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ASA California Weekly Alert: 9-5-2008

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*Weekly Round Up
*1. Tainted, Inc's Michael Martin & Jessica Sanders Sentenced; Federal Judge Shows Compassion
2. Los Angeles City Council Extends Medical Cannabis Dispensary Moratorium
*
Take Action*
3. Call Governor Schwarzenegger to Support Medical Cannabis Employment Rights! *
Chapter and Affiliate Meetings*
4. Tuesday, September 9th - San Francisco: SF ASA Meeting
5. Tuesday, September 9th - San Diego: SD ASA Meeting
6. Tuesday, September 16th - Sacramento: ASA Affiliate Compassionate Coalition Meeting
7. Thursday, September 18th - Arcata: Humboldt County ASA Meeting

*City and County Hearings*
8. Tuesday, September 9th - Fresno: Fresno County Supervisors to Vote on Patient ID Cards

*Court Support*
9. Monday, September 15th - Luke Scarmazzo & Ricardo Montes (California Healthcare Collective) Sentencing Hearing
10. Monday, October 6th - Los Angeles: SAVE THE DATE! LA ASA to Protest at Charles Lynch Request for New Trial

*Special Events*
11. Sunday, September 14 - Sacramento: Sacramento ASA AIDS Walk
12. Saturday, September 27 - Santa Cruz: WAMMFest 2008

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California Icon Weekly Round Up

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1. Tainted, Inc's Michael Martin & Jessica Sanders Sentenced;
Federal Judge Shows Compassion

Directly after the 2007 DEA raid <http://www.safeaccessnow.org/article.php?id=5565> on the Bay Area based Tainted, Inc <http://safeaccessnow.org/blog/?p=154>, <http://safeaccessnow.org/blog/?p=154> which provided cannabis-based food products <http://americansforsafeaccess.org/img/original/Compassion1.jpg> to patients, owner Michael "Mickey" Martin faced a potential 10 years in federal prison. But in Tuesday's sentencing hearing at the Federal Courthouse in Oakland, U.S. District Judge Claudia Wilkin showed not only compassion for Mr. Martin in handing down a sentence of 1 year in a half-way house, 1 year home confinement, and 5 years probation, but also acknowledgment and consideration of California's medical cannabis laws <http://www.safeaccessnow.org/article.php?list=type&type=186>. Jessica Sanders, an employee of Tainted was also sentenced along with Mickey, and received 1 year home confinement and 3 years probation.

In the press conference <http://safeaccessnow.org/blog/?p=154> preceding the sentencing hearing, a large congregation of Mr. Martin's supporters gathered outside the steps of the courthouse to demonstrate against the injustice of federal courts sentencing legal medical cannabis patients and providers. ASA Chief Counsel Joe Elford spoke to media about what this case meant in the broader frame of the state-federal conflict over medical cannabis, saying, "The legislative branch failed Mickey, the executive branch failed him, and now the judicial branch has an opportunity to show compassion." Inside the courtroom, statement's by Mr. Martin's attorneys were filled with emphatic pleas for leniency and dramatic cries of hypocrisy by the federal government. Mickey himself gave an emotional, heart-wrenching statement that seemed to affect all those present.
The courtroom, packed with Mickey's supporters, at one point all stood up in a moving show of solidarity that clearly impacted the court. Judge Wilken's questions about Tainted's compliance with California's medical cannabis laws, and whether there were any indications or evidence of Mickey ever having given cannabis to children or to those who were not legally qualified patients, of which there were none, were surprising to many in attendance. But when the judge asked Mr. Martin's probation officer to clarify whether or not she was legally mandated to hand down prison time at all, a cautious sense of hope rippled through the courtroom.

The Judge went on to talk about the confusion between state and federal laws cannabis laws in a way that was reminiscent of, and probably just as significant, as the Rosenthal trial, when Ed Rosenthal was sentenced to one day in federal prison for growing hundreds of medical cannabis plants. Noting his volunteer work and activism in the community, as well as the numerous court support letters <http://www.safeaccessnow.org/article.php?id=1296> she had received prior to the hearing, it seemed clear to the federal judge that imprisoning Mickey would not benefit society. ASA and others put much effort into building court support <http://www.safeaccessnow.org/article.php?id=1296> for Mickey, hoping the the federal judge would show compassion and understanding in this case brought maliciously before her by DEA. Thanks to everyone who called, sent letters, showed up at the hearing, or otherwise gave support to Mickey throughout this difficult time. This sentence was a tribute to the huge impact that court support can have.
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*2. Los Angeles City Council Extends Medical Cannabis Dispensary Moratorium*

