New law allows naturopaths to recommend medical cannabis
OLYMPIA, WASH. APRIL 1, 2010 — A bill to expand Washington State's medical cannabis law was signed into law by Governor Chris Gregoire today. SB 5798 allows naturopathic doctors, nurse practitioners, and advanced physicians' assistants to recommend the medical use of cannabis to their patients.
The new law will increase patient access to health care professionals willing to authorize medical cannabis. Because of the conflict between state and federal pot laws, many doctors fear retribution from the federal government and are reluctant to sign medical cannabis paperwork. The resulting scarcity of doctors willing to recommend cannabis has created a cottage industry of clinics that charge qualifying patients $200 to see a "cannabis-friendly" doctor.
SB 5798 was supported by the Cannabis Defense Coalition, a Seattle-based activist group that tracks medical cannabis prosecutions in the state. "Cannabis is an effective, safe and natural medicine," said group spokesman Phil Mocek. "Patients with symptoms relieved by medical cannabis deserve the protection of our law, whether they see a regular doctor or a naturopathic physician. This bill will help increase safe access to this therapeutic, plant-based medicine."
Also included in the bill is a provision that requires medical cannabis authorizations written after June to be printed on "tamper-resistant" paper that will also be required for all prescription forms in the state.
Karen Mower is a terminally ill medical marijuana patient. Her husband John Reed is an authorized patient as well. In January 2008, the Mason County Sheriff's "Special Operations Group" raided their home garden, seizing 38 flowering plants and 36 immature plants.
The Mason County Sheriff issued a press release announcing the raid in which they estimate each plant would produce one pound of dried pot. The press release states that both defendants are medical marijuana patients, but "the amount of product found by deputies clearly exceeded the amount the couple was authorized to possess." See: http://so.co.mason.wa.us/index.php?aid=336
Their case has been dragging on, and is finally went to jury selection on March 24. The trial began March 25, and the third day will be Wednesday, March 31. Please consider spending a day in Shelton to observe this trial. Doug Hiatt is the defense attorney. Michael Dorcey is the prosecutor. Interestingly, Dorcey has filed to run for Mason County Prosecutor.
What: Mason County v. Karen Mower and John Reed
When: Wednesday, March 31st @ 9:00 a.m.
Where: Mason County Courthouse, 419 N 4th St. in Shelton
March 23, 2010 -- Last Spring, at a public meeting about creating a set of "best practices" for medical marijuana dispensaries, Steve Sarich from Sentry/CannaCare announced that the Washington State Department of Health had begun investigations into two of their doctors.
Sarich said that the DOH investigations into Dr. Jason Ling and Dr. Karen Hamilton were retaliatory in nature, were started at the request of law enforcement, and showed a new law enforcement tactic -- to attack pot-friendly doctors through the DOH complaint process. The cases involved a patient busted for growing in Thurston County, and an underage patient who provided his medical marijuana authorization to the school nurse.
Public disclosure request
In response to this announcement, in April 2009, the CDC sent a public disclosure request to the Washington State Department of Health for all records related to 1) Dr. Jason Ling and Dr. Karen Hamilton, and 2) all medical marijuana related complaints and investigations of doctors in Washington State.
In January 2010, the Department of Health provided documents responsive to the first part of our request -- the investigations of Dr. Ling and Dr. Hamilton. As of March 2010, we are still waiting for the records of all medical marijuana related investigations of doctors in Washington State.
We did not make these documents public in January because we felt they did not show retaliatory intent by the Department of Health. The Ling complaint was from a Sentry/CannaCare patient who was apparantly busted after Sentry/CannaCare records were taken by WestNET during a much-publicized raid a few years back. The Hamilton complaint is based on two cases: a 12-year-old patient that Hamilton remembers very clearly, and a case involving a patient that allegedly claimed to never have seen Dr. Hamilton, and who Dr. Hamilton doesn't remember.
Why are these relevant now?
In the wake of the CannaCare shooting on March 15, 2010, the Seattle Times reported that Sarich was already under investigation by King County law enforcement based on the complaint of "another medical-marijuana advocate."
The November investigation began after another medical-marijuana advocate complained of narcotics activity at Sarich's home and told investigators Sarich was flying in a California doctor — Ling — to write prescriptions, the affidavit says.
