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Brief Bank


Federal

Criminal

Ed Rosenthal

Review briefs from the case of the prolific author and medical marijuana activist, including a successful motion to dismiss based on vindictive prosecution.

Michael Teague

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.

Civil

Data Quality Act

Review briefs challenging the position of the federal Department of Health & Human Services and Food & Drug Administration that marijuana has no medical value.

Michael Lee

Review briefs challenging a due process violation of destruction of property, which resulted in an $8,000 settlement agreement.

California

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 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.

Sample Employment Letters

Review letters ASA has developed to help prevent discrimination and employment termination because of a positive test for marijuana.

Unemployment

Jesse Ewing

Review the brief successfully challenging the denial of unemployment benefits.

Return of Property

One of the biggest problems with implementation of medical marijuana law in California is the widespread, wrongful seizure of medicine from patients. ASA is fighting on many fronts to protect patients from such abuses.

Felix Kha

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.

Ben Goldstein

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.

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 Fresno's and other cities' bans on medical cannabis dispensing collectives.

Housing

Sample Housing Letter

Review this letter that may assist patients in avoiding tenancy evictions.

Taxation

Sales Tax

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.