[ASA Field]

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ASA California Weekly Alert: May 1, 2008
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****Click here to Take Action to Ensure Patients' Employment Rights!****
<http://www.AmericansforSafeAccess.org/AB2279Action>
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*Weekly Round Up*
1. a. Berkeley Mayor Takes a Stand Against DEA Raids
b. Law Enforcement Non-Cooperation Act Passes Committee
c. DEA and LAPD Raid San Fernando Valley Collectives
d. California Healthcare Collective Defendants Take Plea Deals-
Leaving Two to Go to Trial
e. San Luis Obispo Sheriff's Department Returns Patient's Medicine

*Take Action*
2. *This is Your Last Chance to Contact Your Assembly Member for
Employment Rights! <http://www.AmericansforSafeAccess.org/AB2279Action>*

*ASA's Legal Tip of the Month*
*3. Cultivation with Multiple Recommendations: Part 2 of 2: The
Collective/Cooperative Model*

*Chapter and Affiliate Meetings*
4. Tuesday, May 6, Sacramento: Sacramento ASA Meeting
5. Tuesday, May 12, San Diego: San Diego ASA Meeting
6. Tuesday, May 12, San Francisco: San Francisco ASA Meeting
7. Wednesday, May 13, Newport Beach: Orange County ASA Meeting

*City and County Hearings *
8. Tuesday, May 6, Redondo Beach: City Council to Consider Dispensary Ban
9. Wednesday, May 7, San Francisco: Board of Appeals Hearing for
Re-leaf Center

*Court Support*
10. Friday, May 2, San Diego: Sentencing Hearing for Nathan Archer
11. Monday, May 5-May 15, Fresno: Trial for Luke Scarmazzo and Ricardo
Ruiz Montes
12. Tuesday, May 6, Sacramento: Status Hearing for Mike Lombardo

*Special Events*
13. Saturday, May 3, Santa Rosa: Special Screenings of Waiting to Inhale

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California Icon Weekly Round Up
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1. a. Berkeley Mayor Takes a Stand for Patients and Caregivers
*From Becky DeKeuster, Berkeley Patients Group*

Berkeley Mayor Tom Bates this week joined Oakland's Ron Dellums and San
Francisco's Gavin Newsom in urging Representative John Conyers, Chairman
of the House Judiciary Committee, to hold Congressional oversight
hearings into attempts by the Drug Enforcement Administration (DEA) to
undermine state and local medical marijuana laws. Bates' letter
references a unanimous City Council resolution on January 29, 2008
declaring Berkeley "a sanctuary for medical marijuana patients,
providers, and landlords," and mentions that other cities have taken
similar steps.

The letter calls Berkeley's three medical marijuana dispensaries
"regulated, tax-paying members of our community," and says they
"maintain clean, safe properties and play an active role in Berkeley's
civic life." It then cites the DEA's "aggressive tactics" and Berkeley's
"strong opposition" to federal interference as reasons for swift hearings.
Since 2007, more than 50 dispensaries have been raided by federal agents
and their assets forfeited---including, in many cases, sales tax
collections due to the state. In July 2007, landlords renting to
dispensaries began receiving letters from the DEA, threatening them with
forfeiture and imprisonment. Many have chosen to evict, although no
federal action has been taken against a landlord since the letters went out.

In addition to Dellums, Newsom, and Bates, Mayor John Duran of West
Hollywood and Mayor Ryan Coonerty of Santa Cruz have also sent letters
urging Conyers to set a date for Congressional hearings.

Read about the Mayor's statement and letter in the Daily Californian
<http://www.dailycal.org/article/101540/mayor_s_letter_calls_for_hearings_of_dea>

For more information, contact: info@AmericansforSafeAccess.org

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b. Law Enforcement Non-Cooperation Act Passes Committee

On Tuesday, AB 2734, the law enforcement non-cooperation bill, passed
out of the California State Assembly's Committee on Public Safety. AB
2743, introduced by Assebmlymember Lori Saldaña, would prohibit local
and state law enforcement from cooperating with the federal government
in enforcement actions against medical cannabis patients and/or
providers. ASA has been working with MPP and several other medical
cannabis advocates to ensure that this bill passes through committee and
moves forward towards Assembly and Senate votes. The committee heard
testimony from MPP's Aaron Smith, raided collective operator Addison
DeMoura, Deborah Pottle, a disabled former corrections officer who
received her medicine from DeMoura's collective, and Dr. Mollie Fry and
Dale Schafer, who are now facing 5 years in federal prison following a
DEA raid on their garden.

