[ASA Field]

ASA California Weekly Alert: November 9, 2007 ------------------------------------------------------------------------

*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. ASA Fights in the California Supreme Court to Protect Patients' Rights to Work
b. Federal Defendant Bryan Epis Remains Free
**
*ASA Chapter and Affiliate Meetings*
2. Saturday, November 10, Santa Barbara: Santa Barbara ASA Meeting
3. Saturday, November 10, Willits: Mendocino ASA Potluck and Meeting
4. Tuesday, November 13, San Diego: San Diego ASA Meeting
5. Wednesday, November 14, Newport Beach: Orange County ASA Meeting
6. Thursday, November 15, Arcata: Humboldt County ASA Meeting

*City and County Hearings**
*
7. Tuesday, November 13, Salinas: City Council to Vote on Banning Dispensaries

*Court Support*

8. Thursday, November 29, Indio: Preliminary Hearing for Gary Silva

*Special Events*
9. Sunday, November 11, Philo: ASA Legal Training and Benefit Reception
10. Tuesday, November 13, San Francisco: SF ASA's "Save Our Friends" Fundraiser and Party
11. Wednesday, November 14, Pleasanton: Cannabis Comedy Festival- Benefit for Free Tainted and ASA
12. Sunday, November 18, Ventura: Second Safe Access Now Town Hall Meeting
*13. SAVE THE DATE: ASA Holiday Party, Saturday, December 15th in San Francisco*

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Weekly Round-Up ------------------------------------------------------------------------
*1. a. ASA Fights in the California Supreme Court to Protect Patients' Rights to Work
b. Federal Defendant Bryan Epis Remains Free*

/a. ASA Fights in the California Supreme Court to Protect Patients' Rights to Work/

On Tuesday, November 6, Americans for Safe Access Chief Counsel Joe Elford argued an appeal of the discriminatory decision of September 7, 2005, when the Court of Appeals for the Third Appellate District denied a qualified medical marijuana patient any remedy for being terminated from his/her employment simply for testing positive for marijuana. In /Ross v. Ragingwire Telecommunications, Inc./, the court relied on federal law to defeat Gary Ross' state law causes of action for wrongful termination in violation of public policy and employment discrimination in violation of California's Fair Employment and Housing Act.

"Neither the People of California nor the state legislature intended to exclude medical marijuana patients from a productive workforce," said Joe Elford. "California must continue its leadership role in protecting disabled workers," continued Elford. "The Court must rule on the side of Ross, and on the side of thousands of California patients that risk discrimination on a daily basis."

After the lively hearing, Elford and Ross met with dozens of reporters outside of the courthouse. The Associated Press story <http://ap.google.com/article/ALeqM5iHs5ki4JKUS8Q5APCcU3bAjKv5TgD8SOGQHG0> was picked up by more than 200 papers nationwide. FindLaw <http://www.safeaccessnow.org/article.php?id=5203> and The Recorder <http://www.safeaccessnow.org/article.php?id=5218> offered legal analysis of the hearing, and Drug Law Blog posted YouTube clips <http://druglaw.typepad.com/drug_law_blog/2007/11/ross-v-ragingwi.html> of the highlights of the arguments. A ruling in the case will be issued within 90 days of the hearing.

For further explanation and links to the legal briefs, go to ASA's Brief Bank page on Ross v. RagingWire <http://www.safeaccessnow.org/article.php?id=4407>.

/b. Federal Defendant Bryan Epis Remains Free/

Bryan Epis was the first medical marijuana patient convicted in federal court after the passage of California's Proposition 215. Epis was arrested June 25, 1997, after Butte County sheriff's officers discovered marijuana plants growing in the basement of his home in Chico. After an incredibly lengthy federal trial process, on September 14, 2007, U.S. District Court Judge Frank C. Damrell sentenced Epis to 10 years in prison. Epis has been out on bail since August 9, 2004, pending his appeal to the Ninth Circuit Court of Appeals, and Judge Damrell denied the prosecution's request to imprison him immediately. Epis' attorney, Brenda Grantland, then filed a motion for continued bail pending his appeal, and after reading it, the U.S. Attorney conceded, and did not oppose the motion. In a piece of great news, this means that Epis will remain out of federal prison and home with his family for at least the next 18 months, which is the soonest he can expect a decision on his case from the Ninth Circuit. An in-depth report of Epis' sentencing hearing by Vanessa Nelson is available (with pictures) here <http://www.medicalmarijuanaofamerica.com/content/view/149/1/>. Congratulations again, Bryan, from ASA staff and membership!

