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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
Add Your Comments
Comments
(Hide Comments)
ASA Logo
------------------------------------------------------------------------
ASA California Weekly Alert: August 8th, 2008
------------------------------------------------------------------------
*Weekly Round Up*
In the Midst of National Attention and Community Uproar, Charles Lynch Found Guilty on
All Counts
Courts of Appeal Deliver Two Favorable Medical Cannabis Rulings
Medical Cannabis Effective for Neuropathic Pain in HIV
DEA Raids: Against the Backdrop of Charles Lynch Federal Trial, Four Collectives Raided
in San Diego
*
Take Action*
Workers' Rights to Medical Marijuana Act Needs your Support Right Now!
*
Chapter and Affiliate Meetings*
Monday, August 11th: Fresno - Fresno ASA Meeting
Tuesday, August 12th: San Francisco - SF ASA Meeting
Tuesday, August 12th: Sacramento - Compassionate Coalition Meeting
Tuesday, August 12th: San Diego - SD ASA Meeting
Wednesday, August 13th: Newport Beach - Orange Co. ASA Meeting
Saturday, August 16th: Los Angeles - LA ASA Meeting
Thursday, August 21st: Arcata - Humboldt Co. ASA Meeting
*
**City and County Hearings*
Monday, August 11th: Community to Speak Out at Culver City Council Meeting
Tuesday, August 12th: San Bernardino County Supervisors Meeting - ASA Activists to
Protest County Lawsuit
*
Court Support*
Monday, August 11th: Luke Scarmazzo & Ricardo Montes - Motion for a New Trial &
Sentencing Hearing
Monday, August 18th: Monica Valencia - Sentencing Hearing
*
Special Events*
Monday, October 6th: Los Angeles - SAVE THE DATE! LA ASA to Protest at Charles Lynch
Request for New Trial
------------------------------------------------------------------------
California Icon Weekly Round Up
------------------------------------------------------------------------
*In the Midst of National Attention and Community Uproar, Charles Lynch Found Guilty on
All Counts*
Request for a new trial scheduled for October 6th; sentencing scheduled for October 20;
attorneys vow to appeal
Charles Lynch, the Morro Bay collective operator
who's recent federal trial gained
national attention, was found guilty on Tuesday of all five counts against him, including
marijuana cultivation, conspiracy, trafficking, and selling to a minor. As a result, he
could face a minimum of 5 years, and up to 100 years in jail, although the judge might
not be constrained by mandatory minimums, since it was obvious Lynch was not a drug
kingpin. Read up-to-date accounts on ASA's blog.
http://safeaccessnow.org/blog/?m=200808
Despite this "obvious" assertion, prosecutors did indeed try to portray Lynch as a "drug
kingpin". Although Lynch operated a medical cannabis dispensary in compliance with
California's voter approved Compassionate Use Act, as well as the more recent Medical
Marijuana Protection Act, enacted by the state legislature in 2004, the the words
"medical marijuana" were not allowed in any evidence or testimony. Because the federal
government refuses to acknowledge that cannabis has medical value, the court ordered, as
in all federal medical cannabis cases, that Charles Lynch be tried as a large scale drug
dealer. The absurdity and confusion of the scenario was apparent in this particular
trial, as the jury heard evidence that Lynch's dispensary was licensed by the City of
Morro Bay, received cooperative support from the Morro Bay Chamber of Commerce, the Morro
Bay Mayor, and local police chief Patrick Hedges, and was widely viewed as a prominent
and welcome member of the community.
http://www.safeaccessnow.org/img/original/Lynch_Photo.jpg
Lynch's defense was based on the premise of "entrapment by estoppel"
http://www.safeaccessnow.org/article.php?id=5551, in which he claimed he'd spoke with
representatives of the federal DEA about his dispensary prior to opening, they referred
him to local officials about his questions, and that he understood he wouldn't be
prosecuted if he opened a medical cannabis dispensary. His attorneys argued that Lynch
was entrapped.
The case has received wide attention as the conflict escalates between State law and what
some have said are the increasingly malicious practices of the DEA. DEA is accused of
undermining numerous state laws that allow patients to use cannabis with a doctor's
approval. In New Mexico they threatened federal prosecution of state officials if they
implemented their legislatively approved program. However California's state-sanctioned
medical cannabis dispensaries have received the most attention.
Drew Carey's reason.tv http://reason.tv/video/show/413.html, CNN, and many other
national media outlets have been covering the story. Media attention was further stoked
http://www.latimes.com/news/local/la-me-weed26-2008jul26,0,6418930.story by the fact
that DEA agents raided two additional Los Angeles area dispensaries, and three in San
Diego, while the trial was underway.
Sentencing for Lynch is scheduled for October 20th http://www.friendsofccl.com/.
Lynch's lawyer, Lou Koorey, is planning to file a motion for a new trial in US District
Court in Los Angeles on October 6th. See the Special Events section below for info on
ASA's October 6th protest!
