[ASA Field]

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ASA California Weekly Alert August 24, 2007
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Help Us Stay Updated: If you wish to have a medical cannabis event, meeting,
federal trial, and/or city or county hearing listed in the ASA CA Weekly Alert,
please send information to Sonnet@AmericansforSafeAccess.org no later than
Thursdays by 3:00pm.

*Weekly Round-Up*
1. a. ASA's Chief Counsel Argues in Return of Property Case
b. John Berchielli Receives "Compassionate Sentence"
c. Patients, Activists, and Providers Devise Raid Response Plan in Bay Area
d. Modesto Protest a Success!

*Take Action*
2. Join Activists Throughout the Nation Next Wednesday on National
Congressional Drop-in Day!

*ASA Chapter and Affiliate Meetings*
3. Tuesday, August 28, San Francisco: San Francisco ASA Meeting
4. Wednesday, August 29, Willits: ***Special Mendocino ASA Meeting****
*5. Tuesday, September 4, Sacramento: Sacramento ASA Meeting
6. Thursday, September 6, Santa Rosa: Sonoma County ASA Meeting

*Court Support*
7. Monday, September 10, Sacramento: ***Rescheduled Federal Resentencing
Hearing for Bryan Epis***

*Special Events*
8. Sunday, August 26, Los Angeles: Medical Marijuana Educational Fair

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Weekly Round-Up
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*1. a. ASA's Chief Counsel Argues in Return of Property Case
b. John Berchielli Receives "Compassionate Sentence"
c. Patients, Activists, and Providers Devise Raid Response Plan in Bay Area
d. Modesto Protest a Success!

a. ASA's Chief Counsel Argues in Return of Property Case

Yesterday, Joe Elford, ASA's Chief Counsel, gave compelling arguments on behalf
of Garden Grove patient, Felix Kha, for his return of property case. The results
of this case could have a lasting impact on patients' rights and return of
property. Americans for Safe Access reports, from literally hundreds of patient
calls per year, that at least 90% of local law enforcement encounters result in
the seizure of medical marijuana. ASA has been fighting for years against the
rampant seizure of medical marijuana by local law enforcement in California.
Read more about Felix Kha's <http://www.safeaccessnow.org/article.php?id=4412> case.

Felix Kha obtained a court order in 2005 for the return of his 8 grams of
wrongfully seized medical marijuana, but the City of Garden Grove and GGPD
refused to return it, choosing instead to appeal. In a separate return of
property case, stemming from a Huntington Beach medical marijuana seizure,
patient Jim Spray was denied a court order for the return of his medicine. Two
cases were decided two different ways by Orange County Superior Court, and they
are now being heard in appellate court. In November 2006, the California
Attorney General filed an amicus brief
<http://www.safeaccessnow.org/downloads/Kha_AG_Amicus.pdf> in the case on the
side of patients.

Joe Elford's arguments we heard by the state's 4th District Court of Appeal in
Santa Ana, which has 90 days to issue a decision. To read more about the hearing
read the Los Angeles Times
<http://www.latimes.com/news/local/la-me-marijuana24aug24,1,7298759.story?ctrack=2&cset=tru e>
and/or Orange County Register
<http://www.ocregister.com/news/marijuana-medical-spray-1819930-kha-police>
articles. Also, be sure to check out the Orange County Register's editorial
<http://www.ocregister.com/opinion/marijuana-court-california-1818412-patient-patients>
about the hearing.


b. John Berchielli Receives "Compassionate Sentence"

Medical cannabis patient and provider, John Berchielli, was convicted of five
counts of medical marijuana-related charges in late July. His sentencing hearing
occurred earlier this week. The judge presiding over the hearing reduced his
sentence from 3 years to 10 months medical furlough. Below is a letter from John
Berchielli sent to the Sacramento ASA listserv.

"Hello fellow activists, thank you all for your prayers and support. Divine
intervention and community support got the judge to reduce my sentence from the
3 years he intended to 10 months medical furlough. He also didn't agree with the
prosecution that the mere presence of marijuana automatically creates a child
endangerment scenario. A great victory for patients who have children.This
compassionate sentence will allow me to continue caring for my grandmother, who
turns 90 this year and my 14-year-old daughter.

Again, thanks to everyone. Never underestimate the power of court support for
patients or let your public defender tell you otherwise. The jury, in my case,
cited the absence of court supporters weighed heavily in their conviction.
Let's be sure we support our fellow patients during trial proceedings in writing
and/or in person. Through organized support we will make a difference for all
patients. Let every jury know the community supports medical marijuana patients..."

