Dr. Frank Lucido's Blog: Everyone's Entitled to My Opinion

Benefit to Repeal Cannabis Prohibition ! Sat. Jan. 28, 7pm-MN

2012-01-23T15:23:00.000-08:00

Benefit party to Repeal Cannabis Prohibition !
Sat. Jan. 28, 7pm-MN

Support the Repeal Cannabis Prohibition Act of 2012
and
Party Like Prohibition is Finally Over

Co-authors of RCPA will speak on the RCPA
Music by Bill Panzer's Stonetrout, and Lester Chamber and Dylan Chambers
Light Buffet
Good friends and committed activists

NOBODY turned away for lack of funds, if you are committed to Repealing Cannabis Prohibition.
Dig Deep-Make History
$1,000 if you got it; less if you don't
1,000 signatures are worth more that $1,000.
Petitions will be available.

Donate Now:
https://secure.blueutopia.com/repealcannabisprohibition/contribute/

Donate, Volunteer, Download Petitions:
http://repealcannabisprohibition.org/

East Bay location given on RSVP to DrFrank@DrLucido.com

The RCPA 2012:
-REPEALS all criminal prohibitions and punishments on cannabis related conduct for adults, 19 and over.
-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
-MAINTAINS medical rights for patients.
-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.

We can do this!

Let’s Get This Done... REPEAL CANNABIS PROHIBITION !
Because it's time to have a rational conversation about marijuana.

Let’s Get This Done... REPEAL CANNABIS PROHIBITION !

2012-01-18T17:00:00.000-08:00

From the desk of Frank Lucido MD:

Rx:

Let’s Get This Done...

REPEAL CANNABIS PROHIBITION !

Help Pass the Repeal Cannabis Prohibition Act of 2012

We need supporters NOW

Help us collect 505,000 valid signatures to get this initiative on the ballot

What You Can Do:

Pass this email on to everyone you know
Donate Now! To Repeal Cannabis Prohibition we need $1.25 million for this campaign.

We Can Do This

The Time Is Now

Donate Here:

https://secure.blueutopia.com/repealcannabisprohibition/contribute/

Donate, Volunteer, Download Petitions online at:

http://repealcannabisprohibition.org/

or mail checks made out to "Sensible California" to:

Sensible California

360 Grand Ave., #361

Oakland, CA 94610

Frank H. Lucido MD

ps: Save the date: January 28, for our next major fundraising celebration.

space limited to first 100 major donors

East Bay Location given on RSVP

Frank H. Lucido MD

Family Practice since 1979

Medical Cannabis Consultation

Expert Witness

2300 Durant Avenue

Berkeley Ca 94704

510.848.0958 (by appointment only)

www.DrFrankLucido.com

www.AIMLegal.org

www.DrFrankLucido.blogspot.com

Michigan office: 877-787-6900

(24 hr message line)

Repeal Cannabis Prohibition Act of 2012

DrFrank/RCPA need your HELP! Save Jan. 28 on your calendar

2012-01-09T21:14:00.000-08:00

DrFrank/RCPA need your HELP! Save Jan. 28 on your calendar for next major donor event

You know who you are: those of you who always say "Thanks for all you do!"

WELL I CAN'T DO IT WITHOUT YOUR HELP,

and it's time for you to stand with me to

Repeal Cannabis Prohibition !

Those who can help by donating $1,000 (or getting such donations from your own network) will be treated to a special night of festivities on Saturday, January 28, 7pm-MN. (Location to be announced on RSVP)

Now I know that almost NOBODY has an extra $1,000 lying around.

But you ALL have a network of friends who agree with you and me, that NO ONE SHOULD GO TO JAIL FOR MARIJUANA.

Let's do something about it this year.

Our Repeal Cannabis Prohibition Act 2012 campaign is picking up steam.

We have had some major donors contribute to get our campaign website up and running and getting our PAC set up, and we are now ready to begin our signature/petition drive to collect 505,000 valid signatures.

Please pass this along to your own network of activists and potential donors and volunteers.

As you can see below, we will need $1.25 million for this campaign, and I have pledged to raise $100,000 from my own network of friends and supporters in the next 2 weeks.

Please read cover letter below, and the attached Fundraising kit, and respond ASAP to get RCPA on the ballot, and make history this Fall!

Donate and Volunteer online at:

http://repealcannabisprohibition.org/

or mail checks to:

Sensible California

360 Grand Ave., #361

Oakland, CA 94610

www.RepealCannabisProhibition.org

Thanks!

Frank

cell 510-604-1511

ps: below is our "Fundraising Kit" with our RCPA funding request, info on our co-proponents, and the full text of RCPA 2012.

January 9, 2012

Dear Cannabis Reform Advocate,

We invite you to join us on our historic journey to end cannabis prohibition and embark on a new world where cannabis use is no longer a crime. 2011 marked the 100-year prohibition of cannabis, and the Repeal Cannabis Prohibition Act of 2012 (RCPA 2012) will ensure that it is the last. It will take an enormous effort by cannabis reform advocates like yourself, and/or your organization, to make cannabis freedom a reality in California, and eventually the nation. Your support and generous donations made at www.RepealCannabisProhibition.org will ensure that we have the resources to end cannabis prohibition.

RCPA 2012’s immediate goal is to raise at least $1000 from 100 major supporters and organizations to get the campaign started on the right foot. Can you help us to reach this goal? By donating to this effort you will be using your resources to end the disastrous policy of cannabis prohibition, and those resources will be used to put the best initiative on the ballot to accomplish this monumental task. We owe it to our communities, to our friends and families, and to ourselves to put our best foot forward and ensure cannabis prohibition is finally repealed in 2012.

What RCPA does for Californians:

* Repeals harmful and unfair criminal penalties for cannabis for adults 19-years or older.

* Ensures strict controls are in place to avoid distribution to minors and discourage impaired driving.

* Allows for the California Cannabis Commission to develop policies for distribution and taxation.

* Promotes a more genuine and professional medical distribution system, maintaining all rights for qualified patients.

Your donation will go a long way towards ensuring another person is never imprisoned for a safe, enjoyable and helpful plant. Millions of Californians are depending on us. We will begin gathering signatures in January with both paid signature gatherers and a motivated volunteer force. We will have until April 12th to complete the task of gathering at least 800,000 signatures of registered California voters, so it is important that we start strong and continue to build momentum. We need your help.

Please donate $1000 or more now, and become a major supporter of the RCPA 2012 campaign kick off. We look forward to your partnership in this historic effort. Please help us end cannabis prohibition today. Included in this packet you will find the RCPA 2012 fact sheet and biographies of the proponents and co-chairs. We have assembled a team of legal minds, dedicated activists, and cannabis industry professionals to oversee and direct the campaign efforts, and we are happy to answer any questions you may have about the Repeal Cannabis Prohibition Act of 2012. Thanks you so much for your time and your support. Together we will make history and end the failed policies of cannabis prohibition.

Please contact our co-chairs, Debby Goldsberry at 510.812.9538 and Susan Soares at 310.923.3857 for information on donating, gathering signatures, organizing fundraisers, or with any questions you may have about RCPA 2012. We appreciate your time and consideration on this important matter.

Sincerely,

William G. Panzer, Esq. Repeal Cannabis Prohibition Act 2012, Co-proponent

Sensible California,

360 Grand Avenue, #361,

Oakland, CA, 94610

www.RepealCannabisProhibition.org

Why the Repeal Cannabis Prohibition Act 2012 (RCPA 2012)?

When the steering committee assembled to draft RCPA 2012, among them were three attorneys who regularly practice cannabis law in California. The goal was to insure that RCPA 2012 would be interpreted exactly as written and implemented promptly. This proposed statute is crafted to actually accomplish what is intended, which is to create good law. They joined forces with a dedicated physician and legendary cannabis activist to ensure the language embodied the essence of the cannabis reform movement. RCPA 2012 will withstand legal challenges and finally end cannabis prohibition for adults in California.

What does RCPA 2012 do?

RCPA 2012 is precise and simple. It repeals current state criminal laws prohibiting the personal possession, use, transportation, and cultivation of cannabis by adults 19 years of age and older. During the first 180-days following the passage of the Act, the Legislature is authorized to create the California Cannabis Commission. This Commission will develop appropriate regulations for the commercial production and sales of cannabis, including licensing and taxation. Individuals are allowed to possess up to three pounds and grow a 100 sq. ft. canopy without being subject to regulations. It maintains penalties for possession by persons under 19, distribution to persons under 19, and driving while impaired.

How will RCPA 2012 affect medical patients?

RCPA 2012 emphatically protects the rights that medical users of cannabis presently enjoy under both Proposition 215, "the Compassionate Use Act of 1996" and SB420, "the Medical Marijuana Program Act". RCPA 2012 specifically states this in the body of the proposed law, and further by significantly limiting the ability of local communities to ban dispensaries or cultivation.

What about the Federal Government?

While it is true that no state statute can limit the federal government's authority to implement and impose federal law, RCPA 2012 effectively deals with the federal issue. The federal government cannot legally prevent California from repealing its own prohibition laws. Of course the feds could challenge any regulations promulgated by the California Cannabis Commission under a theory called "Obstacle Preemption". Should the feds be successful in this regard, however, they could only strike the proposed regulation of production and sales. They could not challenge the repeal of prohibition itself. In such a case, production and sale of cannabis would be no more regulated then the production and sale of tomatoes under state law. As a result, the feds would be faced with a difficult choice: either let California regulate production and sales, or all enforcement of cannabis prohibition would have to be accomplished by the feds alone. This is precisely the method employed by New York State near the end of alcohol prohibition.

Implementation

A law is only effective if it has been properly translated into "legalese." Any vagueness or ambiguity in a proposed law may lend itself to an interpretation down the line that is very different from what was first intended. Acknowledging that this is often the case with questionably drafted Initiatives, RCPA 2012 was written with an eye towards implementation, and was crafted to assure that it would be interpreted by courts in the manner intended.

RCPA 2012 Biographies

William Panzer co-proponent/co-author

William G. Panzer has been practicing law in the Bay Area for over twenty years, specializing in cannabis defense. He is a co-author of California's Prop 215, the nation's first law legalizing the use of cannabis by patients pursuant to a physician's recommendation. In his practice he has represented patients, growers, and medical cannabis dispensaries throughout California in state and federal court, at both the trial and appellate level. He has lectured at numerous NORML legal seminars, conferences and other events on cannabis law and related issues. He is also on California NORML’s Board of Directors and has been a member of the NORML Legal Committee for over 25 years. A little known fact is that Bill represented the first Prop. 215 martyr who died from lack of medicine during his criminal prosecution.

Joe Rogoway co-proponent/co-author

Joe Rogoway has dedicated his practice to defending those whose lives the government seeks to destroy through criminal prosecution. Joe is admitted to practice in California and Federal courts. After graduating from UC Santa Cruz, Joe received his Juris Doctorate from the University of San Francisco School of Law. Mr. Rogoway is focused on protecting people and ensuring that their rights are fully realized.

His stated goal is never to have to represent another cannabis client. He has vigorously sought to end cannabis prohibition and was co-author with Omar Figueroa of the California Cannabis Initiative 2010, precursor to the present repeal initiative. He is currently in private practice in Santa Rosa California.

Pebbles Trippet co-proponent/co-author

As a migraine patient from the age of five, Pebbles Trippet worked together with Dr Tod Mikuriya on the 1972 California Marijuana Initiative to decriminalize personal use. Pebbles' partnership with Dr. Mikuriya continued between 1990 -2000, since the law changed, when she was prosecuted for transportation of marijuana, even after Dr. Mikuriya testified that he would prescribe marijuana for her condition if allowed by law. Despite being convicted in three counties, with multiple jail terms, Pebbles won three distinct rulings on appeal in pro per: transportation as an "implicit right,” retroactivity for pending cases, and a ruling that set the quantity standard as to "what is reasonably related" to a patient's medical condition. She has continued her activism and pro per litigation as co-founder of the Medical Marijuana Patients Union in 2000, and as co-author of an Amicus Brief in People v Mower, 2002, of a Cert Petition in People v Trippet, 2004, and of an Amicus Brief in US v Oakland Cannabis Buyers Co-op. She is also co-founder of the policy group, Mendocino Medical Marijuana Advisory Board.

Dr. Frank Lucido co-proponent/co-author

Dr. Frank Lucido has been serving the East Bay community since 1979 with his Family and General Practice located in Berkeley. Since the passage of Prop 215, he is one of the few physicians who has remained in general practice while at the same time performing medical cannabis consultations. He was Angel Raich’s doctor at the time of her challenge to the cannabis laws in the US Supreme Court. He graduated from University of Michigan Medical School, and completed his Family Practice training through UC Davis. He is on the steering committee of the San Francisco Bay Area chapter of Physicians for Social Responsibility, and is a committed anti-nuclear activist.

Omar Figueroa co-proponent/co-author

Omar Figueroa’s passion is defending human beings facing criminal charges in federal, state and juvenile courts, specializing in cannabis, medical marijuana, and cyber crime cases. He shared office space for over ten years with other lawyers at Pier 5 Law Offices in San Francisco, a community of independent sole practitioners specializing in aggressive criminal defense, and was trained by renowned criminal defense lawyer and jury trial master J. Tony Serra, He is the co-founder of the Cannabis Law Institute LLC. He is a member of

the California State Bar, California Attorneys for Criminal Justice, Cannabis Action Network, Americans for Safe Access, Stanford Alumni Association, and a lifetime member of theNORML Legal Committee. He is also a graduate of Gerry Spence's Trial Lawyers College, which is considered the most prestigious and selective trial advocacy college in America. Omar is now in private practice in Sebastopol, California.

Debby Goldsberry co-chair

Debby Goldsberry is a 25-year pioneer of the cannabis industry. Ms. Goldsberry co-founded the Berkeley Patients Group collective, which she directed for eleven years, as well as other non- profit organizations, including Americans for Safe Access, Medical Cannabis Safety Council, and Cannabis Action Network. Ms. Goldsberry was awarded NORML’s Paula Sabine Award for Woman in Leadership, and is the HIGH TIMES Freedom Fighter of the Year for 2011 - 2012. Ms. Goldsberry has extensive experience in cannabis campaigning. During the Proposition 215 campaign, she coordinated the Berkeley signature gathering office, collecting 30,000 signatures, registering 1500 local voters, thus helping secure 86.5% “yes” vote. She also managed the statewide “Get Out the Vote” effort for that campaign. She co-directed Berkeley medical

cannabis initiatives Measure R, JJ, and T, and led a successful recount campaign for Measure R. Ms. Goldsberry also participated in passage of local implementation regulations in Oakland, Berkeley, Albany, San Francisco, and in other cities, as well as in Santa Cruz county.

Susan Soares co-chair

Susan Soares has been an entrepreneur for over 20 years having formed many successful businesses. While the businesses are diverse, Susan’s creativity, motivation, networking ability, leadership, and proven ability to open doors and close deals have been the keys to that success. Being an entrepreneur required that Susan be technologically, financially, politically, and psychologically savvy. Susan is also an activist in the medical cannabis movement and has become known as a producer of successful events with a knack for collaborative relations. Susan is serving as co-chair of the Repeal Cannabis Prohibition Campaign of 2012.

Repeal Cannabis Prohibition Act of 2012

This initiative measure is submitted to the People of the State of California in accordance with the provisions of Article II, Section 8 of the Constitution. This initiative measure adds Chapter 6.7, entitled “Repeal of Cannabis Prohibition,” to Division 10 of the Health and Safety Code.

