[ASA Field]

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ASA California Weekly Alert: January 4, 2008
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*Make Sure We Stay On Top of It:* If you wish to have a medical
cannabis event, meeting, federal trial, and/or city or county hearing
listed in the ASA CA Weekly Alert, please send information to
Sonnet@AmericansforSafeAccess.org no later than Thursdays by 3:00pm.
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Weekly Round-Up
1. a. Oakland Mayor Dellums Speaks Out for Safe Access
b. Court Appeals Verdict: Patient's Conviction is Reversed
c. Ukiah City Council Calls for Medicine Limits- Board of
Supervisors to Consider Ballot Initiative
d. Orange County Begins Issuing Medical Cannabis ID Cards

ASA's Legal Tip of the Month
2. How to Handle a Law Enforcement Encounter: Driving in Your Car

Chapter and Affiliate Meetings
3. Tuesday, January 8, San Francisco: San Francisco ASA Meeting
4. Tuesday, January 8, San Diego: San Diego ASA Meeting
5. Wednesday, January 9, Newport Beach: Orange County ASA Meeting
6. Saturday, January 12, Willits: Mendocino County ASA Meeting
7. Monday, January 14, Fresno: Fresno ASA Meeting
8. Tuesday, January 15, Sacramento: Sacramento ASA Meeting
9. Thursday, January 17, Arcata: Humboldt County ASA Meeting

Upcoming City and County Hearings
10. Tuesday, January 8, Placerville: El Dorado County Board of
Supervisors to Vote to Repeal Dispensary Permit
11. Tuesday, January 8, Ukiah: Mendocino County Board of Supervisors to
Discuss a Ballot Initiative to Repeal Measure G

Court Support
12. Monday, January 14, Sacramento: Sentencing Hearing for Jeff Sanderson

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Weekly Round Up
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1. a. Oakland Mayor Dellums Speaks Out for Safe Access
b. Court Appeals Verdict: Patient's Conviction is Reversed
c. Ukiah City Council Calls for Medicine Limits- Board of
Supervisors to Consider Ballot Initiative
d. Orange County Begins Issuing Medical Cannabis ID Cards

a. Oakland Mayor Dellums Speaks Out for Safe Access

On December 20th, Oakland Mayor Ron Dellums came out strongly in support
of medical cannabis patients and dispensaries by issuing a statement and
sending a letter to House Judiciary Chair John Conyers (D-MI). Dellums
also stated his support for Representative Conyers' decision to hold
hearings scrutinizing the latest DEA tactics in California of sending
threatening letters to landlords and raiding dispensaries that are in
compliance with local and state law. In Dellums' letter to
Representative Conyers, he "urge[s] the House Judiciary Committee to
expeditiously hold hearings and examine this very important issue."

Mayor Dellums' public statement and letter were a result of a coalition
of activists reaching out to the mayor, including ASA, local attorney
James Anthony, the Drug Policy Alliance, CA NORML, and the Marijuana
Policy Project. Just under a month ago, Bay Area landlords who rented to
collectives received letters from the DEA threatening to seize their
assets if they did not evict the medical cannabis providers. ASA and the
coalition of advocates sprung into action, reaching out immediately to
local elected officials, calling on them to stand up for patients and
providers. Mayor Dellums' recent public support joins a handful of
other elected officials in the Bay Area, including Senator Carol Migden,
Assemblyman Mark Leno, and the Oakland City Council who have come out
publicly against the federal government's attack on medical marijuana.
We are continuing to rally support from local officials and the
community. San Francisco Mayor Gavin Newsom and Berkeley Mayor Tom
Bates have yet to release a statement supporting medical cannabis
patients and providers and condemning the DEA's attacks.
Read Mayor Dellums' letter to Representative Conyers at:
http://www.AmericansforSafeAccess.or...to_Conyers.pdf Read Mayor
Dellums' statement at:
http://www.AmericansforSafeAccess.or..._Statement.pdf

To find out ways to get involved and ensure safe access in San
Francisco please contact Alex Franco at: AAAFranco@yahoo.com
To find out ways to get involved in the East Bay please contact
Sonnet@AmericansforSafeAccess.org

Check out Mayor Dellums' press coverage on Channel 2
<http://www.ktvu.com/news/14910158/detail.html>, the Oakland Tribune
<http://www.insidebayarea.com/oaklandtribune/localnews/ci_7787055>, and
KPFA <http://www.kpfa.org/archives/index.php?arch=23907>/

b. Court Appeals Verdict: Patient's Conviction is Reversed

The Fourth Appellate District Court issued another very positive
published decision in /People v. Chakos/ last week. The two concurring
judges, Aronson and Fybel, involved in the unanimous opinion were the
same two concurring judges in the Garden Grove (Kha) case.