Passing out of the Committee on Public Safety is an important step
towards barring local California law enforcement from cooperating with
the federal government on medical cannabis enforcement. The bill is now
headed to the California State Assembly's Committee on Appropriations.
Please look for upcoming news about this important piece of legislation.

For more information on AB 2734, please visit
www.AmericansforSafeAccess.org/AB2743

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c. DEA and LAPD Raid Valley Collective
From California Director, Don Duncan

This week, Los Angeles Police Officers and DEA Agents raided several
collectives in the Los Angeles area. First, the operator at Ashmoon in
the San Fernando Valley reported to ASA that the LAPD raided his
collective Monday night saying that his patients were "too young." The
next day, ASA received eye witness reports that there were three DEA
raids on Tuesday afternoon in Northridge, Studio City, and Sherman Oaks.
Staff at the collective in Northridge reported one arrest or detention.
ASA has not heard reports from the other locations.
All of the raids this week were conducted at rapid speed, as to avoid
patient protests and media coverage. This new tactic is similar to last
week's raid on Herbal Nutrition Center and other raids which occurred
earlier in the year.

If you have any additional information about these raids please send it
to Info@AmericansforSafeAccess.org

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d. California Healthcare Collective Defendants Take Plea Deals-
Leaving Two to go to Trial

This week, California Healthcare Collective(CHC) defendants, Lucky
Boissiere, followed by brothers Jose and Antonio Malagon, and Monica
Valencia took plea bargons Monday in Federal Court- a day before their
trial was scheduled to commence. The Malagon brothers plead guilty to
conspiring to manufacture and distribute marijuana. Their sentencing
hearing is scheduled for July 14th. Boissiere plead guilty to to
possession with the intent to distribute marijuana. His sentencing
hearing is scheduled for July 27th. Valencia plead guilt to possession
with intent to distribute marijuana and will be sentenced on August 18th.
On September 27, 2006, the DEA raided the collective and arrested four
people (owner-operators Luke Scarmazzo and Ricardo Montes and two staff
members) on charges of distribution of marijuana and conspiracy to
distribute. Scarmazzo and Montes were also charged with possession of
firearms and money laundering. Later, an additional five people were
indicted, bringing the total to nine people being prosecuted by the
federal government. In the raid, the DEA allegedly seized more than 100
pounds of marijuana, one thousand plants, multiple firearms, and more
than $200,000 in cash. The raids were the result of a 15-month
investigation between the DEA and the Modesto Police Department.

According to the Modesto Bee article
<http://www.modbee.com/local/story/283178.html>, Boissiere, along with
other CHC employess who took plea bargons in January and October are on
the government's witness list and will be testifying against the
remaining CHC defendants, Ricardo Ruiz Montes and Luke Scarmazzo who, if
convicted could face up to 20 years in federal prison. See below in the
Court Support section for Montes' and Scarmazzo's trial dates.

Read more about the California Healthcare Collective defendants' cases
in Vanessa Nelson's article.
<http://www.medicalmarijuanaofamerica.com/content/view/211/>

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e. San Luis Obispo Sheriff's Department Returns Patient's Medicine

This week a San Luis Obispo medical cannabis patient received his glass
pipe and small amount of medicine back from local law enforcement. The
patient, Craig Steffens, filed a return of property request following
the confiscation of his medicine by a local police officer in October.
The Sheriff's Department returned the property after being threatened
with contempt of court.

The Sheriff's department put a hold on returning the property pending
the /Garden Grove v. Superior Court /appellate decision. ASA's landmark
litigation establishes patients' right to the return of wrongfully
seized medical cannabis was affirmed by the California Supreme Court on
March 19. Following the California Supreme Court's decision to not
de-publish the Kha case, the department was then forced to return the
medicine back to Steffens.

