was basically that A) the city doesn't keep track of complaints/citations for outdoor grows, mostly because of 215 cards, but also because there were very few complaints at all; and B) The only time weed grows are documented are in cases where there are big pot deals going down, felony dealing.

Ultimately, he basically communicated that outdoor grows were not a problem.

Fast forward eight weeks to Tuesday, and a police deputy was whistling a different tune--Sandy Sheedys--at the council meeting. She said it was a major problem--but this is completely anecdotal, since the department doesn't have the data to back it up.

2. Owner of All About Wellness says he hopes to reopen on January 1 when/if Obama is elected.
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October 23, 2012 | 1:36 PM
I don't want to live next to someone growing pot, for whatever reason.

As far as I know, folks aren't making other "medicines" themselves, since big pharma charges too much for them.

So, why is that okay for pot?

Sorry, but it stinks and attracts crime and lots of folks who don't have time to work because they're high. Until you can refute that, it doesn't really matter how many bars are still open next to schools.

Legalization of pot and calling it a medicine are actually at odds with one another, if low cost smoke is the goal of all of this.
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October 19, 2012 | 2:55 PM
The pen is mightier than the sword; R.V. You are the man!! You can "pencil" whip someone. I'd never want to get on your bad side lol. As I previously wrote, "I am your biggest fan ever!" and I have been for a long time. I've truly missed your writing style and we're so very lucky to have you here.

Signed
grasshopper
(not marijuana grass lol but the student (myself) wanting to learn to write from the teacher/ master (R.V. Scheide)
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October 19, 2012 | 8:35 PM
Florin Wellness just announced on its Facebook page that Sunday will be its last day in business. The collective cited its proximity to a school. Meanwhile, Spitzer's Walnut Room, the bar next door and equally close to the school, stays open for business.
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October 20, 2012 | 1:14 PM
Geez. Florin Wellness, All About Wellness closed? Pretty soon you're going to have to grow your own!
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October 23, 2012 | 1:45 PM
Or move to another city. ACT UP on Market in SF was a great club in its day.
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October 21, 2012 | 4:01 PM
U.S. Constitution, Article VI:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof....shall be the supreme Law of the Land; and the Judges of every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Cultivation of marijuana is a federal crime. Some people apparently only care about following the U.S. Constitution when they agree with it and ignore or object to its binding authority when they disagree with it. There is a long line of such objectors: Bull Conner, George Wallace, the KKK and the Confederate States of America who objected, variously, to federal civil rights laws, federal voting rights laws and the Emancipation Proclamation and who were unwilling to accept that federal law is the "Law of the Land," notwithingstanding "Laws of any State to the Contrary."

For those of you who are displeased with the fact that federal law with regard to marijuana must be obeyed notwithstanding state law on marijuana dispensaries, I have some basic civics advice for you: elect congressional representatives and presidents who will change the federal statutes to which you object. In the mean time, obey the Law of the Land and stop treating the U.S. Consitution like so much tissue paper.
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October 22, 2012 | 7:07 PM
Craig, Americans in fact elected a pro-medical marijuana president, Barack Obama, in 2008, who then turned Eric Holder and the Justice Dept. loose on California's dispensaries. That didn't turn out so good!

As Attorney General, Jerry Brown instructed California law enforcement to follow Prop. 215, That has worked fine, until the Feds got re-involved.

I think to compare medical marijuana to Jim Crow in the context of Federalism is hyperbole.
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October 23, 2012 | 11:27 AM
I know that the federal government has been very successful at calling virtually everything a federal matter, but that's one aspect of our democracy which I am not at all proud of. Why should the federal government tell someone they can't grow and use their own marijuana? Tell me how that falls under "interstate commerce."
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edited on  October 21, 2012 | 4:42 PM
Never mind that there's not a single condition for which smoked marijuana has been proven effective or that its use is clearly associated with declines in cognitive function and impairment of motor performance. If you like to smoke it, I guess it makes everything better, but it's a charade to call it medicine.

It's not even necessary to have a valid diagnosis; any one of numerous symptoms that normal people experience every day will get you a card. Enforcement of laws against use or cultivation is practically non-existent except for obvious large scale operations.

So what's the real problem? Is it that people can't grow and smoke pot anywhere, anytime, without the illusion that there aren't going to be any consequences?
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October 22, 2012 | 7:11 PM
Thomas there is an increasing body of evidence indicating that marijuana is in fact a powerful medicine that also just happens to get you extremely high. I'm serious about the first part. Google it. Latest evidence in is that it may help reduce the incidence of cancer.
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October 23, 2012 | 1:30 PM
Pot may be a medicine, but it can't go both ways. Either it's regulated as such, or it isn't and possibly made entirely illegal.

The fault lies with differing federal and state views on the subject, but that's where we're at at the moment.

As with most medicines, it's important to limit use by folks who don't require its medicinal qualities (things like, "it makes me less stressed out" don't really count).

Seems the author wants it both ways. It's a medicine, but it shouldn't be regulated. How does that work? Even homeopathic substances, which are under reduced if not non-existent regulation, don't claim to do much if anything, and don't get anyone nearly as high as the more expensive varieties of medicinal pot do.

When grown outside in a dense patch, pot can also stink in the later stages of its growth. And asserting that there isn't an element of crime and significant recreational usage about it, is simply not acknowledging the facts.

Lots of us experience anxiety in life. Perhaps that's life's way of saying that something is not right and needs to be addressed. Perhaps smoking pot just makes it easier for some users to not think about it for another day?

I'm not minimizing pot's medicinal qualities. It's clear that it can be valuable under some circumstances. But as it stands the recreational and medicinal uses of pot are clearly being blurred—look at all the doctors out there who rubber stamp cannabis card applications, we've all seen that in action. There's clearly another side of this that lots of anti-cannabis advocates can't help but notice.
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October 23, 2012 | 9:43 AM
cannabis grown outdoors in good dirt under the sun is different from cannabis grown indoors in hydroponic fluid under electric lights. a good friend who uses cannabis in a vaporizer for migraines reports that only the naturally grown kind works for him.
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October 23, 2012 | 11:28 AM
I'm glad that the City is taking steps to ensure that my leisure time isn't ruined by having to endure the nauseating smell of weed. If marijuana is going to be treated like medicine, then people who grow it and use it should expect it to be regulated. The City has rules for keeping livestock in urban locations to avoid noise, smell, predation and other problems; I don't see any basis for why marijuana should be exempt from regulation.
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October 23, 2012 | 1:19 PM
I agree that limiting outdoor growth opportunities impacts lower income folks the most.

But, dang, a patch of pot is kind of smelly too. Even if you like the smell.

I agree with Owen Howlett. Either it's a medicine and needs to be regulated, or it's not and then it'd probably be totally illegal (whether that's right or not is a separate discussion).

Of course, if it's a medicine then insurance should cover its use. But those on a lower income probably don't have insurance, either, so there's that.
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October 23, 2012 | 2:24 PM
For anyone who wants to grow indoors, new LED lighting might be a way to reduce your energy bills:

http://lighting.com/research-leds-stage-greenhouse/

Alternatively, use one of those nifty kitchen garden windows:

http://www.doorandwindow.com/windows/styles/garden/
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October 29, 2012 | 1:54 PM
i'm not clear on the medical marijuana allowance but i've always thought that a person that is allowed to grow medical marijuana doesn't need to have an entire crop & i do have issue w/ that. i can't imagine that having a couple of plants that you grow & use are causing crime & we have to worry about the smell etc. anyone have any insight on why a person needs an entire backyard full of pot??
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