DEA Raids Los Angeles Dispensary

On Tuesday, the DEA raided Total Relief Center in Los Angeles. Employees were detained for a long period of time, but no arrests have been reported. This raid followed a DEA raid last week in Long Beach, at Long Beach Organics. Neither of these raids could be confirmed soon enough to activate ASA’s emergency response system.

To help keep ASA informed and to activate the response system, please call the ASA office at 510-251-1856 if you hear about a raid occurring.

Local Medical Marijuana Regulation Updates: Arcata & Fortuna

Arcata Moves forward with Regulation of Medical Cannabis Dispensaries

This month, dispensary operators and city staff in Arcata began meeting to draft land use codes for medical cannabis dispensaries. City staff plan to use information gained from these meetings to draft an ordinance that could be ready for the the City Council to approve as early as next month. The city’s community development director, Larry Oetker, feels positive about the process and said, “I don’t run a medical marijuana dispensary. The goal is to bring in the people that run that industry and try to develop some standards that reflect the day to day operation of that industry.”

For more information, please read the article in The Times Standard.

Fortuna Bans Medical Cannabis Dispensaries

This week, the Fortuna City Council finalized its ban on medical cannabis dispensaries. Several residents spoke out against the the ordinance and others spoke in favor of it, but ultimately, the council decided to permanently ban dispensaries in the city.

For more information, please read the article in The Humboldt Beacon.

We have seen many big wins for medical cannabis patients in California in recent years. ASA won important court victories against the California Highway Patrol and City of Garden Grove, which prevent the wrongful confiscation of medicine. In Malibu and Orange County, ASA helped persuade elected officials to reject bans on medical cannabis facilities in favor of sensible regulations. And in Sacramento, ASA is driving the medical cannabis agenda forward by sponsoring legislation to prevent workplace discrimination against patients.

The issue of medical cannabis is making progress in California, but that is not the story you see repeated in the media. From cable news to hometown papers, media seems convinced that California is out of control. Articles like the one in Saturday’s Chicago Tribune reinforce this perception. So do comments from some of our well meaning, but ill-informed allies in other states.

California pioneered medical cannabis reform in 1996, and that frontier spirit is still very much a part of the real-life experience of patients and providers here today. There are more medical cannabis doctors, patients, caregivers, growers, and providers here than anywhere else. The last three years have seen a tremendous expansion in the number of legal patients in rural and Southern California, a phenomenon that has challenged those regions’ peculiar brand of conservatism and generated a local backlash that piggy-backs on a national trend to question the wisdom of medical cannabis laws.

There has been a lot of media attention of late about the state of medical cannabis in California. Some of the concern is justified. A certain amount of recklessness and abuse exists here, and media reports focusing on that narrow aspect of our state’s medical cannabis program will no doubt influence the development of programs in other states and policy in Washington, DC. That has certainly been the case here in California, where City Council and State Representatives have been impacted by stories about lenient doctors, crime surrounding cannabis facilities, patients that do not “look sick,” and large scale commercial grow operations. But that impact has not always been bad. In some cases, concerns like those raised in the media lately have led to better policies at the local level.

These issues are real, but media coverage focuses disproportionately on stories of abuse, or perceived abuse, at the expense of telling the real California story: Proposition 215 works. California’s medical cannabis program is not only remarkable because it was innovative. It is also noteworthy because it has succeeding beyond expectations in putting medicine into the hands of patients who need it to treat serious illnesses. It is not unreasonable to suggest that most people who need cannabis in this state can obtain it. That is a fact that must not be overlooked. No other state has a medical cannabis law that has so effectively translated good intentions into a reality in the lives of so many sick people.

Advocates and policy makers in other states would do well to learn both what to do, and what not to do, from the California frontier. Research and experience teach us that sensible regulations reduce abuse and neighborhood complaints around medical cannabis facilities. ASA’s report “Medical Cannabis Dispensing Collectives and Local Regulation” shows the uniformly positive impact of regulations in cities and counties across the state. Unfortunately, few of our elected representatives took the voters mandate to develop a program for the safe and affordable access to medicine to heart back in 1996. Much of the controversy in California might be avoided in other states if state and local leaders move quickly to license and regulate access to medicine.