The Los Angeles City Council this week approved a six-month extension of the city's moratorium on new medical cannabis dispensaries <http://www.safeaccessnow.org/article.php?list=type&type=154>, a move designed to provide time for city officials seeking to draft new regulations covering the cannabis facilities. The move by the city council comes as cities and counties throughout California are incorporating the recently released Attorney General guidelines <http://www.safeaccessnow.org/article.php?id=5562>on medical cannabis, which direct law enforcement to follow state, not federal law, and which affirm the legality of collectives, cooperatives, and dispensaries that operate in non-profit fashion.
Many local policy makers are using the guidelines as an indicator of the permanence and refinement of California's medical cannabis law <http://www.safeaccessnow.org/article.php?list=type&type=186>. In the twelve years since Proposition 215 in 1996, the legality of the initiative has been questioned by law enforcement and some fringe counties. However, multiple rulings in state and federal courts that affirm the validity of the law, laws passed by the state legislature, and now the recent guidelines put forth by the top law enforcement officer in California are spurring localities to enact dispensary regulations in the interest of patients. The council voted 14-0 to continue the temporary moratorium, initially enacted in August 2007.

Councilman Dennis Zine said the moratorium would give the city attorney's office time to recommend a medical cannabis dispensary policy that would prevent abuses while still ensuring that such facilities are available to legitimate medical patients.
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Take Action Icon Take Action

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3. Call Governor Schwarzenegger to Support Medical Cannabis
Employment Rights!

Any day now, Governor Arnold Schwarzenegger will consider signing ASA's medical cannabis workers' rights bill that will protect the jobs of hundreds of thousands of patients in California. We cannot let this effort fail! Contact the Governor's office immediately to tell him he must sign AB 2279 into law! <http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=25418&key=0>

Assemblymember Mark Leno introduced AB2279 <http://www.safeaccessnow.org/article.php?id=5474> in February, and your phone calls, emails, and letters helped pass this bill in both houses of the California Legislature. The final step is the Governor's signature, and he needs to hear from everyone in California, now more than ever before.

It's up to you now to push past this final hurdle towards protecting patients' employment rights. Call the Governor at 916-445-2841 and tell him to sign AB 2279!

There is no time to lose. The Governor is already hearing from lobbyists and big business who oppose AB2279. But if you think that medical cannabis patients should be allowed to hold jobs, we need you now! Visit ASA's action page <http://salsa.democracyinaction.org/o/182/campaign.jsp?campaign_KEY=25418&key=0> to email the Governor's office and tell him that he must protect the jobs of workers in our communities. He MUST sign AB 2279 into law!

Then, call his office at 916-445-2841 and say:

"Hi, my name is [YOUR NAME], and I am asking that Governor
Schwarzenegger sign AB 2279, the medical cannabis workers' rights
bill into law. California is going through tough economic times, and
right now hundreds of thousands working individuals can be fired
just because of their status as legal medical cannabis patients.
People with illnesses should be encouraged to work whenever
possible. They should not risk discrimination because of their
condition. Thank you."

Thank you for all of your continued support, and for being the driving force behind this campaign.

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Take Action Icon Chapter and Affiliate Meetings

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*4. Tuesday, September 9th - San Diego: SD ASA Meeting
*
At the San Diego ASA meeting, join dozens of community members in standing up for your rights. The San Diego County Board of Supervisors continues its wasteful attempt to violate state law and refuse to implement the state mandated ID card program that would allow patients to be easily identified by law enforcement.

The board voted 4-1 yesterday to continue to spend thinning taxpayer dollars to ask the state Supreme Court to review its lawsuit. San Diego County has been ruled against in both Superior and Appellate courts, and many speculate it is very unlikely that the Supreme Court will hear the case.
When: Tuesday, September 9th @ 7pm
Where: International Cannabis University
6070 Mt. Alifan Suite 202
San Diego, CA 92111, Claremont

For more info, contact Dion, 4cccp@cox.net
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*5. Tuesday, September 9th - 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, September 9th @ 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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*6. Tuesday, September 16th - Sacramento: ASA Affiliate Compassionate Coalition ASA 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, September 16th @ 7pm
Where: Crusaders Hall
320 Harris Avenue, Suite H in Sacramento

For more info, email Lanette: cannacare@earthlink.net

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*7. Thursday, September 18th - 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, September 18th @ 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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Government Icon City and County Hearings

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8. Tuesday, September 9th - Fresno: Fresno County Supervisors to
Vote on Patient ID Cards

In response to a recent court ruling which upheld California's medical cannabis law, the Fresno County Board of Supervisors will be conducting a hearing on the local implementation of the state's medical cannabis ID card <http://www.chrisconrad.com/expert.witness/sb420-03.htm#text>program.

On Tuesday, September 9, supervisors will decide whether or not to comply with state law and protect local patients from arrest by issuing the medical cannabis IDs through the county's health department. Implementing the program will move Fresno County into up to the standards of most others in the state. Although patients and caregivers are not required to obtain an ID card, many choose to do so because the cards reduce the risk of arrest by state and local law enforcement.

This is a professional meeting; please dress and act accordingly. Also, be sure to set aside two to three hours because our issue isn't likely to be heard first.

If you are a resident of Fresno County, its imperative that you contact your supervisors and tell them to implement the ID card program for the good of many seriously ill patients in the community. Call (559) 488-3529, tell the operator your city and the nearest major cross-streets to your home, and then ask to be transferred to your supervisor.

