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03-10-2008, 11:36 AM
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| WT Regular  Join Date: Apr 2006 Location: Oakland, CA Co-Op: Non Vendor: no Patient: yes
Posts: 1,044
Rep Power: 370     | ASA CA Weekly Alert 3-7-08 --------------------------------------------------------------------------- ASA California Weekly Alert: March 7, 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. Judge's Decision Keeps Cathedral City Dispensary Open b. Dispensary Operator Sues Modesto for Conspiring with the DEA c. Sacramento ASA Leader Questions Gov. Schwarzenegger About Medical Cannabis d. DEA Raids Orange County Dispensary *ASA's Legal Tip of the Month* 2. Employment Rights and Medical Marijuana: Post-/Ross v. Raging Wire; /Part 2 of 2: Pre-Employment Situations *Chapter and Affiliate Meetings* 3. Monday, March 10, Fresno: Fresno County ASA Meeting 4. Tuesday, March 11, San Francisco: San Francisco ASA Meeting 5. Tuesday, March 11, San Diego: San Diego ASA Meeting 6. Wednesday, March 12, Newport Beach: Orange County ASA Meeting 7. Saturday, March 15, Los Angeles: LA ASA Meeting 8. ***Rescheduled: Monday, March 17, Sacramento: ASA Affiliate Compassionate Coalition Meeting*** 9. Thursday, March 20, Arcata: Humboldt County ASA Meeting *Court Support* 10. Friday, March 14, San Diego: Sentencing Hearing for Nathan Archer 11. ***Rescheduled: Thursday, March 20, Sacramento: Sentencing Evidentiary Hearing for Dr. Mollie Fry and Dale Schafer**** 12. Wednesday, March 26, Oakland: General Appearance for Tainted Inc. Employees* * *Special Events** 13. Friday and Saturday, April 4-5, 2008: Patients Out of Time Fifth National Conference -------------------------------------------------------------------------------- Weekly Round Up -------------------------------------------------------------------------------- 1. a. Judge's Decision Keeps Cathedral City Dispensary Open b. Dispensary Operator Sues Modesto for Conspiring with the DEA c. Sacramento ASA Leader Questions Gov. Schwarzenegger About Medical Cannabis d. DEA Raids Orange County Dispensary a. Judge's Decision Keeps Cathedral City Dispensary Open This week, U.S. District Court Judge Stephen G. Larson ruled that the Cathedral City cannot use Federal law to shut down the Essential Herbs and Oils dispensary. Cathedral City had requested that the U.S. District Court Judge issue an injunction. Judge Larson's decision said that he found no precedent allowing him to shut the dispensary down. This decision is an important victory for safe access in the region. Despite this important victory, the dispensary remains under attack in Cathedral City. The city is now fighting to revoke Essential Herbs and Oils' business license and they also recently received an eviction notice. ASA will keep you updated on the dispensary as news comes in. Read more about Judge Larson's decision <http://www.mercurynews.com/breakingnews/ci_8449925> and the recent attacks <http://www.mydesert.com/apps/pbcs.dll/article?AID=/20080307/NEWS01/803070312/1006/news01> as reported in the Mercury News and the Desert Sun. b. Dispensary Operator Sues Modesto for Conspiring with the DEA On Thursday, former California Healthcare Collective Operator Luke Scarmazzo filed a lawsuit against the city of Modesto for conspiring with the federal government to shut down his dispensary. Assisted by local police, the DEA raided California Healthcare Collective in September 2006. Scarmazzo is suing the city for emotional distress, mental anguish, and loss of employment. The September 2006 raid occurred five days after the city had realized that they could not shut the dispensary down. For more information on the lawsuit read the Modesto Bee article <http://www.modbee.com/local/story/230375.html>. c. Sacramento ASA Leader Questions Gov. Schwarzenegger About Medical Cannabis From Sacramento ASA's Lanette Davies/ "As most of you already know (because I have a big mouth) I had the opportunity Wednesday to meet Governor Schwarzenegger at Mimi's cafe while he was promoting "redistricting." I was invited by the League of Women Voters to attend and was sitting with our state President of the league when the governor came to our table to shake hands, while being filmed and recorded by a score of press and TV reporters. This gave me the opportunity while on camera to ask him directly about how he feels about protecting the medical marijuana patients of California and I asked how he feels about the use of cannabis by patients. He stated, "<I> support medical marijuana and the patients of our state." I then informed him that we have legislation right now in the California Assembly <http://www.safeaccessnow.org/article.php?id=5466> and the Senate that will protect the patients and we need his support. He then stated he was not aware of the new legislation however, he promised to take the time to review the bills as he definitely is interested in protecting the patients. He asked for my business card so his staff can call my office to get further information. Later, when he came back by I asked for a picture as I was wearing my nice /Stop Arresting Medical Marijuana Patients/ button and both the Governor and the Secretary of State took their picture with me. The picture was taken by the League of Women Voters and they requested use of it in their website. They also said they will email me a copy of the picture. It was a good day for us!"