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News (Media Awareness Project) - US CA: Medical Marijuana Is a Growing Controversy
Title:US CA: Medical Marijuana Is a Growing Controversy
Published On:2006-02-23
Source:Desert Sun, The (Palm Springs, CA)
Fetched On:2008-08-18 19:57:10
MEDICAL MARIJUANA IS A GROWING CONTROVERSY

Medical Outlet, City Council in Murky Legal Water

Stacy Hochanadel wakes up most mornings wondering if today is the day
he'll get arrested.

The 29-year-old is the owner of CannaHelp, a medical marijuana
dispensary on El Paseo in Palm Desert. Every day he walks a fine line
between California's medical marijuana laws, which say what he's
doing is legal, and federal anti-drug laws, which say he's a criminal.

"Anything can happen," said Hochanadel, a medical marijuana user
himself. "I could get arrested. I'm willing to do it."

But today, what's preoccupying Hochanadel and the close to 500
clients at his dispensary is whether the Palm Desert City Council
will vote at its meeting to revoke CannaHelp's business license.

And if they do, dispensary supporters say, CannaHelp's future - and
safe access to medical marijuana in the area - could be severely affected.

"He's providing (medical marijuana) for people who cannot obtain it
by growing their own," said Lanny Swerdlow of Palm Springs, who heads
the Marijuana Anti-Prohibition Project, a patient support group.
"Otherwise they'll have to turn to criminals back on the street."

The city issued the license last October when Hochanadel opened the
dispensary, then called Hempie's, at 73-350 El Paseo. But some
officials are now having second thoughts because of police concerns
about the legitimacy of some of Hochanadel's clients.

"I think the unregulated nature of (medical marijuana) troubles
people," said Palm Desert Mayor Jim Ferguson, "and if you attempt to
regulate, it troubles the advocates."

From October to early January, Palm Desert police cited or arrested
seven CannaHelp clients - in one case for attempting to sell
marijuana purchased at the dispensary to two teens and in another for
sharing it with others who were not dispensary customers. In the
other incidents, police were unable to verify the doctors' letters of
recommendation the clients were carrying and confiscated the medical marijuana.

"We're sitting in a gray area," said Lt. Steve Thetford, Palm
Desert's assistant chief of police. Federal law prohibits possessing,
using or growing marijuana, and Thetford said vaguely written state
laws are part of the problem in California.

"With medical marijuana dispensaries, you have an independently run
place without any kind of background verification of (the owner's)
qualifications to run the operation."

A Tour of the Site

A trip to CannaHelp begins in a front room where first-time customers
must produce valid California identification and a doctor's letter of
recommendation. Dispensary staff verify the letter with the doctor
and also verify the doctor's credentials using the state Medical
Licensing Board Web site.

Dr. Robert F. Sterner of San Diego is one of the doctors who
regularly writes letters for patients, and he said he turns down
about 15 percent of the people who come to him.

"A 19-year-old or 18-year-old will come in complaining of anxiety,"
he said. "Unless I see an extensive chart, they leave the
recommendation (form) here."

Sterner estimates about 15 percent of his medical marijuana patients
come from Riverside County.

Once verified, patients then join the collective by signing a form
that designates CannaHelp as their primary caregiver. This allows the
dispensary to grow or otherwise obtain medical marijuana for them -
and they get a sheet of house rules.

Hochanadel also has a no-tolerance policy on smoking pot anywhere
near the dispensary or giving medical marijuana to anyone for
nonmedical purposes.

Those who have their ID and letter of recommendation go through two
doors to the heart of the dispensary, a room with two counters
displaying the cannabis, in both smokeable and edible forms. Patients
can sniff and buy marijuana from two shelves of samples in dried or
concentrated form, with names like "Outdoor Diesel" or "Afghan Wreck."

"I feel like I'm at a perfume counter and I've confused all the
smells," Cindy Moroni, a first-time customer, said on a recent visit.

