Publish to Newswire
Add an EventFrom the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
ASA CA Weekly Alert 5-1-08
****Click here to Take Action to Ensure Patients' Employment Rights!****
http://www.AmericansforSafeAccess.org/AB2279Action
http://www.AmericansforSafeAccess.org/AB2279Action
ASA California Weekly Alert: May 1, 2008
------------------------------------------------------------------------
****Click here to Take Action to Ensure Patients' Employment Rights!****
http://www.AmericansforSafeAccess.org/AB2279Action
------------------------------------------------------------------------
*Weekly Round Up*
1. a. Berkeley Mayor Takes a Stand Against DEA Raids
b. Law Enforcement Non-Cooperation Act Passes Committee
c. DEA and LAPD Raid San Fernando Valley Collectives
d. California Healthcare Collective Defendants Take Plea Deals- Leaving Two to Go to
Trial
e. San Luis Obispo Sheriff's Department Returns Patient's Medicine
*Take Action*
2. *This is Your Last Chance to Contact Your Assembly Member for Employment Rights!
http://www.AmericansforSafeAccess.org/AB2279Action*
*ASA's Legal Tip of the Month
*3. Cultivation with Multiple Recommendations: Part 2 of 2: The Collective/Cooperative
Model*
*
*Chapter and Affiliate Meetings*
4. Tuesday, May 6, Sacramento: Sacramento ASA Meeting
5. Tuesday, May 12, San Diego: San Diego ASA Meeting
6. Tuesday, May 12, San Francisco: San Francisco ASA Meeting
7. Wednesday, May 13, Newport Beach: Orange County ASA Meeting
*City and County Hearings *
8. Tuesday, May 6, Redondo Beach: City Council to Consider Dispensary Ban
9. Wednesday, May 7, San Francisco: Board of Appeals Hearing for Re-leaf Center
*Court Support*
10. Friday, May 2, San Diego: Sentencing Hearing for Nathan Archer
11. Monday, May 5-May 15, Fresno: Trial for Luke Scarmazzo and Ricardo Ruiz Montes
12. Tuesday, May 6, Sacramento: Status Hearing for Mike Lombardo
*Special Events*
13. Saturday, May 3, Santa Rosa: Special Screenings of Waiting to Inhale
------------------------------------------------------------------------
California Icon Weekly Round Up
------------------------------------------------------------------------
1. a. Berkeley Mayor Takes a Stand for Patients and Caregivers
*From Becky DeKeuster, Berkeley Patients Group*
Berkeley Mayor Tom Bates this week joined Oakland's Ron Dellums and San Francisco's Gavin
Newsom in urging Representative John Conyers, Chairman of the House Judiciary Committee,
to hold Congressional oversight hearings into attempts by the Drug Enforcement
Administration (DEA) to undermine state and local medical marijuana laws. Bates' letter
references a unanimous City Council resolution on January 29, 2008 declaring Berkeley "a
sanctuary for medical marijuana patients, providers, and landlords," and mentions that
other cities have taken similar steps.
The letter calls Berkeley's three medical marijuana dispensaries "regulated, tax-paying
members of our community," and says they "maintain clean, safe properties and play an
active role in Berkeley's civic life." It then cites the DEA's "aggressive tactics" and
Berkeley's "strong opposition" to federal interference as reasons for swift hearings.
Since 2007, more than 50 dispensaries have been raided by federal agents and their assets
forfeited---including, in many cases, sales tax collections due to the state. In July
2007, landlords renting to dispensaries began receiving letters from the DEA, threatening
them with forfeiture and imprisonment. Many have chosen to evict, although no federal
action has been taken against a landlord since the letters went out.
In addition to Dellums, Newsom, and Bates, Mayor John Duran of West Hollywood and Mayor
Ryan Coonerty of Santa Cruz have also sent letters urging Conyers to set a date for
Congressional hearings.
