ASA CA Weekly Alert

Thanks to everyone who showed their support over the past couple of
weeks during the dispensary raids in San Diego and San Francisco. For
coverage of the emergency response actions, see these sites:
San Francisco: http://www.safeaccessnow.org/article.php?id=2929
San Diego: http://www.safeaccessnow.org/article.php?id=2894

It's been a busy month, but the new year holds more in store for us and
we must keep up the fight for safe access! Enjoy the holidays and please
share your best wishes with our POWs.
*
1) Support Federal Defendants - Write to them over the holidays!
2) December 23rd, San Francisco: Festivus 2005
3) December 24th, Palm Desert: City Council to Vote on Moratorium on
Dispensing Collectives
4) January 5th, Guerneville: Sonoma ASA Meeting
5) January 10th, Whittier: City Council to Vote on Dispensary Ordinance
6) January 10th, San Francisco: SF ASA Meeting
7) January 10th, San Diego: SD ASA Meeting
8) January 11th, Fresno: Court Support for Thunder Rector
**9) Reminder: ASA is Seeking Submissions for Medical Marijuana Film
Festival
10) ASA Year in Review

*
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*1) Support Federal Defendants - Write to them over the holidays!

*Several federal medical marijuana defendants need your support. DC and
Joe Fortt are still in jail and would love to hear from their supporters
over the holidays. Please send letters and consider sending money
orders. (Money orders must be sent to jail separately from letters or
pictures, and they must be purchased from the US Postal Service.) Here
are their addresses:

Dustin Robert Costa
0526206
10/11/46
P.O. Box 872
Fresno, CA 93712

Joseph William Fortt
0523745
11/14/62
P.O. Box 872
Fresno, CA 93712

Guidelines on sending mail to the Fresno jail:
There is no limit to the amount of mail that an inmate may send or
receive. All mail is inspected for contraband, and will be returned to
sender if it includes anything not allowed. Items NOT allowed in mail to
inmates include any sexually explicit material or photographs, postage
stamps, stickers, or any item that is illegal or would cause a security
risk. Photographs are allowed, however may not be a Polaroid photograph.

Thunder is out of jail on bail but is in residential treatment at
Nirvana in Modesto. He would love to hear from you:

Thunder Rector
Nirvana
1028 Reno Avenue
Modesto, CA 95354

>From Jennifer Berg:
We are still trying to collect donations toward Louis' defense fund.
Please send your generous contribution to:
Defense Fund of Louis Fowler
P.O. Box 13381
Sacramento, CA 95813
*
*
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*2) Friday, December 23rd, San Francisco: Festivus 2005

*Join your host, Ed Rosenthal, plus your friends and neighbors, in
celebrating the season with an evening of magic, merriment and music
complete with an incredible gourmet dinner.

When: Friday @ 8pm

Where: SOMArts Center
934 Brannan @ 8th, San Francisco

Tickets: $65 each
Call 510-849-4692
tickets [at] green-aid.com

Festivus is a fundraising event for Green-Aid, The Marijuana Legal
Defense and Education Fund, a 501 (c)(3) corporation.
All proceeds from this event will be used to change the marijuana laws
through the courts. See http://www.green-aid.com for more information on this
organization's mission.

------------------------------------------------------------------------

*3) Saturday, December 24th, Palm Desert: City Council to Vote on
Moratorium on Dispensing Collectives

*Palm Desert will likely enact a moratorium. This will not effect the
existing dispensary, and the city intends to craft an ordinance allowing
dispensaries over the coming months.

11 a.m. Saturday
Civic Center, 73-510 Fred Waring Drive.

------------------------------------------------------------------------

*4) Thursday, January 5th, Guerneville: Sonoma ASA Meeting

*ASA Sonoma will be meeting to discuss a response to the Santa Rosa
dispensary ordinance and planning for the upcoming Sonoma ordinance. All
patients, advocates, and doctors are encouraged to attend and get
involved with our local ASA chapter.

Thursday, January 5th @ 6:30 p.m.