The edibles are even more intriguing - from pot-infused olive oil and
peanut butter and jelly to a line of candy bars made by an Oakland
company, Tainted. And, of course, Hochanadel stocks marijuana brownies.

For Alan Layton of La Quinta, the dispensary provides the safety of
legal legitimacy.

Layton has been using medical marijuana for a depressive disorder for
more than 30 years and recalled "flying under the wire" before the
state laws were passed.

"It was terrible," he said. "You're labeled a criminal whether you're
involved in criminal activity or not."

Keeping It Stocked

The other part of the operation is creating a stable, high-quality
supply of medical marijuana, or "product," as Hochanadel calls it.
Medical marijuana is different - purer and more potent - than commercial pot.

Hochanadel buys from growers in Northern and Southern California. He
is also teaching interested clients how to set up "grow rooms" to
create a stable and quality-controlled source of medical marijuana
for the dispensary.

Hochanadel said he spends his nights going to three or four a week,
"gardening, giving nutrient, making sure the air temperature is right."

A typical room, located in the garage of one of Hochanadel's clients,
is a carefully controlled environment. A digital panel regulates
temperature and lighting and shoots carbon dioxide into the room,
which helps the plants grow bigger and faster.

About 70 plants, from cuttings taking root to mature plants with buds
bursting, are constantly growing. A folder of paperwork hanging on
the wall includes the authorizations from CannaHelp patients allowing
Hochanadel to grow medical marijuana for them, which makes the grow room legal.

The growing cycle takes about eight weeks from start to finish and
can yield several pounds of marijuana.

Hochanadel said the more he grows locally, the more he can cut prices
for his customers. Prices now range from $15 to $35 for a gram all
the way up to $700 for an ounce.

Sales remain strong - over $134,000 since Jan. 1 - so, Hochanadel is
also starting a scholarship fund to help low-income customers.

Swerdlow sees the dispensary as a community service and vital part of
the retail scene on El Paseo.

"Everyone goes to Palm Desert to do their shopping," he said. "So
having a dispensary in the retail center of the Coachella Valley makes sense."

What It's Prescribed For

Under California law, medical marijuana may be used for the relief of
"chronic medical conditions," including:

# HIV/AIDS

# Anorexia

# Arthritis

# Wasting syndrome

# Cancer

# Chronic pain

# Glaucoma

# Migraines

# Persistent muscle spasms, including but not limited to those
associated with multiple sclerosis

# Seizures, including but not limited to those associated with epilepsy

# Severe nausea

Where They Stand

On Oct. 27, 2005, the Palm Desert City Council unanimously voted not
to approve a proposed ban on medical marijuana dispensaries in the
city. Now, facing a possible vote on revoking CannaHelp's business
license, opinions on the council are split.

Mayor Jim Ferguson: "(I'm) conflicted. The dispensary issue, now that
our attorneys have had a chance to look at it, is not explicitly
allowed or disallowed. I haven't gotten a single phone call or letter
from anyone in Palm Desert complaining about this. I don't take that
as an approval; I take that as absence of a problem."

Mayor Pro Tem Richard S. Kelly: "We're going to have a public hearing
(today). I don't have any opinion until I hear the (testimony)."

Councilman Buford Crites: "I voted to follow the state law (in
October) and have been very comfortable with that vote. If there are
new data I need to know, then fair enough. We'll look at it and talk about it."

Councilman Robert A. Spiegel: "It's a real conundrum. Our state
Legislature has not come out with proper rules on how to regulate
(medical marijuana). I personally would prefer to see medical
marijuana sold at a pharmacy the same as other drugs."

Councilwoman Jean Benson: Could not be reached for comment Wednesday.

Nonsmokers' Menu

CannaHelp stocks an extensive selection of medical marijuana edibles
for those who don't smoke.

# Olive oil

# Honey

# Blueberry and strawberry fruit syrups

# Soup mixes

# Peanut butter and jelly

# Chocolate syrup

# Brownies and cookies

# Baklava

# Granola bars

# Candy bars -- from peanut butter cups and white chocolate to
chocolate-covered caramel bars
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