ASA CA Weekly Alert

*Weekly Roundup*

1) James Holland Sentenced, Joe Fortt Hospitalized & Mark Leno Fights
for ID Card
*
Take Action!
*
2) Call on Congress to Hold Hearings on Medical Cannabis!
*
**ASA Chapter & Affiliate Meetings*

3) Saturday, February 17th, Hollywood: Los Angeles ASA Meeting
4) Wednesday, February 21st, Newport Beach: South Orange County ASA Meeting
5) Thursday, February 22nd, Sacramento: Sac ASA Meeting
6) Tuesday, February 27th, San Francisco: SF ASA Meeting
7) Wednesday, February 28th, Oakland: East Bay ASA Meeting
8) Thursday, March 1st, Santa Rosa: Sonoma ASA Meeting
9) Saturday, March 3rd, Modesto: Central Valley Patients Coalition Meeting

*City & County Hearings*

10) Tuesday, February 20th, Sebastopol: City Council to Vote on
Dispensary Regulations
11) Tuesday, February 20th, Albany: City Council to Consider Dispensary
Regulations
12) Wednesday, February 21st, Sonoma: City Council to Consider
Dispensary Regulations

*Court Support*

13) Friday, March 2nd, San Francisco: Pretrial Motions Hearing for Ed
Rosenthal
14) Friday, March 2nd, Indio: Preliminary Hearing for Operators of
Cannahelp Dispensary in Palm Desert
15) Friday, March 9th, Indio: Preliminary Hearing for Garry Silva

*Special Events*

16) Every Monday-Friday in February, San Francisco: Volunteer for Juror
Education!

------------------------------------------------------------------------
*Weekly Roundup*
------------------------------------------------------------------------

*1) James Holland Sentenced, Joe Fortt Hospitalized & Mark Leno Fights
for ID Card*
*
*/Former Dispensary Operator James Holland Sentenced to 9 Years in
Prison and 5 Years Probation/

Adapted from Vanessa Nelson:

Former medical marijuana dispensary owner James Dale Holland was handed
down a nine-year prison sentence and five years of probation in federal
court on Monday. Holland, who ran the Free and Easy Cooperative in
Bakersfield, was being prosecuted for possession of stolen firearms in
addition to drug charges from the raid of his medical marijuana
dispensary. This complication, added to a record of prior drug
convictions, contributed to his reluctance to go to trial and prompted
his acceptance of a plea deal last month.

Holland's change of plea signaled the official resolution of a legal
case that has gone on for a year and a half. The raid on the Free and
Easy Collective took place in September 2005, the result of cooperation
between several local and federal law enforcement agencies. The
investigation, which spanned six months, involved the Bakersfield Police
Department, the Kern County Sheriff's Department, the U.S. Attorney's
Office, the Drug Enforcement Administration and the Bureau of Alcohol,
Tobacco and Firearms.

The search of Holland's home and dispensary yielded over 200 marijuana
plants and more than 20 pounds of processed marijuana, according to
local newspaper reports, as well as three firearms alleged by
investigators to be stolen. Holland, who attempted to flee the scene of
the raid, was also accused of throwing a loaded handgun out of his car
window during the pursuit by law enforcement officers.

At his hearing, Holland stood shackled beside defense attorney Diana
Weiss to receive his sentence, ankle and hand restraints securely cuffed
to a waist chain. At 45 years old, the thick dark hair on his head and
his handlebar mustache showed only the faintest tinges of gray. It soon
became clear, however, that Holland's tresses would likely have more
salt than pepper by the time he got out of prison. The final chance for
Holland to affect his fate came when he was asked if he would like to
address the court. His comments, though simple in nature and remarkably
brief, were filled with emotion. "I would like to say that I am sorry
for my actions, and I will use the time in prison to become a better
person," Holland said slowly and carefully, his voice quivering.

Assistant U.S. Attorney Kathleen Servatius then explained the details of
the plea agreement, which recommended a sentence equivalent to nine
years in prison.

