ASA CA WEEKLY ALERT

*Weekly Roundup*

1) Ed Rosenthal Hearing Report, Garry Silva Faces State Charges & LA
Moratorium Update
*
ASA Chapter Meetings*

2) Thursday, November 2nd, Guerneville: Sonoma ASA Meeting
3) Thursday, November 9th, Sacramento: Sac ASA Meeting
4) Saturday, November 4th, Modesto: Central Valley Patients Coalition
Meeting

*City & County Hearings*

5) Monday, November 6th, San Pablo: City Council to Vote on Dispensary Ban
6) Monday, November 6th, Lawndale: City Council to Hold Final Vote on
Dispensary Regulations

*Court Support
*
7) Monday, October 30th, Santa Rosa: Marvin's Gardens Return of Property
Hearing
8) Monday, November 6th, Fresno: Status Hearing for California
Healthcare Collective Defendants
9) Tuesday & Wednesday, November 7th & 8th, Fresno: Jury Selection &
Trial for Dustin Costa Begins
10) Wednesday, November 8th, San Francisco: Motions Hearing for Ed
Rosenthal & Rick Watts

*Special Events*

11) Sat-Sun, October 28th-29th, San Francisco: Wonders of Cannabis Festival
12) Tuesday, October 31st, San Diego: Patients Protest DEA Raids Outside
of DEA Anti-Medical Marijuana Conference
13) Tuesday, October 31st, Hollywood: Spooky Train Halloween Party ASA
Benefit
14) Saturday, November 4th, San Francisco: Prop 215 10th Anniversary
Celebration
15) Wednesday, November 15th, San Francisco: Upward & Onward: 10 Years
of Visionary Reform in California,

a reception benefiting the Drug Policy Alliance

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*Weekly Roundup*
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* 1) Ed Rosenthal Hearing Report, Garry Silva Faces State Charges & LA
Moratorium Update*
*
*/Update on Ed Rosenthal Hearing
/

On Wednesday, October 25, Ed Rosenthal and Rick Watts appeared before
federal judge Charles Breyer for a status conference on the superseding
indictment filed against them by the US Attorney's office in San
Francisco. The hearing was largely an occasion for Judge Breyer to dress
down AUSA George Bevan. While he took no definitive action, Judge Breyer
stated that he would be dismissing the primary charges against Watts for
being in violation of the Speedy Trial Act; he indicated his strong
inclination was to dismiss with prejudice -- meaning he could not be
charged again.



AUSA Bevan tried to argue that Rosenthal's appeal was one reason, or
that it was Watts' responsibility to present himself for trial once he'd
recovered from the auto accident that had made him unavailable for the
original trial, or that it was even somehow the court's responsibility,
not the prosecutor's. But Judge Breyer was having none of it, saying
that a co-defendant's appeal was no justification for not bringing
charges, and that what the prosecutor was describing were just ways to
circumvent the Speedy Trial Act.



Judge Breyer instructed Watt's attorney to file motions seeking
dismissal of the remaining conspiracy and tax evasion charges under the
6^th and 5^th Amendments. Those motions are due November 22, the
government's response December 1, and a hearing on the remaining charges
against Watts will be held December 6.



Judge Breyer then turned his attention to the Rosenthal charges, noting
that the primary counts against him were identical to those for which
he'd already been convicted and already served his sentence. So, Judge
Breyer mused, turning again to AUSA Bevan, "One wonders, what is the
purpose of this prosecution?" Bevan's answer was that Rosenthal had left
the courtroom and gone in front of the microphones claiming his trial
had been "unfair," that even jurors had been in the press saying it was
unfair, and that had made him "personally very uncomfortable."



This occasioned a lecture from Judge Breyer on First Amendment rights,
but Bevan retreated only so far as to say that he wanted to present a
more complete case that showed all of Rosenthal's conduct, including
that behind the allegations of money laundering and filing false tax
returns.



Judge Breyer then noted that money laundering is a crime of intent.
Money laundering is only those case where someone is converting what
they think to be illegal proceeds to something that looks legal, so
Rosenthal's state of mind would have everything to do with guilt or
innocence, meaning all the evidence that was excluded from the original
trial -- Ed's deputization by the city of Oakland, the fact that the
clones he was growing were only for qualified patients, all the
information about state law, etc. -- would have to be heard by the jury,
the information that the original jury told the press would have led to
an acquittal, had they been told.

On the issue of whether everything was full reported on tax returns,
Judge Breyer suggested that the tax charges might be tried separately
from the others, noting that the facts were far simpler and could be
decided more quickly, since the legality or illegality of the enterprise
is irrelevant to the obligation to pay taxes. He then asked for written
responses from the attorneys on the question of severing the tax
charges. Those papers are due to the court November 3, with a hearing on
separate trials to be held November 8.