Read about the Mayor's statement and letter in the Daily Californian
http://www.dailycal.org/article/101540/mayor_s_letter_calls_for_hearings_of_dea
For more information, contact: info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
b. Law Enforcement Non-Cooperation Act Passes Committee
On Tuesday, AB 2734, the law enforcement non-cooperation bill, passed out of the
California State Assembly's Committee on Public Safety. AB 2743, introduced by
Assebmlymember Lori Saldaña, would prohibit local and state law enforcement from
cooperating with the federal government in enforcement actions against medical cannabis
patients and/or providers. ASA has been working with MPP and several other medical
cannabis advocates to ensure that this bill passes through committee and moves forward
towards Assembly and Senate votes. The committee heard testimony from MPP's Aaron Smith,
raided collective operator Addison DeMoura, Deborah Pottle, a disabled former
corrections officer who received her medicine from DeMoura's collective, and Dr. Mollie
Fry and Dale Schafer, who are now facing 5 years in federal prison following a DEA raid
on their garden.
Passing out of the Committee on Public Safety is an important step towards barring local
California law enforcement from cooperating with the federal government on medical
cannabis enforcement. The bill is now headed to the California State Assembly's Committee
on Appropriations. Please look for upcoming news about this important piece of
legislation.
For more information on AB 2734, please visit http://www.AmericansforSafeAccess.org/AB2743
------------------------------------------------------------------------
c. DEA and LAPD Raid Valley Collectives
From California Director, Don Duncan
This week, Los Angeles Police Officers and DEA Agents raided several collectives in the
Los Angeles area. First, the operator at Ashmoon in the San Fernando Valley reported to
ASA that the LAPD raided his collective Monday night saying that his patients were "too
young." The next day, ASA received eye witness reports that there were three DEA raids
on Tuesday afternoon in Northridge, Studio City, and Sherman Oaks. Staff at the
collective in Northridge reported one arrest or detention. ASA has not heard reports from
the other locations. All of the raids this week were conducted at rapid speed, as to
avoid patient protests and media coverage. This new tactic is similar to last week's raid
on Herbal Nutrition Center and other raids which occurred earlier in the year.
If you have any additional information about these raids please send it to
Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
d. California Healthcare Collective Defendants Take Plea Deals-
Leaving Two to go to Trial
This week, California Healthcare Collective(CHC) defendants, Lucky Boissiere, followed by
brothers Jose and Antonio Malagon, and Monica Valencia took plea bargons Monday in
Federal Court- a day before their trial was scheduled to commence. The Malagon brothers
plead guilty to conspiring to manufacture and distribute marijuana. Their sentencing
hearing is scheduled for July 14th. Boissiere plead guilty to to possession with the
intent to distribute marijuana. His sentencing hearing is scheduled for July 27th.
Valencia plead guilt to possession with intent to distribute marijuana and will be
sentenced on August 18th. 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.
According to the Modesto Bee article ,
Boissiere, along with other CHC employess who took plea bargons in January and October
are on the government's witness list and will be testifying against the remaining CHC
defendants, Ricardo Ruiz Montes and Luke Scarmazzo who, if convicted could face up to 20
years in federal prison. See below in the Court Support section for Montes' and
Scarmazzo's trial dates.
Read more about the California Healthcare Collective defendants' cases in Vanessa
Nelson's article. http://www.medicalmarijuanaofamerica.com/content/view/211/
------------------------------------------------------------------------
e. San Luis Obispo Sheriff's Department Returns Patient's Medicine
This week a San Luis Obispo medical cannabis patient received his glass pipe and small
amount of medicine back from local law enforcement. The patient, Craig Steffens, filed a
return of property request following the confiscation of his medicine by a local police
officer in October. The Sheriff's Department returned the property after being threatened
with contempt of court.
The Sheriff's department put a hold on returning the property pending the /Garden Grove
v. Superior Court /appellate decision. ASA's landmark litigation establishes patients'
right to the return of wrongfully seized medical cannabis was affirmed by the California
Supreme Court on March 19. Following the California Supreme Court's decision to not
de-publish the Kha case, the department was then forced to return the medicine back to
Steffens.
