[ASA Field]

ASA California Weekly Alert: May 9, 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. US House Judiciary Chairman Questions DEA Medical Marijuana Tactics
b. Federal Government Presents its Case in California Healthcare Collective Trial
c. Former Dispensary Operator Pleads Guilty to Federal Charges

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

*Chapter and Affiliate Meetings*
3. Monday, May 12, Fresno: Fresno ASA Meeting
4. Tuesday, May 13, San Diego: San Diego ASA Meeting
5. Tuesday, May 13, San Francisco: San Francisco ASA Meeting
6. Wednesday, May 14, Newport Beach: Orange County ASA Meeting
7. Thursday, May 15, Arcata: Humboldt County ASA Meeting
8. Saturday, May 17, Los Angeles: LA ASA Meeting

*City and County Hearings *
9. Tuesday, May 13, Claremont: City Council to Discuss Dispensary Ordinance

*Court Support*
10. Monday-Thursday, May 12-May 15, Fresno: Trial for Luke Scarmazzo and Ricardo Ruiz Montes


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Weekly Round Up

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1. a. US House Judiciary Chairman Questions DEA Medical Marijuana
Tactics

**

ASA's ongoing campaign to hold the Drug Enforcement Administration (DEA) accountable for its continued efforts to undermine state medical marijuana laws is working. We are pleased to announce that US House Judiciary Committee Chairman John Conyers (D-MI) has sent a letter to DEA Acting Administrator Michele Leonhart challenging the DEA's actions!

As a follow-up to a public statement he made in December, Chairman Conyers' letter questions DEA directly about its heightened raid activity across California and its intimidation of property owners owners with threats of prosecution and asset forfeiture because they rent to medical cannabis dispensaries. This letter is an important and necessary step towards Congressional hearings by the House Judiciary Committee, which oversees the actions of the DEA.

ASA has worked closely with the House Judiciary Committee for the past several months to help produce this letter. Our work was bolstered by a statewide effort to get California's elected officials to call for an end to the harmful tactics of the DEA. ASA and its allies were successful in garnering strong letters of support from several elected officials, urging Chairman Conyers to hold hearings. Among those who spoke up were Orange County Supervisor Chris Norby, Los Angeles City Councilmember Dennis Zine, and the mayors of Berkeley <http://safeaccessnow.org/downloads/Bates_Letter_to_Conyers.pdf>, Oakland <http://safeaccessnow.org/downloads/Dellums_Letter_to_Conyers.pdf>, San Francisco <http://safeaccessnow.org/downloads/Newsom_Letter_to_Conyers.pdf>, Santa Cruz <http://safeaccessnow.org/downloads/Santa_Cruz_Mayor_Letter_to_Conyers.pdf>, and West Hollywood <http://safeaccessnow.org/downloads/mayor_duran_letter_conyers.pdf>.

Thanks to all of the California activists that worked with their local officials and with Chairman Conyers on this campaign. A special thanks goes out to Shona Gochenaur, Axis of Love; Dege Coutee, Patients Advocacy Network; San Francisco ASA; Becky DeKeuster, Berkeley Patients Group; Attorney James Anthony; and Lisa Molyneux, Greenway Compassionate Relief.

Please visit www.AmericansForSafeAccess.org/ConyersLetter to read the letter from Chairman Conyers. The San Francisco Chronicle covered the story, which you can read here <http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/07/MN7C10IO0L.DTL>.

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b. Federal Government Presents its Case in California Healthcare
Collective Trial

During the past week, Luke Scarmazzo and Ricardo Montes have faced trial for their involvement in the California Healthcare Collective dispensary in Modesto. 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. 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 on trial.

Federal prosecutors called several witnesses to the stand, including former dispensary managers and law enforcement officers. They focused heavily on the amount of money the dispensary brought in, trying to make the case that Scarmazzo and Montes profited heavily. They ended their case by showing a hip-hop video Scarmazzo had made before being raided, in which Scarmazzo sharply spoke out against authorities.