When considering the California experience, you must acknowledge that Proposition 215 is a shining example of voter-driven public policy succeeding against the odds. Where abuse exists, advocates, providers, patients, and lawmakers are moving to correct it. In Los Angeles, ASA and medical cannabis advocates are working hand-in-hand with Los Angeles Police Department veteran and Republican City Council Member Dennis Zine to champion regulations in a city that has seen both the largest proliferation of medical cannabis facilities – and the greatest federal pressure ever brought to bear against a community to eliminate safe access.

Federal interference is perhaps the greatest barrier to effective implementation of California’s medical cannabis laws. We cannot reach the voters’ goal of safe and affordable access for everyone who needs it if patients and providers must hide from federal persecution. Other states will struggle with this obstacle, too, until we finally succeed in harmonizing federal law with the laws of the states that are committed to medical cannabis. Advocates in every state can unite behind this common goal, regardless of the details of their individual programs.

The frontier for medical cannabis is moving east. Other states will soon grapple with the same issues of abuse and media bias that are so pronounced in California right now. This is all part of the process. We need to focus on our successes in the states as we engage the media and elected officials, and correct the problems as quickly and quietly as possible. The clock is ticking for this Administration and the anti-medical cannabis crusaders at the Department of Justice and Drug Enforcement Administration. We are going to win this battle and secure safe access in our communities. In the meantime, let’s learn both from the success of Proposition 215 and from its shortcomings in implementation that point towards a better path.

Berkeley Medical Marijuana Initiative Placed on the November Ballot

On Tuesday, the Patients Access to Medical Cannabis Act of 2008 was officially placed on the ballot. According to the Oakland Tribune,

It would eliminate limits on the amount of medical marijuana that could be legally possessed by patients or caregivers, establish peer review for medical marijuana collectives to police themselves and allow medical marijuana dispensaries to locate where permitted without a public hearing. The initiative originally called Measure R in 2004, failed by 191 votes, or less than half a percent of the ballots cast.

An Alameda County Superior Court judge nullified the results due to mishandling of a recount by Alameda County election officials, and ordered the citizen-sponsored medical marijuana initiative back on the ballot for a re-vote in 2008.

Advocates have formed a campaign committee and they will need help to pass this initiative. Look out for alerts in our weekly update to find out how you can get involved in this campaign to expand safe access in Berkeley.

Local Medical Marijuana Regulation Updates: Alameda, Fresno, & Del Norte

Alameda County Board of Supervisors Votes to Allow Edibles, Temporarily

On Tuesday, the Alameda County Board of Supervisors considered various amendments to its medical marijuana dispensary ordinance, which regulates dispensaries in the unincorporated areas of the county. On a 4-1 vote, the supervisors voted to allow the Board to permit a third dispensary in the future, since the one of the three permitted dispensaries in the county was shut down by the DEA last year. Advocates also won a huge victory when the supervisors voted to allow medical cannabis edibles to be sold at dispensaries for the next 120 days while a task force studies the issue. Thanks to all the patients and advocates who spoke out at this hearing - your voices made an impact on safe access in Alameda

Fresno County Board of Supervisors Votes to Delay Implementation of Medical Marijuana ID Card Program

On Tuesday, the Fresno County Board of Supervisors voted to delay implementation of the state ID card program until after the appellate ruling is issued in San Diego v. NORML, which is expected in September. Advocates who spoke out at the meeting did not turn away completely empty handed though - the supervisors instructed county staff to begin research and preliminary planning for the program. If the appellate ruling is positive, they will likely vote in September to implement the program. Thanks to Fresno ASA and Aaron Smith from MPP for all your hard work in the county!

Del Norte County Board of Supervisors Votes to Remove County Limits on Plants and Medicine

On Tuesday, the Del Norte County Board of Supervisors voted to remove county limits on how many plants and how much dried medicine a patient can possess. The current county guidelines, which will stay in effect until August 8, allow patients to grow up to 99 plants in a 100 square foot area and to possess up to a pound of marijuana. The decision to scrap the county guidelines came in response to the ruling in People v. Kelly, which ruled state limits were unconstitutional. This ruling is being appealed by the California Attorney General. Both law enforcement and patient advocates have expressed concern about the new law, as it leaves a wide amount of discretion to individual law enforcement officers.

