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Link to UsCalifornia
Federal Preemption
County of San Diego v. San Diego NORML
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.
Criminal Defense
Motions to Dismiss
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.
Employment
Ross v. RagingWire Telecommunications
Review briefs before the California Supreme Court in the employment discrimination case of Ross v. RagingWire.
Sample Employment Letters
Review letters ASA has developed to help prevent patient discrimination and employment termination because of a positive test for marijuana.
Unemployment
Jesse Ewing
Review the brief that successfully challenged the denial of a patient's unemployment benefits.
Return of Property
One of the biggest problems with the implementation of California's medical marijuana law is the widespread, wrongful seizure of medicine. ASA is fighting on many fronts to protect patients and caregivers from such abuses.
Felix Kha
Review briefs from this return of property case currently before the California Court of Appeal for the Fourth Appellate District, in which the Attorney General filed an amicus brief.
Ben Goldstein
Review briefs from 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 Appeal for the First Appellate District, and has the support of the National Association of People Living With AIDS.
Jim Blair
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.
Sample motion for return of property
Review ASA's sample motion for return of property and instructions on how to file and argue it.
Court orders for return of property
Review court orders for return of property from County Superior Courts across the state.
CHP / DMV
California Highway Patrol
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.
Department of Motor Vehicles
Review briefs that have been successful at reinstating patients' driver's licenses that had been suspended or revoked
Collective Bans
Butte County
Review briefs from a lawsuit challenging Butte County's policy of prohibiting private patient collectives.
City of Fresno
Review briefs from lawsuits challenging bans by the City of Fresno and other cities against medical cannabis dispensing collectives.
Housing
Taxation
Sales Tax
Review ASA's position paper challenging sales tax of medical marijuana by the State Board of Equalization, and the resulting policy change that occurred in October 2005.