"108 months is a reasonable sentence," Judge Anthony Ishii nodded in
agreement from his bench, "and I will rule accordingly."

But nine years of prison time is not the end of the ordeal for Holland.
His sentence will be followed by five years of supervised release as
well as a requirement to register as a drug offender in any jurisdiction
in which he resides. He was also ordered to pay a special assessment of
$200 in court fees, a paltry amount in comparison to the $50,000 in
asset forfeiture funds that he handed over to the U.S. Attorney just
yesterday.

All in all, it was ultimately a good deal in the eyes of defense
attorney Diana Weiss, who made no character judgment on Holland's prior
criminal record or his recent firearms charges. A trial in federal court
would not have allowed Holland to present a medical defense to the jury,
who would have been more likely to convict in the absence of such
information. And, if convicted, Holland would have found himself subject
to decades of imprisonment due to the various charges against him and
the impact of his prior criminal history.

James Holland will be able to receive mail at the following address for
several weeks after sentencing:

James Dale Holland
JID: T00230818 / Booking No: 0530317
Fresno County Jail
P.O. Box 872
Fresno CA 93712


/Former Medical Cannabis Provider and AIDS Survivor Joe Fortt
Hospitalized with Severe Lung Infection
/
Adapted from Vanessa Nelson & Art Fortt:

Joe Fortt was recently hospitalized with a severe lung infection. Joe,
who has advanced AIDS, has experienced a drastic deterioration of health
while coping with the conditions of incarceration at Fresno County Jail.

After a year and a half in jail, Joe took a plea deal that offered him a
sentence of time-served along with deportation to Canada, where he is a
citizen. His sentencing hearing on this deal was set for later this
month (February 26th), but will be postponed if Joe is still in the
hospital.

Art Fortt reported that he visited Joe in the hospital on Thursday
afternoon, and Joe has been transferred out of the ICU unit. This is how
Art described his hospital visit with his brother today: "I was allowed
30 minutes to see him. A Sheriff stands at his door looking at his
watch. Joe is handcuffed from ankle to bed. He has a TV, can talk now,
and was authorized to eat real food as of today."

Please look out for further updates on Joe's health and the status of
his upcoming hearing.


/Assemblyman Mark Leno Fights Against the ID Card Fee Increase/

As we've reported in past alerts, the state Department of Health
Services (DHS) plans to increase the state ID card fee from $13 to $142
on March 1, 2007. ASA, along with CA NORML, Safe Access Now, DPA, and
MPP, has been working to ensure this increase is not put into effect. In
the past week, nearly 1,000 patients and supporters sent emails to
Governor Schwarzenegger and DHS Director, Sandra Shewry, urging them not
to implement the fee increase. If you have not taken action yet, please
do so now at ASA's online action site
<http://www.americansforsafeaccess.org/idcardaction>. It only takes a
minute and is extremely important, as we have little time left to delay
the increase.

ASA and other advocacy groups have been working with Assemblyman Mark
Leno to stop the fee increase. This week, he met with DHS and issued a
press release about the meeting. Following is a portion of his release:

Citing his concern over the survival of the State's Medical
Marijuana Identification Card (MMIC) program which was established
through SB 420 in 2003, Assemblyman Mark Leno (D-San Francisco)
authored a letter to the Department of Health Services urging them
to reconsider the excessive fee increase and requesting further
information on the finances of the program. SB 420 was modeled
after the nation's first medical marijuana ID card created in San
Francisco in 2000 by then Supervisor Mark Leno. On Wednesday,
Assemblyman Leno met with Sandra Shewry, Director of the California
Department of Health Services, urging consideration of alternatives
that would sustain the State program.

"This program gives medical marijuana patients who are following a
course of therapy as recommended by their doctor the peace of mind
that they will be protected from mistaken arrest or detainment by
law enforcement," said Leno. "Raising the fee to enroll in this
optional program to an untenable level dooms the state program to
failure and undermines safety of patients who are already suffering."

