[ASA Field]

*Weekly Roundup*

1) CA Supreme Court Decision on Transportation, Dustin Costa Convicted,
and Oakland Police Policy Hearing
*
ASA Chapter Meetings*

2) Saturday, December 2nd, Modesto: Central Valley Patients Coalition
Meeting
3) Thursday, December 7th, Guerneville: Sonoma ASA Meeting
4) Tuesday, December 12th, San Diego: SD ASA Meeting
5) Tuesday, December 12th, San Francisco: SF ASA Meeting

*Court Support
*
6) Monday, December 4th, Sacramento: Hearing for Doctor Mollie Fry &
Dale Schafer
7) Tuesday, December 5th, San Francisco: Rally & Hearing for Stephanie Landa
8) Wednesday, December 6th, San Francisco: Motion to Dismiss Hearing for
Ed Rosenthal & Rick Watts

*Special Events*

9) Saturday, December 2nd, Hollywood: LA ASA Spaghetti & BINGO Dinner
10) Wednesday, December 13th, Berkeley: ASA Holiday Party
11) Sat-Sun, January 13th-14th, Burbank: Implementation = Victory:
Preparing for the Next Ten Years,
ASA Statewide Conference

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*Weekly Roundup*
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*
1) CA Supreme Court Decision on Transportation, Dustin Costa Convicted,
and Oakland Police Policy Hearing*
/
CA Supreme Court Rules on People v. Wright, Protecting Patients Who
Transport Marijuana/
The California Supreme Court issued a written decision in People v.
Wright, a criminal medical marijuana case dealing with transportation.
Although the ultimate conclusion was not so good for Wright, as the
Court found that Wright was not prejudiced by the trial court's failure
to instruct the jury on a medical marijuana defense because the jury
found that he possessed the marijuana with the specific intent to sell
it, the case contains a lot of good language for other cases. In
particular, the case approvingly cites to SB420 (the Medical Marijuana
Program Act) as "address[ing] additional issues that were not included
within the [CUA], and that must be resolved in order to promote the fair
and orderly implementation of the act." This suggests that the Court
does not construe SB420 as an unconstitutional amendment. The Court
explicitly found that one may avail himself of a medical marijuana
defense for transportation.

In addition, the Court found from the legislative history of SB420 that
the amounts of marijuana described therein (8 ounces of dried marijuana
and 6 mature or 12 immature plants) constitute a floor, not a ceiling.
Thus, qualified patients may absolutely possess these quantities and
may, if necessary, possess whatever amount is needed for their personal
medical needs.
/

Guilty Verdict in First Medical Marijuana Trial in 3 Years; Dustin Costa
Could Face 20+ Years in Prison/
A jury took less than a day to find a medical cannabis patient guilty of
violating federal marijuana laws. Dustin Costa, 60, a prominent medical
cannabis activist and former Marine, was found guilty of manufacture of
marijuana, possession of marijuana for distribution, and possession of a
firearm. Mr. Costa's sentencing date has not been set, but he could face
in excess of 20 years in prison. Mr. Costa indicated he will appeal his
conviction to the Ninth Circuit Court.

The federal charges were brought against Mr. Costa only after 18 months
of state court proceedings made it clear to local prosecutors that
California's medical cannabis law would provide him a defense.

Because of the U.S. Supreme Court decision in Gonzales v. Raich,
patients like Costa cannot mention the phrase "medical marijuana," let
alone provide a medical defense in federal court. This was the first
federal trial of a medical cannabis patient since the high-profile 2003
conviction of author Ed Rosenthal. In the Rosenthal case, the jury
repudiated their verdict once they learned he was helping patients under
state law.

The original state marijuana cultivation charges against Mr. Costa,
president of the Merced Patients Group, stemmed from a March 2004 arrest
by Merced County Sheriffs following a raid on the greenhouse he
maintained. Since being re-arrested by federal agents on August 10,
2005, Mr. Costa has been held in Fresno County jail.

Mr. Costa represents the first of nearly a hundred patients and
providers expected to go to trial on arrests that have occurred since
/Gonzales v. Raich/. More than 90 patients and providers have been
arrested and nearly as many currently await trial in federal court.

/
Oakland Public Safety Committee Hears Proposal on Amending Oakland PD
Policy on Medical Cannabis/
On Tuesday, November 28th, he Oakland Public Safety Committee held a
hearing to address the introduction of a resolution that urges the
Oakland Police Department (OPD) to adopt a policy similar to that of the
California Highway Patrol (CHP).

ASA recently launched a campaign to urge local governments in California
to urge their police departments to adopt CHP-like policies. The first
city with which we engaged was Oakland. ASA approached Council Member
Nancy Nadel, who is an ally on these issues, to introduce the
resolution. She willingly accepted, and a report
<http://clerkwebsvr1.oaklandnet.com/attachments/15016.pdf> was generated
that indicated the OPD had an existing policy that passed in 2001 (the
policy is in the report). The fact that they even have a policy is
positive, but it also happens to be a decent policy. The problem is that
enforcement of the policy is hit and miss.