The court found that the conviction for possession with the intent to
sell of defendant Chakos should be reversed because the court improperly
admitted a cop to testify as an expert about marijuana distribution.
They found him to be no more an expert than the average layperson
because he did not understand the unique practices and difficulties
faced by medical marijuana patients. Although the defendant possessed
approximately six ounces of marijuana, had a digital scale, and plastic
baggies, the court found that this did not suggest non-medical use.
Specifically, after noting that a patient is legally entitled to possess
eight ounces of marijuana under California law, the court stated:

"One might posit, then, that individuals who may lawfully possess
marijuana under state law for medicinal purposes will have patterns of
purchase and holding that will reflect the practical difficulties in
obtaining the drug. Those practical difficulties could also explain the
gram scale -- anyone with the lawful right to possess marijuana will
need to take precautions not to insure that he or she does not get
"ripped off" by a dealer, but that he or she does not possess more than
the eight ounces contemplated by the Act. Practical difficulties of
obtaining the drug also explain why a patient entitled to 13 possess it
under state law might want to keep an extra supply on hand within the
legal amount, since supplies would not be reliable."

They end the decision by referring to the "expert" cop:

"Now, are these speculations to be rejected because contradicted by the
expert's testimony on the record? No -- and that is the point: The
record fails to show that Deputy Cormier is any more familiar than the
average layperson or the members of this court with the patterns of
lawful possession for medicinal use that would allow him to
differentiate them from unlawful possession for sale. In other words,
Cormier was unqualified to render an expert opinion in this case."

Read more about the case and the 4th Appellate Court's decision in the
San Francisco Chronicle's story:
http://www.sfgate.com/cgi-bin/articl...37B7.DTL&tsp=1

c. Ukiah City Council Calls for Medicine Limits- Board of
Supervisors to Consider Ballot Initiative

The Ukiah City Council is expected to vote on a resolution today at
4:00pm, which calls on the Mendocino County Board of Supervisors to put
an initiative on the ballot to limit the number of plants medical
cannabis patients are allowed to cultivate and repeal the landmark
legislation, Measure G. Measure G was voted on by the Mendocino County
voters in 2000. The measure decriminalized personal use of cannabis,
with the intent to create safer access for medical cannabis patients.
Measure G also allowed patients to cultivate up to 25 plants for
personal use.

The Council is calling for a repeal of Measure G and limiting the plant
numbers to six per patient. The Board of Supervisors is scheduled to
discuss putting the repeal of Measure G and limiting patients'
cultivation on the ballot next Tuesday, January 8th.
Come out and support patients' access! Scroll down to "City and County
Hearings" to find details about the Board of Supervisors meeting next
Tuesday.

Read about Ukiah City Council's efforts to repeal of Measure G in the
Press Democrat:
http://www1.pressdemocrat.com/articl...16/1033/NEWS01
and in the Willits News:
http://www.willitsnews.com//ci_78125...illitsnews.com

d. Orange County Begins Issuing Medical Cannabis ID Cards
From Safe Access Now's Aaron Smith

On January 2nd, the Orange County Department of Public Health launched
the statewide medical marijuana ID card program. Application for the
cards are being taken on an appointment-only basis. Obtaining a card is
voluntary for patients and caregivers but many find them to be very
helpful in preventing false arrest by state and local law enforcement.
In order to qualify for the ID card, you must be able to provide a copy
of a valid doctor's recommendation for medical marijuana, proof of
residency within Orange County and pay an application fee of $150 ($75
for MediCal recipients).

To make an appointment and apply for the card program, call the County
Health Department at (714) 480-6717 during normal business hours.

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ASA's Legal Tip of the Month
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2. How to Handle a Law Enforcement Encounter: Driving in Your Car
Part 3 of a 3-part series on Law Enforcement Encounters

As a medical marijuana patient, you may legally transport your medicine
under California law, but the risk of a police interaction remains.
Ideally, when transporting medicine, obey all traffic laws, securely
lock your medicine in the trunk in a sealed container that limits odor,
and do not transport any partially consumed medicine in the vehicle.
It is very important to pay attention to the county guidelines regarding
the allowable amount of medicine you may possess. These can be found at
www.safeaccessnow.net/countyguidelines.htm. When planning your trip,
identify all counties through which you intend to travel, and, if
possible, do not transport more medicine than the most conservative
county guideline allows (in many counties, this will be the default
guideline of 8 oz. of dried marijuana and 6 mature or 12 immature plants).

Do not medicate immediately before or while driving, as it remains
illegal to drive while "under the influence" of marijuana, and police
often charge patients with Driving Under the Influence-Marijuana as a
form of harassment.

If you are stopped while driving:
1. Do not consent to a search
2. Assert your right to remain silent and DO NOT provide unsolicited
information about your patient status, possession of medicine, or the
last time you medicated.
3. If marijuana is found, assert your patient status and provide your
recommendation and/or state ID card.

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Chapter and Affiliate Meetings
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3. Tuesday, January 8, San Francisco: San Francisco ASA Meeting

Safe access is under attack here in San Francisco. Please join us as we
continue our campaign to stand up for patients rights! Fight to protect
safe access in San Francisco!