Read more about the San Luis Obispo Sherriff's Department returning Steffens' property on
KSBY.com http://www.ksby.com/global/story.asp?s=8252953.
------------------------------------------------------------------------
Take Action Icon Take Action
------------------------------------------------------------------------
2. *This is Your Last Chance to Contact Your Assembly Member for
Employment Rights!
http://www.AmericansforSafeAccess.org/AB2279Action*
AB 2279, the Patients' Employments Rights Bill is up for a vote next week! Please take
action today to ensure that medical cannabis patients are protected from employment
discrimination. Contact your California Assembly Member now.! Visit
http://www.AmericansforSafeAccess.org/AB2279Action to protect patients' rights! For more
information on AB 2279 go to: http://www.AmericansforSafeAccess.org/AB2279
------------------------------------------------------------------------
Legal Tip of the Month Icon ASA' Legal Tip of the Month
------------------------------------------------------------------------
3. Cultivation with Multiple Recommendations: Part 2 of 2: The
Collective/Cooperative Mode
As a medical marijuana patient, you may only cultivate enough marijuana for your personal
medical use. The exception to this rule is if you serve as a caregiver for other
patients, or, alternatively, cultivate as part of a collective. While many patients
currently use the caregiver model, it may be more appropriate for them to cultivate
collectively.
According to Health and Safety Code § 11362.775, patients may associate collectively or
cooperatively to cultivate marijuana for medical purposes without state criminal
sanctions. There are many models for medical marijuana collectives, all of which
involve members contributing labor, funds, and/or materials, in exchange for a share of
the medicine. Unlike the caregiver model, collectives do not require members to
demonstrate that they provide for the non-marijuana health needs of other patients.
When forming a collective, all members should sign an agreement and provide their
physician's recommendations (see http://www.AmericansforSafeAccess.org/LegalFAQ-Civil4 for a
template). Post these documents near the collective cultivation site.
Under California law, each qualified patient may cultivate and possess at least 6 mature
or 12 immature plants, and 8 oz. of dried marijuana (or a greater threshold in some
localities). Therefore, a collective may cultivate and possess these amounts, multiplied
by the number of members.
Be aware that marijuana cultivation remains illegal under federal law and, since federal
statutory minimum sentences are triggered at 100 plants or 220 lbs. of medicine per
cultivation site, you are more likely to attract the attention of federal authorities if
you exceed these quantities.
------------------------------------------------------------------------
Take Action Icon Chapter and Affiliate Meetings
------------------------------------------------------------------------
4. Tuesday, May 6, Sacramento: Sacramento ASA Meeting
California's medical cannabis bills are moving forward! Come find out what you can do to
ensure better medical cannabis laws in California.
When: Tuesday the 6th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento
For more information, contact Lanette at: cannacare [at] earthlink.net
------------------------------------------------------------------------
5. Tuesday, May 12, San Diego: San Diego ASA Meeting
San Diego ASA has been very busy lately. Come to the San Diego ASA meeting where we will
be discussing the latest medical cannabis issues.
When: 7:00pm
Where: International Cannabis University
6070 Mt. Alifan Suite 202
San Diego, CA 92111, Clairemont
For more information, contact Dion at 4cccp [at] cox.net
------------------------------------------------------------------------
6. Tuesday, May 12, San Francisco: San Francisco ASA Meeting
Join San Francisco ASA as we organize to protect safe access in San Francisco! We will
discuss the latest in medical cannabis politics, laws, science and activism and follow up
on the city-wide Stand Up Newsom Campaign.
When: Tuesday, the 12th at 7:30pm
Where: Bowzer's Pizza, 371 11th St in San Francisco
For more info, contact Alex: aaafranco [at] yahoo.com
------------------------------------------------------------------------
7. Wednesday, May 13, Newport Beach: Orange County ASA Meeting
Safe access has been under attack in Orange County and we need your help us fight the war
on patients. Please come out and show your support at our monthly meeting! When: 7:00pm
Where: Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660
For more information contact: OCLawyer [at] aol.com.