When the agenda item came up, Kris Hermes, ASA legal campaign director,
spoke first and mainly addressed the need for compliance with state law,
uniformity in enforcement, and the benefit of having clear protocols
such as those defined by the CHP policy. His testimony included evidence
of at least 10 negative reports in Oakland over the past couple of
years, with numerous cases ending in unnecessary arrest, all resulting
in seizure. Kris also spoke of the benefit of having a policy that
reflected changes to the state law (SB 420) that occurred 3 years ago.

Then, Police Chief Wayne G. Tucker spoke about their lenient policy and
that a CHP-like policy was too restrictive, which would result in far
more arrests than currently occur in Oakland. The Chief also spoke about
how these encounters are initial points of contact for further
investigation if there is cause, which he said would not be possible
under the CHP policy. Then, Deputy Chief of Police for Internal Affairs
Jeffrey Isreal spoke briefly indicating that they had not received any
complaints filed regarding violations to the state's medical marijuana
law. He also made some inaccurate statements about state law.

Only a couple of committee members asked questions, and the tone was
clearly contentious. So, Nadel moved to call a meeting between the
advocates (ASA), the Police Chief's office, and her office, to iron out
next steps. No date has been set yet for this meeting, but we will keep
the community informed about the progress of this situation.
*
*
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*ASA Chapter Meetings*
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*
2) Saturday, December 2nd, Modesto: Central Valley Patients Coalition
Meeting*

Please join central valley patients and supporters to help plan and
strategize for the defense of patients rights in Stanislaus County,
Merced County, and beyond! Agenda items will include: The recent raid
in Modesto, court support, letters to the editor, safe access, and
more. The CVPC meets on the first Saturday of each month, at 9:00 AM.

New Location: These meetings will now be held at 1009 Bingham Dr.,
Modesto, CA, 95350. Directions:
http://www.google.com/maps?f=q&hl=en...5&om=1&iwloc=A
<http://www.google.com/maps?f=q&hl=en&q=1009+Bingham+Dr,+modesto+ca&ie=UT F8&z=15&om=1&iwloc=A>

For additional information, contact Shirley Cox, Public Relations
Officer for the Central Valley Patients
Coalition: shirley@CompassionateCoalition.org
<mailto:shirley@CompassionateCoalition.org>

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*3) Thursday, December 7th, Guerneville: Sonoma ASA Meeting*

When: Thursday at 7:30pm
Where: Marvin's Gardens 15025 River Road (towards Guerneville)

Come check out Sonoma's chapter of American's for Safe Access. We've got
a lot to go over this month, dispensary
regulations and plant guidelines are being discussed county wide.
Patients, supporters, caregivers and friends are
welcome to come share their opinions on what should happen locally. More
info 707-332-6556

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*4) Tuesday, December 12th, San Diego: SD ASA Meeting*

Our San Diego chapter of ASA has been busy lately and needs you to get
involved. It is time to get involved and protect
safe access!

For more info about the chapter, please visit their site:
http://sdasa.4mg.com/index.html

Twiggs Coffee House
4590 Park Blvd.
In the Green Room
7:00-8:00 p.m.

Call (619) 723-6572 for more info.

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*5) Tuesday, December 12th, San Francisco: SF ASA Meeting*

California Marijuana Party "Activist Resource Center"

7:00pm
223a 9th St. @ Howard
San Francisco, CA. 94103

Come show your support at this critical time in medical cannabis history.

Tony Bowles
ASA-SF Chapter Contact: 415-283-7404

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*Court Support
*
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*
6) Monday, December 4th, Sacramento: Hearing for Doctor Mollie Fry &
Dale Schafer*

Hearing at 10:00am before Judge Frank C. Damrell, Jr. in U.S. District
Court, 15th Floor at 501 "I" Street in Sacramento. 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.

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*
7) Tuesday, December 5th, San Francisco: Rally & Hearing for Stephanie
Landa*

>From Dege Coutee:

Medical Marijuana Defendant Stephanie Landa has been summoned to appear
in federal court on Tuesday, Dec 5th, 2006. You are strongly encouraged
to write a kind letter to the judge on behalf of Stephanie immediately,
attend her rally and court hearing and forward this message widely.
More details below.

Stephanie, along with Kevin Gage and Tom Kikuchi were arrested in 2002
for cultivating medical cannabis in San Francisco. Currently, she is
out on bail, awaiting the appeal of her 41-month prison sentence in the
US Ninth Circuit of Appeals. You can read more about her story at
http://www.stephanielanda.com

However, the federal district attorney decided last week that Stephanie
should not be free while awaiting her to appeal and has summoned her to
court to surrender.

