ASA CA Weekly Alert 4-18-08

ASA California Weekly Alert: April 18, 2008
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*Weekly Round Up*
1. a. AB 2279 Clears Committee and Moves towards Floor Vote
b. Tainted Compassionate Edibles Defendants Plead Guilty
c. Los Angeles Supreme Court Judge Rules Against Collectives

* Take Action*
2. Groundbreaking Chronic Pain Study Needs Participants

*Chapter and Affiliate Meetings*
3. Saturday, April 19, Los Angeles: Los Angeles ASA Meeting
4. Tuesday, April 22, San Francisco: San Francisco ASA Meeting
5. Wednesday, April 23, Oakland: East Bay ASA Meeting
6. Monday, May 1, Santa Rosa: Sonoma County ASA Meeting

*Court Support*
7. Monday, May 28, Fresno: Trial for California Healthcare Collective
Defendants
8. Friday, May 2, San Diego: Sentencing Hearing for Nathan Archer

*Special Events*
9. Sunday, April 20, San Francisco- May 3, Petaluma: Three Special
Screenings of Waiting to Inhale
10. ***Postponed: April 26th Action for Compassion***

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Weekly Round Up
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1. a. AB 2279 Clears Committee and Moves towards Floor Vote
b. Tainted Compassionate Edibles Defendants Plead Guilty
c. Los Angeles Supreme Court Judge Rules Against Collectives

a. AB 2279 Clears Committee and Moves towards Floor Vote

The ASA-sponsored bill, AB2279 was approved this week by the Assembly
Labor and Employment Committee on a 6-2 party line vote. This bill if
passed will protect the rights of hundreds of thousands of medical
marijuana patients in California from employment discrimination. AB2279,
was introduced in February by Mark Leno (D-San Francisco) and
co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock
(D-Berkeley) and Lori Saldaña (D-San Diego). The bill, which heads to
the Assembly floor next, reverses a January California Supreme Court
decision in Ross v. RagingWire
http://americansforsafeaccess.org/Ross. ASA argued the case before
the court and is now a sponsor of the bill.

Last week, the bill passed a major hurdle by clearing the Judiciary
Committee on a 6-3 vote. ASA and Assemblyman Leno's office also secured
the support of several prominent groups, including the Service Employees
International Union (SEIU)
http://www.safeaccessnow.org/downloads/ab2279_seiu_ltr.pdf, the
American Federation of State, County and Municipal Employees (AFSCME)
http://www.safeaccessnow.org/downloads/ab2279_afscme_ltr.pdf, the
National Lawyers Guild
http://www.safeaccessnow.org/downloads/NLG_Support_Letter_AB2279.pdf,
and several HIV/AIDS advocacy organization.
http://www.safeaccessnow.org/downloads/NAPWA_Support_Letter_AB2279.pdf

This week's committee hearing featured numerous speakers in favor of the
bill including Assemblymember Mark Leno, ASA's Chief Counsel, Joe
Elford, patient Gary Ross, and Lanette Davies. Read a more detailed
play-by-play description of the hearing as reported in Rebecca
Saltzman's blog http://www.AmericansforSafeAccess.org/blog/?p=90.

Watch ASA's Chief Counsel, Joe Elford, medical cannabis patient Gary
Ross, and others' testimonies on video.
http://www.calchannel.com/search.php?da+%3F+rch=Submit

The next stop is the Assembly Floor. Look for an action alert from ASA
next week to find out what you can do to help secure employment rights
for California medical marijuana patients.

b. Tainted Compassionate Medicinal Edibles Defendants Plead Guilty

Jessica Sanders and David Anderson of Tainted Compassionate Medicinal
Edibles were in federal court this week. The two were arrested along
with Diallo McLinn on September 26, 2007, when the DEA raided five
locations in Oakland and San Leandro, allegedly confiscating hundreds of
edibles and 460 plants. The DEA later arrested Tainted co-founder
Michael Martin when he voluntarily turned himself in after he arrived
back from vacation. Tainted Compassionate Medicinal Edibles were
available for patients as an alternative to smoking at dispensing
collectives across the state.

During her federal hearing before Judge Wilkens on Wednesday, Sanders
plead guilty to using a telephone to distribute marijuana, a charge
relating to her taking an order for Compassionate Medicinal Edibles as
the order clerk. Sanders decided to plead guilty rather than go to
trial with the hope that this will move the court to be lenient during
sentencing. Sanders' felony charge does not have a mandatory minimum
sentencing. Sanders awaits her sentencing hearing, which is tentatively
set for July 9, 2008.