California Senate Passes Resolution Calling for an End to DEA Raids

Yesterday, the California passed SJR 20 on a 24-15 vote. Introduced by Senator Carole Migden, this resolution urges the President and Congress of the United States to enact legislation requiring federal law enforcement to respect state medical marijuana laws, to cease raids of medical marijuana dispensaries that are operating legally under California and local law, and to return any assets seized from medical marijuana dispensaries and collectives to the states in which they are located.

This is a very exciting move forward for medical cannabis patients throughout the state.  If passed by the Assembly, this resolution will send a resounding statement nationwide saying to the Federal government that Californians are taking a stand and calling for an end to DEA attacks!

SJR 20 heads next to the Assembly. Since it is a non-binding resolution, the governor does not need to sign it.

For more information about the resolution, please visit www.AmericansForSafeAccess.org/SJR20

Mendocino Sheriff and District Attorney Will Not Enforce Measure B Plant Limits

Last week, advocates went to superior court, attempting to halt the implementation of Measure B. The measure, which passed in the June election, lowers the plant limits for medical marijuana patients from 25 plants to the state limit of 12 immature or six mature plants and eight ounces of dried marijuana. Attorneys for medical cannabis advocates argued in court last week that the measure should not be implemented because it conflicted with the recent appellate ruling in People v. Kelly, which struck down plant limits as unconstitutional.

Yesterday, Mendocino’s sheriff and district attorney announced that they would not implement the lower plant limits. However, in a change of policy, the limit of 25 plants will apply to each parcel, and not the number grown for an individual’s use. This means that collectives and cooperatives could grow no more than 25 plants total, regardless of how many patients they serve.

Advocates will continue to argue their case in court over the coming weeks, though their efforts may be effected by the expected appeal of the Kelly case by the Attorney General.

Please read the article in the Press Democrat for more details.

ASA’s Employment Rights Bill Passes the California Senate Judiciary Committee

On Tuesday, the Senate Judiciary Committee approved AB 2279. This ASA sponsored bill, authored by Assemblyman Mark Leno, would protect the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination. AB 2279, which is being co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), is in response to a January decision by the California Supreme Court in Ross v. RagingWire.

The bill will be heard by the full senate after they return from recess on August 4th. If AB 2279 passes the full senate, it will then be sent to the Governor’s desk. We will be sending out an alert in late July asking you to contact your senator to ensure the passage of this bill. We cannot pass this important civil rights bill without your help!

The Press-Telegram published an editorial in support of AB 2279 this week, which urges the Governor to sign the bill. Please visit their website to read this excellent editorial.

For a detailed account of the hearing, please visit ASA’s discussion forums.

Local Medical Marijuana Regulation Updates: Arcata & Claremont

Arcata Extends Moratorium on Medical Cannabis Dispensaries

This week, the Arcata City Council voted to extend its moratorium on new medical cannabis dispensaries for 10 months and 15 days. Several advocates, including members of ASA’s Humboldt chapter, spoke out in support of safe access at the hearing. Existing dispensaries will not be effected by the moratorium, and the council plans to work on long term regulations for dispensaries in the coming months.

Please read the Arcata Eye article on the hearing for more information.

Claremont Bans Medical Cannabis Dispensaries

On Tuesday, the Claremont City Council voted to ban medical cannabis dispensaries. This vote was a reversal of the council’s previous position, since they had voted several months ago to draft an ordinance to regulate dispensaries.

Please read the Daily Bulletin article on the hearing for more information.

Welcome to the latest installment of ASA’s video testimonial project. As many of you may remember, the video testimonial project has been designed to help educate people about medical cannabis by having patients and supporters share their stories.

This project was also designed to help people like you educate your friends and family about medical cannabis by sharing these videos with your community. Forward this blog to family, friends, and community members and help spread the word about medical cannabis. Also, check back here next Monday for the next installment of the video testimonials.