Read about John Berchielli's case, reported by Vanessa Nelson at:
John Berchielli


c. Patients, Activists, and Providers Devise Raid Response Plan in Bay
Area

This week, Bay Area activists, patients, providers, and concerned citizens met
to discuss and devise a raid emergency response plan. In response to the DEA's
recent attacks on numerous Southern California dispensaries, Bay Area medical
cannabis supporters decided to get organized and be prepared for potential raids
on local dispensaries. A group of nearly 30 people gathered together at ASA's
headquarters in downtown Oakland to determine plans for pre-raid preparation for
emergency response (ER), day of raid, and post-raid follow up.

For pre-raid preparation, the group put together task lists for making signs,
recruiting supporters for an ER phone-tree, and getting local dispensary
operators' legal and contact information ahead of time. For ER plans during a
raid, the group determined who will be contacting the media, the police liaison,
making calls, enacting the phone-tree, main protest organizer, and recording
video of the raid.

This meeting was just a first step in building a Bay Area response to DEA raids,
and San Francisco ASA will be hosting a follow up meeting on Wednesday,
September 19th at 7:00 p.m. in San Francisco (location t.b.a.). Look for an
announcement on the location of the meeting in next week's Weekly Alert.

You too can facilitate an emergency response meeting, similar to the Bay Area's.
Download the following documents and get you community prepared!

Download this document for a step-by-step raid response plan:
http://www.AmericansForSafeAccess.or...ponse_plan.pdf

Download this form and take it to your local dispensaries. In the event of a
raid, this form will enable ASA and activists to act quickly to support the
dispensary.
http://www.AmericansForSafeAccess.or..._Raid_Form.pdf

Sign-up community members with this Raid Text Messaging System Alert Sign-Up
Sheet. Download this form, circulate it within your community and send it back
to ASA to further bolster local raid emergency response. The more people
signed-up, the stronger we are in the event of a raid:
http://www.AmericansForSafeAccess.or...rt_sign_up.pdf

For any questions or other information, please contact
Sonnet@AmericansforSafeAccess.org.


d. Modesto Protest a Success!

This Wednesday, medical cannabis supporters joined together in Modesto to
protest against the DEA, in solidarity of the recently raided Oakdale Natural
Choice Collective. Read the Modesto Bee's article on the protest
<http://www.modbee.com/local/story/49863.html>. Below is an account of the
protest by Vanessa Nelson.

"Wednesday's rally in Modesto had a tremendous turnout, in quality as well as
quantity. It was wonderful to see so many people in good spirits, in spite of
the heat, marching around with signs and getting the word out to the community.
I am really glad that the mainstream media is covering this case so extensively,
and Addison < Oakdale Natural Choice Collective's Operator> told me at the rally
that he's been very happy with the reporting from the Modesto Bee."

To read the full report on the protest and background on Addison DeMoura's case,
read Vanessa's report at:
Arraignments Delayed for Oakdale Dispensary Defendants

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Take Action
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2. Join Activists Throughout the Nation Next Wednesday on National
Congressional Drop-in Day!*

Join ASA's Activists in a National Congressional District Drop-in Day!
Wednesday, August 29th!

What: Activists throughout the country are planning on dropping by their
Congressional Representative next Wednesday, August 29, during business hours.
Schedule a meeting today with your Congressional Representative's office next
Wednesday, August 29. If they cannot meet with you on the 29th, organize a
drop-in at your representative's local district office for that day. Don't know
who your representative is and/or need the local district address? Go to
United States House of Representatives, 110th Congress, 1st Session <http://www.house.gov/> to find out!

When: During business hours on Wednesday, August 29th.

What to Bring: Download the following materials to drop off at your
representative's district office:

a. A letter from Reps. Olver and Rohrbacher urging your Congressperson to sign
on <http://www.safeaccessnow.org/downloads/Dear%20Colleague.final>
b. The letter to Administrator Tandy
<http://www.safeaccessnow.org/downloads/Sign-On.final.pdf>
c. ASA's UMass Amherst Fact Sheet
<http://www.safeaccessnow.org/downloads/UMass_NIDA.pdf>

What to Ask:

Plase support medical cannabis research by co-signing the Olver/Rohrabacher
letter to DEA Administrator, Karen Tandy, urging her agency to follow the
recommendation of Administrative Law Judge Mary Ellen Bittner and grant a
license to Prof. Lyle Craker of UMass Amherst to grow marijuana exclusively for
federally-approved research. To join the letter, contact Brendan Bundy in Rep.
Olver's office at 202-225-5335.

Why: The only way we can win this campaign and end the research gridlock is
with strength in numbers. That means we need as many people as possible to
contact their representative and call on them to support medical cannabis research.

