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ASA CA Weekly Alert

by Americans for Safe Access
/Following Ballot Initiative Calling on City to Allow Dispensary, Albany
Passes Dispensary Regulations/
*Weekly Roundup*

1) ASA Sues the Feds, Albany Approves Dispensary Ordinance & ID Card
Program Update
*
**ASA Chapter & Affiliate Meetings*

2) Wednesday, February 28th, Oakland: East Bay ASA Meeting
3) Thursday, March 1st, Santa Rosa: Sonoma ASA Meeting
4) Saturday, March 3rd, Modesto: Central Valley Patients Coalition Meeting
5) Thursday, March 8th, Sacramento: Sac ASA Meeting

*City & County Hearings*

6) Tuesday, February 27th, Oakland: Alameda County to Consider MMJ ID
Card Fee Increase
7) Tuesday, February 27th, Oakland: City Public Safety Committee to
Review Report on Dispensaries
8) Tuesday, February 27th, Oroville: Butte County to Vote on
Implementation of MMJ ID Card Program
9) Tuesday, February 27th, Woodland: Yolo County to Vote on
Implementation of MMJ ID Card Program

*Court Support*

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

*Special Events*

13) Saturday, March 3rd, Sacramento: Medical Cannabis Activist Town Hall
14) Every Monday-Friday in February, San Francisco: Volunteer for Juror
Education!

------------------------------------------------------------------------
*Weekly Roundup*
------------------------------------------------------------------------
*
**1) ASA Sues the Feds, Albany Approves Dispensary Ordinance & ID Card
Program Update*

Nation Turn It's Eyes to ASA's Lawsuit

On Wednesday, Americans for Safe Access (ASA) filed a lawsuit against
the US Department of Health and Human Services (DHHS) challenging the
agency's position that cannabis has no medical value. This lawsuit is
the culmination of three years of hard work and the beginning of an
exciting new chapter in the campaign for safe access. /The lawsuit will
force DHHS to concede that cannabis has medical value based on their own
science!/This will break the federal gridlock on this issue and give
Congress the safe space that our research indicates they need to move
forward on this issue.

This litigation is an exciting step towards federal progress -- progress
that may end the DEA raids at medical cannabis facilities in Washington
and California and give hope to more than 100 defendants facing
prosecution in federal court. The filing of the lawsuit is only the
first step. ASA's legal team must now prepare for additional briefings,
discovery, hearings, and ultimately a trial. We can not do this with out
you! Please pledge your support to us today!
<https://secure.democracyinaction.org/dia/organizations/asa/shop/custom.jsp?donate_page_KEY=1769&t=donate.dwt>

The impact of the litigation is already being felt nationwide. Hundreds
of stories have been published and broadcast, including coverage in the
Los Angeles Times <http://safeaccessnow.org/article.php?id=4231>, New
York Times <http://safeaccessnow.org/article.php?id=4235>, Kaiser Daily
HIV/AIDS Report <http://safeaccessnow.org/article.php?id=4232>, Oakland
Tribune <http://safeaccessnow.org/article.php?id=4234>, San Francisco
Chronicle <http://safeaccessnow.org/article.php?id=4233>, and an
Associated Press <http://safeaccessnow.org/article.php?id=4236> story
published in more than 200 other newspapers! There was coverage on
television stations nationwide, including the CNN Ticker. This story has
also generated a huge buzz on the Internet, including postings on dozens
of message boards and a diary on Daily Kos
<http://www.dailykos.com/story/2007/2/21/16564/2779>.

I know that medical cannabis patients and providers still face legal
risks every day, but we are breaking down the barriers in Washington, DC
that stand between legal patients and their medicine. Our new lawsuit,
the possibility of Congressional hearings on medical cannabis, new
scientific research, and a growing coalition for change are all pushing
our issue in the right direction.

We are going to make a big difference for patients -- if we have the
resources we need to do it. It takes a lot of hard work and money to
maintain this level of activity. The Data Quality Act lawsuit took one
year of planning and two years of legal maneuvering to get to the filing
day! Unlike other national organizations, ASA does not have grants or
wealthy patrons. We rely on support from medical cannabis patients and
supporters like you for our entire budget. It is crucial that everyone
who believes in the work we do make a financial commitment to making it
happen.

