This is written to provide some input on the question of marijuana. I want to preface my comments with the fact that my granddaughter is a cancer survivor at the tender age of 15. Her treatment involved significant levels of chemotherapy and radiation. There were ongoing complications, including severe nausea. The treatment was a liquid form of cannabis extract that helped significantly. I share this to allow understanding that I support some forms of FDA-approved medicinal use of marijuana but only under direction of a physician using drugs provided by a pharmacy.
Given this background, I would like to submit the following:
Benicia Town Hall survey
This survey and reliance on the results causes me great consternation. I participated in the survey, and I also tested the survey to confirm the veracity of the process. I found that I was able to enter multiple opinions that, depending on the volume entered, could greatly skew the results. I did not enter multiple opinions, only one extra as a test and then in the comment section, I alerted the survey manager of what I had done and why. I have a large number of email accounts and more than one legal address. If I were of the mind to, I could greatly impact the survey. The vendor– Peak Democracy– should address this issue and demonstrate measures installed that will prevent multiple entries in the future. The most common remedy is to link back to the computer used to submit the data, delaying any second entry regardless of email. Given the above, I strongly recommend that the results not be used to help determine a course of action on this matter.
Marijuana in general
I have several questions/comments regarding the establishment of policies to allow dispensaries and/or growth of marijuana in Benicia. I personally believe that we should not allow either to exist regardless of the state law legalizing it. I believe there are a number of unsettled issues that until resolved should cause the city to reject any effort to allow marijuana dispensaries and/or growth of marijuana. Some of the unsettled issues are listed below.
Federal law
Marijuana is a Schedule 1substance under the Federal Controlled Substance Act that criminalizes possession, manufacturing, distribution and sale of said drug. In addition, federal law supersedes any state or local law regardless of circumstances. While it is acknowledged that the past eight years of the Obama administration have not enforced this law, it is highly likely that the current administration– namely the attorney general– will enforce this law. In addition, it should be a personal conundrum for each of our public servants, mayor and City Council since they each swore an oath of office to uphold the laws and Constitution of the United States. Knowing the law and choosing to violate that law allows each individual to be charged with a willful violation of that law should the government decide to enforce this statute.
Risks of marijuana use
Some time ago, the city passed an ordinance that, once approved, significantly changed the city code pertaining to smoking, including marijuana (Title 9, Chapter 9.06). The material assembled to support the ordinance was significant and thorough. I recommend that an equally thorough effort be applied to the issue of marijuana and why the city should not be an enabler to the use of this illegal drug. A few areas to explore are:
* What are the addictive attributes of marijuana on those that experiment, teenager use and those who use on a daily basis?
* Is medical marijuana FDA approved?
* What substances are the known risks of marijuana usage?
**How has the potency increased over the past several years, and what are the implications?
**Are edible marijuana products really 10 times stronger than a joint?
**Does smoking marijuana really reach the brain in 7 seconds thereby reducing additional use?
**Do marijuana cookies really take an hour or more for effects to be felt thereby contributing to significant higher levels of use?
**How has accidental overdosing to children increased in Colorado over the years?
**Is it known that children are exposed to pot during pregnancy or during the breastfeeding of babies?
**What are the additional implications of marijuana use by teenagers and/or pre-teen youth?
** Is marijuana a gateway drug to much more dangerous illegal drugs?
** Does marijuana usage increase the risk of mental illness, cancer or heart disease?
** What are the results of recent studies regarding car accidents in states that have legalized marijuana like Colorado and Oregon?
* What are the legal issues presented to employers in Benicia who embrace a drug free environment, enforce pre-employment drug testing for employees that are either motorized or work with/around dangerous equipment?
** What is the perceived exposure for a city that adopts enabling use of marijuana ordinances thereby creating a conflict with a company enforcing drug free environment?
** Do employees know that employers using hair samples as a drug screen are able to document drug usage for the past 90-plus days?
The above list is not all inclusive but represents a good start for thoughtful exploration of this subject. My bottom line is that this issue is one that Benicia is wise to avoid in all aspects. The jury is out as to what the feds will do in the next year or so, and it seems unwise to authorize the establishment of businesses that may not be legal.
Dennis Lowry is a Benicia resident.
Sharing is caring!
The generous use of the m word indicates an implicit bias, similar to what I have observed in staff reports. There is no reason to use this crude word in lieu of the proper botanical reference. The state’s turn towards using “cannabis” exclusively should be proof enough that the filthy m word is on the way out.
Cannabis oil is not approved by the FDA. The granddaughter’s clinician recommended it even though the DEA says it has no medicinal value, and it gave her welcome relief, as it has millions of others. The clinician did not get the oil from any pharmacy, it had to have been acquired from a legal dispensary.