------------------------------------------------------------------------
*Courts of Appeal Deliver Two Favorable Medical Cannabis Rulings*
by ASA Chief Counsel Joe Elford
Last week will go down as the busiest week for medical cannabis in the California courts
of appeal. In a two-day span, the court issued three published decision in medical
marijuana cases, all in favor of medical cannabis patients. This is a very welcome trend
after the first several years of a series of bad decisions. Read all about it on ASA's
Blog http://safeaccessnow.org/blog/?p=135
The most well-known case is the San Diego case, which you can read about here
http://safeaccessnow.org/blog/?cat=5. The other two cases involve the denial of medical
cannabis defenses in cases of patients who possessed more than the SB 420 guidelines.
One case is People v. Windus, where the Court of Appeal for the Second Appellate District
(Los Angeles) held that the trial court improperly denied a medical cannabis defense to
the defendant because his recommendation had "expired" and he possessed more than eight
ounces of dried cannabis. The court held that the defendant's medical cannabis
recommendation did not expire, even though the doctor who issued it required yearly
evaluations. The court further held that patients are not bound by the quantities
specified in SB 420, but may possess an amount of cannabis that is consistent with their
personal medical use. You can Click here to view the ruling.
http://www.courtinfo.ca.gov/opinions/documents/B196483.PDF
The other case, People v. Phomphakdy, which comes out of the Court of Appeal for the
Third Appellate District (Sacramento). Following a recent trend in the courts of appeal,
the court agreed with the People v. Kelly decision and held that the quantities of
cannabis specified in the Medical Marijuana Program Act (SB 420) constitute an
unconstitutional legislative amendment of a voter-approved initiative. You can Click here
to view the ruling http://www.courtinfo.ca.gov/opinions/documents/C056881.PDF%20.
------------------------------------------------------------------------
*New Study Finds Cannabis Effective For Neuropathic Pain In HIV*
In a double-blind, placebo-controlled clinical trial, researchers at the University of
California, San Diego School of Medicine once again found that smoked cannabis was
effective in reducing neuropathic pain associated with HIV.
The study, sponsored by the University of California Center for Medical Cannabis Research
(CMCR) based at UC San Diego, comes on the heels of a 2007 clinical trial by UCSF's Dr.
Donald Abrams that also found cannabis to reduce neuropathic pain for those with HIV.
The federal government, including NIDA, DEA, and FDA, continue to claim that there is "no
scientific evidence" that cannabis has medical value, an assertion that drives federal
policy and is the root cause for DEA's attempts to undermine medical cannabis laws in
California and 11 other states. The double-blind, placebo controlled is the gold
standard for medical research, and this study comes atop mounds of research and data
finding a large variety of therapeutic benefits in cannabis. The study's findings are
consistent with and extend other recent research
http://www.safeaccessnow.org/article.php?list=type&type=218 supporting the short-term
efficacy of cannabis for neuropathic pain, also sponsored by the CMCR. Please read more
here: http://www.medicalnewstoday.com/articles/117509.php
------------------------------------------------------------------------
*DEA Raids: Against the Backdrop of Charles Lynch Federal Trial, Four Collectives Raided
in San Diego*
On August 5^th , Narcotics agents raided four
http://www.safeaccessnow.org/section.php?id=168 San Diego
http://www.safeaccessnow.org/section.php?id=168 medical cannabis dispensaries
http://www.safeaccessnow.org/section.php?id=168 and made three arrests as the ongoing
federal trial of Charles Lynch continued to received national prominence.
Federal authorities said the dispensaries were not distributing within the limits of
state Proposition 215. However, Proposition 215 did not set limits, and those set by the
California State Legislature in the 2004 Medical Marijuana Program Act have been ruled
unconstitutional by three separate California Appeals Courts in the past week.
Drug Enforcement Administration and county Narcotics Task Force agents served search
warrants at Answerdam on Convoy Court, Plan B Coastal Care Group on Adams Avenue, Chronic
Care Providers on Daggett Street and Safe California Access on Murphy Canyon Road. Three
men, ages 59, 35 and 26, were arrested at three of the businesses on suspicion of
marijuana sales and possession for sale, DEA spokeswoman Eileen Zeidler said. Meanwhile,
the San Diego County Board of Supervisors continues what some have said is a fruitless
court battle http://safeaccessnow.org/blog/?p=135 against having to implement the state
mandated ID card program that would allow patients to be easily identified by law
enforcement.
The board voted 4-1 yesterday, with Supervisor Ron Roberts opposing, to continue to spend
thinning local resources to ask the state Supreme Court to review its lawsuit. San Diego
County has been ruled against in both Superior and Appellate courts, and many speculate
it is very unlikely that the Supreme Court will hear the case. The 4^th District
Appellate Court "missed the point" of the case, according to Tom Bunton, senior deputy
county counsel, who was quoted in local media.
------------------------------------------------------------------------
Take Action Icon Take Action
------------------------------------------------------------------------
Workers' Rights to Medical Marijuana Act (AB 2279) Needs your
Support Right Now!
On Monday, the California Senate will vote on a bill to protect medical cannabis patients
from workplace discrimination! We've done a lot of work and we know the vote will be
very close, maybe coming down to just one or two votes! We need help from everyone to
make sure this bill passes!
