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| WT Regular Join Date: Apr 2006 Location: Oakland, CA Co-Op: Non Vendor: no Patient: yes
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Rep Power: 370 | ASA CA Weekly Alert 2/16/07 *Weekly Roundup* 1) James Holland Sentenced, Joe Fortt Hospitalized & Mark Leno Fights for ID Card * Take Action! * 2) Call on Congress to Hold Hearings on Medical Cannabis! * **ASA Chapter & Affiliate Meetings* 3) Saturday, February 17th, Hollywood: Los Angeles ASA Meeting 4) Wednesday, February 21st, Newport Beach: South Orange County ASA Meeting 5) Thursday, February 22nd, Sacramento: Sac ASA Meeting 6) Tuesday, February 27th, San Francisco: SF ASA Meeting 7) Wednesday, February 28th, Oakland: East Bay ASA Meeting 8) Thursday, March 1st, Santa Rosa: Sonoma ASA Meeting 9) Saturday, March 3rd, Modesto: Central Valley Patients Coalition Meeting *City & County Hearings* 10) Tuesday, February 20th, Sebastopol: City Council to Vote on Dispensary Regulations 11) Tuesday, February 20th, Albany: City Council to Consider Dispensary Regulations 12) Wednesday, February 21st, Sonoma: City Council to Consider Dispensary Regulations *Court Support* 13) Friday, March 2nd, San Francisco: Pretrial Motions Hearing for Ed Rosenthal 14) Friday, March 2nd, Indio: Preliminary Hearing for Operators of Cannahelp Dispensary in Palm Desert 15) Friday, March 9th, Indio: Preliminary Hearing for Garry Silva *Special Events* 16) Every Monday-Friday in February, San Francisco: Volunteer for Juror Education! ------------------------------------------------------------------------ *Weekly Roundup* ------------------------------------------------------------------------ *1) James Holland Sentenced, Joe Fortt Hospitalized & Mark Leno Fights for ID Card* * */Former Dispensary Operator James Holland Sentenced to 9 Years in Prison and 5 Years Probation/ Adapted from Vanessa Nelson: Former medical marijuana dispensary owner James Dale Holland was handed down a nine-year prison sentence and five years of probation in federal court on Monday. Holland, who ran the Free and Easy Cooperative in Bakersfield, was being prosecuted for possession of stolen firearms in addition to drug charges from the raid of his medical marijuana dispensary. This complication, added to a record of prior drug convictions, contributed to his reluctance to go to trial and prompted his acceptance of a plea deal last month. Holland's change of plea signaled the official resolution of a legal case that has gone on for a year and a half. The raid on the Free and Easy Collective took place in September 2005, the result of cooperation between several local and federal law enforcement agencies. The investigation, which spanned six months, involved the Bakersfield Police Department, the Kern County Sheriff's Department, the U.S. Attorney's Office, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco and Firearms. The search of Holland's home and dispensary yielded over 200 marijuana plants and more than 20 pounds of processed marijuana, according to local newspaper reports, as well as three firearms alleged by investigators to be stolen. Holland, who attempted to flee the scene of the raid, was also accused of throwing a loaded handgun out of his car window during the pursuit by law enforcement officers. At his hearing, Holland stood shackled beside defense attorney Diana Weiss to receive his sentence, ankle and hand restraints securely cuffed to a waist chain. At 45 years old, the thick dark hair on his head and his handlebar mustache showed only the faintest tinges of gray. It soon became clear, however, that Holland's tresses would likely have more salt than pepper by the time he got out of prison. The final chance for Holland to affect his fate came when he was asked if he would like to address the court. His comments, though simple in nature and remarkably brief, were filled with emotion. "I would like to say that I am sorry for my actions, and I will use the time in prison to become a better person," Holland said slowly and carefully, his voice quivering. Assistant U.S. Attorney Kathleen Servatius then explained the details of the plea agreement, which recommended a sentence equivalent to nine years in prison. "108 months is a reasonable sentence," Judge Anthony Ishii nodded in agreement from his bench, "and I will rule accordingly." But nine years of prison time is not the end of the ordeal for Holland. His sentence will be followed by five years of supervised release as well as a requirement to register as a drug offender in any jurisdiction in which he resides. He was also ordered to pay a special assessment of $200 in court fees, a paltry amount in comparison to the $50,000 in asset forfeiture funds that he handed over to the U.S. Attorney just yesterday. All in all, it was ultimately a good deal in the eyes of defense attorney Diana Weiss, who made no character judgment on Holland's prior criminal record or his recent firearms charges. A trial in federal court would not have allowed Holland to present a medical defense to the jury, who would have been more likely to convict in the absence of such information. And, if convicted, Holland would have found himself subject to decades of imprisonment due to the various charges against him and the impact of his prior criminal history. James Holland will be able to receive mail at the following address for several weeks after sentencing: James Dale Holland JID: T00230818 / Booking No: 0530317 Fresno County Jail P.O. Box 872 Fresno CA 93712 /Former Medical Cannabis Provider and AIDS Survivor Joe Fortt Hospitalized with Severe Lung Infection / Adapted from Vanessa Nelson & Art Fortt: Joe Fortt was recently hospitalized with a severe lung infection. Joe, who has advanced AIDS, has experienced a drastic deterioration of health while coping with the conditions of incarceration at Fresno County Jail. After a year and a half in jail, Joe took a plea deal that offered him a sentence of time-served along with deportation to Canada, where he is a citizen. His sentencing hearing on this deal was set for later this month (February 26th), but will be postponed if Joe is still in the hospital. Art Fortt reported that he visited Joe in the hospital on Thursday afternoon, and Joe has been transferred out of the ICU unit. This is how Art described his hospital visit with his brother today: "I was allowed 30 minutes to see him. A Sheriff stands at his door looking at his watch. Joe is handcuffed from ankle to bed. He has a TV, can talk now, and was authorized to eat real food as of today." Please look out for further updates on Joe's health and the status of his upcoming hearing. /Assemblyman Mark Leno Fights Against the ID Card Fee Increase/ As we've reported in past alerts, the state Department of Health Services (DHS) plans to increase the state ID card fee from $13 to $142 on March 1, 2007. ASA, along with CA NORML, Safe Access Now, DPA, and MPP, has been working to ensure this increase is not put into effect. In the past week, nearly 1,000 patients and supporters sent emails to Governor Schwarzenegger and DHS Director, Sandra Shewry, urging them not to implement the fee increase. If you have not taken action yet, please do so now at ASA's online action site <http://www.americansforsafeaccess.org/idcardaction>. It only takes a minute and is extremely important, as we have little time left to delay the increase. ASA and other advocacy groups have been working with Assemblyman Mark Leno to stop the fee increase. This week, he met with DHS and issued a press release about the meeting. Following is a portion of his release: Citing his concern over the survival of the State's Medical Marijuana Identification Card (MMIC) program which was established through SB 420 in 2003, Assemblyman Mark Leno (D-San Francisco) authored a letter to the Department of Health Services urging them to reconsider the excessive fee increase and requesting further information on the finances of the program. SB 420 was modeled after the nation's first medical marijuana ID card created in San Francisco in 2000 by then Supervisor Mark Leno. On Wednesday, Assemblyman Leno met with Sandra Shewry, Director of the California Department of Health Services, urging consideration of alternatives that would sustain the State program. "This program gives medical marijuana patients who are following a course of therapy as recommended by their doctor the peace of mind that they will be protected from mistaken arrest or detainment by law enforcement," said Leno. "Raising the fee to enroll in this optional program to an untenable level dooms the state program to failure and undermines safety of patients who are already suffering." In the meeting yesterday between Leno and Director Shewry, one promising alternative discussed was urging Los Angeles County to implement the ID card program. "Because so many potential ID card users reside in Los Angeles, their involvement is critical for the success of the program. We should investigate why they and other large counties have not gotten an ID card program up and running after 17 months," added Leno. The California Department of Health Services, which has issued approximately 9,000 medical marijuana ID cards since August 2005, has been hampered by the failure or refusal of some of the state's most populous counties including Los Angeles, San Diego, San Bernardino, Orange, and Sacramento to implement the program. Without their participation, the program structured to accommodate 150,000 medical cannabis patients with a $13 state application fee has been unable to cover its costs as required by state law. * * ------------------------------------------------------------------------ *Take Action! * ------------------------------------------------------------------------ * 2) Call on Congress to Hold Hearings on Medical Cannabis!* * *In light of long overdue research published this week in Neurology, ASA is asking Congress to support our call for congressional oversight hearings to investigate why federal agencies resist full implementation of the recommendations provided by the Institute of Medicine in their 1999 report, Marijuana and Medicine: Assessing the Science Base. /*Actions to Take: */ *1. Call your U.S Representative at 202-224-3121: *Urge support for congressional hearings to encourage more medical cannabis research. Find out who your Representative by visiting the House of Representatives website <http://www.house.gov/> and entering your zip code. /Call Script:/ Hello, my name is (your name) and I live in (city, state). I am calling to make sure that Representative ___________ knows about long-overdue research published this week in Neurology, which indicates that smoked marijuana effectively reduces chronic neuropathic pain as well as acute pain for people living with HIV/AIDS. Seven years ago the