ASA California Weekly Alert: June 8, 2007

*ASA Logo*
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ASA California Weekly Alert: June 8, 2007
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*Weekly Round Up*
1. Attorney General Needs to Take a Stand, Pleasanton Bans Dispensaries but Expresses
Support, ASA vs. Butte County's Position Against Collective Cultivation

*ASA's Legal Tip of the Month
*2. Medical Marijuana Edibles and the Law

*ASA Chapter and Affiliate Meetings*
3. Saturday, June 9, Santa Barbara: Santa Barbara ASA Meeting
4. Sunday, June 10, Birds Landing: Solano Patients Group Meeting
5. Tuesday, June 12, San Francisco: San Francisco ASA Meeting
6. Tuesday, June 12, San Diego: San Diego ASA Meeting
7. Wednesday, June 13, Willits: Mendocino County ASA Meeting
8. Thursday, June 14, Lakeport: Lake County ASA Meeting
9. Saturday, June 16, Los Angeles: Los Angeles ASA Meeting
10. Tuesday, June 19, Sacramento: Sacramento ASA Meeting
11. Thursday, June, 21, Newport Beach: Orange County ASA Meeting
12. Thursday, June 21, Guerneville: Sonoma County ASA Meeting

*City and County Hearings*
13.* *Tuesday, June 14, Milpitas: City Council to Vote on Dispensary Ban
14. Friday, June 15, San Luis Obispo: Planning Commission Hearing on Dispensary
Permitting
15. Tuesday, June 19, Fontana: Fontana Planning Commission to Discuss Dispensary
Ordinance.

*Court Support*
16. Friday, June 22, Sacramento: Pre-trial Hearing for Dr. Mollie Fry & Dale Schafer
17. Friday, June 22, Fresno: Motions Hearing for California Healthcare Collective

*Special Events*
18. Friday, June 8-10, Santa Rosa: Sonoma ASA Tabling at the Health and Harmony Festival
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Weekly Round-Up California
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*1. Attorney General Needs to Take a Stand; Pleasanton Bans Dispensaries but Expresses
Support, and ASA vs. Butte County's Position Against Collective Cultivation
*/ Attorney General Needs to Take a Stand on Dispensaries/
California Attorney General Brown failed to take a stand on the legality of dispensaries
on Wednesday when his office stated publicly that it chose not to provide an opinion on
the matter. Given the many requests from collective members, patients, activists,
citizens, and elected officials for clarification, ASA is disappointed in the Attorney
General's lack of leadership. ASA believes that dispensary are legal and are protected
under state law. To read about ASA's position on dispensaries click here.


The Attorney General needs to protect the rights of patients to safe and legal access to
their medicine. To read more about the Attorney General's refusal to guide Californians
on dispensaries click here.


Pleasanton Bans Dispensaries but Expresses Support

On Tuesday Pleasanton City Council voted unanimously to ban storefront dispensaries at
the suggestion of the city police force and city attorney. Directly following the vote,
Councilman Matt Sullivan made a motion to establish a task force to investigate the
community's needs for medical cannabis and whether patients' needs were being met. The
council also addressed the discrepancies between federal and state law by motioning to
write a letter to local congressional leaders in support of the State's Rights to Medical
Marijuana Act, or HR2233.

The motion to establish a special task force assessing the needs of patients recognizes
some of the hurdles patients are confronted with. Their commitment to write a letter in
support of HR2233 is a proactive approach to federal and state legal contradictions.
Even though a ban has an immediate negative impact, the follow up actions of the City
Council have the potential to have a positive impact in California and nationwide.

/ASA vs. Butte County's Ban on Collective Cultivation
/
ASA filed a lawsuit on behalf of a patient collective challenging Butte County's policy
of banning collectives. At a pivotal hearing on Friday, ASA Chief Counsel Joe Elford will
argue against the demurrer, which will decide whether the case will go forward or will be
dismissed.

Patients who are unable to cultivate medical marijuana themselves and cannot find a
caregiver to do it for them often turn to private patient collectives as a way to obtain
their medicine. Collectives are explicitly allowed under state law and must be
accommodated by local law enforcement. In the fall of 2005, the Butte County Sheriff
conducted a number of raids on private patient collectives. One such raid occurred at the
home of David Williams, a member of a 7-patient collective who lives near Paradise,
California. Williams was forced to uproot and destroy more than two dozen plants just
prior to harvest, due to the incorrect rationale that every member must physically
cultivate the marijuana.

ASA's amended civil suit complaint against Butte County
(filed 4/5/07)*
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ASA's Legal Tip of the Month Patients Rightsw
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*2. Medical Marijuana Edibles and the Law

*Americans for Safe Access has received many reports from patients and dispensaries that
law enforcement considers edible medical marijuana products to be illegal.
Unfortunately, this is an incorrect interpretation of the law. California Health & Safety
Code Section 11018 defines "marijuana" as "all parts of the plant Cannabis Sativa L.,
whether growing or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin." (emphasis added.) In 2003, in order to clear up confusion
around the legality of concentrated cannabis, the California Attorney General (AG) issued
a legal opinion on the matter. The AG concluded that Proposition 215, the Compassionate
Use Act of 1996, included concentrated cannabis within the definition of marijuana, and
that patients and providers should be protected from criminal sanctions.

