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ASA California Weekly Alert: August 15th 2008
ASA California Weekly Alert: August 15th 2008
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------------------------------------------------------------------------
ASA California Weekly Alert: August 15th 2008
------------------------------------------------------------------------
*Weekly Round Up*
California Supreme Court Grants Review in People v. Kelly
Mendocino "Yes on B" Group Pressures Council to Stiffen Penalties for Medical Cannabis
Patients
Protesters Demand I.D. Cards from San Bernardino County *Take Action*
Last Chance to Support AB 2279! Call Your Senator Immediately!
*Chapter and Affiliate Meetings*
Saturday, August 16th: Los Angeles - L.A. ASA Meeting
Tuesday, August 19th: Sacramento - ASA / Compassionate Coalition Meeting
Tuesday, August 19th: Fresno - Fresno ASA Meeting
Thursday, August 21st: Arcata - Humboldt County ASA Meeting
Tuesday, August 26th: San Francisco - SF ASA Meeting
Wednesday, August 27th: Oakland - East Bay ASA Meeting
*City and County Hearings*
Wednesday, August 20th - Arcata City Council to Consider Dispensary Guidelines
*
Court Support*
Monday, August 18th: Fresno - Monica Valencia - Sentencing Hearing
Monday, August 25th: Galen and Laura Lawton Trial
Wednesday, September 3rd, Oakland: Tainted's Mickey Martin and Jessica Sanders Sentencing
Hearing
*Special Events*
Monday, October 6: Los Angeles - Charles Lynch Sentencing Day of Action
------------------------------------------------------------------------
California Icon Weekly Round Up
------------------------------------------------------------------------
*California Supreme Court Considers Medical Cannabis Again *
*by Joseph Elford, ASA Chief Legal Counsel
*Just as many would have thought that the SB 420 guidelines
http://www.safeaccessnow.org/article.php?list=type&type=186 of 8 ounces and 12 immature
or six mature plants were a dead letter --- a blessing for some a nightmare for others
--- the California Supreme Court granted review of People v. Kelly,
http://safeaccessnow.org/blog/?p=104 which held that the SB 420 quantities are "limits"
on the amount of marijuana a qualified patient may possess and, as such, constitute an
unconstitutional amendment of a voter-approved initiative. Another Court of Appeal agreed
in People v. Phomphakdy http://safeaccessnow.org/blog/?p=135, so it appeared that the
SB 420 guidelines were done.
For some, this was a good thing, as many law enforcement officers applied the SB 420
quantities as limits on the amount of marijuana patients may possess and busted patients
who had anymore than 8 ounces or six mature plants. For others, this was a potential
nightmare, since police in some communities may well go back to busting patients who have
as little as an ounce or one or two plants.
So, without taking any pleasure from the process, we filed a letter with the California
Supreme Court requesting depublication of the Kelly decision. Although we agreed the
result of the Kelly decision and love the fact that yet another court has sided with
patients, we felt it was important for the California Supreme Court to hear our view ---
that the SB 420 guidelines are thresholds, not ceilings. Patients should have a safe
harbor and the Kelly decision, though well-intentioned, took that safe harbor away.
Yesterday, the California Supreme Court granted review of the Kelly decision, framing the
issues as follows:
(1) does Health & Safety Code section 11362.77 violate the California Constitution by
amending the Compassionate Use Act without voter approval?; and (2) were there
alternative remedies to invalidating section 11362.77 in its entirety?
This bodes well for Mr. Kelly and the rest of us, as it appears that the Court will
likely affirm the reversal of Mr. Kelly's convictions, while maintaining that the SB 420
guidelines are constitutional, at least as they apply only to patients with
identification cards or if they are interpreted as thresholds. Meanwhile, the Kelly case
is depublished and the SB 420 guidelines will remain in effect.
------------------------------------------------------------------------
Mendocino "Yes on B" Group Pressures Council to Stiffen Penalties
for Medical Cannabis Patients Earlier this year, a group of Mendocino County
citizens pushed a ballot initiative that reduced the number of medical cannabis plants
allowed by qualified patients under local guidelines. Now, the "Yes on B Coalition" has
petitioned the Mendocino County Supervisors to alter the County Code
http://www.mmmab.net/9.31_Marijuana_Ord.pdf, turning what are currently minor
infractions against patients into criminal matters.
http://www.ukiahdailyjournal.com/ci_10185525
Ukiah resident Larry Puterbaugh asked the supervisors to make cannabis that can be seen
or smelled from adjoining properties punishable as criminal offenses. As it stands, this
is considered a "public nuisance", handled either by neighbors or a code enforcement
officer. In addition, they proposed levying a "Medical Marijuana Impact Fee" against
patients or caregivers, who would be charged on a per-plant basis, and required that all
plants be tagged with a numbered zip-tie. Failure to purchase zip-ties would be treated
as a criminal violation, as well.