federal government issued a gold-standard report from the Institute of Medicine recommending that more research be conducted to review the appropriate therapeutic use of cannabis. Despite these recommendations federal agencies often discourage medical cannabis research like the study published this week. I am urging Representative ____________ to "have a heart". Please support congressional oversight hearings to investigate why federal agencies have resisted full implementation the Institute of Medicine's 1999 recommendations. Thank you for your time. *2. E-mail your Senators and Representative <http://www.democracyinaction.org/dia/organizationsORG/asa/campaign/?campaign_KEY=6677>* and urge support for congressional hearings to investigate why federal agencies discourage medical cannabis research. Visit ASA's congressional action site <http://www.democracyinaction.org/dia/organizationsORG/asa/campaign/?campaign_KEY=6677> to send your letter. *3. Gather Signatures for the Petition Calling for Congressional Hearings: <http://www.safeaccessnow.org/downloads/congressional%20petition.pdf> *ASA has created a petition that you can print out and circulate at your work, school, home, church, and in your larger community. Our goal is to collect 50,000 signatures by June 1st. These petitions will be hand delivered to Congress by our National Office staff. Please join in our efforts and begin gathering signatures today! Print out the PDF of the petition from ASA's website and start gathering signatures. Please send completed petitions to ASA Headquarters: Americans for Safe Access Attn: Rebecca Saltzman 1322 Webster Street, Suite 402 Oakland, CA 94612 Fax: (510) 251-2036 ------------------------------------------------------------------------ *ASA Chapter Meetings* ------------------------------------------------------------------------ * **3) Saturday, February 17th, Hollywood: Los Angeles ASA Meeting* Greetings LA ASA Activists! So much has changed in the last month. This month's ASA meeting will be as important as ever! Saturday February 17th 1-3 PM California Patients Group 6208 Santa Monica Blvd in Hollywood In addition to a mini Know Your Rights! training, we will be discussing: -Breaking News about new studies on medical cannabis -Updates on the DEA raids -Movement in the process of LA regulations Come one, come all! For more info, please call LA ASA: (323) 464-7719 ------------------------------------------------------------------------ *4) Wednesday, February 21st, Newport Beach: South Orange County ASA Meeting* The Orange County Dept of Health has been dragging its feet in the process of issuing the SB 420 ID Card Program. Now that the Courts have given hesitant counties the guidance they need, we need to make our voices heard! South OC ASA Meeting 7-9 PM Law Offices of WENTWORTH, PAOLI & PURDY, LLP 4631 Teller Avenue, Suite 100 Newport Beach, CA 92660 ------------------------------------------------------------------------ *5) Thursday, February 22nd, Sacramento: Sac ASA Meeting* 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. ------------------------------------------------------------------------ *6) Tuesday, February 27th, San Francisco: SF ASA Meeting* The next ASA SF meeting space is 350 Divisadero, San Francisco, CA. We're shooting for a rotating meeting schedule, allowing all the willing dispensaries an opportunity to host ASA SF meetings periodically. 7:00 p.m. ------------------------------------------------------------------------ * 7) Wednesday, February 28th, Oakland: East Bay ASA Meeting* Join East Bay ASA to discuss support for Ed Rosenthal, strategies for responding to raids, local dispensary ordinances, and more. Please join us and make your voice heard! Refreshments will be served. * Wednesday, February 28th @ 7 pm* Americans for Safe Access Headquarters 1322 Webster Street, Suite 402, Downtown Oakland Just a couple blocks from the 12th Street BART station! For more information or to get involved, contact Rebecca: Rebecca@SafeAccessNow.org or 510-251-1856 x 308 Please spread the word and pass this on to your East Bay neighbors! ------------------------------------------------------------------------ * 8) Thursday, March 1st, Santa Rosa: Sonoma ASA Meeting* When: Thursday from 5pm-7pm Where: Department of Public Health, 625 5th Street (at Mendocino Avenue) in Santa Rosa Please join Sonoma's chapter of American's for Safe Access. Patients, supporters, caregivers and friends are welcome to come share their opinions on what should happen locally, statewide, and nationally. More info 707-332-6556 ------------------------------------------------------------------------ *9) Saturday, March 3rd, 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! 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. For additional information, contact Shirley Cox, Public Relations Officer for the Central Valley Patients Coalition: shirley@CompassionateCoalition.org ------------------------------------------------------------------------ *City & County Hearings* ------------------------------------------------------------------------ *10) Tuesday, February 20th, Sebastopol: City Council to Vote on Dispensary Regulations* The Sebastopol City Council will be voting on dispensary regulations. Please speak out at the hearing and explain to the council how important safe access is to you! Download ASA talking points <http://safeaccessnow.org/article.php?list=type&type=212> on dispensary regulations. 