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ASA California Weekly Alert: June 6, 2008

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*Weekly Round Up*
1a. Malibu Planning Commission Votes to Allow and Regulate Medical Marijuana Dispensaries
b. Los Angeles Medical Marijuana Dispensary Operator Pleads Not Guilty to Federal Charges
c. Measure B Appears to Pass in Mendocino County, Lowering Plant Limits, but Final Votes Yet to Be Counted

*Legal Tip of the Month*
2. People v. Kelly: What Does it Mean to Me?

*Chapter and Affiliate Meetings*
3. Tuesday, June 10, San Diego: San Diego ASA Meeting with Special Guests Joe Elford & Don Duncan
4. Tuesday, June 10, Fresno: Fresno ASA Meeting
5. Tuesday, June 10, San Francisco: San Francisco ASA Meeting
6. Wednesday, June 11, Newport Beach: Orange County ASA Meeting
7. Saturday, June 14, Willits: Mendocino County ASA Meeting
8. Tuesday, June 17, Sacramento: ASA Affiliate Compassionate Coalition Meeting
9. Thursday, June 19, Arcata: Humboldt County ASA Meeting

*City and County Hearings*
10. Tuesday, June 10, Oakland: Alameda County Board of Supervisors to Discuss Revising Dispensary Ordinance

*Court Support*
11. Tuesday, June 10, San Diego: County of San Diego et al. v. San Diego NORML et al.
12. Monday, June 16, Fresno: Motion for a Speedy Trial Hearing for Luke Scarmazzo & Richard Montes


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California Icon Weekly Round Up

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1a. Malibu Planning Commission Votes to Allow and Regulate Medical
Marijuana Dispensaries

/by Don Duncan, California Director/

On Tuesday, the Malibu Planning Commission rejected a recommendation by city staff to ban medical cannabis collectives and asked staff to return with a proposal to regulate as many as three facilities in the city. Commissioners heard from ASA representatives, patients, a doctor, and the attorneys for PCH Collective, one of two collectives operating in Malibu under the terms of the city's two-year-old moratorium. The attorney for PCH Collective submitted a petition with almost four hundred signatures calling for regulations instead of a ban.

Several Commissioners questioned me about regulations in other cities, conflicts with federal law, sales tax, and other details following public comments. No one from the public spoke in favor of a ban.

The Commissioners debated the issues at length before settling on a motion calling for strict regulations based on the ordinance recently adopted in Claremont. They also opted to allow up to three collectives after debating the need to prevent a proliferation of collectives while preserving competition to keep prices in check. It is unclear how quickly staff will return a recommendation for an ordinance, but the city's moratorium expires on June 25.

The operator and members of PCH Collective are to be commended for making a strong and professional showing at the hearing. They spent weeks lining up support and educating Commissioners. It was a text book example of effective organizing and advocacy. We can all be relieved that we are looking at one more city with regulations, and one less ban in California!

Read more about the hearing, including Don's testimony, in ASA's discussion forums <http://www.americansforsafeaccess.org/punbb/viewtopic.php?id=1320>.
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b. Los Angeles Medical Marijuana Dispensary Operator Pleads Not
Guilty to Federal Charges

On Monday, Virgil Grant and Psytra Grant plead not guilty to federal charges for illegally operating six medical marijuana dispensaries and for committing money laundering. This followed the DEA raids last week of the six dispensaries in Los Angeles that the Grants are being tied to. All six dispensaries had registered with City of Los Angeles under its moratorium regulations.

Psytra has been released on bail, but Virgil is still in custody. Their trial date has been set for July 22.

For more information, please read the Daily Breeze article <http://www.dailybreeze.com/news/ci_9460929?source=rss> about the hearing and last week's California Weekly Roundup about the raids <http://americansforsafeaccess.org/blog/?p=105>.

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c. Measure B Passes in Mendocino County, Lowering Plant Limits,
but Final Votes Yet to Be Counted

Voters in Mendocino went to the polls on Tuesday to vote on Measure B, which would lower the plant limits for medical marijuana patients from 25 plants to the state limit of 12 immature or six mature plants and eight ounces of dried marijuana. The measure appeared to pass, with 52% of voters voting for the measure and 48% voting against it.