Community members spoke out against the group's proposals, finding them ill-conceived and
impractical. Jeanette Bouge said making the visibility of medical cannabis a crime is
absurd. She said she grows medical cannabis behind her home in a greenhouse behind a
fence, but that her neighbors would be able to see over her fence from the second floor
of their homes regardless of where the garden is planted. Under the ordinance, she may
be brought up on criminal charges. Supervisors questioned the intent, priority, and
practicality of the issues brought forth by the Yes on B Coalition. Third District
Supervisor John Pinches said he was discouraged to see the county focusing on gardens
between six and 25 plants when there are 10,000 plant gardens in the county. Fifth
District Supervisor David Colfax agreed, saying the measure was representative of a
"proto-vigilante attitude."
The issue was tabled for further discussion and, along with the possible creation of a
citizens advisory board, will likely be brought forth at future council meetings.
------------------------------------------------------------------------
*Protesters Demand I.D. Cards from San Bernardino County *
More than 25 protesters gathered Tuesday at the San Bernardino County Government Center
and demanded that the county start issuing medical cannabis identification cards. Lanny
Swerdlow, head of ASA Affiliate Marijuana Anti-Prohibition Project (MAPP)
http://marijuananews.org/, organized the protest to call
attention to the need for the ID cards in the community, as well as the absurdity of the
County to continue to challenge the program after two losses in state court. ASA's
California Director Don Duncan was also on site offering support and letting the County
know that ASA is following their actions closely.
In 2003, the state Legislature required county health departments to issue ID cards to
medical cannabis patients to assist law enforcement in following state law, and to
protect patients from unnecessary arrest. But San Bernardino and San Diego Counties
have refused to issue the cards, taking their case to both Superior and California
Appeals courts, losing both times. In light of the July 31^st Appeals Court ruling
http://www.courtinfo.ca.gov/opinions/documents/D050333.PDF that San Bernardino must
start following state law, MAPP saw the opportunity to exert heated pressure on local
county officials who don't want to follow the will of the voters, the state legislature,
or the courts.
In addition, the protesters accused the county was wasting valuable taxpayer money on a
hopeless lawsuit at a time when healthcare, education, and public service budgets are
being slashed. "They have basically put themselves at opposition with the people of
California," said Fontana resident Craig Johnson, a medical cannabis advocate who is on
disability from his job.
The board of supervisors will decide whether the county will appeal the case to the state
Supreme Court later this month. Lanny Swerdlow and MAPP are not going to go away, and
they plan to continue to aggressively hold the board accountable for mishandling county
funds and subverting the will of their constituents.
------------------------------------------------------------------------
Take Action Icon Take Action
------------------------------------------------------------------------
Last Chance to Support the Worker's Rights to Medical Marijuana
Act! ! Call Your Senator Immediately!
The Medical Marijuana Employment Rights Act has been getting close and closer to a vote.
Now we're down to the final throws, and we expect a vote *this Monday! *
Whether or not you've already called, its absolutely essential that you get on the phone
with your local Senator this
minute, and tell her/him to support AB 2279!
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303
Many of you know the story: in 2008, the California Supreme Court Ruled in /Ross v.
Ragingwire/ that individuals could be
fired from their jobs by employers /simply because of their status as legal medical
cannabis patients!/ This is the worse form of discrimination - its already against law
to fire someone for a medical condition, but the CA Supreme court ruled that it was OK to
fire someone for the legal medication they use to treat that condition!
The State Legislature, led by Assembly Member Mark Leno (D-SF), have taken on the charge
of acting to reverse this discriminatory decision by the courts. The bill was already
passed by the Assembly, but in the Senate the vote is going to be /very /close. We need
you to take ownership of your state's democracy by calling your Senator
http://www.senate.ca.gov/%7Enewsen/senators/senators.htp immediately, and making sure
they'll vote for AB 2279!
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303
Use this script:
"Hi, my name is ____________. I'm calling to ask Senator ________ to support AB 2279,
the Workers Rights to Medical Marijuana Act. This bill will prevent employers from
discriminating against legal medical cannabis patients, and will reverse a court decision
that puts more than 200,000 California citizens in jeopardy of losing their jobs without
due cause."
Thanks for all of your hard work!
------------------------------------------------------------------------
Take Action Icon Chapter and Affiliate Meetings
------------------------------------------------------------------------
*Saturday, the 16th -- Los Angeles ASA Meeting*
On October 6, ASA and other organizations are calling for medical cannabis supporters to
gather at the federal courthouse in downtown Los Angeles in a show of support for victims
of federal interference and to call for an end to raids and intimidation. We hope to have
hundreds of peaceful protesters there! Please mark your calendars for this important date
now.
The rally will coincide with a hearing for convicted medical cannabis dispensary operator
Charles Lynch, who faces decades in federal prison if the judge does not grant him a new
trial at the hearing on October 6. Supporters will gather in the courtroom at 8:00 AM to
support Lynch and his family, then rally outside at 11:00 AM.
The planning for this large event starts this Saturday at the LA-ASA meeting. I am
sending this message to all of our Southern California announcement lists so that anyone
who wants to help promote and organize the event can get plugged in. Please join us on
Saturday for the LA-ASA meeting to get all the details:
When: Saturday, the 16th 1pm
Where: Patient ID Center,
470 S. San Vicente Blvd.
Los Angeles, CA 90048
(Cross street is Drexel, between Wilshire & 3rd St.)