David Anderson flew in from his family home in Georgia this week to
appear at his sentencing hearing on Thursday before Judge Brazil.
Anderson plead guilty to the misdemeanor charge of knowingly aiding and
abetting the possession of marijuana. Judge Brazil then sentenced
Anderson to two years probation, to be served in his home state of
Georgia with no mandatory drug testing. David Anderson was the final
Tainted Employee to plead guilty to federal charges following the
September raids.

Diallo McLinn previously plead guilty to a misdemeanor charge and was
sentenced to two years of probation and mandatory drug testing. Michael
Martin plead guilty in March to a single felony charge of conspiracy to
manufacture a mixture containing marijuana. Martin's sentencing hearing
was originally set for July 2, 2008. That date may be subject to change.
ASA will keep you updated on any changes in both Sanders' and Martin's
sentencing hearings.

Read Vanessa Nelson's fascinating court coverage articles about Jessica
Sanders http://www.medicalmarijuanaofamerica.com/content/view/208/1/
and David Anderson
http://www.medicalmarijuanaofamerica.com/content/view/209/1/.

d. Los Angeles Supreme Court Judge Rules Against Collectives
From ASA California Director, Don Duncan

Yesterday, a Los Angeles Superior Court judge ruled again that landlords
can evict tenants operating medical cannabis collectives based on the
fact that their activity is illegal under federal law. The judge
reaffirmed her January decision following following a motion to vacate
by Union of Medical Marijuana Providers' attorney Steve Schectman, who
is defending multiple collectives facing eviction. Look for analysis of
this decision in the near future.

The DEA has been sending copies of the judge's January decision to
landlords who have already received threatening letters.

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Take Action
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2. Groundbreaking Chronic Pain Study Needs Participants

Dr. Donald Abrams of University of California, San Francisco needs
individuals who are currently using Oxycontin or MS Contin to join an
important medical cannabis study! This research could potentially
provide clinical proof that when added to conventional narcotic pain
drugs, marijuana can provide added relief and often allow much-reduced
doses of these dangerous narcotics.

In order to ensure that this necessary research continues and is a
success, Dr. Abrams is seeking out individuals who meet the following
qualifications:

To qualify, you must:

* Be taking either OxyContin or MS Contin (or Kadian) twice daily;
* Have smoked marijuana at least 6 times in the past;
* Be willing NOT to smoke marijuana for a month prior to screening
for the study;
* Be willing not to smoke cigarettes at least 2 weeks prior to
screening and through the study;

Click here to read more about the study and qualifications as posted in
ASA's Forums. http://www.safeaccessnow.org/punbb/viewtopic.php?id=1126

How to Get Involved:
If you meet the qualifications above and are interested in participating
in this historical research please contact Paul Couey at: 415-476-9554
ext 315 or e-mail at: pcouey [at] php.ucsf.edu. Let Paul know you found out
about this study from ASA.

If you have questions about the study or need more information, please
contact Sonnet [at] AmericansforSafeAccess.org

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Chapter and Affiliate Meetings
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3. Saturday, April 19, Los Angeles: Los Angeles ASA Meeting

Please join LA ASA as we discuss the recent court decisions, AB 2279,
and plan for the Action for Compassion. Come and show your support for
safe access!

When: 1pm
Where: Patient ID Center, 470 S. San Vicente Blvd.
Los Angeles, CA 90048 (Cross street is Drexel, between Wilshire & 3rd St.)

For more info, contact: Don [at] AmericansforSafeAccess.org

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4. Tuesday, April 22, San Francisco: San Francisco ASA Meeting

Come join ASA SF next Tuesday at our usual meeting space, Bowzers Pizza
on 11th at Harrison. We will discuss the latest in medical cannabis
politics, laws, science and activism and follow up on our Stand Up
Newsom Campaign. Don't miss out on this opportunity to meet other
patients fighting for their rights to safe access!

When: Tuesday, the 22nd at 7:30pm
Where: Bowzer's Pizza, 371 11th St in San Francisco

For more info, contact Alex: aaafranco [at] yahoo.com

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5. Wednesday, April 23, Oakland: East Bay ASA Meeting

Please join East Bay ASA for updates on pressing state legislation,
federal campaigns, and to discuss the recent court hearings for the
Tainted Compassionate Edibles defendants. We will also be writing
letters to Federal Judge Wilkens on behalf of Tainted defendant, Michael
Martin. Martin will join us at the meeting to discuss his case and
answer questions. Please join us at this important meeting!*

7:00 pm @ ASA Headquarters Office
1322 Webster Street, Suite 402, Downtown Oakland

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

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6. Monday, May 1, Santa Rosa: Sonoma County ASA Meeting

Join Sonoma County ASA as we prepare for the upcoming screening of
Waiting to Inhale at the Sonoma County Fairgrounds on May 3rd. Please
come to find out how you can help out!