Noah Mamber is ASA’s Legal Services Coordinator. Watch this video to hear some of the stories he hears from medical marijuana patients and providers on a daily basis.

Noah Mamber, Oakland, CA

Thank you again to Carson Higby-Flowers for volunteering to record, edit, and produce the testimonials. Also, thank you to all of the brave patients, supporters, researchers, and advocates who took the time to participate in the video shoots. Check out last week’s installment here. Also, be sure to check back next Monday for the next video testimonial installment.

Medical Marijuana Legislation to Be Considered Next Week in the California Senate

Next week, the California Senate will vote on two pieces of medical marijuana legislation. The Senate Judiciary Committee will vote on AB 2279, which would protect the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination. Introduced by Assemblymember Mark Leno and sponsored by ASA, AB 2279 passed through the Assembly last month and, if passed by this committee, will soon head to the full Senate for a vote.

SJR 20, introduced by Senator Carole Migden, could be voted on by the full Senate as early as next week. This resolution urges the President and Congress of the United States to enact legislation requiring federal law enforcement to respect state medical marijuana laws, to cease raids of medical marijuana dispensaries that are operating legally under California and local law, and to return any assets seized from medical marijuana dispensaries and collectives to the states in which they are located. After clearing the Senate Health Committee, SJR 20 was slated to be heard in the Judiciary Committee, but the committee instead passed it straight to the Senate floor.

For more information on AB 2279 and SJR 20, please visit www.AmericansForSafeAccess.org/CA2008Bills

Luke Scarmazzo and Richard Montes Will Not Be Retried on Conspiracy Charges

On Monday, Luke Scarmazzo and Richard Montes were in court for a Motion for a Speedy Trial Hearing for Retrial on Conspiracy count. Scarmazzo and Montes had been tried in federal court last month. While the jurors had deadlocked on the conspiracy counts and acquitted on the firearms counts, they delivered a grand total of eight guilty verdicts against the defendants, including a conviction for continuing criminal enterprise, which puts Scarmazzo and Montes at risk of life imprisonment.

Here is Vanessa Nelson’s account of the hearing:

Rather than going to trial right away, federal prosecutors have decided to ditch the plan to re-try former dispensary owners Luke Scarmazzo and Ricardo Montes on conspiracy.

Both defendants were imprisoned a month ago, following the first trial of medical marijuana dispensary operators in federal court.  Oddly enough, the jurors handed down convictions on several weighty felony charges, but failed to return verdicts on conspiracy to manufacture marijuana, distribute marijuana, and possess marijuana with the intent to distribute.  Shortly after the trial concluded, Assistant U.S. Attorney Kathleen Servatius revealed that Scarmazzo and Montes would be re-tried on this conspiracy count, but the defendants’ refusal to waive time threw a wrench in the works.  Unable to find a way to avoid a speedy trial, Servatius announced yesterday that the government would dismiss the conspiracy count for both defendants “in the interest of justice.”

Please read the full story at Medical Marijuana of America’s website.

California Medical Marijuana Program Launches New Website

The California Medical Marijuana Program recently launched a new website. The site has several new features, including:

• A map tracking counties that have implemented the ID card program and those that have not.
• Statistics on state ID cards issued, by year.
• A more user friendly directory of county programs.

Interestingly, while 10,274 ID cards were issued in the fiscal year 2006/2007, this number dropped to 6,836 for 2007/2008. This drop in registration is possibly due to the fee increase that was implemented by the California Department of Public Health in March 2007.

For further information on California’s medical marijuana ID card program, please visit www.AmericansForSafeAccess.org/CAIDCard.

With All Votes Counted, Mendocino’s Measure B Passes

Two weeks ago, we reported that Measure B in Mendocino County appeared to have passed, but there were still more than 10,000 ballots to be counted. The final votes were counted today, and the measure passed with 52% of voters voting for the measure and 48% voting against it. Measure B lowers the plant limits for medical marijuana patients from 25 plants to the state limit of 12 immature or six mature plants and eight ounces of dried marijuana.

Though the ballot initiative has now passed, advocates may challenge it in court, based on the recent ruling in People v. Kelly.

