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ASA California Weekly Alert: July 6, 2007
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Weekly Round Up
1. Yolo County Implements ID Card Program; Back Sales Tax Relief Voted
Down; Colorado Achieves Major Medical Cannabis Court Victory
ASA Legal Tip of the Month
2. Child Protective Services (CPS) & Medical Marijuana
ASA Chapter and Affiliate Meetings
3. Sunday, July 8, Birds Landing: Solano Patients' Group Meeting
4. Tuesday, July 10, Sacramento: Sacramento ASA Meeting ***Rescheduled***
5. Tuesday, July 10, San Francisco: San Francisco ASA Meeting
6. Wednesday, July 11, Willits: Mendocino ASA Meeting
7. Wednesday, July 11, Newport Beach: Orange County ASA Meeting
***Rescheduled***
8. Thursday, July 12, Lakeport: Lake County ASA Meeting ***Location
Change***
City and County Hearings
9. Monday, July 9, Yucaipa: City Council to Vote on Extending Moratorium
on Dispensaries
10. Thursday, July 12, San Francisco: Planning Commission to Hear Two
Dispensary Building Permit Applications
11. Tuesday, July 17th, Santa Ana: Orange County Board of Supervisors
to Vote on ID Card Program
Court Support
12. Monday, July 9, Placerville: Don Kearney State Trial Begins
13. Monday, July 9, Sacramento: Federal Pre-trial Hearing for Thunder
Rector
14. Tuesday, July 10, Burbank: Return of Property Hearing for Peter Keyes
15. Thursday, July 12, San Francisco: *Motion to Dismiss Hearing for
ASA's DQA Lawsuit*
16. Friday, July 13, Sacramento: Federal Pre-trial Hearing for Dr.
Mollie Fry & Dale Schafer
Special Events
17. Saturday, July 9, Nevada City: Memorial for Dr. Tod Mikuriya
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Weekly Round-Up
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1. Yolo County Implements ID Card Program; Back Sales Tax Relief Voted
Down; Colorado Achieves Major Medical Cannabis Court Victory
Yolo County Implements ID Card Program
This week, the Yolo County Health Department launched the state medical
marijuana ID card program. The County Health Department will be holding
medical cannabis ID card appointments on Wednesdays and is offering a
reduced rate for Medi-Cal patients.
The Yolo County Board of Supervisors passed the state ID card program
back in February. The motion passed with a tight margin of 3-2.
According to the California Aggie
<http://media.www.californiaaggie.com/media/storage/paper981/news/2007/03/08/CityNews/Medical.Marijuana.Id.Program.Approved.For.Yolo.Cou nty-2764585.shtml>,
the dissenting voters voiced concern about the inconsistencies with
federal law.
Patients can sign up for an appointment to go over documents and
applications Monday through Friday 8:00am-5:00pm. For information,
applications and to make an appointment call Patty at 530.666.8638 or
JoAnne at 530.666.8674 at the Yolo County Department of Health.
Back Sales Tax Relief Put on Hold
On Monday, July 2, the California Assembly Committee on Revenue and
Taxation heard a bill that if passed will provide sales tax relief to
some of the state's oldest medical cannabis collectives. ASA staff
person, Kris Hermes testified at the hearing along with other medical
cannabis advocates.
As many of you may remember, the bill, SB 529, would allow collectives
to begin paying sales tax by March, 2008 and would relieve them of back
tax liability and penalties. This bill would encourage widespread
compliance with the sales tax law and help keep the doors open at
collectives facing back tax payment. To read more about SB 529 and ASA's
efforts, click here. <http://www.safeaccessnow.org/article.php?id=4824>
At the Committee hearing the Chair, Assemblyman Calderon, put the bill
in temporary suspension until further notice. During the hearing, even
when encouraged to speak up, no one from the public voiced opposition.
Even though the suspension has the potential to delay back tax relief
for dispensaries, the Board of Equalization, Sen. Migden, the author of
the bill, and ASA are working to pull the bill out of suspension and
pass it out of committee. Medical cannabis activists throughout the
state of California are also working hard to ensure passage of the bill.
ASA would like to thank all activists who called committee members last
week to urge support for the bill. Stay tuned for opportunities to take
action in the coming weeks. Thank you for your hard work and support!
Colorado Achieves Major Medical Cannabis Court Victory
This week the Colorado Campaign for Safe Access (CCSA), a project of ASA
and Sensible Colorado, scored a major victory in the medical cannabis
movement. CCSA's legal team convinced Senior Denver District Judge
Larry Naves to overturn a harmful and arbitrary state policy that
limited the number of patients a caregiver can provide marijuana to.