/ d. DEA Raids Orange County Dispensary On Tuesday, DEA agents raided Natures Wellness Collective in Orange, California. ASA received reports of the raid after it had occurred. According to an unconfirmed eyewitness there were no arrests made. If you have information about the Natures Wellness Collective raid please e-mail Sonnet@AmericansforSafeAccess.org Sign up for ASA's Emergency Response Text Messaging System to receive instant alerts about raids in your area. Visit www.AmericansforSafeAccess.org/RaidAlerts -------------------------------------------------------------------------------- ASA's Legal Tip of the Month -------------------------------------------------------------------------------- 2. Employment Rights and Medical Marijuana: Post-/Ross v. Raging Wire; /Part 2 of 2: Pre-Employment Situations In the disappointing January decision, Ross v. RagingWire, the California Supreme Court determined that medical marijuana patients cannot state legal claims for damages under the Fair Employment and Housing Act or on public policy grounds for retaliation from employers for testing positive for marijuana. Unfortunately, employment discrimination against medical marijuana patients remains a widespread problem. What does this mean for you? If you are a patient applying for a new position, you do not have the right to refuse a "pre-employment" drug test, which may occur several weeks after you start working. If you are concerned about failing the test, you can educate your employer, using the negotiation letter found in our Legal FAQ on our website. You may also attempt to negotiate when you will be required to take the test. Note that most employment drug tests do not differentiate between marijuana and Marinol. If your employer retaliates against you for being a medical marijuana patient, you can still file a complaint with the Department of Fair Employment and Housing, but know that it is a mostly symbolic statement, as it is almost certain no action will be taken under current law. The ray of hope for patients is that ASA has been working with California Assemblyman Mark Leno to author and pass the Gary Ross Anti-Discrimination Act that if passed, will codify employment protections for medical marijuana patients into law. Read more about the bill, AB 2279 <http://safeaccessnow.org/article.php?id=5466>. -------------------------------------------------------------------------------- Chapter and Affiliate Meetings -------------------------------------------------------------------------------- 3. Monday, March 10, Fresno: Fresno County ASA Meeting We went again last Tuesday to the Board of Supervisors meeting to urge them to implement the California Medical Marijuana Identificiation Card (MMIC). The Board asked us to get on the next meeting's agenda, which will be in March. Please come and join us at this important meeting. We will be preparing for the upcoming BOS meeting. If you have any questions about the Fresno Chapter of ASA please feel free to give Diana an e-mail. We hope to see many of you at our next meeting. When: Monday, the 10th at 6:00pm Where: Fig Garden Memorial Library Corner of Marks and Bullard in the Shopping Center For more information, contact Diana at: fresnocagal@sbcglobal.net* -------------------------------------------------------------------------------- 4. Tuesday, March 11, San Francisco: San Francisco ASA Meeting There have been several recent victories in San Francisco and we want to continue to build off of this momentum. Come join us at our SF ASA meeting and fight for safe access! When: 7:30-9:00pm Where: Bowers Pizza on 11th street in SF For more information, contact Alex at: aaaFranco@yahoo.com -------------------------------------------------------------------------------- 5. Tuesday, March 11, San Diego: San Diego ASA Meeting Join San Diego ASA for our March meeting and help us protect access in San Diego!* When: 7:00pm Where: 6070 Mt. Alifan Suite 202 San Diego, CA 92111, Clairemont * Location is subject to change. Please contact 4cccp@cox.net to verify location. -------------------------------------------------------------------------------- 6. Wednesday, March 12, Newport Beach: Orange County ASA Meeting Safe access has been under attack in Orange County and we need your help to stop it! Please come out and show your support at our monthly meeting on March 12th. When: 7:00pm Where: Law Offices of WENTWORTH, PAOLI & PURDY, LLP 4631 Teller Avenue, Suite 100 Newport Beach, CA 92660 For more information contact: OCLawyer@aol.com. -------------------------------------------------------------------------------- 7. Saturday, March 15, Los Angeles: LA ASA Meeting Don't miss this very special meeting. We