------------------------------------------------------------------------
Government Icon City and County Hearings
------------------------------------------------------------------------
8. Tuesday, May 6, Redondo Beach: City Council to Discuss
Dispensary Ban
Redondo Beach City Council will consider a permanent ban on medical cannabis dispensaries
on May 6th. The city planning committee recently recommended a permanent ban on
dispensaries and the city council will discuss a potential ban. Please come out and show
your support for safe access!
Download ASA's talking points about dispensary regulations.
http://www.safeaccessnow.org/article.php?id=2717
When: May 6 at 6:30pm
Where: City Council Chambers, 415 Diamond Street
Redondo Beach, CA
For more information contact Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
9. Wednesday, May 7, San Francisco: Board of Appeals Hearing for
Re-leaf Center
Please come and support the medical cannabis dispensing collective, Re-leaf Center, at
their upcoming hearing. The collective is in the process of relocating and has a hearing
to determine whether they will be able to to remain open while continuing work towards
relocating to 9th and Mission. Re-leaf continues to act in good faith to move quickly in
the relocation process. Pleases come and show your support!
When: Wednesday, the 7th at 5:00 p.m.
Where: San Francisco City Hall http://www.sfgov.org/cityhall/map.htm, 1 Dr. Carlton B.
Goodlett Place, Room 41
For more information contact Sarah [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
Patients Rights Icon Court Support (can you tell i get my emails as text-only?)
------------------------------------------------------------------------
10. 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, Please call (619) 531-4420 for exact time information.
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 Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
11. Monday, May 5-May 15, Fresno: Trial for Luke Scarmazzo and
Ricardo Ruiz Montes
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 jail, all defendants have been released on bail
pending trial. Recently, Lucky Boissiere, Jose and Antonio Malagon, Monica Valencia,
Bradley Heinmiller, Bradley Wickliffe and Stephen DeMattos have pled guilty to avoid
trial, and two defendants (Scarmazzo and Montes) are in trial. For more info, see
Vanessa Nelson's article http://www.medicalmarijuanaofamerica.com/content/view/213/1/.
Please come out and show your support!
When: Monday, May 5-15* 9:00am-5:00pm
Where: Before Judge Oliver Wagner in U.S. District Court (E.D., CA)
2500 Tulare Street, Fresno, CA
*Excluding Fridays
For more information, contact Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
12. Tuesday, May 6, Sacramento: Status Hearing for Mike Lombardo
On September 13, 2007, the Nevada County Sheriffs called in the DEA and they jointly
raided the residence of 50-year old chronic pain sufferer Lombardo in Big Oak Valley,
confiscating a mere 65 plants, and charging him with cultivation w/ intent to sell. The
federal government is also proceeding with asset forfeiture.
When: May 6 at 9:30am
Where: Before Judge Lawrence K. Karlton
U.S. District Court (E.D., CA)
http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&addr=501+I+Street%2C+&csz=sacramento%2C+ca&country=us&Get%A0Map=Get+Map
15th Floor at 501 "I" Street in Sacramento.
For more information, contact Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
Marijuana Icon Special Events
------------------------------------------------------------------------
13. Saturday, May 3, Santa Rosa: Special Screenings of Waiting to
Inhale
Filmmakers Jed Riffe, Maureen Gosling, Kat Covell, and Vincente Franco will be showing
their final Bay Area screening of /Waiting to Inhale/ this weekend in Santa Rosa.
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
to 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.