When: Thursday, May 1, 5:00-7:00pm
Where: South City View Room
Department of Public Health
625 5th St., Santa Rosa, CA (Between Humboldt and Mendocino)

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

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Court Support
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Thank you to Vanessa Nelson for helping ASA stay on top of upcoming
court dates!
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7. Monday, May 28, Fresno: Trial for California Healthcare Collective
Defendants*

After the City of Modesto failed to shut down the California Healthcare
Collective by banning dispensaries, it called in the DEA. On September
27, 2006, the DEA raided the collective and arrested four people
(owner-operators Luke Scarmazzo and Ricardo Montes and two staff
members) on charges of distribution of marijuana and conspiracy to
distribute. Scarmazzo and Montes 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. In the raid, the DEA allegedly seized more than 100
pounds of marijuana, one thousand plants, multiple firearms, and more
than $200,000 in cash. The raids were the result of a 15-month
investigation between the DEA and the Modesto Police Department. Since
Judge O'Neill finally decided to release Monica Valencia on bail after 7
months in federal prison, all defendants have been released on bail
pending trial. Recently, Bradley Heinmiller, Bradley Wickliffe and
Stephen DeMattos have pled guilty to avoid trial, and only six
defendants (Scarmazzo, Montes, Valencia, Lucky Boissiere, Jose Malagon,
and Antonio Malagon) remain. For more info, see Vanessa Nelson's article
. Please
come out and show your support!

When: Monday the 28, 2008 at 1:30pm
Where: Before Judge Lawrence J. O'Neill in U.S. District Court (E.D., CA)
2500 Tulare Street, Fresno, CA

For more information contact Sonnet [at] AmericansforSafeAccess.org

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8. Friday, May 2, San Diego: Sentencing Hearing for Nathan Archer

In April, 2006, the San Diego P.D. raided the residence of Nathan
Archer, 40 year-old chronic pain patient in San Diego, seizing 30 plants
(police inflated the number to 98 plants by counting garbage and dead
plants) and 28 oz. of processed medicine. After failing to get a jury to
convict Archer in a previous criminal trial, the San Diego County
District Attorney Robert Bruce, who was overheard remarking to the
jurors of the first case that "this whole medical marijuana thing is a
bunch of poppycock," retried Archer. On January 30, 2008, after
assistance from a cross-deputized DEA Agent who served as an expert
witness, the second jury convicted Archer of cultivation and possession
of greater than 1 oz. of marijuana and he remains at home in Sausalito
while awaiting sentencing. Please come out to demonstrate to the San
Diego justice system that Nathan is part of our medical marijuana
community and to encourage the judge towards lenience.

When: May 2 at TBD
Where: Before Judge Kerry Wells in San Diego County Superior Court,
Central Courthouse at 220 West Broadway, Department 36 in San Diego

For more information contact Sonnet [at] AmericansforSafeAccess.org

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Special Events
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9. Sunday, April 20, San Francisco- May 3, Petaluma: Three Special
Screenings of /Waiting to Inhale/

Over the next few weeks, Waiting to Inhale will be screened three times
throughout the Bay Area. Filmmakers Jed Riffe, Maureen Gosling, Kat
Covell, and Vincente Franco Announce the Bay Area premieres of "Waiting
to Inhale." Award-winning film Waiting to Inhale, the first documentary
on the movement to legalize marijuana as a medicine, premieres in the
San Francisco Bay Area. Filmmaker Jed Riffe (/Ishi, the Last Yahi, Who
Owns the Past?/) returns with his latest and most controversial feature
length documentary yet.

Waiting to Inhale explores the battle between patients, doctors,
activists and the United States government over the legalization of
medical cannabis. Providing exclusive access with individuals whose
powerful stories have never made it to the front pages, the filmmaker
takes us inside a world where critically ill patients are arrested at
gunpoint for growing the only effective medicine for their pain.

San Francisco: Sunday, April 20th at 4:20pm- Waiting to Inhale Screening
at Roxie Cinema, 3117 16th St. San Francisco

Berkeley: Friday, April 25th at 9:00pm - Waiting to Inhale Screening at
Wheeler Hall, UC Berkeley

Petaluma: Saturday, May 3rd- /Waiting to Inhale/ Screening at Worldwide
Medical Marijuana March at Sonoma County Fairgrounds, featuring ASA's
Sarah Shrader as a panelist.

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

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10. ***Postponed: April 26th Action for Compassion****

The Action for Compassion, originally scheduled for April 26th, has been
postponed until further notice due to scheduling conflicts.
For more information on the Action, contact Don [at] AmericansforSafeAccess.org
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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
http://AmericansforSafeAccess.org

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