*Call your State Senator IMMEDIATELY to make sure they vote for AB 2279, the Medical
Marijuana Workplace Anti-Discrimination. Click here to find and contact your senator.
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303
There are SPECIFIC TARGETS who are very close to supporting, and need to be pushed by
their constituents. If you live or work in one of the following districts, it is
CRITICAL that you call your senator immediately and ask him or her to support AB 2279.*
Here's an example of a very short, simple call:
"Hi, my name is ____________. I'm calling to ask Senator ________ to support AB 2279,
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303 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."
Background: Assemblymember Mark Leno (D-San Francisco) introduced AB 2279 to negate a
recent California Supreme Court ruling http://www.safeaccessnow.org/Ross, which stated
that employers can fire workers just for being legal medical cannabis patients,
legitimizing job discrimination for seriously ill Californians. The ASA-sponsored law
will protect patients who strive to continue to be productive members of society.
You can find more information at http://www.AmericansForSafeAccess.org/AB2279
Thanks for helping protect patients' rights!
------------------------------------------------------------------------
Take Action Icon Chapter and Affiliate Meetings
------------------------------------------------------------------------
For comprehensive information on ASA Chapters, and to discover a chapter near you, visit
our Chapter Resources Page http://www.safeaccessnow.org/article.php?id=242
------------------------------------------------------------------------
*Monday, August 11th: 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. The ruling
came back last week in favor of medical cannabis patients! Now its time to turn the
pressure back on Fresno Supervisors! Come
When: Monday, August 11th @ 7pm
Where: Unitarian Church of Fresno
2672 E. Alluvial Ave., Fresno
For more information, email Diana - fresnocagal [at] sbcglobal.net
------------------------------------------------------------------------
*Tuesday, August 12th: San Francisco - SF ASA Meeting*
Join us as the Green Party will come to introduce their candidates for local office! An
excellent way to network and build relationships with individuals running for local
elected office. When: Tuesday, August 12th @ 7:30pm
Where: 371 11th St. San Francisco
For more information, contact Brent: brent_saupe [at] yahoo.com
------------------------------------------------------------------------
*Tuesday, August 12th: Sacramento - ASA Affiliate, 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, August 12th @ 7pm
Where: 320 Harris Ave. Suite H
Sacramento,
For more info, contact Nathan [at] compassionatecoalition.org
------------------------------------------------------------------------
*Tuesday, August 12th: San Diego - SD ASA Meeting
*
At SD ASA , join dozens of community members in standing up for your rights. The San
Diego County Board of Supervisors continues its wasteful attempt to violate state law and
refuse to implement the state mandated ID card program that would allow patients to be
easily identified by law enforcement.
The board voted 4-1 yesterday to continue to spend thinning taxpayer dollars to ask the
state Supreme Court to review its lawsuit. San Diego County has been ruled against in
both Superior and Appellate courts, and many speculate it is very unlikely that the
Supreme Court will hear the case. When: Tuesday, August 12th @ 7pm
Where: International Cannabis University
6070 Mt. Alifan Suite 202
San Diego, CA 92111, Claremont
For more info, contact Dion, 4cccp [at] cox.net
------------------------------------------------------------------------
*Wednesday, August 13th: Newport Beach - Orange Co. ASA Meeting
*Come find the most recent information on medical cannabis science, law, and politics.
Discuss the local raids by federal DEA, and learn about how to get tapped in to the
growing movement of concerned citizens, fighting against the federal government to keep
the rights of Californians.
When: Wednesday August 13th @ 7pm
Where: Wentworth, Paoli, & Purdy, LLP
4631 Teller Ave. Suite 100
Newport Beach, CA 92660
For more information, please call Bill: (949) 752-7711
------------------------------------------------------------------------
*Saturday, August 16th: Los Angeles - LA ASA Meeting
*
LA-ASA will join hundreds of Angelinos at a peaceful protest in front of the federal
courthouse in downtown Los Angeles on Monday, October 6, to demonstrate in support of
medical cannabis provider Charles Lynch. Lynch was recently convicted for providing
medicine to legal patients, and his attorneys will be in court that day asking the judge
for a new trial. We will be discussing this protest at out LA-ASA meeting on August 16.
Find out what you can do to help.
When: Saturday, August 16th @ 1pm
Where: Patient ID Center, 470 S. San Vicente Blvd.
Los Angeles, CA 90048 (Cross street is Drexel, b/w Wilshire & 3rd St.)
For more info, contact Don [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
*Thursday, August 21st: Arcata - Humboldt Co. 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 21 @ 6pm
Where: Community Recreation Room of Bayview Courtyard Senior Housing Complex
550 Union St., Arcata
For more info, contact Linda-Anne - asa-humboldt [at] sbcglobal.net
------------------------------------------------------------------------
Government Icon City and County Hearings
------------------------------------------------------------------------
Monday, August 11th: Community to Speak Out at Culver City Council
Meeting
ASA is inviting medical cannabis patients and supporters to join the operator of Orgnaica
in Marina del Rey in speaking to the Culver City City Council on Monday, August 11, at
7:00 PM. The Culver City Police Department assisted in a DEA raid at that facility last
week, and many local advocates suspect the local police instigated the DEA action to
close Organica because it sits on the boarder between Los Angeles and Culver City.