PROPOSED LAW SECTION 1. Sections 11420, 11421, 11422, 11423, 11424, 11425, 11426, and 11427 are added to the Health and Safety Code, to read:

11420(a). This Act shall be known and cited as the Repeal Cannabis Prohibition Act of 2012. (b)(1) The People of the State of California hereby find and declare that the purposes of the Repeal Cannabis Prohibition Act of 2012 are as follows:

*To ensure that adults have the right to obtain and use cannabis.

*To ensure that adults who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.

*To make cannabis available for scientific, medical, industrial, and research purposes. (2) Nothing in this section shall be construed to supersede legislation prohibiting persons from driving

impaired, nor to condone the diversion of cannabis to minors. (c) “Cannabis” means “marijuana” as defined in Section 11018 and “concentrated cannabis” as defined in

Section 11006.5.

11421(a). The following statutes are hereby repealed from the Health and Safety Code: Section 11054(d) (13), Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361. Section 23222(b) of the California Vehicle Code is hereby repealed. Cannabis related activities are hereby removed from the prohibitions contained within Health and Safety Code Sections 11364.7, 11365, 11366, 11366.5, 11379.6 and 11570.

(b). The repeal of Health and Safety Code section 11360, as related to sales only, will be effectuated within 180 days of passage of the Act in order to allow the California Cannabis Commission the opportunity to enact commercial cannabis regulations.

11422. It shall not be a crime or public offense for an adult, 19 years of age or older, to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.

11423(a). A new state commission is hereby created and shall be named the California Cannabis Commission, which shall be empowered to establish and oversee the regulatory system for the commercial cultivation, manufacturing, processing, testing, transportation, distribution, and sales of cannabis.

This shall include promulgation of regulations to control, license, permit, or otherwise authorize the commercial cultivation, manufacturing, processing, testing, transportation, distribution and sales of cannabis. These regulations shall include appropriate controls on the licensed premises for commercial cultivation, sales and on-premises consumption of cannabis including limits on zoning and land use, locations, size, hours of operation,

occupancy, protection of adjoining and nearby properties, and other environmental and public health controls. These regulations may not include bans of the conduct permitted by this Act. The Legislature is hereby empowered to define the organizational structure and membership of the California Cannabis Commission.

(b) Any regulations created by the California Cannabis Commission may not infringe on the individual rights set forth in this Act. Any taxes, regulations, fines and fees imposed pursuant to this section shall not be imposed on personal amounts of cannabis below 3 pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy per adult provided that the processed cannabis was not sold or purchased pursuant to subdivision (a).

11424. This Act, and all state implementations of this Act, shall preempt enactments of local jurisdictions with the exception that local jurisdictions may enhance the rights and protections of persons involved in cannabis related activities beyond what is delineated by the state or this Act.

11425. This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code §11362.5 through §11362.83.

11426(a). Except as authorized by law, every person under the age of 19 who possesses, cultivates, transports, or distributes cannabis shall be guilty of a misdemeanor or an infraction. (b) Except as authorized by law, every person 19 years of age or older who furnishes cannabis to a person

under the age of 19 shall be guilty of a misdemeanor or infraction. (c) Cannabis related conduct that contributes to the delinquency of a minor shall continue to be punished

by Penal Code section 272. Driving while impaired by cannabis shall be punished by Vehicle Code Sections 23103, 23152(a), and 23153. Impairment occurs when a person's mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

11427. If any word, sentence, clause, or provision of this Act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

RCPA 2012 Endorsement and Publicity Release

2011-12-22T23:36:00.000-08:00

Full text of Repeal Cannabis Prohibition Act of 2012 at:

http://ag.ca.gov/cms_attachments/initiatives/pdfs/i989_11-0046_(repeal_cannabis).pdf

Publicity Release

I, [PLEASE PRINT] hereby declare my support of the Repeal Cannabis Prohibition Act of 2012, which would add Sections 11420 et seq. to the California Health and Safety Code.

I give RCPA (Repeal Cannabis Prohibition Act of 2012) permission to use my name, likeness, and my statement (below) for any purpose consistent with its mission, which is to get the Repeal Cannabis Prohibition Act of 2012 on the California ballot and approved by the voters. These uses include, but are not limited to media releases, publications, advertisements, and any promotional or educational materials in any medium now known (including the Internet) or later developed. I acknowledge that I will not receive any compensation for the use of my name, likeness, or statement, and hereby release RCPA (Repeal Cannabis Prohibition Act of 2012) and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.

I have read and understood this consent and release.

I give my consent to RCPA (Repeal Cannabis Prohibition Act of 2012) to use my name, likeness, and statement (below) to promote the Repeal Cannabis Prohibition Act of 2012.

___________________________________________ Dated: _____________.

signature

CONTACT:

Email(s):

Phone:

Mailing address:

Your statement regarding the Repeal Cannabis Prohibition Act of 2012:

Signed:

Repeal Cannabis Prohibition Act panel, Berkeley, Dec. 3, 1:30-3:30pm; Petition Drive to begin soon; Volunteer Now!

2011-12-02T01:11:00.000-08:00

Repeal Cannabis Prohibition Act panel, Berkeley, Dec. 3, 1:30-3:30pm; Petition Drive to begin soon; Volunteer Now!

Join us December 3, 1:30-3:30pm at the Berkeley Public Library

RCPA 2012 panel, Berkeley
Repeal Cannabis Prohibition Act of 2012
Seminar and discussion, and lots of time for Q and A.
Dr Frank Lucido, and Joe Rogoway Esq, will discuss the RCPA 2012 and what is will mean for patients, and for all Californians.
Berkeley Public Library:
2090 Kittredge St.. Berkeley, Ca
Community Meeting Room, 3rd floor
(enter on Kittredge St, then take elevator to 3rd floor Community Meeting Room)
RSVP to info@DrLucido.com
NO ADMISSION CHARGE
(this event is not sponsored by the Berkeley Public Library, but they have been gracious enough to allow the use of the space)

Short and simple. 2 pages. 832 words. Read it and smile.

The RCPA 2012
-REPEALS all criminal prohibitions on cannabis related conduct for adults, 19 and over.
-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
-MAINTAINS medical rights for patients.
-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.

TIMELINE:
We are about to start our petition drive in about 2 weeks. PRESS RELEASE SOON.
We have 5 months, until 4/20/12, to collect 505,000 valid signatures from registered voters.
We will need volunteers for the signature drive....and money.
Volunteer, Donate to RCPA 2012: www.SensibleCalifornia2012.org
Now is the time to Repeal Cannabis Prohibition.

Full text at:
http://ag.ca.gov/cms_attachments/initiatives/pdfs/i989_11-0046_(repeal_cannabis).pdf

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012 on my blog at:
http://drfranklucido.blogspot.com/2011/11/drfranks-analysis-of-repeal-cannabis.html

Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
Berkeley Ca.
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

DrFrank: Michigan (Nov 23, 28, 29); RCPA 2012 panel, Berkeley (Dec. 3, 1:30-3:30pm)

2011-11-22T20:48:00.000-08:00

DrFrank: Michigan (Nov 23, 28, 29); RCPA 2012 panel, Berkeley (Dec. 3, 1:30-3:30pm)

Repeal Cannabis Prohibition Act of 2012: RCPA 2012
We are about to start our petition drive.
We have 5 months, until 4/20/12, to collect 505,000 valid signatures from registered voters.
Volunteer, Donate to RCPA 2012 now at www.SensibleCalifornia2012.org

Join us Dec. 3, 1:30-3:30pm
Repeal Cannabis Prohibition Act of 2012
The future of Cannabis as Medicine and how repeal will help patients.
Dr Frank Lucido, (and panel of experts to be announced)
Berkeley Public Library
More info below.

Nov 23 in East Lansing, Michigan area
Nov 28, 29: Possible Ann Arbor/Detroit availability
Dr Frank Lucido in Michigan, and able to consult with cannabis patients
Michigan office: 877-787-6900
(24 hr voice mail/page to my cell phone)

REPEAL ! : An idea whose time has come!

I am heartened by the grass-roots support that is out there for our initiative!
We had over 75 people attend the RCPA Kick-off event at my home on October 1. Great party, and a good 1st fundraiser.
And we have our work cut out for us: This will not be an easy struggle, but if we get on the California ballot, I think we have a great shot at winning. Let's make this happen.

TIMELINE:
We are about to start our petition drive. PRESS RELEASE SOON.
We have 5 months, until 4/20/12, to collect 505,000 valid signatures from registered voters.
We will need volunteers for the signature drive....and money.
Volunteer, Donate to RCPA 2012: www.SensibleCalifornia2012.org
Now is the time to Repeal Cannabis Prohibition.

Full text at:
http://ag.ca.gov/cms_attachments/initiatives/pdfs/i989_11-0046_(repeal_cannabis).pdf

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012 on my blog at:
http://drfranklucido.blogspot.com/2011/11/drfranks-analysis-of-repeal-cannabis.html

Short and simple. 2 pages. 832 words. Read it and smile.
In short:
The RCPA 2012:
-REPEALS all criminal prohibitions on cannabis related conduct for adults, 19 and over.
-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
-MAINTAINS medical rights for patients.
-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.

-Dec. 3, 1:30-3:30pm
Repeal Cannabis Prohibition Act of 2012
The future of Cannabis as Medicine and how repeal will help patients.
Dr Frank Lucido, (and panel to be announced)
Berkeley Public Library
2090 Kittredge St.. Berkeley, Ca
Community Meeting Room, 3rd floor
(enter on Kittredge St, then take elevator to 3rd floor Community Meeting Room)
RSVP to info@DrLucido.com or call office 510-848-0958
No admission charge
(this event is not sponsored by the Berkeley Public Library, but they have been gracious enough to allow the use of the space)

-Dec 8-12 MAPS 25th Anniversary Conference
(Multidisciplinary Association for Psychedelic Studies)
MAPS is commemorating 25 years of boundary-breaking research and education with a one-of-a-kind conference December 8-12th at the Oakland Marriot in Oakland, California.
Cartographie Psychedelica: Celebrating 25 Years of Research & Education
http://www.maps.org/conference/25/
******Among the exciting events that are part of this conference is one put on by my dear friends and colleagues from the Women's Visionary Council: Annie Oak, Maria Mangini PhD, and Carolyn Garcia
DEFENDING PSYCHEDELIC CULTURE
MONDAY, DECEMBER 12, 9:00 AM-5:00 PM
More info and bios http://www.maps.org/conference/25/post-conference_workshop_the_womens_visionary_congress/
(Some of you attended the Women's Visionary Congress alongside me in Petaluma earlier this year, and have an idea of what a great workshop this is sure to be.)

-Dec 23
Save the Date -- Festivus - the holiday for the rest of us! Dec. 23, 2011
Check in with www.green-aid.com for details
This party/fundraiser for Green-Aid is always a blast and I plan to be there.
You should too.

Earlier this month, on Nov 8, I was on a panel, along with Dale Gieringer PhD, and Arif Kahn MD
on Health Radio, interviewed by Melanie Cole MS:
Medical Marijuana: The Science and the Medicine New!Featured Popular
Show: Is It Medicine? The Medical Marijuana Debate
http://www.healthradio.net/component/mtree/Health-Radio-Shows/Is-It-Medicine-3F-The-Medical-Marijuana-Debate/Medical-Marijuana-3A--The-Science-and-the-Medicine-45664/details
Melanie has a great interviewing style, and allowed the 3 of us adequate time to discuss a number of important issues.
Full 52 minute panel available online

Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

Dec. 3, 1:30-3:30pm Repeal Cannabis Prohibition Act of 2012 panel and Q & A

2011-11-20T15:51:00.000-08:00

Dec. 3, 1:30-3:30pm

Repeal Cannabis Prohibition Act of 2012 panel and Q & A
The future of Cannabis as Medicine and how repeal will help patients.

Dr Frank Lucido, (and panel of experts to be announced)
Berkeley Public Library
2090 Kittredge St.. Berkeley, Ca
Community Meeting Room, 3rd floor
(enter on Kittredge St, then take elevator to 3rd floor Community Meeting Room)
RSVP to info@DrLucido.com or call office 510-848-0958

No admission charge
(this event is not sponsored by the Berkeley Public Library, but they have been gracious enough to allow the use of the space)

Nov 21-23 Dr Frank Lucido in Michigan (?Nov. 28,29?)

2011-11-20T15:45:00.000-08:00

---Nov 21-23 Dr Frank Lucido in Michigan, and able to consult with cannabis patients

I'll be seeing patients in Lansing, Michigan area on the following dates:
Office hours noon-3pm to begin with. I could go earlier or later if needed on some of those days.
If you have friends or relatives who would like to see me, please have them call my Berkeley office to schedule.
510.848.0958 Berkeley

It the above times don't work for you,
I may be around through the Thanksgiving weekend and fly out of Detroit Metro Tuesday early evening Nov 29.
Michigan office: 877-787-6900
(24 hr voice mail/page)

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012

2011-11-16T21:26:00.000-08:00

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012:
Federal preemption-proof

In case you haven't read it yet, I post the entire initiative below, with my comment on each section.

Our website is now up and running!
http://sensiblecalifornia2012.org
You can sign up now to receive all communications from the campaign, as well as to donate and volunteer if you are able to.

Short and simple. 2 pages. 832 words.
In short:
The RCPA 2012:
-REPEALS all criminal prohibitions on cannabis related conduct for adults, 19 and over.
-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
-MAINTAINS medical rights for patients.
-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.

Let's look at the initiative.
My comments below each section:

Repeal Cannabis Prohibition Act of 2012

This initiative measure is submitted to the People of the State of California in accordance with the provisions of Article II, Section 8 of the Constitution.

This initiative measure adds Chapter 6.7, entitled „Repeal of Cannabis Prohibition,‰ to Division 10 of the Health and Safety Code.

PROPOSED LAW

SECTION 1. Sections 11420, 11421, 11422, 11423, 11424, 11425, 11426, and 11427 are added to the Health and Safety Code, to read:

11420(a). This Act shall be known and cited as the Repeal Cannabis Prohibition Act of 2012.

(b)(1) The People of the State of California hereby find and declare that the purposes of the Repeal Cannabis Prohibition Act of 2012 are as follows:

(A) To ensure that adults have the right to obtain and use cannabis.

(B) To ensure that adults who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.

(C) To make cannabis available for scientific, medical, industrial, and research purposes.

(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from driving impaired, nor to condone the diversion of cannabis to minors.

(c) „Cannabis‰ means „marijuana‰ as defined in Section 11018 and „concentrated cannabis‰ as defined in Section 11006.5.

so that's the preamble/purpose.

Now here's the meat, with my commentary below each section.
Please read it and give me your feedback.
Thanks!
Frank Lucido MD

11421(a). The following statutes are hereby repealed from the Health and Safety Code: Section 11054(d)(13), Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361. Section 23222(b) of the California Vehicle Code is hereby repealed. Cannabis related activities are hereby removed from the prohibitions contained within Health and Safety Code Sections 11364.7, 11365, 11366, 11366.5, 11379.6 and 11570.

-REPEALS all criminal prohibitions and punishments on cannabis related conduct for adults
All criminal statutes regarding cannabis/marijuana are repealed by this initiative.