In addition, with the passage of SB 420, the Medical Marijuana Program Act, by the
California legislature, patients and caregivers are explicitly protected from criminal
liability. One of the criminal statutes exempted in SB 420 for patients and caregivers,
Health & Safety Code Section 11357, includes reference to concentrated cannabis.
Problematic interactions with law enforcement may not be avoidable, but things to can do
to lessen that likelihood include ensuring all edibles in your possession are well
wrapped and clearly labeled "for medical use." If you produce edibles yourself, ensure
that: a) the ingredients and finished product are out-of-reach of children and people who
are neither patients not caregivers; b) the facility and tools used to produce the
edibles are clean and sanitary (consider compliance with local and/or state clean room
requirements); and c) the packaging of edibles does not violate copyright laws nor unduly
attract the attention of youth.
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ASA Chapter and Affiliate Meetings Activist Fist*
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*3. Saturday, June 9th, Santa Barbara: Santa Barbara ASA Chapter Meeting*

We will be working on ASA's/ Fight Gridlock! Demand Research Now!/ campaign which targets
the government's monopoly on medical marijuana research materials. Please come and let
your voice be heard! Look forward to seeing everyone this Saturday! Where: Antioch
University Room 203 801 Garden St.
S.B. CA 93101

When: Sat. June 9th
3pm-5pm

For more info or questions please call Jennifer or e-mail: JenniferLn [at] gmail.com


Tuesday June 14th at 5:30pm
Milpitas City Hall
455 E Calaveras Blvd, Milpitas, CA

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*14. **Friday, June 15, San Luis Obispo: **Planning Commission Hearing on Dispensary
Permitting

*The San Luis Obispo Planning Commission will consider a request for a Minor Use Permit
to allow the establishment of a Medical Marijuana Dispensary. Please show your support
for the dispensary and the medical marijuana movement by attending this meeting. Planning
and Building Department
976 Osos Street, Room 200
San Luis Obispo, CA
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*15. **Tuesday, June 19, Fontana: Planning Commission to Discuss Dispensary Ordinance*

The Fontana Planning Commission is scheduled to meet to discuss a dispensary ordinance.
Planners likely will have a new ordinance ready for the commission's consideration. It is
unclear whether the ordinance will call for a moratorium or ban. Please come out and
show your support for medical marijuana. Download ASA's talking points on dispensaries.


Fontana Planning Commission
Tuesday, June 19th at 6:00pm
City Council Chambers
Fontana City Hall
8353 Sierra Ave., Fontana, CA 92335

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Court Support Patients Rights
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*16. Friday, June 22, Sacramento: Federal Pre-trial Hearing for Dr. Mollie Fry & Dale
Schafer*

Federal Pre-trial hearing for Dr. Mollie Fry and Dale Schafer will be held on Friday,
June 22 in Sacramento. El Dorado County Medical marijuana physician Mollie Fry and her
husband, attorney Dale Schafer, were arrested as a result of a September 28, 2001 raid on
their clinic in Cool, California, in which patient records were seized. After the Raich
decision, on June 22, 2005, Fry and Schafer were indicted for marijuana found on the
premises during the raid. Fry is also facing a separate action by the DEA to revoke her
license to practice medicine.

Please come and show your support!

Pre-trial begins at 10am before Judge Frank C. Damrell, Jr.
U.S. District Court, 15th Floor at 501
"I" Street in Sacramento.
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*17. Friday, June 22, Fresno: Federal Motions Hearing for California Healthcare
Collective*

Please come and support California Healthcare Collective defendants on Friday June 22 at
the Federal motions Hearing.

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. All defendants have been released on bail pending trial, with the exception
of Monica Valencia, who was recently imprisoned on a misdemeanor state charge and may be
held until her federal trial.

Come out and show your support!

Friday, June 22nd at 10:30am before Judge Lawrence J. O'Neill
U.S. District Court, 2500 Tulare Street, Fresno, CA.

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Special Events Take a Closer Look
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*18. **Friday, June 8-10, Santa Rosa: Sonoma ASA Tabling at the Health and Harmony
Festival*

Sonoma ASA will be tabling the Health and Harmony Festival at the Sonoma County
Fairgrounds next weekend. They will be educating festival participants on medical
cannabis, petitioning, and increasing medical cannabis awareness.

Sonoma ASA's Santa Rosa meeting will be preparing materials and the table at the
fairgrounds on Thursday the 7th. Please come out to the Health and Harmony Festival and
help spread the word about medical cannabis.

Friday, June 8th gates open @ 12:00pm
Saturday, June 9th and Sunday, the 10th gates open @ 10:00am
Health and Harmony Festival
Sonoma County Fairgrounds
1350 Bennett Valley Rd
Santa Rosa, CA 95404

For information on the festival: http://www.harmonyfestival.com
.

If you wish to help out or need more event details, please contact Sarah: 415-756-4587.
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Sonnet Seeborg Gabbard
Field Coordinator
Americans for Safe Access
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

Headquarters
1322 Webster St Suite 402
Oakland, CA 94612
P: 510-251-1856 ext. 321 F: 510-251-2036