However, it was soon revealed that more than 10,000 absentee and provisional ballots had yet to be counted. The County Clerk said it could take up to 28 days for all votes to be counted so the final outcome of Measure B might not be known for some time. Also, if the measure does pass, advocates plan to challenge it in court, based on the recent ruling in /People v. Kelly/ <http://americansforsafeaccess.org/blog/?p=104>.

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Legal Icon Legal Tip of the Month

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2. People v. Kelly: What Does it Mean to Me?

/By Noah Mamber, ASA Legal Services Coordinator/

On May 22, in /People v. Kelly/, the CA Court of Appeal for the 2nd Appellate District overturned defendant's conviction for possessing 12 oz. of marijuana. At trial, the prosecutor had successfully argued to the jury that Kelly's possession of the marijuana was illegal because he had exceeded the "caps established by Health & Safety Code § 11362.77 of S.B. 420" without a relevant doctor's exemption. The appellate court reversed the conviction because it found that the S.B. 420 guidelines were "caps" on the amount of marijuana a patient may possess and such "caps" were an unconstitutional amendment of Proposition 215.
This is a published decision, but it is likely that the CA Attorney General will file a request for review by the CA Supreme Court. It is ASA's position that the court achieved the right result (overturning the conviction), but used the wrong reasoning. While the S.B. 420 quantities would constitute an unconstitutional amendment of Proposition 215 if they limited the amount of marijuana a patient could possess, the California Supreme Court found, in /People v. Wright/, that the quantities are not "caps," but rather thresholds, and therefore not an unconstitutional amendment of a voter-approved initiative.

While this is a positive ruling for patients, and it demonstrates that another appellate court is willing to stand up for us, patients should not rely on this decision and everyone should continue to obey their county's guidelines, and obtain any appropriate exemptions.

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Take Action Icon Chapter and Affiliate Meetings

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3. Tuesday, June 10, San Diego: San Diego ASA Meeting with Special
Guests Joe Elford & Don Duncan

ASA Chief Counsel Joe Elford will be in San Diego for oral arguments in the San Diego county lawsuit seeking to roll back SB 420 on Tuesday, June 10. He will be talking about the case and answering questions that evening at the San Diego ASA meeting. Please join us for this opportunity to talk with the attorney who won important victories for patients against the California Highway Patrol and the City of Garden Grove. Joe is also pushing the boundaries for medical cannabis with lawsuits like the one in San Diego and the federal suit against the US Department of Health and Human Services to force a change in federal policy.

ASA California Director Don Duncan will also be present to discuss what is happening in the California Campaign for Safe Access, including the recent victory for employment rights in the California Assembly and how to respond to ongoing DEA interference and intimidation.

What: San Diego ASA Meeting with ASA Chief Counsel Joe Elford & California Director Don Duncan

When: Tuesday, June 10 * 7:00 PM

Where: 6070 Mt. Alifan Drive Suite 202, San Diego, CA 92111

Please make plans to attend and invite your friends!

www.SafeAccessSD.org

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4. Tuesday, June 10, 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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5. Tuesday, June 10, 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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6. Wednesday, June 11, 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. 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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8. 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 20th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento

For more information, contact Nathan@CompassionateCoalition.org

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9. 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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Government Icon City and County Hearings

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10. Tuesday, June 10, Oakland: Alameda County Board of Supervisors
to Discuss Revising Dispensary Ordinance

*Attention Alameda County patients & supporters! We need 10 by June 10th !*
*We need 10 patients to help lobby the Alameda County Board of Supervisors on June 10th, at 10:30 a.m.*
(1221 Oak St, Rm. 512, Downtown Oakland, corner of 12th St)

The Board of Supervisors will receive testimony, discuss, and vote on the proposed amendments to the county medical cannabis dispensary regulation. These amendments have strong backing from groups such as the Cherryland Homeowners Association and the Alameda County Sheriff's office, pushing for more limited access to medicine throughout the unincorporated communities of Alameda county.

In order to give voice to the hundreds, if not thousands of patients living in these areas, we need to find 10 patients from these unincorporated communities - Ashland, Cherryland, Sunol, San Lorenzo, Fairview, Castro Valley - to share their experiences with medical cannabis at the next Board meeting on June 10th. Patients from nearby cities such as San Leandro and Hayward can also talk about their experience with local access.

