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ASA California Weekly Alert: August 15th 2008

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*Weekly Round Up*
California Supreme Court Grants Review in People v. Kelly
Mendocino "Yes on B" Group Pressures Council to Stiffen Penalties for Medical Cannabis Patients
Protesters Demand I.D. Cards from San Bernardino County
*Take Action*
Last Chance to Support AB 2279! Call Your Senator Immediately!

*Chapter and Affiliate Meetings*
Saturday, August 16th: Los Angeles - L.A. ASA Meeting
Tuesday, August 19th: Sacramento - ASA / Compassionate Coalition Meeting
Tuesday, August 19th: Fresno - Fresno ASA Meeting
Thursday, August 21st: Arcata - Humboldt County ASA Meeting
Tuesday, August 26th: San Francisco - SF ASA Meeting
Wednesday, August 27th: Oakland - East Bay ASA Meeting

*City and County Hearings*
Wednesday, August 20th - Arcata City Council to Consider Dispensary Guidelines
*
Court Support*
Monday, August 18th: Fresno - Monica Valencia - Sentencing Hearing
Monday, August 25th: Galen and Laura Lawton Trial
Wednesday, September 3rd, Oakland: Tainted's Mickey Martin and Jessica Sanders Sentencing Hearing

*Special Events*
Monday, October 6: Los Angeles - Charles Lynch Sentencing Day of Action

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California Icon Weekly Round Up

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*California Supreme Court Considers Medical Cannabis Again *
*by Joseph Elford, ASA Chief Legal Counsel

*Just as many would have thought that the SB 420 guidelines <http://www.safeaccessnow.org/article.php?list=type&type=186> of 8 ounces and 12 immature or six mature plants were a dead letter --- a blessing for some a nightmare for others --- the California Supreme Court granted review of People v. Kelly, <http://safeaccessnow.org/blog/?p=104>which held that the SB 420 quantities are "limits" on the amount of marijuana a qualified patient may possess and, as such, constitute an unconstitutional amendment of a voter-approved initiative. Another Court of Appeal agreed in People v. Phomphakdy <http://safeaccessnow.org/blog/?p=135>, so it appeared that the SB 420 guidelines were done.

For some, this was a good thing, as many law enforcement officers applied the SB 420 quantities as limits on the amount of marijuana patients may possess and busted patients who had anymore than 8 ounces or six mature plants. For others, this was a potential nightmare, since police in some communities may well go back to busting patients who have as little as an ounce or one or two plants.

So, without taking any pleasure from the process, we filed a letter with the California Supreme Court requesting depublication of the Kelly decision. Although we agreed the result of the Kelly decision and love the fact that yet another court has sided with patients, we felt it was important for the California Supreme Court to hear our view --- that the SB 420 guidelines are thresholds, not ceilings. Patients should have a safe harbor and the Kelly decision, though well-intentioned, took that safe harbor away.

Yesterday, the California Supreme Court granted review of the Kelly decision, framing the issues as follows:

(1) does Health & Safety Code section 11362.77 violate the California Constitution by amending the Compassionate Use Act without voter approval?; and (2) were there alternative remedies to invalidating section 11362.77 in its entirety?

This bodes well for Mr. Kelly and the rest of us, as it appears that the Court will likely affirm the reversal of Mr. Kelly's convictions, while maintaining that the SB 420 guidelines are constitutional, at least as they apply only to patients with identification cards or if they are interpreted as thresholds. Meanwhile, the Kelly case is depublished and the SB 420 guidelines will remain in effect.
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Mendocino "Yes on B" Group Pressures Council to Stiffen Penalties
for Medical Cannabis Patients
Earlier this year, a group of Mendocino County citizens pushed a ballot initiative that reduced the number of medical cannabis plants allowed by qualified patients under local guidelines. Now, the "Yes on B Coalition" has petitioned the Mendocino County Supervisors to alter the County Code <http://www.mmmab.net/9.31_Marijuana_Ord.pdf>, turning what are currently minor infractions against patients into criminal matters.
<http://www.ukiahdailyjournal.com/ci_10185525>
Ukiah resident Larry Puterbaugh asked the supervisors to make cannabis that can be seen or smelled from adjoining properties punishable as criminal offenses. As it stands, this is considered a "public nuisance", handled either by neighbors or a code enforcement officer. In addition, they proposed levying a "Medical Marijuana Impact Fee" against patients or caregivers, who would be charged on a per-plant basis, and required that all plants be tagged with a numbered zip-tie. Failure to purchase zip-ties would be treated as a criminal violation, as well.