On Thursday, the defense began to argue its case. Both defendants took to the stand, but prosecutors continuously protested their choice of words, such as describing what they did as "legal" and calling marijuana "medicine."

Vanessa Nelson has been closely following the trial, and you can read these detailed accounts at www.MedicalMarijuanaOfAmerica.com:

Opening Statements In CHC Trial Reveal Government Weakness
<http://www.medicalmarijuanaofamerica.com/content/view/213/1/>
Local Cops Take the Stand in CHC Trial
<http://www.medicalmarijuanaofamerica.com/content/view/214/1/>
Sheriff's Deputy Testifies About Undercover Buy at CHC
<http://www.medicalmarijuanaofamerica.com/content/view/215/1/>
Government Rests Its Case in CHC Trial, Shows Scarmazzo Rap Video
<http://www.medicalmarijuanaofamerica.com/content/view/216/1/>

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c. Former Dispensary Operator Pleads Guilty to Federal Charges

On Tuesday, Richard Marino pleaded guilty to federal charges of drug conspiracy and money laundering. Marino had reached a plea deal to serve between 3 1/2 to five years. If he had taken the case to trial, he would not have been allowed to bring up a medical marijuana defense.

Marino, a former Roseville dispensary operator, was raided on September 3, 2004 at Capitol Compassionate Care Center and at his home in Newcastle, CA. DEA agents allegedly seized 250 plants, 20 pounds of processed medical marijuana, and more than $100,000. Criminal charges were not filed for more than a year and a half, but on January 13, 2006, Marino was indicted for conspiracy to distribute marijuana, possession with the intent to distribute marijuana, manufacturing marijuana, and money laundering. The federal government also has forfeiture proceedings pending on Marino's home and the facility in which Marino ran his business.

Marino's sentencing has been set for July 22, and he will remain free on bail until then.

Please read the Sacramento Bee article <http://www.sacbee.com/102/story/917003.html> about the case for more information.
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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, was scheduled for a floor vote yesterday, but the vote has been postponed until Monday. 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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Chapter and Affiliate Meetings

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3. Monday, May 12, Fresno: Fresno ASA Meeting

Join Fresno ASA to discuss important regional, state and national issues.

When: 6:00pm
Where: Fig Garden Regional Library
3071 W. Bullard Ave in Fresno

For more information, email fresnocagal@sbcglobal.net
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4. Tuesday, May 13, 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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5. Tuesday, May 13, 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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6. Wednesday, May 14, 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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*7. Thursday, May 15, Arcata: Humboldt County ASA Meeting*

This month ASA Humboldt invites the public to come and view the movie, "SUPER HIGH ME."

"Super High Me" features comedian Doug Benson and explores the current situation with medical marijuana in California and the United States, specifically focusing on the conflict between federal and state law and the explosive growth in medical marijuana dispensaries in Los Angeles over the past two years.

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
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*8. Saturday, May 17, Los Angeles: LA ASA Meeting*

Join Los Angeles ASA to plan for upcoming events and campaigns.

When: 1:00pm
Where: Patient ID Center
470 S. San Vicente Blvd., Los Angeles
(Cross street is Drexel, between Wilshire & 3rd St.)

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City and County Hearings

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9. Tuesday, May 13, Claremont: City Council to Discuss Dispensary
Ordinance

The Claremont City Council will consider an ordinance regulating medical cannabis dispensaries on May 13th. 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 13 at 7:00pm
Where: City Council Chambers, 225 W. Second Street
Claremont, CA

For more information contact Info@AmericansforSafeAccess.org


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*Court Support*
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10. Monday-Thursday, May 12-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 on trial. Please come out and show your support!

When: Monday-Thursday, May 12-15 9:00am-5:00pm
Where: Before Judge Oliver Wagner in U.S. District Court (E.D., CA)
2500 Tulare Street, Fresno, CA

For more information, contact Info@AmericansforSafeAccess.org