[ASA Field]

ASA California Weekly Alert: June 13, 2008

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*Weekly Round Up*
1a. Oral Arguments Heard in Appeal of /San Diego v. NORML/
b. Drew Carey Releases Video on DEA Raids & Medical Marijuana Use by Minors
c. Local Medical Marijuana Regulation Updates: Alameda, Del Norte & San Francisco

*Chapter and Affiliate Meetings*
2. Saturday, June 14, Willits: Mendocino County ASA Meeting
3. Tuesday, June 17, Sacramento: ASA Affiliate Compassionate Coalition Meeting
4. Thursday, June 19, Arcata: Humboldt County ASA Meeting
5. Saturday, June 21, Los Angeles: Special LA ASA Meeting on ASA's California Plan
6. Tuesday, June 24, San Francisco: San Francisco ASA Meeting
7. Wednesday, June 25, Oakland: East Bay ASA Meeting

*Court Support*
8. Monday, June 16, Fresno: Motion for a Speedy Trial Hearing for Luke Scarmazzo & Richard Montes

*Special Events*
9. Tuesday, June 17, San Fransisco: Come Meet ASA's Chief Counsel and California Director

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California Icon Weekly Round Up

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1a. Oral Arguments Heard in Appeal of /San Diego v. NORML/

/by Joe Elford, ASA Chief Counsel/

On June 10, 2008, the Court of Appeal for the Fourth Appellate District heard oral argument in the case of /San Diego v. NORML, /et al. The case pits the Counties of San Diego and San Bernardino against the State of California, Americans for Safe Access, the ACLU Drug Policy Reform Project, and other medical marijuana patients and advocates. The Counties are contending that California's medical marijuana laws, in particular its medical marijuana identification card program, are preempted by federal law. Also, San Bernardino contends that SB420, which was enacted by the Legislature in 2003, represents an unconstitutional amendment of the Compassionate Use Act, which is a voter-approved initiative. ASA's side prevailed at the Superior Court.

At the oral argument, television cameras were permitted in the courtroom to record the proceedings, which the Presiding Justice described as very unusual. The courtroom was packed, so the court had to create an overflow room where onlookers could watch the proceedings on closed-circuit television. The justices asked several questions of the Counties, but very few of ASA's side -- none to ASA or the ACLU. Five attorneys argued -- one from each of the Counties; a Deputy Attorney General for the State; Joe Elford, Chief Counsel, for Americans for Safe Access and the patient-intervenors; and Adam Wolf of the ACLU for NORML and other intervenors. A decision is expected within 90 days.

Please read an extensive report on the hearing and a follow up community meeting at Hope Unlimited's site <http://hopeisunlimited.blogspot.com/2008/06/americans-for-safe-access-argues.html>.

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b. Drew Carey Releases Video on DEA Raids & Medical Marijuana Use
by Minors

This week, reason.tv released its second video on medical marijuana, featuring Drew Carey talking about one young man's battle with cancer and use of medical marijuana. While his parents approved of his medicine, the DEA did not and shut down his local dispensary:

Owen's parents knew the idea of giving medical marijuana to a
17-year-old strikes many people as scandalous. Local Sheriff Pat
Hedges even asserts that allowing medical marijuana is "not in the
best interest of a community that prides itself on providing a
healthy, family environment."

But the Becks weren't concerned about what other people thought;
they were focused on helping their son. So with a written doctor
recommendation in hand, they purchased medical marijuana for their
teenage son. The new medication eased Owen's pain and nausea like
nothing else had, and the Becks grew fond of Charlie Lynch, who
would sometimes refuse payment because, says Steve Beck, "He was
just a compassionate kind of a guy."

But one day, Owen's life took another abrupt turn. Federal agents
and local sheriff deputies raided Charlie Lynch's dispensary, and
seized nearly everything inside, including Owen's medicine. "He had
a prescription from a doctor at Stanford, and they took his stuff!"
says Debbie Beck. Federal agents cuffed Lynch, and put him behind
bars. Even though state and local laws allow for it, medical
marijuana is still illegal under federal law. And because he had
clients like Owen who were under age 21, Charlie Lynch faces
heightened penalties. In California the average first-degree murder
serves 20 years behind bars; Charlie Lynch could face a sentence as
long as 100 years in prison.

To read more and to watch this video, please visit ASA's blog post about the video <http://americansforsafeaccess.org/blog/?p=110>.

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c. Local Medical Marijuana Regulation Updates: Alameda, Del Norte
& San Francisco

*/Alameda County Delays Hearing on Dispensary Regulations/*

On Tuesday, the Alameda County Board of Supervisors was scheduled to discuss amendments to the county's dispensary ordinance. Some of the proposed amendments would have greatly limited access in the county, including a provision that would have banned the provision of edibles and some types of concentrated cannabis at dispensaries.