(b). The repeal of Health and Safety Code section 11360, as related to sales only, will be effectuated within 180 days of passage of the Act in order to allow the California Cannabis Commission the opportunity to enact commercial cannabis regulations.

Sales prohibition repeal is delayed 6 months, to give the newly created California Cannabis Commission time to enact commercial cannabis regulations.

The feds are in a bind, and have 2 choices:

1. The feds allow this to happen,
and cannabis sales between adults ARE LEGAL and REGULATED.

2. The feds preempt the CCC from doing this,
and cannabis sales between adults ARE LEGAL and UNTAXED

Check-Mate!

11422. It shall not be a crime or public offense for an adult, 19 years of age or older, to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.

Age 19 keeps it out of High School, and still sends the message that it's safer than alcohol.

11423(a). A new state commission is hereby created and shall be named the California Cannabis Commission which shall be empowered to establish and oversee the regulatory system for the commercial cultivation, manufacturing, processing, testing, transportation, distribution, and sales of cannabis. This shall include promulgation of regulations to control, license, permit, or otherwise authorize the commercial cultivation, manufacturing, processing, testing, transportation, distribution and sales of cannabis. These regulations shall include appropriate controls on the licensed premises for commercial cultivation, sales and on-premises consumption of cannabis including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties, and other environmental and public health controls. These regulations may not include bans of the conduct permitted by this Act. The Legislature is hereby empowered to define the organizational structure and membership of the California Cannabis Commission.

(b) Any regulations created by the California Cannabis Commission may not infringe on the individual rights set forth in this Act. Any taxes, regulations, fines and fees imposed pursuant to this section shall not be imposed on personal amounts of cannabis below 3 pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy per adult provided that the processed cannabis was not sold or purchased pursuant to subdivision (a).

(c) The California Cannabis Commission may regulate the smoking of cannabis in public.

-VESTS the newly created California Cannabis Commission with the regulation of commercial cannabis.
Any personal amounts under 3 pounds and 100 sq. ft. of plant canopy per adult (19 and over) is not subject to regulation, or taxation.

Sounds like a lot?
An adult in California and most states, can home-brew up to 100 gallons of beer a year (maximum 200 gallons per household).
They are not limited to a 6-pack or a case of beer.
see: California Alcoholic Beverage Control department:
http://www.abc.ca.gov/forms/abc616nr.pdf
"An exception under State and Federal law allows a person to produce up to 100 gallons of beer a year for his/her own consumption (maximum of 200 gallons per household). See also Small Beer Manufacturer (Type 23) for brewpubs and micro-breweries."

11424. This Act, and all state implementations of this Act, shall preempt enactments of local jurisdictions with the exception that local jurisdictions may enhance the rights and protections of persons involved in cannabis related activities beyond what is delineated by the state or this Act.

Local jurisdictions may not limit, but may enhance our rights under this Act.

11425. This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code §11362.5 through §11362.83.

-MAINTAINS medical rights for patients under Prop 215 (California Compassionate Use Act) and SB420 (Medical Marijuana Program Act)

11426(a). Except as authorized by law, every person under the age of 19 who possesses, cultivates, transports, or distributes cannabis shall be guilty of a misdemeanor or an infraction.

(b) Except as authorized by law, every person 19 years of age or older who furnishes cannabis to a person under the age of 19 shall be guilty of a misdemeanor or infraction.

-MANDATES strict rules against unlawful distribution to or by minors, under 19 years of age.

(c) Cannabis related conduct that contributes to the delinquency of a minor shall continue to be punished by Penal Code section 272. Driving while impaired by cannabis shall be punished by Vehicle Code Sections 23103, 23152(a), and 23153. Impairment occurs when a person's mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

-MANDATES strict rules against unlawful distribution to or by minors, and against driving while impaired.
The sentence defining impairment is from the jury instructions given in California DUI cases.

11427. If any word, sentence, clause, or provision of this Act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

The RCPA is silent on the work place. Employers already have the ability to discipline workers who are impaired, whether that impairment is due to legal or illegal drugs, alcohol, lack of sleep, etc. They just won't be able use a drug test that is meaningless in determining impairment.

Repeal Cannabis Prohibition Act of 2012 -Endorsement and Publicity Release

2011-11-11T17:38:00.000-08:00

Publicity Release

I, __________________________________________________ [PLEASE PRINT]

hereby declare my support of the Repeal Cannabis Prohibition Act of 2012, which would add Sections 11420 et seq. to the California Health and Safety Code.

I give Sensible California permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any publicly available pictures, photos, video recordings, audiotapes, digital images, and the like. I agree that Sensible California has permission to use my name, likeness, image, voice, and/or appearance, and may use them for any purpose consistent with the Sensible California’s mission, which is to get the Repeal Cannabis Prohibition Act of 2012 on the California ballot and approved by the voters. These uses include, but are not limited to media releases, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation for the use of my name, likeness, etc., and hereby release Sensible California and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.

I have read and understood this consent and release.

I give my consent to Sensible California to use my name and likeness to promote the Repeal Cannabis Prohibition Act of 2012.

signature ________________________________________________Dated: _______, 2011

CONTACT:

Email(s):________________________________________________________

Phone___________________________________________

Mailing address________________________________

Your quote regarding the Repeal Cannabis Prohibition Act of 2012:

__________________________________________________

___________________________________________________

__________________________________________________

_____________________________________________________

PO Box 282, Santa Rosa, CA 95402

(707) 520-4205

Facebook: “Repeal Cannabis Prohibition”

http://sensiblecalifornia2012.orgcur

current text at: http://drfranklucido.blogspot.com/2011/10/repeal-cannabis-prohibition-act-of-2012_16.html

Federal Over-reach & The Small Axe of Repeal: By Joe Rogoway Esq.,

2011-10-18T00:47:00.000-07:00

---------------------------------------------------------------------------
Below is a statement from Joe Rogoway about the Repeal Cannabis Prohibition
Act of 2012 in response to the recent federal actions. Please feel free to
re-post.

*
*

Federal Over-reach & The Small Axe of Repeal: By Joe Rogoway Esq.,

Co-Proponent of the Repeal Cannabis Prohibition Act of 2012

* *

We can return to the shadows and cages of prohibition while lamenting how
sweet it once was to taste liberty. Acquiescence may at first seem to be
the reasonable path towards self-preservation. But in the end, submitting
to injustice is always worse because the ultimate result is inequity and
freedom becomes illusory.

Over the past 15 years, we Californians have transformed what was once an
illicit and dangerous black market into a thriving multi-billion dollar a
year industry. We have successfully created jobs and tax revenues while
responsibly providing safe access to those who are medically qualified. From
the example we set, 16 other states and the District of Columbia have
followed our lead in enacting their own medical cannabis laws. We have
accomplished this together and through the free market.

The federal government now seeks to punish California because of these
successes. The rationale behind this new intrusion is an obvious hypocrisy;
that the federal government is cracking down on people it feels operate
beyond the parameters of a state law that the federal government does not
recognize as legitimate. Unfortunately, whatever the rationale, federal law
will continue to preempt state law to the extent that state law legalizes
conduct that is in conflict with federal law. This is true regardless of
the baseless and preposterous claims made by some that a statewide
initiative can somehow opt out of Constitutional preemption.

Federal law does not, however, prevent a state from repealing the state‚s
own laws. This was recently affirmed in *Pack v. Superior
Court[1] (Oct. 4, 2011), No. B228781, where the California Court of Appeals
unanimously ruled:

"There is a distinction, in law, between not making an activity unlawful and
making the activity lawful. An activity may be prohibited, neither
prohibited nor authorized, or authorized." *Pack* citing the Supreme Court
of California in Viva! Internat. Voice for Animals v. Adidas Promotional
Retail Operations, Inc., supra,* 41 Cal.4th at p. 952.)

The Repeal Cannabis Prohibition Act of 2012 makes cannabis related conduct
"neither prohibited nor authorized". The RCPA also does not establish the
sort legal framework that would be required for the affirmative regulation
of cannabis. Instead, the RCPA creates a new state agency, the California
Cannabis Commission, which itself is vested with the authority to promulgate
commercial cannabis regulations.

Under the *Pack* analysis, because the RCPA is not actually "authorizing"
conduct that is in conflict with the Controlled Substances Act, the RCPA
largely avoids the specter of being preempted through court challenge.

Sensible California believes that the Repeal Cannabis Prohibition Act of
2012 is the most effective weapon available in resisting the current
blitzkrieg. Court challenges and continued lobbying will drain our
resources with limited results. Other initiative efforts are poorly written
and legally untenable.

Through successfully repealing California‚s criminal prohibitions on
cannabis, we will win the war. State and local governments are responsible
for the vast majority of cannabis prosecutions. By forcing the federal
government to unilaterally enforce cannabis prohibition, we are drawing them
into a costly and frustrating quagmire that they cannot win.

This is precisely how alcohol prohibition began to crumble. Local
cooperation ceased and federal agents were stuck enforcing unpopular laws,
over multitudes of people, across vast stretches of territory. As was true
then, the federal government simply does not have the resources to wage a
domestic war of that magnitude. This is particularly true because all adult
cannabis related activities will no longer be prohibited which will supply
the medical cannabis community cover from the scythe of federal enforcement.

Perhaps this provocation is the sort of folly that is subject to the law of
unintended consequences. Through stoking the coals of the complacent and
divided, the United States Attorneys Office may have ignited the passions of
activism and the togetherness of a unified community. If the patients,
lawyers, doctors, medical providers, cannabusinesses, political
organizations, and other allies work as one to repeal cannabis prohibition,
we will succeed; and that success will itself be a mortal wound to the beast
of prohibition. Please join Sensible California and together we will create
a new paradigm in cannabis policy.

Sensible California

P.O. Box 282

Santa Rosa, California 95402

Repeal Cannabis Prohibition Act of 2012 - 9/30/11

2011-10-16T00:07:00.000-07:00

Repeal Cannabis Prohibition Act of 2012 - 9/30/11

Repeal Cannabis Prohibition Act of 2012

This initiative measure is submitted to the People of the State of California in accordance with the provisions of Article II, Section 8 of the Constitution.

This initiative measure adds Chapter 6.7, entitled “Repeal of Cannabis Prohibition,” to Division 10 of the Health and Safety Code.

PROPOSED LAW

SECTION 1. Sections 11420, 11421, 11422, 11423, 11424, 11425, 11426, and 11427 are added to the Health and Safety Code, to read:  

11420(a). This Act shall be known and cited as the Repeal Cannabis Prohibition Act of 2012.

(b)(1) The People of the State of California hereby find and declare that the purposes of the Repeal Cannabis Prohibition Act of 2012 are as follows:  

(A) To ensure that adults have the right to obtain and use cannabis.  

(B) To ensure that adults who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.

(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from driving impaired, nor to condone the diversion of cannabis to minors.

11421(a). The following statutes are hereby repealed from the Health and Safety Code: Section 11054(d)(13), Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361. Section 23222(b) of the California Vehicle Code is hereby repealed. Cannabis related activities are hereby removed from the prohibitions contained within Health and Safety Code Sections 11364.7, 11365, 11366, 11366.5, 11379.6 and 11570.

11423(a). A new state commission is hereby created and shall be named the California Cannabis Commission which shall be empowered to establish and oversee the regulatory system for the commercial cultivation, manufacturing, processing, testing, transportation, distribution, and sales of cannabis. This shall include promulgation of regulations to control, license, permit, or otherwise authorize the commercial cultivation, manufacturing, processing, testing, transportation, distribution and sales of cannabis. These regulations shall include appropriate controls on the licensed premises for commercial cultivation, sales and on-premises consumption of cannabis including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties, and other environmental and public health controls. These regulations may not include bans of the conduct permitted by this Act. The Legislature is hereby empowered to define the organizational structure and membership of the California Cannabis Commission.

11425. This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code §11362.5 through §11362.83.

11426(a). Except as authorized by law, every person under the age of 19 who possesses, cultivates, transports, or distributes cannabis shall be guilty of a misdemeanor or an infraction.

(b) Except as authorized by law, every person 19 years of age or older who furnishes cannabis to a person under the age of 19 shall be guilty of a misdemeanor or infraction.

(c) Cannabis related conduct that contributes to the delinquency of a minor shall continue to be punished by Penal Code section 272. Driving while impaired by cannabis shall be punished by Vehicle Code Sections 23103, 23152(a), and 23153. Impairment occurs when a person's mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

Last Call: BENEFIT/Organizing Conference for REPEAL CANNABIS PROHIBITION ACT of 2012, Saturday, October 1, 7pm-MN Oakland, Ca.

2011-09-27T00:26:00.000-07:00

Last Call: BENEFIT party/Organizing Conference Oct 1 for REPEAL CANNABIS PROHIBITION ACT of 2012

Oakland California.

(And for you Michigan folks: I will be there for Thanksgiving week, and available to discuss what we are doing. Email or call if you want to set something up for the week of November 18-28, except Thanksgiving day and both Saturday MICHIGAN Football days, of course...Go Blue!! )

Everyone:

I hope you're coming to our BENEFIT party/Organizing Conference this Saturday!

Oakland, Ca. address given on RSVP.

And because this party is this SOON, I have added my personal cell phone and email to RSVP:

RSVP for address:

BEST by email: info@DrLucido.com

If you have already RSVP'd,

and have my address, no need to do so again. just come to my house at 7pm October 1 to be a part of history:

BENEFIT party and Organizing Conference

for REPEAL CANNABIS PROHIBITION ACT of 2012

Saturday, October 1, 7pm-MN
Oakland Location given on RSVP.

HOW TO ASSURE A SPACE AT THIS BENEFIT PARTY:
Please send checks NOW payable to: "Sensible California" to:
Sensible California
PO Box 282
Santa Rosa, CA 95402

Suggested donation is $25.00-$1,000.00,

but LACK OF FUNDS WILL NOT BE A BARRIER to attendance for true activists who have the time and devotion to seriously volunteer for this historic campaign.

You know who you are.

We will have another larger "Grand Kick-off" event for the signature drive in 1 or 2 months.

BENEFIT party Oct 1 for REPEAL CANNABIS PROHIBITION ACT; Pioneers: Michelle Aldrich, Jim Squatter

2011-08-29T12:53:00.000-07:00

BENEFIT party Oct 1 for REPEAL CANNABIS PROHIBITION ACT of 2012; Pioneers: Michelle Aldrich, Jim Squatter
http://drfranklucido.blogspot.com/2011/08/benefit-party-oct-1-for-repeal-cannabis.html

In this issue:
1. Saturday October 1, 2011 7pm-Midnite
Benefit party for:
REPEAL CANNABIS PROHIBITION ACT of 2012 (RCPA 2012)

2. PIONEERS of MEDICAL CANNABIS
Two of the earliest supporters of RCPA of 2012, whose support means the world to us:
-Michelle Aldrich
-Jim Squatter
More on them below.

1. Saturday October 1, 2011 7pm-Midnite
Benefit party for:
REPEAL CANNABIS PROHIBITION ACT of 2012 (RCPA 2012)
SF East Bay Location given on RSVP.

I have no doubt that once it gets on the ballot, RCPA 2012 WILL WIN voter approval in 2012.
But we need YOUR help in getting it there.
You will be a part of history!