will be discussing nonviolent Civil Disobedience in our efforts to resist the continuing escalation of DEA interference and intimidation against medical cannabis patients and providers in LA with two very special guests: Dr. Terry Grand, a co-founder of the pioneering HIV/AIDS advocacy organization ACT UP and Rebecca Saltzman, ASA's Chief of Staff. What: LA-ASA Meeting When: 1 PM * Saturday, February 16, 2008 Where: Patient ID Center, 470 S. San Vicente Blvd. Los Angeles, CA 90048-4107. (The cross street is Drexel, between Wilshire & 3rd St.) For more information contact Don@AmericansforSafeAccess.org -------------------------------------------------------------------------------- 8. ***Rescheduled: Monday, March 17, Sacramento: ASA Affiliate Compassionate Coalition Meeting**** We will be meeting on Monday, March 17th, to prepare for the Board of Supervisors meeting the following day. Please come out and join us as we prepare for this important meeting. When: Tuesday the 4th at 7:00pm Where: Crusaders Hall 320 Harris Ave. Suite H in Sacramento For more information contact: nathan@CompassionateCoalition.org -------------------------------------------------------------------------------- 9. Thursday, March 20, Arcata: Humboldt County ASA Meeting Come join Humboldt County ASA as we fight to protect safe access! Patients, supporters, and advocates are welcome. When: 6:00pm Where: Community recreation room of the Bayview Courtyard Senior Housing Complex 550 Union Street, Arcata. For more information contact: ASA-Humboldt@sbcglobal.net -------------------------------------------------------------------------------- Court Support -------------------------------------------------------------------------------- Thank you to Vanessa Nelson for helping ASA stay on top of upcoming court dates! -------------------------------------------------------------------------------- 10. Friday, March 14, San Diego: Sentencing Hearing for Nathan Archer *In April, 2006, the San Diego P.D. raided the residence of Nathan Archer, 40 year-old chronic pain patient in San Diego, seizing 30 plants (police inflated the number to 98 plants by counting garbage and dead plants) and 28 oz. of processed medicine. After failing to get a jury to convict Archer in a previous criminal trial, the San Diego County District Attorney Robert Bruce, who was overheard remarking to the jurors of the first case that "this whole medical marijuana thing is a bunch of poppycock," retried Archer. On January 30, 2008, after assistance from a cross-deputized DEA Agent who served as an expert witness, the second jury convicted Archer of cultivation and possession of greater than 1 oz. of marijuana and he remains at home in Sausalito while awaiting sentencing. Please come out to demonstrate to the San Diego justice system that Nathan is part of our medical marijuana community and to encourage the judge towards lenience. Come show your support for Nathan at his sentencing hearing! When: 9am before Judge Kerry Wells Where: San Diego County Superior Court, Central Courthouse at 220 West Broadway, Department 36 <http://www.sdcourt.ca.gov/portal/page?_pageid=55,1059008&_dad=portal&_schema=PORTAL > For more information, contact Sonnet@AmericansforSafeAccess.org -------------------------------------------------------------------------------- 11. ***Rescheduled: Thursday, March 20, Sacramento: Sentencing Evidentiary Hearing for Dr. Mollie Fry and Dale Schafer*** On September 28, 2001, DEA raided the Cool, California (El Dorado County) clinic of medical marijuana physician and breast cancer patient Mollie Fry and her husband, attorney 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, but Dr. Fry remains a licensed physician in the state of CA. Trial began on August 1, 2007, with Jeffrey Lichter appearing for Fry, and Tony Serra representing Schafer. Sadly, later that August, Fry and Schafer were convicted. For more information, see www.docfry.como, see *this page <http://www.docfry.com>. When: Thursday, March 20th at 10am* Where: Judge Frank C. Damrell, Jr. in 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>, 15th Floor at 501 "I" Street in Sacramento. For more information contact Sonnet@AmericansforSafeAccess.org This date is subject to change. Please call the courthouse ahead of time to confirm the date and time at (916) 930-4000. -------------------------------------------------------------------------------- 12. 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 -------------------------------------------------------------------------------- Special Events -------------------------------------------------------------------------------- 13. 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. |
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03-14-2008, 04:59 AM
| #2 (permalink) |
| WT Advanced Member Join Date: Aug 2007 Co-Op: no Vendor: no Patient: yes
Posts: 734
Rep Power: 36 | Re: ASA CA Weekly Alert 3-7-08 Will ASA have representatives at the Patients Out of Time Conference? |
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