Santa Rosa Fairgrounds: Saturday, May 3rd at 12:30pm- 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 Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
2 message-footer.txt [text/plain] 0.34 KB
____________________________________________________________
You received this message as a subscriber on the list:
asa-ca [at] lists.safeaccessnow.org
For all list information and functions, see:
http://lists.safeaccessnow.org/lists/info/asa-ca
------------------------------------------------------------------------
****Click here to Take Action to Ensure Patients' Employment Rights!****
http://www.AmericansforSafeAccess.org/AB2279Action
------------------------------------------------------------------------
*Weekly Round Up*
1. a. Berkeley Mayor Takes a Stand Against DEA Raids
b. Law Enforcement Non-Cooperation Act Passes Committee
c. DEA and LAPD Raid San Fernando Valley Collectives
d. California Healthcare Collective Defendants Take Plea Deals- Leaving Two to Go to
Trial
e. San Luis Obispo Sheriff's Department Returns Patient's Medicine
*Take Action*
2. *This is Your Last Chance to Contact Your Assembly Member for Employment Rights!
http://www.AmericansforSafeAccess.org/AB2279Action*
*ASA's Legal Tip of the Month
*3. Cultivation with Multiple Recommendations: Part 2 of 2: The Collective/Cooperative
Model*
*
*Chapter and Affiliate Meetings*
4. Tuesday, May 6, Sacramento: Sacramento ASA Meeting
5. Tuesday, May 12, San Diego: San Diego ASA Meeting
6. Tuesday, May 12, San Francisco: San Francisco ASA Meeting
7. Wednesday, May 13, Newport Beach: Orange County ASA Meeting
*City and County Hearings *
8. Tuesday, May 6, Redondo Beach: City Council to Consider Dispensary Ban
9. Wednesday, May 7, San Francisco: Board of Appeals Hearing for Re-leaf Center
*Court Support*
10. Friday, May 2, San Diego: Sentencing Hearing for Nathan Archer
11. Monday, May 5-May 15, Fresno: Trial for Luke Scarmazzo and Ricardo Ruiz Montes
12. Tuesday, May 6, Sacramento: Status Hearing for Mike Lombardo
*Special Events*
13. Saturday, May 3, Santa Rosa: Special Screenings of Waiting to Inhale
------------------------------------------------------------------------
California Icon Weekly Round Up
------------------------------------------------------------------------
1. a. Berkeley Mayor Takes a Stand for Patients and Caregivers
*From Becky DeKeuster, Berkeley Patients Group*
Berkeley Mayor Tom Bates this week joined Oakland's Ron Dellums and San Francisco's Gavin
Newsom in urging Representative John Conyers, Chairman of the House Judiciary Committee,
to hold Congressional oversight hearings into attempts by the Drug Enforcement
Administration (DEA) to undermine state and local medical marijuana laws. Bates' letter
references a unanimous City Council resolution on January 29, 2008 declaring Berkeley "a
sanctuary for medical marijuana patients, providers, and landlords," and mentions that
other cities have taken similar steps.
The letter calls Berkeley's three medical marijuana dispensaries "regulated, tax-paying
members of our community," and says they "maintain clean, safe properties and play an
active role in Berkeley's civic life." It then cites the DEA's "aggressive tactics" and
Berkeley's "strong opposition" to federal interference as reasons for swift hearings.
Since 2007, more than 50 dispensaries have been raided by federal agents and their assets
forfeited---including, in many cases, sales tax collections due to the state. In July
2007, landlords renting to dispensaries began receiving letters from the DEA, threatening
them with forfeiture and imprisonment. Many have chosen to evict, although no federal
action has been taken against a landlord since the letters went out.
In addition to Dellums, Newsom, and Bates, Mayor John Duran of West Hollywood and Mayor
Ryan Coonerty of Santa Cruz have also sent letters urging Conyers to set a date for
Congressional hearings.