In the meeting yesterday between Leno and Director Shewry, one
promising alternative discussed was urging Los Angeles County to
implement the ID card program. "Because so many potential ID card
users reside in Los Angeles, their involvement is critical for the
success of the program. We should investigate why they and other
large counties have not gotten an ID card program up and running
after 17 months," added Leno.

The California Department of Health Services, which has issued
approximately 9,000 medical marijuana ID cards since August 2005,
has been hampered by the failure or refusal of some of the state's
most populous counties including Los Angeles, San Diego, San
Bernardino, Orange, and Sacramento to implement the program. Without
their participation, the program structured to accommodate 150,000
medical cannabis patients with a $13 state application fee has been
unable to cover its costs as required by state law.

* *
------------------------------------------------------------------------
*Take Action!
*
------------------------------------------------------------------------
*
2) Call on Congress to Hold Hearings on Medical Cannabis!*
*
*In light of long overdue research published this week in Neurology, ASA
is asking Congress to support our call for congressional oversight
hearings to investigate why federal agencies resist full implementation
of the recommendations provided by the Institute of Medicine in their
1999 report, Marijuana and Medicine: Assessing the Science Base.

/*Actions to Take:
*/
*1. Call your U.S Representative at 202-224-3121: *Urge support for
congressional hearings to encourage more medical cannabis research. Find
out who your Representative by visiting the House of Representatives
website <http://www.house.gov/> and entering your zip code.

/Call Script:/

Hello, my name is (your name) and I live in (city, state). I am
calling to make sure that Representative ___________ knows about
long-overdue research published this week in Neurology, which
indicates that smoked marijuana effectively reduces chronic
neuropathic pain as well as acute pain for people living with HIV/AIDS.

Seven years ago the federal government issued a gold-standard report
from the Institute of Medicine recommending that more research be
conducted to review the appropriate therapeutic use of cannabis.
Despite these recommendations federal agencies often discourage
medical cannabis research like the study published this week.

I am urging Representative ____________ to "have a heart". Please
support congressional oversight hearings to investigate why federal
agencies have resisted full implementation the Institute of
Medicine's 1999 recommendations. Thank you for your time.

*2. E-mail your Senators and Representative
<http://www.democracyinaction.org/dia/organizationsORG/asa/campaign/?campaign_KEY=6677>*

and urge support for congressional hearings to investigate why federal
agencies discourage medical cannabis research. Visit ASA's congressional
action site
<http://www.democracyinaction.org/dia/organizationsORG/asa/campaign/?campaign_KEY=6677>

to send your letter.

*3. Gather Signatures for the Petition Calling for Congressional
Hearings:
<http://www.safeaccessnow.org/downloads/congressional%20petition.pdf>
*ASA has created a petition that you can print out and circulate at your
work, school, home, church, and in your larger community. Our goal is to
collect 50,000 signatures by June 1st. These petitions will be hand
delivered to Congress by our National Office staff. Please join in our
efforts and begin gathering signatures today! Print out the PDF of the
petition from ASA's website and start gathering signatures. Please send
completed petitions to ASA Headquarters:

Americans for Safe Access
Attn: Rebecca Saltzman
1322 Webster Street, Suite 402
Oakland, CA 94612
Fax: (510) 251-2036

------------------------------------------------------------------------
*ASA Chapter Meetings*
------------------------------------------------------------------------
*
**3) Saturday, February 17th, Hollywood: Los Angeles ASA Meeting*

Greetings LA ASA Activists!

So much has changed in the last month. This month's ASA meeting will be
as important as ever!

Saturday February 17th 1-3 PM
California Patients Group
6208 Santa Monica Blvd in Hollywood

In addition to a mini Know Your Rights! training, we will be discussing:

-Breaking News about new studies on medical cannabis
-Updates on the DEA raids
-Movement in the process of LA regulations

Come one, come all!