What: Public Comments at Culver City City Council Meeting
When: 7 PM * Monday, August 11, 2008
Where: MIKE BALKMAN COUNCIL CHAMBERS, 9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA
90232-0507
Why: Tell the Culver City City Council to withdraw cooperation with DEA raids at medical
cannabis facilities
Dress in a professional manner and plan to arrive early to complete a public speaker's
card.
For more information, visit the ASA Discussion Forums
http://www.safeaccessnow.org/punbb/viewtopic.php?id=1581
------------------------------------------------------------------------
*Tuesday, August 12th: Activists to Protest San Bernardino County Lawsuit
*
On Tuesday, August 12, ASA Affiliates, led by the Marijuana Anti-Prohibition Project's
(MAPP) Lanny Swerdlow, will hold a protest in front of the SB County Government Center
where the Board of Supervisors will be meeting. San Bernardino County has expressed plans
to move forward with the fruitless lawsuit challenging the state mandated medical
cannabis ID card program. The protest is geared toward pressuring County Supervisors to
abandon the lawsuit, given severe budget restrictions at the county level, and the
likelihood that the State Supreme Court will not hear the case from the Appeals Court,
where it has already lost. MAPP plans on being in the Board room when the public comment
section is close to being considered . In addition, preceding the protests, MAPP
encourages others to send letters, emails, and phone calls to newspapers to the SB Board
of Supervisors.
When: Tuesday, August 12th - 11:00am
Where: Administrative Health Building
351 N. Mountain View Avenue
San Bernardino CA 92415
------------------------------------------------------------------------
Patients Rights Icon Court Support
------------------------------------------------------------------------
* Monday, August 11th: Luke Scarmazzo & Ricardo Montes - Motion for a New Trial &
Sentencing Hearing*
When: Monday, August 11th, 2008 at 1:30pm
Where: Courtroom 3, 7th Floor, Judge Oliver Wanger
2500 Tulare Street in Fresno, CA
On September 27, 2006, the City of Modesto called in DEA to raid the California
Healthcare Collective and arrested four people (owner-operators Luke Scarmazzo and
Ricardo Montes and two staff members) on charges of distribution of marijuana and
conspiracy to distribute. Scarmazzo and Montes were also charged with possession of
firearms and money laundering. An additional five people were indicted, brining the total
to nine prosecuted by the federal government.
The DEA allegedly seized more than 100 pounds of marijuana, one thousand plants, multiple
firearms, and more than $200,000 in cash. The raids were the result of a 15-month
investigation between the DEA and the Modesto Police Department.
On April 27, 2008, the day before the trial was scheduled to commence, Boissiere,
Valencia, and the Malagon brothers accepted plea bargains and pled guilty to possession
with intent to distribute, and the Malagon brothers pled guilty to conspiring to
manufacture and distribute. Valencia refused to testify for the government, turning down
the reduced plea bargain deal she was offered as an incentive. At the trial, Scarmazzo
took the stand, and was able to present evidence of medical cannabis but to no avail.
While the jurors had deadlocked on the conspiracy counts and acquitted on the firearms
counts, they delivered eight guilty verdicts against the defendants, including a
conviction for continuing criminal enterprise, which puts Scarmazzo and Montes at risk of
life imprisonment. At the end the trial, both defendants were literally wrested out of
the arms of their families and taken into the custody of U.S. Marshals because of the
severity of the penalties. Several jurors, upon learning the severity of the possible
penalties, expressed reservations about their votes to convict and the legitimacy of
medical marijuana prosecutions. Prosecutors have already successfully seized $200,000 and
are seeking $9.2 million in forfeiture.
Click here for more information. http://www.safeaccessnow.org/upcomingcourtdates
------------------------------------------------------------------------
*Monday, August 18th: Monica Valencia - Sentencing Hearing
*
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.
(See Above: Scarmazzo for Background )
------------------------------------------------------------------------
Marijuana Icon Special Events
------------------------------------------------------------------------
Monday, October 6th: Los Angeles, SAVE THE DATE! LA ASA to
Protest at Charles Lynch Request for New Trial
LA-ASA will join hundreds of Angelinos at a peaceful protest in front of the federal
courthouse in downtown Los Angeles on Monday, October 6, to demonstrate in support of
medical cannabis provider Charles Lynch. Lynch was recently convicted for providing
medicine to legal patients, and his attorneys will be in court that day asking the judge
for a new trial.
We will be discussing this protest at out LA-ASA meeting on August 16. If you can't
attend the meeting, be sure to SAVE THE DATE and stay tuned for next week's Weekly Alert,
where we'll fill you in on addition protest details!
------------------------------------------------------------------------
--
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 8th, 2008
------------------------------------------------------------------------
*Weekly Round Up*
In the Midst of National Attention and Community Uproar, Charles Lynch Found Guilty on
All Counts
Courts of Appeal Deliver Two Favorable Medical Cannabis Rulings
Medical Cannabis Effective for Neuropathic Pain in HIV
DEA Raids: Against the Backdrop of Charles Lynch Federal Trial, Four Collectives Raided
in San Diego
*
Take Action*
Workers' Rights to Medical Marijuana Act Needs your Support Right Now!