The opposition's proposals include:

1. Making it mandatory for patients to obtain a state-issued ID card to enter a dispensary.
2. Continuing the Alameda County Sheriff as the dispensary regulator---without agreeing not to cooperate with the DEA, unlike police in SF and Oakland.
3. Prohibiting the sale of edible medicinal products.
4. Cutting the number of dispensaries in unincorporated county from 3 to 2.

It is important to note that these changes have been drafted without any significant input from the patients whose lives will be directly impacted. These regulations are just the next step by authorities to shut down the remaining dispensaries in the region and severely restrict the opening of new ones. It is important for the patients who live in the unincorporated communities to speak out against these changes to protect safe access.

*Who can help?*

Patients living in the unincorporated regions of Alameda County- Ashland, Cherryland, Sunol, San Lorenzo, Fairview, Castro Valley. Patients from nearby cities like San Leandro & Hayward can address their experience with local access.
*
When and where is the Board of Supervisors meeting?*

The Alameda County Board of Supervisors will meet to discuss the proposed changes on Tuesday, June 10th at 10:30 a.m. The meeting will take place at 1221 Oak St. Room 512, in downtown Oakland (corner of 12th St.).
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Patients Rights Icon Court Support

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11. Tuesday, June 10, San Diego: County of San Diego et al. v. San
Diego NORML et al.

Oral Arguments @ 9am before Justices Alex McDonald, Terry O'Rourke, and Joan Irion in California Court of Appeal, 4th District <http://www.courtinfo.ca.gov/courts/courtsofappeal/4thDistrictDiv1/location.htm>, Division One, at 750 "B" Street, Suite 500, San Diego, CA 92101.

On February 1, 2006, the County of San Diego filed a civil lawsuit against the California Department of Health Services (DHS) in San Diego Superior Court asserting the County's right to refuse to implement S.B. 420, specifically the state ID card program asserting that the legislation was preempted by federal law. On July 6, 2006, ASA, and other groups successfully intervened in the litigation and then argued the case on November 16, 2006. On December 6, 2006, Judge William R. Nevitt Jr. confirmed the validity of California medical marijuana law by ruling on the side of patients <http://www.safeaccessnow.org/downloads/SD_Ruling.pdf> and rejecting the counties' challenge. Despite a ruling clearly showing that federal law does not preempt state law, on February 22, 2007, the Counties of San Diego and San Bernardino appealed the San Diego County Superior Court decision to the Court of Appeals for the Fourth Appellate District. By contrast, the County of Merced, chose to not appeal the ruling and, instead, has implemented the identification card program. For more information on this case, see our Brief Bank <http://www.safeaccessnow.org/article.php?id=4405>.

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12. 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/>.

[FARMER]

What no love for Los Angeles?

Los Angeles Chapter meeting @ Patients ID Center (470 S. San Vicente Blvd, L.A., 90048), June 21, 2008 1:00pm Sharp!

Nobody's perfect, ASA Field. But that doesn't mean we love you any less! Thanks for the info. MUAH!!!

[ASA Field]

Originally Posted by FARMER

What no love for Los Angeles?

Los Angeles Chapter meeting @ Patients ID Center (470 S. San Vicente Blvd, L.A., 90048), June 21, 2008 1:00pm Sharp!

Nobody's perfect, ASA Field. But that doesn't mean we love you any less! Thanks for the info. MUAH!!!

We only include meetings/hearings/etc. for the next two weeks. If we included everything we knew of in the indefinite future, there would be dozens of items and it would be unmanageable. We'll of course include the LA ASA meeting (and many others) in the next alert.

[oiramuk]

hmmm asa meeting in sacramento sounds great! i wanna check it out!

i would just like to confirm it is on tuesday the 17th of june. once in the description of the sacramento meeting it is said to be on "Tuesday the 20th at 7:00pm"

anyways sounds interesting, im definitely interested in becoming part of the solution!

[ASA Field]

Originally Posted by oiramuk

hmmm asa meeting in sacramento sounds great! i wanna check it out!

i would just like to confirm it is on tuesday the 17th of june. once in the description of the sacramento meeting it is said to be on "Tuesday the 20th at 7:00pm"

anyways sounds interesting, im definitely interested in becoming part of the solution!

Yes - it's on the 17th, please excuse the typo. I'm sure you'll love the Sacramento ASA & Compassionate Coalition groups.