[ASA Field]

*Weekly Roundup*

1) Rosenthal Charges Dropped, 9th Circuit Rejects Raich Appeal & Joe
Fortt Sentenced
*
**Take Action*

2) Write to a Medical Cannabis POW!

*ASA Chapter & Affiliate Meetings*

3) Saturday, March 17th, Hollywood: Los Angeles ASA Meeting
4) Tuesday, March 20th, Sacramento: Sacramento ASA Meetings
5) Wednesday, March 21st, Newport Beach: South Orange County ASA Meeting
6) Wednesday, March 21st, Oakland: East Bay ASA Meeting
7) Tuesday, March 27th, San Francisco: San Francisco ASA Meeting

*City & County Hearings*

8) Tuesday, March 20th, Lakeport: City Council to Vote on Banning
Medical Marijuana Cultivation
9) Tuesday, March 27th, Fontana: City Council to Vote on Dispensary
Moratorium

*Special Events

*10) Saturday, March 31st, Santa Barbara: Medical Cannabis Activist Town
Hall

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*Weekly Roundup*
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*
1) Rosenthal Charges Dropped, 9th Circuit Rejects Raich Appeal & Joe
Fortt Sentenced*

/Federal Judge Rules Ed Rosenthal Was Vindictively Prosecuted; Trial
Continued/

ASA Chief Counsel, Joe Elford, secured a huge victory for the medical
marijuana movement Wednesday in the case of author and medical marijuana
activist Ed Rosenthal. Federal District Court Judge Charles Breyer ruled
that Rosenthal was vindictively prosecuted, and dismissed charges of tax
evasion and money laundering -- charges that were added after
Rosenthal's conviction in 2006! The remaining marijuana charges against
Rosenthal are virtually identical to those pursued against him in his
previous trial. With an admission in court by the U.S. Attorney that it
would not seek additional punishment beyond the one-day sentence for
Rosenthal's conviction, the prosecution has little reason to proceed
with the case.

"We are gratified that the court has recognized the vindictive nature of
this prosecution and has reigned in the prosecutor," said Joe Elford,
author of the successful vindictive prosecution motion. "The additional
charges brought against Rosenthal were clearly in retaliation for his
criticism of the government. Taxpayer dollars should not be wasted on a
vendetta carried out by a prosecutor against a defendant."

Judge Breyer's ruling is the result of a motion to dismiss based on
vindictive prosecution filed by Americans for Safe Access and other
attorneys with Rosenthal's legal team. The substance of the brief was
that the government was retaliating against Rosenthal for his successful
appeal and his statements to the press that his first trial was unfair.
In his ruling, Judge Breyer asserted that "the government's deeds--and
words--create the perception that it added the new charges to make
Rosenthal look like a common criminal...".

Rosenthal was re-indicted after his 2003 conviction was overturned in
April 2006 by the Ninth Circuit Court of Appeals. After finding out that
medical marijuana evidence had been excluded from the 2003 trial, a
majority of the jurors that convicted Rosenthal recanted their verdict.
Due at least in part to public outcry, Rosenthal was sentenced to one
day in jail. The government was relying on the new charges of tax
evasion and money laundering to justify the second prosecution of
Rosenthal. The court has now confirmed that Rosenthal's continued
prosecution is suspect.

In a hearing today, Judge Breyer continued Rosenthal's trial, which had
been set to start next Monday. Breyer scheduled a status conference for
April 13th at 11:00 a.m. and urged the prosecution to think long and
hard about whether they should proceed with the charges.

/9th Circuit Rejects Raich Appeal/

>From Dale Gieringer:

On Wednesday, the Ninth Circuit Court of Appeals rejected Angel Raich's
appeal, ruling that there is no fundamental constitutional right to use
marijuana for relief of pain and suffering. In a 3-0 ruling, Judge
Harry Pregerson wrote,

"We agree with Raich that medical and conventional wisdom that
recognizes the use of marijuana for medical purposes is gaining
traction in the law as well. But that legal recognition has not yet
reached the point where a conclusion can be drawn that the right to
use medical marijuana is "fundamental" and "implicit in the concept
of ordered liberty."

The court also rejected Raich's contention that the 10th Amendment
protected her right to use medical marijuana.

Read the full text of the ruling
<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/630C41C84B670F308825729D007E5429/$file/0315481.pdf?openelement>.

/Joe Fortt Sentenced to 21 Months; Cannot Leave US for Canada Yet/

>From Vanessa Nelson (www.MedicalMarijuanaOfAmerica.com):

Appearing in federal court in a wheelchair on Monday, January 5th,
former Bakersfield dispensary owner Joseph Fortt was sentenced to 21
months in jail. It was intended to be a sentence of time served, but
since Joe has been incarcerated for only 19.5 months, the discrepancy
became a matter of courtroom argument yesterday.

During the hearing, defense attorney Daniel Harralson requested to have
the sentence reduced by six weeks in order for Joe to be immediately
transferred to the custody of immigration authorities and await his
deportation to Canada. The prosecution staunchly opposed the request,
claiming it had already been lenient enough with the defendant. The
judge agreed, reminding the court of the seriousness of violating
federal drug laws.

Harralson also asked for transfer to a facility with better health
conditions than those at Fresno County Jail, so that Joe could more
safely serve out the remainder of his sentence. Joe just recently
underwent a month-long hospital stay to treat a severe lung infection he
developed while incarcerated.