*
Chapter and Affiliate Meetings*
Monday, August 11th: Fresno - Fresno ASA Meeting
Tuesday, August 12th: San Francisco - SF ASA Meeting
Tuesday, August 12th: Sacramento - Compassionate Coalition Meeting
Tuesday, August 12th: San Diego - SD ASA Meeting
Wednesday, August 13th: Newport Beach - Orange Co. ASA Meeting
Saturday, August 16th: Los Angeles - LA ASA Meeting
Thursday, August 21st: Arcata - Humboldt Co. ASA Meeting
*
**City and County Hearings*
Monday, August 11th: Community to Speak Out at Culver City Council Meeting
Tuesday, August 12th: San Bernardino County Supervisors Meeting - ASA Activists to
Protest County Lawsuit
*
Court Support*
Monday, August 11th: Luke Scarmazzo & Ricardo Montes - Motion for a New Trial &
Sentencing Hearing
Monday, August 18th: Monica Valencia - Sentencing Hearing
*
Special Events*
Monday, October 6th: Los Angeles - SAVE THE DATE! LA ASA to Protest at Charles Lynch
Request for New Trial
------------------------------------------------------------------------
California Icon Weekly Round Up
------------------------------------------------------------------------
*In the Midst of National Attention and Community Uproar, Charles Lynch Found Guilty on
All Counts*
Request for a new trial scheduled for October 6th; sentencing scheduled for October 20;
attorneys vow to appeal
Charles Lynch, the Morro Bay collective operator
who's recent federal trial gained
national attention, was found guilty on Tuesday of all five counts against him, including
marijuana cultivation, conspiracy, trafficking, and selling to a minor. As a result, he
could face a minimum of 5 years, and up to 100 years in jail, although the judge might
not be constrained by mandatory minimums, since it was obvious Lynch was not a drug
kingpin. Read up-to-date accounts on ASA's blog.
http://safeaccessnow.org/blog/?m=200808
Despite this "obvious" assertion, prosecutors did indeed try to portray Lynch as a "drug
kingpin". Although Lynch operated a medical cannabis dispensary in compliance with
California's voter approved Compassionate Use Act, as well as the more recent Medical
Marijuana Protection Act, enacted by the state legislature in 2004, the the words
"medical marijuana" were not allowed in any evidence or testimony. Because the federal
government refuses to acknowledge that cannabis has medical value, the court ordered, as
in all federal medical cannabis cases, that Charles Lynch be tried as a large scale drug
dealer. The absurdity and confusion of the scenario was apparent in this particular
trial, as the jury heard evidence that Lynch's dispensary was licensed by the City of
Morro Bay, received cooperative support from the Morro Bay Chamber of Commerce, the Morro
Bay Mayor, and local police chief Patrick Hedges, and was widely viewed as a prominent
and welcome member of the community.
http://www.safeaccessnow.org/img/original/Lynch_Photo.jpg
Lynch's defense was based on the premise of "entrapment by estoppel"
http://www.safeaccessnow.org/article.php?id=5551, in which he claimed he'd spoke with
representatives of the federal DEA about his dispensary prior to opening, they referred
him to local officials about his questions, and that he understood he wouldn't be
prosecuted if he opened a medical cannabis dispensary. His attorneys argued that Lynch
was entrapped.
The case has received wide attention as the conflict escalates between State law and what
some have said are the increasingly malicious practices of the DEA. DEA is accused of
undermining numerous state laws that allow patients to use cannabis with a doctor's
approval. In New Mexico they threatened federal prosecution of state officials if they
implemented their legislatively approved program. However California's state-sanctioned
medical cannabis dispensaries have received the most attention.
Drew Carey's reason.tv http://reason.tv/video/show/413.html, CNN, and many other
national media outlets have been covering the story. Media attention was further stoked
http://www.latimes.com/news/local/la-me-weed26-2008jul26,0,6418930.story by the fact
that DEA agents raided two additional Los Angeles area dispensaries, and three in San
Diego, while the trial was underway.
Sentencing for Lynch is scheduled for October 20th http://www.friendsofccl.com/.
Lynch's lawyer, Lou Koorey, is planning to file a motion for a new trial in US District
Court in Los Angeles on October 6th. See the Special Events section below for info on
ASA's October 6th protest!
------------------------------------------------------------------------
*Courts of Appeal Deliver Two Favorable Medical Cannabis Rulings*
by ASA Chief Counsel Joe Elford
Last week will go down as the busiest week for medical cannabis in the California courts
of appeal. In a two-day span, the court issued three published decision in medical
marijuana cases, all in favor of medical cannabis patients. This is a very welcome trend
after the first several years of a series of bad decisions. Read all about it on ASA's
Blog http://safeaccessnow.org/blog/?p=135
The most well-known case is the San Diego case, which you can read about here
http://safeaccessnow.org/blog/?cat=5. The other two cases involve the denial of medical
cannabis defenses in cases of patients who possessed more than the SB 420 guidelines.