Odd Fellows Hall
16219 1st St. Next to Johnson Beach cabins
Guerneville, CA 95446

For more information, email asasanomaco [at] aol.com or call 707-332-6556

------------------------------------------------------------------------

*5) Tuesday, January 10th, Whittier: City Council to Vote on Dispensary
Ordinance

*The Whittier City Council has passed an ordinance allowing dispensaries
and will be having a final reading of the ordinance. Please come to show
your support for dispensing collectives!

City Council Chamber
13230 Penn Street

6:30 p.m.

------------------------------------------------------------------------

*6) Tuesday, January 10th, San Francisco: SF ASA Meeting

*It's more important than ever that San Francisco patients join together
to ensure regulations that protect patients' access, rights and privacy.
Join SF ASA to plan for the future of medical cannabis in San Francisco.

7:30pm

223A 9th St.
San Francisco
*
*
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*7) Tuesday, January 10th, San Diego: SD ASA Meeting

*Our San Diego chapter of ASA has been busy lately and needs you to get
involved. San Diego County is planning to sue the state to overturn
Proposition 215, and recently 13 local dispensaries were raided by the
DEA. It is time to get involved and protect safe access!

For more info about the chapter, please visit their site:
http://sdasa.4mg.com/index.html

Twiggs Coffee House
4590 Park Blvd.
In the Green Room
7:00-8:00 p.m.

------------------------------------------------------------------------

*8) Wednesday, January 11th, Fresno: Court Support for Thunder Rector
*
Motions hearing before Oliver W. Wanger in U.S. District Court, 1130 "O"
Street, Fresno, CA. Modesto patient and caregiver Thunder Rector was
arrested on July 18, 2005, as a result of a raid by the Stanislaus
County Sheriff earlier in July. Allegedly, the Sheriff confiscated 49
plants and 235 pounds of marijuana and handed it over to the feds.
Rector is now being prosecuted on federal charges of conspiracy and
manufacturing marijuana with intent to distribute. Rector and his wife
had been providing medical marijuana to patients at the San Francisco
Dispensary the Divinity Tree.

------------------------------------------------------------------------
*
9) Reminder: ASA is Seeking Submissions for Medical Marijuana Film Festival*

Two years ago, ASA hosted the Medical Marijuana Film Festival in
Oakland. It was a big success, with Martin O' Brien winning the
'People's Choice Award' for his documentary /Regarding Medical Marijuana./

ASA is hosting the 2nd Medical Marijuana Film Festival at the Parkway
Speakeasy Theater in downtown Oakland during Medical Marijuana Week 2006
(Thursday, February 16 @ 9:15), and we need your submissions! Winners
will be chosen. Prizes given! The only rules are that films must be
original, focused on medical marijuana, and no more than fifteen minutes
long (feel free to submit a portion of your film).

Please pass this message on to all the videographers, filmmakers, and
documentarians you know with a possible submission, and ask them to
contact Rebecca at rebecca [at] safeaccessnow.org for more information.

Please send submissions to the ASA office in DVD format:

Attn: Rebecca Saltzman
1322 Webster Street #208
Oakland, CA 94612

Ideally, we would like to see submissions by January 1st, but this is
not a hard and fast deadline.

------------------------------------------------------------------------

*10) ASA Year in Review*

*Dear ASA friends and supporters, *

It has been a long and victorious year for medical marijuana patients.
* *Despite what was thought to be a set back of the US Supreme Court
decision, the medical marijuana movement has marched on creating safe
and legal access to all those in our path! Below, you will find just a
few of ASA's many successes over the past year. We hope that these are
only the beginning and that 2006 will be the year when we secure safe
access for all. We could not have done it with out you. We hope you
choose to renew your financial support for 2006. If you give by Dec 31,
you can use your gift of compassion as a tax deduction, there by giving
less money to the feds to attack patients! Please send a check or money
order to ASA-SEE 1322 Webster St. Suite 208 Oakland, CA 94612 or online
at http://www.safeaccessnow.org/article.php?list=type&type=84
<http://www.safeaccessnow.org/article.php?list=type&type=84>
* *
*
-----HAPPY HOLIDAYS FROM EVERYONE AT AMERICANS FOR SAFE ACCESS! *
* *
*ASA'S LEGAL, MEDIA AND POLITICAL SUCCESSES OF 2005*

At the start of the 2005, ASA continued to receive reports of patients
being cited and prosecuted for conduct that has been lawful for more
than 8 years in CA. In response, the California Campaign for Safe
Access was started to fight back against this unfair and unjust
administration of the law. The campaign was designed to act as a
watchdog organization for the implementation of the California
Compassionate Use Act, especially to monitor law enforcement agencies
charged with enforcing the law. Throughout 2005, thanks to YOUR
financial support, Americans for Safe Access and the patients and
activists that comprise its membership have continued to score victories
in securing safe access to medical marijuana for patients who rely on it
for their treatment.

