Have You Heard About the "Weaseling" of the California Medical Marijuana Law?

Medical Cannibis Bus Owners Are in Jail Facing Federal Drug Charges

Sharon Early
California passed laws in the last few years allowing for what is called medicinal marijuana for people with terminal illnesses and or conditions that bring constant pain like Multiple Sclerosis, Crohns disease, Fibromyalgia, and leukemia. These people have gotten the medical prescription from a licensed medical facility and have complete medical documentation of their need of this medication. They are not subsidised by Medicare or HMO coverage in the purchase of this medication.

Things were seemingly going fine with the medicinal marijuana laws when suddenly this month the federal govenrnment has sworn out affadavits and warrants not for the legal prescription holders but for the owners of the medicinal marijuana distribution centers. Also for the managers and employees saying that they are violating federal laws pertaining to the transport and posession of marijuana for sale. They are revoking their business licenses and shutting down their businesses. Jailing the owners because they are not prescription holders and because they are selling marijuana.
The following is an article taken from the local newspaper in the Coachella Valley

As reported on thedesertsun.com, Stacy Hochanadel, owner of the CannaHelp dispensary in Palm Desert, and James Campbell and John Bednar, managers at the dispensary, have been charged with three felony counts each on suspicion of possession, sale and transportation of marijuana and "keeping a place to sell controlled substances."

The three turned themselves in Monday at the Riverside County Jail in Indio, where their bails were set at $50,000 each.

They are scheduled to appear in court this morning.

Under California state law, medical use of marijuana is allowed for patients with a doctor's letter of recommendation but the drug cannot be sold for profit.

Federal law bans all use, cultivation or sale of the drug.

Hochanadel's wife, Shana, said in a phone interview the family's income is "nothing near" the amounts claimed. She and Hochanadel have three daughters.

"It's not true because I am the one who he gives the money to so I can pay our bills," Shana Hochanadel said in a phone interview Monday. "We're living in a rundown home and if we had all this money our bills would be paid and our house would be fixed."

The dispensary at 73-350 El Paseo remains open, staffed by employees and volunteers.

The warrant for Hochanadel's arrest details the findings of the Riverside County Sheriff's Department investigation of CannaHelp's business operations and profits following a search and seizure raid on Dec. 1.
The warrant signed by sheriff's Investigator Robert Garcia claims:

Hochanadel said the business, which operates with a city-issued business license, grossed about $1.6 million in its first year of operation, from October 2005 to October 2006. Expected profits for 2006 are $1.7 million.

The business grosses about $40,000 a week, half of which goes toward expenses, including buying medical marijuana, paying employees and paying taxes. The remaining $20,000 is split between Hochanadel, Campbell and Bednar, with Hochanadel getting half and the two mangers getting 25 percent a piece.

Records for the week of Nov. 3-9 show Hochanadel received more than $10,000 in pay, while Campbell and Bednar received more than $5,000 each. All staff members are paid in cash.

Hochanadel said he puts $8,000 a week back into the business to keep prices low for patients, but the available records do not show this.

Employees at the dispensary said they are paid $350 to $400 a week.

The dispensary purchases marijuana from patients and vendors, and sells it at a markup of 20 to 90 percent.

I fail to believe that the federal government has an interest in seeing sick people suffering with out their medicine. Because the prescribed users are now protected by the laws that have been put in place they are weaseling their way around the law by federally prosecuting dispensaries that are acting in the capacity as pharmacists to these ill and terminal patients who rely on them for this medication. Why if it is legal for the prescribed recipients to possess and use is it not legal to provide an avenue for them to continue receiving their prescribed medicine instead of forcing them out into the streets to purchase their medication illegally and put them in danger of being arrested themselves. I don't think this is what California voters intended.

Published by Sharon Early

Ms. Early is 36 years old. Living in North Palm Springs, adjacent to the ultra luxury community of Palm Springs, California. She has 4 children, and has had an interest in Health, Human Longevity, and Homeop...  View profile

  • I fail to believe that the federal government has an interest in seeing sick people suffering with out their medicine.
  • Because the prescribed users are now protected by the laws that have been put in place they are weaseling their way around the law by federally prosecuting dispensaries that are acting in the capacity as pharmacists
  • Things were seemingly going fine with the medicinal marijuana laws when suddenly this month the federal govenrnment has sworn out affadavits and warrants not for the legal prescription holders but for the owners of the medicinal marijuana distribution cen
I voted in favor of the California medicinal cannabis law!

4 Comments

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  • my name is dadoue8/25/2010

    i been in pain for eight years after an injury at work i had three surgery in my shoulder and i have a spinal cord stimulator in my spine for the rest of my life he help me 75/%
    i still have to take dilaudid wellbutrin and lunesta to sleep i want to know if i could come to try marijuana for my chronic pain but i leave in NY can sandiego accept workers comp please save my life try the marijana for pain im tired taking drugs. THANK YOU MY EMAIL IS:GFERNANDEZ22@YAHOO.COM

  • Tony Lewis8/6/2010

    Well I enjoyed your article, having seen this myself real-time. I moved to California for 5 months. In that time, I witnessed a lot of medical marijuana dispensaries in my area - I watched them evolve, grow, change, and some got shut down. Interesting topic, if I must say so myself.

  • Regarding Tom Hayden's Comment: Being morally corr11/2/2009

    Being morally correct in one issue does not automatically bestow moral correctness on every other issue the federal government currently controlls. When two opposing sides have valid points and concerns, some consideration of one for the other will have to be made. The right to have a safe and effective treatment for illness should not be unfairly removed because of hysteria over a particular substance. Government exists at the will of the people and for people. Public safety and health and public and private freedoms always need to be carefully ballanced.

  • Tom Hayden2/7/2007

    Federal law is a higher form of law than state law. Under the law federal laws a binding on every state. A state law cannot change a federal law. State laws that conflict with federal laws are not valid. The people of the State of California have no power to over rule federal law. This same higher law is the reason we no longer have slavery, that we have auto safety standards and drug and medical standards. Every one of these laws started at the federal level. In the case of Slavery this country fought a war called the civil war over states rights over federal rights. The federal right won. The federal law setting people of color free won over the rights of states to allow slavery. Arn't you glad the fed's won? That was not the federal laws weaseling the states right of slavery. Your need to study your history.

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