[ASA Field]

*Weekly Roundup*

1) Huge Victory in San Diego Case, Ed Rosenthal & Rick Watts Update, and
Stephanie Landa Update
*
**Take Action!*
*
*2) Call Supervisors in Merced, San Bernardino & San Diego to Urge Them
Not to Appeal the San Diego Case Ruling!
*
ASA Chapter Meetings*

3) Tuesday, December 12th, San Diego: SD ASA Meeting
4) Tuesday, December 12th, San Francisco: SF ASA Meeting
5) Thursday, December 14th, Sacramento: Sac ASA Meeting
6) Thursday, December 21st, Guerneville: Sonoma ASA Meeting

*City & County Hearings
*
7) Tuesday, December 12th, Martinez: Contra Costa Board of Sups to Vote
on Shutting Down Dispensaries
8) Tuesday, December 12th, San Diego: Urge the Board of Supervisors Not
to Appeal the San Diego Case Ruling!

*Court Support*

9) Wednesday, December 13th, Riverside: City of Corona vs. Healing
Nations Collective
10) Monday, December 18th, Sacramento: **** Sanderson Hearing

*Special Events*

11) Wednesday, December 13th, Berkeley: ASA Holiday Party
12) Sat-Sun, January 13th-14th, Burbank: Implementation = Victory:
Preparing for the Next Ten Years,
ASA Statewide Conference

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*Weekly Roundup*
------------------------------------------------------------------------
*
1) Huge Victory in San Diego Case, Ed Rosenthal & Rick Watts Update, and
Stephanie Landa Update*

/Huge Victory for Patients - Impact of San Diego Ruling will be Felt
Across the Country/

The San Diego Superior Court ruled
<http://www.safeaccessnow.org/downloads/SD_Ruling.pdf> in favor of
patients on Wednesday, as the attempt to overturn California's medical
marijuana law was soundly defeated. Judge William Nevitt, Jr. ruled that
there is no "positive conflict" between federal and state law, and that
the voluntary identification (ID) card program does not interfere with
the purpose of Proposition 215 (Compassionate Use Act or CUA). This
ruling upholds Proposition 215 and SB 420, and confirms the protections
provided to patients under state law. This is a huge victory for
patients in California and across the country with an affirmation that
states can exempt qualified patients from criminal penalties, despite
federal policy that prohibits all marijuana use.

In his ruling, Judge Nevitt concluded that "[n]either the CUA nor the
MMP (Medical Marijuana Program) is preempted by the Supremacy Clause, by
the CSA (Controlled Substances Act), or by the Single Convention."

Judge Nevitt also ruled that the provision of the MMP that authorizes
the implementation of a voluntary ID card program is not an amendment to
the CUA. Furthermore, Judge Nevitt ruled that the MMP "does not add or
take away from the CUA," and "does not interfere" with the stated
purpose of the CUA, "[to] ensure that seriously ill Californians have
the right to obtain and use marijuana for medical purposes..."

This ruling is similar to the tentative ruling that was issued November
15, 2006, and a resounding victory for patients in California and across
the country. As we move forward with implementation of laws in
California and ten other states, pass laws in even more states, and work
toward safe access for every U.S. resident that needs to use it
medically, we can stand on the success of this lawsuit. This affirmation
clearly recognizes that states can pass laws that protect their people
without conflicting with federal laws that are out of step with the vast
majority of the country.

This ruling is the result of a lawsuit filed by San Diego County on
February 1, 2006, and later joined by San Bernardino and Merced
Counties. Americans for Safe Access and member patients joined with the
ACLU Drug Law Reform Project and Drug Policy Alliance and successfully
intervened
<http://www.safeaccessnow.org/downloads/SD_Intervention_Motion.pdf> in
the lawsuit on August 4. A motion
<http://www.safeaccessnow.org/downloads/SD_Motion_for_Judgment_ASA.pdf>
was then filed on September 1, which was argued by ASA Chief Counsel Joe
Elford, culminating in this landmark ruling
<http://www.safeaccessnow.org/downloads/SD_Ruling.pdf>.

/Watts and Rosenthal Trials Severed; Watts Felony Charges Dismissed/

In Thursday's pre-trial hearing, U.S. District Judge Charles Breyer
dismissed the remaining felony marijuana count against Rick Watts
(conspiracy to maintain a place for the manufacture of marijuana) and
severed the tax-related trials of Mr. Watts and Ed Rosenthal.

Mr. Watts now faces two misdemeanor tax counts: money laundering and
filing a false return, which may be heard by a magistrate instead of a
trial judge. His proceedings are not yet calendared.

Ed Rosenthal is scheduled for a pre-trial hearing on January 4, 2007,
with trial to begin on January 8 on five felony tax charges of filing
false returns (not accounting for income and loss on the small medical
cannabis clones he provided to the Harm Reduction Center).