We will also be doing some skills training for advocates and getting updates on the
protest at the Democratic National Convention in Denver, CO, later this month. Please
join us and invite your friends. All medical cannabis supporters are welcome!
For more info, contact Don Duncan: Don [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
* Tuesday, August 19th: Fresno - Fresno ASA Meeting*
The County of Fresno refuses to implement the State-mandated ID card program that would
make it easier for law enforcement to identify legal medical cannabis patients. However,
Supervisors expressed a desire to wait until the ruling in /San Diego v. NORML, /which
would give indication as to whether the ID card program violated state law. In July, the
ruling came back in favor of medical cannabis patients! Now its time to turn the
pressure back on Fresno Supervisors! Come join!
When: Tuesday, August 19th @ 6pm
Where: Fig Garden Library
3071 W Bullard Ave
Fresno, CA 93711
For more information, Email Diana Kirby - fresnocagal [at] sbcglobal.net
------------------------------------------------------------------------
*Tuesday, the 19th -- ASA / Compassionate Coalition Meeting*
Medical cannabis in the state's capitol is exciting and rewarding. Find out how to lobby
legislators and how the local ASA affiliate is helping to pressure and impact state law.
All are encouraged to attend!
When: Tuesday, the 19th 7pm
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento CA
For more info, contact Nathan Sands: Nathan [at] compassionatecoalition.org
------------------------------------------------------------------------
*Thursday, August 21st: Arcata - Humboldt County ASA Meeting *
Recent events have sparked increased interest at the city and county levels. In
addition, DEA has been making an increased presence in our community. Come to the
Humboldt Co. ASA meeting to learn how to get involved in standing for the rights of
patients and Californians.
When: Thursday, August 21st @ 6pm
Where: Community recreation room of the Bayview Courtyard Senior Housing Complex
550 Union Street,
Arcata CA
For more info, contact Linda-Anne Cummings: asa-humboldt [at] sbcglobal.net
------------------------------------------------------------------------
*Tuesday, August 26th: San Francisco - SF ASA Meeting*
SF ASA is one of the longest running ASA chapters, responsible for much of the major
medical cannabis progress we've seen in the Bay Area over the years. Meetings are an
excellent way to meet like-minded people, to learn about medical cannabis research, law,
and politics, and to get involved in impacting your community in a positive way. Be
Proactive! Come to the SF ASA Meeting
When: Tuesday, August 26th @ 7:30pm
Where: Bowzer's Pizza,
371 11th St
San Francisco CA
For more information, contact Brent Saupe: brent_saupe [at] yahoo.com
**
------------------------------------------------------------------------
*Wednesday, August 27th: Oakland -- East Bay ASA Meeting
*Join the ASA East Bay meeting, held right here in our national headquarters. Come visit
the office and see where all the magic happens. For the next few months, East Bay ASA
will be working on the Berkeley Patient Access to Medical Cannabis Act (PAMCA) Ballot
Initiative, drumming up support to pass in November! Come learn how to get involved in
what will be a groundbreaking vote!
When: Wednesday, August 27th @ 7pm
Where: ASA Headquarters Office
1322 Webster Street, Suite 402, Downtown Oakland
For more information, contact George Pappas: 510-251-1856 x. 321
------------------------------------------------------------------------
Government Icon City and County Hearings
------------------------------------------------------------------------
Wednesday, August 20th - Arcata City Council to Consider
Dispensary Guidelines
In a proactive step toward implementing state law, the Arcata Planning Commission
reviewed codes regarding cultivation, dispensing, and zoning for medical cannabis
dispensaries on Tuesday. The guidelines will become part of the city's draft land use
codes, which are up for approval by the City Council on Aug. 20.
Development Director Larry Oetker said the commission's approval may bring the
guidelines, designed to regulate medical cannabis facilities in hopes of curbing illegal
grow activity, one step closer to completion.
Additionally, the guidelines cover issues regarding operations, the application process
and records, safety concerns, and the dispensary relations with individual patients who
grow.
To view the entire draft medical cannabis land use standards, go to
http://www.cityofarcata.org and click on "Agendas." The files are listed under the Planning
Commission agenda. Hard copies can be accessed at City Hall.
When: Wednesday, August 20th, 6PM
Where: 736 F Street
Arcata, CA 95521
------------------------------------------------------------------------
Patients Rights Icon Court Support
------------------------------------------------------------------------
*Monday, August 18th: Fresno - Monica Valencia - Sentencing Hearing
* *
*On September 27, 2006, the City of Modesto called in DEA to raid the California
Healthcare Collective. Nine people, including Luke Scarmazzo and Ricardo Montes, were
prosecuted by the federal government.
The raid was the result of a 15-month investigation between the DEA and the Modesto
Police Department, and on April 27, 2008, the day before the trial was scheduled to
commence, Monica Valencia refused to testify for the government, turning down the reduced
plea bargain deal she was offered as an incentive to testify against her fellow
co-workers.
