ASA CA Weekly Alert 3-21-08‏

topic posted Sat, March 22, 2008 - 1:34 AM by  offlineKaya
Weekly Round Up
1. a. California Supreme Court Affirms ASA Win in Return of Property Case!
b. ASA, Operators, and Advocates Call on State to Protect Tax Revenue
c. DEA Raids 5 Los Angeles Dispensaries
d. Dr. Molly Fry and Dale Schafer Sentenced to 5 Years in Prison
e. Local Updates: Santa Barbara Approves Dispensary Ordinance and Sacramento Votes Against ID Cards


Chapter and Affiliate Meetings
2. Tuesday, March 25, San Francisco: San Francisco ASA Meeting
3. Wednesday, March 26, Oakland: East Bay ASA Meeting
4. Tuesday, April 1, Sacramento: Sacramento ASA Meeting
5. Thursday, April 3, Santa Rosa: Sonoma County ASA Meeting

Court Support
6. Wednesday, March 26, Oakland: General Appearance for Tainted Inc. Employees
7. Thursday, April 3, Sacramento: Change of Counsel Motion Hearing for David Davidson


Special Events
8. Tuesday, March 25, Los Angele: Rally at the Federal Building to Protest the DEA Raids
9. Friday and Saturday, April 4-5, 2008: Patients Out of Time Fifth National Conference


--------------------------------------------------------------------------------

Weekly Round Up




--------------------------------------------------------------------------------

1. a. California Supreme Court Affirms ASA Win in Return of Property Case
b. ASA, Operators, and Advocates Call on State to Protect Tax Revenue
c. DEA Raids 5 Los Angeles Dispensaries
d. Dr. Molly Fry and Dale Schafer Sentenced to 5 Years in Prison
e. Local Updates: Santa Barbara Approves Dispensary Ordinance and Sacramento Votes Against ID Cards


a. California Supreme Court Affirms ASA Win in Return of Property Case
From California Campaign Director, Don Duncan


On Wednesday, the California Supreme Court declined to review or "de-publish" the landmark ruling in City of Garden Grove v. Superior Court of Orange County (Felix Kha case) that upheld the right to return of wrongfully confiscated medical cannabis, despite federal law! The decision in Felix Kha's case was a huge victory for patients, but we feared the worst after the City of Corona asked the Supreme Court to review the case. The Court might have "de-published" the case, making it impossible to cite as a precedent in other litigation. Today's ruling was an about-face from the Supreme Court's unconscionable ruling allowing employment discrimination against legal patients in Ross v. Raginwire Telecommunications.

Now that the Felix Kha decision has been vindicated, patients and caregivers can challenge the wrongful confiscation of medicine in any court in the state. This will leave local law enforcement with a tough choice - obey California law or face a torrent of litigation under this decision. No longer can they hide behind the illusion of enforcing federal law. We have been waiting a long time for a ruling that would put some teeth in Proposition 215. This is a big incisor!

ASA spent years identifying this test case, preparing for the fight, and arguing in court. That is the kind of long-term, big picture thinking it is going to take to break the culture of resistance among some California police officers. This summer, ASA will beef up its return of property campaign to be sure every patient and caregiver in the state enjoys the full benefit of this precedent. Have a look at ASA Staff Counsel Joe Elford's blog on this topic at www.AmericansForSafeAccess.org/blog/

b. ASA, Operators, and Advocates Call on State to Protect Tax Revenue


On Tuesday, advocates and dispensary operators from throughout the state met up in Sacramento to testify at the Board of Equalization's hearing to help protect safe access and sales tax. The group met with the Board to encourage them to protect an important source of revenue - $100 million in sales tax collected annually by medical marijuana dispensaries.


ASA's Chief of Staff, Rebecca Saltzman testified first saying that dispensaries' tax revenue is in danger, due to increased federal interference in the state medical marijuana program. In 2007 alone, the DEA raided more than 50 medical marijuana providers, and they embarked on a new strategy, sending more than 300 letters to landlords of dispensaries, threatening property owners with criminal prosecution and asset forfeiture. She also mentioned House Judiciary Committee Chairman Conyers' intent to hold the DEA accountable for their actions against patients in future oversight hearings. Read Saltzman's report on the hearing on ASA's blog.


Following Rebecca Saltzman was Californial NORML's Dale Geiringer who broke down the numbers for the BOE, focusing on the amount of tax revenue dispensaries produce. He also discussed the problem of the DEA seizing assets from dispensaries.