The online poll could be manipulated to skew results, but since either side could do so makes the poll reflective of the support for cannabis in Benicia. The Prop. 64 vote last year indicated a convincing majority of Benicians to be supportive of adult-use cannabis. What we were not able to determine by that vote is how many of us support only medicinal use. With the poll results showing 15%,for medicinal use only, that value can rightfully be added to the percentage for adult-use, indicating close to 75% of the Benicia community supports cannabis and welcomes tax revenue from regulation. We will be able to expand PD staffing to escort bags of cash to the Finance Department.
Further research and education about cannabis is ongoing, but comprehensive studies of the medicinal applications of cannabis are stalled by the DEAs tight grip on cannabis as a Schedule I drug. The DEA does not have the staff or budget to start raiding cities because of cannabis legalization or they would have done so in Colorado by now.. Local officials have nothing to fear in supporting the will of the majority, not advocating for continued analysis paralysis and more voice harvesting. Prop. 64 passed convincingly in all eight Benicia precincts. Cannabis is becoming increasingly popular all across America.
The ten permitted dispensaries in Vallejo are frustrated by that city’s failure to show any movement on approving cultivators and processors, so the door is wide open for Benicia to roll out the welcome mat for them. Our strategy should be to approve dispensaries first and deal with cultivation/processing after that. It will take time for planning, design, hearings, and permits for cultivators/processors, plus a couple months or so after approvals to the first crop harvest, but dispensaries can still get their products from a number of distributors. We won’t be able to apply the local tax until 2019, but we will have a good indication by 2018 consumer interest to develop future budget appropriations to include new revenue from cannabusiness.
Our policy should be approve only cannabis products derived from CO2 extraction processes. If you still want to make smoke to suck on, you can get bud 7 miles away. Denial of bud sales makes Benicia less attractive to those seeking same, and more attractive to connoisseurs and touri$t$ with an eye towards top-tier product selections. I envision the Benicia of the future to be similar to Berkeley’s Fourth Street, driven by top-tier cannabis, fine dining, entertainment, art, antiques, and high fashion.
Stan just how much cash is the City o0f Benicia going to get. Do you know. If so give us a breakdown. Your last math explanation needed proof.
Cannabis is not a botanical name. It is the genus portion of the taxonometric name for the plant (dare I say) marijuana or pot or hemp or hashhish (commonly used in France).
Sativa is the species and the correct usage would be C. sativa as there are numerous species under the same genus. It is derived from Greek via Latin.
An easy google search will quickly convince one of a concerted “rebranding” and marketing campaign, started not too many years ago. Apparently Cannabis does much better in polling and with focus groups than marijuana when trying to persuade voters and legislators. Nonetheless, marijuana remains far more used in the press and in google searches than Cannabis, although thanks to the campaign the latter has a modest upward trend.
Dennis outstanding article. You will get negative feedback from some locals. But your article does bring out questions and issues., This issue must have further study by the City Council. It is not a slam dunk. Thank you for taking the time to give the residents another view. I support what you are saying.
I believe the vast majority of the questions, if even relevant to the current “issue”, can be easily answered by doing some simple research on the internet. These really seem to be questions that would be asked by someone who is behind the curve and just now at a point where they have question (presumably brought on by the results of the last election). However, as implied above these, are considerations that have been addressed ad-nauseum over the last several decades. None-the-less and regardless of whether the City of Benicia wants to beat the dead horse represented by these questions, if Benicia decides to not allow cannabis operations, the city will most likely be an island among other cities that strive to get past those stuck in “Reefer Madness” mindset.
There is a two week break until the next council meeting. Plenty of time for elected officials to correspond with elected officials in Sebastopol and Cotati to arrange a visit to their respective dispensaries and speak with neighboring businesses in order to get a first hand observation about concerns of crime around dispensaries.
I used to go to Sebastopol until Vallejo started allowing dispensaries. The Vallejo dispensaries are clean and well run with nice young folks behind the counter. Problem is, once you leave, you are back in Vallejo and it has become run down just about everywhere. I would love to be able to shop in Benicia and I’ll bet a lot of Vallejo patients would rather shop on First Street than lower Tennessee Street. I think it is a good idea to not sell “weed” because it attracts a certain crowd I would just as soon keep out of our town.
Federal Law:
The 10th Amendment allows States to opt out of supporting Federal laws, provided the state government undergoes the proper methods to do so. In addition, Congress approved a change to the Consolidated Appropriations Act, disallowing the DOJ from using any resources to prosecute individuals who are following state cannabis law, even if it violates federal ruling. As such, there is no need for a moral conflict in elected officials.