/Patient Garry Silva, Raided by the DEA in March, Turns Himself in to
Face State Charges/

Update from Ryan Michaels:

On March 14, the DEA broke down the door of a small private patient
collective in Sky Valley, CA. Patient Garry Silva sustained a broken
collar bone and lacerations to his face when DEA agents busted down his
door seeking Silva's 70 plants. Silva was not arrested or charged with
any crime, but was warned by agents that he would be arrested if he
continues to grow his medicine.

This Tuesday, October 24th, Silva was informed a warrant had been issued
for his arrest for a combination of charges in relation to the medical
marijuana raid on his home from March 14th, 2006.

Silva received no contact from local law enforcement and seemed to catch
officers "off-guard" when he surrendered himself to Palm Springs Police
Department. As Silva was wheeled into the lobby he was met by local
media from Channel 2,3, and 6. Silva's next appearance will be in court
on November 22nd with regards to the charges which include cultivation,
possession of marijuana with intent to sell, and possession of a firearm.

For more information contact ryan [at] iesafeaccess.org

/Los Angeles City Council Submits Motion for a Moratorium on New Collectives
/On Tuesday, October 24th, the Los Angeles city council Planning and
Land Use Management Committee asked the Planning Department, the LAPD
and the City Attorney's Office to draft an ordinance calling for a
one-year ban on building new medical marijuana dispensaries. The idea of
the moratorium was brought up last month by Councilman Dennis Zine,
citing the proliferation of dispensaries as well as a fear of diversion
as reasons for implementing a moratorium. However, the City Attorney
report included positive recommendations about the need and legitimacy
for medical cannabis dispensaries. The report read "...regulation of the
location and operation of medical marijuana dispensaries is necessary to
protect the public health, safety and welfare. By adopting an ordinance
addressing the impacts occurring and expected to occur from medical
marijuana dispensaries, local control and policy can focus on the
impacts from the land uses."
*
*
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*ASA Chapter Meetings*
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*
**2) Thursday, November 2nd, Guerneville: Sonoma ASA Meeting*

When: Thursday at 7:30pm
Where: Marvin's Gardens 15025 River Road (towards Guerneville)

Come check out Sonoma's chapter of American's for Safe Access. We've got
a lot to go over this month, dispensary
regulations and plant guidelines are being discussed county wide.
Patients, supporters, caregivers and friends are
welcome to come share their opinions on what should happen locally. More
info 707-332-6556

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*
3) Saturday, November 4th, Modesto: Central Valley Patients Coalition
Meeting*

Please join central valley patients and supporters to help plan and
strategize for the defense of patients rights in Stanislaus County,
Merced County, and beyond! Agenda items will include: The recent raid
in Modesto, court support, letters to the editor, safe access, and
more. The CVPC meets on the first Saturday of each month, at 9:00 AM.

New Location: These meetings will now be held at 1009 Bingham Dr.,
Modesto, CA, 95350.
Directions:
http://www.google.com/maps?f=q&hl=en&q=1009+Bingham+Dr,+modesto+ca&ie=UTF8&z=15&om=1&iwloc=A

For additional information, contact Shirley Cox, Public Relations
Officer for the Central Valley Patients Coalition:
shirley [at] CompassionateCoalition.org

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*4) Thursday, November 9th, Sacramento: Sac ASA Meeting*

Sacramento ASA has begun meeting again and they're busy strategizing on
ways to effect local, state and national policies.

The Sacramento medical marijuana community was once extremely active
with Americans for Safe Access. Sac ASA met
regularly, organized a huge rally for Bryan Epis at the Capitol, and did
all they could to protect patients' rights. Patients and advocates in
the Sacramento area are coming together again to reinvigorate ASA.
Please join them at their bi-weekly meetings:

Thursday @ 6:00 p.m.
!Pura Vida! (next to the Capitol Wellness Collective)
2400 14th Street, Sacramento

All are welcome. This is a great opportunity to get involved with ASA
and to work on both local
and national campaigns.

For more information, please call 916-325-9000.

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*City & County Hearings
*
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*5) Monday, November 6th, San Pablo: City Council to Vote on Dispensary Ban*

WHERE: City Hall Council Chambers at 13831 San Pablo Avenue
WHEN: 7:00 p.m.
WHY:San Pablo is in the second year of a cannabis club moratorium that
expires in May. In July, the council instructed Libow and the city staff
to draft an ordinance that would ban cannabis clubs in deference to
federal law. No member of the public spoke at the last public hearing,
which ended in a 4-0 vote by the commission to recommend passage of the
proposed ordinance by the City Council on Nov. 6. Please come forward to
voice your right to safe access!