ASA was created in April of 2002 to try to bring national attention to
the Federal Government's campaign to terrorize medical marijuana
patients and their caregivers in states that had passed medical
marijuana laws. ASA very quickly created a national network that
included all major drug policy reform organizations, activists on the
ground in more than 55 cities and well trained patient-spokespeople
nationwide. As ASA's successes mounted in 2002-2003 through our
Emergency Response Plan and Court Support Campaigns, federal raids
screeched to a near halt which gave ASA more time to work on keeping
patients out of state jails and to monitor the implementation of state
laws. In 2003-04, ASA created a "How to Defend a Medical Marijuana
Patient" manual, trained over 500 public defenders, gave over 50 Know
Your Rights trainings to patients and caregivers and began the first
ever arrest database cataloging medical marijuana arrests in CA, and
started a campaign of patients demanding the return of their property
taken by law enforcement.

The changing landscape in 2005 required new strategies and tactics to
advance our goals. The California Campaign represents one of those. On
the national level ASA has continued to respond to Federal attacks on
patients. ASA continues to prepare patients and their providers for
raids and is enlisting new support across the country to respond to
attacks. ASA has also been driving efforts to reclassify marijuana at
the federal level in a way that recognizes its medical value. In 2002
ASA joined a Rescheduling Petition filed with DEA. Impatient with the
process without deadlines, ASA filed a Data Quality Act Petition with
HHS in 2004 and continued to pressure HHS with actions, meetings and
call in days for an answer. ASA expects to be in court no later than
February of 2006 over this petition.

In just three and a half years ASA has over 20,000 members, activists
working in more than 200 cities nation-wide, and has built a reliable
reputation that has a member of our staff in media stories at least 5
times a week. ASA had over 2 million hits to its website this year, has
answered over 14,000 patient requests, provided legal support for over
1200 patients and caregivers, quoted in over 1000 print publications and
were on countless TV ands radio shows. ASA staff testified at over 200
medical marijuana hearings and trained over 300 patients and advocates
how to be citizen lobbyists and able to speak to media.

Below, you will find just a few of ASA's many successes over the past
year. We hope that these are only the beginning and that 2006 will be
the year when we secure safe access for all. Again, we could not have
done it with out you. We hope you choose to renew your financial support
for 2006 by sending a check or money order to ASA-SEE 1322 Webster St.
Suite 208 Oakland, CA 94612 or online at
http://www.safeaccessnow.org/article.php?list=type&type=84
<http://www.safeaccessnow.org/article.php?list=type&type=84>

* *
*1. ASA FORCED CA HIGHWAY PATROL (CHP) TO RESPECT PATIENTS' RIGHTS*

Perhaps the biggest victory for medical marijuana patients and advocates
since the passage of the Compassionate Use Act, is the policy change
made by the California Highway Patrol (CHP) on August 22, 2005 as a
result of ASA's lawsuit challenging its illegal policy of mandatory
seizure of patient medicine: <http://www.safeaccessnow.org/chpvictory>.

This suit was built on ASA's first-of-its-kind arrest database
cataloging medical marijuana arrests in California. ASA was able to
create this database by offering free legal information to anyone who
called to report law enforcement encounters. We informed patients of
this service by distributing hundreds of thousands of pieces of
literature in CA. As of today we have logged over 750 encounters that
allow the ASA legal team to search violations by law enforcement agency,
localities, and even by officer. This information gives ASA an accurate
look at violations of the Compassionate Use Act and provides the basis
for responding to them.

