ASA CA Weekly Alert 8-24-07

ASA California Weekly Alert August 24, 2007*
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*Help Us Stay Updated: *If you wish to have a medical cannabis event,
meeting, federal trial, and/or city or county hearing listed in the ASA
CA Weekly Alert, please send information to
Sonnet [at] AmericansforSafeAccess.org no later than Thursdays by 3:00pm. *
*

*Weekly Round-Up
*1. a. ASA's Chief Counsel Argues in Return of Property Case
b. John Berchielli Receives "Compassionate Sentence"
c. Patients, Activists, and Providers Devise Raid Response Plan in
Bay Area
d. Modesto Protest a Success!

*Take Action
*2. Join Activists Throughout the Nation Next Wednesday on National
Congressional Drop-in Day!

*ASA Chapter and Affiliate Meetings*
3. Tuesday, August 28, San Francisco: San Francisco ASA Meeting
4. Wednesday, August 29, Willits: ***Special Mendocino ASA Meeting****
*5. Tuesday, September 4, Sacramento: Sacramento ASA Meeting
6. Thursday, September 6, Santa Rosa: Sonoma County ASA Meeting**
*
Court Support*
7. Monday, September 10, Sacramento: ***Rescheduled Federal
Resentencing Hearing for Bryan Epis***

*Special Events*
8. Sunday, August 26, Los Angeles: Medical Marijuana Educational Fair

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Weekly Round-Up california


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*1.* *a. ASA's Chief Counsel Argues in Return of Property Case
b. John Berchielli Receives "Compassionate Sentence"
c. Patients, Activists, and Providers Devise Raid Response Plan in
Bay Area
d. Modesto Protest a Success!
/
/*/a. ASA's Chief Counsel Argues in Return of Property Case

/Yesterday, Joe Elford, ASA's Chief Counsel, gave compelling arguments
on behalf of Garden Grove patient, Felix Kha, for his return of property
case. The results of this case could have a lasting impact on patients'
rights and return of property. Americans for Safe Access reports, from
literally hundreds of patient calls per year, that at least 90% of local
law enforcement encounters result in the seizure of medical marijuana.
ASA has been fighting for years against the rampant seizure of medical
marijuana by local law enforcement in California. Read more about Felix
Kha's <http://www.safeaccessnow.org/article.php?id=4412> case.

Felix Kha obtained a court order in 2005 for the return of his 8 grams
of wrongfully seized medical marijuana, but the City of Garden Grove and
GGPD refused to return it, choosing instead to appeal. In a separate
return of property case, stemming from a Huntington Beach medical
marijuana seizure, patient Jim Spray was denied a court order for the
return of his medicine. Two cases were decided two different ways by
Orange County Superior Court, and they are now being heard in appellate
court. In November 2006, the California Attorney General filed an amicus
brief <http://www.safeaccessnow.org/downloads/Kha_AG_Amicus.pdf> in the
case on the side of patients.

Joe Elford's arguments we heard by the state's 4th District Court of
Appeal in Santa Ana, which has 90 days to issue a decision. To read more
about the hearing read the Los Angeles Times
<http://www.latimes.com/news/local/la-me-marijuana24aug24,1,7298759.story?ctrack=2&cset=true>

and/or Orange County Register
<http://www.ocregister.com/news/marijuana-medical-spray-1819930-kha-police>
articles. Also, be sure to check out the Orange County Register's
editorial
<http://www.ocregister.com/opinion/marijuana-court-california-1818412-patient-patients>

about the hearing.
/

b. John Berchielli Receives "Compassionate Sentence"

/Medical cannabis patient and provider, John Berchielli, was convicted
of five counts of medical marijuana-related charges in late July. His
sentencing hearing occurred earlier this week. The judge presiding over
the hearing reduced his sentence from 3 years to 10 months medical
furlough. Below is a letter from John Berchielli sent to the Sacramento
ASA listserv.

/"Hello fellow activists, thank you all for your prayers and support.
Divine intervention and community support got the judge to reduce my
sentence from the 3 years he intended to 10 months medical furlough. He
also didn't agree with the prosecution that the mere presence of
marijuana automatically creates a child endangerment scenario. A great
victory for patients who have children.This compassionate sentence will
allow me to continue caring for my grandmother, who turns 90 this year
and my 14-year-old daughter.

Again, thanks to everyone. Never underestimate the power of court
support for patients or let your public defender tell you otherwise. The
jury, in my case, cited the absence of court supporters weighed heavily
in their conviction. Let's be sure we support our fellow patients
during trial proceedings in writing and/or in person. Through organized
support we will make a difference for all patients. Let every jury know
the community supports medical marijuana patients..."/

Read about John Berchielli's case, reported by Vanessa Nelson at:
http://www.medicalmarijuanaofamerica.com/content/category/1/56/109/

/
c. Patients, Activists, and Providers Devise Raid Response
Plan in Bay Area

/This week, Bay Area activists, patients, providers, and concerned
citizens met to discuss and devise a raid emergency response plan. In
response to the DEA's recent attacks on numerous Southern California
dispensaries, Bay Area medical cannabis supporters decided to get
organized and be prepared for potential raids on local dispensaries. A
group of nearly 30 people gathered together at ASA's headquarters in
downtown Oakland to determine plans for pre-raid preparation for
emergency response (ER), day of raid, and post-raid follow up.

