ASA's Return of Property Campaign a Huge Success!

ASA's Return of Property Campaign a Huge Success!

In the summer of 2004 Americans for Safe Access (ASA) launched a
campaign to demand back medical marijuana which was wrongfully seized
from patients and caregivers.

The campaign began on August 17th with a mass filing of motions for
return of property by dozens of patients in county courthouses across
California. Patients finally got a chance to say "NO" to police who
seize first and ask questions later. Patients in thirty-six counties
participated in the mass filing and sought the return of nearly $1
million worth of plants and manicured medical marijuana.

To complement the mass filing, ASA released a report explaining the
extent to which rights violations are occurring by law enforcement
across the state and the widespread lack of compliance with and
enforcement of the Compassionate Use Act and SB420.

Read the report, "Out of Compliance"
http://www.safeaccessnow.org/article.php?id=1487

ASA highlighted the mass filing with a press event at San Francisco
Superior Court -- with caregiver Tony Bowles seeking return of his
mother's medicinal cannabis. In addition, ASA hosted a media
tele-conference with guests like State Assemblymember Mark Leno, Former
police officer and current medical marijuana patient and law enforcement
trainer Kevin Lewis, and three patients from around the state who filed
that day, speaking pointedly on the need for change.

Read the news articles from these events
http://www.safeaccessnow.org/article.php?id=1365

Nearly four months later, many patients have successfully petitioned the
courts for their medicine. A number of them have been successful so far,
resulting in the return of dozens of plants and multiple pounds of dried
medical marijuana. Others are awaiting hearing dates to have their
chance at regaining what is rightfully theirs. This is a clear example
of empowered patients taking charge of their own legal situation and
demanding justice!

Despite a number of people being denied the return of their medicine by
the courts, ASA is working on appeals that will hopefully create useful
case law. In another return of property case, ASA is going to federal
court to fight a "due process" violation where the Contra Costa Sheriff
Department covertly destroyed a patient's medicine knowing full well he
intended to seek its return.

To round out the return of property campaign, ASA is working with
Emeryville patient Jim Blair on a lawsuit for monetary damages resulting
from his wrongful arrest and seizure. After Blair's case was dismissed,
he was granted a court order for return of his 30 mature plants and the
cultivation equipment he used to grow them. Emeryville Police initially
refused to return his property and under the threat of contempt finally
agreed. However, when Blair went to pick up his property he was informed
that most of it was stolen during a burglary of the Emeryville police
storage locker (including the usable portion of his plants). ASA is
representing Blair in filing a civil suit against the City of Emeryville
and Emeryville Police Department and is using the Bane Civil Rights Act
to seek triple damages.

ASA continues to get calls from patients wanting to take part in the
return of property campaign and send a message to law enforcement by
demanding back their unlawfully seized property. The good news is that
this campaign is ongoing, and ASA will continue to support those who
wish to get their property back for as long as we need to. This is only
the beginning!

It is ASA's aim that state courts and local law enforcement conform to
state law not only in California but in other states where medical
marijuana is legal. The model of patients demanding and fighting for the
return of their medicine can and should be replicated! Passage of
referendums and legislation is often only the first step to ensuring
safe access. As such, ASA will be working with municipalities and
counties throughout California to adopt sensible police policies around
medical marijuana (currently a majority of law enforcement agencies have
NO policy at all).

ASA appreciates the support of everyone who joined in and is helping out
with the Return of Property campaign. It was, is, and will continue to
be a huge success in changing how patients and caregivers are treated in
California.



--
Kris Hermes
Legal Support Coordinator
Americans for Safe Access
http://www.safeaccessnow.org
1700 Shattuck Ave. #317
Berkeley, CA 94709
Phone: 510-486-8083 x307
Fax: 510-486-8090
Email: kris [at] safeaccessnow.org

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