Read more about the San Luis Obispo Sherriff's Department returning
Steffens' property on KSBY.com
<http://www.ksby.com/global/story.asp?s=8252953>.

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Take Action
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2. *This is Your Last Chance to Contact Your Assembly Member for
Employment Rights!
<http://www.AmericansforSafeAccess.org/AB2279Action>*

AB 2279, the Patients' Employments Rights Bill is up for a vote next
week! Please take action today to ensure that medical cannabis patients
are protected from employment discrimination. Contact your California
Assembly Member now.! Visit www.AmericansforSafeAccess.org/AB2279Action
to protect patients' rights!
For more information on AB 2279 go to: www.AmericansforSafeAccess.org/AB2279

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ASA' Legal Tip of the Month
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3. Cultivation with Multiple Recommendations: Part 2 of 2: The
Collective/Cooperative Mode

As a medical marijuana patient, you may only cultivate enough marijuana
for your personal medical use. The exception to this rule is if you
serve as a caregiver for other patients, or, alternatively, cultivate as
part of a collective. While many patients currently use the caregiver
model, it may be more appropriate for them to cultivate collectively.

According to Health and Safety Code § 11362.775, patients may associate
collectively or cooperatively to cultivate marijuana for medical
purposes without state criminal sanctions. There are many models for
medical marijuana collectives, all of which involve members contributing
labor, funds, and/or materials, in exchange for a share of the
medicine. Unlike the caregiver model, collectives do not require
members to demonstrate that they provide for the non-marijuana health
needs of other patients.

When forming a collective, all members should sign an agreement and
provide their physician's recommendations (see
www.AmericansforSafeAccess.org/LegalFAQ-Civil4 for a template). Post
these documents near the collective cultivation site.

Under California law, each qualified patient may cultivate and possess
at least 6 mature or 12 immature plants, and 8 oz. of dried marijuana
(or a greater threshold in some localities). Therefore, a collective
may cultivate and possess these amounts, multiplied by the number of
members.

Be aware that marijuana cultivation remains illegal under federal law
and, since federal statutory minimum sentences are triggered at 100
plants or 220 lbs. of medicine per cultivation site, you are more likely
to attract the attention of federal authorities if you exceed these
quantities.

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Chapter and Affiliate Meetings
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4. Tuesday, May 6, Sacramento: Sacramento ASA Meeting

California's medical cannabis bills are moving forward! Come find out
what you can do to ensure better medical cannabis laws in California.

When: Tuesday the 6th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento

For more information, contact Lanette at: cannacare@earthlink.net

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5. Tuesday, May 12, San Diego: San Diego ASA Meeting

San Diego ASA has been very busy lately. Come to the San Diego ASA
meeting where we will be discussing the latest medical cannabis issues.

When: 7:00pm
Where: International Cannabis University
6070 Mt. Alifan Suite 202
San Diego, CA 92111, Clairemont

For more information, contact Dion at 4cccp@cox.net
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6. Tuesday, May 12, San Francisco: San Francisco ASA Meeting

Join San Francisco ASA as we organize to protect safe access in San
Francisco! We will discuss the latest in medical cannabis politics,
laws, science and activism and follow up on the city-wide Stand Up
Newsom Campaign.

When: Tuesday, the 12th at 7:30pm
Where: Bowzer's Pizza, 371 11th St in San Francisco

For more info, contact Alex: aaafranco@yahoo.com

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7. Wednesday, May 13, Newport Beach: Orange County ASA Meeting

Safe access has been under attack in Orange County and we need your help
us fight the war on patients. Please come out and show your support at
our monthly meeting!
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.
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City and County Hearings
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8. Tuesday, May 6, Redondo Beach: City Council to Discuss
Dispensary Ban

Redondo Beach City Council will consider a permanent ban on medical
cannabis dispensaries on May 6th. The city planning committee recently
recommended a permanent ban on dispensaries and the city council will
discuss a potential ban. Please come out and show your support for safe
access!