One case is People v. Windus, where the Court of Appeal for the Second Appellate District
(Los Angeles) held that the trial court improperly denied a medical cannabis defense to
the defendant because his recommendation had "expired" and he possessed more than eight
ounces of dried cannabis. The court held that the defendant's medical cannabis
recommendation did not expire, even though the doctor who issued it required yearly
evaluations. The court further held that patients are not bound by the quantities
specified in SB 420, but may possess an amount of cannabis that is consistent with their
personal medical use. You can Click here to view the ruling.
http://www.courtinfo.ca.gov/opinions/documents/B196483.PDF
The other case, People v. Phomphakdy, which comes out of the Court of Appeal for the
Third Appellate District (Sacramento). Following a recent trend in the courts of appeal,
the court agreed with the People v. Kelly decision and held that the quantities of
cannabis specified in the Medical Marijuana Program Act (SB 420) constitute an
unconstitutional legislative amendment of a voter-approved initiative. You can Click here
to view the ruling http://www.courtinfo.ca.gov/opinions/documents/C056881.PDF%20.
------------------------------------------------------------------------
*New Study Finds Cannabis Effective For Neuropathic Pain In HIV*
In a double-blind, placebo-controlled clinical trial, researchers at the University of
California, San Diego School of Medicine once again found that smoked cannabis was
effective in reducing neuropathic pain associated with HIV.
The study, sponsored by the University of California Center for Medical Cannabis Research
(CMCR) based at UC San Diego, comes on the heels of a 2007 clinical trial by UCSF's Dr.
Donald Abrams that also found cannabis to reduce neuropathic pain for those with HIV.
The federal government, including NIDA, DEA, and FDA, continue to claim that there is "no
scientific evidence" that cannabis has medical value, an assertion that drives federal
policy and is the root cause for DEA's attempts to undermine medical cannabis laws in
California and 11 other states. The double-blind, placebo controlled is the gold
standard for medical research, and this study comes atop mounds of research and data
finding a large variety of therapeutic benefits in cannabis. The study's findings are
consistent with and extend other recent research
http://www.safeaccessnow.org/article.php?list=type&type=218 supporting the short-term
efficacy of cannabis for neuropathic pain, also sponsored by the CMCR. Please read more
here: http://www.medicalnewstoday.com/articles/117509.php
------------------------------------------------------------------------
*DEA Raids: Against the Backdrop of Charles Lynch Federal Trial, Four Collectives Raided
in San Diego*
On August 5^th , Narcotics agents raided four
http://www.safeaccessnow.org/section.php?id=168 San Diego
http://www.safeaccessnow.org/section.php?id=168 medical cannabis dispensaries
http://www.safeaccessnow.org/section.php?id=168 and made three arrests as the ongoing
federal trial of Charles Lynch continued to received national prominence.
Federal authorities said the dispensaries were not distributing within the limits of
state Proposition 215. However, Proposition 215 did not set limits, and those set by the
California State Legislature in the 2004 Medical Marijuana Program Act have been ruled
unconstitutional by three separate California Appeals Courts in the past week.
Drug Enforcement Administration and county Narcotics Task Force agents served search
warrants at Answerdam on Convoy Court, Plan B Coastal Care Group on Adams Avenue, Chronic
Care Providers on Daggett Street and Safe California Access on Murphy Canyon Road. Three
men, ages 59, 35 and 26, were arrested at three of the businesses on suspicion of
marijuana sales and possession for sale, DEA spokeswoman Eileen Zeidler said. Meanwhile,
the San Diego County Board of Supervisors continues what some have said is a fruitless
court battle http://safeaccessnow.org/blog/?p=135 against having to implement the state
mandated ID card program that would allow patients to be easily identified by law
enforcement.
The board voted 4-1 yesterday, with Supervisor Ron Roberts opposing, to continue to spend
thinning local resources to ask the state Supreme Court to review its lawsuit. San Diego
County has been ruled against in both Superior and Appellate courts, and many speculate
it is very unlikely that the Supreme Court will hear the case. The 4^th District
Appellate Court "missed the point" of the case, according to Tom Bunton, senior deputy
county counsel, who was quoted in local media.
------------------------------------------------------------------------
Take Action Icon Take Action
------------------------------------------------------------------------
Workers' Rights to Medical Marijuana Act (AB 2279) Needs your
Support Right Now!
On Monday, the California Senate will vote on a bill to protect medical cannabis patients
from workplace discrimination! We've done a lot of work and we know the vote will be
very close, maybe coming down to just one or two votes! We need help from everyone to
make sure this bill passes!
*Call your State Senator IMMEDIATELY to make sure they vote for AB 2279, the Medical
Marijuana Workplace Anti-Discrimination. Click here to find and contact your senator.
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303
There are SPECIFIC TARGETS who are very close to supporting, and need to be pushed by
their constituents. If you live or work in one of the following districts, it is
CRITICAL that you call your senator immediately and ask him or her to support AB 2279.*
Here's an example of a very short, simple call:
"Hi, my name is ____________. I'm calling to ask Senator ________ to support AB 2279,
http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303 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."