In court, the jurors delivered eight guilty verdicts against the defendants, including a
conviction for continuing criminal enterprise, which put Scarmazzo and Montes at risk of
life imprisonment. Several jurors, upon learning the severity of the possible penalties,
expressed reservations about their votes to convict and the legitimacy of medical
cannabis prosecutions.
When: Monday, August 18th 1:30pm
Where: Before Judge Oliver Wanger
U.S. District Court (E.D., CA)
http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&addr=2500+Tulare+Street&csz=fresno%2C+CA+95814-7300&country=us&Get%A0Map=Get+Map, 2500 Tulare
Street
Fresno, CA.
Monica needs our support. Show up to let her know that she is part of a community which
cares about her, and will not let her face this injustice alone. Click here for more
information. http://www.safeaccessnow.org/article.php?id=354*
*
------------------------------------------------------------------------
*Monday, August 25th: Vallejo - Galen and Laura Lawton Trial*
After four years, Solano County's Galen and Laura Lawton
http://www.medicalmarijuanaofamerica.com/content/view/161/111/ are scheduled to come to
trial in State Court on August 25th. Lawton, a former star-football player and coach,
and long time medical cannabis activist, was raided in 2004. His house was ransacked by
local police, his garden destroyed, and he and his wife were forced to spend Christmas
that year in jail.
Lawton is Chief Financial Officer and Board Member for medical cannabis advocacy group
Compassionate Coalition, President of Solano Patients Group, a similar, overlapping
organization, and was former owner of the Everything Green dispensing collective.
This may be the first trial in state court since the SB420 limits were struck down as
unconstitutional by People v. Kelly, which may make the case extremely interesting. The
limits are often used as a primary arguments to convict in state courts. Tony Serra and
Omar Figueroa will be the trial attorneys for the defense, so it will not be short on
entertainment.
When: 8:30am Monday, August 25th
Where: Judge Carter in Dept. 12
321 Tuolumne Street
Vallejo, CA.
------------------------------------------------------------------------
*Wednesday, Sept. 3rd - Oakland: Tainted's Mickey Martin and Jessica Sanders Sentencing
Hearing
* Please come out in a show of support for Tainted co-defendants Mickey Martin and
Jessica Sanders. We need to do everything in our power to fill the courtroom with
supporters, and to send a strong message that our community stands together, and that we
will not tolerate this tyranny by the federal government! Mickey and Jessica need to
know that we are behind them as they plead their case for justice to the Honorable Judge
Claudia Wilken.
When: 2:30 pm on Wednesday Sept. 3, 2008
Where: Oakland Federal Building Courthouse
1301 Clay St.
Oakland, CA. Two days after Labor Day, this is the sort of thing that all of
us can do. Show your support, show your solidarity, take off of work, or gather friends
and travel down to the courthouse to be there for Mickey and Jessica. We are winning
this fight, but must continue to do everything in our power to end this ongoing threat to
the citizens of the community.
For more info, visit: http://www.freetainted.com/events/mickey-martin-sentencing
------------------------------------------------------------------------
Marijuana Icon Special Events
------------------------------------------------------------------------
Monday, October 6: Los Angeles - Charles Lynch Sentencing Day of
Action
Hello, ASA Members and friends. On October 6, ASA and other organizations are calling for
medical cannabis supporters to gather at the federal courthouse in downtown Los Angeles
in a show of support for victims of federal interference and to call for an end to raids
and intimidation. We hope to have hundreds of peaceful protesters there! Please mark your
calendars for this important date now.
The rally will coincide with a hearing for convicted medical cannabis collective operator
Charles Lynch, who faces decades in federal prison if the judge does not grant him a new
trial at the hearing on October 6. Supporters will gather in the courtroom at 8:00 AM to
support Lynch and his family, then rally outside at 11:00 AM.
The planning for this large event starts this Saturday at the LA-ASA meeting. I am
sending this message to all of our Southern California announcement lists so that anyone
who wants to help promote and organize the event can get plugged in. Please join us on
Saturday for the LA-ASA meeting to get all the details:
What: LA-ASA Meeting
When: 1-3 PM * Saturday, August 16, 2008
Where: Patient ID Center, 470 S. San Vicente Blvd., Los Angeles
Map & Public Transit: http://www.ASAaction.org
We will also be doing some skills training for advocates and getting updates on the
protest at the Democratic National Convention in Denver, CO, later this month. Please
join us and invite your friends. All medical cannabis supporters are welcome!
Read more about Charles Lynch http://www.safeaccessnow.org/article.php?id=5551
------------------------------------------------------------------------
--
George Pappas
Field Coordinator
Americans for Safe Access
http://AmericansForSafeAccess.org
Americans for Safe Access (ASA) is the largest national member-based organization of
patients, medical professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic use and research.