Download ASA's talking points about dispensary regulations.
<http://www.safeaccessnow.org/article.php?id=2717>

When: May 6 at 6:30pm
Where: City Council Chambers, 415 Diamond Street
Redondo Beach, CA

For more information contact Info@AmericansforSafeAccess.org

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9. Wednesday, May 7, San Francisco: Board of Appeals Hearing for
Re-leaf Center

Please come and support the medical cannabis dispensing collective,
Re-leaf Center, at their upcoming hearing. The collective is in the
process of relocating and has a hearing to determine whether they will
be able to to remain open while continuing work towards relocating to
9th and Mission. Re-leaf continues to act in good faith to move quickly
in the relocation process. Pleases come and show your suppoort!

When: Wednesday, the 7th at 5:00 p.m.
Where: San Francisco City Hall <http://www.sfgov.org/cityhall/map.htm>,
1 Dr. Carlton B. Goodlett Place, Room 41

For more information contact Sarah@AmericansforSafeAccess.org

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Court Support
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10. Friday, May 2, 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.

When: May 2, Please call (619) 531-4420 for exact time information.
Where: Before Judge Kerry Wells in San Diego County Superior Court,
Central Courthouse at 220 West Broadway, Department 36 in San Diego

For more information contact Info@AmericansforSafeAccess.org

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11. Monday, May 5-May 15, Fresno: Trial for Luke Scarmazzo and
Ricardo Ruiz Montes

After the City of Modesto failed to shut down the California Healthcare
Collective by banning dispensaries, it called in the DEA. On September
27, 2006, the DEA raided the collective and arrested four people
(owner-operators Luke Scarmazzo and Ricardo Montes and two staff
members) on charges of distribution of marijuana and conspiracy to
distribute. Scarmazzo and Montes were also charged with possession of
firearms and money laundering. Later, an additional five people were
indicted, bringing the total to nine people being prosecuted by the
federal government. In the raid, the DEA allegedly seized more than 100
pounds of marijuana, one thousand plants, multiple firearms, and more
than $200,000 in cash. The raids were the result of a 15-month
investigation between the DEA and the Modesto Police Department. Since
Judge O'Neill finally decided to release Monica Valencia on bail after 7
months in jail, all defendants have been released on bail pending trial.
Recently, Lucky Boissiere, Jose and Antonio Malagon, Monica Valencia,
Bradley Heinmiller, Bradley Wickliffe and Stephen DeMattos have pled
guilty to avoid trial, and two defendants (Scarmazzo and Montes) are in
trial. For more info, see Vanessa Nelson's article
<http://www.medicalmarijuanaofamerica.com/content/view/213/1/>. Please
come out and show your support!

When: Monday, May 5-15* 9:00am-5:00pm
Where: Before Judge Oliver Wagner in U.S. District Court (E.D., CA)
2500 Tulare Street, Fresno, CA

*Excluding Fridays

For more information, contact Info@AmericansforSafeAccess.org

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12. Tuesday, May 6, Sacramento: Status Hearing for Mike Lombardo

On September 13, 2007, the Nevada County Sheriffs called in the DEA and
they jointly raided the residence of 50-year old chronic pain sufferer
Lombardo in Big Oak Valley, confiscating a mere 65 plants, and charging
him with cultivation w/ intent to sell. The federal government is also
proceeding with asset forfeiture.

When: May 6 at 9:30am
Where: Before Judge Lawrence K. Karlton
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 Info@AmericansforSafeAccess.org

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Special Events
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13. Saturday, May 3, Santa Rosa: Special Screenings of Waiting to
Inhale

Filmmakers Jed Riffe, Maureen Gosling, Kat Covell, and Vincente Franco
will be showing their final Bay Area screening of /Waiting to Inhale/
this weekend in Santa Rosa. Award-winning film Waiting to Inhale, the
first documentary on the movement to legalize marijuana as a medicine,
premieres in the San Francisco Bay Area. Filmmaker Jed Riffe (Ishi, the
Last Yahi, Who Owns the Past?) returns with his latest and most
controversial feature length documentary yet.