Community members spoke out against the group's proposals, finding them ill-conceived and impractical. Jeanette Bouge said making the visibility of medical cannabis a crime is absurd. She said she grows medical cannabis behind her home in a greenhouse behind a fence, but that her neighbors would be able to see over her fence from the second floor of their homes regardless of where the garden is planted. Under the ordinance, she may be brought up on criminal charges.
Supervisors questioned the intent, priority, and practicality of the issues brought forth by the Yes on B Coalition. Third District Supervisor John Pinches said he was discouraged to see the county focusing on gardens between six and 25 plants when there are 10,000 plant gardens in the county. Fifth District Supervisor David Colfax agreed, saying the measure was representative of a "proto-vigilante attitude."

The issue was tabled for further discussion and, along with the possible creation of a citizens advisory board, will likely be brought forth at future council meetings.

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*Protesters Demand I.D. Cards from San Bernardino County *

More than 25 protesters gathered Tuesday at the San Bernardino County Government Center and demanded that the county start issuing medical cannabis identification cards. Lanny Swerdlow, head of ASA Affiliate Marijuana Anti-Prohibition Project (MAPP) <http://marijuananews.org/>, <http://marijuananews.org/> organized the protest to call attention to the need for the ID cards in the community, as well as the absurdity of the County to continue to challenge the program after two losses in state court. ASA's California Director Don Duncan was also on site offering support and letting the County know that ASA is following their actions closely.


In 2003, the state Legislature required county health departments to issue ID cards to medical cannabis patients to assist law enforcement in following state law, and to protect patients from unnecessary arrest. But San Bernardino and San Diego Counties have refused to issue the cards, taking their case to both Superior and California Appeals courts, losing both times. In light of the July 31^st Appeals Court ruling <http://www.courtinfo.ca.gov/opinions/documents/D050333.PDF> that San Bernardino must start following state law, MAPP saw the opportunity to exert heated pressure on local county officials who don't want to follow the will of the voters, the state legislature, or the courts.

In addition, the protesters accused the county was wasting valuable taxpayer money on a hopeless lawsuit at a time when healthcare, education, and public service budgets are being slashed. "They have basically put themselves at opposition with the people of California," said Fontana resident Craig Johnson, a medical cannabis advocate who is on disability from his job.

The board of supervisors will decide whether the county will appeal the case to the state Supreme Court later this month. Lanny Swerdlow and MAPP are not going to go away, and they plan to continue to aggressively hold the board accountable for mishandling county funds and subverting the will of their constituents.
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Take Action Icon Take Action

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Last Chance to Support the Worker's Rights to Medical Marijuana
Act! ! Call Your Senator Immediately!

The Medical Marijuana Employment Rights Act has been getting close and closer to a vote. Now we're down to the final throws, and we expect a vote *this Monday! *

Whether or not you've already called, its absolutely essential that you get on the phone with your local Senator <http://www.senate.ca.gov/%7Enewsen/senators/senators.htp> this minute, and tell her/him to support AB 2279! <http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303>

Many of you know the story: in 2008, the California Supreme Court Ruled in /Ross v. Ragingwire/ <http://www.safeaccessnow.org/article.php?id=4407> that individuals could be fired from their jobs by employers /simply because of their status as legal medical cannabis patients!/ This is the worse form of discrimination - its already against law to fire someone for a medical condition, but the CA Supreme court ruled that it was OK to fire someone for the legal medication they use to treat that condition!

The State Legislature, led by Assembly Member Mark Leno (D-SF), have taken on the charge of acting to reverse this discriminatory decision by the courts. The bill was already passed by the Assembly, but in the Senate the vote is going to be /very /close. We need you to take ownership of your state's democracy by calling your Senator <http://www.senate.ca.gov/%7Enewsen/senators/senators.htp> immediately, and making sure they'll vote for AB 2279! <http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=24303>

Use this script:
"Hi, my name is ____________. I'm calling to ask Senator ________ to support AB 2279, the Workers Rights to Medical Marijuana Act. This bill will prevent employers from discriminating against legal medical cannabis patients, and will reverse a court decision that puts more than 200,000 California citizens in jeopardy of losing their jobs without due cause."

Thanks for all of your hard work!

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Take Action Icon Chapter and Affiliate Meetings

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*Saturday, the 16th -- Los Angeles ASA Meeting*

On October 6, ASA and other organizations are calling for medical cannabis supporters to gather at the federal courthouse in downtown Los Angeles in a show of support for victims of federal interference and to call for an end to raids and intimidation. We hope to have hundreds of peaceful protesters there! Please mark your calendars for this important date now.

The rally will coincide with a hearing for convicted medical cannabis dispensary operator Charles Lynch, who faces decades in federal prison if the judge does not grant him a new trial at the hearing on October 6. Supporters will gather in the courtroom at 8:00 AM to support Lynch and his family, then rally outside at 11:00 AM.