Judge Naves issued a preliminary injunction suspending the Colorado
Health Department's five patient policy, which was adopted by the Health
Department in a closed meeting in 2004. This policy limits the number of
patients to which a caregiver can provide marijuana for medical purposes.
Judge Naves decision immediately suspended the policy statewide,
stopping the state from limiting a patient's choice of caregiver.
Specifically, the decision will allow plaintiff Damien LaGoy, a Colorado
licensed medical marijuana patient, to appoint the medical marijuana
provider of his choice. LaGoy, who uses medical marijuana to cope with
nausea related to AIDS wasting-syndrome and Hepatitis C, had his
caregiver request denied by the State Health Department in May 2007.
This historic victory has the potential to impact medical cannabis
states. Congratulations to the Colorado Campaign for Safe Access and
Coloradoan medical cannabis patients and caregivers. Please vist
www.safeaccesscolorado.org for more information on the CCSA.
To read more about this important victory, click here.
<http://www.denverpost.com/search/ci_6297872>
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ASA Legal Tip of the Month
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2. Child Protective Services (CPS) & Medical Marijuana
Sadly, being a parent who is a law-abiding medical marijuana patient can
be a scary thing. Across the state, CPS agencies enter the homes of
qualified California medical marijuana patients, remove their children,
and require the parents to take unnecessary drug therapy courses solely
based on their status as medical marijuana patients.
ASA takes this issue very seriously, and is working on strategies to
better protect medical cannabis patient-parents. In the meantime, here
are some precautions that patients might take to demonstrate to CPS that
their use of medical cannabis has not affected their ability to be good
parents.
* Keep all medical cannabis out of plain sight, ideally in clearly
labeled medicinal jars and with other prescription medications, in
a place that small children cannot access. If you choose to
cultivate, secure the garden in a locked room or devise another
way to deny access to children.
* If you cook with medical cannabis, clearly label any resultant
food products as medicinal, and keep them similarly far away from
any children's food.
* Use discretion when medicating, and do not do so when children are
present or in the view of persons who might be looking for a
reason to report you to CPS.
* If your children can understand, specifically explain to them that
the marijuana is your medicine and that is not for them (much like
any other prescription medications). Furthermore, let them know
that it is a private matter, like any other medical information.
* In a dual-parent household, work out a routine with your partner
where one parent is always unmedicated in case any unexpected
issues arise.
* Never drive with your children in the car after medicating.
* You have no reason to inform CPS that you are a medical cannabis
patient, unless directly asked. Do not volunteer such information
without cause.
For more legal tips, vist
www.AmericansForSafeAccess.org/LegalTips
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ASA Chapter and Affiliate Meetings
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3. Sunday, July 8, Birds Landing: Solano Patient's Group Meeting
Please join Solano Patients' Group as we discuss upcoming medical
cannabis issues in Solano County. Fight for safe access in Solano
County! All medical cannabis supporters are welcome!
When: Sunday, July 8th @ 3:00 pm
Where: 2145 Collinsville Road in Birds Landing
For more info, call (707) 635-3752
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4. Tuesday, July 10, Sacramento: Sacramento ASA Meeting ***Rescheduled***
Sacramento ASA has several events planned for the next month and wants
you to be a part of them! This month Sac ASA will be working on the
Sacramento ID card program. Sac ASA will be organizing events to
promote medical cannabis awareness, such as participating in an elected
official's town hall meeting. Please join Sac ASA in the fight for safe
access!
When: July 10 @ 7:00pm
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento, CA
For more information or to get involved, please contact Lanette:
cannacare@earthlink.net <mailto:cannacare@earthlink.net>
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5. Tuesday, July 10, San Francisco: San Francisco ASA Meeting
San Francisco ID program, dispensaries being up for permit hearings, SF
Planning Committee holding hearings for amendments to SF's dispensary
ordinance, upcoming festivals and events. These are just a few of the
many issues San Francisco ASA has been working on and we want you to be
a part of it! Please come to SF ASA's next meeting.
The next ASA SF meeting will be held on Tuesday July 10th 7:30 to 9:00 at:
Bowzer's Pizza (Note the new location)
371 11th St
San Francisco , CA 94103
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6. Wednesday, July 11, Willits: Mendocino ASA Meeting
Our next meeting of the Mendocino County ASA Chapter will be at Herban
Legends, 18300 Old Coast Hwy, Fort Bragg, CA on July 11, Wednesday, at
6:00.
There has been a group working on the Willits dispensary ordinance.
Please come to the meeting and let us know about the developments. New
to the Mendocino chapter? Come and get involved in this important fight
for safe access.
For more information, call Ukiah: 707-684-0107
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7. Wednesday, July 11, Newport Beach: Orange County ASA Meeting
***Rescheduled***
The Orange County Board of Supervisors plan on discussing an OC ID card
program on July 17th. We have rescheduled our July OC ASA meeting to
plan and prepare for this hearing! Please join us in working to ensure
safe access for patients! The more people we have attending this
meeting and the hearing, the stronger our voice!
