Americans for Safe Access Legal Campaign Update

Hello ASA supporters,

Americans for Safe Access (ASA) and its Legal Campaign has begun 2005 with a
bang! With patients continuing to be cited and prosecuted for conduct that
has been lawful for more than 8 years, ASA thought it was time to fight
back!

Seizure of medicine, which occurs with nearly every law enforcement
encounter, is the issue that ASA is challenging and we have targeted the
worst violator of medical marijuana law, the California Highway Patrol.

In order to help educate patients, caregivers, and others on medical
marijuana law, ASA has developed an updated Patients Legal Manual. This new
manual will be available from us shortly.

With medical cannabis dispensing collectives and cooperatives coming under
greater scrutiny in California, it is important that all operators and their
staff know their rights and what to do in case of a raid. ASA now offers
training to dispensing operators and their staff. Call Rebecca at
510-251-1856 for more details.

ASA continues to provide critical legal information to hundreds of patients,
caregivers, public officials and attorneys across the country. ASA is also
assisting in and working on many pending cases related to medical marijuana.

We need your help to continue this work. Please renew you commitment to
patients' rights to access medical marijuana by making a tax-deductible
donation to Americans for Safe Access. Make checks payable to ASA-SEE and
send to 1322 Webster St Suite 208 Oakland, CA 94612 or donate on line @
http://safeaccessnow.org/article.php?list=type&type=84


ASA LEGAL CAMPAIGN UPDATE

CHP Lawsuit
The California Highway Patrol (CHP) has one of the more repressive policies
with regard to encounters with medical marijuana patients. In defiance of
SB420, allowing for the transportation of medical marijuana, the CHP has a
policy that instructs officers to seize patient and caregiver medicine
regardless of any documentation provided. The CHP
General Law Enforcement Policy Manual states that, "Even if [medical
marijuana patient status] is alleged, all marijuana shall be confiscated and
booked as evidence..."

ASA filed a group lawsuit in Alameda County Superior Court on February 15,
2005, challenging the CHP's policy with regard to medical marijuana. ASA is
seeking declaratory injunctive relief on behalf of eight plaintiffs. If
successful, CHP will be instructed to change its policy. In addition, ASA is
seeking concessions from the California Attorney General and Governor to
help bring law enforcement across the state in line with the Compassionate
Use Act and SB 420. A preliminary injunction will be filed soon.


Return of Property
ASA is continuing to work with patients and caregivers to get their medicine
back from law enforcement and the courts. This is another effort to stem the
seizure of patient's medicine by police.

Here is a review of the various Return of Property cases on which ASA is
working:

Tony Bowles
In addition to being a plaintiff in the CHP lawsuit, Tony Bowles is seeking
the return of his property. ASA is representing Bowles who was stopped and
cited by CHP in May 2004. Police seized 1/8 ounce of medical marijuana that
Tony, a caregiver for his mother at the time, was delivering. Bowles was
recently denied the return of his property in SF Superior Court, but ASA has
appealed and expects this case to provide good law for those who are forced
to fight for the return of their medicine.

James Blair
ASA is representing medical marijuana patient and cultivator James Blair in
filing a civil suit against the City of Emeryville and Emeryville Police
Department for damages resulting from his wrongful arrest and the seizure of
his medicine. After the dismissal of his case and while still in police
possession, most of Blair's property, including his medicine, was stolen.
ASA is using the Bane Civil Rights Act to seek triple damages for Blair and
attorneys fees for the organization. Blair has a Demurrer Hearing on April
21, 2005.

Michael Lee
ASA is filing a lawsuit in federal court on behalf of San Leandro patient
Michael Lee who had 99 marijuana plants seized from him in 2000 by the
Contra Costa Sheriff Department. After charges against him were dismissed,
Michael filed a motion for return of property. The court denied the motion
on the grounds that the case was still under investigation and that the
statute of limitations had not run out. Michael then waits three years and
with ASA's assistance files another motion for return of property. At an
August 2004 hearing, Michael finds out that police have destroyed his
property without his consent. The judge denied the motion for return of
property, but made comments that are extremely helpful for taking Michael's
case to federal court to argue Fifth and Fourteenth Amendment (due process)
violations. This may result in damages for Michael, but just as importantly
may also create good publicity for a federal court to rule that local law
enforcement is violating law by seizing and destroying medicinal marijuana.


Department of Motor Vehicles
Late last year it became evident that the Department of Motor Vehicles (DMV)
in California was using medical marijuana as a reason to demand a drivers
license re-examination. Although Diane Monson, a co-defendant in the
Ashcroft v. Raich case, effectively fought off one of these notices of
re-examination, others around the state are experiencing more of the same.
ASA is taking very seriously what appears to be collaboration between local
law enforcement and the DMV to harass patients. ASA is currently
representing one patient in such matters and is strongly considering
pro-active legal action.


Dispensing Collectives and Cooperatives
The last few months has seen a dramatic increase in the number of
moratoriums adopted by cities and counties across California for the purpose
of temporarily prohibiting operation of dispensing collectives and
cooperatives. While many locales have the best intentions for arriving at
regulations that are amenable to patients and neighbors alike, ASA is
concerned about the cities and counties that choose to permanently ban
dispensing. Therefore, ASA is considering a challenge to one of the city
ordinances, establishing a permanent ban (Fresno, Rocklin, and Yuba City).


Employment & Housing Discrimination
Employees and tenants are also being punished for exercising their right to
use marijuana medicinally. We currently represent two employees in
California who were fired after testing positive for medical marijuana, even
though they never did so at work. Within two weeks, they were also denied
unemployment. After having to appeal the denial of unemployment in both
cases, ASA was successful in reinstating benefits for one of the patients.
Making the claim that an employer cannot retaliate against an employee for
exercising his or her statutory right to use marijuana for medical use,
ASA's next step is to file suit against the employer for wrongful
termination.

ASA has also corresponded with numerous employers about their requirement to
abide by state law in not excluding potential employees based on a positive
test for medical marijuana.

ASA has also done research and provided legal information in the area of
housing discrimination as applied to medical marijuana patients. We have
assisted numerous patients, attorneys, and organizations working on this
issue.


Child Custody
ASA has recently experienced a rash of calls regarding government
intervention in the lives of families for the express purpose of removing
the children from the care of parents that use cannabis as medicine. We are
doing what we can to assist in these situations, but more attention is
needed in this area. ASA is doing research to find helpful information that
can be used in dealing with Child Protective Services and Family Court.


General Legal Info
ASA provides ongoing criminal defense information over the phone and has a
database of hundreds of such cases. The component of ASA’s legal campaign
that provides advice over the phone has resulted in the education of
numerous attorneys and patients alike as well as giving the movement
guidance in what legal strategies should be employed.

Don't forget to update your commitment! Make checks payable to ASA-SEE and
send to 1322 Webster St Suite 208 Oakland, CA 94612 or donate on line @
http://safeaccessnow.org/article.php?list=type&type=84

Thank you!

Steph Sherer
Executive Director
Americans for Safe Access