[ASA Field]

ASA California Weekly Alert: November 30, 2007
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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. Victory in Kha Case Will Have a Major Impact for Patients
b. Medical Marijuana Movement Loses Linda Senti
c. Sonoma County Board of Supervisors Deny Dispensary Permit
d. Update on Long Beach Raid*

ASA Chapter and Affiliate Meetings*
2. Saturday, December 1, Los Angeles: LA ASA Meeting*
*3. Tuesday, December 4, Sacramento: Sacramento ASA Meeting
4. Thursday, December 6, Santa Rosa: Sonoma County ASA Meeting
5. Tuesday, December 11, San Francisco: San Francisco ASA Meeting
6. Tuesday, December 13, San Diego: San Diego ASA Meeting

*
City and County Hearings
*7. Tuesday, December 4, Marysville: Yuba County Board of Supervisors to Vote
on ID Card Program*
*8. Tuesday, December 11, Ukiah: Mendocino Board of Supervisors to Discuss 3
Potential Medical Marijuana Ordinances*

Court Support*
9. Monday, December 3, San Francisco: Oral Arguments in Appeal for Dustin Costa
10. Tuesday, December 4, San Francisco: Oral Arguments in the Last Available
Appeal for the Oakland Cannabis Buyers Cooperative
11. Tuesday, December 4, Burbank: Peter Keyes vs. Burbank Airport Police for
Excessive Use of Force
12. Friday, December 14, Oakland: Pre-Trial Hearing for 4 Tainted Inc. Defendants

*Special Events*
13. Thursday, December 13, Hollywood: LA ASA Holiday Party and Fundraiser
14. Saturday, December 15, San Francisco: ASA Holiday Party

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Weekly Round-Up CA

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*1. a. Victory in Kha Case Will Have a Major Impact for Patients
b. Medical Marijuana Movement Loses Linda Senti
c. Sonoma County Board of Supervisors Deny Dispensary Permit
d. Update on Long Beach Raid
*
/a. Victory in Kha Case Will Have a Major Impact for Patients

/This week, medical marijuana patients throughout California received a
monumental victory. On Wednesday, a California Appeals Court ruled that “/*it
is not the job of the local police to enforce the federal drug laws*/.” Ending
years of dispute, the court ruled in favor of Felix Kha, a medical marijuana
patient seeking the return of his medical marijuana that was seized by police.
In a ruling that rejects law enforcement’s claim that federal law preempts the
state’s medical marijuana law, the court asserted “/*we do not believe the
federal drug laws supersede or preempt Kha’s right to the return of his
property.*/”

Joe Elford, ASA's Chief Counsel, said it best when asked about the effect this
case will have. Elford said, "This case will have beneficial ripple effects on
all of our other cases, since the decision is so comprehensive. This was an
even better decision that I would have hoped."

This victory is the result of years of work put in by ASA's legal staff,
volunteers, activists, and patients. Kha, a medical marijuana patient, was
cited for marijuana possession and had his medicine seized in 2005. The case
was quickly dismissed, but the City of Garden Grove refused to return the
unlawfully seized medicine. After more than 2 years of waiting, the appellate
court's decision puts an end to state law enforcement seizing medicine from
patients, preventing future injustices like the one Kha faced.

Since proposition 215 passed, the seizure of medicine by California law
enforcement has been a far too common experience for many of California's
terminally ill and chronic disease patients. Just in the past two years, ASA
has compiled reports from nearly eight hundred patient encounters with local or
state police. These glaring trends will now be forced to end due to this court
decision.

As a result of this court decision, ASA will be revamping our Return of Property
campaign to ensure justice for all patients who have had their medicine taken
away. Noah Mamber, ASA's Legal Coordinator says about the decision, "The Legal
Department is very excited about the possibilities that this decision creates.
Since every Superior Court in the state must follow this decision, we intend to
simplify our Motion for Return of Property template, and relaunch the campaign,
encouraging all patients who were possessing their medicine legally and have had
it confiscated to use this case in trying to get it back. The more motions we
file, the more pressure the judges will exert on the district attorneys and
police to stop harassing legal patients."


Read more about the decision in our press release
at:http://www.safeaccessnow.org/article.php?id=5251

Read the press coverage by:
NY Times: http://www.nytimes.com/2007/11/30/us/30pot.html?ref=us
SF Chronicle:
http://www.sfgate.com/cgi-bin/articl.../BAIFTLCNQ.DTL
The Recorder: http://www.law.com/jsp/article.jsp?id=1196361712064
Orange County Register:
http://www.ocregister.com/news/marij...8-state-garden
CBS 2: http://cbs2.com/local/Medical.Mariju....2.598475.html

/
b. Medical Marijuana Movement Loses Linda Senti
>From Chris Payaso, c/o Oaksterdam News and Weedbay.net:

/

It is with great sadness that I am writing to tell you all that a great shining
light of compassion and freedom here in California has been snuffed out.

