ASA CA WEEKLY ALERT

*Weekly Roundup*

1) DEA Raids, San Diego Lawsuit Update, Livermore Rejects Ban & Corona
Dispensary Remains Open
*
**ASA Chapter Meetings*

2) Saturday, December 16th, Hollywood: LA ASA Meeting
3) Thursday, December 21st, Guerneville: Sonoma ASA Holiday Meeting

*City & County Hearings
*
4) Monday, December 18th, Simi Valley: City Council to Vote on
Dispensary Ban
5) Tuesday, December 19th, San Bernardino: Urge Board of Supervisors Not
to Continue in Lawsuit Against the State

*Court Support*

6) Monday, December 18th, Sacramento: Jeff Sanderson Hearing - *POSTPONED*
7) Monday, December 18th, Sacramento: Sentencing for David Harde
8) Monday, December 18th, Fresno: Hearing for Joe Fortt on Plea Deal
9) Wednesday, December 20th, Santa Rosa: Marvins Gardens Return of
Property Hearing

*Special Events*

10) Sat-Sun, January 13th-14th, Burbank: Implementation = Victory:
Preparing for the Next Ten Years,
ASA Statewide Conference

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*Weekly Roundup*
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*
1) DEA Raids, San Diego Lawsuit Update, Livermore Rejects Ban & Corona
Dispensary Remains Open*

/Hayward and Los Angeles Dispensaries Raided by the DEA

/On Tuesday, December 12th, The Local Patients Coop in Hayward at 22630
Foothill Blvd was raided by the DEA. Several ASA staff members and
activists rushed to the dispensary when we heard of the raid. They
arrived on the scene with protest signs and cameras and began snapping
pictures and drawing honks of support from cars passing by. Meanwhile,
ASA's communications coordinator called the local media, and cameras
from every local television station arrived, along with a reporter from
the Hayward Daily Review.

While ASA staff and volunteers could not stop the raid, they showed the
DEA that they are being watched. The agents were visibly shaken by the
activist presence and kept telling ASA staff to stop taking pictures and
to move further and further away. One agent, who wore a ski mask to
protect his identity, said on his cell phone: "There are cameras and
protesters here. This is not what I signed up for."

The collective had previously failed an inspection, violating local
restrictions on how much medicine they could have on site. As a result,
the city of Hayward had given the collective until the end of December
to cease operation. Three residences in Hayward were also raided,
although it is unknown whether the incidents were related.

Yesterday, the DEA blazed into the doors of The Health Center in Studio
City at 11324 Ventura Blvd in full riot gear wielding shotguns,
purportedly as part of an "unrelated criminal investigation." It appears
four people were taken away in handcuffs, and several patients reported
having their medicine taken from them and being treated unkindly by the
officers.

One chronic pain patient who was inside the collective at the time
called ASA and reported that the DEA busted through the door
brandishing guns and forced him to the ground by the officers . The
patient was completely shaken by the experience and reported dismay in
having "no recourse" to retrieve the medicine they stole. Witnessed said
that the officers removed medicine from the inside in large boxes. It is
uncertain how involved the LAPD was in the raid, although they were
spotted 'securing the perimeter.' At least 40 people were protesting
outside during the raid, bearing signs and chanting. Among them was
patient activist Chris Fusco, ASA Los Angeles Field Coordinator.

/San Diego Proceeds with Lawsuit, Merced Bows Out & San Bernardino to
Decide Next Week/
*
*On December 7th, a San Diego Superior Court handed a critical victory
to medical marijuana patients nationwide, affirming the ability of
states to exempt qualified patients from criminal penalties, despite
federal policy that prohibits all marijuana use. Following oral
arguments by the Americans for Safe Access, the American Civil Liberties
Union and the Drug Policy Alliance, the court confirmed the validity of
California's medical marijuana laws, rejecting the contention of several
counties -- San Diego, San Bernardino and Merced -- that such laws are
made invalid by federal law. Merced has issued a press release stating
that the "county will not appeal the recent decision" and that "the
board will now pursue implementation of the medical marijuana card
program." On December 12th, the San Diego Board of Supervisors voted to
appeal the Superior Court decision.
/

Livermore City Council Rejects Dispensary Ban (from James Anthony)/

Monday night, December 11, 2006, the Livermore City Council rejected a
ban on medical cannabis collectives that was strongly urged by its City
Manager and Police Chief. A handful of local activists had lobbied the
council members to reject the city's staff report as one-sided and
inaccurate, and to continue to study the issue during its moratorium set
to expire in September 2007.