Geiringer was followed by several dispensary operators and former operators from Berekeley, Los Angeles, Sacramento, San Francisco, Santa Cruz, and Sonoma who explained the DEA threats they have been forced to face. Read more in Rebecca Saltzman's blog about the hearing.



c. DEA Raids 5 Los Angeles Dispensaries


On Thursday, the DEA raided 6 dispensaries and the private residence of an operator in Los Angeles. All of the dispensaries are from a single family of collectives. The collectives raided were:

The Holistic Caregivers, Compton
Western Caregivers Group, LA
Crenshaw Holistic Caregivers Group, LA
THC Gardena, Gardena
Southern California Caregivers Group, LA (SFV)
Med Ex, LA

No arrests were made and the collectives, which took only minor losses due to careful precautions, are expected to reopen today. During one of the raids, acitivists at the site protesting over heard one of the DEA officers tell the others that "the alert has gone out" and "they're on the way." This further shows that ASA's Raid Response Emergency Text Messaging system is working! Sign up for ASA's Emergency Response Text Messaging System to receive instant alerts about raids in your area. Visit www.AmericansforSafeAccess.org/RaidAlert

Look for an announcement over the next few days about LA ASA's response to the raids at Los Angeles City Hall and the downtown Federal Building on Tuesday morning.

d. Dr. Molly Fry and Dale Schafer Sentenced to 5 Years in Prison

Federal Judge Frank C. Damrell sentenced Dr. Molly Fry and her husband, Dale Schafer to five years in prison for "conspiracy to grow marijuana and manufacturing it in a medicinal marijuana case." During the four hour sentencing hearing, Judge Damrell said he had no choice but to issue the statutory minimum of five years in federal prison with an option to appeal the decision. The couple has posted bail at $25,000 per person as they await appeal.


On September 28, 2001, the DEA raided the Cool, California (El Dorado County) clinic of medical marijuana physician and breast cancer patient Mollie Fry and her husband, attorney and hemophilia and chronic pain patient Dale Schafer, and seized patient records. Almost immediately after the Raich decision, on June 22, 2005, Fry and Schafer were arrested and indicted for marijuana found on the premises during the raid. In 2002, the federal government also successfully revoked Fry's DEA license to practice medicine.


In order to convince the jury to convict on charges of cultivation of more than 100 plants, the U.S. Attorney took the unusual and controversial step of aggregating the plants in gardens from three different years. Additionally, Judge Damrell did not allow them to explain to the jury that the El Dorado County Sheriffs and District Attorney had previously given them active permission to grow their relatively modest garden.


Fry & Schafer are currently caring for three beautiful children and two grandchildren in their home.


Read more about the hearing in the Sacramento Bee.


e. Local Updates: Santa Barbara Approves Dispensary Ordinance and Sacramento Votes Against ID Cards


This week, the Santa Barbara City Council unanimously voted to approve a citywide dispensary ordinance. The vote came after a 6-month moratorium which began last summer. The Santa Barbara ASA chapter has been diligently working to urge the city council to develop and implement a dispensary ordinance for over a year. Santa Barbara has seven dispensaries. Under the new regulations, only one dispensary will be in full compliance. The city council foresaw this problem and placed an addendum to the ordinance allowing the current dispensaries three years to fall into compliance with the new ordinance.


While the Santa Barbara City Council was voting for new regulations to protect safe access for patients, the Sacramento County Board of Supervisors voted against implementing the state medical cannabis ID card program. The County Board of Supervisors voted 3-2 against the program. Many patients testified at the hearing asking the board to adopt the program, but the board refused. The Sacramento County Sheriff's Department and District Attorney testified against the program citing concern that the program would encourage marijuana use.


Thank you to Sacramento ASA chapter, Aaron Smith from the Marijuana Policy Project, and all of the other medical cannabis advocates who have been working for months to urge the Board of Supervisors to adopt the program.


To read more about Santa Barbara and Sacramento read the Santa Barbara Independent Article and the Sacramento Bee Article.




--------------------------------------------------------------------------------

Chapter and Affiliate Meetings



--------------------------------------------------------------------------------
2. Tuesday, March 25, San Francisco: San Francisco ASA Meeting

Join SF ASA on March 25. We will discuss the latest in medical cannabis politics, laws, science and activism. Also, we will be planning for the 6th annual Highway 420 party and other exciting upcoming events!

When: 7:30-9:00pm
Where: Bowers Pizza on 11th street in SF

For more information, contact: aaaFranco@yahoo.com


--------------------------------------------------------------------------------
3. Wednesday, March 26, Oakland: East Bay ASA Meeting

Join the East Bay ASA Chapter as we continue to fight for safe access in California. We are excited to have California Director, Don Duncan, joining us at our East Bay meeting to give us the latest updates on California's campaigns. We will be also discussing upcoming court dates, a recap on the civil disobedience training, and national updates.