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

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

*4) Wednesday, February 21st, Newport Beach: South Orange County ASA
Meeting*

The Orange County Dept of Health has been dragging its feet in the
process of issuing the SB 420 ID Card Program. Now that the Courts have
given hesitant counties the guidance they need, we need to make our
voices heard!

South OC ASA Meeting
7-9 PM
Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660

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

*5) Thursday, February 22nd, Sacramento: Sac ASA Meeting*

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.

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

*6) Tuesday, February 27th, San Francisco: SF ASA Meeting*

The next ASA SF meeting space is 350 Divisadero, San Francisco, CA.
We're shooting for a rotating meeting schedule, allowing all the willing
dispensaries an opportunity to host ASA SF meetings periodically.

7:00 p.m.

------------------------------------------------------------------------
*
7) Wednesday, February 28th, Oakland: East Bay ASA Meeting*

Join East Bay ASA to discuss support for Ed Rosenthal, strategies for
responding to raids, local dispensary ordinances, and more.

Please join us and make your voice heard! Refreshments will be served.

* Wednesday, February 28th @ 7 pm*

Americans for Safe Access Headquarters
1322 Webster Street, Suite 402, Downtown Oakland
Just a couple blocks from the 12th Street BART station!

For more information or to get involved, contact Rebecca:
Rebecca [at] SafeAccessNow.org or 510-251-1856 x 308

Please spread the word and pass this on to your East Bay neighbors!

------------------------------------------------------------------------
*
8) Thursday, March 1st, Santa Rosa: Sonoma ASA Meeting*

When: Thursday from 5pm-7pm
Where: Department of Public Health, 625 5th Street (at Mendocino Avenue)
in Santa Rosa

Please join Sonoma's chapter of American's for Safe Access. Patients,
supporters, caregivers and friends are
welcome to come share their opinions on what should happen locally,
statewide, and nationally. More info 707-332-6556

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

*9) Saturday, March 3rd, 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! 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. For additional information,
contact Shirley Cox, Public Relations Officer for the Central Valley
Patients Coalition: shirley [at] CompassionateCoalition.org

------------------------------------------------------------------------
*City & County Hearings*
------------------------------------------------------------------------

*10) Tuesday, February 20th, Sebastopol: City Council to Vote on
Dispensary Regulations*

The Sebastopol City Council will be voting on dispensary regulations.
Please speak out at the hearing and explain to the council how important
safe access is to you!

Download ASA talking points
<http://safeaccessnow.org/article.php?list=type&type=212> on dispensary
regulations.

7:00 P.M.
Sebastopol Youth Annex
425 Morris Street in Sebastopol

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

*11) Tuesday, February 20th, Albany: City Council to Consider Dispensary
Regulations*

In the November election, Albany residents passed an initiative calling
on the city to permit one dispensary to operate in Albany. Now, the city
council is considering dispensary regulations

On Tuesday, the City Council will be considering either allowing or
banning dispensaries Please read the meeting agenda
<http://www.albanyca.org/archive2/2007/cc_g1172002833.html> for more
details and for the text of the proposals.

Download ASA talking points
<http://safeaccessnow.org/article.php?list=type&type=212> on dispensary
regulations and speak out to the city council on behalf of safe access!

8:00 PM
Council Chambers, City Hall
1000 San Pablo Avenue in Albany

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

*12) Wednesday, February 21st, Sonoma: City Council to Consider
Dispensary Regulations*

The Sonoma City Council will be considering medical cannabis dispensing
regulations and law enforcement issues surrounding medical cannabis.
Please speak out on behalf of safe access!

6:15 PM
Council Chambers
177 First West Street in Sonoma

Download ASA talking points
<http://safeaccessnow.org/article.php?list=type&type=212> on dispensary
regulations.