For ASA talking points against dispensary bans, click here.
<http://www.safeaccessnow.org/article.php?id=2717>

For the complete article "Cannabis clubs may be banned", click here.
<http://www.contracostatimes.com/mld/cctimes/news/local/states/california/counties/west_county/15795628.htm>
*
*
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*
**6) Monday, November 6th, Lawndale: City Council to Hold Final Vote on
Dispensary Regulations*

WHEN: 6:30 p.m.
WHERE: Council Chamber at Lawndale City Hall, 14717 Burin Avenue, Lawndale
WHY: After receiving an application for a business license for a local
collective, Lawndale city council enacted a moratorium on the
establishment of medical marijuana dispensaries in June, then extended
the moratorium until May of next year. The local medical marijuana
community has worked diligently to establish working guidelines to
protect safe access. Please come show support for the establishment of
model dispensing collectives!
*
*For ASA Talking Points on Medical Cannabis dispensary regulations,
click here. <http://www.safeaccessnow.org/article.php?id=2716>

P.S. Kudos to Bob, Trudy & the rest of the Lawndale medical marijuana
community for all their hard work!

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*Court Support
*
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*7) Monday, October 30th, Santa Rosa: Marvin's Gardens Return of
Property Hearing*

WHEN: 8:30 a.m.
WHERE: Courtroom 14, Hall of Justice 600 Administration Drive Santa Rosa
WHY: Last March, the Sonoma County sheriff raided a collective garden
supplying Marvins Gardens. The medicine was then destroyed, citing fear
of the medicine "self combusting" in the locker room. All charges have
been dropped, but the collective is still fighting for the motion for
the return of their illegally confiscated property.

For more information, please contact 707-869-1291

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*
8) Monday, November 6th, Fresno: Status Hearing for California
Healthcare Collective Defendants*

Status hearing at 9am before Judge Lawrence J. O'Neill in U.S. District
Court, 2500 Tulare Street, Fresno, CA. After the City of Modesto failed
to shut down the California Healthcare Collective by banning
dispensaries, the DEA was called in. On September 27, 2006, the
collective was raided and four people were arrested (two operators and
two staff) on charges of distribution of marijuana and conspiracy to
distribute. The two operators were also charged with possession of
firearms and money laundering. Later, an additional five people were
indicted, bringing the total to nine people being prosecuted by the
federal government. In the raid, 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. All
defendants have been released on bail pending trial.

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*
9) Tuesday & Wednesday, November 7th & 8th, Fresno: Trial for Dustin
Costa Begins*

Trial before Judge Anthony W. Ishii in U.S. District Court, 5th Floor,
2500 Tulare Street, Fresno, CA. Medical marijuana patient and caregiver
Dustin Costa (a.k.a. "DC Greenhouse"), 58, who is president of the
Merced Patients Group, was being prosecuted on state charges stemming
from a March 2004 cultivation arrest by Merced County Sheriffs, when the
state decided to turn his case over to the U.S. Attorney for federal
prosecution. After being re-arrested by federal agents on August 10,
2005, Costa is facing federal charges of cultivation, possession with
intent to distribute, and possession of a firearm. Costa is currently
incarcerated in Fresno while he awaits trial.

Costa is scheduled to go to trial on November 7. The first day is likely
to entail only jury selection with the following day (11/8) likely to be
the first day of trial.

ASA is calling on the patient community to attend the trial beginning on
November 8th. Dustin Costa needs our support!

Judge Anthony W. Ishii
U.S. District Court
2500 Tulare Street
Fresno, CA

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*10) Wednesday, November 8th, San Francisco: Motions Hearing for Ed
Rosenthal & Rick Watts*

Hearing on a motion to dismiss certain charges before Judge Charles
Breyer at 2:15 p.m. in U.S. District Court, 450 Golden Gate, San
Francisco, CA. Superseding indictments were filed against medical
marijuana author and cultivator Ed Rosenthal and Rick Watts in October
2006. In addition to being prosecuted on prior charges, stemming from
the first indictments, they also face money laundering and tax evasion
charges. Rosenthal and Watts were arrested in February 2002 after the
DEA raided the Harm Reduction Center in San Francisco. Due to not being
able to assert a medical (Raich) defense, Rosenthal was convicted in
January 2003 (Watts was unable to stand trial due to injuries sustained
from an auto accident). After outrage expressed by jurors and supporters
alike, U.S. District Court Charles Breyer sentenced Rosenthal on June 3,
2003 to one day in prison. Rosenthal later got his conviction overturned
based on jury misconduct. The federal Ninth Circuit Court of Appeals
then remanded the case back to district court, where the government is
currently retrying Rosenthal.

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*Special Events*
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*
**11) Sat-Sun, October 28th-29th, San Francisco: Wonders of Cannabis
Festival*

San Francisco- Halloween weekend, Golden Gate Park's Hall of Flowers
will be the scene of the second annual Wonders of Cannabis Festival.
Join host and international marijuana guru Ed Rosenthal as he showcases
cannabis culture and celebrates the marijuana/hemp plant from 11 AM to 7
PM on Saturday and Sunday, October 28 - 29, 2006.