The planning for this large event starts this Saturday at the LA-ASA meeting. I am sending this message to all of our Southern California announcement lists so that anyone who wants to help promote and organize the event can get plugged in. Please join us on Saturday for the LA-ASA meeting to get all the details:

When: Saturday, the 16th 1pm
Where: Patient ID Center,
470 S. San Vicente Blvd.
Los Angeles, CA 90048
(Cross street is Drexel, between Wilshire & 3rd St.)

We will also be doing some skills training for advocates and getting updates on the protest at the Democratic National Convention in Denver, CO, later this month. Please join us and invite your friends. All medical cannabis supporters are welcome!

For more info, contact Don Duncan: Don@AmericansforSafeAccess.org
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* Tuesday, August 19th: Fresno - Fresno ASA Meeting*

The County of Fresno refuses to implement the State-mandated ID card program that would make it easier for law enforcement to identify legal medical cannabis patients. However, Supervisors expressed a desire to wait until the ruling in /San Diego v. NORML, /which would give indication as to whether the ID card program violated state law. In July, the ruling came back in favor of medical cannabis patients! Now its time to turn the pressure back on Fresno Supervisors! Come join!

When: Tuesday, August 19th @ 6pm
Where: Fig Garden Library
3071 W Bullard Ave
Fresno, CA 93711

For more information, Email Diana Kirby - fresnocagal@sbcglobal.net
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*Tuesday, the 19th -- ASA / Compassionate Coalition Meeting*

Medical cannabis in the state's capitol is exciting and rewarding. Find out how to lobby legislators and how the local ASA affiliate is helping to pressure and impact state law. All are encouraged to attend!

When: Tuesday, the 19th 7pm
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento CA

For more info, contact Nathan Sands: Nathan@compassionatecoalition.org

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*Thursday, August 21st: Arcata - Humboldt County ASA Meeting *

Recent events have sparked increased interest at the city and county levels. In addition, DEA has been making an increased presence in our community. Come to the Humboldt Co. ASA meeting to learn how to get involved in standing for the rights of patients and Californians.

When: Thursday, August 21st @ 6pm
Where: Community recreation room of the Bayview Courtyard Senior Housing Complex
550 Union Street,
Arcata CA
For more info, contact Linda-Anne Cummings: asa-humboldt@sbcglobal.net
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*Tuesday, August 26th: San Francisco - SF ASA Meeting*

SF ASA is one of the longest running ASA chapters, responsible for much of the major medical cannabis progress we've seen in the Bay Area over the years. Meetings are an excellent way to meet like-minded people, to learn about medical cannabis research, law, and politics, and to get involved in impacting your community in a positive way. Be Proactive! Come to the SF ASA Meeting

When: Tuesday, August 26th @ 7:30pm
Where: Bowzer's Pizza,
371 11th St
San Francisco CA

For more information, contact Brent Saupe: brent_saupe@yahoo.com


**
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*Wednesday, August 27th: Oakland -- East Bay ASA Meeting

*Join the ASA East Bay meeting, held right here in our national headquarters. Come visit the office and see where all the magic happens. For the next few months, East Bay ASA will be working on the Berkeley Patient Access to Medical Cannabis Act (PAMCA) Ballot Initiative, drumming up support to pass in November! Come learn how to get involved in what will be a groundbreaking vote!

When: Wednesday, August 27th @ 7pm
Where: ASA Headquarters Office
1322 Webster Street, Suite 402, Downtown Oakland

For more information, contact George Pappas: 510-251-1856 x. 321
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Government Icon City and County Hearings

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Wednesday, August 20th - Arcata City Council to Consider
Dispensary Guidelines

In a proactive step toward implementing state law, the Arcata Planning Commission reviewed codes regarding cultivation, dispensing, and zoning for medical cannabis dispensaries on Tuesday. The guidelines will become part of the city's draft land use codes, which are up for approval by the City Council on Aug. 20.

Development Director Larry Oetker said the commission's approval may bring the guidelines, designed to regulate medical cannabis facilities in hopes of curbing illegal grow activity, one step closer to completion.

Additionally, the guidelines cover issues regarding operations, the application process and records, safety concerns, and the dispensary relations with individual patients who grow.
To view the entire draft medical cannabis land use standards, go to www.cityofarcata.org and click on "Agendas." The files are listed under the Planning Commission agenda. Hard copies can be accessed at City Hall.

When: Wednesday, August 20th, 6PM
Where: 736 F Street
Arcata, CA 95521

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Patients Rights Icon Court Support

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*Monday, August 18th: Fresno - Monica Valencia - Sentencing Hearing
* *
*On September 27, 2006, the City of Modesto called in DEA to raid the California Healthcare Collective. Nine people, including Luke Scarmazzo and Ricardo Montes, were prosecuted by the federal government.