In spite of a moving plea from the visibly ill defendant, Judge Anthony
Ishii ultimately held to the recommended 21 month term and thereby sent
Joe back to Fresno County Jail to wait for his sentence to time out.

To read the full story, including Joe's statement to the court, go to
https://medicalmarijuanaofamerica.co...nt/view/52/60/

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*Take Action!*
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*2) Write to a Medical Cannabis POW!*

To help put activists in connection with inmates serving time for
medical marijuana MedicalMarijuanaOfAmerica.com
<http://www.MedicalMarijuanaOfAmerica.com> has set up a system whereby
people submit their letters electronically, then they print and mail
these messages to the inmate. This saves time, energy, and money for the
activist and facilitates the first steps of communication through
written correspondence.

Connecting activists with inmates creates a mutually beneficial
relationship. Many people who are new to advocacy do not get seriously
active until an issue is personalized for them. Correspondence can be
precisely the kind of personal understanding that is necessary for the
creation of a politically motivated individual.

Please visit
https://medicalmarijuanaofamerica.co...rms/Itemid,84/
today and fill in the form to send your message to someone locked up for
medical cannabis. They will print and mail your message to medical
cannabis prisoners.

If you'd prefer to hand write letters and send them yourself, please
visit www.AmericansForSafeAccess.org/WriteToPrisoners for instructions
and addresses.
** <http://www.americansforsafeaccess.org/OCIDCardAction>
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*ASA Chapter Meetings*
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*
**3) Saturday, March 17th, Hollywood: Los Angeles ASA Meeting*

The March meeting of the LA Chapter of Americans for Safe Access will be
this Saturday, March 17, at 1:00 PM. In addition to our usual local
agenda, we are having a special training for spokespeople in preparation
for the upcoming Planning and Land Use Management Committee meeting and
future city council meetings. Come practice your pitch and get feedback
from your peers. Invite your friends - everyone is welcome! The meeting
is up one flight of stairs, so call ahead if you need special
accommodations.

1:00 PM
California Patients Group
6208 Santa Monica Blvd., Los Angeles
http://www.ASAaction.org or (323) 464-7719

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*4) Tuesday, March 20th, Sacramento: Sacramento ASA Meeting*

The Sacramento ASA chapter has moved to a new site and date. Please join
Sac ASA to plan for the future of safe access locally, statewide, and
nationally!

7:00 p.m.

Crusaders Hall
320 Harris Avenue, Suite H
Sacramento, CA

For more information or to get involved, please contact Lanette:
cannacare@earthlink.net

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*5) Wednesday, March 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

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*6) Wednesday, March 21st, Oakland: East Bay ASA Meeting*

Join East Bay ASA to discuss support for Ed Rosenthal, strategies for
responding to raids, Oakland and Albany dispensary regulations, the ID
card program fee increase, and more.

Please join us and make your voice heard! Refreshments will be served.

* Wednesday, March 21st @ 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!

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*7) Tuesday, March 27th, San Francisco: San Francisco ASA Meeting*

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.
CA Marijuana Party Bookstore
223a 9th St. @ Howard in San Francisco

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*City & County Hearings*
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*
**8) Tuesday, March 20th, Lakeport: City Council to Vote on Banning
Medical Marijuana Cultivation*

The City Council will be voting on an ordinance banning all marijuana
cultivation, including medical marijuana. Here is the text of the
proposed ordinance:

Marijuana Cultivation: Marijuana cultivation is hereby declared
unlawful and a public nuisance within the City limits of the City of
Lakeport, at any time, on any parcel of land, whether indoors,
outdoors, or fully enclosed within a secure structure.

Please attend and speak out for safe access!

6:00 p.m.
City Council Chambers
225 Park Street
Lakeport, CA

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*9) Tuesday, March 27th, Fontana: City Council to Vote on Dispensary
Moratorium*

The Fontana City Council will be voting on temporarily banning
dispensaries. 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, moratoriums and bans.

7:00 p.m.

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA.

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*Special Events
*
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*
10) Saturday, March 31st, Santa Barbara: Medical Cannabis Activist Town
Hall*

Please join Steph Sherer, ASA's Executive Director for a Santa Barbara
Activist Town Hall on March 31st from 3-6 pm. This event will be a an
opportunity for the community to come together while Steph walks
everyone through a strategic planning session to create next steps for
Santa Barbara city and county implementation of Prop 215 And SB 420.
This will include defining problems in the community, as well as
determining goals and creating campaigns to tackle these problems and
achieve community goals.

Steph Sherer will also give a brief update from ASA about national and
state campaigns, including details about ASA's recent federal lawsuit.

Who: Sacramento Medical Cannabis Community and ASA's Executive Director
What: Sacramento Activist Town Hall
When: March, 3 2007 from 3PM- 6 PM
Where: El Paseo Restaurant 10 El Paseo, Santa Barbara, CA, 93101
<http://www.google.com/maps?q=10+El+Paseo,+Santa+Barbara,+CA+93101&sa=X&o i=map&ct=title>
Why: Because these laws aren't going to implement themselves

For more info contact Mark: (805) 722-2203

*** If you plan to attend (even if you're not sure), please RSVP by
sending an email to ***
*** Rebecca@SafeAccessNow.org ***