This indoor/outdoor, two-stage San Francisco trick-or-treat will be
overflowing with live music, DJs, dancers, comedians, speakers, drum
circles, slam poetry, auctions and contests. The giant exhibit hall
features demonstrations, films, food, graffiti, magicians, medical
consultants, massage, and more!

All Wonders of Cannabis proceeds benefit the local non-profit groups
Cannabis Action Network (CAN) and Green Aid. For over a decade, CAN has
educated cannabis consumers about their constitutional rights. Green Aid
is a medical marijuana legal defense and education fund dedicated to
protecting patients.

Tickets are $20 and weekend passes, group rates and sponsorship packages
are available. Must be 18 years old to attend.

For more information, please visit http://www.wondersofcannabis.com

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*12) Tuesday, October 31st, San Diego: Patients Protest DEA Raids
Outside of DEA Anti-Medical Marijuana Conference*

Medical cannabis (marijuana) patients and advocates will protest outside
a DEA anti-medical marijuana conference in San Diego on Tuesday, October
31, at 12:00 PM. The peaceful protest is in response to recent DEA raids
of medical cannabis
collectives in San Diego, Los Angeles, San Francisco, and elsewhere. DEA
Administrator Karen Tandy and the Regional DEA Directors will be present
at the conference on October 31.

This is an opportunity to let Administrator Tandy and the DEA know that
California will not tolerate federal raids on collectives and
cooperatives that are in compliance with our state law. We need every
patient and advocate to attend this protest. Your voice does make a
difference. Bring signs, organize a carpool, and invite all your friends!
*
Stand Up to the DEA!*
Tuesday, October 31, 2006 * 12:00 PM
Marriott Mission Valley
8757 Rio San Diego Dr.
San Diego, CA 92108-1620

There will be an organizational meeting the night before in La Mesa.
Call Wendy (619) 723-6572 or Tori (619) 548-6670 for information. For
flyers or posters, please email Chris.Fusco [at] safeacessnow.org

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*
13) Tuesday, October 31st, Hollywood: Spooky Train Halloween Party ASA
Benefit*

Festivities include....
Live music by spooky train DJs
Ring Master Ngaio
Tarot readings
Illusionist
Carnival games
Prizes
Snacks
Drinks
Costume prizes

9:00 p.m. @ California Patients Group
6208 Santa Monica Blvd Los Angeles, CA 90038

$30 or $50 for duo. Patients only!

For more info, please call LA ASA: (323) 464-7719

Tickets sold at:

LAPCG: (323) 882-6033
CPG: (323) 464-7052
The Higher Path: (213) 484-1001
Earth Collective: (323) 668-7633
CCSC: (818) 506-7207

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*14) Saturday, November 4th, San Francisco: Prop 215 10th Anniversary
Celebration

*WHEN: 7:00-10:00 p.m.
WHERE: San Francisco Gay Community Center 1800 Market St. @ Octavia

Join Dennis Peron, Tod Mikuriya, Dale Gieringer & friends in
celebrating the tenth year of California's Compassionate Use Act with
the original crew who helped bring it about it, thanks to your and the
voters' support for Californians' right to medicine./

/Free Entertainment & Food
For more information, click here.
<http://oaksterdamnews.com/WebCalendar/view_entry.php?id=383&date=20061104>

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*
15) Wednesday, November 15th, San Francisco: Upward & Onward: 10 Years
of Visionary Reform in California,

a reception benefiting the Drug Policy Alliance*

WHERE: The City Club of San Francisco, 155 Sansome Street, 10th
Floor,San Francisco, CA 94104
WHEN: 5:30-7:30 p.m.
WHY: It's now ten years since California voters approved Proposition 215
to legalize marijuana as medicine. More than one hundred thousand people
are now legal patients and almost a dozen states have followed suit.
It's now five years since Proposition 36 --requiring treatment instead
of incarceration --entered into force in California. More than one
hundred thousand people have obtained treatment instead of a jail cell,
and taxpayers have saved hundreds of millions of dollars. This law now
rates as the most significant sentencing reform since the repeal of
alcohol Prohibition.DPA played a pivotal role in both these victories,
which put drug policy reform on the map of big league politics in the
United States.

How: Register online:
http://actioncenter.drugpolicy.org/ctt.asp?u=9110&l=131896
<http://actioncenter.drugpolicy.org/ctt.asp?u=9110&l=131896>

--
Alex Franco
California Campaign Coordinator
Americans for Safe Access
Phone: 510-251-1856 x321
Fax: 510-251-2036
Email: alex [at] SafeAccessNow.org