Brief Bank
Review briefs from the case of the prolific author and medical marijuana activist, including a successful motion to dismiss based on vindictive prosecution.
Review appeal briefs from the case of one of the first patients after the passage of Proposition 215 to be charged federally for personal use cultivation.
Review briefs challenging the position of the federal Department of Health & Human Services and Food & Drug Administration that marijuana has no medical value.
Review briefs challenging a due process violation of destruction of property, which resulted in an $8,000 settlement agreement.
Review briefs by ASA, Drug Policy Alliance and the ACLU Drug Law Reform Project, successfully defending the state's medical marijuana law. San Diego Superior Court ruled that federal law does not preempt state law.
For years, local officials
have tried to use federal law as a reason to deny patients their legal
rights, but the July 2008 landmark decision in the San Diego case made
clear that federal law does not
preempt the state's medical marijuana law. ASA filed a lawsuit against Solano county for
failing to implement the ID card program, and, in June 2009, the Board of Supervisors voted to begin implementation of the state-mandated program.
Law enforcement violations of the Compassionate Use Act and Senate Bill 420 are widespread across the state. As a result, countless patients are forced to go through the court system. Herein are briefs to help with the legal defense of patients and caregivers.
Review briefs filed before the California Supreme Court in an effort to overturn an appellate court ruling that gives landlords the ability to discriminate against patient tenants.
Review letters ASA has developed to help prevent discrimination and employment termination because of a positive test for marijuana.
Review the brief successfully challenging the denial of unemployment benefits.
Review briefs from this return of property case currently before the California Court of Appeals for the Fourth Appellate District, in which the Attorney General filed an amicus brief.
Review the briefs for this case of a person living with HIV who was robbed, then prevented by the San Francisco police from obtaining his stolen medicine. This case is before the California Court of Appeals for the First District, and has the support of the National Association of People Living With AIDS.
Review briefs from a lawsuit in which the City of Emeryville was forced to pay $15,000 to compensate a patient for his wrongfully confiscated medical marijuana.
Review ASA's sample motion for return of property and instructions on how to file and argue it.
Review court orders for return of property from County Superior Courts across the state.
Review briefs from a lawsuit that successfully reversed a bad CHP policy of mandatory seizure of patient medicine. ASA obtained a 4-year "consent decree" from the CHP and the Governor, and $75,000 in attorneys fees.
Review briefs that have been successful at reinstating patients' driver's licenses that had been suspended or revoked
Review briefs from a lawsuit challenging the City of Anaheim's outright ban on medical marijuana dispensaries.
Review briefs from a lawsuit challenging Butte County's policy of prohibiting private patient collectives.
Review briefs from lawsuits challenging Fresno's and other cities' bans on medical cannabis dispensing collectives.
Review this letter that may assist patients in avoiding tenancy evictions.
Review a position paper challenging sales tax of medical marijuana by the State Board of Equalization, and the resulting policy change that occurred in October 2005.