Risks of marijuana use:
Many of your risk questions are already researched and documented. Of them, we have a number such as these:
* What are the addictive attributes of marijuana on those that experiment, teenager use and those who use on a daily basis?
* What substances are the known risks of marijuana usage?
**How has the potency increased over the past several years, and what are the implications?
**How has accidental overdosing to children increased in Colorado over the years?
**Is it known that children are exposed to pot during pregnancy or during the breastfeeding of babies?
**What are the additional implications of marijuana use by teenagers and/or pre-teen youth?
** Is marijuana a gateway drug to much more dangerous illegal drugs?
** Does marijuana usage increase the risk of mental illness, cancer or heart disease?
** What are the results of recent studies regarding car accidents in states that have legalized marijuana like Colorado and Oregon?
* What are the legal issues presented to employers in Benicia who embrace a drug free environment, enforce pre-employment drug testing for employees that are either motorized or work with/around dangerous equipment?
** What is the perceived exposure for a city that adopts enabling use of marijuana ordinances thereby creating a conflict with a company enforcing drug free environment?
All of these concerns may also be freely applied to prescription medication, caffeine, and alcohol. Alcohol is likely the most similar in terms of legal structure, so if we use it as a point of reference, I think it’s fair to ask: why do we allow alcohol so freely, despite the numerous concerns that anyone could bring up? We don’t even need further research on it as an addictive, damaging substance, nor do we need to consider if advertising will sway youths, since we already know full well that underage drinking is a thing, and is commonplace in Benicia. The question I would ask of the author is, would you be equally in support of legislation making Benicia a dry city, where the consumption, selling, and manufacturing of alcohol is illegal? There are still cities and counties around the country that have these laws in place, for the sake of safety.
If I were to go forward to bringing forth laws to Benicia to outlaw all beer, wine, and spirits, would you offer me your vocal and public support, Mr, Lowry?
One of the concerns expressed at the online cannabis poll was increased teen use/abuse if we permit dispensaries. The indications coming out of Colorado post-legalization are decreased interest in cannabis by youth. Maybe because it is no longer a forbidden fruit, but more likely Colorado youth are becoming educated in the consequences of frequent use by adolescents. One respondent in the poll shared that cannabis at BHS was a “huge problem”. This is inconsistent with BHS performance ranking in SAT scores and graduation rates ringing up 98%. I would like to hear more about what the huge problem is.
The article was not about alcohol. It was about cannabis. I think the writers concerns are very important. I have also said there is more to know and this issue not necessarily a slam dunk. My feeling all along has been it will pass but maybe not as maybe you or Stan want it to pass. Please take note I used the word maybe.. I think challenging someone on their beliefs and facts does not always solve the issue. Mr. Lowry makes some very good points and they should be considered. For sure the employer/employee issue. If others do not think that is an issue so be it. I do think it is an issue. Pregnancy also. Nothing wrong with being concerned and also we should talk about them. I do not want unintended consequences or attractive nuisances. I hope we proceed with caution.
Certainly, but I want to make sure we lay out consistency of value. The reason I brought up alcohol is because it qualifies for the majority of concerns brought up. Therefore, either alcohol must also be a problem, and should be outlawed, or there is some other, underlying reason that the author has. The particular questions I focused on, I picked because their merits can be either equally or more so applied to alcohol, and so I would like to know the author’s position. If he is in support of banning alcohol as well, for the safety of the children, I 100% understand. If not, I would like to know why these worries are so prominent when substance abuse is already so available through alcohol, and nobody has tried to stop it.
Wrong time to bring alcohol into the topic. It can also be discussed when it is a topic for discussion. I do not think it will be a topic unless it is to ban its use in the City of Benicia parks. ,That might be a time to bring it up. It is not part of the Cannabis decision at present nor will it ever be. I do not mind your comments except they will go nowhere. At another time they could very well be important but not now.
Your inability to understand comparitive value judgements is sad, but ultimately not worth delving into.
BB you can attack me all you want. You always want to pick a fight with me. You just made a personal attack on me about my opinion. BB alcohol and Cannabis are two different issues. I am not sure just what you are trying to do.
I am going to respond to comments, made by a couple of individuals, this one time. I do not feel this thread is the forum to debate this issue. I do feel it important to have a public discussion with our representatives exploring all of the issues listed in addition to other parameters.
Marijuana vs. Cannabis — My understanding is that the proper Scientific Name is Cannabis sativa L. I also confirmed that there are more than a dozen other species names used to describe marijuana. Family: Cannabaceae. (Source: drugs.com) The pivotal shift from the name Marijuana to Cannabis is typical of any effort to gain support of something heretofore not accepted. I think to include the full spectrum of participation continuing to call it Marijuana is appropriate for the layperson.
