ASA CA Weekly Alert

*Weekly Roundup*

1) Ed Rosenthal Vindictive Prosecution Hearing, West Hollywood DEA Raid
& LAPD Raid
*
**ASA Legal Tip of the Month*

2) Your Rights as a Worker and a Medical Marijuana Patient

*ASA Chapter & Affiliate Meetings*

3) Sunday, March 11th, Birds Landing: Solano Patients' Group Meeting
4) Tuesday, March 13th, San Diego: San Diego ASA Meeting
5) Tuesday, March 13th, San Francisco: San Francisco ASA Meeting
6) Thursday, March 15th, Guerneville: Sonoma ASA Meeting
7) Thursday, March 15th, Fullerton: North Orange County ASA Meeting
8) Saturday, March 17th, Hollywood: Los Angeles ASA Meeting
9) Wednesday, March 21st, Newport Beach: South Orange County ASA Meeting
10) Wednesday, March 21st, Oakland: East Bay ASA Meeting

*City & County Hearings*

11) Tuesday, March 13th, Sonora: Tuolumne County to Vote on Implementing
MMJ ID Card Program
12) Tuesday, March 20th, Lakeport: City Council to Vote on Banning
Medical Marijuana Cultivation

*Court Support*

13) Friday, March 16th, San Francisco: Pretrial Hearing for Ed Rosenthal

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*Weekly Roundup*
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*
1) Ed Rosenthal Vindictive Prosecution Hearing, West Hollywood DEA Raid
& LAPD Raid*

/Federal Court Orders Prosecutor to Turn Over Secret Records in
Rosenthal Case
Vindictive prosecution hearing moves medical marijuana case closer to
dismissal/

On Friday, March 2nd, in a very rare occurrence, federal Judge Charles
Breyer found that author and medical marijuana activist Edward Rosenthal
had laid the groundwork for dismissal based on vindictiveness by the
prosecutor. Judge Breyer then ordered the government to produce all
prosecutorial memoranda explaining the reason for a second prosecution
of Rosenthal. The hearing was called after Americans for Safe Access
(ASA) filed briefs in Rosenthal's case claiming that the government was
retaliating against Rosenthal for his successful appeal and his
statements to the press that the first trial was unfair.

The federal prosecutor also conceded in court that he will not seek more
than a one-day time-served sentence, which further confirms that the
addition of new charges is retaliatory. Judge Breyer promised a decision
on the vindictive prosecution motion before the trial date of March 19,
2007.

"Friday's court hearing went extremely well," declared ASA Chief Counsel
Joe Elford. "I firmly believe that the prosecutorial memoranda will
bolster our already strong showing that this prosecution is a vindictive
one."

The hearing on a motion to dismiss centers around the re-indictment of
Rosenthal after his 2003 conviction was overturned in April 2006 by the
Ninth Circuit Court of Appeals. Rosenthal's prosecution had been split
into two separate cases by Judge Breyer -- one involving the single
charge of tax evasion and another that includes nearly identical
marijuana charges from his earlier 2003 trial. However, Judge Breyer
today granted a motion to consolidate the cases.

In a remarkably candid admission made earlier, the prosecutor stated
that the reason for this second prosecution of Rosenthal is a direct
response to "the specific comments that Rosenthal and others made." The
government further admitted in a recent legal filing that it held its
new evidence in abeyance, so it "would be in a position to charge
Rosenthal with [additional charges] if the Ninth Circuit reversed his
conviction."

At Rosenthal's first appearance on new charges, in October 2006, the
court remarked, in reference to public comments by the defendant at the
time of his 2003 conviction: "[Rosenthal] can say whatever he wants to
about the prosecution, and he can say whatever he wants to about the
judge. That is his constitutional right."

After finding out that medical marijuana evidence had been excluded from
the 2003 trial, a majority of the jurors that convicted Rosenthal
recanted their verdict only days afterward. Due at least in part to
public outcry, Rosenthal was sentenced to one day in jail.

ASA's vindictive prosecution motion:
http://www.safeaccessnow.org/downloads/Rosenthal_Vindictive_Prosecution.pdf
Government's opposition:
http://www.safeaccessnow.org/downloads/Rosenthal_Opposition.pdf
ASA's reply: http://www.safeaccessnow.org/downloads/Rosenthal_Reply.pdf
For more information on Ed Rosenthal's cases:
http://safeaccessnow.org/EdRosenthal


/DEA invades West Hollywood A Second Time/

On Tuesday, the DEA continued its assault on patients raiding West
Hollywood Caregivers for the second time in two months. ASA immediately
sprang into action when we heard about the raid, activating our
emergency response
network. We sent out emails, posted on message boards, and made dozens
of phone calls causing more than 40 patients and demonstrators to
respond to the scene.

Within a half hour, the advocates gathered in front of the dispensary to
show their support and protest the DEA raid. As the DEA loaded the
stolen medicine out of the collective, the West Hollywood Sheriff
Deputies did not restrict patients from approaching the DEA. Thirty of
these advocates followed the team of agents the entire length of the
walk from the collective to the DEA cars. The group eventually blocked
the DEA's exit, and the local Sheriffs did not remove them for more than
a half hour. Three courageous patients refused to allow the DEA to
leave, and stood
their ground as the Sheriff Deputies finally removed them. The Head
Captain of the West Hollywood Sheriff personally assured ASA that the
three demonstrators would be taken into Sheriff's custody and released
on their own recognizance. Four West Hollywood Caregivers security
guards were also arrested and taken into DEA custody.

Tuesday's events were captured by the media, including television
cameras from KCAL 9, Fox News, and KTLA, and at least three stations
have already run favorable stories.