Join us today... http://AmericansforSafeAccess.org
1322 Webster St Suite 402
Oakland, CA 94612
P: 510-251-1856 ext. 321 F: 510-251-2036
------------------------------------------------------------------------
ASA California Weekly Alert: August 15th 2008
------------------------------------------------------------------------
*Weekly Round Up*
California Supreme Court Grants Review in People v. Kelly
Mendocino "Yes on B" Group Pressures Council to Stiffen Penalties for Medical Cannabis
Patients
Protesters Demand I.D. Cards from San Bernardino County *Take Action*
Last Chance to Support AB 2279! Call Your Senator Immediately!
*Chapter and Affiliate Meetings*
Saturday, August 16th: Los Angeles - L.A. ASA Meeting
Tuesday, August 19th: Sacramento - ASA / Compassionate Coalition Meeting
Tuesday, August 19th: Fresno - Fresno ASA Meeting
Thursday, August 21st: Arcata - Humboldt County ASA Meeting
Tuesday, August 26th: San Francisco - SF ASA Meeting
Wednesday, August 27th: Oakland - East Bay ASA Meeting
*City and County Hearings*
Wednesday, August 20th - Arcata City Council to Consider Dispensary Guidelines
*
Court Support*
Monday, August 18th: Fresno - Monica Valencia - Sentencing Hearing
Monday, August 25th: Galen and Laura Lawton Trial
Wednesday, September 3rd, Oakland: Tainted's Mickey Martin and Jessica Sanders Sentencing
Hearing
*Special Events*
Monday, October 6: Los Angeles - Charles Lynch Sentencing Day of Action
------------------------------------------------------------------------
California Icon Weekly Round Up
------------------------------------------------------------------------
*California Supreme Court Considers Medical Cannabis Again *
*by Joseph Elford, ASA Chief Legal Counsel
*Just as many would have thought that the SB 420 guidelines
http://www.safeaccessnow.org/article.php?list=type&type=186 of 8 ounces and 12 immature
or six mature plants were a dead letter --- a blessing for some a nightmare for others
--- the California Supreme Court granted review of People v. Kelly,
http://safeaccessnow.org/blog/?p=104 which held that the SB 420 quantities are "limits"
on the amount of marijuana a qualified patient may possess and, as such, constitute an
unconstitutional amendment of a voter-approved initiative. Another Court of Appeal agreed
in People v. Phomphakdy http://safeaccessnow.org/blog/?p=135, so it appeared that the
SB 420 guidelines were done.
For some, this was a good thing, as many law enforcement officers applied the SB 420
quantities as limits on the amount of marijuana patients may possess and busted patients
who had anymore than 8 ounces or six mature plants. For others, this was a potential
nightmare, since police in some communities may well go back to busting patients who have
as little as an ounce or one or two plants.
So, without taking any pleasure from the process, we filed a letter with the California
Supreme Court requesting depublication of the Kelly decision. Although we agreed the
result of the Kelly decision and love the fact that yet another court has sided with
patients, we felt it was important for the California Supreme Court to hear our view ---
that the SB 420 guidelines are thresholds, not ceilings. Patients should have a safe
harbor and the Kelly decision, though well-intentioned, took that safe harbor away.
Yesterday, the California Supreme Court granted review of the Kelly decision, framing the
issues as follows:
(1) does Health & Safety Code section 11362.77 violate the California Constitution by
amending the Compassionate Use Act without voter approval?; and (2) were there
alternative remedies to invalidating section 11362.77 in its entirety?
This bodes well for Mr. Kelly and the rest of us, as it appears that the Court will
likely affirm the reversal of Mr. Kelly's convictions, while maintaining that the SB 420
guidelines are constitutional, at least as they apply only to patients with
identification cards or if they are interpreted as thresholds. Meanwhile, the Kelly case
is depublished and the SB 420 guidelines will remain in effect.
------------------------------------------------------------------------
Mendocino "Yes on B" Group Pressures Council to Stiffen Penalties
for Medical Cannabis Patients Earlier this year, a group of Mendocino County
citizens pushed a ballot initiative that reduced the number of medical cannabis plants
allowed by qualified patients under local guidelines. Now, the "Yes on B Coalition" has
petitioned the Mendocino County Supervisors to alter the County Code
http://www.mmmab.net/9.31_Marijuana_Ord.pdf, turning what are currently minor
infractions against patients into criminal matters.
http://www.ukiahdailyjournal.com/ci_10185525
Ukiah resident Larry Puterbaugh asked the supervisors to make cannabis that can be seen
or smelled from adjoining properties punishable as criminal offenses. As it stands, this
is considered a "public nuisance", handled either by neighbors or a code enforcement
officer. In addition, they proposed levying a "Medical Marijuana Impact Fee" against
patients or caregivers, who would be charged on a per-plant basis, and required that all
plants be tagged with a numbered zip-tie. Failure to purchase zip-ties would be treated
as a criminal violation, as well.
Community members spoke out against the group's proposals, finding them ill-conceived and
impractical. Jeanette Bouge said making the visibility of medical cannabis a crime is
absurd. She said she grows medical cannabis behind her home in a greenhouse behind a
fence, but that her neighbors would be able to see over her fence from the second floor
of their homes regardless of where the garden is planted. Under the ordinance, she may
be brought up on criminal charges. Supervisors questioned the intent, priority, and
practicality of the issues brought forth by the Yes on B Coalition. Third District
Supervisor John Pinches said he was discouraged to see the county focusing on gardens
between six and 25 plants when there are 10,000 plant gardens in the county. Fifth
District Supervisor David Colfax agreed, saying the measure was representative of a
"proto-vigilante attitude."