After learning that CHP had a written policy that instructed officers to
seize patient and caregiver medicine regardless of any documentation
provided, the ASA legal team used information from our database of CHP
encounters to identify cases that could serve as the basis for a suit
against the department. The CHP General Law Enforcement Policy Manual
stated that, "Even if [medical marijuana patient status] is alleged, all
marijuana shall be confiscated and booked as evidence..." With 8
patients from our database, ASA filed a group lawsuit in Alameda County
Superior Court on February 15, 2005, challenging the CHP's policy with
regard to medical marijuana.


*2. PROTECTING PATIENTS' RIGHTS TO PRIVACY IN STATED ID CARD PROGRAM*

As a result of ASA's lobbying efforts, on October 28, 2005, DHS issued a
letter to local administering agencies making them aware of a revision
to the state ID card handbook. The revision struck the original language
in the section on maintenance of records that applied to the length of
time administering agencies are required to retain documents.. Review
the DHS letter of October 28, 2005, revising its county handbook
regarding maintenance of records.
<http://www.safeaccessnow.org/downloads/DHS_booklet_revision.pdf>


Upon passage of SB 420, the California legislature called for the
implementation of a statewide, voluntary medical marijuana ID card
program. Identification cards can assist law enforcement in more easily
verifying patient status. In August 2005, DHS rolled out its formal
statewide ID card program, and encouraged counties to begin local
implementation. Refer here for a complete listing of participating
counties, location of ID card program sites, and hours of operation.
<http://www.dhs.ca.gov/hisp/ochs/MMP/County_Programs_And_Card_Application_Hours/County_Programs_and_Card_Application_Hours.pdf>

ASA quickly discovered a glaring problem with the protocols concerning
record maintenance procedures in the DHS-issued county handbook. These
procedures instructed departments to retain patient records for "at
least one year" and alluded to procedures that could allow patient
documentation to be retained indefinitely.

With the possibility of federal subpoena and risk of self-incrimination
ever-present for patients participating in the ID card program, the DHS
document retention policy created unnecessary vulnerability and
potential harm for tens of thousands of people in California. ASA's
lobbying efforts included a series of call-in days to state legislators,
accompanied by letters from California legislator and co-author of SB
420 Assembly Member Mark Leno to write a letter to DHS
<http://www.safeaccessnow.org/downloads/Leno_letter.pdf>, the Director
of Santa Cruz County and San Francisco Departments of Public Health.
ASA also worked with San Francisco to pass a resolution calling for the
delay in its implementation until the state regulations can be changed
http://www.safeaccessnow.org/downloads/SF_resolution.pdf .

*3. CREATING SENSIBLE REGULATIONS FOR DISPENSARIES*

Despite the fact that a majority of patients in California rely on
dispensing collectives (dispensaries) for their medicine, many cities
are trying to cut off that route to safe access. In an attempt to stem
the tide of permanent and temporary bans on dispensing, ASA filed a
civil lawsuit against the City of Fresno challenging the city's policy
of banning dispensaries as a violation of the Compassionate Use Act
(CUA) and SB 420. At the time the lawsuit was filed, only four cities
had permanently banned dispensing and the list of localities that had
declared moratoriums was under twenty. Today, while a total of 26
localities have passed ordinances allowing for and regulating
dispensaries, at least 58 cities and counties across the state have
declared moratoriums, and ten have declared permanent bans.

As a result of our education and litigation campaigns, encouraging
sensible regulations on dispensing, 6 localities (Alameda County, Santa
Rosa, Visalia, Whitter, San Francisco and West Hollywood) have adopted
ordinances regulating dispensaries. That brings the total to 24
municipalities that have adopted such policies since the Gonzales v.
Raich decision to total.
<http://www.safeaccessnow.org/article.php?id=2208>.