When: 7:00pm
Where: ASA Headquarters
1322 Webster St. Suite 402 (just 2 blocks from 12th St. BART!)
Oakland, CA

For more information contact: Rebecca@AmericansforSafeAccess.org


--------------------------------------------------------------------------------
4. Tuesday, April 1, Sacramento: Sacramento ASA Meeting

There are several medical marijuana activities over the next month. Please come and find out how you can get involved. We will be discussing current state campaigns, reaching out to condition-based groups, and many more events on the horizon.

When: Tuesday the 19th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento

For more information, contact Lanette: CannaCare@earthlink.net

--------------------------------------------------------------------------------
5. Thursday, April 3, Santa Rosa: Sonoma County ASA Meeting

Please join Sonoma County ASA as we discuss pressing local, state, and federal safe access issues.

When: Thursday, April 3, 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@AmericansforSafeAccess.org






--------------------------------------------------------------------------------
Court Support

--------------------------------------------------------------------------------
Thank you to Vanessa Nelson for helping ASA stay on top of upcoming court dates!

--------------------------------------------------------------------------------
6. Wednesday, March 26, Oakland: General Appearance for Tainted Inc. Employees

Please come out and show your support for the four former Tainted Inc. employees. On September 26, 2007, the DEA raided five locations in Oakland and San Leandro, allegedly confiscating hundreds of edibles and 460 plants, and arresting Jessica Sanders (30), Michael Anderson (42), and Diallo McLinn (35). After a press conference on October 4, Michael Martin (33), who had been on vacation during the raid, voluntarily turned himself in. All four are charged with conspiracy to manufacture or distribute controlled substances and are out on bail. Tainted Edibles were available for patients as an alternative to smoking at dispensing collectives across the state.

When: Mar 26, 2008 from 2:30 pm to 3:30 pm
Where: 1301 Clay St., Oakland CA (Judge Wilken's
Courtroom)

For more information contact: freetainted@yahoo.com


--------------------------------------------------------------------------------
7. Thursday, April 3, Sacramento: Change of Counsel Motion Hearing for David Davidson

Medical marijuana patients David Davidson & Cynthia Blake were raided in 2003 by Tehama County Sheriffs and were arrested on federal charges in January 2004. Blake took a plea deal in 2007 in which she received an 18-month sentence in exchange for cooperation. Davidson is now facing manufacturing and conspiracy to manufacture more than 1,000 plants and is currently incarcerated in Sacramento, with Tony Serra as his representation.

When: April 3rd at 9am
Where: Before Judge Morrison England, Jr
U.S. District Court (E.D., CA),
Courtroom 3, 15th Floor at 501 "I" Street in Sacramento

For more information, contact Sonnet@AmericansforSafeAccess.org


--------------------------------------------------------------------------------
Special Events
--------------------------------------------------------------------------------
8. Tuesday, March 25, Los Angele: Rally at the Federal Building to Protest the DEA Raids

The DEA raided six medical cannabis dispensing collectives and one private residence in the Los Angeles area yesterday, the latest attack on patients’ access in a continued campaign of federal interference and intimidation. We need a show of support for the victims and opposition to the DEA. Join advocates at the Los Angeles Federal Building downtown on Tuesday morning to make your voice heard!

What: Medical Cannabis Protest at the Federal Building

When: 11:00 AM * Tuesday, March 25, 2008

Where: The Federal Building (and DEA offices) * 255 W. Temple St., Downtown Los Angeles

Bring signs and banners! Invite your friends! Take a stand for safe access! Details to follow this weekend.

For more information contact Don@AmericansforSafeAccess.org


--------------------------------------------------------------------------------

9. Friday and Saturday, April 4-5, 2008: Patients Out of Time Fifth National Conference

Question: Have you registered for the Patients Out of Time national conference yet? If not, please register today!

Save the date for the Fifth National Patients Out of Time conference for April 4th and 5th. For more information and to register visit www.MedicalCannabis.com/registration

The Patient Out of Time Conference will feature patients, activists, doctors, and researchers gathering to discuss the latest research on medical marijuana. This important conference only happens once every other year, so if you are a patient, doctor, researcher, and/or supporter, we strongly encourage you to look into attending the conference, which will be held at Asilomar Conference Center in Pacific Grove on the Monterey Peninsula.
--

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
posted by:
Kaya
Los Angeles