When: July 11th @ 7:00pm
Where: Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660
For more information, contact Bill:
OCLawyer@aol.com
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8. Thursday, July 12, Lakeport: Lake County ASA Meeting ***Location
Change***
Safe Access in Lake County has been under attack! Please come to our
July Lakeport meeting to plan for upcoming medical cannabis events and
activism. This meeting we will be discussing Lakeport City Council's
response to the inquiry into litigation on the cultivation ban. Please
join us!
When: Thursday, July 12, at 6:00pm
Where: Clover Hydrophonics, 2626 South Main St. in Lakeport
(behind the Fast Stop shoppett at Hopland Grade)
For more information, contact Donna:
LakeCoASA@msn.com
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City and County Hearings
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9. Monday, July 9, Yucaipa: City Council to Vote Extend Moratorium on
Dispensaries
Yucaipa City Council will Vote on extending the current medical cannabis
dispensary temporary ban for another 10 months and 15 days. Please speak
out at the hearing and explain to the council how important safe access
is to you!
When: July 9th @ 6:00pm
Where: City Council Chambers, City Hall
34272 Yucaipa Blvd, Yucaipa, CA
Download ASA talking points
<http://www.safeaccessnow.org/article.php?id=2717> on dispensary
regulations, moratoriums and bans.
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10. Thursday, July 12, San Francisco: Planning Commission to Hear Two
Dispensary Building Permit Applications
On Thursday, June 28th the San Francisco Planning Commission will be
holding a hearing to discuss the issuance of medical cannabis
dispensaries Grass Roots and Medical Cannabis Center building permit
application. The commission's preliminary recommendation for Grass
Roots dispensary is to not take Discretionary Review and approve the
project as submitted. The commission's preliminary recommendation for
the Medical Cannabis Center is to take Discretionary Review and
disapprove the project.
The Planning Commission will also hear an amendment to the medical
cannabis dispensary planning code to require the Director of Public
Health to certify that applicanats for Medical Cannabis Dispensary
permits have not been convicted of certain felony offenses.
We need you to come out an show your support for safe and legal access
in San Francisco!
Thursday, July 12th at 1:00pm
San Francisco Planning Commission
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
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11. Tuesday, July 17th, Santa Ana: Orange County Board of Supervisors
to Vote on ID Card Program
On July 17th, the Orange County Board of Supervisors will be voting on
an ID card program. On April 17th, in a 4-1 vote, the Orange County
Board of Supervisors directed staff to draft a policy for local
implementation of the medical marijuana ID card program.
Because of enormous grassroots pressure, an all-Republican Board of
Supervisors voted to take this small step towards implementing our
medical cannabis laws, even in the face of fierce opposition from law
enforcement. Please come out and once more show your support for safe
access to medical cannabis.
When: July 17th at 9:30am
Where: Board Hearing Room, First Floor,
333 W. Santa Ana Blvd., Santa Ana
For more information, contact Bill:
oclawyer@aol.com
If you live in Orange County, take action and click here
<http://www.safeaccessnow.org/OCIDcardaction>!
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Court Support
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12. Monday, July 9, Placerville: Don Kearney State Trial Begins
On July 13, 2005, El Dorado County Sheriffs raided a 48-plus patient
collective cultivation site and arrested chronic pain and glaucoma
patient and disabled U.S. veteran Don Kearney for allegedly cultivating
and possessing with intent to sell 974 plants & 28.5g of medicine. The
District Attorney has refused to dismiss the case and intends to try
him. Additionally, the federal government is proceeding with asset
forfeiture on Don's house. Please come out to Don's trial to show the
jury that he is part of our community and we stand behind him.
In the past, Don Kearney's trial dates have changed at the last minute,
so please be sure to call the courthouse the day before the trial date
to confirm that it is on, (530) 621-6426.
For a map to the courthouse:
http://eldocourtweb.eldoradocourt.or..._map_main.html.
When: July 9th @ 8:30am before Judge James Wagoner
Where: El Dorado County Superior Court, 2nd Floor, 495 Main Street,
Placerville, CA
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13. Monday, July 9, Fresno: Federal Pre-trial Hearing for Thunder Rector
Modesto patient and caregiver Thunder Rector was arrested on July 18,
2005, as a result of a raid by the Stanislaus County Sheriff earlier in
July. Allegedly, the Sheriff confiscated 49 plants and 235 pounds of
marijuana and handed it over to the feds. Rector is now being prosecuted
on federal charges of conspiracy and manufacturing marijuana with intent
to distribute. Rector and his wife had been providing medical marijuana
to patients at the San Francisco Dispensary the Divinity Tree. Rector is
released on bail pending trial.