The education campaigns included mailing elected officials Regulation
Package (legal positions papers, letters from supportive city council
members and board of supervisors, copies of lawsuits filed in cities
with bans, sample legislation, and media coverage of ban lawsuits),
calls from ASA staff to .
elected officials, and calls to city attorneys from ASA's staff
attorney. ASA also sent action alerts to local constituents calling for
meetings, call-in days, and lobbying days. We provided talking points
and supporting documents to activists specific to their city's
ordinance. ASA traveled across California twice this year giving media
and citizen lobbying trainings to prepare activist to participate in
campaigns.
* *
*4. CREATING MODEL LEGISLATION FOR DISPENSING*

In April, the mayor of San Francisco called for a moratorium on any new
dispensaries until regulations were created. Following the passage of
the moratorium, three very different proposals were introduced; two
proposals that were very unfriendly patients introduced by conservative
Board of Supervisors Elsbernd and Sandoval and one well intentioned
proposal by board member Mirkarimi which needed several amendments.
Through intense lobbying efforts, ASA was able to eliminate Elsbernd and
Sandoval's proposals.

On Tuesday, November 15, 2005, the San Francisco Board of Supervisors
unanimously passed an ordinance to control and regulate medical cannabis
dispensaries (MCDs) across the city. The ordinance, which was
officially signed by the acting mayor on November 30, 2005, takes effect
December 30, 2005. Beginning on this date, any currently operating
dispensary will have 18 months to seek a permit by the city or cease
operations and any /new /dispensary will have to seek a permit prior to
beginning operations.

The ordinance is comprehensive in scope and grants wide protection to
most MCDs currently operating in the City, specifically providing that
these "older" dispensaries will be allowed to seek permits if they are
within one foot of a school or recreation building. Additionally, ASA
worked to solidify a letter from Assemblyman Mark Leno to the Board of
Supervisors clarifying the legislative intent of a provision in SB420
which helped to win passage of an amendment that permit on-site smoking
within 1,000 feet of a school "unless otherwise prohibited by state law".

In addition, ASA helped to solidify support for the following provisions
of the legislation:

- Eliminated the threat of an anti-cluster provision and threat of
cap on the number of clubs
- Eliminated provision requiring that medical cannabis
dispensaries (MCD) retain documents to be shown upon request to police
and other agencies
- Forced compromise on zoning
- Eliminated proximity restriction to substance abuse
centers...prohibition now on "same structure as" not "proximity to".
- Forced compromise on plant numbers
- Forced broad definition of "excessive profit". Permits MCDs to
keep separate accounts to protect against federal incursion and provides
that these funds will not be counted as profit.
- Includes provision that each year DPH submit a report to Board
of Supervisors reporting on adequacy of access and related issues
- Via letter from Mark Leno, forced compromised language for
on-site consumption (went from a prohibition at less than 1,000 feet to
a 'don't ask don't tell' policy)
- Protected 33 out of 37 MCDs; grandfathering all but four in at
current locations.
- Sparked resolution to halt the implementation of the state-ID
card program
- Confirmation that Mirkarimi and Ma will introduce follow up
legislation to provide for relocation of the four clubs in jeopardy. In
addition, there is likely to be an amendment offered by Chris Daly to
eliminate the 1,000 foot proximity restriction in favor of a 500 foot
restriction.
- Confirmation that Mirkarimi will introduce follow up legislation
to establish a community oversight board (ideally this board would feed
and follow up on the annual report due by DPH to the Board of Supervisors)
It is ASA's plan to use this legislation as a model around the State.
* *
*5. STOPPING BANS ON DISPENSARIES*
As a result of the dispensary ban lawsuits and political lobbying, at
least 4 localities that had previously threatened a permanent ban,
reversed their position and refused to implement a prohibitionist policy
(Auburn, Huntington Beach, Palm Desert, and Windsor). As a result of our
educational campaign, explaining that moratoria are punitive and
unnecessary for arriving at sensible regulations, 2 localities (Morro
Bay and Stockton) discontinued their temporary bans and are continuing
to develop regulations without moratoria.

Following ASA's lawsuit against the City of Fresno for its illegal
policy of permanently banning dispensing collectives from operating, it
is capitulating by developing a revised policy. If the revised policy
still does not provide the means for safe and affordable access, ASA is
prepared to continue to litigate the matter. For more information:
<http://www.safeaccessnow.org/article.php?list=type&type=205
<http://www.safeaccessnow.org/article.php?list=type&type=205>>.