Some medical marijuana activists have expressed concern about a comrade that would report a fellow activist to the police. One particularly vocal and acerbic CannaCare-affiliated activist has been working all week to spread a rumor that the ACLU of Washington -- a constant and steady focus of CannaCare rhetoric -- is somehow responsible for an "assassination attempt" on Steve Sarich. Even Sarich himself is adding fuel to anti-ACLU fire:
"I can't wait to find out who the 'medical marijuana advocate' is who decided to try to get us prosecuted. Allison Holcolm (ACLU) is already publicly defending this person. Figures. Probably a buddy of hers. We'll see shortly." -- Steve Sarich
Speculation on which one of Steve's activist enemies might have "ratted him out" to police is spreading. It occurred to us that the November complaint mentioned in the paper -- about narcotics activity and Sarich flying Dr. Ling in from California -- may be the same complaint sent to the Department of Health about narcotics activity and Sarich flying Dr. Ling in from California. That complaint was dismissed in early December 2009.
And so we are making these records available online, in searchable PDF format, for the benefit of our fellow cannabis activists. We are not certain this is the same complainant as the DOH investigation, but it seems a very real possibility. We are working to get the prosecutor's affidavit and any supporting documentation.
Updated March 16, 2010 @11PM - Armed robbers broke into CannaCare early Monday morning and exchanged gun shots with executive director Steve Sarich.
Mr. Sarich was hit by a gunshot blast to the arm amd face. He returned fire, critically wounding one of the invaders -- identified by police as a 19-year-old Renton man. According to the Associated Press article, this was the series of events:
Sarich said he was awakened at his Kirkland home by the barking of his dogs, then grabbed a .22-caliber handgun and headed down a hallway outside his bedroom.
A man with a shotgun confronted him in the living room and fired, he said. The main blast struck a wall a few inches from his head, Sarich said. One pellet struck his face while another hit his leg.
Sarich shot at the robber but missed. When his gun jammed, he darted back to his bedroom and grabbed another handgun. He spotted another robber standing outside the glass door to his bedroom and fired three times, hitting the robber multiple times.
Sarich's live-in girlfriend called 911, as did the wounded robber, a 19-year-old from Renton. King County sheriff's deputies found him in the backyard and took him to Harborview Medical Center in Seattle, where he underwent surgery for life-threatening wounds.
Sheriff's deputies arrested a second suspect, also 19, as he tried to flag down a ride nearby a few hours later. That suspect gave investigators the names of two others involved in the robbery attempt who had fled in a vehicle. They remained at large, sheriff's Sgt. John Urquhart said.
It seems that robbery has slowly replace police raids as the number one patient fear in Washington State. Violent thieves consider medical marijuana patients to be sitting targets, rarely able to readily defend themselves. When patients do call police during or after a robbery, most often the police show up, take a report, and raid the patient. So, most medical marijuana patients have learned that calling the police for protection is a sure fire way to have one's home raided. Quite the Catch 22.
Just got off the phone with SteveS, he is in good spirits for what he just went through. I am almost in shock, but I will try to tell it the best I can. Allegedly, there were two or more suspects in SteveS house armed with a shotgun. One suspect shot at SteveS, SteveS shot back hitting one suspect and his gun jammed. Chelsea, who acted w/o fear, handed SteveS another 22 cal handgun and SteveS shot back, hitting another suspect three times in the chest. SteveS was hit by the shotgun pellets in his face and arm. What concerns SteveS now is the fact that the LEO are currently at his house tossing it like a herd of raging bulls. SteveS has been in contact with his attorney and will be released from the hospital shortly. He will have to have another doctor remove the shotgun pellets at a later date. Right now, I am just thankful that SteveS, Chelsea and whoever else was spending the night at SteveS, were not seriously injured or worse yet, killed by these armed intruders. Also, the police would not come onto the property, SteveS had to walk up the driveway to them and then they handcuffed him (those weren't removed until he was being placed into the ambulance). I will post more as I get any new information. KMJ.
Updated March 16 @11PM -- In addition to the CannaCare robbery/shooting that happened this morning, last week saw one of the most horrific events our community has perhaps ever seen. The CDC was tracking the cases of Michael Shane Howard, a medical marijuana patient who had been constantly harassed by the Pierce County Sheriff's Office -- repeatedly stopped, arrested, incarcerated. His friend posted bond, and he was arrested again, and she couldn't afford another bond, so he simply sat in jail for a while. That's how we found out about his case a couple months ago.
March 9 robbery attempt
Around 4 a.m. on Tuesday, March 9, thieves armed with a crow bar attempted to break in to Mike's medical marijuana grow in a shed on his property in Orting, Washington. Hearing something suspicious, Mike armed himself with a can of pepper spray, went outside to investigate, and was beaten with a crow bar to the head. His house mate Renee found him barely conscious, and called 911.