Waiting to Inhale explores the battle between patients, doctors,
activists and the United States government over the legalization of
medical cannabis. Providing exclusive access to individuals whose
powerful stories have never made it to the front pages, the filmmaker
takes us inside a world where critically ill patients are arrested at
gunpoint for growing the only effective medicine for their pain.

Santa Rosa Fairgrounds: Saturday, May 3rd at 12:30pm- Waiting to Inhale
Screening at Worldwide Medical Marijuana March at Sonoma County
Fairgrounds, featuring ASA's Sarah Shrader as a panelist.

That little bit about Ashmoon's problem was complaints of them selling to to young patients is not good,.

This is a Problem, & needs to be addressed..

I''ve said it many times MMJ patients should be a Min of 21,.
Teenage years are 13-19 ..
I see it in the clubs and the Doctors offices,
Makes me mad, and if anything these kid's are going to ruin it for everyone,.

How these kid's can be in such serious pain is beyond me,.
they walk and talk just fine,.
16 and 17 year old's with their parents permission to use MMJ is crap, something needs to be done about it,.

please !!

[ASA Field]

Originally Posted by Yoda

That little bit about Ashmoon's problem was complaints of them selling to to young patients is not good,.

This is a Problem, & needs to be addressed..

I''ve said it many times MMJ patients should be a Min of 21,.
Teenage years are 13-19 ..
I see it in the clubs and the Doctors offices,
Makes me mad, and if anything these kid's are going to ruin it for everyone,.

How these kid's can be in such serious pain is beyond me,.
they walk and talk just fine,.
16 and 17 year old's with their parents permission to use MMJ is crap, something needs to be done about it,.

please !!

First, you need to consider it's the cops who said the patients look too young. Just because cops think someone's too young, doesn't mean they are.

There are several other things to consider here:

- Chronic illnesses effect people of every age. A close friend of mine who's 26 has cancer - she was diagnosed when she was 25. Another friend of mine who's in his mid twenties has arthritis - he was diagnosed with arthritis when he was a teenager.
- As long as a minor has a parent's permission, there's no reason he/she shouldn't be able to access medicine that helps.
- Why should we hold medical marijuana to a different standard for measuring adulthood? If you can buy cigarettes and fight in the army when you're 18, I think you're capable of choosing your medicine with the help of a doctor.
- People who are sick often don't look sick. Example: ASA's executive director looks young and healthy. Unless she's having a particularly bad day when she can't move, you wouldn't know that she's in constant pain due to serious back injuries.
- Law enforcement should NEVER decide if a patient is sick enough or old enough to use medical cannabis. That should be determined by the patient, a doctor, and, if the patient's a minor, his/her parents.

Oh I'm completely behind the people who deserve it, and have lagitimate proven clinical problems,. @13,.. sure no problem,..

I Have Rheumatoid Arthritis, for the last 5 years,.
I've done and do my time with real doctors,.

I'm talking about,.
There is a small percentage of patients tho who just want a Dr's Rec just to Party,. making up an excuse,..
these are the guy's I'm talking about,.
I'm tired of sitting back and not saying anything about it,
it's not right, and gives the rest of us a bad report..

Someone else has to agree, and see what I see,..

[FARMER]

Originally Posted by Yoda

That little bit about Ashmoon's problem was complaints of them selling to to young patients is not good,.

This is a Problem, & needs to be addressed..

I''ve said it many times MMJ patients should be a Min of 21,.
Teenage years are 13-19 ..
I see it in the clubs and the Doctors offices,
Makes me mad, and if anything these kid's are going to ruin it for everyone,.

How these kid's can be in such serious pain is beyond me,.
they walk and talk just fine,.
16 and 17 year old's with their parents permission to use MMJ is crap, something needs to be done about it,.

please !!

EXACTLY!!! REGULATION=INTEGRITY=RESPECT FOR OUR MMJ COMMUNITY IN THE EYES OF THOSE OUTSIDE IT!

Besides, don't you have to be at least twenty-one to medicate with alcohol? Jus' checkin'?