James Anthony wrote an open letter to council rebutting the staff report
and pointing out that staff was usurping council's policy-making
function and substituting its prejudices for the council's informed
deliberations. Council apparently agreed and directed staff to come back
with a balanced report including models of workable regulations based on
the bay area success stories of local regulation. The ASA report on
collectives and local regulation was attached to the letter, as were the
Attorney General memos to local law enforcement advising that they have
no business enforcing federal law.

/Corona Dispensary Issued Injunction to Close, but Ultimately Allowed to
Stay Open (from James Anthony)/

On Wednesday, the Superior Court of Riverside County issued an
injunction closing Healing Nations Collective (HNC), and then
immediately prevented its enforcement and allowed the Collective to
remain open pending appeal. While this may be a token victory for the
City of Corona, it is a substantive victory for patients' rights and
safe access in Riverside County. The appeal process will take months,
perhaps even more than a year, and during that time the City's lawsuit
is effectively on hold and cannot be used to close Healing Nations.

The judge was genuinely open-minded and compassionate, and acknowledged
the presence of patients in the court room while making her mixed
ruling. HNC sends a huge thank you to all those who came out to the
hearing and those who have been supportive in so many ways.

Lacking clear legal authority either way on the critical zoning issue of
whether the silence of the zoning code on medical cannabis collectives
means they are permitted or prohibited, the judge invited appellate
review to clarify this essential point of law.

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*ASA Chapter Meetings*
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*2) Saturday, December 16th, Hollywood: LA ASA Meeting*

This week the LAPD and DEA conducted a joint raid on THC in Studio City.
As regulations for collectives in Los Angeles approach, we need to let
the City and the Feds know that they need to back down.

The Los Angeles Chapter of Americans for Safe Access will meet this
Saturday 12/16 from 1-3 PM. The meeting will be at 6208 Santa Monica
Blvd in Hollywood near the intersection of Santa Monica and Vine.

We will be discussing:

-A response to the DEA actions this week
-The ASA Statewide Conference in January
-The current state of the LA Moratorium
-How to prepare for regulations in Los Angeles
-Recent developments in multiple Federal Prosecutions

Again that is

LA ASA Meeting 1-3 PM
6208 Santa Monica Blvd
Hollywood CA
Santa Monica/Vine

Thanks,

Chris Fusco
ASA LA County Field Coordinator
323 464 7719

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*3) Thursday, December 21st, Guerneville: Sonoma ASA Meeting*

When: Thursday at 7:30pm
Where: Marvins Gardens Intake located at 16360 1st St. Guerneville

We're having an informal meeting where we will be giving updates and
spreading holiday cheer. Please bring $5-$10 Kris Kringle gift exchange
and a dish to share. No one turned away. More info 707-332-6556

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*City & County Hearings
*
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*
4) Monday, December 18th, Simi Valley: City Council to Vote on
Dispensary Ban*

WHEN: Monday @ 6:30 p.m.
WHERE: City Council Chamber at City Hall, 2929 Tapo Canyon Road, Simi
Valley, California 93063.

Two years after the city imposed a moratorium, the city council has
passed a first reading of an ordinance that would prohibit medical
cannabis dispensaries in Simi Valley. The staff report cited both the
conflict with federal law and a report conducted by the El Cerrito
Police Department contacted law enforcement in 25 cities, 11 counties
and two unincorporated towns in California where medical marijuana
dispensaries are currently located. Their findings, Hirsch said, are
that dispensaries lead to more instances of marijuana use by minors and
those without a real medical need, as well as other crimes.

The City Council must hear from patients that this is all nonsense, and
their duty is to provide for health and safety of their constituents.
The second and final reading of the proposed ordinance is set for the
next City Council meeting. The community is invited to attend.

For the article "City aims to prohibit medicinal marijuana dispensaries"
click here.
<http://www.simivalleyacorn.com/news/2006/1215/Community/013.html>

For ASA Talking Points Against Dispensary Bans, click here.