ASA, Berkeley Patients' Group, Harborside, and We Are Hemp did outreach to Alameda County residents and approximately twenty patients and supporters attended the hearing to speak out in support of safe access. The hearing was delayed until July 8th, giving advocates more time to work with the County Health Department to protect edibles. Thanks to everyone who came to the hearing - we hope to see you all there again on July 8th!

*/Del Norte County Set to Remove Medical Marijuana Cultivation & Possession Limits/*

On Tuesday, the Del Norte County Board of Supervisors considered revising its medical marijuana ordinance, reducing cultivation limits from 99 plants to the state limits of 6 mature plants or 12 immature plants. However, in the wake of the recent ruling in /People v. Kelly/, which ruled the state limits to be unconstitutional, the supervisors scrapped this plan.

Instead, they are proposing an ordinance that would completely remove county limits on medical marijuana cultivation and possession. This plan is still being opposed by patient advocates though, as reported in The Daily Triplicate:

"It's got a good side and it's got a bad side," said Michael
McCauley, local chapter coordinator for Americans for Safe Access
Now, an advocacy group for medical marijuana.

He said the new ordinance, if approved, gives law enforcement too
much discretion in determining what is an appropriate amount of
medical marijuana for a patient to have.

"I think it places the reasonableness on local sheriffs and law
enforcement," McCauley said, adding there needs to be some sort of
guidelines to ensure the safety of the patients.

"They need to have standards to go by and they need to work with the
patient community to come up with those standards," McCauley said.
"They don't need to arrest sick people."

Visit The Daily Triplicate <http://www.triplicate.com/news/story.cfm?story_no=9091> to read their full story.

*/More Than Two Years After Regulations Pass, First Storefront Dispensary Permit Issued in San Francisco/*

This week, Sanctuary became the first storefront dispensary in San Francisco to receive a permit from the city. Though dispensary regulations have been in place for more than two years, the permitting process has moved slowly, as dispensaries had to be approved by several city departments. Many dispensaries have invested tens of thousands of dollars to pay for the application fees and to renovate their facilities to bring them into compliance with the ordinance.

Twenty five San Francisco dispensaries have applied for permits and are at various stages in the process. Recently, the Board of Supervisors extended the deadline for obtaining a permit to January 2009. Though Sanctuary is the first storefront dispensary to receive a permit, The Green Cross Delivery Service received a permit from the city last year.

Read more about this story in the San Francisco Examiner <http://www.examiner.com/a-1439419%7EPot_clinic_to_become_a_legitimate_busine ss.html?cid=rss-San_Francisco>.

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Take Action Icon Chapter and Affiliate Meetings

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2. Saturday, June 14, Willits: Mendocino County ASA Meeting

Join Mendocino ASA as we discuss important local, state, and national medical cannabis issues.

When: 2:00pm
Where: The Ping Pong Club at 475 E. Valley Rd. in Willits

For more information, contact Bruce: Mendobruce@yahoo.com

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3. Tuesday, June 17, Sacramento: ASA Affiliate Compassionate
Coalition Meeting

There are several medical marijuana activities over the next month. Please come and find out how you can get involved.

When: Tuesday the 17th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento

For more information, contact Nathan@CompassionateCoalition.org

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4. Thursday, June 19, Arcata: Humboldt County ASA Meeting

Please come out and join Humboldt County ASA as we fight to protect safe access in our community and beyond.

When:6 p.m.
Where: In the community recreation room of the Bayview Courtyard Senior Housing Complex at 550 Union Street, Arcata.

For more info, contact: asa-humboldt@sbcglobal.net
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5. Saturday, June 21, Los Angeles: Special LA ASA Meeting on ASA's
California Plan

*"The California Plan"*

Please join us for a special meeting of the Los Angeles Chapter of Americans for Safe Access on Saturday, June 21. As part of his statewide tour, California Director Don Duncan will be discussing ASA's progress in California and the next steps for protecting and expanding patients' rights. Don will be returning to LA from meeting with California Senators at the Capitol, so come hear the very latest news!

*Who: *This is a meeting that every medical cannabis advocate in the Los Angeles area should attend
* *
*What:* Special Los Angeles Chapter Americans for Safe Access Meeting with California Director Don Duncan

*When:* 1:00 PM, Saturday, June 21, 2008

*Where:* Patient ID Center, 470 S. San Vicente Blvd. Los Angeles, CA 90048-4107

*How do I get more Info:* Visit http://www.ASAaction.org <http://www.asaaction.org/> or email _don@safeaccessnow.org_

*Some of the topics he will cover include:*
*? *ASA landmark victory in the California Appeals Court, which help that wrongfully confiscated medicine must be returned -- despite federal law!

*? *The California Assembly approved ASA sponsored legislation to protect legal patients from employment discrimination (AB 2279). How ASA plans to accomplish the next steps, passing the Senate, and getting signed by the Governor this year.