------------------------------------------------------------------------
*Court Support*
------------------------------------------------------------------------
*
13) Friday, March 2nd, San Francisco: Pretrial Motions Hearing for Ed
Rosenthal*

Pretrial motions hearing at 2pm before Judge Charles Breyer in U.S.
District Court, 450 Golden Gate, San Francisco, CA. In October 2006,
superseding indictments were filed against medical marijuana author and
cultivator Ed Rosenthal and Rick Watts (though his felony charges were
later dismissed). In addition to being prosecuted on prior charges,
stemming from the first indictments, they also face money laundering and
tax evasion charges (which were later severed from the other 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.

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

*14) Friday, March 2nd, Indio: Preliminary Hearing for Operators of
Cannahelp Dispensary in Palm Desert*

Preliminary Hearing Court Support for Stacy Hochanadel, John Bednar, and
James Cambell, respectively owner and operators of Cannahelp of Palm
Desert. All three men are facing the following charges following an
investigation and Riverside County Sheriffs Dept raid on December 1st, 2006:

HS 11359 Possession of marijuana for sale
HS 11360 (A) Transportation
HS 11366 Maintaining a facility for the sale of a controlled substance

Please come show your support!

Friday, March 2 at 8:30 a.m.
Larson Justice Center
462000 Oasis (corner of Oasis and Hwy. 111) in Indio

------------------------------------------------------------------------
*
15) Friday, March 9th, Indio: Preliminary Hearing for Garry Silva*

Preliminary Hearing Court Support for Garry Silva patient, caregiver,
and prior cultivator for the March 14th, 2006 cooperative raid on his
home by local sheriffs officers and D.E.A.

Garry is being charged with four felonies at this time, because he has a
potential prior from 1981 he may be considered a prior-felon in
possession of a firearm. Garry was in court on January 26th, 2007 for
his initial preliminary hearing which was continued at the request of
his attorney because of missing information from the discovery of
evidence submitted by the DAs office. Conveniently the photographs taken
of Garry as he lay on the floor after the raid were not present in the
report.

PC 12021 (A) (1) Felon in possession of a firearm
PC 12316 (B) (1) Felon in possession of live ammunition
HS 11359 Possession of marijuana for sale
HS 11358 Cultivation of marijuana

After the last year of fighting to keep his life together the financial
and time demands have nearly depleted all of Garry's funds and he has
been struggling to keep his business in operation after 27 years of
working in Coachella Valley. Anyone interested in making contributions
should contact Krista Silva at (760) 200-7461 or Ryan Michaels at (909)
996-1197. The family appreciates any assistance you can offer in this
time of need.

Please come show your support!

Friday, March 9 at 8:30 a.m.
Larson Justice Center
462000 Oasis (corner of Oasis and Hwy. 111) in Indio

------------------------------------------------------------------------
*Special Events*
------------------------------------------------------------------------
*
**16) Every Monday-Friday in February, San Francisco: Volunteer for
Juror Education!*

Jury Education begun this Thursday, Feb. 1 at the San Francisco Federal
Courthouse. This educational campaign is sponsored by the Fully
Informed Jurors Association, http://www.fija.org <http://www.fija.org>

We will flyer from 7am to 10am, Monday through Friday for most of
February and March. Thanks to ASA and Richard Lee, we will have a new
and improved flyer to pass out to everyone who enters the Courthouse.
3-4 people are needed each day we are at the Courthouse.

Sign up with Danielle at can [at] cannabisactionnetwork.org
<mailto:can [at] cannabisactionnetwork.org> or by calling 510.486.8083.

Danielle
Cannabis Action Network

--
Rebecca Saltzman
Field Coordinator
Americans for Safe Access
http://www.AmericansForSafeAccess.org

Americans for Safe Access (ASA) is the largest national member-based organization of
patients, medical professionals, scientists and concerned citizens promoting safe
and legal access to cannabis for therapeutic use and research.

Join us today... http://www.AmericansForSafeAccess.org

Headquarters
1322 Webster St Suite 402
Oakland, CA 94612
P: 510-251-1856 ext. 308 F: 510-251-2036