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*5) Tuesday, December 19th, San Bernardino: Urge Board of Supervisors
Not to Continue in Lawsuit Against the State*

>From Aaron Smith:

As you likely know, San Bernardino County---along with San Diego and
Merced---launched a heartless lawsuit that sought to overturn our
compassionate medical marijuana laws. Fortunately, the San Diego County
Superior Court recently ruled in favor of upholding our medical
marijuana laws, including SB 420, which requires counties to provide
voluntary ID cards to qualified medical marijuana patients.

Earlier this week, San Diego County Supervisors decided to appeal the
ruling. On the same day, Merced County's leaders voted to drop the suit,
and to instead begin issuing medical marijuana ID cards to local patients.

It is imperative that San Bernardino follow Merced by abandoning this
heartless lawsuit.

The San Bernardino Co. Board of Supervisors will be discussing the
ruling (in closed session) at their upcoming meeting, scheduled for
Tuesday morning, Dec 19, in the City of San Bernardino.

Patients and advocates will be holding a peaceful demonstration outside
the Board of Supervisors' chambers beginning at 10am on Tuesday (details
below). Additionally, there will be time later in the afternoon to speak
to the board on this important issue.

Please attend this event to urge the County Supervisors not to seek an
appeal in this case, and to instead begin issuing the medical marijuana
IDs, as required by state law. Also, please take a few minutes to
contact the board at the numbers listed below and ask that they drop
this senseless lawsuit and move forward with the medical marijuana ID
program.

Supervisor Bill Postmus (District 1): (909) 387-4830
Supervisor Paul Biane (District 2): (909) 387-4833
Supervisor Dennis Hansberger (District 3): (909) 387-4855
Supervisor Gary Ovitt (District 4): (909) 387-4866
Supervisor Josie Gonzales (District 5): (909) 387-4565

Here are some talking points to guide your call:

*A recent poll showed that 71% of Californians support our state's
medical marijuana laws. Please do not appeal Judge Nevitt's ruling on
the medical marijuana case; do not waste any more resources trying to
overturn the will of the people.

*California's appellant courts have consistently upheld our state's
medical marijuana laws. To seek an appeal in this case would be a futile
effort and would amount to political grandstanding at the expense of the
seriously ill and local taxpayers.

*Merced County already abandoned this futile lawsuit and San Bernardino
should do the same.

Please, don't forget to call the supervisors and attend Tuesday's
meeting to let the board know that voters expect them to find something
better to do than to try to lock up sick and dying patients.

You support goes a long way towards securing safe access to medicinal
cannabis for patients in San Bernardino and across the state.

*Board Meeting/Demonstration Time and Location: *

Tuesday, December 19th -- 10:00am
San Bernardino County Board of Supervisors
385 North Arrowhead Ave. - San Bernardino, CA 92415
Map: http://tinyurl.com/yhszs8

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*Court Support*
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*6) Monday, December 18th, Sacramento: Jeff Sanderson Hearing - POSTPONED*
****This hearing has been postponed until January 22nd****

Hearing at 9am before Judge Frank C. Damrell, Jr. in U.S. District
Court, 501 "I" Street, Sacramento, CA. Plumas County patient Jeff
Sanderson (who also serves as a caregiver for nine other patients) &
Alice Wiegand were arrested in a raid by a local-federal task force on
August 14, 2006, for allegedly growing more than 260 plants. Though they
were released from Plumas County jail within several days, on September
5, 2006, Sanderson was rearrested by federal agents and is being
prosecuted on federal charges of manufacturing and conspiracy to
manufacture more than 100 marijuana plants. Authorities confiscated all
of the plants and medicine, and have initiated asset forfeiture
proceedings on their home and family farm. In addition, law enforcement
referred the case to CA Child Protective Services, which has removed
Sanderson and Wiegand's 10-month old son and then sued them for child
support. Sanderson is currently out on bail pending trial.

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*7) Monday, December 18th, Sacramento: Sentencing for David Harde *

ASA urges you to come to the federal sentencing hearing at 9:00am
(please arrive at 8:30) before Judge Frank C. Damrell, Jr. in U.S.
District Court Court, 15th Floor at 501 "I" Street in Sacramento. On
June 30, 2006, El Dorado County Sheriffs and federal DEA agents arrested
organic farmer and medical marijuana patient David Harde and his wife
Toby Landis. The garden that was raided was that of a private
five-patient collective, with which Landis had no involvement.
Previously, in 2004, the collective garden had been given the green
light by county and state police. Then, on September 1, 2005, the El
Dorado Sheriff conducted a raid of the garden, arresting and charging
Harde and Landis with sales. Unable to prosecute the case under state
law, the County was eventually successful at transferring it to the
federal government, resulting in the arrests on June 30, 2006. Please
come and show your support for David Harde and oppose the federal
government's persecution of patients and providers.