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ASA Chapter and Affiliate Meetings ------------------------------------------------------------------------

*2. Saturday, November 10, Santa Barbara: Santa Barbara ASA Meeting

*Safe access is under attack in Southern California and we need to protect it! Join SB ASA next Saturday as we discuss strategies to defend medical marijuana in our community.
When: 3pm-5pm
Where: Antioch University
801 Garden St. Room #203 Santa Barbara

For more information, contact Jennifer: (805) 637-5365.

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*3. Saturday, November 10, Willits: Mendocino ASA Potluck and Meeting
*
The ASA Mendocino Chapter will be hosting a potluck at our next meeting on November 10th, 2007. The event will be held at The Ping Pong Club at 475 E. Valley Rd. in Willits and will begin at noon. We plan on having a fun time and are inviting everyone to come. We will be discussing our plans for future events and goals. Please bring your favorite dish or dessert and we will eat, medicate, and be merry!
When: November 10th at 12:00pm
Where: The Ping Pong Club at 475 E. Valley Rd. in Willits

For more information about this event, call: 707-332-8584. For questions about the Mendocino ASA chapter, please contact: mendobruce@yahoo.com

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*4. Tuesday, November 13, San Diego: San Diego ASA Meeting

*Please join us as we discuss ways to keep the momentum going in San Diego in our efforts to improve access.
When: Tuesday, November 13, 7:00-8:00pm
Where: Twiggs Coffee House
4590 Park Blvd.
In the Green Room

For more information, contact Sonnet@AmericansforSafeAccess.org
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*

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*5. Wednesday, November 14, Newport Beach: Orange County ASA Meeting

*The DEA has begun targeting Orange County patients and providers. We must put an end to this victimization and fight for patients' rights. Please come and join us as we discuss upcoming court support and other important safe access issues in our community.
When: November 14th @ 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. Thursday, November 15, Arcata: Humboldt County ASA Meeting*

Arcata City Council is taking actions to develop a medical marijuana task force. Please join us at this meeting to discuss what we can do to get involved in the task force and also what we would like to see come out of this working group.

When: Thursday, the 15th at 7:00pm Where: 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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**7. Tuesday, November 13, Salinas: City Council to Vote on Banning Dispensaries*

The City of Salinas will be voting on a medical marijuana dispensary ban. A member of the city council has contacted ASA to tell us that they only need one more vote to defeat this ban. Your testimony could sway one council member and protect safe access in Salinas. Please come out and show your support for medical cannabis access.

Download ASA's talking points <http://www.safeaccessnow.org/downloads/general.ordinance.talking.points.pdf> on dispensary regulations, moratoriums and bans.

When: Tuesday, November 13 at 4:00pm
Where: City Council Rotunda
200 Lincoln Street, Salinas, CA

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Court Support ------------------------------------------------------------------------
*
8. Thursday, November 29, Indio: Preliminary Hearing for Gary Silva