For pre-raid preparation, the group put together task lists for making
signs, recruiting supporters for an ER phone-tree, and getting local
dispensary operators' legal and contact information ahead of time. For
ER plans during a raid, the group determined who will be contacting the
media, the police liaison, making calls, enacting the phone-tree, main
protest organizer, and recording video of the raid.

This meeting was just a first step in building a Bay Area response to
DEA raids, and San Francisco ASA will be hosting a follow up meeting on
Wednesday, September 19th at 7:00 p.m. in San Francisco (location
t.b.a.). Look for an announcement on the location of the meeting in
next week's Weekly Alert.

You too can facilitate an emergency response meeting, similar to the Bay
Area's. Download the following documents and get you community prepared!

Download this document for a step-by-step raid response plan:
http://www.AmericansForSafeAccess.org/downloads/raid_response_plan.pdf

Download this form and take it to your local dispensaries. In the event
of a raid, this form will enable ASA and activists to act quickly to
support the dispensary.
http://www.AmericansForSafeAccess.org/downloads/ASA_Dispensary_Raid_Form.pdf


Sign-up community members with this Raid Text Messaging System Alert
Sign-Up Sheet. Download this form, circulate it within your community
and send it back to ASA to further bolster local raid emergency
response. The more people signed-up, the stronger we are in the event
of a raid:
http://www.AmericansForSafeAccess.org/downloads/raid_alert_sign_up.pdf

For any questions or other information, please contact
Sonnet [at] AmericansforSafeAccess.org.

/
d. Modesto Protest a Success!

/This Wednesday, medical cannabis supporters joined together in Modesto
to protest against the DEA, in solidarity of the recently raided Oakdale
Natural Choice Collective. Read the Modesto Bee's article on the
protest <http://www.modbee.com/local/story/49863.html>. Below is an
account of the protest by Vanessa Nelson.

/"Wednesday's rally in Modesto had a tremendous turnout, in quality as
well as quantity. It was wonderful to see so many people in good
spirits, in spite of the heat, marching around with signs and getting
the word out to the community. I am really glad that the mainstream
media is covering this case so extensively, and Addison < Oakdale
Natural Choice Collective's Operator> told me at the rally that he's
been very happy with the reporting from the Modesto Bee." /

To read the full report on the protest and background on Addison
DeMoura's case, read Vanessa's report at:
http://www.medicalmarijuanaofamerica.com/content/view/140/1/
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Take Action take action

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*2. Join Activists Throughout the Nation Next Wednesday on National
Congressional Drop-in Day!*
_
*Join ASA's Activists in a National Congressional District Drop-in Day!
Wednesday, August 29th! *_

*What: *Activists throughout the country are planning on dropping by
their Congressional Representative next Wednesday, August 29, during
business hours. Schedule a meeting today with your Congressional
Representative's office next Wednesday, August 29. If they cannot meet
with you on the 29th, organize a drop-in at your representative's local
district office for that day. Don't know who your representative is
and/or need the local district address? Go to http://www.house.gov
<http://www.house.gov/> to find out!

*When:* During business hours on Wednesday, August 29th.

*What to Bring: *Download the following materials to drop off at your
representative's district office:
**

a. A letter from Reps. Olver and Rohrbacher urging your Congressperson
to sign on <http://www.safeaccessnow.org/downloads/Dear%20Colleague.final>
b. The letter to Administrator Tandy
<http://www.safeaccessnow.org/downloads/Sign-On.final.pdf>
c. ASA's UMass Amherst Fact Sheet
<http://www.safeaccessnow.org/downloads/UMass_NIDA.pdf>

*What to Ask:***

**Please support medical cannabis research by co-signing the
Olver/Rohrabacher letter to DEA Administrator, Karen Tandy, urging her
agency to follow the recommendation of Administrative Law Judge Mary
Ellen Bittner and grant a license to Prof. Lyle Craker of UMass Amherst
to grow marijuana exclusively for federally-approved research. To join
the letter, contact Brendan Bundy in Rep. Olver's office at 202-225-5335.

*Why:* The only way we can win this campaign and end the research
gridlock is with strength in numbers. That means we need as many people
as possible to contact their representative and call on them to support
medical cannabis research.

*Follow Up: * At your drop-in or meeting, be sure to schedule a follow
up meeting to discuss other pressing national medical cannabis issues.
After your drop-in or meeting, be sure to contact
Sonnet [at] AmericansforSafeAccess.org
<mailto:Sonnet [at] AmericansforSafeAccess.org> to let us know how it went!

