[ASA Field]

---------------------------------------------------------------------------
ASA California Weekly Alert: March 21, 2008
------------------------------------------------------------------------
*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.
------------------------------------------------------------------------
*Weekly Round Up*
1. a. California Supreme Court Affirms ASA Win in Return of Property Case!
b. ASA, Operators, and Advocates Call on State to Protect Tax Revenue
c. DEA Raids 5 Los Angeles Dispensaries
d. Dr. Molly Fry and Dale Schafer Sentenced to 5 Years in Prison
e. Local Updates: Santa Barbara Approves Dispensary Ordinance and
Sacramento Votes Against ID Cards

*Chapter and Affiliate Meetings*
2. Tuesday, March 25, San Francisco: San Francisco ASA Meeting
3. Wednesday, March 26, Oakland: East Bay ASA Meeting
4. Tuesday, April 1, Sacramento: Sacramento ASA Meeting
5. Thursday, April 3, Santa Rosa: Sonoma County ASA Meeting

*Court Support*
6. Wednesday, March 26, Oakland: General Appearance for Tainted Inc.
Employees
7. Thursday, April 3, Sacramento: Change of Counsel Motion Hearing for
David Davidson

*Special Events*
8. Tuesday, March 25, Los Angeles: Rally at the Federal Building to
Protest the DEA Raids
9. Friday and Saturday, April 4-5, 2008: Patients Out of Time Fifth
National Conference

------------------------------------------------------------------------
Weekly Round Up
------------------------------------------------------------------------
1. a. California Supreme Court Affirms ASA Win in Return of Property Case
b. ASA, Operators, and Advocates Call on State to Protect Tax Revenue
c. DEA Raids 5 Los Angeles Dispensaries
d. Dr. Molly Fry and Dale Schafer Sentenced to 5 Years in Prison
e. Local Updates: Santa Barbara Approves Dispensary Ordinance and
Sacramento Votes Against ID Cards

a. California Supreme Court Affirms ASA Win in Return of Property Case
From California Campaign Director, Don Duncan

On Wednesday, the California Supreme Court declined to review or
"de-publish" the landmark ruling in City of Garden Grove v. Superior
Court of Orange County (Felix Kha case) that upheld the right to return
of wrongfully confiscated medical cannabis, despite federal law! The
decision in Felix Kha's case was a huge victory for patients, but we
feared the worst after the City of Corona asked the Supreme Court to
review the case. The Court might have "de-published" the case, making it
impossible to cite as a precedent in other litigation. Today's ruling
was an about-face from the Supreme Court's unconscionable ruling
allowing employment discrimination against legal patients in Ross v.
Raginwire Telecommunications.

Now that the Felix Kha decision has been vindicated, patients and
caregivers can challenge the wrongful confiscation of medicine in any
court in the state. This will leave local law enforcement with a tough
choice - obey California law or face a torrent of litigation under this
decision. No longer can they hide behind the illusion of enforcing
federal law. We have been waiting a long time for a ruling that would
put some teeth in Proposition 215. This is a big incisor!

ASA spent years identifying this test case, preparing for the fight, and
arguing in court. That is the kind of long-term, big picture thinking it
is going to take to break the culture of resistance among some
California police officers. This summer, ASA will beef up its return of
property campaign to be sure every patient and caregiver in the state
enjoys the full benefit of this precedent. Have a look at ASA Staff
Counsel Joe Elford's blog on this topic at
http://www.AmericansForSafeAccess.org/blog/?p=74

b. ASA, Operators, and Advocates Call on State to Protect Tax Revenue

On Tuesday, advocates and dispensary operators from throughout the state
met up in Sacramento to testify at the Board of Equalization's hearing
to help protect safe access and sales tax. The group met with the Board
to encourage them to protect an important source of revenue - $100
million in sales tax collected annually by medical marijuana
dispensaries
<http://www.safeaccessnow.org/downloads/sales_tax_fact_sheet.pdf>.

ASA's Chief of Staff, Rebecca Saltzman testified first saying that
dispensaries' tax revenue is in danger, due to increased federal
interference in the state medical marijuana program. In 2007 alone, the
DEA raided more than 50 medical marijuana providers, and they embarked
on a new strategy, sending more than 300 letters to landlords of
dispensaries, threatening property owners with criminal prosecution and
asset forfeiture. She also mentioned House Judiciary Committee Chairman
Conyers' intent to hold the DEA accountable for their actions against
patients in future oversight hearings. Read Saltzman's report on the
hearing on ASA's blog. <http://safeaccessnow.org/blog/?p=72>

Following Rebecca Saltzman was Californial NORML's Dale Geiringer who
broke down the numbers for the BOE, focusing on the amount of tax
revenue dispensaries produce. He also discussed the problem of the DEA
seizing assets from dispensaries.