*November 29, 2007 -- Gary Silva: State Criminal Preliminary Hearing at 8:30am at the Justice Center <http://www.mapquest.com/maps/map.adp?country=US&addtohistory=&address=46200+Oas is+Street&city=Indio&state=Ca&zipcode=92201&homesu bmit=Get+Map%3ELarson>, 46200 Oasis St., Indio, CA . Please call the courthouse at to check that the trial is on at (760) 863-8206. In March 2006, DEA agents and Riverside County Sheriffs raided Gary Silva's small medical marijuana collective cultivation site outside of Palm Desert, California. After hearing a knock at the the door, as Silva (who uses marijuana for degenerative disk disease and nerve damage) went to open it, DEA agents violently kicked in the door, dislocating Silva's shoulder, causing lacerations to his face, sending him to the emergency room of a local hospital. The DEA confiscated fewer than 80 plants from the private multi-patient collective, as well as patient records and equipment, arresting no one and assuring Silva that he would not be charged at all unless he began another cultivation. However, the DEA later turned the evidence over to Riverside County, and the county District Attorney charged him in state court with 2 counts of felony cultivation and 3 counts of firearms possession. After several continuances, the judge will finally hear Silva's Motion to Dismiss and decide whether to dismiss all state charges or hold him over for trial. Silva has also served a summons and complaint regarding his personal injury to the Riverside County Board of Supervisors, the Riverside County Sheriff's Department, and several individual DEA agents. Please come out to Gary's hearing to show the judge that he is part of our community and we stand behind him. For more information, see this blog post <http://ijulian.blogspot.com/2007/10/dea-suedlawsuit-alleges-personal-injury.html> by Julian Ayrs.
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Special Events ------------------------------------------------------------------------
*9. Sunday, November 11, Philo: ASA Legal Training and Benefit Reception

*Americans for Safe Access (ASA) invites you to an ASA sponsored legal training, "Know your Rights as a Medical Cannabis Patient." Come participate in a series of role plays teaching you how to deal with law enforcement encounters. After the training ASA will be hosting a reception, featuring reggae and salsa music and live talent. Food and drinks will be provided.

What: ASA's Know Your Rights Legal Training and Reception Benefiting ASA
When: Sunday, November 11, 2007- Doors open 2pm Legal Training 3pm Reception 5pm
Details: $25 Donation- Proceeds benefit ASA
Food and Drinks will be provided
Stay for the reception and enjoy reggae, salsa, and live talent!

For more information, contact Sarah@AmericansforSafeAccess.org

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*10. Tuesday, November 13, San Francisco: SF ASA's "Harvest Moon: Save Our Friends" Fundraiser and Party
*
Join us at San Francisco ASA chapter's fundraiser and party. The "Harvest Moon: Save our Friends" event is a fundraiser for the San Francisco chapter and will feature local patient talent including live music, MC Ngaio Bellum, and other exciting events.
When: Tuesday, November 13th starting at 7:30pm
Where: El Ricon 2700 16th St. at 16th and Harrison in San Francisco
(Just 5 blocks from the 16th and Mission Bart stop!)

For ticket information and questions about the event, contact ASA.SanFrancisco@gmail.com
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*11. Wednesday, November 14, Pleasanton: Cannabis Comedy Festival- Benefit for Free Tainted and ASA*

Laugh your head off at this fantastic comedy night for a good cause. Please join ASA, Free Tainted, and medical cannabis supporters as we gather for a night of fun and laughter. Comics performing include: Ngaio Bealum, John Hoogasian, and W. Kamau Bell.
What: Cannabis Comedy Festival
Where: Tommy T's Comedy Club- 5104 Hopyard Rd. Pleasanton, CA
When: Wednesday, November 14th, show starts at 8:00pm
Details: $10.00 Admission- Proceeds go to ASA and Free Tainted
$20.00 for VIP Reserved Seating
Must be 17 or older
Two Drink Minimum


For information on the event, contact info@AmericansforSafeAccess.org or go to www.FreeTainted.com

Hope to see you out there!

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*12. Sunday, November 18, Ventura: Second Safe Access Now Town Hall Meeting

*Sunday, November 18, Safe Access Now will be hosting its second town hall meeting for local medical marijuana patients, caregivers and advocates.

Currently Ventura County is not issuing California's medical marijuana ID card and patients are left at risk of false arrest or seizure of property. This strategic planning meeting is the first step in our campaign to protect local patients by implementing the ID program in the Ventura County.

Please attend this important meeting to help support patients' rights in Ventura County!
*
Details:*
When: Sunday, November 18th: 4 to 6 PM
Where: Foster Library (private meeting room)
651 E. Main St. (between Fir & Chestnut) in Ventura

For more information, contact Aaron Smith at safeaccessnow@gmail.com

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*13. SAVE THE DATE: ASA Holiday Party, Saturday, December 15th in San Francisco

*ASA will be holding its annual holiday party in San Francisco on the evening of December 15th. Please save the date and look for further details in next week's alert.