Oral Arguments Heard in Appeal of San Diego v. NORML

by Joe Elford, ASA Chief Counsel

On June 10, 2008, the Court of Appeal for the Fourth Appellate District heard oral argument in the case of San Diego v. NORML, et al. The case pits the Counties of San Diego and San Bernardino against the State of California, Americans for Safe Access, the ACLU Drug Policy Reform Project, and other medical marijuana patients and advocates. The Counties are contending that California’s medical marijuana laws, in particular its medical marijuana identification card program, are preempted by federal law. Also, San Bernardino contends that SB420, which was enacted by the Legislature in 2003, represents an unconstitutional amendment of the Compassionate Use Act, which is a voter-approved initiative. ASA’s side prevailed at the Superior Court.

At the oral argument, television cameras were permitted in the courtroom to record the proceedings, which the Presiding Justice described as very unusual. The courtroom was packed, so the court had to create an overflow room where onlookers could watch the proceedings on closed-circuit television. The justices asked several questions of the Counties, but very few of ASA’s side — none to ASA or the ACLU. Five attorneys argued — one from each of the Counties; a Deputy Attorney General for the State; Joe Elford, Chief Counsel, for Americans for Safe Access and the patient-intervenors; and Adam Wolf of the ACLU for NORML and other intervenors. A decision is expected within 90 days.

Please read an extensive report on the hearing and a follow up community meeting at Hope Unlimited’s site.

Drew Carey Releases Video on DEA Raids & Medical Marijuana Use by Minors

This week, reason.tv released its second video on medical marijuana, featuring Drew Carey talking about one young man’s battle with cancer and use of medical marijuana. While his parents approved of his medicine, the DEA did not and shut down his local dispensary:

Owen’s parents knew the idea of giving medical marijuana to a 17-year-old strikes many people as scandalous. Local Sheriff Pat Hedges even asserts that allowing medical marijuana is “not in the best interest of a community that prides itself on providing a healthy, family environment.”

But the Becks weren’t concerned about what other people thought; they were focused on helping their son. So with a written doctor recommendation in hand, they purchased medical marijuana for their teenage son. The new medication eased Owen’s pain and nausea like nothing else had, and the Becks grew fond of Charlie Lynch, who would sometimes refuse payment because, says Steve Beck, “He was just a compassionate kind of a guy.”

But one day, Owen’s life took another abrupt turn. Federal agents and local sheriff deputies raided Charlie Lynch’s dispensary, and seized nearly everything inside, including Owen’s medicine. “He had a prescription from a doctor at Stanford, and they took his stuff!” says Debbie Beck. Federal agents cuffed Lynch, and put him behind bars. Even though state and local laws allow for it, medical marijuana is still illegal under federal law. And because he had clients like Owen who were under age 21, Charlie Lynch faces heightened penalties. In California the average first-degree murder serves 20 years behind bars; Charlie Lynch could face a sentence as long as 100 years in prison.

To read more and to watch this video, please visit ASA’s blog post about the video.

Local Medical Marijuana Regulation Updates: Alameda, Del Norte & San Francisco

Alameda County Delays Hearing on Dispensary Regulations

On Tuesday, the Alameda County Board of Supervisors was scheduled to discuss amendments to the county’s dispensary ordinance. Some of the proposed amendments would have greatly limited access in the county, including a provision that would have banned the provision of edibles and some types of concentrated cannabis at dispensaries.

ASA, Berkeley Patients’ Group, Harborside, and We Are Hemp did outreach to Alameda County residents and approximately twenty patients and supporters attended the hearing to speak out in support of safe access. The hearing was delayed until July 8th, giving advocates more time to work with the County Health Department to protect edibles. Thanks to everyone who came to the hearing - we hope to see you all there again on July 8th!

Del Norte County Set to Remove Medical Marijuana Cultivation & Possession Limits

On Tuesday, the Del Norte County Board of Supervisors considered revising its medical marijuana ordinance, reducing cultivation limits from 99 plants to the state limits of 6 mature plants or 12 immature plants. However, in the wake of the recent ruling in People v. Kelly, which ruled the state limits to be unconstitutional, the supervisors scrapped this plan.