Linda Senti, wife of cannabis activist Eddy Lepp, passed from this world at 8 pm
PST Sunday, November 25.

Linda was my closest confidant and friend in California, and although sad at her
passing, I am happy she is no longer in pain from the cancer she has been
fighting for decades.

Please pray for Linda, and especially Eddy Lepp. He needs all the support and
love that we can offer so that he can continue fighting for OUR RIGHTS.

Both Eddy and Linda worked tirelessly for at least the last 20 years together on
their vision. A vision that included personal freedom for everyone./


c. Sonoma County Board of Supervisors Deny Dispensary Permit

/This week, in a disappointing act, the Sonoma Board of Supervisors denied
Creekside Medicinal Organics their permit in a 3-0 vote with two Supervisors
missing. Despite the large contingency of Sonoma ASA chapter members, patients,
and activists who testified in support of Creekside Medicinal Organics, the
board went ahead and voted the permit down, citing ordinance residential zoning
rule. The collective had met every stipulation of the county's ordinance with
one small exception. The land parcel site is 53 feet from residential zoning.
The ordinance rule is 100 feet. The physical building, however, is located over
two hundred feet from the residential zoning, but because parcel line is only 53
feet away, the permit was recommended for denial and then voted down in a
unanimous decision.

ASA would like to thank Sonoma ASA and all the activists, patients, and
concerned citizens that showed up in support of the collective. Even though we
did not win, we appreciate your hard work and your commitment to safe access. It
is people like you that keep this movement alive and strong.

Read more about the hearing at: http://www.ktvu.com/news/14710912/detail.html


/d. Update on Long Beach Raid

/Two weeks ago, DEA agents raided Long Beach Compassionate Caregivers, seizing
medicine and other resources and arresting the collective's operator, Samuel
Matthew Fata. The collective has remained closed since the raid, and ASA has
not received reports of their plans to reopen. The raid was the first federal
attack on a dispensary in Long Beach, and the DEA has released a press statement
saying it will not be the last.

The city of Long Beach does not have a dispensary ordinance, nor regulations in
place, despite the reported 10+ dispensaries in the city. Several dispensaries
in Long Beach have fallen under attack recently when the DEA issued asset
forfeiture letters to the facilities' landlords. ASA will report breaking news
on access in Long Beach as well as upcoming court dates and support for the
collective as we receive reports. If you have any information about upcoming
court dates for Fata, please contact Sonnet@AmericansforSafeAccess.org

To read more about the raid, see the following news articles:

Long Beach Press-Telegram: http://www.presstelegram.com/search/ci_7530132 and
http://www.presstelegram.com/search/ci_7544769

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ASA Chapter and Affiliate Meetings activist fist
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*2. Saturday, December 1, Los Angeles: LA ASA Meeting

*All medical cannabis patients and supporters welcome! We will be discussing the
upcoming holiday party, give local, state, and federal campaign updates,
emergency response, and much more!

When: Saturday, December 1st starting at 1:00pm
Where: Patient ID Center, 470 S. San Vicente Blvd. Los Angeles, CA 90048-4107
(Cross Street is Drexel, between Wilshire & 3rd St.)

For a map and public transit information – http://www.ASAaction.org

For more information, contact Don@AmericansforSafeAccess.org
*
*
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*3. **Tuesday, December 4, Sacramento: Sacramento ASA Meeting*

Safe access is under attack in the Sacramento area! Please join Sacramento ASA
as we discuss our upcoming campaigns and look at what is on the horizon for 2008
to ensure safe access.

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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*4. Thursday, December 6, Santa Rosa: Sonoma County ASA Meeting

*Please join us for December's Sonoma ASA meeting where we will be talking about
our annual Chris Kringle Gift Exchange, Sonoma County Regulations, responding
to Santa Rosa regulations, and discussing the 2008 medical marijuana week.

When: Thursday, December 6th, 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 Sonnet@AmericansforSafeAccess.org
*
*
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*5. Tuesday, December 11, San Francisco: San Francisco ASA Meeting
*
Please join SF ASA as we discuss upcoming campaigns, the Tainted Holiday Party
Protest, emergency response, STOP HARASSING PATIENTS Campaign, and many other
important items. Fight to protect safe access in San Francisco!