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*8) Monday, December 18th, Fresno: Hearing for Joe Fortt on Plea Deal*

WHEN: Monday @ 9:00 a.m.
WHERE : In front of Judge Ishii at 2500 Tulare Street in Fresno, CA.

>From information provided by Vanessa Nelson:

To the great jubilation of his supporters, Joe Fortt has proclaimed his
intention to accept a favorable plea deal that offers him freedom in Canada.

After being granted a sentence of time-served, as set forth in the
proposed plea agreement, the former dispensary operator will be sent to
Canada. The deportation will bring an end to the hardships Joe has
endured since being incarcerated on charges of conspiracy to distribute
and cultivate over a thousand marijuana plants. In Canada, where Joe is
a citizen, he will be able to live as a free man and attempt to recover
from the effects of his seventeen-month stay in Fresno County Jail.

Supporters are encouraged to attend, and well-wishers are urged to send
donations in the form of postal money orders to:

Joseph William Fortt
T229134
P.O. Box 872
Fresno CA 93712

Joe's attorney reports that, in spite of his citizenship, Joe has very
few connections in Canada. Without either personal or financial
resources to rely upon, establishing a new life will be tremendously
difficult for Joe. If supporters have any assistance to offer, please
donate or write to Joe as soon as possible. Such help could be crucial
for Joe, and all aid is immensely appreciated. Thank you.
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*
9) Wednesday December 20th, 8:30am, Santa Rosa: Marvins Gardens Return
of Property Hearing*

WHERE: 575 Administration Drive Courtroom 14 Santa Rosa

Last month, the Court of Appeals in San Francisco ruled in favor of
Marvins Gardens, a collective that had their medine confiscated by the
Sonoma Sheriffs a few years ago. The ruling stated that the Sheriffs
Department did not have the authority to made decisions regarding the
medicine that was taken into evidence.

It is unclear if this hearing is to either set a time for the court's
decision or if the decision will be made at this time. Patients are
encouraged to attend in support.

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*Special Events*
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*
10) Sat-Sun, January 13th-14th, Burbank: Implementation = Victory:
Preparing for the Next Ten Years,
ASA
Statewide Conference
*

Americans for Safe Access is pleased to announce the 2nd Annual State
Conference will take place January 13th and 14th at the Pickwick Gardens
Conference Center <http://www.pickwickgardens.com/>, 1001 Riverside
Drive in Burbank, California.

As the momentum grows around medical cannabis law implementation
throughout the state, open communication amongst the players, both
regionally and statewide, has become crucial. For this reason, ASA staff
will bring its key assets to the table in a series of workshops and
seminars designed to give activists the skills they need to achieve
effective statewide campaigns while providing a vehicle for local
campaigns to flourish.

This is a participatory, not panel based, Conference. Every aspect of
the agenda is intended to make the most of the skills and resources you
already have, while providing you the direct, one-on-one support of some
of the brightest minds in medical marijuana advocacy from ASA Chapters,
Allies and Friends. You will have opportunities to interact directly
with presenters who are forming the state and national strategy for
medical marijuana, network with other activists like yourself from
around the state, and work on local strategies with activists from your
region using the ASA toolbox
<http://www.safeaccessnow.org/article.php?list=type&type=116>.

ASA State Campaign Staff will be presenting the California Campaign for
Safe Access Strategy, covering issues from regulations and protecting
safe access, implementation of the ID card program, sales tax and the
Board of Equalization, and regional participation in the implementation
of SB420, Proposition 215 and precedent setting case law.

Details will be available soon, including Conference Agenda, Key Note
Speakers, possible group bus travel, discounted lodging, and more! For
more information, please contact Alex at Alex [at] safeaccessnow.org
<mailto:alex [at] safeaccessnow.org> or (510) 251-1856 x 321.

Please be part of the solution.
<http://www.safeaccessnow.org/article.php?id=3784>Register now
<http://www.safeaccessnow.org/article.php?id=3784> for the ASA
Conference and use this space to expedite full implementation of our
state medical marijuana laws in every city and county in California.

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