Geiringer was followed by several dispensary operators and former
operators from Berekeley, Los Angeles, Sacramento, San Francisco, Santa
Cruz, and Sonoma who explained the DEA threats they have been forced to
face. Read more in Rebecca Saltzman's blog about the hearing.
<http://safeaccessnow.org/blog/?p=72>

c. DEA Raids 5 Los Angeles Dispensaries

On Thursday, the DEA raided 6 dispensaries and the private residence of
an operator in Los Angeles. All of the dispensaries are from a single
family of collectives. The collectives raided were:

The Holistic Caregivers, Compton
Western Caregivers Group, LA
Crenshaw Holistic Caregivers Group, LA
THC Gardena, Gardena
Southern California Caregivers Group, LA (SFV)
Med Ex, LA

No arrests were made and the collectives, which took only minor losses
due to careful precautions, are expected to reopen today. During one of
the raids, acitivists at the site protesting over heard one of the DEA
officers tell the others that "the alert has gone out" and "they're on
the way." This further shows that ASA's Raid Response Emergency Text
Messaging system is working! Sign up for ASA's Emergency Response Text
Messaging System to receive instant alerts about raids in your area.
Visit www.AmericansforSafeAccess.org/RaidAlert

Look for an announcement over the next few days about LA ASA's response
to the raids at Los Angeles City Hall and the downtown Federal Building
on Tuesday morning.

d. Dr. Molly Fry and Dale Schafer Sentenced to 5 Years in Prison

Federal Judge Frank C. Damrell sentenced Dr. Molly Fry and her husband,
Dale Schafer to five years in prison for "conspiracy to grow marijuana
and manufacturing it in a medicinal marijuana case." During the four
hour sentencing hearing, Judge Damrell said he had no choice but to
issue the statutory minimum of five years in federal prison with an
option to appeal the decision. The couple has posted bail at $25,000 per
person as they await appeal.

On September 28, 2001, the DEA raided the Cool, California (El Dorado
County) clinic of medical marijuana physician and breast cancer patient
Mollie Fry and her husband, attorney and hemophilia and chronic pain
patient Dale Schafer, and seized patient records. Almost immediately
after the Raich decision, on June 22, 2005, Fry and Schafer were
arrested and indicted for marijuana found on the premises during the
raid. In 2002, the federal government also successfully revoked Fry's
DEA license to practice medicine.

In order to convince the jury to convict on charges of cultivation of
more than 100 plants, the U.S. Attorney took the unusual and
controversial step of aggregating the plants in gardens from three
different years. Additionally, Judge Damrell did not allow them to
explain to the jury that the El Dorado County Sheriffs and District
Attorney had previously given them active permission to grow their
relatively modest garden.

Fry & Schafer are currently caring for three beautiful children and two
grandchildren in their home.

Read more about the hearing in the Sacramento Bee.
<http://www.sacbee.com/102/story/798951.html>

e. Local Updates: Santa Barbara Approves Dispensary Ordinance and
Sacramento Votes Against ID Cards

This week, the Santa Barbara City Council unanimously voted to approve a
citywide dispensary ordinance. The vote came after a 6-month moratorium
which began last summer. The Santa Barbara ASA chapter has been
diligently working to urge the city council to develop and implement a
dispensary ordinance for over a year. Santa Barbara has seven
dispensaries. Under the new regulations, only one dispensary will be in
full compliance. The city council foresaw this problem and placed an
addendum to the ordinance allowing the current dispensaries three years
to fall into compliance with the new ordinance.

While the Santa Barbara City Council was voting for new regulations to
protect safe access for patients, the Sacramento County Board of
Supervisors voted against implementing the state medical cannabis ID
card program. The County Board of Supervisors voted 3-2 against the
program. Many patients testified at the hearing asking the board to
adopt the program, but the board refused. The Sacramento County
Sheriff's Department and District Attorney testified against the program
citing concern that the program would encourage marijuana use.

Thank you to Sacramento ASA chapter, Aaron Smith from the Marijuana
Policy Project, and all of the other medical cannabis advocates who have
been working for months to urge the Board of Supervisors to adopt the
program.

To read more about Santa Barbara
<http://www.independent.com/news/2008/mar/20/santa-barbara-cannabis-clubs-get-official-ordinanc/>
and Sacramento <http://www.sacbee.com/101/story/796247.html> read the
Santa Barbara Independent Article and the Sacramento Bee Article.

------------------------------------------------------------------------
Chapter and Affiliate Meetings
------------------------------------------------------------------------
2. Tuesday, March 25, San Francisco: San Francisco ASA Meeting

Join SF ASA on March 25. We will discuss the latest in medical cannabis
politics, laws, science and activism. Also, we will be planning for the
6th annual Highway 420 party and other exciting upcoming events!