*? *Together we will work on local strategy for grassroots opposition to DEA interference. Find out about ASA's efforts already underway in Sacramento and Washington, DC, to stop the raids once and for all.

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6. Tuesday, June 24, San Francisco: San Francisco ASA Meeting

Join us for our ASA SF patient activist meeting at our usual meeting space, Bowzers Pizza on 11th at Harrison. We will discuss the latest in medical cannabis politics, laws, science, and activism.

When: Tuesday, the 27th 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, June 25, Oakland: East Bay ASA Meeting

Please come and join the East Bay ASA crew as we discuss important local, state, and national medical cannabis issues! We will also be focusing on proposed changes to the Alameda County dispensary ordinance, and upcoming East Bay court support.

When: Wednesday, the 25th at 7:00pm
Where: ASA Headquarters Office
1322 Webster Street, Suite 402, Downtown Oakland (2 blocks from 12th St. BART station!)

For more information, contact Rebecca@AmericansforSafeAccess.org

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Patients Rights Icon Court Support

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8. Monday, June 16, Fresno: Motion for a Speedy Trial Hearing for
Luke Scarmazzo & Richard Montes

Motion for a Speedy Trial Hearing for Retrial on Conspiracy count at 1:30pm before Judge Oliver Wanger in U.S. District Court (E.D., CA) <http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&ad dr=2500+Tulare+Street&csz=fresno%2C+CA+95814-7300&country=us&Get%A0Map=Get+Map>, 2500 Tulare Street, Fresno, CA. 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. In 2007 and early 2008, Bradley Heinmiller, Bradley Wickliffe and Stephen DeMattos pled guilty, while the other six defendants (Scarmazzo, Montes, Monica Valencia, Lucky Boissiere, Jose Malagon, and Antonio Malagon) remained to stand trial. After a special hearing, Judge Wanger decided to allow the prosecution to play the "Businessman" music video in front of the jury during the trial. On April 27, 2008, the day before the trial was scheduled to commence, Boissiere, Valencia, and the Malagon brothers accepted plea bargains. Boissiere & Valencia pled guilty to possession with intent to distribute marijuana and the Malagon brothers pled guilty to conspiring to manufacture and distribute marijuana and agreed to testify against Scarmazzo & Montes. At the trial, Scarmazzo took the stand, and was able to present evidence of medical marijuana but it was to no avail, and on May 15, 2008, the jury returned its verdicts. While the jurors had deadlocked on the conspiracy counts and acquitted on the firearms counts, they delivered a grand total of eight guilty verdicts against the defendants, including a conviction for continuing criminal enterprise, which puts Scarmazzo and Montes at risk of life imprisonment. At the end the trial, both defendants were literally wrested out of the arms of their families and taken into the custody of U.S. Marshals because of the severity of the penalties. Several jurors, upon learning the severity of the possible penalties, expressed reservations about their votes to convict and the legitimacy of medical marijuana prosecutions. Prosecutors have already successfully seized $200,000 and are seeking $9.2 million in forfeiture. The U.S. Attorney has decided to proceed with a retrial on the remaining conspiracy count. For more information, please see the consistently excellent Vanessa Nelson <http://www.medicalmarijuanaofamerica.com/content/category/9/60/111/>.

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Marijuana Icon Special Events

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9. Tuesday, June 17, San Fransisco: Come Meet ASA's Chief Counsel
and California Director

Offering updates on statewide successes, goals, and local strategies for Emergency Response

*Who: *This is a meeting that every medical cannabis advocate in the San Francisco area should attend
* *
*What:* Special San Francisco Chapter American's for Safe Access Meeting with
ASA Chief Counsel Joe Elford & California Director Don Duncan

*When:* 7:00 PM, Tuesday, June 17^th 2008

*Where:* Women's Building, 3543 18^th Street
between Valencia & Guerrero in San Francisco
2^nd Floor, Elevator Accessible

*How do I get more Info:* call 510-251-1856 or email sarah@safeaccessnow.org <mailto:sarah@safeaccessnow.org> or _don@safeaccessnow.org <mailto:don@safeaccessnow.org>_

*Speakers:* ASA Staff Counsel *Joe Elford* will be at the meeting to answer your questions about our ongoing efforts working on state and federal medical cannabis laws.* Don Duncan*, from ASA's board of directors will also be attending to tell you about our California Campaign to protect and expand patients' rights.

*Some of the topics they'll cover include:*

*? *ASA landmark victory in the California Appeals Court, which help that wrongfully confiscated medicine must be returned -- despite federal law!

*? *The California Assembly approved ASA sponsored legislation to protect legal patients from employment discrimination (AB 2279). How ASA plans to accomplish the next steps, passing the Senate, and getting signed by the Governor this year.

*? *Together we will work on local strategy for grassroots opposition to DEA interference. Find out about ASA's efforts already underway in Sacramento and Washington, DC, to stop the raids once and for all.
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