When: Tuesday, January 8th at 7:30pm
Where: Bowzer's Pizza, 371 11th St in San Francisco

For more information, please contact Alex: aaaFranco@yahoo.com
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4. Tuesday, January 8, San Diego: San Diego ASA Meeting

Please join us as we prepare our 2008 campaigns and goals.

When: 7:00 p.m.
Where: Twiggs Coffee House in the Green Room
4590 Park Blvd, San Diego

For more information, contact: sdasa420@yahoo.com
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5. Wednesday, January 9, Newport Beach: Orange County ASA Meeting

Join Orange County ASA as we plan for 2008. We will be discussing
upcoming campaigns, the ID card program and implementation, and other news.

When: Wednesday, January the 9th at 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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6. Saturday, January 12, Willits: Mendocino County ASA Meeting

*There will be a meeting of the Mendocino Chapter of ASA on January
12th, 2007 at the Willits Ping Pong Club.
The meeting will begin at 2pm and we will discuss our plan for 2008.
The Willits Ping Pong Club is located at 475 E. Valley St. in Willits.
Please come and join us, everyone is welcome!

For more information, contact Suzee at: suzeking111@yahoo.com

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7. Monday, January 14, Fresno: Fresno ASA Meeting

Our next meeting will be on Monday Jan the 14th at 6:00PM at the Fig
Memorial Library, Bullard Ave & Marks Ave in the shopping center.

We will be discussing the Mardi Gras Parade coming up in February, the
recent Board of Supervisors' meeting, and upcoming plans for safe access.

For more information about the upcoming meeting, contact
Sonnet@AmericansforSafeAccess.org

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8. Tuesday, January 15, Sacramento: Sacramento ASA Meeting

Join Sacramento ASA as we prepare for 2008 campaigns including,
coalition outreach, ID card program, and national campaigns.

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

For more information, contact Lanette: cannacare@earthlink.net
<mailto:cannacare@earthlink.net>

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9. Thursday, January 17, Arcata: Humboldt County ASA Meeting

Join Humboldt County ASA as we begin planning for 2008. All medical
marijuana supporters are encouraged to join.

6:00pm @ Bayview Courtyard Complex at 550 Union St. in Arcata

For more info, contact: HumboldtASA@gmail.com

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City and County Hearings
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10. Tuesday, January 8, Placerville: El Dorado County Board of
Supervisors to Vote to Repeal Dispensary Permit

The El Dorado County Board of Supervisors will hear an appeal to the
revocation of the Medical Marijuana Caregivers Association business
license on Tuesday. Safe access is under attack in Placerville! Please
come out and show your support!

Download ASA talking points
<http://www.safeaccessnow.org/article.php?id=2717> on dispensary
regulations, moratoriums and bans.

When: January 8, at 10 AM
Where: Board of Supervisors Meeting Room
330 Fair Lane, Bldg A
Placerville, CA

For more information, contact **** at 530-677-5362

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11. Tuesday, January 8, Ukiah: Mendocino County Board of Supervisors to
Discuss a Ballot Initiative to Repeal Measure G

Come show your support for safe access in Mendocino County. The Board
of Supervisors will be discussing a ballot proposal to repeal Measure G,
limiting patients' cultivation from 25 plants for personal use to 6
plants. Please come out and show your support!

When: Tuesday, Jan. 8 at approximately 1:45pm
Where: 501 Low Gap Rd. Room 1070
Ukiah, CA

For more information, contact: Sonnet@AmericansforSafeAccess.org

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Court Support
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*12. Monday, January 14, Sacramento: Sentencing Hearing for Jeff Sanderson

*On August 14, 2006, a local-federal task force arrested Plumas County
patients Jeff Sanderson (who also serves as a caregiver for nine other
patients) & Alice Wiegand in a raid for allegedly growing more than 260
plants. Though they were released from Plumas County jail within several
days, on September 5, 2006, Sanderson was rearrested by federal agents
and is being prosecuted on federal charges of *manufacturing and
conspiracy to manufacture more than 100 marijuana plants. Authorities
confiscated all of the plants and medicine, and have initiated asset
forfeiture proceedings on their home and family farm. Sanderson is
currently out on bail and both he and Wiegand have agreed to accept plea
bargains.

When: Jan. 14th (time yet to be disclosed)
Where: Before Judge Frank C. Damrell, Jr.
U.S. District Court (E.D., CA), 15th Floor
<http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&ad dr=501+I+Street%2C+&csz=sacramento%2C+ca&country=u s&Get%A0Map=Get+Map>

501 "I" Street
<http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&ad dr=501+I+Street%2C+&csz=sacramento%2C+ca&country=u s&Get%A0Map=Get+Map>
in Sacramento

For more information, contact Sonnet@AmericansforSafeAccess.org