California Weekly Round Up

September 28, 2007

DEA Raids a Sacramento Dispensary and Attacks Oakland Edible Provider, Tainted, Inc.

This week, the DEA escalated their attacks on patients in California when agents raided the oldest running dispensary in Sacramento, River City Patients' Center and in a separate attack, Oakland-based medical marijuana edible manufacturer, Tainted, Inc.

Wednesday morning, federal agents showed up at River City Patient Center raiding the facility, detaining five employees, stealing medicine, seizing the collective's financial assets, and detaining the collective's operartor, William Pearce. The raid came after a supposed yearlong investigation into Pearce's collective. Pearce, a highly respected member of the medical marijuana community, and the five employees were released Wednesday evening. No arrests were made.

ASA's Sacramento Chapter and affiliates turned out over 100 protesters during the raid, showing their support for the collective. Read more about the raid in the Sac Bee, and read about ASA's response on our new blog.

The other attack on Wednesday was independent of the Sacramento raid. The DEA targeted medical marijuana edibles provider, Tainted, Inc. The paramilitary-style raids by the Drug Enforcement Administration (DEA) involved five locations the DEA says are connected to Tainted, Inc., a well-known supplier of edible medical cannabis products available in dozens of medical marijuana dispensaries across the state. Heavily armed federal agents seized cannabis plants and medicinal edibles, arrested three people and shot an employee's dog.

Tainted, Inc. provides clearly labeled baked goods and other marijuana edibles to medical cannabis patients and collectives all over California. Edible cannabis products provide an alternative to smoking cannabis and are preferred by many patients. The products made by Tainted, Inc. are available only through medical cannabis dispensaries and carry prominent warning labels.

Tainted owner Michael Martin was out of town when the raids occurred and is expected to turn himself in to federal agents next week. Martin could face twenty years or more in federal prison for his role in supplying medical cannabis. Because federal law does not recognize medical uses for marijuana, if he goes to trial, Martin will not be allowed to tell jurors that his company supplied medical cannabis products through licensed dispensaries to qualified patients. Defense attorneys are prevented from raising state law, local regulations or the vast amount of medical cannabis science in federal marijuana trials.


Read ASA's full press release on the Tainted, Inc. raids.

The Medical Marijuana and HIV/AIDS Movement Mourn the Loss of Bay Area Activist, John Shaw
By ASA's Interim California Campaign Director, Don Duncan

I am very sad to learn that John Shaw, my friend and ally in the struggle for safe access, died yesterday in San Francisco. Many of you know John from his years of crusading and selfless volunteer work on behalf of medical cannabis and other HIV/AIDS patients. John's good spirits and positive attitude were always an inspiration. I remember how he brought so much enthusiasm to our first ASA outreach teams when he traveled to Los Angeles, never being daunted by the enormity of the task or the always-present opposition. He was always an empathetic friend and a joy to be around - someone who will long be missed by me and his many friends in the Bay Area and all over California.

I hope you will join me in expressing condolences to his family, loved ones, and friends. I have not yet heard word about services, but wanted to let the community know about this terrible loss. John Shaw at an ASA rally protesting a 2005 DEA raid.



Here is a link of John testifying in San Francisco earlier this month:

John Testifying


After clicking on this link, choose September 11th full Board meeting, then Jump to #19 in the 'Jump To' bar below the video screen. John appears at 51:15 in the video.

John's family is planning a memorial, and ASA will announce this when a date is chosen.

Thanks to ASA's Los Angeles Field Coordinator, Chris Fusco! You Will be Surely Missed

By ASA's Interim California Campaign Director, Don Duncan

I am sorry to report that Chris Fusco, our LA County Coordinator, will be leaving Americans for Safe Access this week. Chris has done an amazing job here in Los Angeles, helping to steer the campaign for safe access through some very turbulent times. He has helped shape the greatest expansion of safe access since Proposition 215 was adopted, and helped the community bear the brunt of the DEA's unprecedented pressure on patients and collectives.

I have watched Chris take initiative and show leadership as an ASA volunteer and as my personal assistant this year. With LA's moratorium finally in effect and the process of writing permanent regulations under way, Chris can move on knowing he has made a positive difference for this community.

His diligence and good nature will be missed. Let's all wish him well in his next endeavors and hope to see him again soon!

Call to the LA Office may be directed to (323) 882-6766 and emails may be sent to me at Don@SafeAccessNow.org

ASA vs. Alameda Elections Suit: Victory for Medical Marijuana Patients!

This past Tuesday, Superior Court Judge Winifred Y. Smith ruled that the Alameda County Registrar of Voters and Alameda County, "have engaged in a pattern of withholding relevant evidence and failure to preserve evidence" necessary to conduct a recount of a hotly contested Berkeley ballot measure in 2004. As a result, the Court has voided the election and ordered the County to place Measure R back on the ballot for a re-vote at the next year in the general election. Judge Smith continued by saying Alameda County officials should pay attorneys' fees and reimburse a medical marijuana group more than $22,000 for the costs it incurred during a disputed recount shortly after the November 2004 election.The measure sought to end limits on the number of plants allowed to medical marijuana users and would have created a peer oversight committee for medical cannabis dispensaries in the city.

Americans for Safe Access and three other patients filed the lawsuit against Alameda County on December 30, 2004. The lawsuit challenges Alameda County's refusal to allow the public to examine copies of the Measure R electronic votes and system audit logs during the recount of the ballot initiative conducted on electronic voting machines made by Diebold Election Systems, Inc.

Read about the victory for Measure R and patients and providers in Alameda County in the San Francisco Chronicle.

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