The issue was tabled for further discussion and, along with the possible creation of a
citizens advisory board, will likely be brought forth at future council meetings.
------------------------------------------------------------------------
*Protesters Demand I.D. Cards from San Bernardino County *
More than 25 protesters gathered Tuesday at the San Bernardino County Government Center
and demanded that the county start issuing medical cannabis identification cards. Lanny
Swerdlow, head of ASA Affiliate Marijuana Anti-Prohibition Project (MAPP)
http://marijuananews.org/, organized the protest to call
attention to the need for the ID cards in the community, as well as the absurdity of the
County to continue to challenge the program after two losses in state court. ASA's
California Director Don Duncan was also on site offering support and letting the County
know that ASA is following their actions closely.
In 2003, the state Legislature required county health departments to issue ID cards to
medical cannabis patients to assist law enforcement in following state law, and to
protect patients from unnecessary arrest. But San Bernardino and San Diego Counties
have refused to issue the cards, taking their case to both Superior and California
Appeals courts, losing both times. In light of the July 31^st Appeals Court ruling
http://www.courtinfo.ca.gov/opinions/documents/D050333.PDF that San Bernardino must
start following state law, MAPP saw the opportunity to exert heated pressure on local
county officials who don't want to follow the will of the voters, the state legislature,
or the courts.
In addition, the protesters accused the county was wasting valuable taxpayer money on a
hopeless lawsuit at a time when healthcare, education, and public service budgets are
being slashed. "They have basically put themselves at opposition with the people of
California," said Fontana resident Craig Johnson, a medical cannabis advocate who is on
disability from his job.
The board of supervisors will decide whether the county will appeal the case to the state
Supreme Court later this month. Lanny Swerdlow and MAPP are not going to go away, and
they plan to continue to aggressively hold the board accountable for mishandling county
funds and subverting the will of their constituents.
------------------------------------------------------------------------
Take Action Icon Take Action
------------------------------------------------------------------------
Last Chance to Support the Worker's Rights to Medical Marijuana
Act! ! Call Your Senator Immediately!
The Medical Marijuana Employment Rights Act has been getting close and closer to a vote.
Now we're down to the final throws, and we expect a vote *this Monday! *
Whether or not you've already called, its absolutely essential that you get on the phone
with your local Senator this
minute, and tell her/him to support AB 2279!
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303
Many of you know the story: in 2008, the California Supreme Court Ruled in /Ross v.
Ragingwire/ that individuals could be
fired from their jobs by employers /simply because of their status as legal medical
cannabis patients!/ This is the worse form of discrimination - its already against law
to fire someone for a medical condition, but the CA Supreme court ruled that it was OK to
fire someone for the legal medication they use to treat that condition!
The State Legislature, led by Assembly Member Mark Leno (D-SF), have taken on the charge
of acting to reverse this discriminatory decision by the courts. The bill was already
passed by the Assembly, but in the Senate the vote is going to be /very /close. We need
you to take ownership of your state's democracy by calling your Senator
http://www.senate.ca.gov/%7Enewsen/senators/senators.htp immediately, and making sure
they'll vote for AB 2279!
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303
Use this script:
"Hi, my name is ____________. I'm calling to ask Senator ________ to support AB 2279,
the Workers Rights to Medical Marijuana Act. This bill will prevent employers from
discriminating against legal medical cannabis patients, and will reverse a court decision
that puts more than 200,000 California citizens in jeopardy of losing their jobs without
due cause."
Thanks for all of your hard work!
------------------------------------------------------------------------
Take Action Icon Chapter and Affiliate Meetings
------------------------------------------------------------------------
*Saturday, the 16th -- Los Angeles ASA Meeting*
On October 6, ASA and other organizations are calling for medical cannabis supporters to
gather at the federal courthouse in downtown Los Angeles in a show of support for victims
of federal interference and to call for an end to raids and intimidation. We hope to have
hundreds of peaceful protesters there! Please mark your calendars for this important date
now.
The rally will coincide with a hearing for convicted medical cannabis dispensary operator
Charles Lynch, who faces decades in federal prison if the judge does not grant him a new
trial at the hearing on October 6. Supporters will gather in the courtroom at 8:00 AM to
support Lynch and his family, then rally outside at 11:00 AM.
The planning for this large event starts this Saturday at the LA-ASA meeting. I am
sending this message to all of our Southern California announcement lists so that anyone
who wants to help promote and organize the event can get plugged in. Please join us on
Saturday for the LA-ASA meeting to get all the details:
When: Saturday, the 16th 1pm
Where: Patient ID Center,
470 S. San Vicente Blvd.
Los Angeles, CA 90048
(Cross street is Drexel, between Wilshire & 3rd St.)