Will you please take a minute right now to visit our new web site and
make a monthly pledge of support?
<https://secure.democracyinaction.org/dia/organizations/asa/shop/custom.jsp?donate_page_KEY=1769&t=donate.dwt>

Just $10, $15, or $25 per month makes a difference. You may also choose
to make a larger one-time contribution to
<https://secure.democracyinaction.org/dia/organizations/asa/shop/custom.jsp?donate_page_KEY=1769&t=donate.dwt>

help us at this strategic moment. With your support, we know we have the
money to keep operating and doing this important work.

Thank you for your generous support! I look forward to working with each
of you this year.

Sincerely,

Steph Sherer
Executive Director
Americans for Safe Access

For more information about the federal lawsuit, visit the Data Quality
Act section
<http://www.safeaccessnow.org/article.php?list=type&type=160> of ASA's
website.


/Following Ballot Initiative Calling on City to Allow Dispensary, Albany
Passes Dispensary Regulations/

Early in 2006, the Albany City Council grappled with how best to address
the issue of safe access to medical marijuana for their constituents.
After four months of debating, the city council was faced with 2
options: ban or regulate dispensaries in Albany. The staff received
several pieces of key information, including Medical Cannabis In Our
Community
<http://www.albanyca.org/archive/pdf/051506_6_2K_AttH_MedCannabisNOurCom.pdf>
and the Los Angeles County Dispensary Ordinance
<http://www.albanyca.org/archive/pdf/051506_6_2J_AttG_LARPC_drp_MMD_rev_ord1.pdf>.
The City Council then decided to put the issue before the voters on this
November's ballot as local Measure D, an advisory measure on an
ordinance that would permit the establishment of a single medical
marijuana dispensary in the city. East Bay ASA organized supporters to
sign on to the ballot argument, and the initiative faced no opposition.
To the mass jubilation of patients in Albany, California, the ballot
measure won with almost 53% approval.

On Tuesday, this issue came before the city council, and the council
unanimously approved regulations allowing one dispensary to operate
within the city. The issue will come before the council again on March
5th, for a final reading. This is the first time dispensary regulations
have begun through the initiative process, and since it worked so well
for Albany, activists statewide should consider using this tactic in the
future.


/Varied Responses from Counties Over State Medical Marijuana ID Card Fee
Increase/

Over the past few weeks, counties have reacted in various ways to the
state ID card fee increase, which is set to go into effect on March 1st.
Several counties, including San Francisco, Lake, Mendocino, and Marin,
have threatened to pull out of the program if the increase goes into
effect. Calaveras County has generously opted not to pass on the state's
fee increase to patients and will instead search for other funds to
support the program.

Individual county supervisors have also spoken out on this issue. At
least six supervisors from four counties - Calaveras, Lake, San
Francisco and Sonoma - have written letters to the state Department of
Health Services urging them not to increase the fee. ASA is still hard
at work with Safe Access Now, CA NORML, MPP and Assembly Member Mark
Leno's office to halt the fee increase or to at least decrease the
amount of the increase. If you have not yet voiced your concern for the
program, please visit ASA's ID card action page
<http://www.americansforsafeaccess.org/idcardaction> to write a letter
to DHS and the governor now!

**
------------------------------------------------------------------------
*ASA Chapter Meetings*
------------------------------------------------------------------------
*
**2) Wednesday, February 28th, Oakland: East Bay ASA Meeting*

Join East Bay ASA to discuss support for Ed Rosenthal, strategies for
responding to raids, Oakland and Albany dispensary regulations, the ID
card program fee increase, 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!

------------------------------------------------------------------------
*
3) 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

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

*4) 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 11:00 AM. New Location: These meetings will now be held at
1733 Yosemite Ave, Modesto, CA, 95350. For additional information,
contact Shirley Cox, Public Relations Officer for the Central Valley
Patients Coalition: shirley [at] CompassionateCoalition.org

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

*5) Thursday, March 8th, 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.

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

*6) Tuesday, February 27th, Oakland: Alameda County to Consider MMJ ID
Card Fee Increase*

As explained in previous weekly alerts, the state will be increasing its
share of the ID card fee from $13 to $142 on March 1st. Now, counties
are deciding whether to pass this increase onto patients or how to
otherwise fund this increase.

On Tuesday, the Board of Supervisors will be discussing this issue.
Please attend to voice your opinion.

11:00 a.m.
County Administration Building, Supervisors' Chamber
1221 Oak Street
Fifth Floor, Room 512
Oakland, CA

------------------------------------------------------------------------
*
7) Tuesday, February 27th, Oakland: City Public Safety Committee to
Review Report on Dispensaries*

The Oakland city administrator recently released a report
<http://clerkwebsvr1.oaklandnet.com/attachments/15637.pdf> reviewing the
operation of medical cannabis dispensaries in the city. On Tuesday, the
Public Safety Committee will review this report. This is one of the few
opportunities our community has to weigh in on issues that are important
to us.