Background: Assemblymember Mark Leno (D-San Francisco) introduced AB 2279 to negate a
recent California Supreme Court ruling http://www.safeaccessnow.org/Ross, which stated
that employers can fire workers just for being legal medical cannabis patients,
legitimizing job discrimination for seriously ill Californians. The ASA-sponsored law
will protect patients who strive to continue to be productive members of society.
You can find more information at http://www.AmericansForSafeAccess.org/AB2279
Thanks for helping protect patients' rights!
------------------------------------------------------------------------
Take Action Icon Chapter and Affiliate Meetings
------------------------------------------------------------------------
For comprehensive information on ASA Chapters, and to discover a chapter near you, visit
our Chapter Resources Page http://www.safeaccessnow.org/article.php?id=242
------------------------------------------------------------------------
*Monday, August 11th: 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. The ruling
came back last week in favor of medical cannabis patients! Now its time to turn the
pressure back on Fresno Supervisors! Come
When: Monday, August 11th @ 7pm
Where: Unitarian Church of Fresno
2672 E. Alluvial Ave., Fresno
For more information, email Diana - fresnocagal [at] sbcglobal.net
------------------------------------------------------------------------
*Tuesday, August 12th: San Francisco - SF ASA Meeting*
Join us as the Green Party will come to introduce their candidates for local office! An
excellent way to network and build relationships with individuals running for local
elected office. When: Tuesday, August 12th @ 7:30pm
Where: 371 11th St. San Francisco
For more information, contact Brent: brent_saupe [at] yahoo.com
------------------------------------------------------------------------
*Tuesday, August 12th: Sacramento - ASA Affiliate, 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, August 12th @ 7pm
Where: 320 Harris Ave. Suite H
Sacramento,
For more info, contact Nathan [at] compassionatecoalition.org
------------------------------------------------------------------------
*Tuesday, August 12th: San Diego - SD ASA Meeting
*
At SD ASA , join dozens of community members in standing up for your rights. The San
Diego County Board of Supervisors continues its wasteful attempt to violate state law and
refuse to implement the state mandated ID card program that would allow patients to be
easily identified by law enforcement.
The board voted 4-1 yesterday to continue to spend thinning taxpayer dollars to ask the
state Supreme Court to review its lawsuit. San Diego County has been ruled against in
both Superior and Appellate courts, and many speculate it is very unlikely that the
Supreme Court will hear the case. When: Tuesday, August 12th @ 7pm
Where: International Cannabis University
6070 Mt. Alifan Suite 202
San Diego, CA 92111, Claremont
For more info, contact Dion, 4cccp [at] cox.net
------------------------------------------------------------------------
*Wednesday, August 13th: Newport Beach - Orange Co. ASA Meeting
*Come find the most recent information on medical cannabis science, law, and politics.
Discuss the local raids by federal DEA, and learn about how to get tapped in to the
growing movement of concerned citizens, fighting against the federal government to keep
the rights of Californians.
When: Wednesday August 13th @ 7pm
Where: Wentworth, Paoli, & Purdy, LLP
4631 Teller Ave. Suite 100
Newport Beach, CA 92660
For more information, please call Bill: (949) 752-7711
------------------------------------------------------------------------
*Saturday, August 16th: Los Angeles - LA ASA Meeting
*
LA-ASA will join hundreds of Angelinos at a peaceful protest in front of the federal
courthouse in downtown Los Angeles on Monday, October 6, to demonstrate in support of
medical cannabis provider Charles Lynch. Lynch was recently convicted for providing
medicine to legal patients, and his attorneys will be in court that day asking the judge
for a new trial. We will be discussing this protest at out LA-ASA meeting on August 16.
Find out what you can do to help.
When: Saturday, August 16th @ 1pm
Where: Patient ID Center, 470 S. San Vicente Blvd.
Los Angeles, CA 90048 (Cross street is Drexel, b/w Wilshire & 3rd St.)
For more info, contact Don [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
*Thursday, August 21st: Arcata - Humboldt Co. 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 21 @ 6pm
Where: Community Recreation Room of Bayview Courtyard Senior Housing Complex
550 Union St., Arcata
For more info, contact Linda-Anne - asa-humboldt [at] sbcglobal.net
------------------------------------------------------------------------
Government Icon City and County Hearings
------------------------------------------------------------------------
Monday, August 11th: Community to Speak Out at Culver City Council
Meeting
ASA is inviting medical cannabis patients and supporters to join the operator of Orgnaica
in Marina del Rey in speaking to the Culver City City Council on Monday, August 11, at
7:00 PM. The Culver City Police Department assisted in a DEA raid at that facility last
week, and many local advocates suspect the local police instigated the DEA action to
close Organica because it sits on the boarder between Los Angeles and Culver City.
What: Public Comments at Culver City City Council Meeting
When: 7 PM * Monday, August 11, 2008
Where: MIKE BALKMAN COUNCIL CHAMBERS, 9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA
90232-0507
Why: Tell the Culver City City Council to withdraw cooperation with DEA raids at medical
cannabis facilities
Dress in a professional manner and plan to arrive early to complete a public speaker's
card.
