Fresno Sued by Medical Pot Advocacy Group

Americans for Safe Access News Advisory
Media Contact: Hilary McQuie: (510) 333-8554
Monday, April 25, 2005

Fresno Sued by Medical Pot Advocacy Group
Advocates Say Fresno Defied State Law in Banning Cannabis Clubs

Fresno, CA - A medical marijuana advocacy organization today filed a
lawsuit against the city of Fresno for enacting a ban on medical
cannabis dispensaries. The lead plaintiff, William McPike, is suing
Fresno with Americans for Safe Access (ASA), a medical marijuana
organization concerned with what they contend are the illegal permanent
bans passed by Fresno and 3 other California municipalities.

"The permanent ban on dispensing, enacted by Fresno and a handful of
other cities in California, is an unlawful barrier to medical
marijuana," said ASA Legal Campaign Director Kris Hermes. "Without the
means of growing it themselves or finding a caregiver to do it for them,
dispensing collectives maybe a patient's only legal option for obtaining
medical marijuana."

William McPike applied for a business license for the "Tower Health
Clinic and Dispensary", and went to the city repeatedly to satisfy their
informational requests. When he thought he was close to being denied or
approved, the city council passed the ban without informing him of the
hearing, or the decision, until a couple of days after the fact.

The basis of the lawsuit is that Fresno is in violation of SB 420, which
the California legislature passed into law in 2003 in order to clarify
the Compassionate Use Act (CUA), noting that uncertainties in the act
have prevented qualified patients and primary caregivers from obtaining
the protections afforded by the act. According to the ASA lawsuit,
cities and counties are compelled by SB 420 to implement ways in which
qualified patients and designated primary caregivers can obtain the full
protections afforded by the act. (To see the complaint, go to
http://www.safeaccessnow.org/downloads/dispensary_complaint.pdf

Currently, there are thirteen cities or counties that have enacted local
ordinances recognizing and regulating medical cannabis dispensing
collectives. Thirty-four other localities have temporary moratoria while
they write ordinances. (see attachment or
http://www.safeaccessnow.org/downloads/dispensary_report.pdf) Americans
for Safe Access says they have not ruled out litigation against the
cities of Rocklin, Yuba City, and San Rafael, which have also passed
permanent bans.

The US Supreme Court will rule this spring on Ashcroft v. Raich to
determine the extent to which the federal government has authority to
interfere in the intrastate conduct of medical marijuana patients.
However, even if the Ninth Circuit's decision in Raich v. Ashcroft is
overturned, the decision will not alter the California state law
allowing for collective and cooperative dispensaries.

# # # #
Americans for Safe Access
Defending Patients' Access to Medical Marijuana!
http://www.SafeAccessNow.org <http://www.SafeAccessNow.org>

--
Kris Hermes
Legal Director
Americans for Safe Access
http://www.SafeAccessNow.org
1322 Webster Street, Suite 208
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris [at] SafeAccessNow.org