The RCPA 2012:
-REPEALS all criminal prohibitions on cannabis related conduct for adults
-MANDATES strict rules against contributing to the delinquency of minors and driving while impaired.
-MAINTAINS medical rights for patients
-VESTS the California Department of Public Health with the regulation of commercial cannabis (above 3 pounds and 100 square feet canopy)

HOW TO ASSURE A SPACE AT THIS BENEFIT PARTY:
a. BEST option (because WE know that YOU want this to succeed, don't you?!!)
Please send checks NOW payable to: Sensible California:
Sensible California
PO Box 282
Santa Rosa, CA 95402

The next options allow you to RSVP, but your entry to the party will be guaranteed on donating in advance, and space is limited.
b. RSVP on Facebook "event" page at:
http://www.facebook.com/event.php?eid=161434150603948

c. You can also make pledges and RSVP
by email: info@DrLucido.com
or by phone: (707) 520-4205

We will have a campaign website up and running soon, but WE NEED FUNDS NOW.
Be one of the first 150 donors of $25 or more to be assured entry to the benefit party October 1.
Our sliding scale for the Oct 1 benefit get-together is $25-$1,000
(and upwards for those who have the means). The sliding scale can be lower
for true activists who have the time to seriously volunteer for this historic campaign.

We will be looking for people who can donate time, skills, or money to this historic race over the next 15 months.
The first part will be the hardest, and most telling: the signature drive.
We estimate we will need $1.25 million dollars for the signature gathering stage and lots of grass roots volunteers,
In order to show the bigger money donors that we Californians are ready to Repeal Cannabis Prohibition!

The FULL TEXT of the initiative, and the press release from last week can be found on my previous blog

2. PIONEERS of MEDICAL CANNABIS
Two of the earliest supporters of RCPA of 2012, whose support means the world to us:
-Michelle Aldrich
-Jim Squatter

MICHELLE ALDRICH
Michelle and her husband Mike Aldrich have been cannabis pioneers since way before Prop 215 in 1996.
but I will focus on Michelle today, because she gave us some of the earliest feedback (both kudos and suggestions) on RCPA of 2012 about two weeks ago:
"I do like it. Yes, it is simple, just the way it should be. I have one question about ..."
Her support and feedback made me feel especially good because of the esteem in which I hold her.
Michelle and Mike were instrumental in getting the first EVER marijuana initiative on the California State ballot, (or on ANY ballot!!) in 1972. That initiative was coincidentally also called "Prop 19".
She is Currently
• Member at San Francisco Medical Cannabis Task Force
• Member Board of Advisors at Patients Out of Time
• Treasurer at California NORML and has been with CaNORML since 1978
• Past-President, Co-Founder at AIDS Prevention Action Network
• She was Vice President at Amorphia in the 1970's, which made Acapulco Gold rolling papers. (Apparently, the assets of that company became the funding for the 1972 election initiative, and the organizational structure contributed to founding NORML).
AND she and Mike have been my friends for these 15 years since the passage of Prop 215 in 1996.

JIM SQUATTER
Jim made our day when he emailed back:
" I think it's just about perfect. In fact one of the best efforts I've ever seen in written form for potential legislation".
It turns out that ALL FIVE of the co-proponents of the RCPA of 2012 know Jim!
Now that I think about it, Pebbles and I are activists first, so of course we would know Jim. The other 3, Joe Rogoway, Bill Panzer, and Omar Figueroa are all attorneys. Real actionists (Activists with the emphasis on "actions") tend to know lawyers and other activists.
I have known Jim since 1991, when I first went out to the Nevada Test Site (NTS), for the civil disobedience at the gates of the NTS. He knows first-hand about living collectively, being part of Seeds of Peace when I met him, and knows Prop 215, SB420, and not-for-profit collectives backwards and forwards.
He also knows about performing civil disobedience when necessary.
My experiences at the Test Site, with the likes of Jim, and other activists, like Dan Ellsberg, led me to activism/actionism, and the experiences I wrote about on my blog 1/17/11;
Civil disobedience vs civil obedience: when is each appropriate
Crossing the line, and knowing where the line is.
http://drfranklucido.blogspot.com/2011/01/civil-disobedience-vs-civil-obedience.html
Jim has been my friend since 1991, and legend has it that he taught Michelle Shocked how to squat.

Thanks!
Dr Frank Lucido, Berkeley, California
Co-proponent, Repeal Cannabis Prohibition Act 2012
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
Berkeley Ca
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

ps: New Primary Care Patient introductory rate now extended until October, 2011
http://drfranklucido.blogspot.com/2011/03/new-primary-care-patient-special-as-of.html
We are not on any insurances; a deal-breaker for some,
but the uninsured think we're a good deal.
NOTE: our Primary Care patients also get a steep reduction in their Medical Cannabis Evaluation fee.
Your Family Doctor in Berkeley since 1979!

DrFrank will also meet with any physicians who would like to be part of AIMLegal.org and take my certification training.
http://aimlegal.blogspot.com/
http://aimlegal.org/
http://www.drfranklucido.com/pages/aimlegal.org-expert-witness-locator.php

REPEAL CANNABIS PROHIBITION Act of 2012 Initiative filed 8/19/11 in Sacramento

2011-08-21T22:45:00.000-07:00

REPEAL CANNABIS PROHIBITION Act of 2012 Initiative filed 8/19/11 in Sacramento

Press release, text, and what you can do to help!

In this issue:
1. REPEAL CANNABIS PROHIBITION Act of 2012, (RCPA of 2012) Initiative filed Friday 8/19/11 in Sacramento
Press release and full text below. The entire initiative is only 753 words!

2. Save the Date for our first benefit for the RCPA of 2012:
Saturday October 1, 2011, 7pm- Midnite
East Bay Location "to be announced"
We will be looking for people who can donate time, skills, or money to this historic race over the next 15 months.

FOR IMMEDIATE RELEASE

Committee Contact: Joe Rogoway Esq.
Co-Proponent, Repeal Cannabis Prohibition Act of 2012
The Committee to Repeal Cannabis Prohibition
PO Box 282
Santa Rosa, CA 95402
(707) 520-4205
joerogoway@cannabislawinstitute.com
http://www.facebook.com/pages/Repeal-Cannabis-Prohibition/256264247726059

Re: “Repeal Cannabis Prohibition Act of 2012” filed in Sacramento, California

SACRAMENTO CA, August 19, 2011—In a historic moment of cannabis policy reform, the Repeal Cannabis Prohibition Act of 2012 is now filed with the California Attorney General for title and summary. We are working to place this measure on the November 2012 ballot.

The RCPA 2012 repeals all criminal prohibitions on cannabis related conduct for adults while mandating strict rules against contributing to the delinquency of minors and driving while impaired. This is all accomplished while maintaining medical rights for patients and vesting the California Department of Public Health with the regulation of commercial cannabis.

The most recent polling shows that 55% of Americans support marijuana legalization (http://www.angus-reid.com/wp-content/uploads/2011/08/2011.08.09_Drugs_USA.pdf) . In this era of fiscal pragmatism and social responsibility, the Repeal Cannabis Prohibition Act of 2012 will once again make this Golden State green.

Co-proponents Joe Rogoway Esq., Frank H. Lucido M.D., PebblesTrippet, William Panzer Esq., and Omar Figueroa Esq. comprise The Committee to Repeal Cannabis Prohibition and can be contacted at (707) 520-4205.

Additional Information can be found at:

http://www.facebook.com/pages/Repeal-Cannabis-Prohibition/256264247726059

http://www.economist.com/node/18118857?story_id=18118857

http://www.angus-reid.com/wp-content/uploads/2011/08/2011.08.09_Drugs_USA.pdf

###

Full text:

Repeal Cannabis Prohibition Act of 2012

This initiative measure is submitted to the People of the State of California in accordance with the provisions of Article II, Section 8 of the Constitution.

This initiative measure adds Chapter 6.7, entitled “Repeal of Cannabis Prohibition,” to Division 10 of the Health and Safety Code.

PROPOSED LAW

SECTION 1. Sections 11420, 11421, 11422, 11423, 11424, 11425, 11426, 11427, and 11428 are added to the Health and Safety Code, to read:

11420(a). This Act shall be known and may be cited as the Repeal Cannabis Prohibition Act of 2012.

(b)(1) The People of the State of California hereby find and declare that the purposes of the Repeal Cannabis Prohibition Act of 2012 are as follows:

(A) To ensure that adults have the right to obtain and use cannabis.

(B) To ensure that adults who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.

(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from driving impaired, nor to condone the diversion of cannabis to minors.

(c) “Cannabis” means “marijuana” as defined in Health and Safety Code Section 11018 and “concentrated cannabis” as defined in Section 11006.5.

11421(a). The following statutes are hereby repealed from the Health and Safety Code: Section 11054(d)(13), Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361. Section 23222(b) of the California Vehicle Code is hereby repealed. Cannabis related activities are hereby removed from the prohibitions contained within Health and Safety Code Sections 11364.7, 11365, 11366, 11366.5, 11379.6 and 11570.

(b). The repeal of Health and Safety Code section 11360, as related to sales only, will be effectuated within 180 days of passage of the Act in order to allow the California Department of Public Health the opportunity to enact commercial cannabis regulations.

11422. It shall not be a crime or public offense for an adult to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.

11423(a). The California Department of Public Health shall oversee the regulatory system for the commercial cultivation, manufacturing, processing, testing, transportation, distribution, and sales of cannabis. This shall include promulgation of regulations to control, license, permit, or otherwise authorize the commercial cultivation, manufacturing, processing, testing, transportation, distribution and sales of cannabis. These regulations shall include appropriate controls on the licensed premises for commercial cultivation, sales and on-premises consumption of cannabis including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties, and other environmental and public health controls. These regulations may not include bans of the conduct permitted by this Act.

(b) Any regulations created by the California Department of Public Health may not impede on the individual rights set forth in this Act. Any taxes, regulations, fines and fees imposed pursuant to this section shall not be imposed on personal amounts of cannabis below 3 pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy provided that the processed cannabis was not sold or purchased pursuant to subdivision (a).

(c) The California Department of Public Health may regulate the smoking of cannabis in public and where minors are present.

11425. This Act shall not adversely affect the individual and group medical rights and protections afforded by California Health and Safety Code §11362.5 through §11362.83.

11426. Cannabis related conduct that contributes to the delinquency of a minor shall remain punishable by Penal Code section 272. Driving while impaired by cannabis shall remain punishable by Vehicle Code Sections 23103, 23152(a) and 23153. Impairment occurs when a person's mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

11427. If any provision of this Act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

11428. The provisions of this Act shall become effective November 7, 2012.

Save the Date for our first benefit for the RCPA of 2012:
Saturday October 1, 2011, 7pm- Midnite
East Bay Location "to be announced"

We will be looking for people who can donate time, skills, or money to this historic race over the next 15 months. The first part will be the hardest, and most telling: the signature drive.
We estimate we will need $1.25 million dollars for the signature gathering drive and lots of grass roots volunteers, to show the bigger money people that we Californians are ready to Repeal Cannabis Prohibition!

We will have a campaign website up and running soon, but we need funds NOW
I suggest our sliding scale for this first benefit get-together should be $25.00-$1,000.00 (and upwards for those who have the means). The sliding scale can be lower for those who have the time to seriously volunteer for this historic campaign. Are you ready for the next 15 months leading up to the November 6, 2012 election? I am, and I'm excited!

Untile we get the campaign website up and running, we'll take initial pledges/RSVP's by email at:
info@DrLucido.com
or
call my office at 510-848-0958 ext 0, speak to Melissa or Shante

Excitement is building!

Initiative Fever: Catch it! (with apologies to Major League Baseball!)

Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
Berkeley Ca
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

ps: New Primary Care Patient introductory rate now extended until October, 2011
http://drfranklucido.blogspot.com/2011/03/new-primary-care-patient-special-as-of.html
We are not on any insurances; a deal-breaker for some,
but the uninsured think we're a good deal.
NOTE: our Primary Care patients also get a steep reduction in their Medical Cannabis Evaluation fee.
Your Family Doctor in Berkeley since 1979!

DrFrank will also meet with any physicians who would like to be part of AIMLegal.org and take my certification training.
http://aimlegal.blogspot.com/
http://aimlegal.org/
http://www.drfranklucido.com/pages/aimlegal.org-expert-witness-locator.php

Dr.Frank Lucido voted Best of East Bay; Women's Visionary Congress,July 29-31,Petaluma

2011-07-21T18:40:00.000-07:00

Dr.Frank Lucido voted Best of East Bay; Women's Visionary Congress,July 29-31,Petaluma

Dr Frank Lucido, Best Cannabis Physician,
Best of the East Bay Express for the 2nd time in 3 years!!
FULL TEXT from this week's East Bay Express, (July 20-26, 2011 issue, page 42) at end of this email....

New Primary Care Patient Special: now extended until October, 2011
Since we have had much success with our New Patient Special we have decided to extend the special until October. Please remember that the best compliment you can provide me is a referral. Here is the link to the special:
http://drfranklucido.blogspot.com/2011/03/new-primary-care-patient-special-as-of.html
NOTE: our Primary Care patients also get a steep reduction in their Medical Cannabis Evaluation fee.
Your Family Doctor in Berkeley since 1979!

July 29-31, 2011:
Women's Visionary Congress, (5th Annual)
http://www.visionarycongress.org/wvc.registration.html to register
Check out the speakers list:
http://www.visionarycongress.org/wvc.bios.html
Location: IONS Reteat Center, Petaluma CA
Don't miss this: I'm attending again!

August 6, 2011, Saturday, 3:00-4:30PM
IBS (Irritable Bowel Syndrome) lecture at the Berkeley Public Library.
Berkeley Public Library Meeting Room
2090 Kittredge St.. Berkeley, Ca,
(enter on Kittredge St, then take elevator to Community Meeting Room on 3rd floor)
RSVP to info@DrLucido.com
No admission charge

August 19-21, 2011
Seattle Hempfest http://www.hempfest.org
I've been a speaker at this event since 2005, but may not make it this year due to finances.
Looking for a sponsor for my expenses.

Best of the East Bay Express:
Dr Frank Lucido, Best Cannabis Physician
2300 Durant Ave, Berkeley, 510-848-0958
DrFrankLucido.com
East Bay Express July 20-26, 2011, page 42:
"When a Winnebago pulls up in front of the Cow Palace in San Francisco on a sunny Saturday and unfurls a sign advertising "$45 medical marijuana recommendations or your money back," it's easy to see why some call the state's medical marijuana laws farcical. Sure, pot's less toxic than aspirin and 90 percent of presenting patients are "self-medicating" anyway. And, sure, almost none complain to the state medical board. But in an overweight country with skyrocketing health liabilities, there's something unseemly about a five-minute "doctor visit" that that requires no medical records. What if something was actually wrong with you? Berkeley family practitioner Dr. Frank Lucido is a rare specimen: the diligent physician who understands weed. Serving the East Bay since the 1970s, Lucido will recommend marijuana to qualified patients, but in a more professional process. Serious cannabis specialists like Lucido catch serious things, like, in one case, a lingering fatigue that's actually early thyroid cancer. An activist for both medical marijuana patients and physician rights, Dr. Lucido fights in court and in the press to normalize the maligned herbal remedy. So when your aging parent eventually needs some killer arthritis cream, it needn't involve Winnebagos."