The raid was the result of a 15-month investigation between the DEA and the Modesto Police Department, and on April 27, 2008, the day before the trial was scheduled to commence, Monica Valencia refused to testify for the government, turning down the reduced plea bargain deal she was offered as an incentive to testify against her fellow co-workers.

In court, the jurors delivered eight guilty verdicts against the defendants, including a conviction for continuing criminal enterprise, which put Scarmazzo and Montes at risk of life imprisonment. Several jurors, upon learning the severity of the possible penalties, expressed reservations about their votes to convict and the legitimacy of medical cannabis prosecutions.

When: Monday, August 18th 1:30pm
Where: Before Judge Oliver Wanger
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.

Monica needs our support. Show up to let her know that she is part of a community which cares about her, and will not let her face this injustice alone.
Click here for more information. <http://www.safeaccessnow.org/article.php?id=354>*
*
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*Monday, August 25th: Vallejo - Galen and Laura Lawton Trial*

After four years, Solano County's Galen and Laura Lawton <http://www.medicalmarijuanaofamerica.com/content/view/161/111/> are scheduled to come to trial in State Court on August 25th. Lawton, a former star-football player and coach, and long time medical cannabis activist, was raided in 2004. His house was ransacked by local police, his garden destroyed, and he and his wife were forced to spend Christmas that year in jail.

Lawton is Chief Financial Officer and Board Member for medical cannabis advocacy group Compassionate Coalition, President of Solano Patients Group, a similar, overlapping organization, and was former owner of the Everything Green dispensing collective.

This may be the first trial in state court since the SB420 limits were struck down as unconstitutional by People v. Kelly, which may make the case extremely interesting. The limits are often used as a primary arguments to convict in state courts. Tony Serra and Omar Figueroa will be the trial attorneys for the defense, so it will not be short on entertainment.

When: 8:30am Monday, August 25th
Where: Judge Carter in Dept. 12
321 Tuolumne Street
Vallejo, CA.
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*Wednesday, Sept. 3rd - Oakland: Tainted's Mickey Martin and Jessica Sanders Sentencing Hearing

* Please come out in a show of support for Tainted co-defendants Mickey Martin and Jessica Sanders. We need to do everything in our power to fill the courtroom with supporters, and to send a strong message that our community stands together, and that we will not tolerate this tyranny by the federal government! Mickey and Jessica need to know that we are behind them as they plead their case for justice to the Honorable Judge Claudia Wilken.
When: 2:30 pm on Wednesday Sept. 3, 2008
Where: Oakland Federal Building Courthouse
1301 Clay St.
Oakland, CA.
Two days after Labor Day, this is the sort of thing that all of us can do. Show your support, show your solidarity, take off of work, or gather friends and travel down to the courthouse to be there for Mickey and Jessica.
We are winning this fight, but must continue to do everything in our power to end this ongoing threat to the citizens of the community.

For more info, visit: http://www.freetainted.com/events/mi...tin-sentencing

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Marijuana Icon Special Events

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Monday, October 6: Los Angeles - Charles Lynch Sentencing Day of
Action

Hello, ASA Members and friends. On October 6, ASA and other organizations are calling for medical cannabis supporters to gather at the federal courthouse in downtown Los Angeles in a show of support for victims of federal interference and to call for an end to raids and intimidation. We hope to have hundreds of peaceful protesters there! Please mark your calendars for this important date now.

The rally will coincide with a hearing for convicted medical cannabis collective operator Charles Lynch, who faces decades in federal prison if the judge does not grant him a new trial at the hearing on October 6. Supporters will gather in the courtroom at 8:00 AM to support Lynch and his family, then rally outside at 11:00 AM.

The planning for this large event starts this Saturday at the LA-ASA meeting. I am sending this message to all of our Southern California announcement lists so that anyone who wants to help promote and organize the event can get plugged in. Please join us on Saturday for the LA-ASA meeting to get all the details:

What: LA-ASA Meeting
When: 1-3 PM * Saturday, August 16, 2008
Where: Patient ID Center, 470 S. San Vicente Blvd., Los Angeles
Map & Public Transit: http://www.ASAaction.org

We will also be doing some skills training for advocates and getting updates on the protest at the Democratic National Convention in Denver, CO, later this month. Please join us and invite your friends. All medical cannabis supporters are welcome!

Read more about Charles Lynch <http://www.safeaccessnow.org/article.php?id=5551>

[pot4life]

Correction: Galen Lawton's Everything Green is not a dispensing collective. It is a hydroponics store.

[pot4life]

Galen and Laura Lawton's jury trial had been postponed until November 3, 2008, with a readiness conference on October 30, at 1:30.