During the process of filing lawsuits against three cities for their
policy of permanently banning dispensing collectives, the City Attorney
from Pasadena, one of the cities being sued, indicated that a repeal may
be possible and publicly, in front of city officials from across the
state attending the League of California Cities convention, encouraged
ASA to delay serving the complaint (we have filed, but not yet served
the complaint). Read more on the lawsuits
here: <http://www.safeaccessnow.org/article.php?list=type&type=205
<http://www.safeaccessnow.org/article.php?list=type&type=205>>.

*6. STOPPING MORATORIUMS ON DISPENSARIES*
As a result of our educational campaign to discourage moratoria and
encourage adoption of sensible regulations without the need for
moratoria, at least 6 localities (Guerneville, City of Los Angeles,
Mountain View, City of San Diego, City of Tulare, and Visalia) are
either developing or have already adopted ordinances regulating
dispensaries without first adopting a moratorium.

*7. FORCING CITIES TO CHANGE CONSTITUTIONAL VIOLATIONS IN MMJ POLICIES*
ASA involvement in litigation initiated by the city of Ukiah against a
medical marijuana cultivator resulted in a court ruling declaring
unconstitutional the city's permitting process for cultivators. As such,
the city of Ukiah is taking steps to amend its ordinance accordingly.

*8. PROTECTING PATIENTS AND CAREGIVERS FROM SELF-INCRIMINATION*
As a result of a combined legal and political campaign by ASA, objecting
to the taxation of medical marijuana, the state Board of Equalization
(BoE) is set to adopt a policy that protects patients and caregivers
from self-incrimination.

While the state BoE is poised to approve sales tax on medical marijuana,
ASA's lobbying and legal position, emphasizing the risk of
self-incrimination, the current proposal calls for merely issuing a
seller's permit to those requesting one and does not require detail on
the product being sold. Read ASA's position paper:
<http://www.safeaccessnow.org/downloads/taxposition.pdf>.

*9. PATIENTS' EMPLOYMENT RIGHTS PROTECTED*
On September 7, 2005, the Court of Appeal for the Third Appellate
District published a decision denying a qualified medical marijuana
patient any remedy for being terminated from his or her employment
simply for testing positive for marijuana. In Ross v. Ragingwire
Telecommunications, Inc., the court relied on federal law to defeat Gary
Ross' state law causes of action for wrongful termination in violation
of public policy as well as employment discrimination in violation of
California's Fair Employment and Housing Act. ASA, acting as co-counsel
on the case, drafted the petition seeking review by the California
Supreme Court.
<http://www.safeaccessnow.org/downloads/Ross_v_Ragingwire.pdf> The
Compassionate Use Act expressly declares that it is the public policy of
the state to ensure the right of seriously ill Californians to obtain
and use marijuana medicinally. No federal law mandates that Gary Ross
be fired for exercising this right in the privacy of his own home.
Important issues of federalism and employment discrimination are at
stake in this case. In what indicates the Court's interest to overturn
the lower court decision, on November 30, 2005, review was granted.

In another employment case, Santa Clara County patient Jesse Ewing was
fired from his job and later was denied unemployment insurance benefits
because of a positive drug test. ASA appealed the denial of the
unemployment insurance on January 21, 2005
<http://www.safeaccessnow.org/downloads/Ewing_brief.pdf>, and won the
reinstatement of benefits in a March 25, 2005 ruling by the California
Unemployment Insurance Appeals Board. Relieving ASA of the need to sue
Jesse's employer for wrongful termination, his job was reinstated in
December 2005.
* *
*10. PATIENTS' PROPERTY RETURNED*

In 2004, ASA began a campaign with the goal of forcing cities and
counties to create better guidelines for patient-law enforcement
encounters. ASA created standardized forms and solicited patients to
file with courts to get their property back. In some cases ASA had to
sue to get the property back, in others it was simply returned. The
campaign continues but most importantly ASA has made legal materials
easy to access for patients and their attorneys. The following is one of
many of the success stories we have heard:

Matt Vaughn of the Medical Marijuana Caregivers Association of El Dorado
County was pulled over by CHP on June 5, 2005 in Glenn County. Matt's
pipe and 36 grams of his medicine was confiscated, ignoring his status
as a patient. Matt was also charged with possession. With the help of
ASA, Matt downloaded a motion to dismiss from the Legal Brief Bank on
ASA's web site