For more information, visit the ASA Discussion Forums
http://www.safeaccessnow.org/punbb/viewtopic.php?id=1581
------------------------------------------------------------------------
*Tuesday, August 12th: Activists to Protest San Bernardino County Lawsuit
*
On Tuesday, August 12, ASA Affiliates, led by the Marijuana Anti-Prohibition Project's
(MAPP) Lanny Swerdlow, will hold a protest in front of the SB County Government Center
where the Board of Supervisors will be meeting. San Bernardino County has expressed plans
to move forward with the fruitless lawsuit challenging the state mandated medical
cannabis ID card program. The protest is geared toward pressuring County Supervisors to
abandon the lawsuit, given severe budget restrictions at the county level, and the
likelihood that the State Supreme Court will not hear the case from the Appeals Court,
where it has already lost. MAPP plans on being in the Board room when the public comment
section is close to being considered . In addition, preceding the protests, MAPP
encourages others to send letters, emails, and phone calls to newspapers to the SB Board
of Supervisors.
When: Tuesday, August 12th - 11:00am
Where: Administrative Health Building
351 N. Mountain View Avenue
San Bernardino CA 92415
------------------------------------------------------------------------
Patients Rights Icon Court Support
------------------------------------------------------------------------
* Monday, August 11th: Luke Scarmazzo & Ricardo Montes - Motion for a New Trial &
Sentencing Hearing*
When: Monday, August 11th, 2008 at 1:30pm
Where: Courtroom 3, 7th Floor, Judge Oliver Wanger
2500 Tulare Street in Fresno, CA
On September 27, 2006, the City of Modesto called in DEA to raid the California
Healthcare Collective and arrested four people (owner-operators Luke Scarmazzo and
Ricardo Montes and two staff members) on charges of distribution of marijuana and
conspiracy to distribute. Scarmazzo and Montes were also charged with possession of
firearms and money laundering. An additional five people were indicted, brining the total
to nine prosecuted by the federal government.
The DEA allegedly seized more than 100 pounds of marijuana, one thousand plants, multiple
firearms, and more than $200,000 in cash. The raids were the result of a 15-month
investigation between the DEA and the Modesto Police Department.
On April 27, 2008, the day before the trial was scheduled to commence, Boissiere,
Valencia, and the Malagon brothers accepted plea bargains and pled guilty to possession
with intent to distribute, and the Malagon brothers pled guilty to conspiring to
manufacture and distribute. Valencia refused to testify for the government, turning down
the reduced plea bargain deal she was offered as an incentive. At the trial, Scarmazzo
took the stand, and was able to present evidence of medical cannabis but to no avail.
While the jurors had deadlocked on the conspiracy counts and acquitted on the firearms
counts, they delivered eight guilty verdicts against the defendants, including a
conviction for continuing criminal enterprise, which puts Scarmazzo and Montes at risk of
life imprisonment. At the end the trial, both defendants were literally wrested out of
the arms of their families and taken into the custody of U.S. Marshals because of the
severity of the penalties. Several jurors, upon learning the severity of the possible
penalties, expressed reservations about their votes to convict and the legitimacy of
medical marijuana prosecutions. Prosecutors have already successfully seized $200,000 and
are seeking $9.2 million in forfeiture.
Click here for more information. http://www.safeaccessnow.org/upcomingcourtdates
------------------------------------------------------------------------
*Monday, August 18th: Monica Valencia - Sentencing Hearing
*
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.
(See Above: Scarmazzo for Background )
------------------------------------------------------------------------
Marijuana Icon Special Events
------------------------------------------------------------------------
Monday, October 6th: Los Angeles, SAVE THE DATE! LA ASA to
Protest at Charles Lynch Request for New Trial
LA-ASA will join hundreds of Angelinos at a peaceful protest in front of the federal
courthouse in downtown Los Angeles on Monday, October 6, to demonstrate in support of
medical cannabis provider Charles Lynch. Lynch was recently convicted for providing
medicine to legal patients, and his attorneys will be in court that day asking the judge
for a new trial.
We will be discussing this protest at out LA-ASA meeting on August 16. If you can't
attend the meeting, be sure to SAVE THE DATE and stay tuned for next week's Weekly Alert,
where we'll fill you in on addition protest details!
------------------------------------------------------------------------
--
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
Everything Green is NOT a dispensing collective. Everything Green is the only hydroponics store in the City of Fairfield, CA. It is owned by Galen Lawton.
For more information:
http://www.medicalmarijuanaofamerica.com
Galen and Laura Lawton's jury trial had been postponed until November 3, 2008, with a readiness conference on October 30, at 1:30.
http://courtconnect.solanocourts.com/pls/bprod_cc/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=FCR220861&begin_date=&end_date=
http://courtconnect.solanocourts.com/pls/bprod_cc/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=FCR220861&begin_date=&end_date=
For more information:
http://www.medicalmarijuanaofamerica.com
We are 100% volunteer and depend on your participation to sustain our efforts!
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