William Simpich, the Oakland civil rights attorney representing Mr.
Rosenthal for pre-trial matters, told the court that Mr. Rosenthal was
hoping to retain Steven Gruel, a former member of the U.S. Attorney's
Office. Judge Breyer, observing that there had been mention of several
attorneys over the course of the pre-trial hearings, directed Mr.
Simpich to put whoever takes over in contact with Assistant U.S.
Attorney George Bevan, who is trying the case. Judge Breyer also noted
that Mr. Gruel was in the U.S. Attorney's office at the time of the
previous trial, so Mr. Bevan should be consulted as to any possible
conflicts of interest.

/
Stephanie Landa Ordered to Surrender by January 5th/

On Tuesday, patient activist Stephanie Landa was ordered by a federal
judge to surrender by January 5th after the judge denied her the ability
to post bail until after her appeal is heard. The judge had originally
agreed to let her stay out of jail until her [now] ex-husband got out of
prison.

Stephanie Landa, Kevin Gage & Thomas Kikuchi were arrested on August 15,
2002 for setting up a medical marijuana garden. Despite the cultivation
being previously condoned, SFPD arrested them and turned their case over
to the federal government. The three pleaded guilty to maintaining a
place for manufacture. Landa and Gage were sentenced in August 2003 to
41 months and Kikuchi to 37 months. The defendants are currently arguing
for a re-hearing on grounds of entrapment by estoppel and conflict of
interest by prior counsel.

We will keep you posted on support for Stephanie and her upcoming appeal.

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*Take Action!*
------------------------------------------------------------------------
*
2) Call Supervisors in Merced, San Bernardino & San Diego to Urge Them
Not to Appeal the San Diego Case Ruling!*

>From Aaron Smith:

As you probably know, in January San Diego County filed a lawsuit trying
to overturn California's compassionate medical marijuana laws, which
protect sick and dying patients from being thrown in jail for relieving
their suffering. Merced County and San Bernardino County later joined
the unpopular lawsuit, which was rejected in court yesterday by Judge
William Nevitt.

Wednesday's ruling followed a tentative decision against the counties
that Nevitt issued in November. Now, your help is needed to make sure
that the counties of Merced, San Bernardino & San Diego do not pursue
its heartless lawsuit with an appeal. Please take a few minutes to call
each county supervisor to ask him or her not to appeal the ruling.

*Merced:*
Supervisor John Pedrozo (District 1): (209) 385-7366
Supervisor Kathleen Crookham (District 2): (209) 385-7366
Supervisor **** Nelson (District 3): (209) 385-7366
Supervisor Deidre Kelsey (District 4): (209) 385-7366
Supervisor Jerry O'Banion (District 5): (209) 385-7366

*San Bernardino:*
Supervisor Bill Postmus (District 1): (909) 387-4830
Supervisor Paul Biane (District 2): (909) 387-4833
Supervisor Dennis Hansberger (District 3): (909) 387-4855
Supervisor Gary Ovitt (District 4): (909) 387-4866
Supervisor Josie Gonzales (District 5): (909) 387-4565

*San Diego:*
Supervisor Greg Cox (District 1): (619) 531-5511
Supervisor Dianne Jacob (District 2): (619) 531-5522
Supervisor Pam Slater-Price (District 3): (619) 531-5533
Supervisor Ron Roberts (District 4): (619) 531-5544
Supervisor Bill Horn (District 5): (619) 531-5555

Here are some talking points to guide your call:

*A recent poll showed that 71% of Californians support our state's
medical marijuana laws. Please do not appeal Judge Nevitt's ruling on
the medical marijuana case; do not waste any more resources trying to
overturn the will of the people.

*It is time for the county to follow the law rather than wasting time in
a futile and cruel legal challenge.

*Each of the three counties have not only filed suit, but they have all
also refused to implement the medical marijuana ID card program, which
patients are not required to obtain, but counties are required to
implement. Twenty-three other counties followed state law and
implemented ID cards.

*The American Civil Liberties Union, the Drug Policy Alliance, and
Americans for Safe Access all became parties opposing the lawsuit,
representing several medical marijuana patients, a caregiver, and a
doctor. Along with Attorney General Bill Lockyer, they argued that a
state is free to exempt patients from that state's own criminal
penalties for marijuana and to issue ID cards to those patients. One of
the patients, Pamela Sakuda, has since succumbed to cancer. Medical
marijuana stopped her appetite loss and nausea, allowing her to continue
chemotherapy treatments.

Please, don't forget to call the supervisors. Let them know that voters
expect them to find something better to do than to try to lock up sick
and dying patients.

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*ASA Chapter Meetings*
------------------------------------------------------------------------

*3) 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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*4) 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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*5) Thursday, December 14th, Sacramento: Sac ASA Meeting*

Sacramento ASA has begun meeting again and they're busy strategizing on
ways to effect local, state and national policies.