"Open lawn" at Dr Frank Lucido's East Lansing/Williamston office Sunday July 3, from 3pm-6pm

2011-07-02T20:43:00.001-07:00

"Open lawn" at Dr Frank Lucido's East Lansing/Williamston office
Sunday July 3, from 3pm-6pm

My office in Williamston/East Lansing area is in a rural setting with large lawn and frog pond,
Perfect place for a meet and greet over some light refreshments.
RSVP to drfrank@drlucido.com or call 510-604-1511
(address given on RSVP or appointment)

Office hours:
Sunday July 3: 1pm-3pm
Monday July 4: 9am-11am
I then fly back to California July 4 afternoon,
returning to Michigan every 6 months: May and November

General info:
To schedule or to inquire about my fees and/or requirements, call my 877-787-6900 and leave message on the voice mail, with a number at which I can reach you.

Thanks!

I will be back each May and November for about 1 week to facilitate annual renewal.

IF NOT DUE FOR RENEWAL when I am in Michigan:
I'd be happy to do initial interviews and physical exams at no preliminary charge, but then would have done the required physical exam in person.
Only if and when you decide you want a recommendation from Dr. Frank within one year, would you be scheduled for the equally important and more time-consuming history-taking via phone interview and outside records review, and only then would the fee apply.

DrFrank: Sat. June 11 Berkeley & Santa Rosa, Ca: Michigan June 24-July3

2011-06-10T16:27:00.001-07:00

DrFrank: Sat. June 11 Berkeley & Santa Rosa, Ca: Michigan June 24-July3

In this issue:
1. Upcoming events
2. New Primary Care Patient Special as of March 2011 (in effect through August, 2011)
http://drfranklucido.blogspot.com/2011/03/new-primary-care-patient-special-as-of.html
3. CBD (Cannabidiol) a developing story (below)

Saturday June 11, 3-4:30pm
Chronic pain seminar
DrFrank will share this presentation with his long-time colleague Maria Mangini PhD)
Berkeley Public Library Meeting Room
2090 Kittredge St.. Berkeley, Ca
(enter on Kittredge St, then take elevator to Meeting Room)
RSVP to info@DrLucido.com
No admission charge

Saturday June 11, 5pm-6pm panel at
Harmony Festival (Sonoma County Fairgrounds in Santa Rosa, California)
5:00pm Medical Cannabis: the Big Picture
Craig Litwin, former mayor of Sebastipol, medical cannabis advocate
Sarah Shrader, Americans for Safe Access
Frank Lucido, M.D., medical cannabis expert witness
http://www.harmonyfestival.com/directions.html
http://www.harmonyfestival.com/deep-green-pavilion.html

June 24-July 3
DrFrank in Michigan for cannabis consultations.
Call office to schedule: 510-848-0958 during my California office hours. Otherwise call my 24-hour message line:
877-787-6900 and leave message on the voice mail, with a number at which I or my office can reach you.
Thanks!

DrFrank's Michigan "policy In progress" for Michigan cannabis consultations:
I plan to be in Michigan part of every May and November, for medical cannabis evaluations, and physician/patient seminars.
-Since many of you/your friends may not be due for renewal when I am in Michigan, I'd be happy to do short interviews and hands on exams at no preliminary charge, but then would have done the requisite in person exam.
-Only if and when you decide you want a recommendation from Dr. Frank sometime within the year, would you be scheduled for the equally important and more time-consuming history-taking via phone interview and outside records review, and only then would the fee apply. (Remember: I require that you are having your serious illness followed by your own Michigan physician at least yearly, and that you obtain current records of this for me.)

DrFrank will also meet with any physicians who would like to be part of AIMLegal.org and take my certification training.
http://aimlegal.blogspot.com/
http://aimlegal.org/
http://www.drfranklucido.com/pages/aimlegal.org-expert-witness-locator.php

CBD info: O'Shaughnessy's article review by FL; Russo article: A Tale of Two Cannabinoids
CBD (Cannabidiol) a developing story:
Both the 2009 and 2010 issues of O’Shaughnessy’s, the Journal of the Society of Cannabis Clinicians:
have page 1 articles about CBD (Cannabidiol) one of the over 70 cannabinoids found in cannabis
more info at:
Project CBD
http://projectcbd.org/

Below is the url for the by Ethan Russo MD, and Geoffrey Guy MD (GW Pharmaceuticals) article:
A Tale of Two Cannabinoids
The therapeutic rationale for combining tetrahydrocannabinol and cannabidiol
also available online at:
http://mcforadhd.free.fr/Russo_Tale_of_Two_Cannabinoids_Med_Hypoth_2006.pdf

Frank Lucido's review of Page 1 article about CBD strains in the 2009 issue of O’Shaughnessy’s, the Journal of the Society of Cannabis Clinicians:
.
Lab Begins Testing For Mold, Potency; High-CBD Strain Will be Available

This is the big story, and deserves first page. For the first time in history, patients can try strains with varying amounts of THC and CBD, and decide for themselves whether they want higher or lower levels of these two cannabinoids.

Up til now, we have had what I call a combination of "folk wisdom" (which can be most important if you know which folk are collating their observations) and marketing (Train Wreck? I hate the name. It doesn't sound very medicinal).
Bottom line is that we may now have more information by next year, as to whether high CBD strains might be better for some symptoms.
Salient sentence from the article is "CBD: It's not for stoners".
(CBD is Cannabidiol, one of over 70 different cannabinoids present in Cannabis plants)

"CBD: It's not for stoners".
or as GW Pharmaceuticals says:
"CBD is demonstrated to antagonise some undesirable effects of THC including intoxication, sedation and tachycardia, while
contributing analgesic, anti-emetic, and anti-carcinogenic properties in its own right."

That salient sentence is from the abstract of a paper by Ethan Russo MD, and Geoffrey Guy MD of GW Pharmaceuticals, which markets Sativex (only legal in Canada) which is a 50:50 sublingual spray of natural THC:CBD, extracted from the whole plant.

Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

DrFrank's Seminar on Arthritis April 16, 3PM Berkeley Public Library; Japanese Nuke Disaster Info links

2011-04-14T21:12:00.000-07:00

DrFrank's Seminar on Arthritis April 16, 3PM Berkeley Public Library
Also Special offer to my Primary Care Patients

In this issue:

--April 16, 3:00-4:30 PM : DrFrank's Patient Seminar: Berkeley Public Library
(More info below)

--April 23, Saturday 1PM-MN: Deep Green, an Earthday Celebration of Cannabis, Health, & Ecology,
Craneway Pavilion, Richmond, California
DrFrank is on a Panel 2:00-3:00PM
(More info below)

--Japanese Nuclear Disaster in progress: Physicians for Social Responsibility info/links
(More info below)

--New Primary Care Patient Special as of March 2011
and Medical Cannabis Consultations, now $125 for our primary care patients
More info at: http://drfranklucido.blogspot.com/2011/03/new-primary-care-patient-special-as-of.html

--Note
1. To keep up on ALL future postings, and announcements of events I will host, as they are posted,
please SUBSCRIBE TO MY FREE BLOG at:
http://drfranklucido.blogspot.com/

2. Closed blog for AIMLegal PHYSICIANS ONLY (Association of Independent Medical-Legal Consultants )
http://aimlegal.blogspot.com/
This will be my online subscription course, a prerequisite to being listed on my AIMLegal physician locator at:
http://www.drfranklucido.com/pages/aimlegal.org-cannabis-physician-locator.php
"Expert Witness" quality physicians: Why not choose the best?

April 16, 3:00-4:30pm:
DrFrank's Patient Seminar:
Arthritis: Conventional and Non-Conventional Approaches
Presented by Frank Lucido MD, Family Medicine in Berkeley since 1979
and
Benjamin Zappin L.Ac., Licensed Acupuncturist and Herbalist
(415) 816 3546
www.benzappin.com
Benjamin Zappin will be discussing traditional and research based perspectives on the use of acupuncture and both Chinese and Western herbal medicine in the treatment of various arthritic conditions.
Berkeley Public Library, 2090 Kittredge St.. Berkeley, Ca, 94704
RSVP to DrFrank@DrLucido.com
No admission charge

April 23, Saturday 1pm-Midnite or later
Deep Green, an Earthday Celebration of Cannabis, Health, & Ecology, Craneway Pavilion, Richmond, California
I am on a panel from 2-3pm with some of my favorite people:
The Science and Promise of Medical Cannabis
Chris Conrad (moderator), Steve DeAngelo, William Courtney M.D., Frank Lucido M.D.
Cannabis went overnight from being a common medical herb, a linchpin for agriculture and industry, and a mainstay of the human diet in 1937 to being a prohibited plant that is targeted for extinction by the U.S. government, with millions of its consumers rounded up and locked away. Since the mid-20th century, we have seen the wanton destruction of the environment, the collapse of our manufacturing economy, and an increase in cancers and pollution-related health problems. This panel will look into the Cannabis and Health Connection, in its broadest implications.
• Medical marijuana in its smoked form
• Contra-indications and mitigation of negative effects
• Alternative means of consumption, like edibles and vaporization
• Patients helping patients: the medical marijuana supply chain
• Raw cannabis and CBD: Medical use without the high
• Medical marijuana to help survive Japanese radiation poisoning
• Removing radiation and heavy metals from soil with hemp
• Hempseed and hempseed oil for nutrition, body care, and more.
Schedule at:
http://www.deepgreenfest.com/?c=schedule
Ticket info: http://www.deepgreenfest.com/?c=tickets_discount_information
General Admission - $20 Advance* / $30 @ Door
VIP - $100 Advance* / $125 @ Door

Update on: Japanese Nuclear Disaster in progress
Physicians for Social Responsibility
Information and preparedness links:
http://www.psr.org/resources/resources-on-the-japan-nuclear-crisis.html

Frank H. Lucido MD
More Than Just Medical Marijuana:
GENERAL AND FAMILY PRACTICE SINCE 1979 (California only)
Primary Care Medicine: Experienced, Trusted
New Family Practice Patients welcome.
Patient-centered care. Experienced practitioners. Courteous, respectful staff.
Medical Cannabis Consultations since 1996
Expert Witness
Berkeley Ca
510.848.0958 (by appointment only)
Michigan office: 877-787-6900 (Cannabis Consultation and expert Witness only on Michigan)
(24 hr message line)

New Primary Care Patient Special as of March 2011

2011-03-28T13:31:00.000-07:00

New Primary Care Patient Special as of March 2011;

(now extended until October, 2011)

Frank H. Lucido, M.D. has been practicing Family Medicine for more than 30 years. His determination to offer patients that best care possible with options that work for them characterizes his Primary Care Practice and led to his becoming a pioneering cannabis-recommending clinician in 1995.

If you, family members or friends are looking for a Primary Care Physician, please refer to them to us! We are offering a special to our patients, their friends and family members: 50% off new Primary Care patient appointments with mention of this discount at time of booking the appointment.

For current Primary Care Patients, Dr. Lucido will be offering discounted renewals on their medical cannabis recommendation visits. The new fee for medical cannabis renewal appointments for Primary Care Patients will be $125.

Dr. Lucido has a small private practice in Berkeley. He works closely with Maria Mangini, PhD FNP, an experienced Family Nurse Practitioner who specializes in women’s health care. Both practitioners are dedicated to preventive health care and to taking the time to listen to patient concerns.

Frank H. Lucido, M.D. has been practicing in Berkeley since 1979. He graduated from University of Michigan Medical School, and completed his family practice training through UC Davis. He is on the steering committee of the San Francisco Bay Area chapter of Physicians for Social Responsibility, and is a committed anti-nuclear activist. Dr. Lucido also offers free health seminars in Berkeley regularly.

Maria Mangini, PhD FNP completed her doctorate in Nursing at UCSF, where her research centered on drug use and drug policy. A Family Nurse Practitioner since 1982, she received her MSN with distinction from Pace University’s Lienhard School of Nursing. Currently she is the director of the MSN/FNP and Clinical Faculty programs at Holy Names University in Oakland. Maria also writes a regular column for The Berkeley Times.

To schedule an appointment now or to get more details about our office please call us at 510.848.0958.

Medical Board of California confirms ban on the corporate practice of medicine

2011-03-23T17:35:00.001-07:00

Medical Board of California confirms ban on the corporate practice of medicine

Physicians: Join the
Association of Independent Medical-Legal Consultants
see: AIMLegal Physician Locator:
http://www.drfranklucido.com/pages/aimlegal.org-cannabis-physician-locator.php

Medical Board of California:
I have a question about non-profits.
My understanding, is that, in California, it is illegal for a non-physician to hire physicians.

I wrote a piece for O'Shaughnessy's last year reporting on the MBC decision:
(To be published in the upcoming Winter 2008 issue of O’Shaughnessy’s; Prior issues online at:http://www.ccrmg.org/journal.html)

Board Makes Mikuriya Ruling "Precedential"

Entire article posted at end of this email.
In this article, I made the statement that, in California, it is illegal for a non-physician to hire physicians.
and got the following response (also below) from a lay-owner of a chain of clinics.

So what is the rule, and under what circumstances can this lay-ownership ban be ignored?
I am not out to get anyone in trouble, but want a level playing field.

Thanks!
Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com

State of California
DCA
Department of Consumer Affairs

Division of Legal Affairs
1625 N. Market Blvd. Ste. S-309
Sacramento, Ca, 95834
916-574-8220
Fax 916-574-8823

September 29, 2009

Frank Lucido MD
2300 Durant Avenue
Berkeley, CA 94704

RE: Corporate Practice of Medicine Inquiry

Dear Dr. Lucido:

I write on behalf of the Medical Board of California (Board) and in response to your electronic mail message to the Board regarding the corporate practice of medicine. Specifically, you inquired as to whether California's ban on the prohibition of the corporate practice of medicine ("the prohibition") extends to nonprofit corporations and clinics that may be operated by a nonprofit corporation.

As I am sure you are aware, section 2400 of the Business and Professions Code establishes California's prohibition against the corporate practice of medicine. Section 2401 of the Code sets forth certain exceptions from the prohibition. I have enclosed that section for your review.

We also note that the courts have held that a corporation is not exempt from the prohibition simply because it is organized under the nonprofit corporation law. (See California Physicians Service v. Aoki Diabetes Research Institute [ADRI] (2008) 78 Cal.Rptr,3d 646,653; See also 83 Ops.Cal.Atty.Gen. 170, fn 2 (2000).) The ADRI court noted that previous courts have recognized the danger of lay control, a danger that attends all types of corporations. (Ibid.)

Please be advised that your inquiry does not provide the Board with sufficient facts to offer additional guidance on a specific set of circumstances. Please contact me if you have any questions.