When: Tuesday, December 11th 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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*6. Tuesday, December 13, San Diego: San Diego ASA Meeting*

As 2007 comes to a close, please join the San Diego ASA chapter. Support safe
access in San Diego!

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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City and County Hearings fap
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*7. **Tuesday, December 4, Marysville: Yuba County Board of Supervisors to Vote
on ID Card Program
*
Tuesday, December 4, the Yuba County Board of Supervisors will be conducting a
hearing and voting on whether or not to move forward with local implementation
of California's medical marijuana ID card program. Please attend this important
meeting to express your support for California's medical marijuana ID program
and patients' rights in Yuba County.

When: Tuesday, December 4 -- 6:00 p.m.
Where: 915 8th Street Suite 109, Marysville, CA 95901
Map: http://snipurl.com/yuba
(This is a professional meeting, please dress and act accordingly.)

Thank you for taking action to protect Yuba County's medical marijuana patients.

For more information, contact Aaron Smith at safeaccessnow@gmail.com.
*
*
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*8. Tuesday, December 11, Ukiah: Mendocino Board of Supervisors to Discuss 3
Potential Medical Marijuana Ordinances*

On December 11, the Mendocino County Board of Supervisors will vote on three
potential ordinances. One ordinance will discuss plant limits for cultivation
for patients. One of the dispensary ordinances is a proposed ban on dispensaries
in the county. The other dispensary ordinance being discussed is a working
ordinance for dispensaries.

This is a very important hearing and ASA is urging all medical marijuana
supporters, patients, and activists in Mendocino County to attend this meeting.

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

When: Tuesday, December 11, meeting start at 9:00am, however, different items
have not yet been set on the calendar. To find out when the ordinances will be
discussed call 707-463-4221 on Dec. 7th.

Where: 501 Lower Gap Road, Room 1090
Ukiah, CA 95482

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Court Support patients rights
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*9. **Monday, December 3, San Francisco: Oral Arguments in Appeal for Dustin Costa

*After a March 2004 cultivation arrest by the Merced County Sheriffs, medical
marijuana patient and caregiver Costa (a.k.a. "DC Greenhouse"), who was
president of the Merced Patients Group, was being prosecuted in state court.
After 18 months of* proceedings, the Merced County District Attorney turned his
case over to the U.S. Attorney for federal prosecution and on August 10, 2005,
federal DEA agents re-arrested Costa. After a trial, on November 22, 2006, a
jury convicted him on federal charges of cultivation, possession with intent to
distribute, and possession of a firearm. Costa is currently serving a 13-year
sentence in federal prison in Big Springs, TX. You can write to Dustin and other
federal prisoners at this page <http://www.safeaccessnow.org/article.php?id=624>.

When: Monday, the 3rd at 9:00am
Where: Before a panel in the U.S. Ninth Circuit Court of Appeals
<http://216.152.235.70/webdir.fwx?mode=divofc&srchstring=A09XXXCSan+Franc isco+++++++++++0000001735&jnet=>,
James R. Browning United States Courthouse, 3rd floor, Courtroom 3
95 Seventh Street in San Francisco, CA

For more information, contact Sonnet@AmericansforSafeAccess.org

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*10. Tuesday, December 4, San Francisco: Oral Arguments in the Last Available
Appeal for the Oakland Cannabis Buyers Cooperative*
*
*The United States government sued the Oakland Cannabis Buyers Club (OCBC) in
federal civil court and sought to get an injunction that would prohibit it (and
five other dispensing collectives) from distributing medical marijuana. On May
15, 2001, the U.S. Supreme Court decided U.S. v. Oakland Cannabis Buyers
Cooperative <http://www.safeaccessnow.org/downloads/US_v_OCBC.pdf>. In that
opinion, the Court dealt a blow to medical cannabis patients by declaring that a
person in federal court may not argue that distribution of cannabis to patients
was a medical necessity. The Court was also very adamant in their opinion that
federal law still criminalize the use and distribution of medical cannabis. In
2002, a U.S. District Court in California, executing this opinion, issued a
permanent injunction against the OCBC, prohibiting it from distributing medical
cannabis. However, the 2001 decision specifically left open several questions,
such as constitutional limitations on federal authority, which will be litigated
in the OCBC's pending appeal in the Ninth Circuit.