The Sacramento medical marijuana community was once extremely active
with Americans for Safe Access. Sac ASA met
regularly, organized a huge rally for Bryan Epis at the Capitol, and did
all they could to protect patients' rights. Patients and advocates in
the Sacramento area are coming together again to reinvigorate ASA.
Please join them at their bi-weekly meetings:

Thursday @ 6:00 p.m.
!Pura Vida! (next to the Capitol Wellness Collective)
2400 14th Street, Sacramento

All are welcome. This is a great opportunity to get involved with ASA
and to work on both local
and national campaigns.

For more information, please call 916-325-9000.

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*6) Thursday, December 21st, 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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*City & County Hearings
*
------------------------------------------------------------------------
*
7) Tuesday, December 12th, Martinez: Contra Costa Board of Sups to Vote
on Shutting Down Dispensaries
*
WHO: Patients and supporters
WHAT: Contra Costa County Board of Supervisors to Vote on Closing Local
Dispensaries
WHEN: Tuesday, December 12th 1:00pm
WHERE: 651 Pine St. 1st floor room 106 Martinez CA 94553 (925) 335-1900
WHY: Contra Costa County officials have been openly hostile to medical
cannabis dispensaries. The county first passed a moratorium on April
11th of this year. At that time, only a handful of patients showed up to
speak against it.An anti-medical marijuana Pacheco resident is pushing
the Board to close the dispensing collective in Pacheco, which is
bringing this up before the board once again. If the Board votes to
"enforce zoning violations," which really means that Contra Costa has
denied legitimacy to safe access and has not allowed for zoning or
permitting, the county's 2 existing collectives would be effectively
shut down, and thousands of patients would suffer. This is a crucial
hearing for safe access in the East Bay!

Please come show support for our fellow patients and safe access for in
all cities and counties in California!

------------------------------------------------------------------------
*
8) Tuesday, December 12th, San Diego: Urge the Board of Supervisors Not
to Appeal the San Diego Case Ruling!*

Wednesday's ruling on the San Diego case upheld state law and sent a
strong message to localities that it is time to implement Prop 215 and
SB420. It is very important that none of the counties involved in the
case appeal because if they do, this case could continue for months or
even years. We need you to speak out and urge the San Diego Board of
Supervisors not to appeal this decision! It is time for the County to
uphold the rights of patients and caregivers and to step forward to
protect its citizens.

If you are planning to speak, please get to the County Building by 8am
on Tuesday. Others can show up anytime before 9am, when the meeting
starts. It should all be over by 10am, so this isn't a huge time
commitment. Plus, if there are cameras there, it'll be important to have
good numbers!!

WHEN: TUESDAY, 8am or 9am, earlier if you want to speak!
WHERE: Board of Supervisors North Chamber, 1600 Pacific Highway, Room
310, San Diego, California

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*Court Support*
------------------------------------------------------------------------

*9) Wednesday, December 13th, Riverside: City of Corona vs. Healing
Nations Collective*

Healing Nations Collective (HNC) is one of only three medical cannabis
collectives left in all of Riverside County. The County is hostile and
the City of Corona is not much better. Corona is hell bent on closing
Healing Nations even though they opened before the City's moratorium.

The City's latest tactic (after losing on a restraining order in August)
is to seek an injunction closing Healing Nations before trial. The City
says that HNC is violating the zoning code because "anything not
specifically permitted is prohibited." Problem is that the zoning code
doesn't say that.

Cities have enormous power to control any land use activity through
zoning. But this injunction hearing will be decided by Commissioner Joan
Burgess who seems fair-minded and compassionate. The presence of
patients who present well and are sincere in their belief in state law
and medical cannabis could help her to see that the harm to patients in
closing the collective greatly outweighs any "harm" to the City in
waiting for trial to prove any actual zoning violation.

Please come if you can. Don't let Riverside County become the next San
Diego.

Riverside Superior Court
(aka) Riverside Historic Courthouse
4050 Main Street Department 6
8:30am Wednesday December, 13

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*10) Monday, December 18th, Sacramento: **** Sanderson Hearing*

Hearing at 9am before Judge Frank C. Damrell, Jr. in U.S. District
Court, 501 "I" Street, Sacramento, CA. Plumas County patient ****
Sanderson (who also serves as a caregiver for nine other patients) &
Alice Wiegand were arrested in a raid by a local-federal task force on
August 14, 2006, 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. In addition, law enforcement
referred the case to CA Child Protective Services, which has removed
Sanderson and Wiegand's 10-month old son and then sued them for child
support. Sanderson is currently out on bail pending trial.

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*Special Events*
------------------------------------------------------------------------
*
**11) 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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*
12) 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.