/*What: Medical Marijuana Political Prisoner Rally and Guest
Speakers */
When: Tuesday, December 5th, 2006, 12 p.m.
Where: 450 Golden Gate Ave., San Francisco, CA 94102

/*What: Hearing USA v. Stephanie Landa--Plaintiff's Motion to Set
Self-Surrender Date */
When: Tuesday, December 5th, 2006, 2 p.m.
Where: 450 Golden Gate Ave.
US District Court, Courtroom 9, 19th Floor
San Francisco, CA 94102

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*
8) Wednesday, December 6th, San Francisco: Motion to Dismiss Hearing for
Ed Rosenthal & Rick Watts*

Hearing on a motion to dismiss certain charges against Rick Watts before
Judge Charles Breyer in U.S. District Court, 450 Golden Gate, San
Francisco, CA. Superseding indictments were filed against medical
marijuana author and cultivator Ed Rosenthal and Rick Watts in October
2006. In addition to being prosecuted on prior charges, stemming from
the first indictments, they also face money laundering and tax evasion
charges. Rosenthal and Watts were arrested in February 2002 after the
DEA raided the Harm Reduction Center in San Francisco. Due to not being
able to assert a medical (Raich) defense, Rosenthal was convicted in
January 2003 (Watts was unable to stand trial due to injuries sustained
from an auto accident). After outrage expressed by jurors and supporters
alike, U.S. District Court Charles Breyer sentenced Rosenthal on June 3,
2003 to one day in prison. Rosenthal later got his conviction overturned
based on jury misconduct. The federal Ninth Circuit Court of Appeals
then remanded the case back to district court, where the government is
currently retrying Rosenthal.

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*Special Events*
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*
9) Saturday, December 2nd, Hollywood: LA ASA Spaghetti & BINGO Dinner*

Join the LA Chapter of Americans for Safe Access for a Spaghetti & BINGO
Dinner on Saturday December 2nd from 9 PM to 12 MIDNIGHT! Admission is
a $20 suggested donation, and additional BINGO Cards are $5 each.

All proceeds benefit ASA, the nation's leading medical cannabis advocacy
campaign.

Spaghetti & BINGO Dinner $20 Donation
6208 Santa Monica Blvd, Hollywood, CA
Corner of Santa Monica/Vine
Saturday 12/2 9 PM to 12 Midnight

SPAGHETTI!!! * BINGO!!! * PRIZES!!! * RAFFLE!!! * FUN!!! * GOOD TIMES!!!
Call (323) 464-7719 or visit www.ASAaction.org for info.

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*10) Wednesday, December 13th, Berkeley: ASA Holiday Party*

Join Americans for Safe Access (ASA) for our annual Holiday Party on
Wednesday, Dec. 13 at the Berkeley Yacht Club from 7:00 - 11:00 p.m.

Enjoy spectacular views from the bay, a Mexican buffet, reggae music,
and surprise holiday entertainers. This venue is wheelchair accessible
and patient-friendly.

Tickets are only $50 and proceeds benefit ASA
(www.AmericansForSafeAccess.org).

Buy Tickets: http://www.safeaccessnow.org/article.php?id=3865

Who: ASA members and medical marijuana advocates
What: ASA's Annual Holiday Party
When: Wednesday, Dec. 13 2006 from 7:00 - 11:00 p.m.
Where: Berkeley Yacht Club, located at the Berkeley Marina at One
Seawall Drive, Berkley CA 94710
http://www.berkeleyyc.org/

*For further information please contact Abby Bair at 510-251-1856 x 305
or Abby@SafeAccessNow.org

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*
11) Sat-Sun, January 13th-14th, Burbank: Implementation = Victory:
Preparing for the Next Ten Years,
ASA
Statewide Conference
*

Americans for Safe Access is pleased to announce the 2nd Annual State
Conference will take place January 13th and 14th at the Pickwick Gardens
Conference Center <http://www.pickwickgardens.com/>, 1001 Riverside
Drive in Burbank, California.

As the momentum grows around medical cannabis law implementation
throughout the state, open communication amongst the players, both
regionally and statewide, has become crucial. For this reason, ASA staff
will bring its key assets to the table in a series of workshops and
seminars designed to give activists the skills they need to achieve
effective statewide campaigns while providing a vehicle for local
campaigns to flourish.

This is a participatory, not panel based, Conference. Every aspect of
the agenda is intended to make the most of the skills and resources you
already have, while providing you the direct, one-on-one support of some
of the brightest minds in medical marijuana advocacy from ASA Chapters,
Allies and Friends. You will have opportunities to interact directly
with presenters who are forming the state and national strategy for
medical marijuana, network with other activists like yourself from
around the state, and work on local strategies with activists from your
region using the ASA toolbox
<http://www.safeaccessnow.org/article.php?list=type&type=116>.

ASA State Campaign Staff will be presenting the California Campaign for
Safe Access Strategy, covering issues from regulations and protecting
safe access, implementation of the ID card program, sales tax and the
Board of Equalization, and regional participation in the implementation
of SB420, Proposition 215 and precedent setting case law.

Details will be available soon, including Conference Agenda, Key Note
Speakers, possible group bus travel, discounted lodging, and more! For
more information, please contact Alex at Alex@safeaccessnow.org
<mailto:alex@safeaccessnow.org> or (510) 251-1856 x 321.

Please be part of the solution.
<http://www.safeaccessnow.org/article.php?id=3784>Register now
<http://www.safeaccessnow.org/article.php?id=3784> for the ASA
Conference and use this space to expedite full implementation of our
state medical marijuana laws in every city and county in California.