When: Tuesday, December 4 at 9:00am
Where: U.S. Ninth Circuit Court of Appeals, James R. Browning United States
Courthouse, 95 Seventh Street in San Francisco
*
*For more information, contact Sonnet@AmericansforSafeAccess.org

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*11. Tuesday, December 4, Burbank: Peter Keyes vs. Burbank Airport Police for
Excessive Use of Force*
/From Peter Keyes/

On January 14th, 2007, veteran medical marijuana patient/advocate Peter G. Keyes
was apprehended by police at Burbank's Bob Hope Airport. Peter was returning
home from the 2nd statewide conference of Americans for Safe Access (ASA), the
largest medical marijuana advocacy group in the nation. Peter declared his
documented patient status outright, but the airport police have a policy of
arresting everybody caught with cannabis, doctor's recommendation or not. The
officers were able to find about 2 grams of medical marijuana on the patient,
but not until after they had engaged in some invasive and brutal search
methods. One particular officer's conduct was so extreme that the police must
now answer to charges of excessive force in State Court.

Peter was arrested and released. His charges were dismissed upon presentation
of Peter's physician's statement recommending that he use medicinal cannabis.
Assisted by ASA's Chief Counsel, Joseph Elford, Peter filed for the return of
his property - medical marijuana and a pipe. That request was ultimately denied
by Court Commissioner Kirkland Nyby. The unfavorable decision has been appealed
all the way to the State Supreme Court.

Representatives of the Burbank/Glendale/Pasadena Airport Authority will face
excessive force charges on Tuesday, December 4th at 8:30am, in courtroom 3, at
the Burbank Courthouse, 300 Olive Avenue, in Burbank California.*

*What: Keyes vs. Burbank Airport Police
When: Tuesday, December 4th, 8:30am
Where: Burbank Courthouse, 300 East Olive Avenue, Burbank, Ca. Courtroom 3
Why: To deter excessive force imposed upon traveling patients*
*
For more information, contact Sonnet@AmericansforSafeAccess.org

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*12. Friday, December 14, Oakland: Pre-Trial Hearing for Tainted Defendants*

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.

The court support will start outside of the Federal Building for the Free
Tainted Holiday Protest in front of the Oakland Federal Building! The protest
will happen right before the Tainted plaintiffs' pre-trial hearing. Following
the protest, we will all go in for the hearing. After the hearing supporters
are encouraged to go to the Bulldog, who will be hosting a Free Tainted bake
sale fundraiser. Please come show your support

When: Friday, December 14th, protest starts at 9:00am, hearing starts at 10:00am
Where: Meet in front of the Oakland Federal Building for the protest. The
hearing will be Before Magistrate Wayne D. Brazil U.S. District Court (N.D.,
CA), at 1301 Clay Street
<http://216.152.235.70/webdir.fwx?mode=divofc&srchstring=D09CANCOakland++ +++++++++++++++0000001751&jnet=>
in Oakland
*
*Read ASA's press release about the DEA's raid on Tainted here
<http://www.safeaccessnow.org/article.php?id=5105>. For more information on
what you can do to support the defendants, visit www.FreeTainted.com.

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Special Events closer look
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*13. Thursday, December 13, Hollywood: LA ASA Holiday Party and Fundraiser

*Join us to celebrate the holidays and help raise money for the ASA campaign!
Don’t miss out on comedy, live music, DJ’s, and even jugglers! There will also
be a raffle. Tickets are on sale now at the Los Angeles Patients and Caregivers
Group (http://www.LAMedicalMarijuana.com) or available at the December 1 LA ASA
Meeting (See ASA Chapters and Affiliates Meetings for details on the meeting,
above).

Where: Red Dragon Studios in the heart of Hollywood (address published later)
Details: Tickets are $50 and include ASA 2008 Membership, Gift Bag, and a
raffle ticket.

For more information: visit the ASA Discussion forums-
http://www.safeaccessnow.org/punbb/v...ic.php?id=451*

*
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*14. Saturday, December 15, San Francisco: ASA Holiday Party

*ASA Holiday Party
Join us for fun, food and music!

When: Saturday, December 15, 2007 at 7pm
Where: Pier 23 off of Embarcadero in San Francisco

Get your tickets today! Call 510.251.1856 or visit
www.AmericansForSafeAccess.org/HolidayParty

Individual tickets are $50 each, sponsorship opportunities are available. See
the Holiday Party web page for details on sponsorship opportunities, fliers to
distribute, and a download version of the poster at
www.AmericansforSafeAccess.org/HoldiayParty

For more information, contact Kerstin@AmericansforSafeAccess.org

[squatter420]

I don't know if people here are aware but you can join ASA and get this sent directly to your email address weekly.

[ASA Field]

Very true... to get this in email form, sign up at www.americansforsafeaccess.org/emaillists