Sincerely,

DOROTHEA JOHNSON
Deputy Director, Legal Affairs

By KURT HEPPLER
Senior Staff Counsel

Enclosure

Cc: Renee Threadgill, Enforcement Chief, Medical Board of California

http://law.onecle.com/california/business/2400.html
California Business and Professions Code Section 2400

Corporations and other artificial legal entities shall have
no professional rights, privileges, or powers. However, the Division
of Licensing may in its discretion, after such investigation and
review of such documentary evidence as it may require, and under
regulations adopted by it, grant approval of the employment of
licensees on a salary basis by licensed charitable institutions,
foundations, or clinics, if no charge for professional services
rendered patients is made by any such institution, foundation, or
clinic.

http://law.onecle.com/california/business/2401.html
California Business and Professions Code Section 2401

(a) Notwithstanding Section 2400, a clinic operated primarily
for the purpose of medical education by a public or private
nonprofit university medical school, which is approved by the
Division of Licensing or the Osteopathic Medical Board of California,
may charge for professional services rendered to teaching patients
by licensees who hold academic appointments on the faculty of the
university, if the charges are approved by the physician and surgeon
in whose name the charges are made.
(b) Notwithstanding Section 2400, a clinic operated under
subdivision (p) of Section 1206 of the Health and Safety Code may
employ licensees and charge for professional services rendered by
those licensees. However, the clinic shall not interfere with,
control, or otherwise direct the professional judgment of a physician
and surgeon in a manner prohibited by Section 2400 or any other
provision of law.
(c) Notwithstanding Section 2400, a narcotic treatment program
operated under Section 11876 of the Health and Safety Code and
regulated by the State Department of Alcohol and Drug Programs, may
employ licensees and charge for professional services rendered by
those licensees. However, the narcotic treatment program shall not
interfere with, control, or otherwise direct the professional
judgment of a physician and surgeon in a manner prohibited by Section
2400 or any other provision of law.
(d) Notwithstanding Section 2400, a hospital owned and operated by
a health care district pursuant to Division 23 (commencing with
Section 32000) of the Health and Safety Code may employ a licensee
pursuant to Section 2401.1, and may charge for professional services
rendered by the licensee, if the physician and surgeon in whose name
the charges are made approves the charges. However, the hospital
shall not interfere with, control, or otherwise direct the physician
and surgeon's professional judgment in a manner prohibited by Section
2400 or any other provision of law.

Frank Lucido MD: Medical-Legal Consulting Services and Fees

2011-03-17T23:55:00.000-07:00

Frank Lucido MD: Lucido Medical-Legal Consulting Services and Fees
for physician, attorneys, patients
March 2011

Safe and Appropriate Recommendations For Safe and Effective Medicine

Dr. Frank Lucido, M.D. is nationally known as a medical cannabis clinical specialist of high standards, who has been constructively critical of low-standard practices. Also, widely known to be a thorough, caring, and trusted physician, Dr. Lucido takes the time and effort to establish that the patient is appropriate in their use of medical cannabis, and has defensible medical records demonstrating it.

Lucido Medical-Legal Consulting provides the following services for medical cannabis-recommending physicians, their attorneys, and patients.

Services for PHYSICIANS AND THEIR ATTORNEYS:

Preventive Practice Standards Review and Consultation On Practice Standards
• Preventive or “Pre-event” Consultation; i.e., for doctors who do not have a pending or anticipated case or action by the MBC.

• For existing medical cannabis practices, and for the physician who wishes to add Medical Cannabis Consultation to his/her practice.

$3,250.00 fee includes:
• Reviewing the written questionnaire on Medical cannabis practice standards

• Follow-up in-person or phone interview with the physician and/or his/her attorney

• Confidential written recommended plan for improvement.

“Post-Event” Consultations
(For example: After a Medical Board investigation has begun, or after the MBC has initiated action against the physician.)

$6,500.00 fee includes:
• Practice Standards Review and Consultation (similar to above)

• Review of Med Board complaint and any actions or proposed actions

• Availability to the doctor’s attorney for assessment of strengths and weaknesses of the physician’s case

• Review of patient records up to five (5) hours maximum, then $650.00 per hour after initial five hours

Additional Services

Lucido Medical-Legal Consulting can provide:
• Reviews of specific patient records for which a physician is being investigated and give confidential opinion to the physician and attorney.

• When doctor has acted appropriately (in the opinion of Lucido Medical-Legal Consulting testimony can be provided at depositions, in court or at Medical Board hearings.

Rates:
• Deposition testimony: $650.00/hour, minimum two (2) hours if scheduled in the offices of Lucido Medical-Legal Consulting OR minimum five (5) or ten (10) hours, plus travel and expenses, if scheduled elsewhere.

• Trial or hearing testimony: $6,500/day (plus travel and expenses). Half-day rate available if testimony is in the East Bay (Berkeley/Oakland area).

• Non-refundable payment of $3,250 payable at time of scheduling OR at least one (1) week prior to trial or hearing.

Services for MEDICAL CANNABIS PATIENTS

Medical Cannabis Evaluations for Patients

• Initial consultation is $250.00, and yearly re-evaluations are $225.00 at this time. (My requirement listed below under “General info”)

Second Opinions for Patients (when legitimacy of use is in question)

• Consultation is $250.00 (My requirement listed below under “General info”)

I schedule 45 minutes for initial evaluation, and 30 minutes for annual re-evaluations. This includes review of records, and relevant history and physical.

Other medical-legal physician services:
The recommendations should stand of it’s own merit under California law, and therefore no patient with a valid recommendation should be bothered by law enforcement for safe and appropriate use of their medication. However, there is still a misguided “drug war” going on. My standards are designed to be the most protective of patients and physician. Although lower standards than mine are “arguable”, the place to argue that is often in a court of law, and can be very expensive.

My practice standards are designed to avoid legal problems. Unfortunately, some physicians have taken my standards and stripped them of their safety, in the name of efficiency, leaving legitimate patients vulnerable to legal harm.

I believe that patients who have fulfilled my requirements prior to their encounter with law enforcement are less likely to have a problem.

Nevertheless, there are times when a patient has an issue with an employer, or law enforcement that can be more easily resolved with an authoritative letter from a credible physician.

Often, an authoritative letter of support (after any needed phone discussion with your attorney prior to writing letter) will resolve many issues, and often avoids court. $200.00

“Post-Event” Consultations for Patients
• Consultation is $250.00 (My requirement listed below under “General info”)

• For patients with serious charges requiring a possible trial:
$6,500.00 fee includes:
• Review of patient records up to five (5) hours maximum, (then $650.00 per hour after initial five hours) plus 1 day’s testimony.
• $3225.00 for my consultation through entire case if no need court testimony needed
• $3225.00 for one days court testimony, due on scheduling court date; refundable if cancelled 1 full week prior

Sliding scale will be considered, depending on financial need, and in cases involving a public defender’s office.

Again, often, an authoritative letter of support (after any needed phone discussion with your attorney prior to writing letter) will resolve many issues, and often avoids court. $250.00

DISCLOSURE of Possible Conflict of Interest:

Practice Standards Review and Consultation, done by Lucido Medical-Legal Consulting, does not guarantee a willingness or ability to give testimony in support of the client’s (doctor) standards or actions. Ability to testify will depend on the honest professional opinion of Dr. Frank Lucido, but included will be a confidential evaluation of areas of weakness and strength in the doctor’s practice standards.

Adherence to the recommended standards does not guarantee that the doctor will be free from action by the MBC. Should Dr. Lucido feel ethically able to take on the role of medical expert, in depositions, court or hearing testimony, etc., charges are additional, as noted.

If Dr. Lucido decides he cannot defend, under oath, the doctor’s actions or practice standards, he will give his honest and confidential opinion in that regard. In that case, he may be available, in some circumstances, to consult with the doctor’s attorney and any other expert witness chosen for that purpose, at the hourly rates noted.

Dr. Lucido is very concerned about limiting the time and attention paid to patients in the interests of economy. This type of abuse has been surfacing in the care of medical cannabis patients. The usefulness of a recommendation from some cannabis clinics not following adequate medical standards is like a “fig leaf” – it gives the appearance of propriety, but doesn’t cover anything.

If Dr. Lucido feels the doctor’s practice standards should be improved, he will include that opinion in his confidential report, along with suggestions for improvement.

All information related to consultation will be kept confidential to the full extent of the law.

General info about my medical cannabis evaluations:

Initial consultation is $250.00, and yearly re-evaluations are $225.00 at this time.

Certrain serious illnesses or symptoms can be an appropriate use for medical cannabis under California Health and Safety Code 11362.5 (California Compassionate Use Act of 1996 or Prop 215), if it is truly helping you.

This law is quite specific in applying to "seriously ill Californians".
I require that you have ongoing care with your physician for your condition, and bring in records from the past 12 months documenting this.
You will also have to have a valid California ID or driver's license,
and you must be 21 years of age. I require anyone under 21 to have written parental consent.
(Any exceptions to these requirements above must be discussed with the doctor before making appointment.)

Call 510-848-0958 for an appointment, and tell my staff it's for a medical
cannabis evaluation.

I believe that my practice standards are among the best and most protective of any physician's.
They are published at:
http://www.medboardwatch.com/implementation-of-7-year-plan.htm
and have been acknowledged favorably by the Medical Board of California:
(See: http://www.medboardwatch.com/mbc-May-6-05-Frank-statement.htm )

I look forward to seeing you!

peace and health,
Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
510.848.0958 (by appointment only)
www.DrLucido.com
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

PS: NOTE: we don't accept insurance for medical cannabis evaluations.
Also NOTE: A medical cannabis evaluation does not constitute primary care.
It is assumed that you already have a primary care practitioner. If not, I am advising you to obtain one.

PPS: No one may give or obtain a "prescription" for marijuana/cannabis.
Under California's Compassionate Use Act, it may be appropriate for a physician to "recommend" or "approve" cannabis use by a patient. This involves giving a medical opinion as to whether cannabis might be helpful in a specific case. We cannot "prescribe" cannabis in the sense of directing you to use it, nor will we help you to obtain cannabis or direct you to sources of cannabis.

Pioneers of Medical Cannabis; ALSO: Feb 19 Women's Visionary Congress event, Berkeley, Ca.

2011-02-15T00:18:00.000-08:00

Pioneers of Medical Cannabis; ALSO: Feb 19 Women's Visionary Congress event, Berkeley, Ca.

This issue I will feature TWO Medical Cannabis Pioneers:
1. Fred Gardner, editor of O'Shaughnessy's, the Journal of the Society of Cannabis Clinicians
2. Bernie Ellis: in Tennessee it is still dangerous to be a cannabis pioneer.
Bernie deserves a Presidential pardon. If you know him, you can help. See story below.

Upcoming event:
Saturday, February 19, 7-11pm; (DON'T MISS THIS. I'm going for sure. Frank)
An Evening With Visionary Women
The Women’s Visionary Congress (WVC) will host a Valentine Love Party at the Berkeley City Club on Saturday, February 19 from 7-11 pm. The event will include presentations from medical cannabis pioneer Debby Goldsberry, co-founder of the pioneering Berkeley Patient’s Group medical cannabis dispensary, and xenolinguistic novelist, psychonaut and video performance artist Diana Reed Slattery. The Berkeley City Club is located at 2315 Durant Avenue, Berkeley, CA. Light refreshments, open bar, cocktail party attire encouraged, all genders welcome. Tickets $25. The WVC is a nonprofit educational organization that supports the work of women healers, scholars, activists and artists who study consciousness and altered states. It hosts the annual Women's Visionary Congress in Northern California.
(Note from Frank Lucido: the 4th Annual Women's Visionary Congress last October was great!
See http://www.visionarycongress.org/wvc.bios.html for the great speakers list from that event)

Also upcoming:
Be looking for the Cannabis Law Institute's proposed legalization initiative for 2012.
See:
Repeal Prohibition of Cannabis Act of 2012-*Very Rough Draft- 2.13.11*
http://drfranklucido.blogspot.com/2011/02/repeal-prohibition-of-cannabis-act-of.html
and sign up for my blog to make comments.

Recent events:
San Jose Convention Center last month held another homage to capitalism, with
at least THREE recommendation mills onsite duking it out for customers.
Going price for a toy recommendation is now $40! Haha!
Very original names too, like "215 420 Green Goddess THC Reefer Man" or something like that.
...many still waiting in a long line at 4:20PM to get into "official" back smoking room.... Meanwhile people were already smoking outside publicly without interference or ID checks, or waiting in a long line. It's California for pot's sake!
I don't advise this, but money talks, doesn't it?
or more correctly: "Money doesn't talk, it swears." -Bob Dylan
Oh well, it's all moving towards legalization when even some "drug warriors" say: "it's so ridiculous, it may as well be legalized."
Well that's what common sense has been saying for at least 40 years. Nice to see some drug warriors are catching up!
2012 it will be.

Pioneers of Medical Cannabis: I have 2 Very Important Pioneers this time:

FRED GARDNER, editor of O'Shaughnessy's, the Journal of the Society of Cannabis Clinicians.
Fred is a tireless editor for this journal, the Journal of Cannabis in Medicine, and it's the best one out there.
Fred Gardner's Wikipedia page needs updating but will give you some idea of his commitment to peace and social justice:
http://en.wikipedia.org/wiki/Fred_Gardner_(activist)
Fred reciting his poetry at Seattle Hempfest 2010:
http://wn.com/Fred_Gardner_(activist)
O'Shaughnessy's online: Journal of the Society of Cannabis Clinicians
http://www.pcmd4u.org/OShaughnessys/New_Issue.html
Current and Back issues linked online at this url.

BERNIE ELLIS:
Bernie Ellis, a federally prosecuted medical cannabis activist in
Tennessee, has been engaged in a nine year battle with the feds for
his freedom and his farm. Though his legal problems are behind him,
Bernie is seeking a Presidential pardon to allow him to become
employable again as a public health epidemiologist. If you know Bernie
(or are aware of his case) and want to help, you can obtain more
information at this link. He needs notarized letters/affidavits of
support by March 1.
If you know Bernie, consider writing a letter to President Obama requesting a pardon.
As I told Mr. Obama in my the letter I wrote for Bernie:
"In my many travels to around the country to attend and speak at medical cannabis and public health conferences, I have had the honor of getting to know Bernie Ellis for several years. He has always been a pleasure to talk to and work with, and should you have the opportunity to meet him and know him, I am sure you will have the same reaction."
For more info:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x406969

Notices:
1. I plan to post on my blog more frequently, but from now on, I am only going to send emails out occasionally.
To keep up on ALL future postings, and announcements of events I will host, as they are posted,
please SUBSCRIBE TO MY FREE BLOG at:
http://drfranklucido.blogspot.com/

2. Closed blog for AIMLegal PHYSICIANS ONLY (Association of Independent Medical-Legal Consultants )
http://aimlegal.blogspot.com/
This will be my online subscription course, a prerequisite to being listed on my AIMLegal physician locator at:
http://www.drfranklucido.com/pages/aimlegal.org-cannabis-physician-locator.php
"Expert Witness" quality physicians: Why not choose the best?

Frank H. Lucido MD
More Than Just Medical Marijuana:
GENERAL AND FAMILY PRACTICE SINCE 1979 (California only)
Primary Care Medicine: Experienced, Trusted
New Family Practice Patients welcome.
Patient-centered care. Experienced practitioners. Courteous, respectful staff.
Medical Cannabis Consultations since 1996
Expert Witness
Berkeley Ca
510.848.0958 (by appointment only)
Michigan office: 877-787-6900 (Cannabis Consultation and expert Witness only on Michigan)
(24 hr message line)

Repeal Prohibition of Cannabis Act of 2012-draft 3.18.11

2011-02-14T23:56:00.000-08:00

Repeal Prohibition of Cannabis Act of 2012-draft 3.18.11

CANNABIS LAW INSTITUTE
http://www.cannabislawinstitute.com/

Repeal Prohibition of Cannabis Act of 2012-draft 3.18.11

This Initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.

This initiative measure adds a section to the Health and Safety Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

WHEREAS the People of the State of California make the following findings:
1. The 75 year old policy of cannabis prohibition has been a failure resulting in wasted resources, both human and financial;
2. The ill conceived prohibition has resulted in increased crime and violence;
3. The policy of prohibition has resulted in greater and easier access to cannabis by minors;
The People of the State of California demand an end to this failed policy and intend that this Initiative have the following effects:
1. Repeals all laws criminalizing the possession, cultivation, transportation, and distribution of cannabis;
2. Authorizes and empowers the Legislature to formulate reasonable Regulations and Guidelines for the commercial production, distribution and taxation of cannabis.