7:00 P.M. Sebastopol Youth Annex 425 Morris Street in Sebastopol ------------------------------------------------------------------------ *11) Tuesday, February 20th, Albany: City Council to Consider Dispensary Regulations* In the November election, Albany residents passed an initiative calling on the city to permit one dispensary to operate in Albany. Now, the city council is considering dispensary regulations On Tuesday, the City Council will be considering either allowing or banning dispensaries Please read the meeting agenda <http://www.albanyca.org/archive2/2007/cc_g1172002833.html> for more details and for the text of the proposals. Download ASA talking points <http://safeaccessnow.org/article.php?list=type&type=212> on dispensary regulations and speak out to the city council on behalf of safe access! 8:00 PM Council Chambers, City Hall 1000 San Pablo Avenue in Albany ------------------------------------------------------------------------ *12) Wednesday, February 21st, Sonoma: City Council to Consider Dispensary Regulations* The Sonoma City Council will be considering medical cannabis dispensing regulations and law enforcement issues surrounding medical cannabis. Please speak out on behalf of safe access! 6:15 PM Council Chambers 177 First West Street in Sonoma Download ASA talking points <http://safeaccessnow.org/article.php?list=type&type=212> on dispensary regulations. ------------------------------------------------------------------------ *Court Support* ------------------------------------------------------------------------ * 13) Friday, March 2nd, San Francisco: Pretrial Motions Hearing for Ed Rosenthal* Pretrial motions hearing at 2pm before Judge Charles Breyer in U.S. District Court, 450 Golden Gate, San Francisco, CA. In October 2006, superseding indictments were filed against medical marijuana author and cultivator Ed Rosenthal and Rick Watts (though his felony charges were later dismissed). In addition to being prosecuted on prior charges, stemming from the first indictments, they also face money laundering and tax evasion charges (which were later severed from the other 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. ------------------------------------------------------------------------ *14) Friday, March 2nd, Indio: Preliminary Hearing for Operators of Cannahelp Dispensary in Palm Desert* Preliminary Hearing Court Support for Stacy Hochanadel, John Bednar, and James Cambell, respectively owner and operators of Cannahelp of Palm Desert. All three men are facing the following charges following an investigation and Riverside County Sheriffs Dept raid on December 1st, 2006: HS 11359 Possession of marijuana for sale HS 11360 (A) Transportation HS 11366 Maintaining a facility for the sale of a controlled substance Please come show your support! Friday, March 2 at 8:30 a.m. Larson Justice Center 462000 Oasis (corner of Oasis and Hwy. 111) in Indio ------------------------------------------------------------------------ * 15) Friday, March 9th, Indio: Preliminary Hearing for Garry Silva* Preliminary Hearing Court Support for Garry Silva patient, caregiver, and prior cultivator for the March 14th, 2006 cooperative raid on his home by local sheriffs officers and D.E.A. Garry is being charged with four felonies at this time, because he has a potential prior from 1981 he may be considered a prior-felon in possession of a firearm. Garry was in court on January 26th, 2007 for his initial preliminary hearing which was continued at the request of his attorney because of missing information from the discovery of evidence submitted by the DAs office. Conveniently the photographs taken of Garry as he lay on the floor after the raid were not present in the report. PC 12021 (A) (1) Felon in possession of a firearm PC 12316 (B) (1) Felon in possession of live ammunition HS 11359 Possession of marijuana for sale HS 11358 Cultivation of marijuana After the last year of fighting to keep his life together the financial and time demands have nearly depleted all of Garry's funds and he has been struggling to keep his business in operation after 27 years of working in Coachella Valley. Anyone interested in making contributions should contact Krista Silva at (760) 200-7461 or Ryan Michaels at (909) 996-1197. The family appreciates any assistance you can offer in this time of need. Please come show your support! Friday, March 9 at 8:30 a.m. Larson Justice Center 462000 Oasis (corner of Oasis and Hwy. 111) in Indio ------------------------------------------------------------------------ *Special Events* ------------------------------------------------------------------------ * **16) Every Monday-Friday in February, San Francisco: Volunteer for Juror Education!* Jury Education begun this Thursday, Feb. 1 at the San Francisco Federal Courthouse. This educational campaign is sponsored by the Fully Informed Jurors Association, www.fija.org <http://www.fija.org> We will flyer from 7am to 10am, Monday through Friday for most of February and March. Thanks to ASA and Richard Lee, we will have a new and improved flyer to pass out to everyone who enters the Courthouse. 3-4 people are needed each day we are at the Courthouse. Sign up with Danielle at can@cannabisactionnetwork.org <mailto:can@cannabisactionnetwork.org> or by calling 510.486.8083. Danielle Cannabis Action Network |
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