Read about the Mayor's statement and letter in the Daily Californian
http://www.dailycal.org/article/101540/mayor_s_letter_calls_for_hearings_of_dea
For more information, contact: info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
b. Law Enforcement Non-Cooperation Act Passes Committee
On Tuesday, AB 2734, the law enforcement non-cooperation bill, passed out of the
California State Assembly's Committee on Public Safety. AB 2743, introduced by
Assebmlymember Lori Saldaña, would prohibit local and state law enforcement from
cooperating with the federal government in enforcement actions against medical cannabis
patients and/or providers. ASA has been working with MPP and several other medical
cannabis advocates to ensure that this bill passes through committee and moves forward
towards Assembly and Senate votes. The committee heard testimony from MPP's Aaron Smith,
raided collective operator Addison DeMoura, Deborah Pottle, a disabled former
corrections officer who received her medicine from DeMoura's collective, and Dr. Mollie
Fry and Dale Schafer, who are now facing 5 years in federal prison following a DEA raid
on their garden.
Passing out of the Committee on Public Safety is an important step towards barring local
California law enforcement from cooperating with the federal government on medical
cannabis enforcement. The bill is now headed to the California State Assembly's Committee
on Appropriations. Please look for upcoming news about this important piece of
legislation.
For more information on AB 2734, please visit http://www.AmericansforSafeAccess.org/AB2743
------------------------------------------------------------------------
c. DEA and LAPD Raid Valley Collectives
From California Director, Don Duncan
This week, Los Angeles Police Officers and DEA Agents raided several collectives in the
Los Angeles area. First, the operator at Ashmoon in the San Fernando Valley reported to
ASA that the LAPD raided his collective Monday night saying that his patients were "too
young." The next day, ASA received eye witness reports that there were three DEA raids
on Tuesday afternoon in Northridge, Studio City, and Sherman Oaks. Staff at the
collective in Northridge reported one arrest or detention. ASA has not heard reports from
the other locations. All of the raids this week were conducted at rapid speed, as to
avoid patient protests and media coverage. This new tactic is similar to last week's raid
on Herbal Nutrition Center and other raids which occurred earlier in the year.
If you have any additional information about these raids please send it to
Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
d. California Healthcare Collective Defendants Take Plea Deals-
Leaving Two to go to Trial
This week, California Healthcare Collective(CHC) defendants, Lucky Boissiere, followed by
brothers Jose and Antonio Malagon, and Monica Valencia took plea bargons Monday in
Federal Court- a day before their trial was scheduled to commence. The Malagon brothers
plead guilty to conspiring to manufacture and distribute marijuana. Their sentencing
hearing is scheduled for July 14th. Boissiere plead guilty to to possession with the
intent to distribute marijuana. His sentencing hearing is scheduled for July 27th.
Valencia plead guilt to possession with intent to distribute marijuana and will be
sentenced on August 18th. 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.
According to the Modesto Bee article ,
Boissiere, along with other CHC employess who took plea bargons in January and October
are on the government's witness list and will be testifying against the remaining CHC
defendants, Ricardo Ruiz Montes and Luke Scarmazzo who, if convicted could face up to 20
years in federal prison. See below in the Court Support section for Montes' and
Scarmazzo's trial dates.
Read more about the California Healthcare Collective defendants' cases in Vanessa
Nelson's article. http://www.medicalmarijuanaofamerica.com/content/view/211/
------------------------------------------------------------------------
e. San Luis Obispo Sheriff's Department Returns Patient's Medicine
This week a San Luis Obispo medical cannabis patient received his glass pipe and small
amount of medicine back from local law enforcement. The patient, Craig Steffens, filed a
return of property request following the confiscation of his medicine by a local police
officer in October. The Sheriff's Department returned the property after being threatened
with contempt of court.
The Sheriff's department put a hold on returning the property pending the /Garden Grove
v. Superior Court /appellate decision. ASA's landmark litigation establishes patients'
right to the return of wrongfully seized medical cannabis was affirmed by the California
Supreme Court on March 19. Following the California Supreme Court's decision to not
de-publish the Kha case, the department was then forced to return the medicine back to
Steffens.
Read more about the San Luis Obispo Sherriff's Department returning Steffens' property on
KSBY.com http://www.ksby.com/global/story.asp?s=8252953.