Follow Up: At your drop-in or meeting, be sure to schedule a follow up
meeting to discuss other pressing national medical cannabis issues. After your
drop-in or meeting, be sure to contact Sonnet@AmericansforSafeAccess.org
<mailto:Sonnet@AmericansforSafeAccess.org> to let us know how it went!

Click here for more information on the UMass-Amherst research struggle
<http://www.safeaccessnow.org/section.php?id=317>.

Thank you for taking action for medical cannabis research!

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ASA Chapter and Affiliate Meetings
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3**. Tuesday, August 28, San Francisco: San Francisco ASA Meeting

Please join us at the upcoming San Francisco ASA meeting. We will be discussing
upcoming local medical cannabis issues as well as pressing national issues.

The next ASA SF meeting will be held on Tuesday August 28th 7:30 to 9:00

Where: Bowzer's Pizza
371 11th St
San Francisco , CA 94103

For more information, contact Alex or Kevin: aaafranco@yahoo.com;
kevinreed@hotmail.com.

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4. Wednesday, August 29, Willits: ***Special Mendocino ASA Meeting***

Please join ASA's Field Coordinator, Sonnet Seeborg Gabbard, and Northern
California Peer Counseling Coordinator, Sarah Shrader, at a special Mendocino
ASA meeting next Wednesday. Sonnet and Sarah will be joining local activists to
discuss pressing local issues and do a briefing on upcoming campaigns.

When: Wednesday, August 29th at 6:00pm
Where: Willits Public Library
390 E Commercial St, Willits, CA

For more information, contact Sonnet@AmericansforSafeAccess.org.

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5. Tuesday, September 4, Sacramento: Sacramento ASA Meeting

Thank you to those who have come out to show your court support the past
several weeks. Please join us at our Sacramento ASA meeting to discuss pressing
national, state, and local issues. There are some very exciting medical
marijuana events coming up, so we need as many members as possible to make it
out to the next meeting.

When: Tuesday, September 4th at 7:00 p.m.
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento, CA

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

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6. **Thursday, September 6, Santa Rosa: Sonoma County ASA Meeting

Join us at the Sonoma County September ASA meeting. We will be discussing the
recent DEA attacks on California, upcoming court dates, and going over other
local updates. Please be sure to attend the meeting as it is the only scheduled
September meeting. We hope to see you there!*

*When: Thursday, September 6th, at 7:00pm
Where: Department of Public Health
625 5th St., Santa Rosa, CA*

For more information, contact Terri: 707-332-6556.

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Court Support
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7. Monday, September 10, Sacramento: ***Rescheduled Federal Resentencing
Hearing for Bryan Epis***

Please note the date change for Bryan Epis' resentencing hearing from Friday,
August 24th, to Monday, September 10th.

Bryan Epis was the first medical marijuana patient convicted in federal court
after the passage of California's Proposition 215. Epis was arrested June 25,
1997, after Butte County sheriff's officers discovered marijuana plants growing
in the basement of his home in Chico. Epis was released on bail August 9, 2004,
pending his appeal, and is currently awaiting his re-sentencing by the District
Court. See Vanessa Nelson's article
<http://www.medicalmarijuanaofamerica.com/content/view/67/60/> for more info.

When: Monday, September 10th at 10:00am
Where: Courtroom of Judge Frank C. Damrell, Jr.
U.S. District Court (E.D., CA), 15th Floor
501 "I" Street, Sacramento, CA

For more information contact Sonnet: Sonnet@AmericansforSafeAccess.org
<mailto:Sonnet@AmericansforSafeAccess.org>

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Special Events
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8. Sunday, August 26, Los Angeles: Medical Marijuana Educational Fair

On Sunday, August 26, members of the Los Angeles Chapter of Americans for Safe
Access (LA-ASA) will join members of Patients Advocacy Network (PAN) and other
cannabis and medical cannabis advocates at an educational fair and rally in
downtown Los Angeles. PAN organized this day of education and empowerment to
help advocates find out how they can help fight back against the DEA attacks on
safe access. This will be a great opportunity for outreach as there is a large
health fair just across the street!

Please come and join patients, caregivers, and others. Participants include PAN,
LA-ASA, California NORML, Dank, Los Angeles County Medical Marijuana task Force,
and others.

What: Responding to the DEA
When: Sunday, August 26 @ 11:30 AM
Where: Father Serra Park, where N. Los Angeles St. meets N Alameda St. (across
from Union Station)

LA-ASA is looking for volunteers to man our table on Sunday. Call Don or Chris
at (323) 882-6766 between 11:00 AM and 7:00 PM if you can volunteer any time
beginning around 11:00 AM on Sunday.