FDA Approved drug — I should have been more clear in my article, correctly stating the FDA approved drug was taken with liquid not in a liquid form. It is important to understand that the FDA has approved two drugs made with cannabinoids – active ingredients in marijuana – called dronabinol and nabilone. Both are FDA approved to treat chemotherapy-related nausea and vomiting in patients who aren’t helped by other therapies. The primary difference is a Cannabis plant includes more than 400 different chemicals, of which about 70 are cannabinoids In comparison, typical government-approved medications contain only 1 or 2 chemicals.
Alcohol vs. Cannabis / Marijuana — There is one significant difference between the two. That difference is there are tests to verify is one is under the influence of alcolhol i.e. brethalizer. Presently, there is no immediate test vehicle to help law enforcement determine if someone is exceeding a limit that has not been established by law. I think the data relating to the increase in motor vehicles in states that have adopted recreational / medical marijuana is most telling and should be strongly considered.
Questions are already answered – A couple of respondents indicated all of the research has been done on the questions I listed. If so, I think it prudent to produce those answers to the City Council for their consideration including accepting comments from the public. I think the answers to a number of these questions are troublesome and should cause one great pause before adopting any resolution to support. However, submitting them in the forum of a public hearing will allow each to form their own opinion.
Dry Benicia – No I would not and I do not believe my position is hypocritical. I believe in personal responsibility and accountability. Alcohol has legal limits and law enforcement has parameters with which to enforce those limits. My best friend died of Liver Cancer caused by excessive drinking of Alcohol. He paid the ultimate price for his decision. Marijuana does not have legal limits, at this time. The side effects of excessive use may result in significant medical problems or death. In either case, it is the consequence of his/her personal choice. . Once tests are proven and in place to hold each individual accountable for his/her use of Marijuana to some established legal limit, then I might be inclined to support Marijuana equally with Alcohol.
Part of the reason cannabis lacks these definable changes is that there isnt really much in the way of “overdose” potential. Alcohol has a very direct effect on the body’s health, cannabis less so. However, there this does create the problem you describe; being that there isn’t a way to determine one’s impairment. Admittedly, we already have this problem for many pills, caffeine, and sugar, all of which have motor impairments when misused. All the same, your point of a lack of enforcement potential is very valid, and an understandable reason to raise concern.
“The pivotal shift from the name Marijuana to Cannabis is typical of any effort to gain support of something heretofore not accepted”
-The filthy m word was introduced by early prohibitionists in the 1930s to demonize cannabis smoking as well as on-the-shelf medications made from it. Coincidentally, pharmaceutical companies pushing opioid drugs began to emerge and grow into the monster they are today. Cannabis has gained support all across the nation and around the world. This is a pivotal shift to restore cannabis to where it was before Anslinger and Hearst starting ripping into it and telling lies. Prop. 215 for medicinal use cannabis was said to be a fad limited to California that has spread to close to 30 states and rising. Red state conservatives that support cannabis are winning over hard line prohibitionists.
“It is important to understand that the FDA has approved two drugs made with cannabinoids – active ingredients in marijuana – called dronabinol and nabilone.”
-The FDA has approved three synthetic cannabinoid drugs cooked up by pharmaceutical companies. None of them contain plant-derived cannabinoids. It is the “entourage effect” from the totality of the plant cannabinoids that is still being studied by researchers. These synthetics rack up hundreds of millions of dollars profit for the pharmaceutical industry and come with risks of severe side effects. Conversely, a UK pharmaceutical company has developed two actual plant-based medications to treat MS spasticity and epilepsy-related conditions in children. Sativex and Epidiolex are not yet approved by the FDA for use in the US.
This forum is exactly the place to debate any issue. Elected officials and staff are reading these and do not need more extended hearings to form an opinion. All five council members agreed to end the prohibition on cannabis in Benicia, the voters have spoken on adult-use, and the online poll reaffirmed the prevailing sentiments. The state is moving fast on new regs and we should be too. One public hearing this month is all we need to get going on this huge economic opportunity that will reduce vacancies in the Industrial Park, provide safe access for Benicia cannabis consumers, and swell our General Fund after we impose the special tax in November 2018. Hopefully, the tax can be effective the next day instead of waiting for Jan. 1, 2019.
Hope your granddaughter is doing well these days. Should there be a future need for relief of treatment side effects, I suggest trying CBD oil instead of the synthetics. It is available at Amazon. Some medicinal consumers swear by Rick Simpson Oil as a therapy for cancer, but it contains THC and can only be acquired at a dispensary. Simpson claims his oil concoction cured his skin cancer, but more research is needed on this and many other medicinal applications of cannabis. Straight CBD oil is derived from hemp and contains only trace amounts of THC.