The DEA may be stepping up its activity, but it is clear that our
community will not stand down. The brave actions of patient activists
show the public that the behavior of the DEA is unacceptable! On
Tuesday, patients in Los Angeles sent the DEA a message that this is
unacceptable, and they can not come into LA without opposition.


/LAPD Raids THC Dispensary in Van Nuys & Patient Advocates Respond/

Forty protests turned out in response to yesterday afternoon's raid at
T.H.C. in Van Nuys. We are sad to report that eleven people inside were
arrested on state charges of transporting cannabis and maintaining a
house for providing cannabis (H&S 11360 & 11366.5, respectively). Los
Angeles Police Officers on the scene said this was part of an ongoing
investigation and the search and arrest warrants came from a state judge
in Van Nuys. Officers also report that DEA agents were present, but none
were observed by protesters.

As always, it will take some time to get the whole story. We should not
read too much into these events or the LAPD comments yet. Please contact
the LA-ASA office at 323-464-7719 or email Chris.Fusco [at] SafeAccessNow.org
if you have any additional information.

Thank you to everyone who turned out to protest yesterday!

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*ASA Legal Tip of the Month*
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*2) Your Rights as a Worker and a Medical Marijuana Patient*

Unfortunately, medical marijuana patients are currently discriminated
against at the workplace. If you apply for a job at a company that bases
your prospective employment on a negative test for marijuana, an
employer is within their right to refuse you employment. This unfair
practice is in part the result of a California appellate court ruling in
/Ross v. RagingWire/, which allows employers to fire or refuse to hire
medical marijuana patients. Americans for Safe Access (ASA) joined the
lawsuit, and it is currently pending before the California Supreme
Court. Through this case, ASA will fight for the right of patients to
work free from discrimination.

In the meantime, precautions should be taken with your existing or
prospective employers. As an employee, a patient does not have to
consent to a test for marijuana even if a random drug test agreement was
signed. In the event of a marijuana test, it may be helpful to indicate
to the employer that you are a qualified patient and that you will fail
the test if taken. As a prospective employee, you can either be up front
about your patient status and risk possible discrimination, or seek out
employers that don't test for marijuana. Stay tuned for progress in the
/Ross/ case, and read more about it here:

http://www.safeaccessnow.org/briefbank#rossvragingwire

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*ASA Chapter Meetings*
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*
3) **Sunday, March 11th, Birds Landing: Solano Patients' Group Meeting*

3:00 p.m. @ 2145 Collinsville Road in Birds Landing
For more info, call (707) 635-3752

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*
4) Tuesday, March 13th, San Diego: San Diego ASA Meeting*

Our San Diego chapter of ASA has been busy lately and needs you to get
involved. 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.

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*5) Tuesday, March 13th, San Francisco: San Francisco ASA Meeting*

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.
CA Marijuana Party Bookstore
223a 9th St. @ Howard in San Francisco

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*6) Thursday, March 15th, Guerneville: Sonoma ASA Meeting*

When: Thursday from 7pm-9pm
Where: Marvin's Gardens 15025 River Road (towards Guerneville)

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

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*7) Thursday, March 15th, Fullerton: North Orange County ASA Meeting*

Please come to discuss local law enforcement problems and campaigns to
address this and other issues!

7:00 p.m. @ 1520 W Commonwealth Ave, in Fullerton
For more info, please call Adam: (949) 315-1097 or email
adamwithasa [at] gmail.com

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*8) Saturday, March 17th, Hollywood: Los Angeles ASA Meeting*

Join the LA ASA chapter to plan future emergency response plans and help
to regulate dispensaries in LA City.

1pm - 3pm @ California Patients Group
6208 Santa Monica Blvd Los Angeles, CA 90038

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

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*9) Wednesday, March 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

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*10) Wednesday, March 21st, 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, March 21st @ 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!

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*City & County Hearings*
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*
11) Tuesday, March 13th, Sonora: Tuolumne** County to Vote on
Implementing MMJ ID Card Program*

Next week, the Tuolumne 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 program provides further protection from detainment,
arrest or the seizure of medicine for those who choose to become
cardholders.

The hearing will take place on Tuesday, March 13 at 10:00am in Sonora,
CA. Please attend this important meeting to show your support for
California's medical marijuana ID program and patients' rights in
Tuolumne County.

Meeting details:

Tuesday, March. 13 - 10:00am

County Administration Center
2 South Green Street
Sonora, CA 95370
Map: http://tinyurl.com/2r58o6
The board chamber is located on the 4th floor.

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

Thank you for taking action to protect Tuolumne County's medical
marijuana patients. Feel free to contact me for more information.

Sincerely,
Aaron Smith
Safe Access Now
safeaccessnow [at] gmail.com

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*12) Tuesday, March 20th, Lakeport: City Council to Vote on Banning
Medical Marijuana Cultivation*

The City Council will be voting on an ordinance banning all marijuana
cultivation, including medical marijuana. Here is the text of the
proposed ordinance:

Marijuana Cultivation: Marijuana cultivation is hereby declared
unlawful and a public nuisance within the City limits of the City of
Lakeport, at any time, on any parcel of land, whether indoors,
outdoors, or fully enclosed within a secure structure.

Please attend and speak out for safe access!

6:00 p.m.
City Council Chambers
225 Park Street
Lakeport, CA

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*Court Support*
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*
13) Friday, March 16th, San Francisco: Pretrial Hearing for Ed Rosenthal*

Pretrial 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.
*
*
--

Rebecca Saltzman
Field Coordinator
Americans for Safe Access
AmericansForSafeAccess.org <http://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... AmericansforSafeAccess.org
<http://AmericansforSafeAccess.org>

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