We will also be doing some skills training for advocates and getting updates on the
protest at the Democratic National Convention in Denver, CO, later this month. Please
join us and invite your friends. All medical cannabis supporters are welcome!
For more info, contact Don Duncan: Don [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
* Tuesday, August 19th: Fresno - Fresno ASA Meeting*
The County of Fresno refuses to implement the State-mandated ID card program that would
make it easier for law enforcement to identify legal medical cannabis patients. However,
Supervisors expressed a desire to wait until the ruling in /San Diego v. NORML, /which
would give indication as to whether the ID card program violated state law. In July, the
ruling came back in favor of medical cannabis patients! Now its time to turn the
pressure back on Fresno Supervisors! Come join!
When: Tuesday, August 19th @ 6pm
Where: Fig Garden Library
3071 W Bullard Ave
Fresno, CA 93711
For more information, Email Diana Kirby - fresnocagal [at] sbcglobal.net
------------------------------------------------------------------------
*Tuesday, the 19th -- ASA / Compassionate Coalition Meeting*
Medical cannabis in the state's capitol is exciting and rewarding. Find out how to lobby
legislators and how the local ASA affiliate is helping to pressure and impact state law.
All are encouraged to attend!
When: Tuesday, the 19th 7pm
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento CA
For more info, contact Nathan Sands: Nathan [at] compassionatecoalition.org
------------------------------------------------------------------------
*Thursday, August 21st: Arcata - Humboldt County ASA Meeting *
Recent events have sparked increased interest at the city and county levels. In
addition, DEA has been making an increased presence in our community. Come to the
Humboldt Co. ASA meeting to learn how to get involved in standing for the rights of
patients and Californians.
When: Thursday, August 21st @ 6pm
Where: Community recreation room of the Bayview Courtyard Senior Housing Complex
550 Union Street,
Arcata CA
For more info, contact Linda-Anne Cummings: asa-humboldt [at] sbcglobal.net
------------------------------------------------------------------------
*Tuesday, August 26th: San Francisco - SF ASA Meeting*
SF ASA is one of the longest running ASA chapters, responsible for much of the major
medical cannabis progress we've seen in the Bay Area over the years. Meetings are an
excellent way to meet like-minded people, to learn about medical cannabis research, law,
and politics, and to get involved in impacting your community in a positive way. Be
Proactive! Come to the SF ASA Meeting
When: Tuesday, August 26th @ 7:30pm
Where: Bowzer's Pizza,
371 11th St
San Francisco CA
For more information, contact Brent Saupe: brent_saupe [at] yahoo.com
**
------------------------------------------------------------------------
*Wednesday, August 27th: Oakland -- East Bay ASA Meeting
*Join the ASA East Bay meeting, held right here in our national headquarters. Come visit
the office and see where all the magic happens. For the next few months, East Bay ASA
will be working on the Berkeley Patient Access to Medical Cannabis Act (PAMCA) Ballot
Initiative, drumming up support to pass in November! Come learn how to get involved in
what will be a groundbreaking vote!
When: Wednesday, August 27th @ 7pm
Where: ASA Headquarters Office
1322 Webster Street, Suite 402, Downtown Oakland
For more information, contact George Pappas: 510-251-1856 x. 321
------------------------------------------------------------------------
Government Icon City and County Hearings
------------------------------------------------------------------------
Wednesday, August 20th - Arcata City Council to Consider
Dispensary Guidelines
In a proactive step toward implementing state law, the Arcata Planning Commission
reviewed codes regarding cultivation, dispensing, and zoning for medical cannabis
dispensaries on Tuesday. The guidelines will become part of the city's draft land use
codes, which are up for approval by the City Council on Aug. 20.
Development Director Larry Oetker said the commission's approval may bring the
guidelines, designed to regulate medical cannabis facilities in hopes of curbing illegal
grow activity, one step closer to completion.
Additionally, the guidelines cover issues regarding operations, the application process
and records, safety concerns, and the dispensary relations with individual patients who
grow.
To view the entire draft medical cannabis land use standards, go to
http://www.cityofarcata.org and click on "Agendas." The files are listed under the Planning
Commission agenda. Hard copies can be accessed at City Hall.
When: Wednesday, August 20th, 6PM
Where: 736 F Street
Arcata, CA 95521
------------------------------------------------------------------------
Patients Rights Icon Court Support
------------------------------------------------------------------------
*Monday, August 18th: Fresno - Monica Valencia - Sentencing Hearing
* *
*On September 27, 2006, the City of Modesto called in DEA to raid the California
Healthcare Collective. Nine people, including Luke Scarmazzo and Ricardo Montes, were
prosecuted by the federal government.
The raid was the result of a 15-month investigation between the DEA and the Modesto
Police Department, and on April 27, 2008, the day before the trial was scheduled to
commence, Monica Valencia refused to testify for the government, turning down the reduced
plea bargain deal she was offered as an incentive to testify against her fellow
co-workers.
In court, the jurors delivered eight guilty verdicts against the defendants, including a
conviction for continuing criminal enterprise, which put Scarmazzo and Montes at risk of
life imprisonment. Several jurors, upon learning the severity of the possible penalties,
expressed reservations about their votes to convict and the legitimacy of medical
cannabis prosecutions.