When: July 9th starting at 1:30pm before Oliver W. Wanger in U.S.
District Court
Where: 2500 Tulare Street, Fresno, CA
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14. Tuesday, July 10, Burbank: Return of Property Hearing for Peter Keyes
On Tuesday, July 10, 2007, medicinal cannabis patient/advocate Peter
Keyes will be arguing to get his medical marijuana back at 1:30pm, at
the Burbank Courthouse, 300 East Olive Avenue, first floor, in Burbank,
California.
Peter, a resident of Sacramento, California, had his medicine and pipe
confiscated from him at Burbank's Bob Hope Airport on January 14, 2007,
while attempting to return from the 2nd Statewide Conference of
Americans for Safe Access to Medical Marijuana. Misdemeanor charges were
filed, but were subsequently dismissed on March 7, 2007.
This motion has been continued 3 times, so far.
ASA's chief counsel, Joe Elford, has assisted is helping Peter prepare
his motion for return of property illegally seized. ASA is the largest
medicinal cannabis patient's rights organization in the United States.
Peter will be arguing the case himself, with no attorney representing him.
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15. Thursday, July 12, San Francisco: Motion to Dismiss Hearing for
ASA's DQA Lawsuit
Please come show your support for ASA, as our Chief Counsel, Joseph
Elford, and co-counsel Alan Morrison, will be arguing in favor of ASA's
lawsuit against the federal government. Alan Morrison, will being doing
oral arguments on behalf of ASA. Morrison is preeminent legal scholar
who founded Public Citizen's Litigation Group and currently serves as a
senior lecturer at Stanford Law School.
This important hearing will determine whether or not ASA's lawsuit
against the FDA will move forward. If ASA wins this lawsuit, the FDA
will be required to change its public statements about cannabis to
reflect current scientific understanding and medical practice. To read
more about ASA's DQA lawsuit, click here.
<http://www.safeaccessnow.org/article.php?id=2779>
When: Thursday, July 12th at 8:00 a.m.
Where: Federal Building, 450 Golden Gate, San Francisco, 94102 in Judge
William Alsup's chambers.
For more information, contact Sonnet:
sonnet@safeaccessnow.org
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16. Friday, July 13, Sacramento: Federal Pre-trial Hearing for Dr.
Mollie Fry & Dale Schafer
El Dorado County Medical marijuana physician Mollie Fry and her husband,
attorney Dale Schafer, were arrested as a result of a September 28, 2001
raid on their clinic in Cool, California, in which patient records were
seized. After the Raich decision, on June 22, 2005, Fry and Schafer were
indicted for marijuana found on the premises during the raid. Fry is
also facing a separate action by the DEA to revoke her license to
practice medicine.
When: July 13 at 2pm before Judge Frank C. Damrell, Jr.
Where: U.S. District Court 15th Floor at 501 "I" Street in Sacramento
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Special Events
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17. Saturday, July 9, Nevada City: Memorial for Dr. Tod Mikuriya
Dr. Tod Mikuriya was a great leader and pioneer in the medical cannabis
movement. He died in his home in Berkely on Sunday, May 20th.
Dr. Tod had studied marijuana's therapeutic potential since the 1960s
and briefly directed marijuana research at the National Institute of
Mental Health. He left when he realized the government only "wanted bad
things found out about marijuana," he told the online newsmagazine
AlterNet in 2004.
In 1999, Dr. Tod founded the Society of Cannabis Clinicians to educate
colleagues about the plant's medical uses. He wrote several books on
cannabis and its medical properties.
Read Dr. Tod's obituary in the LA Times.
<http://www.latimes.com/news/obituaries/la-me-mikuriya25may25,0,6466480.story?coll=la-home-obituaries>
A memorial celebrating the life and work of Dr Tod Mikuriya
What: A memorial to celebrate the life and work of the good doctor
When: Saturday July 7th 10-am - Midnight
Where: Neveda City, Ca - at Pioneer Park
Why: Proceeds help fund the publication of Dr. Tod's marijuana papers
Featured Speakers and Music:
* Sean Mikuriya
* Ralston and Della Grant
* Dr. Bannister
* Wadi Gad
* Fred Gardener
* Soul medic and the Mash Unite
* Medical Marijuana MaryJane
* DJ CHristopher
* Red Locks
* Andrew Glazier
* Black Weed
Want to Speak or have general questions?
Contact: Zuma or April 530 265-6788
Email:
pelicanpondstudios@hotmail.com
We know this is short notice but let's see what we can do as a
community. Sean Mikuriya is putting this together in honor of his father
and the proceeds will help fund publishing of the Marijuana Papers Dr.
Tod was so close to finishing before his passing.