Instead, they are proposing an ordinance that would completely remove county limits on medical marijuana cultivation and possession. This plan is still being opposed by patient advocates though, as reported in The Daily Triplicate:

“It’s got a good side and it’s got a bad side,” said Michael McCauley, local chapter coordinator for Americans for Safe Access Now, an advocacy group for medical marijuana.

He said the new ordinance, if approved, gives law enforcement too much discretion in determining what is an appropriate amount of medical marijuana for a patient to have.

“I think it places the reasonableness on local sheriffs and law enforcement,” McCauley said, adding there needs to be some sort of guidelines to ensure the safety of the patients.

“They need to have standards to go by and they need to work with the patient community to come up with those standards,” McCauley said. “They don’t need to arrest sick people.”

Visit The Daily Triplicate to read their full story.

More Than Two Years After Regulations Pass, First Storefront Dispensary Permit Issued in San Francisco

This week, Sanctuary became the first storefront dispensary in San Francisco to receive a permit from the city. Though dispensary regulations have been in place for more than two years, the permitting process has moved slowly, as dispensaries had to be approved by several city departments. Many dispensaries have invested tens of thousands of dollars to pay for the application fees and to renovate their facilities to bring them into compliance with the ordinance.

Twenty five San Francisco dispensaries have applied for permits and are at various stages in the process. Recently, the Board of Supervisors extended the deadline for obtaining a permit to January 2009. Though Sanctuary is the first storefront dispensary to receive a permit, The Green Cross Delivery Service received a permit from the city last year.

Read more about this story in the San Francisco Examiner.

reason.tv just came out with its second video on medical marijuana, featuring Drew Carey talking about one young man’s battle with cancer and use of medical marijuana. While his parents approved of his medicine, the DEA did not and shut down his local dispensary:

Owen’s parents knew the idea of giving medical marijuana to a 17-year-old strikes many people as scandalous. Local Sheriff Pat Hedges even asserts that allowing medical marijuana is “not in the best interest of a community that prides itself on providing a healthy, family environment.”

But the Becks weren’t concerned about what other people thought; they were focused on helping their son. So with a written doctor recommendation in hand, they purchased medical marijuana for their teenage son. The new medication eased Owen’s pain and nausea like nothing else had, and the Becks grew fond of Charlie Lynch, who would sometimes refuse payment because, says Steve Beck, “He was just a compassionate kind of a guy.”

But one day, Owen’s life took another abrupt turn. Federal agents and local sheriff deputies raided Charlie Lynch’s dispensary, and seized nearly everything inside, including Owen’s medicine. “He had a prescription from a doctor at Stanford, and they took his stuff!” says Debbie Beck. Federal agents cuffed Lynch, and put him behind bars. Even though state and local laws allow for it, medical marijuana is still illegal under federal law. And because he had clients like Owen who were under age 21, Charlie Lynch faces heightened penalties. In California the average first-degree murder serves 20 years behind bars; Charlie Lynch could face a sentence as long as 100 years in prison.

It’s a hard hitting video - check it out:

Charles Lynch will be facing trial this summer. We’ll be posting his court dates on on our upcoming court dates page so please check back.

Also, if you missed it, take a look at the first reason.tv video on medical marijuana, featuring ASA’s Executive Director Steph Sherer:

Welcome to the latest installment of ASA’s video testimonial project. As many of you may remember, the video testimonial project has been designed to help educate people about medical cannabis by having patients and supporters share their stories.

This project was also designed to help people like you educate your friends and family about medical cannabis by sharing these videos with your community. Forward this blog to family, friends, and community members and help spread the word about medical cannabis. Also, check back here next Monday for the next installment of the video testimonials.

Don Duncan is ASA’s California Director. Watch this video to find out how he got involved in the medical cannabis movement.

Don Duncan, Los Angeles, CA

Thank you again to Carson Higby-Flowers for volunteering to record, edit, and produce the testimonials. Also, thank you to all of the brave patients, supporters, researchers, and advocates who took the time to participate in the video shoots. Check out last week’s installment here. Also, be sure to check back next Monday for the next video testimonial installment.