What: Fresno County Board of Supervisors Meeting
When: Tuesday, September 9 - 9:00 a.m.
Where: County Administration Center
Hall of Records
2281 Tulare St., #301
Fresno, CA 93721-2198

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Patients Rights Icon Court Support

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9. Monday, October 6th - Los Angeles: SAVE THE DATE! LA ASA to
Protest at Charles Lynch Request for New Trial

Americans for Safe Access members and friends will be providing court support and protesting for medical cannabis provider Charles Lynch on Monday, October 6, in Los Angeles. Mr. Lynch was convicted in federal court earlier this month of operating a medical cannabis dispensing collective and faces decades in federal prison. We need to show our support for Charles and his family as his attorneys ask for a new trial. We also need to let federal officials and local representatives know that Californians will not tolerate federal interference or local cooperation with DEA raids.

What: Free Charles Lynch - Court Support & Rally
When: Monday, October 6, 2008
Court support starts at 8:00 AM Courtroom #10,
Rally starts at 11:00 AM in front of the courthouse Courthouse,
Where: 312 N. Spring St. (at Temple St.) in downtown Los Angeles

For more information, check ASA's discussion forums! <http://www.safeaccessnow.org/punbb/viewtopic.php?id=1662> Be sure to invite your friends and loved ones to the meeting and protest!

In addition to joining the protest, visit www.friendsofccl.com to give money, assistance, and support. Or write to Judge Wu directly and plead for Charlie's freedom. Letters of support helped Mickey Martin receive a relatively light sentence, and so we need to show the same support for Charles Lynch. Letters to Judge Wu should be sent to Charlie's Attorney:

Reuven Cohen
Federal Public Defender
321 East 2nd Street
Los Angeles, CA 90012-4702.
http://www.friendsofccl.com/letterofsupport.htm ------------------------------------------------------------------------
*10. Monday, September 15th - Fresno: Scarmazzo and Montes Sentencing and Motion for a New Trial*

When: September 15th at 2pm. Where: 2500 Tulare Street
Fresno, CA.
Judge Wanger in Courtroom 3

On September 27, 2006, the City of Modesto called in DEA to raid the California Healthcare Collective <http://www.medicalmarijuanaofamerica.com/content/view/227/1/>, arresting Luke Scarmazzo, 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, and an additional five people were later indicted, brining the total to nine prosecuted by the federal government.

The DEA allegedly seized 100 pounds of medical cannabis and 1000 plants, in addition to all funds from the collective which served many patients in the community. The raids were the result of a 15-month investigation between the DEA and the Modesto Police Department.

At the April 28, 2008 trial Scarmazzo took the stand and presented evidence of medical cannabis, but to no avail. While the jurors had deadlocked on the conspiracy counts and acquitted on the firearms counts, they delivered 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 cannabis prosecutions. Prosecutors have already successfully seized $200,000 and are seeking $9.2 million in forfeiture.

Please contact Vanessa Nelson <vanessa@crazybrain.org> (vanessa@crazybrain.org) or see www.MedicalmarijuanaofAmerica.com for more information.
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Marijuana Icon Special Events

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11. Sunday, September 14 - Sacramento: Sacramento ASA AIDS Walk

On Sunday, September 14, the Sacramento ASA Chapter will be reaching out to and supporting the HIV/AIDS community by participating in the HIV/AIDS Walk! They have a table reserved and will need help! So anyone who's available should come on down and walk/run with the Medical Marijuana Support Team. When you sign up you will be asked if you are part of a team, YES you are!!

For more information visit: www.sacvalleyaidsrunwalk.org, or contact Lanette Davies, ASA-Sacramento Chapter, Crusaders 4 Patients Rights Director at 916-924-3455.
We look forward to seeing all of you there!

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12. Saturday, September 27 - Santa Cruz: WAMMFest 2008

Join the Wo/Men's Alliance for Medical Marijuana once again for "The Best Grass Roots Political Party in Town" - at the Fifth Annual WAMMFest, 2008! An excellent event with music, politik, poems, games and fun for families, everyone is welcome! ASA will have a booth at the event, so stop on by to pick up literature and learn how to get active and join the ASA team! Come celebrate and stand for justice in the protection of medical cannabis patients everywhere!

When: Saturday, September 27, 2008 @ 12pm-5pm
Where: San Lorenzo Park Benchlands, 1
37 Dakota Street Santa Cruz, CA by
the San Lorenzo River Duck Island.

More information and automated sign up can be found at: wammfest.org or call WAMM at: 831.425.0580 or fax us at: 831.425-0582 or email: jackie@wamm.org.

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--
George Pappas
Field Coordinator
Americans for Safe Access
http://AmericansForSafeAccess.org

Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Join us today... http://AmericansforSafeAccess.org

1322 Webster St Suite 402
Oakland, CA 946 2
P: 510-251-1856 ext. 321 F: 510-251-2036