PROPOSED LAW SECTION

1. Section 11300 is added to the Health and Safety Code, to read:
11300. (a) This Section shall be known and may be cited as the Repeal Prohibition of Cannabis Act of 2012.
(b)(1) The people of the State of California hereby find and declare that the purposes of the Repeal Prohibition of Cannabis Act of 2012 are as follows:
To ensure that Californians have the right to obtain and use cannabis.
To ensure that persons who participate in cannabis related activities are not subject to criminal arrest, prosecution, or sanction.
To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of cannabis to Californians.
(2) Nothing in this Section shall be construed to supersede legislation prohibiting persons from driving impaired, nor to condone the diversion of cannabis to minors under 18 years of age.
(c) The following Statutes are hereby repealed:
Health and Safety Code: Sections 11357; 11358; 11359; 11361; 11364.5(d)(7); 11354.5(d)(12)(E); 11485; Vehicle Code Section 23222(b).
(d) Health and Safety Code Section 11360 is hereby repealed with the singular exception that the proscription of cannabis sales shall remain in effect for a period of 180 days following the enactment of this Section.
The legislature is authorized and directed to establish appropriate and reasonable regulations for the commercial production and sale of cannabis but may not delay the repeal of the sales proscription of Section 11360 beyond 180 days after enactment of this Section. Any regulatory system for the commercial cultivation, manufacturing, processing, and distribution of cannabis shall not impede on the individual rights set forth herein. Any taxes, regulations, fines and fees imposed pursuant to this Section shall not be imposed on personal amounts of cannabis below three pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy. The Legislature may also create fines for the distribution of cannabis to minors and mandate educational classes for minors found in possession of cannabis.
(e) The following Statutes are amended as follows:
(i) Health and Safety Code Section 11366 is hereby amended to remove any and all references to Health and Safety Code Sections 11054(d)(13)and(20);
(ii) Health and Safety Code Section 11364.5(d)(12) is hereby amended to remove any and all references to marijuana, hashish, and hashish oil.
(iii) Health and Safety Code Section 11054 is amended to remove subsections (13) and (20).
(f) It shall not be a public offense for an adult, 18 years of age and older, to use, possess, share, cultivate, transport, process, distribute, sell or otherwise engage in cannabis related activities.
(g) This Act, and all state implementations of this Act, shall preempt enactments of local jurisdictions inconsistent with this Act with the exception that local jurisdictions may enhance the rights and protections of those involved in cannabis related activities beyond what is delineated by the State or this Act.
(h) This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code Sections 11362.5 the Compassionate Use Act of 1996, and 11362.7 et seq., the Medical Marijuana Program Act.
(i) Nothing in this Act shall impact Penal Code 272 or Vehicle Code Sections 23103, 23152(a), and 23153. In a prosecution under Vehicle Code Sections 23103, 23152(a), or 23153, where the defendant is charged with driving under the influence of cannabis, only actual acute cannabis impairment shall be used to determine violations of Vehicles Code Sections 23103, 23152(a) and 23153.
(j) No peace officer as that term is defined by Section 830 et seq. of the Penal Code shall assist any federal official and or agency in seizing or attempting to seize or in discovering or investigating the existence of any cannabis cultivated, possessed, transported or sold within the state of California. A violation of this Section is enforceable by cause of action under Civil Code Section 1085. Upon the court making a finding that it was a policy of a police department, sheriff or any other law enforcement agency within the state of California to violate this Section the court shall award reasonable attorney's fees to the petitioner.
(k) Civil in rem forfeitures of money and/or other assets, by either a proceeds theory or a facilitation theory, involving cannabis, are abolished. All causes of action based on civil in rem forfeiture under the Health and Safety code of monies, property and other valuables based on either a proceeds theory or a facilitation theory, involving cannabis, which are still pending on the date of passage of this law shall be dismissed by the court and all funds and other assets ordered returned to the claimant. Health & Safety Section 11470 is amended to remove the word "marijuana" from subsection (e); Section 11479(a) is amended to remove all references to marijuana; Section 11479.2 is amended to remove all references to marijuana.
(l) If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

Survey on 2012 California State Initiative to legalize or regulate cannabis

2011-01-27T09:35:00.000-08:00

Survey on 2012 California State Initiative to legalize or regulate cannabis

Highlights of this posting:

1. Survey on 2012 California State Initiative to legalize or regulate cannabis.
SURVEY IS AT BOTTOM OF THIS POSTING
This survey was created by attorney Joe Rogoway et al. at Cannabis Law Institute
I would love your input between now and Friday, when I will begin 3 days of meetings regarding the future of cannabis policy, and medical cannabis. Those responding will receive my summary of the results via email.
Please respond with your opinions asap.
Responses after that date are still welcome, of course.
See below.

2. I plan to post on my blog more frequently, but from now on, I am only going to send emails out occasionally.
To keep up on ALL future postings, and announcements of events I will host, as they are posted,
please SUBSCRIBE TO MY FREE BLOG at:
http://drfranklucido.blogspot.com/

3. Closed blog for AIMLegal PHYSICIANS ONLY (Association of Independent Medical-Legal Consultants )
http://aimlegal.blogspot.com/
This will be my online subscription course, a prerequisite to being listed on my AIMLegal physician locator at:
http://www.drfranklucido.com/pages/aimlegal.org-cannabis-physician-locator.php
"Expert Witness" quality physicians: Why not choose the best?

4. Links to my 2 most recent blogs postings
until now, only available to those who have signed up at: http://drfranklucido.blogspot.com/

January 19, 2011
Why doctors can’t work in/for dispensaries or cross-refer.
Conant v McCaffrey, Conant v Walters salient exerpts
http://drfranklucido.blogspot.com/2011/01/why-doctors-cant-work-infor.html
In short: By virtue of Conant, physicians are the only ones involved in medical cannabis who are legal federally, and then ONLY IF they are not aiding and abetting a patient in breaking federal law.

January 17, 2011
Civil disobedience vs civil obedience: when is each appropriate
Crossing the line, and knowing where the line is.
(Frank Lucido's personal experience with non-violent resistance against nuclear testing at the Nevada Test Site, and how this relates to the medical cannabis issue)
http://drfranklucido.blogspot.com/2011/01/civil-disobedience-vs-civil-obedience.html

Survey on next State Initiative to legalize or regulate cannabis (2012)
This survey was created by attorney Joe Rogoway et al. at Cannabis Law Institute
I would love your input between now and Friday, when I will begin 3 days of meetings regarding the future of cannabis policy, and medical cannabis. Responses after that date are still welcome, of course.
peace and health,
Frank Lucido MD

1. What elements are absolutely critical to include in the 2012 initiative?

2. What items should be specifically excluded from the language.

3. How should the issue of medical cannabis be addressed?

4. Should the penalties for violations of California's new cannabis
laws be criminal, civil, or both? Explain.

5. At what age should a person be able to lawfully participate in
cannabis related activities. Should the age differ depending on the
activity?

6. What limits, if any, should be placed on personal cannabis use and
cultivation?

7. How long should the initiative itself be?

8. How would you like to see the initiative campaign run?

9. How far should the initiative go regarding commercial/industrial activities.

10. What types if consumer protections, if any, should be included in
the initiative.

email your responses to me at: DrFrank@DrLucido.com
thanks!
Frank Lucido

Why doctors can’t work in/for dispensaries: Conant v McCaffrey, Conant v Walters salient exerpts

2011-01-19T23:41:00.000-08:00

Why doctors can’t work in/for dispensaries or cross-refer.
Conant v McCaffrey, Conant v Walters salient exerpts

In short: By virtue of Conant, physicians are the only ones involved in medical cannabis who are legal federally, and then ONLY IF they are not aiding and abetting a patient in breaking federal law.

Conant v McCaffrey 9/7/00 Judge Alsop
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Full Text at:
http://www.aclu.org/FilesPDFs/conant_courtdecision.pdf

Conant v Walters 10/29/02 Judge Schroeder
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Full text:
http://www.drugpolicy.org/docUploads/conant_v_walters_final_decision.pdf

Walters and the ONDCP (Office of the National Drug Control Policy or “White House Drug Czar”) appealed this to the Supreme Court, who reviewed it and decided to let the lower court ruling stand.

Below are 3 salient quotes from Conant v McCaffrey, which was affirmed in Conant v Walters:

Contrary to the government's argument, it is not true that a mere recommendation will necessarily lead to the commission of a federal offense. To the contrary, such recommendations can lead to lawful and legitimate responses. First, a cancer or AIDS victim so advised may choose to honor the federal law but, armed with the doctor's recommendation, may urge the federal government to change that law. Petitioning Congress or federal agencies [*41] for redress of a grievance or a change in policy is a time-honored tradition. In the marketplace of ideas, few questions are more deserving of free-speech protection than whether regulations affecting health and welfare are sound public policy. In the debate, perhaps the status quo will (and should) endure. But patients and physicians are certainly entitled to urge their view. To hold that physicians are barred from communicating to patients sincere medical judgments would disable patients from understanding their own situations well enough to participate in the debate. As the government concedes, and as Mr. Vines exemplifies, many patients depend upon discussions with their physicians as their primary or only source of sound medical information. Without open communication with their physicians, patients would fall silent and appear uninformed. The ability of patients to participate meaningfully in the public discourse would be compromised. This factor alone persuades the Court that the balance of considerations ought to be struck firmly on the side of protecting sincere medical recommendations.

Second, a cancer or AIDS victim may well be able to obtain medical marijuana without [*42] violating federal law. There are three possible ways. One is to enroll in a federally-approved experimental marijuana therapy program. n6 Another is to travel to a country where marijuana is legally dispensed. Finally, the Ninth Circuit has recently recognized the "medical necessity" defense for cannabis-club distribution of marijuana to patients requiring marijuana as a medical necessity. n7 The point is that a recommendation for marijuana therapy does not translate, as night follows day, into a violation of federal law. To the contrary, a recommendation for marijuana may lead to actions by patients all of which are lawful under federal law and some of which are themselves protected, such as petitioning the government for a change in the prohibition itself, by the First Amendment.
......

When a doctor recommends marijuana, a patient who is accepting of the idea may well ask how to obtain it. Here, doctors must be honest. The First Amendment is not a license to circumvent the federal drug laws. If the doctor addresses the subject, he or she must be truthful and advise on the unavailability of marijuana under the present federal drug laws and on the availability of the federal experimental programs and overseas laws (to the extent [*46] the doctor is knowledgeable).
.....

The government is legitimately concerned that a physician might in bad faith issue recommendations that would then be used to enlarge the distribution of marijuana to those who really do not need it. From time to time, physicians registered under the Controlled Substances Act abuse their privileges, dispensing, for example, excessive controlled substances or otherwise circumventing the Act. See, e.g., United States v. Moore, 423 U.S. 122, 46 L. Ed. 2d 333, 96 S. Ct. 335 (1975). Physicians who issue insincere recommendations without a medical basis and with knowledge that they would be used to illegally obtain marijuana would be subject to DEA revocation. On the other hand, doctors are entitled to be confident that their good-faith recommendations based on honest medical judgments will not be the basis for DEA revocations even when they forsee their recommendations might be used by the patients to obtain marijuana from sources illegal under federal law.

Civil disobedience vs civil obedience: when is each appropriate

2011-01-17T13:53:00.000-08:00

Civil disobedience vs civil obedience: when is each appropriate

Crossing the line, and knowing where the line is.

Wikipedia:

Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance.

Daniel Ellsberg taught me about Non-Violent "Civil Disobedience",

Dr. Tod Mikuriya taught me the courage of "Civil Obedience", when the law IS on our side.

People often thank me for taking a courageous stand on the issue of medical cannabis,

but to me, this was just a natural extension of what I learned in my anti-nuclear activism or more correctly “actionism”.

My first anti-nuclear action was in January of 1991.

Some friends were going to Nevada for a special weekend seminar on nuclear testing held in Las Vegas, and culminating with a trip to the Nevada Test Site (NTS) 60 miles northwest of Las Vegas.

On the last evening in Las Vegas, Daniel Ellsberg was the speaker, and there was discussion of the actions to be undertaken the next day at the NTS. He then said something to the effect of “There is no more powerful feeling than taking your own freedom in your hands, and risking arrest for a cause you hold dear.”

He then followed with: “Of course, I warn you, it could be addictive. I’ve been arrested dozens of times.”

THAT intrigued me!

My First Arrest:

The day of the actions, I decided I would also cross the line.

During the anti-nuclear actions at the Nevada Test Site, some literally "cross the line," walk onto the Test Site, and voluntarily get arrested in non-violent action.

There is some ceremony and choreography to it.

First, a Western Shoshone elder makes a statement of how the test site is on native land, granted to his tribe by the Ruby Valley Treaty of 1863, and that the anti-nuclear protestors have his permission to be there, (while the Department of Energy and its representatives do not).

He then states that some of those present will risk arrest by walking onto the land.

If you plan to risk arrest at the NTS, you are advised to take the non-Violence course they teach the day before the actions. That way you and others protesting will be better prepared to minimize any harm to yourself or those around you, both legally, and physically.

Non-violence includes being verbally non-violent.

We are reminded that hateful, or unnecessarily negative language can affect the guards whose responsibility it is to arrest you, if, and when, you cross the line.

Believe me, you don’t want to scare people armed with guns.

My first act of civil disobedience went well. Some of crossed over the line, were arrested, placed in plastic handcuffs, and led onto waiting buses, for the 1 hour ride to Beatty, Nevada, where you were “cited” or given a ticket, and released. Part of the preparations for actions like this included having someone agree to be your spotter, to follow your bus to Beatty to pick you up and bring you back.

2nd Arrest:

By April 1992, I was more of an organizer, and took on responsibility for the medical services for a large event we called the Hundredth Monkey Project, in which we had a concert of 5,000 people outside of Las Vegas, then 500 of us commenced a 6 day walk to Peace Camp, near the Test Site, and then we had another weekend of music and actions at the gates of the Test Site. Because I was an organizer, and coordinating the medical team for this event, I didn’t intend to get arrested.

I also had a videocamera, and as a “legal witness,” I let the guards know I was watching, and videotaping any misbehavior on their part.

Apparently too much in their face…

Within minutes, I found myself PULLED over the line, and arrested!

Fortunately, I was able to hand my videocamera over the line to a friend, and was escorted to the “holding pen”.

Ah! A lesson to be learned:

Not only is it important to know where the line is, but it’s a good idea NOT to stand TOO CLOSE to the line, especially if you’re putting a camera in the authorities face. Real journalists often get arrested, and sometimes die, getting their stories at the front line!

Fast forward to 1996 to present:

14 years of medical cannabis law, and still enough unclarity because of the disparity between federal and state law.

The years have brought some important decisions that you may have heard me talk about before, like Raich v. Ashcroft, which reinforced that cannabis is still illegal under federal law,

and Conant v. Walters, which protects doctors FEDERALLY in making the recommedation, under certain circumstances: i.e.: they don’t “aid and abet” the patient in breaking federal law.

More on this later, especially for some of you doctors and dispensaries out there who still think it a great idea to collude to increase your profits!

You’re not protected either federally or by State law, but are actually now DEA targets.