------------------------------------------------------------------------
Take Action Icon Take Action
------------------------------------------------------------------------
2. *This is Your Last Chance to Contact Your Assembly Member for
Employment Rights!
http://www.AmericansforSafeAccess.org/AB2279Action*
AB 2279, the Patients' Employments Rights Bill is up for a vote next week! Please take
action today to ensure that medical cannabis patients are protected from employment
discrimination. Contact your California Assembly Member now.! Visit
http://www.AmericansforSafeAccess.org/AB2279Action to protect patients' rights! For more
information on AB 2279 go to: http://www.AmericansforSafeAccess.org/AB2279
------------------------------------------------------------------------
Legal Tip of the Month Icon ASA' Legal Tip of the Month
------------------------------------------------------------------------
3. Cultivation with Multiple Recommendations: Part 2 of 2: The
Collective/Cooperative Mode
As a medical marijuana patient, you may only cultivate enough marijuana for your personal
medical use. The exception to this rule is if you serve as a caregiver for other
patients, or, alternatively, cultivate as part of a collective. While many patients
currently use the caregiver model, it may be more appropriate for them to cultivate
collectively.
According to Health and Safety Code § 11362.775, patients may associate collectively or
cooperatively to cultivate marijuana for medical purposes without state criminal
sanctions. There are many models for medical marijuana collectives, all of which
involve members contributing labor, funds, and/or materials, in exchange for a share of
the medicine. Unlike the caregiver model, collectives do not require members to
demonstrate that they provide for the non-marijuana health needs of other patients.
When forming a collective, all members should sign an agreement and provide their
physician's recommendations (see http://www.AmericansforSafeAccess.org/LegalFAQ-Civil4 for a
template). Post these documents near the collective cultivation site.
Under California law, each qualified patient may cultivate and possess at least 6 mature
or 12 immature plants, and 8 oz. of dried marijuana (or a greater threshold in some
localities). Therefore, a collective may cultivate and possess these amounts, multiplied
by the number of members.
Be aware that marijuana cultivation remains illegal under federal law and, since federal
statutory minimum sentences are triggered at 100 plants or 220 lbs. of medicine per
cultivation site, you are more likely to attract the attention of federal authorities if
you exceed these quantities.
------------------------------------------------------------------------
Take Action Icon Chapter and Affiliate Meetings
------------------------------------------------------------------------
4. Tuesday, May 6, Sacramento: Sacramento ASA Meeting
California's medical cannabis bills are moving forward! Come find out what you can do to
ensure better medical cannabis laws in California.
When: Tuesday the 6th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento
For more information, contact Lanette at: cannacare [at] earthlink.net
------------------------------------------------------------------------
5. Tuesday, May 12, San Diego: San Diego ASA Meeting
San Diego ASA has been very busy lately. Come to the San Diego ASA meeting where we will
be discussing the latest medical cannabis issues.
When: 7:00pm
Where: International Cannabis University
6070 Mt. Alifan Suite 202
San Diego, CA 92111, Clairemont
For more information, contact Dion at 4cccp [at] cox.net
------------------------------------------------------------------------
6. Tuesday, May 12, San Francisco: San Francisco ASA Meeting
Join San Francisco ASA as we organize to protect safe access in San Francisco! We will
discuss the latest in medical cannabis politics, laws, science and activism and follow up
on the city-wide Stand Up Newsom Campaign.
When: Tuesday, the 12th at 7:30pm
Where: Bowzer's Pizza, 371 11th St in San Francisco
For more info, contact Alex: aaafranco [at] yahoo.com
------------------------------------------------------------------------
7. Wednesday, May 13, Newport Beach: Orange County ASA Meeting
Safe access has been under attack in Orange County and we need your help us fight the war
on patients. Please come out and show your support at our monthly meeting! When: 7:00pm
Where: Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660
For more information contact: OCLawyer [at] aol.com.