When: 7:30-9:00pm
Where: Bowers Pizza on 11th street in SF

For more information, contact: aaaFranco@yahoo.com

------------------------------------------------------------------------
3. Wednesday, March 26, Oakland: East Bay ASA Meeting

Join the East Bay ASA Chapter as we continue to fight for safe access in
California. We are excited to have California Director, Don Duncan,
joining us at our East Bay meeting to give us the latest updates on
California's campaigns. We will be also discussing upcoming court
dates, a recap on the civil disobedience training, and national updates.
When: 7:00pm
Where: ASA Headquarters
1322 Webster St. Suite 402 (just 2 blocks from 12th St. BART!)
Oakland, CA

For more information contact: Rebecca@AmericansforSafeAccess.org

------------------------------------------------------------------------
4. Tuesday, April 1, Sacramento: Sacramento ASA Meeting

There are several medical marijuana activities over the next month.
Please come and find out how you can get involved. We will be discussing
current state campaigns, reaching out to condition-based groups, and
many more events on the horizon.

When: Tuesday the 19th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento

For more information, contact Lanette: CannaCare@earthlink.net
------------------------------------------------------------------------
5. Thursday, April 3, Santa Rosa: Sonoma County ASA Meeting

Please join Sonoma County ASA as we discuss pressing local, state, and
federal safe access issues.

When: Thursday, April 3, 5:00-7:00pm
Where: South City View Room
Department of Public Health
625 5th St., Santa Rosa, CA (Between Humboldt and Mendocino)

For more information, contact Sarah@AmericansforSafeAccess.org

------------------------------------------------------------------------
Court Support
------------------------------------------------------------------------
Thank you to Vanessa Nelson for helping ASA stay on top of upcoming
court dates!
------------------------------------------------------------------------
6. Wednesday, March 26, Oakland: General Appearance for Tainted Inc.
Employees

Please come out and show your support for the four former Tainted Inc.
employees. On September 26, 2007, the DEA raided five locations in
Oakland and San Leandro, allegedly confiscating hundreds of edibles and
460 plants, and arresting Jessica Sanders (30), Michael Anderson (42),
and Diallo McLinn (35). After a press conference on October 4, Michael
Martin (33), who had been on vacation during the raid, voluntarily
turned himself in. All four are charged with conspiracy to manufacture
or distribute controlled substances and are out on bail. Tainted Edibles
were available for patients as an alternative to smoking at dispensing
collectives across the state.

When: Mar 26, 2008 from 2:30 pm to 3:30 pm
Where: 1301 Clay St., Oakland CA (Judge Wilken's
Courtroom)

For more information contact: freetainted@yahoo.com

------------------------------------------------------------------------
7. Thursday, April 3, Sacramento: Change of Counsel Motion Hearing for
David Davidson*

Medical marijuana patients David Davidson & Cynthia Blake were raided in
2003 by Tehama County Sheriffs and were arrested on federal charges in
January 2004. Blake took a plea deal in 2007 in which she received an
18-month sentence in exchange for cooperation. Davidson is now facing
manufacturing and conspiracy to manufacture more than 1,000 plants and
is currently incarcerated in Sacramento, with Tony Serra as his
representation.

When: April 3rd at 9am
Where: Before Judge Morrison England, Jr
U.S. District Court (E.D., CA)
<http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&ad dr=501+I+Street%2C+&csz=sacramento%2C+ca&country=u s&Get%A0Map=Get+Map>,
Courtroom 3, 15th Floor at 501 "I" Street in Sacramento

For more information, contact Sonnet@AmericansforSafeAccess.org

------------------------------------------------------------------------
Special Events
------------------------------------------------------------------------
8. Tuesday, March 25, Los Angeles: Rally at the Federal Building to
Protest the DEA Raids

The DEA raided six medical cannabis dispensing collectives and one
private residence in the Los Angeles area yesterday, the latest attack
on patients' access in a continued campaign of federal interference and
intimidation. We need a show of support for the victims and opposition
to the DEA. Join advocates at the Los Angeles Federal Building downtown
on Tuesday morning to make your voice heard!

What: Medical Cannabis Protest at the Federal Building

When: 11:00 AM * Tuesday, March 25, 2008

Where: The Federal Building (and DEA offices) * 255 E. Temple St.,
Downtown Los Angeles

Bring signs and banners! Invite your friends! Take a stand for safe
access! Details to follow this weekend.

For more information contact Don@AmericansforSafeAccess.org

------------------------------------------------------------------------
9. Friday and Saturday, April 4-5, 2008: Patients Out of Time Fifth
National Conference

*Question: Have you registered for the Patients Out of Time national
conference yet? If not, please register today
<http://www.medicalcannabis.com/registration>!
Save the date for the Fifth National Patients Out of Time conference for
April 4th and 5th. For more information and to register visit
www.MedicalCannabis.com/registration <http://www.medicalcannabis.com/>

The Patient Out of Time Conference will feature patients, activists,
doctors, and researchers gathering to discuss the latest research on
medical marijuana. This important conference only happens once every
other year, so if you are a patient, doctor, researcher, and/or
supporter, we strongly encourage you to look into attending the
conference, which will be held at Asilomar Conference Center in Pacific
Grove on the Monterey Peninsula.