When: Monday, August 18th 1:30pm
Where: Before Judge Oliver Wanger
U.S. District Court (E.D., CA)
http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&addr=2500+Tulare+Street&csz=fresno%2C+CA+95814-7300&country=us&Get%A0Map=Get+Map, 2500 Tulare
Street
Fresno, CA.
Monica needs our support. Show up to let her know that she is part of a community which
cares about her, and will not let her face this injustice alone. Click here for more
information. http://www.safeaccessnow.org/article.php?id=354*
*
------------------------------------------------------------------------
*Monday, August 25th: Vallejo - Galen and Laura Lawton Trial*
After four years, Solano County's Galen and Laura Lawton
http://www.medicalmarijuanaofamerica.com/content/view/161/111/ are scheduled to come to
trial in State Court on August 25th. Lawton, a former star-football player and coach,
and long time medical cannabis activist, was raided in 2004. His house was ransacked by
local police, his garden destroyed, and he and his wife were forced to spend Christmas
that year in jail.
Lawton is Chief Financial Officer and Board Member for medical cannabis advocacy group
Compassionate Coalition, President of Solano Patients Group, a similar, overlapping
organization, and was former owner of the Everything Green dispensing collective.
This may be the first trial in state court since the SB420 limits were struck down as
unconstitutional by People v. Kelly, which may make the case extremely interesting. The
limits are often used as a primary arguments to convict in state courts. Tony Serra and
Omar Figueroa will be the trial attorneys for the defense, so it will not be short on
entertainment.
When: 8:30am Monday, August 25th
Where: Judge Carter in Dept. 12
321 Tuolumne Street
Vallejo, CA.
------------------------------------------------------------------------
*Wednesday, Sept. 3rd - Oakland: Tainted's Mickey Martin and Jessica Sanders Sentencing
Hearing
* Please come out in a show of support for Tainted co-defendants Mickey Martin and
Jessica Sanders. We need to do everything in our power to fill the courtroom with
supporters, and to send a strong message that our community stands together, and that we
will not tolerate this tyranny by the federal government! Mickey and Jessica need to
know that we are behind them as they plead their case for justice to the Honorable Judge
Claudia Wilken.
When: 2:30 pm on Wednesday Sept. 3, 2008
Where: Oakland Federal Building Courthouse
1301 Clay St.
Oakland, CA. Two days after Labor Day, this is the sort of thing that all of
us can do. Show your support, show your solidarity, take off of work, or gather friends
and travel down to the courthouse to be there for Mickey and Jessica. We are winning
this fight, but must continue to do everything in our power to end this ongoing threat to
the citizens of the community.
For more info, visit: http://www.freetainted.com/events/mickey-martin-sentencing
------------------------------------------------------------------------
Marijuana Icon Special Events
------------------------------------------------------------------------
Monday, October 6: Los Angeles - Charles Lynch Sentencing Day of
Action
Hello, ASA Members and friends. On October 6, ASA and other organizations are calling for
medical cannabis supporters to gather at the federal courthouse in downtown Los Angeles
in a show of support for victims of federal interference and to call for an end to raids
and intimidation. We hope to have hundreds of peaceful protesters there! Please mark your
calendars for this important date now.
The rally will coincide with a hearing for convicted medical cannabis collective operator
Charles Lynch, who faces decades in federal prison if the judge does not grant him a new
trial at the hearing on October 6. Supporters will gather in the courtroom at 8:00 AM to
support Lynch and his family, then rally outside at 11:00 AM.
The planning for this large event starts this Saturday at the LA-ASA meeting. I am
sending this message to all of our Southern California announcement lists so that anyone
who wants to help promote and organize the event can get plugged in. Please join us on
Saturday for the LA-ASA meeting to get all the details:
What: LA-ASA Meeting
When: 1-3 PM * Saturday, August 16, 2008
Where: Patient ID Center, 470 S. San Vicente Blvd., Los Angeles
Map & Public Transit: http://www.ASAaction.org
We will also be doing some skills training for advocates and getting updates on the
protest at the Democratic National Convention in Denver, CO, later this month. Please
join us and invite your friends. All medical cannabis supporters are welcome!
Read more about Charles Lynch http://www.safeaccessnow.org/article.php?id=5551
------------------------------------------------------------------------
--
George Pappas
Field Coordinator
Americans for Safe Access
http://AmericansForSafeAccess.org
Americans for Safe Access (ASA) is the largest national member-based organization of
patients, medical professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic use and research.
Join us today... http://AmericansforSafeAccess.org
1322 Webster St Suite 402
Oakland, CA 94612
P: 510-251-1856 ext. 321 F: 510-251-2036
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Lawtons trial postponed
Sun, Aug 24, 2008 4:20PM
EVERYTHING GREEN IS NOT A DISPENSARY!
Sat, Aug 23, 2008 6:27PM
ASA California Weekly Alert: August 8th, 2008
Wed, Aug 20, 2008 7:35PM
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