------------------------------------------------------------------------
Government Icon City and County Hearings
------------------------------------------------------------------------
8. Tuesday, May 6, Redondo Beach: City Council to Discuss
Dispensary Ban
Redondo Beach City Council will consider a permanent ban on medical cannabis dispensaries
on May 6th. The city planning committee recently recommended a permanent ban on
dispensaries and the city council will discuss a potential ban. Please come out and show
your support for safe access!
Download ASA's talking points about dispensary regulations.
http://www.safeaccessnow.org/article.php?id=2717
When: May 6 at 6:30pm
Where: City Council Chambers, 415 Diamond Street
Redondo Beach, CA
For more information contact Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
9. Wednesday, May 7, San Francisco: Board of Appeals Hearing for
Re-leaf Center
Please come and support the medical cannabis dispensing collective, Re-leaf Center, at
their upcoming hearing. The collective is in the process of relocating and has a hearing
to determine whether they will be able to to remain open while continuing work towards
relocating to 9th and Mission. Re-leaf continues to act in good faith to move quickly in
the relocation process. Pleases come and show your support!
When: Wednesday, the 7th at 5:00 p.m.
Where: San Francisco City Hall http://www.sfgov.org/cityhall/map.htm, 1 Dr. Carlton B.
Goodlett Place, Room 41
For more information contact Sarah [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
Patients Rights Icon Court Support (can you tell i get my emails as text-only?)
------------------------------------------------------------------------
10. 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, Please call (619) 531-4420 for exact time information.
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 Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
11. Monday, May 5-May 15, Fresno: Trial for Luke Scarmazzo and
Ricardo Ruiz Montes
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 jail, all defendants have been released on bail
pending trial. Recently, Lucky Boissiere, Jose and Antonio Malagon, Monica Valencia,
Bradley Heinmiller, Bradley Wickliffe and Stephen DeMattos have pled guilty to avoid
trial, and two defendants (Scarmazzo and Montes) are in trial. For more info, see
Vanessa Nelson's article http://www.medicalmarijuanaofamerica.com/content/view/213/1/.
Please come out and show your support!
When: Monday, May 5-15* 9:00am-5:00pm
Where: Before Judge Oliver Wagner in U.S. District Court (E.D., CA)
2500 Tulare Street, Fresno, CA
*Excluding Fridays
For more information, contact Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
12. Tuesday, May 6, Sacramento: Status Hearing for Mike Lombardo
On September 13, 2007, the Nevada County Sheriffs called in the DEA and they jointly
raided the residence of 50-year old chronic pain sufferer Lombardo in Big Oak Valley,
confiscating a mere 65 plants, and charging him with cultivation w/ intent to sell. The
federal government is also proceeding with asset forfeiture.
When: May 6 at 9:30am
Where: Before Judge Lawrence K. Karlton
U.S. District Court (E.D., CA)
http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&addr=501+I+Street%2C+&csz=sacramento%2C+ca&country=us&Get%A0Map=Get+Map
15th Floor at 501 "I" Street in Sacramento.
For more information, contact Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
Marijuana Icon Special Events
------------------------------------------------------------------------
13. Saturday, May 3, Santa Rosa: Special Screenings of Waiting to
Inhale
Filmmakers Jed Riffe, Maureen Gosling, Kat Covell, and Vincente Franco will be showing
their final Bay Area screening of /Waiting to Inhale/ this weekend in Santa Rosa.
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
to 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.
Santa Rosa Fairgrounds: Saturday, May 3rd at 12:30pm- 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 Info [at] AmericansforSafeAccess.org
------------------------------------------------------------------------
2 message-footer.txt [text/plain] 0.34 KB
____________________________________________________________
You received this message as a subscriber on the list:
asa-ca [at] lists.safeaccessnow.org
For all list information and functions, see:
http://lists.safeaccessnow.org/lists/info/asa-ca
Add Your Comments
We are 100% volunteer and depend on your participation to sustain our efforts!
Donate
$180.00 donated
in the past month
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network