In the small town of Orting, Washington, Mike was well-known to law enforcement as a medical marijuana activist. Orting Police and Pierce County Sheriff's deputies would occasionally pull him over, maybe search his vehicle, and occasionally arrest him. Suffice it to say that Mike was not popular with the Pierce County police.
When police arrived, Mike could remember little about his attacker, so they began to question him about his medical marijuana grow. Mike refused to answer these questions, and police showed little sympathy, suggesting that the medics would probably just bandage his head and leave him at the house.
Howard was rushed to the hospital by paramedics. His condition worsened, and he eventually fell into a coma.
Raid executed by Pierce County Sheriff's Office
Two days after the attack, as Howard lay dying, the police called his housemate, Renee, and asked when she was going to go visit him in the hospital. When Renee visited the hospital, Pierce County Sheriff's detectives began a raid on the home, apparently still believing his injuries minor. They found 150 cannabis plants, most of them in early stages of growth, and "booby trap" security devices used by Howard to protect his medical cannabis grow from intruders.
According to the original report from Renee, Pierce County Sheriff's basically lured her out of the house while Mike was in the hospital, then proceeded to raid the place:
When the cops came to the sceen he told them that they were trying to get his medical marijuana, they started asking questions about how many plants were there and then told him that the medics would probably just put a big bandage on his forehead and leave him at the house. Needless to say it was way more serious then that.
Yesterday around one of the police called me pretending to care about how he was doing then asked me when I going to go visit him in the hospital.
I went to the hospital and got a call from a friend saying that my house was being raided by the pierce county sheriffs so I rushed home when I got there the search warrant was not even there yet.I looked at it when they did bring it and they were already at my house about 20 min before it had been signed.
They put me in handcuffs and threw me in the back of the cop car for about 2 1/2 hours they told me it was because I live in the home even the grow was out in a shed. They took his plants and equip. its so sickening that they are more worried about his meds then finding out who attacked him. His skull was bashed by a crow bar it seems like they are not even trying to find out who did it.
The Pierce County Sheriff's Office is now responding to media reporters saying that Mike wasn't a patient, didn't have the proper paperwork, had more than the "allowed limit" of 15 plants, etc. as they try to cover up a pretty severe error in judgment on their part -- an error that seems based entirely on their pre-existing disdain for this member of their community because he was open about being a medical marijuana patient in a small Washington town. Note what non-specific details Pierce County is presenting to media about the case:
"This is extraordinary circumstances."
"It's very complicated."
Howard was convicted of third-degree assault for pepper-spraying a power company employee on his property.
Howard was incarcerated in the Pierce County Jail for a month and a half.
"We've been working on the case it just continues to get more complicated ..."
King 5 News has footage of the 10x10 grow room. Pierce County Sheriff's Office is telling media that Michael had 150 plants like it's a HUGE grow op -- growing in a tiny ten-foot shed. They are saying that this case has "extraordinary circumstances" and that it is "very complicated." There are lies and half truths and some people might be scared because they're involved with pot, the Sheriff's office says. "It just continues to get more complicated."
What is clear is that someone showed up at Mike Howard's house at 4 a.m. last Tuesday morning, tried to break into his tiny grow room, and when he went to investigate, they beat him in the head with a crow bar. Pierce County law enforcement, who have a history of harassing the victim, did not take the assault seriously, and began and investigation into Howard's medical marijuana grow. This led them to raid his home, taking all of his cannabis plants, as Mike Howard lied dying in a hospital bed.
All of that is "very complicated" to the Pierce County Sheriff's Office, apparently.
A tragic first in Washington State
To our knowledge, the is the first medical marijuana related murder in Washington State. Steve Sarich from CannaCare was working to spread this terrible news -- which the media here hasn't picked up, in part because of the sheriff's office -- before he was shot in a home invasion robbery this morning.
Steve Sarich described the media work being done by the Pierce County sheriff's department to discredit the murdered medical marijuana patient, who had been harassed by the agency for years:
I did a TV interview with Q13 today and Renee will do the same tomorrow. It almost didn't happen. After the reporter talked to me the first time, her producer contacted the Pierce County Sheriff's office and he was told that Mike wasn't a legal patient. The reporter called me back and I informed her that I had copies of authorizations from TWO doctors for Mike (I was prepared for this). The producer called Pierce County back with that info and this time he was told that Mike was over his 15 plant limit. The reporter called me back and I told her that I could prove that Mike was legally allowed to have more than 15 plants. She called her producer back and he called Pierce County back.