That’s not only standing too close to the line, but actually crossing it and pretending you’re not.

That’s not civil disobedience, that’s ignorance and greed.

Frank Lucido MD has been practicing Family Medicine in Berkeley since 1979, and will continue to do so even after marijuana has been legalized.

In addition to his open blog

www.DrFrankLucido.blogspot.com

Dr Lucido now has an interactive subscription blog for physicians who wish to make use of Dr Lucido’s 14 years experience in medical cannabis practice, and over 15 years experience in Medical-Legal Consulting

Association of Independent Medical-Legal Consultants

http://aimlegal.blogspot.com/

Association of Independent Medical-Legal Consultants

AIMLegal Physician Locator:

http://www.drfranklucido.com/pages/aimlegal.org-cannabis-physician-locator.php

Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
www.DrFrankLucido.blogspot.com
Michigan office: 877-787-6900
(24 hr message line)

Nov 13 LEAP Benefit; Nov 19-30: Michigan; Prop 19 wrap-up

2010-11-12T00:46:00.000-08:00

Nov 13 LEAP Benefit; Nov 19-30: Michigan; Prop 19 wrap-up

Upcoming events:

LAST CALL:
Nov 13 Oakland, Ca: LEAP Benefit at home of Dr. Frank Lucido
http://drfranklucido.blogspot.com/2010/10/nov-13-benefit-for-leap-home-of-dr.html
Lester Chambers of the Chambers Brothers and Dylan Chambers will be playing.
50 RSVP's so far! Space will be limited! Register now:
RSVP to info@drlucido.com
or call my office at: 510-848-0958

Nov. 19-30 Dr. Lucido in Michigan: Lansing Area
Available for Medical Cannabis consultation Lansing area Nov 22-24. Call 510-848-0958 for appointment or email to info@drlucido.com

December 1 and forward:
Entering my 32nd year in Family Medicine in Berkeley, and
15th year as a cannabis consultant
Lecturer and expert witness.

Seminars for Physicians and others available by appointment:
http://drfranklucido.blogspot.com/2010/02/drfranks-medical-cannabis-seminars-for.html
AIMLegal.org CANNABIS PHYSICIAN Locator:
http://www.drfranklucido.com/pages/aimlegal.org-cannabis-physician-locator.php

Post-Election WRAP-UP.
I was disappointed that Prop 19 lost.
But 46 to 54 was actually closer than many want to believe, and historic for a legalization initiative.
2 more years and we'll do it in California.
AND Colorado.

I was pulling for it to win. I helped get signatures from my patients to put it on the ballot,
and my blog piece, Why I’m voting YES on Prop 19 in California, went out to my list of 3500 on Oct 14.
http://drfranklucido.blogspot.com/2010/10/why-im-voting-yes-on-prop-19-in.html
Yes, even knowing I would lose some of my cannabis practice.
But I had to go for my principles. In 2 more years we'll do it.

A few thoughts:
My response to "If it's legalized, it will be more available":
Since I started college in 1966, marijuana has NEVER been unavailable to the recreational user.
It's only sick people who don't have access to an informed social network who don't have access.
So anything that can make cannabis more available to adults in general will be better for patients
(which is why I was a co-signer on the argument in favor of Oakland's Measure Z in 2004. We've had Amsterdam-like coffee houses in Oakland for 6 years. They are low-key, legal under City law, illegal under Federal law.

One activist who tried to make the point that medical was protection enough pointed to the case of Brownie Mary and her winning her appeal as a sign that we've had de facto legalization for years even before Prop 215.
His memory is short: Brownie Mary got busted 3 times.
If she wasn't able to make lemonade out the the lemons of 3 arrests, that could have ruined her life.
If she was black or young, it probably would have.
or if her activist cause wasn't such a heartbreaker, like young men dying of AIDS;
for instance, if she was protesting nuclear testing or trying to shut down School of the Americas, she might still be in jail if she was still alive.

That's what we were voting on by Nov 5, not some other proposition that wasn't on the ballot, and may or may not be in 2 years.
It was to stop arresting something like 66,000 people every years for pot.

Regardless of all the "tax and regulate" and Eric Holder having to bluster about non-medical dispensaries, (which was his job to do, of course), this would have been historic.
Every adult over 21 could possess up to one ounce, grow a 25 sq foot garden (outside without unnatural and un-ecological grow lights, I contend),
and keep all the produce from it on site.
They could also transfer an ounce at a time to another adult.

All the talk about the non-medical dispensaries was irrelevant as far as I was concerned. but it was a sticking point for those who would make or lose money on sales.
Or were concerned about who would make or lose that money.
That was sad to watch. Some sharp divisions became apparent.
These divisions could get deeper.
But I believe the momentum is building, and the debate has gone national.
Congressmen are calling out the DEA on their lies!!
Check out this video posted on YouTube by SSDP (Students for a Sensible Drug Policy)
http://www.youtube.com/watch?v=SY0TQ1uOn3k&feature=player_embedded

3 other important blog opinion about the election:

Russ Belville of NORML Audiostash
10 Lessons Learned from Marijuana Election Defeats
November 8th, 2010
By: Russ Belville, NORML Outreach Coordinator
http://networkedblogs.com/ahlUp

Ed Rosenthal's Blog
Prop 19 Wins Around the World
by Ed Rosenthal - Wednesday, November 10 2010
http://www.cannabisculture.com/v2/node/25396

and
Official Statement of the Yes on Proposition 19 Campaign in Response to Election Results
by Richard Lee:
http://yeson19.com/node/316

Nov. 13 Benefit for LEAP, home of Dr. Lucido, Oakland California (Law Enforcement Against Prohibition)

2010-10-28T00:05:00.000-07:00

An Invitation from Frank Lucido, MD, Oakland, CA:

Nov. 13 Benefit for LEAP, home of Dr. Lucido, Oakland California (Law Enforcement Against Prohibition)

Come and support LEAP and the great work they have done towards ending the drug war,

which has caused untold damage to society, lives and our economy

RSVP ONLY: AS WE ARE LIKELY TO HAVE A FULL HOUSE!

WHAT:

Party/Benefit for Law Enforcement Against Prohibition (LEAP)

Short formal program 8:30-9:30

Suggest getting there by 8pm.

Our special guest speaker will be Neill Franklin, new Executive Director of LEAP

"FROM PROHIBITION TO LEGALIZATION"

The evening will include live music and a pot luck buffet.

WHERE:

Home of Frank Lucido, MD

Oakland, California

(address given on RSVP)

Easy BART access within 7 minute walk

(Fairly good street parking within a couple blocks)

WHEN:

Saturday, November 13, 2010, 7 PM-Midnight

Donation:

$25-100/person sliding scale.

To RSVP, please email or call Michael Genovese at michael.genovese@leap.cc or (781) 393-6985

or print out and mail:

Will you be attending the event on November 13th?

Yes No

Enclosed is my check in the amount of:

Please bill my credit card: Visa American Express Master Card Discover

Card Number: Exp. Date:

Card Security Code (What is this? http://en.wikipedia.org/wiki/Card_security_code)____

Signature:

Printed Name, as it appears on card:

Please send check or credit card info to LEAP:

LEAP Education Fund

Att: Michael Genovese

121 Mystic Ave, Suites 7-9, Medford, MA 02155

Make checks payable to LEAP Education Fund.

LEAP is a 501(c)3 nonprofit organization

Donations are tax deductible to the fullest extent of the law.

or fax to: (781) 393-2964

You can also donate online at:
http://leap.cc/cms/index.php?name=Content&pid=1

CONTRIBUTION INFORMATION

(* DENOTES REQUIRED INFORMATION)

*Name:

*Mailing Address: *Apt/Suite #:

*City, State & Zip:

*Day Phone:

Phone:

Fax:

Email:

I am interested in volunteering (please be sure to list your phone number:

You may use my name as a supporter:

Why I’m voting YES on Prop 19 in California

2010-10-14T09:35:00.000-07:00

Why I’m voting YES on Prop 19 in California

Tuesday, November 2 Election Day

Get out and VOTE! It’s your right and your duty to yourself

But first, some UPCOMING EVENTS:

Oct 22-24 Women’s Visionary Congress 4^th annual

Consciousness, Healing and Social Justice

Institute of Noetic Sciences (IONS) Earthrise Retreat Center, Petaluma CA

Check it out: http://www.visionarycongress.org/

“Tickets are $325 which includes a $75 membership in the Women's Visionary Council, the 501(c)3 nonprofit that organizes the WVC.

Ticket price includes all meals, events, shared lodging at the retreat center, yoga classes and access to the gathering from Friday afternoon through lunch on Sunday. Private rooms may also be available for an extra fee. Please contact us for more information.”

I think that’s an amazing bargain.

I’m attending this! I just registered online.

Tuesday, November 2 Election Day

Get out and VOTE! It’s your right and your duty to yourself

Saturday, November 13: Benefit for L.E.A.P.

(Law Enforcement Against Prohibition)

$25-100 sliding scale

Reserve tickets: info@drlucido.com

Music, Great food

Special appearance: Neill Franklin, LEAP’s new Executive Director

http://www.leap.cc/

Location in Oakland given on RSVP and pre-registration

Dr. Frank Lucido is hosting this event.

November 19-29: Dr. Frank Lucido will be in Michigan to see family and friends, and will be available for medical cannabis consultations November 22-24. Call 510-848-0958 to schedule appointment.

Why I’m voting YES on Prop 19

It’s been nearly 14 years since Proposition 215 passed, and patients are still having trouble finding safe access. And at best, are still “suspects” of misguided law enforcement.

I support Prop 19.

Although it has its flaws, it will be revolutionary.

Adults over 21 will be able to possess up to one ounce and grow a five foot by five foot garden.

There will be no probable cause to search otherwise law-abiding citizens.

And Patients will still be more protected as they can possess 8 ounces.

In my Statement to the Medical Board of California 5/8/09

http://drfranklucido.blogspot.com/2009/05/dr-lucidos-statement-to-medical-board.html

I told them:

“cannabis is safe and effective medicine…

If we treat cannabis like the medicine it is, it will eventually be an over-the-counter medicine for adults.

And this could happen in one of three ways:

1. It could be an executive order from the President.

2. It could be re-scheduled from Schedule I to Schedule II or III (and then the insurance companies would lobby to make it an over-the-counter drug, once they have to pay for it).

or more likely,

3. California could vote to "tax and regulate" like the city of Oakland did in 2004 with Measure Z.”

Well, number 3 is upon us.

Ballot summary and good links from Chris Conrad and Russ Belville below.

I am voting YES on Prop 19.

Frank Lucido MD

Berkeley, California

Proposition 19 Ballot Summary:

Changes California Law to Legalize Marijuana and Allow It to Be Regulated and Taxed.

Allows people 21 years old or older to possess, cultivate, or transport marijuana for personal use. Permits local governments to regulate and tax commercial production and sale of marijuana to people 21 years old or older. Prohibits people from possessing marijuana on school grounds, using it in public, smoking it while minors are present, or providing it to anyone under 21 years old. Maintains current prohibitions against driving while impaired. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Savings of up to several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Unknown but potentially major tax, fee, and benefit assessment revenues to state and local government related to the production and sale of marijuana products. (09-0024.)

For more info, here are some links to analysis of Prop 19 of people I trust:

From Chris Conrad:

Prop 19 Fact Check / Rumor Control

http://www.taxandregulate.org/prop19anchors.html

From Russ Belville:

California’s Prop 19: A word-for-word analysis

http://stash.norml.org/californias-prop-19-a-word-for-word-analysis?utm_source=twitter&utm_medium=twitter-publisher-main&utm_campaign=twitter

More Prop 19 links sent to me from Chris Conrad:

Yes on Prop 19 Blog:

http://www.yeson19bayarea.blogspot.com/

http://www.taxandregulate.org

Prop 19: http://www.yeson19.com/

Chris Conrad YouTube explanation of why you should Vote Yes on Prop 19 http://www.youtube.com/watch?v=PFHYkL2NkJ4

Chris Conrad debates Dragonfly de la Luz ("Stoners Against Legalization") on why people should Vote Yes on Prop 19 (MP3 file). http://www.mmmab.net/Skyhawk_Prop_19.mp3

Prop 19 in Spanish: Propuesto 19 en Español http://www.taxandregulate.org/propuesta19.html

Dr. Frank Lucido's Blog: Everyone's Entitled to My Opinion

Benefit to Repeal Cannabis Prohibition ! Sat. Jan. 28, 7pm-MN

Let’s Get This Done... REPEAL CANNABIS PROHIBITION !

DrFrank/RCPA need your HELP! Save Jan. 28 on your calendar

RCPA 2012 Endorsement and Publicity Release

Repeal Cannabis Prohibition Act panel, Berkeley, Dec. 3, 1:30-3:30pm; Petition Drive to begin soon; Volunteer Now!

DrFrank: Michigan (Nov 23, 28, 29); RCPA 2012 panel, Berkeley (Dec. 3, 1:30-3:30pm)

Dec. 3, 1:30-3:30pm Repeal Cannabis Prohibition Act of 2012 panel and Q & A

Nov 21-23 Dr Frank Lucido in Michigan (?Nov. 28,29?)

DrFrank's analysis of Repeal Cannabis Prohibition Act of 2012

Repeal Cannabis Prohibition Act of 2012 -Endorsement and Publicity Release

Federal Over-reach & The Small Axe of Repeal: By Joe Rogoway Esq.,

Repeal Cannabis Prohibition Act of 2012 - 9/30/11

Last Call: BENEFIT/Organizing Conference for REPEAL CANNABIS PROHIBITION ACT of 2012, Saturday, October 1, 7pm-MN Oakland, Ca.

BENEFIT party Oct 1 for REPEAL CANNABIS PROHIBITION ACT; Pioneers: Michelle Aldrich, Jim Squatter

REPEAL CANNABIS PROHIBITION Act of 2012 Initiative filed 8/19/11 in Sacramento

Dr.Frank Lucido voted Best of East Bay; Women's Visionary Congress,July 29-31,Petaluma

"Open lawn" at Dr Frank Lucido's East Lansing/Williamston office Sunday July 3, from 3pm-6pm

DrFrank: Sat. June 11 Berkeley & Santa Rosa, Ca: Michigan June 24-July3

DrFrank's Seminar on Arthritis April 16, 3PM Berkeley Public Library; Japanese Nuke Disaster Info links

New Primary Care Patient Special as of March 2011

Medical Board of California confirms ban on the corporate practice of medicine

Frank Lucido MD: Medical-Legal Consulting Services and Fees

Pioneers of Medical Cannabis; ALSO: Feb 19 Women's Visionary Congress event, Berkeley, Ca.

Repeal Prohibition of Cannabis Act of 2012-draft 3.18.11

Survey on 2012 California State Initiative to legalize or regulate cannabis

Why doctors can’t work in/for dispensaries: Conant v McCaffrey, Conant v Walters salient exerpts

Civil disobedience vs civil obedience: when is each appropriate

Nov 13 LEAP Benefit; Nov 19-30: Michigan; Prop 19 wrap-up

Nov. 13 Benefit for LEAP, home of Dr. Lucido, Oakland California (Law Enforcement Against Prohibition)

You can also donate online at:http://leap.cc/cms/index.php?name=Content&pid=1

CONTRIBUTION INFORMATION

Why I’m voting YES on Prop 19 in California

You can also donate online at:
http://leap.cc/cms/index.php?name=Content&pid=1