Betty Yee & Carol Migden Stand Up for Safe Access in the Chronicle!

Dear Medical Cannabis Community,

Below is an op-ed co-authored by Betty Yee, Chariwoman of the Board of Equalization,
and state Senator Carol Migden condemning the DEA for its attack against safe access
and applauding Congressman Conyers for his leadership.

This is a direct result of the collaborative efforts of ASA, ASA SF, DPA, MPP,
CalNorml, and attorneys James Anthony and Patrick Goggin. This group has been
working together in an Emergency Response network to fight against the DEA's
letter-writing campaign to landlords who house dispensaries.

Please say Thank You to Carol Migden and Betty Yee by emailing them. Let them know
you appreciate their support of patients' rights to safe access.

Board.MemberD1 [at] boe.ca.gov

Email Carol Migden here (you must be a constituent to use this link)

What a great way to celebrate Medical Marijuana Week 2008!

In Solidarity,

Alex Franco
ASA SF

Hell-bent on shutting medical marijuana dispensaries

Betty T. Yee,Carole Migden

Friday, February 15, 2008

This will be a make-or-break year for medical marijuana dispensaries - if they can
survive the tactics employed by the federal Drug Enforcement Administration (DEA),
which recently added busting dispensaries' landlords to its repertoire of raids and
fear. As urged by Senate Joint Resolution 20 by state Sen. Carole Migden, D-San
Francisco, the federal government needs to back off and respect state compassionate
use laws that authorize a network of responsible, law abiding and tax-paying
medical marijuana providers.

In 1996, California voters passed Proposition 215 to exempt patients and caregivers
from criminal penalties when they possess or cultivate marijuana for medical use as
recommended by a physician. On the heels of voters approving the initiative, the
Legislature enacted a regulatory framework that authorizes local governments to work
with dispensaries so medical cannabis could be provided to seriously and terminally
ill patients. Eleven other states have similar laws following California's model.

Since 2005, the DEA has raided dozens of medical marijuana dispensaries and
collectives, with 28 of these raids occurring since June 2007 in 11 counties in
California. Los Angeles County saw a record of four raids in a single day last year.
Although the U.S. Supreme Court upheld the DEA's authority to conduct these raids in
Gonzales vs. Raich, it left state medical marijuana laws intact. Angel Raich of
Oakland had sued the federal government in 2002 to prevent it from interfering with
her right to use medical cannabis for an inoperable brain tumor, seizures,
life-threatening wasting syndrome and severe chronic pain.

The DEA believes these dispensaries are illegal drug dealers facilitating
recreational drug use. However, most of the dispensary operators who have contacted
the State Board of Equalization for information about how to obtain seller's permits
for collecting and remitting sales taxes are not fugitives, but responsible persons
willing to abide by the laws to conduct their businesses.

For example, the Compassion Center for Alameda County was licensed by Alameda
County. It paid $3 million in sales taxes prior to being shut down by the DEA at the
end of October. The center had employed about 50 workers who earned a living wage
and were provided health benefits, unemployment insurance and workers' compensation
coverage. Take another example. Nature's Medicinal in Bakersfield had been licensed
by Kern County. It paid almost $1 million in taxes until its closure in 2007,
including $203,000 in federal and state income taxes, $365,000 in payroll taxes and
$427,000 in sales taxes. Nature's had 25 employees: eight were indicted, and the
rest were left unemployed and without health insurance after the raid.

Multiply these examples by the 300 medical cannabis businesses of which the DEA has
sent letters to landlords, and what do we get? Millions of dollars in lost tax
revenue for the state and municipalities, thousands are well-paying jobs with
benefits disappearing from our economy, and scores of dispensaries forced to close
or move underground for unregulated operations. However, the most significant
setback of the DEA's actions will be to the thousands of California patients who
suffer from the effects, pain and discomfort of chemotherapy, HIV/AIDS, glaucoma
and neurological disorders. Where is the compassion when these individuals can no
longer access medical marijuana to relieve their chronic pain, debilitating
symptoms and treatment side-effects?

We applaud the leadership of House Judiciary Committee Chairman John Conyers,
D-Mich., in his oversight of the DEA's property forfeiture threats. Recognizing the
conflict between federal and state law, we will continue to exercise our
responsibilities as state policymakers to the fullest extent and uphold the will of
California voters to regulate the provision and availability of medical marijuana
for those in need. Meanwhile the Legislature should approve SJR20, urging the
federal government to honor California law and respect state-sanctioned dispensaries
so medical marijuana patients can treat their pain, pay their taxes, and live in
peace.

Betty T. Yee is the chairwoman of the State Board of Equalization and represents the
First Equalization District, comprising 21 counties along the Northern and Central
California coast and including the entire Bay Area. Carole Migden represents the
Third Senate District in the California State Senate, comprising San Francisco,
Marin, and Sonoma counties.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/15/ED0UV1RNP.DTL

This article appeared on page B - 11 of the San Francisco Chronicle