Nurse practitioners and physicians' assistants may also authorize medical cannabis
OLYMPIA, WASH. MARCH 11, 2009 — A bill to expand Washington State's medical marijuana law cleared the state legislature today, and is headed to the governor's desk. SB 5798 allows naturopathic doctors, nurse practitioners, and advanced physicians' assistants to recommend the medical use of cannabis to their patients.
The new law will increase patient access to health care professionals willing to authorize medical cannabis. Because of the conflict between state and federal pot laws, many doctors fear retribution from the federal government and are reluctant to sign medical cannabis paperwork. To comply with the law, many qualifying patients are forced to travel to the city and pay $200 to see a doctor willing to sign an authorization form.
Also included in the bill is a provision that requires medical cannabis authorizations written after June to be printed on "tamper-resistant" paper that will also be required for all prescription forms in the state.
SB 5798 was supported by the Cannabis Defense Coalition, a Seattle-based activist group that tracks medical cannabis prosecutions in the state. The group hired veteran lobbyist Lonnie Johns-Brown to move the bill forward this session. "Cannabis is an effective, safe and natural medicine," said group spokesman Ben Livingston. "Patients with symptoms relieved by medical cannabis deserve the protection of our law, whether they see a regular doctor or a naturopathic physician. This bill will help increase safe access to this therapeutic, plant-based medicine."
On February 18, 2010, Olympia city council member Joe Hyer was arrested by agents from the forfeiture-funded and citizen-feared Thurston County Narcotics Task Force for allegedly selling pot. An acquaintance of Hyer had contacted the task force and reported that he was able to procure cannabis from the council member, and that he was ready and willing to wear a wire and go "undercover" in a month-long, taxpayer-funded marijuana investigation cum political vendetta.
The unchecked use of confidential criminal informants -- so-called snitches -- is out of control in America. Self-motivated accusers -- often times working off their own criminal charges -- are allowed to secretly accuse and entrap others, with little concern given to the character or credibility of the accuser. Law enforcement are funded and motivated by asset forfeiture laws -- the seizure of real property such as homes and cars.
All this money, all this time, all of our law enforcement resources going to pot. All this tragedy and betrayal. All of these lives in pieces. All because of a medicinal flower.
The CDC is seeking to uncover the identity of the confidential informant and political operative who sought retribution against Olympia City Council member Joe Hyer by making him the focus of a taxpayer-funded marijuana investigation and prosecution. If you have any information about this person, please contact CDC at info@cdc.coop or 888-208-5332.
Olympia area activists: please post these notices around town. We placed a classified ad in the Olympian saying the same, but the Olympia refused to run it.
February 2010, Seattle, Washington -- The Cannabis Defense Coalition has opened a volunteer-run cafe in South Seattle. Serving breakfast on weekends from 8 a.m. to 2 p.m. one can enjoy a lazy weekend morning with a healthy dose of activist chatter, all while sippin' on a simple cup of coffee, or diggin' into pancakes and swine.
CDC Cafe
Sat/Sun 8 a.m. - 2 p.m.
8456 Dallas Ave. S.
Seattle, WA 98108
http://maps.google.com/maps?q=8456+Dallas+Ave+S+98108
Last week, the Sensible Washington campaign to legalize marijuana got their first batch of printed petitions, and has hit the streets.
This week, the campaign started out by issuing a public response to the ACLU of Washington for refusing to endorse the initiative (and worse, according to Sensible Washington, for posting the "private" email sent by the campaign).
"Sensible Washington is disappointed that the ACLU of Washington is refusing to support I-1068. We believe that in so doing the group is ignoring the wishes of many of its members and contradicts its years of support for marijuana drug reform. We find it especially ironic that the organization which initially promoted legalization and reform in Washington State should retreat from its last 10 years of work on that front."
Below we are including the message from the ACLU of Washington, which caused the Sensible Washington board to focus their energy on the group. We are posting this because it is not readily available online, and the Sensible Washington article quotes it in part.
Our first monthly lecture series guest is confirmed! Lecture night is the fourth Wednesday of the month, and this month -- Wednesday, Feb 24 -- we will be hearing from "Radical" Russ Belville, outreach coordinator for the National Organization for the Reform of Marijuana Laws, host of the NORML Daily Audio Stash, and Associate Director of Oregon NORML.