Click here for more information on the UMass-Amherst research struggle
<http://www.safeaccessnow.org/section.php?id=317>.

Thank you for taking action for medical cannabis research!
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ASA Chapter and Affiliate Meetings Activists

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*3**. Tuesday, August 28, San Francisco: San Francisco ASA Meeting*

Please join us at the upcoming San Francisco ASA meeting. We will be
discussing upcoming local medical cannabis issues as well as pressing
national issues.

The next ASA SF meeting will be held on Tuesday August 28th 7:30 to 9:00

Where: Bowzer's Pizza
371 11th St
San Francisco , CA 94103

For more information, contact Alex or Kevin: aaafranco [at] yahoo.com;
kevinreed [at] hotmail.com.

*
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*4. Wednesday, August 29, Willits: ***Special Mendocino ASA Meeting***
*
Please join ASA's Field Coordinator, Sonnet Seeborg Gabbard, and
Northern California Peer Counseling Coordinator, Sarah Shrader, at a
special Mendocino ASA meeting next Wednesday. Sonnet and Sarah will be
joining local activists to discuss pressing local issues and do a
briefing on upcoming campaigns.

When: Wednesday, August 29th at 6:00pm
Where: Willits Public Library
390 E Commercial St, Willits, CA

For more information, contact Sonnet [at] AmericansforSafeAccess.org.

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*5. Tuesday, September 4, Sacramento: Sacramento ASA Meeting

*Thank you to those who have come out to show your court support the
past several weeks. Please join us at our Sacramento ASA meeting to
discuss pressing national, state, and local issues. There are some very
exciting medical marijuana events coming up, so we need as many members
as possible to make it out to the next meeting.

When: Tuesday, September 4th at 7:00 p.m.
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento, CA

For more information, contact Lanette: cannacare [at] earthlink.net.
*
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*6. **Thursday, September 6, Santa Rosa: Sonoma County ASA Meeting
*
Join us at the Sonoma County September ASA meeting. We will be
discussing the recent DEA attacks on California, upcoming court dates,
and going over other local updates. Please be sure to attend the meeting
as it is the only scheduled September meeting. We hope to see you there!*

*When: Thursday, September 6th, at 7:00pm
Where: Department of Public Health
625 5th St., Santa Rosa, CA*
*
For more information, contact Terri: 707-332-6556.

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Court Support Court Support

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*7. Monday, September 10, Sacramento: ***Rescheduled Federal
Resentencing Hearing for Bryan Epis***

*_Please note the date change for Bryan Epis' resentencing hearing from
Friday, August 24th, to Monday, September 10th. _

Bryan Epis was the first medical marijuana patient convicted in federal
court after the passage of California's Proposition 215. Epis was
arrested June 25, 1997, after Butte County sheriff's officers discovered
marijuana plants growing in the basement of his home in Chico. Epis was
released on bail August 9, 2004, pending his appeal, and is currently
awaiting his re-sentencing by the District Court. See Vanessa Nelson's
article <http://www.medicalmarijuanaofamerica.com/content/view/67/60/>
for more info.

When: Monday, September 10th at 10:00am
Where: Courtroom of Judge Frank C. Damrell, Jr.
U.S. District Court (E.D., CA), 15th Floor
501 "I" Street, Sacramento, CA

For more information contact Sonnet: Sonnet [at] AmericansforSafeAccess.org
<mailto:Sonnet [at] AmericansforSafeAccess.org>

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Special Events

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*8. Sunday, August 26, Los Angeles: Medical Marijuana Educational Fair

*On Sunday, August 26, members of the Los Angeles Chapter of Americans
for Safe Access (LA-ASA) will join members of Patients Advocacy Network
(PAN) and other cannabis and medical cannabis advocates at an
educational fair and rally in downtown Los Angeles. PAN organized this
day of education and empowerment to help advocates find out how they can
help fight back against the DEA attacks on safe access. This will be a
great opportunity for outreach as there is a large health fair just
across the street!

Please come and join patients, caregivers, and others. Participants
include PAN, LA-ASA, California NORML, Dank, Los Angeles County Medical
Marijuana task Force, and others.

What: Responding to the DEA
When: Sunday, August 26 @ 11:30 AM
Where: Father Serra Park, where N. Los Angeles St. meets N Alameda St.
(across from Union Station)

LA-ASA is looking for volunteers to man our table on Sunday. Call Don or
Chris at (323) 882-6766 between 11:00 AM and 7:00 PM if you can
volunteer any time beginning around 11:00 AM on Sunday.

Here is a link to a map:

<http://www.mapquest.com/maps/map.adp?searchtype=address&country=US&addtohistory=&searchtab=home&formtype=address&popflag=0&latitude=&longitude=&name=&phone=&level=&cat=&address=n.+los+angeles+st.+and+n.+alameda+st.&city=los+angeles&state=ca&zipcode=>

--

Sonnet Seeborg Gabbard
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. 321 F: 510-251-2036