Please review the report
<http://clerkwebsvr1.oaklandnet.com/attachments/15637.pdf> and then
attend the hearing to speak out about patient needs in Oakland. There
are some particular concerns to focus on, outlined by Dale Gieringer:

The report does outline a good argument for allowing on-site
vaporization, which it attributes to Jeff Jones. We should reinforce
this with testimony of our own. We should reiterate all of our
complaints with the MCD ordinance, including the ban on on-site
consumption, the 1000 ft limit and the limitation on clubs.
Realistically, we can't expect the City to budge right now on
allowing new clubs, especially since they have just doubled the
number of licensed facilities from two to four. However, we may have
a shot at getting on-site vaporization.

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!

7:30 p.m.
City Hall Hearing Room 1
One Frank H. Ogawa Plaza
Oakland, CA 94612

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

*8) Tuesday, February 27th, Oroville: Butte County to Vote on
Implementation of MMJ ID Card Program*

Next Tuesday, February 27, the Butte County Board of Supervisors will be
conducting a hearing on the implementation of the statewide medical
marijuana ID card program.

Once the voluntary program is made available, local patients will have
the opportunity to obtain the ID cards through the county's Health
Department. The cards provide further protection from detainment, arrest
or seizure of medicine from patients who qualify under California's
medical marijuana laws.

The board hearing will take place on Tuesday, Feb. 27 at 10:20am in
Oroville. Please attend this important meeting to show your support for
California's medical marijuana ID program and patients' rights in Butte
County.

Butte County Board of Supervisors
Tuesday, Feb. 27 - 10:20am
25 County Center Drive, Oroville, CA 95965
530-538-7631
Map: http://tinyurl.com/2tww8y
(this is a professional meeting, please dress and act accordingly)

Feel free to contact me anytime for more information.

Thank you,
Aaron Smith
Safe Access Now
(707) 575-9870

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

*9) Tuesday, February 27th, Woodland: Yolo County to Vote on
Implementation of MMJ ID Card Program*

Next Tuesday, February 27, the Yolo County Board of Supervisors will be
conducting a hearing on the implementation of the statewide medical
marijuana ID card program. The Public Health Department is seeking the
board's approval to move forward with the program in Yolo County.

Once the voluntary program is made available, local patients will have
the opportunity to obtain the ID cards through the county. The program
provides further protection from detainment, arrest or the seizure of
medicine for those who choose to become cardholders.

The board meeting will take place on Tuesday, Feb. 27 at 9:15am in
Woodland. Please attend this important hearing to show your support for
California's medical marijuana ID program and patients' rights in Yolo
County.

Yolo County Board of Supervisors
Tuesday, Feb. 27 - 9:15am
Board of Supervisors Chambers
625 Court Street
Woodland, CA 95695
Map: http://tinyurl.com/256p2x

(this is a professional meeting, please dress and act accordingly)

Thank you for taking action to protect Yolo County's medical marijuana
patients.

For more information, contact Aaron Smith at safeaccessnow [at] gmail.com

------------------------------------------------------------------------
*Court Support*
------------------------------------------------------------------------
*
10) 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.

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

*11) 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

------------------------------------------------------------------------
*
12) 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*
------------------------------------------------------------------------

*13) Saturday, March 3rd, Sacramento: Medical Cannabis Activist Town Hall*

Please join Steph Sherer, ASA's Executive Director for a Sacramento
Activist Town Hall on March 3rd from 3-6 pm at 320 Harris Suite H,
Sacramento, CA. This event will be a an opportunity for the community to
come together while Steph walks everyone through a strategic planning
session to create next steps for Sacramento city and county
implementation of Prop 215 And SB 420. This will include defining
problems in the community, as well as determining goals and creating
campaigns to tackle these problems and achieve community goals.

Steph Sherer will also give a brief update from ASA about national and
state campaigns, including details about ASA's recent federal lawsuit.

Who: Sacramento Medical Cannabis Community and ASA's Executive Director
What: Sacramento Activist Town Hall
When: March 3 2007 3PM- 6 PM
Where: 320 Harris Suite H, Sacramento, CA
Why: Because these laws aren't going to implement themselves

For more info contact Rebecca at 510-251-1856 x 308 or
Rebecca [at] SafeAccessNow.org
*
*
------------------------------------------------------------------------
*
**14) 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
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