California Weekly Round Up
January 04, 2008
Oakland Mayor Dellums Speaks Out for Safe Access On December 20th, Oakland Mayor Ron Dellums came out strongly in support of medical cannabis patients and dispensaries by issuing a statement and sending a letter to House Judiciary Chair John Conyers (D-MI). Dellums also stated his support for Representative Conyers' decision to hold hearings scrutinizing the latest DEA tactics in California of sending threatening letters to landlords and raiding dispensaries that are in compliance with local and state law. In Dellums' letter to Representative Conyers, he "urge[s] the House Judiciary Committee to expeditiously hold hearings and examine this very important issue." Mayor Dellums' public statement and letter were a result of a coalition of activists reaching out to the mayor, including ASA, local attorney James Anthony, the Drug Policy Alliance, CA NORML, and the Marijuana Policy Project. Just under a month ago, Bay Area landlords who rented to collectives received letters from the DEA threatening to seize their assets if they did not evict the medical cannabis providers. ASA and the coalition of advocates sprung into action, reaching out immediately to local elected officials, calling on them to stand up for patients and providers. Mayor Dellums' recent public support joins a handful of other elected officials in the Bay Area, including Senator Carol Migden, Assemblyman Mark Leno, and the Oakland City Council who have come out publicly against the federal government's attack on medical marijuana. We are continuing to rally support from local officials and the community. San Francisco Mayor Gavin Newsom and Berkeley Mayor Tom Bates have yet to release a statement supporting medical cannabis patients and providers and condemning the DEA's attacks. Read Mayor Dellums' letter to Representative Conyers at: http://www.americansforsafeaccess.org/downloads/Dellums_Letter_to_Conyers.pdf Read Mayor Dellums' statement at: www.AmericansforSafeAccess.org/downloads/Dellums_Statement.pdf
To find out ways to get involved and ensure safe access in San Francisco please contact Alex Franco at: AAAFranco@yahoo.com To find out ways to get involved in the East Bay please contact Sonnet@AmericansforSafeAccess.org
Court Appeals Verdict: Patient's Conviction is Reversed The Fourth Appellate District Court issued another very positive published decision in People v. Chakos last week. The two concurring judges, Aronson and Fybel, involved in the unanimous opinion were the same two concurring judges in the Garden Grove (Kha) case.
The court found that the conviction for possession with the intent to sell of defendant Chakos should be reversed because the court improperly admitted a cop to testify as an expert about marijuana distribution. They found him to be no more an expert than the average layperson because he did not understand the unique practices and difficulties faced by medical marijuana patients. Although the defendant possessed approximately six ounces of marijuana, had a digital scale, and plastic baggies, the court found that this did not suggest non-medical use. Specifically, after noting that a patient is legally entitled to possess eight ounces of marijuana under California law, the court stated:
"One might posit, then, that individuals who may lawfully possess marijuana under state law for medicinal purposes will have patterns of purchase and holding that will reflect the practical difficulties in obtaining the drug. Those practical difficulties could also explain the gram scale -- anyone with the lawful right to possess marijuana will need to take precautions not to insure that he or she does not get “ripped off” by a dealer, but that he or she does not possess more than the eight ounces contemplated by the Act. Practical difficulties of obtaining the drug also explain why a patient entitled to 13 possess it under state law might want to keep an extra supply on hand within the legal amount, since supplies would not be reliable."
They end the decision by referring to the "expert" cop:
"Now, are these speculations to be rejected because contradicted by the expert’s testimony on the record? No -- and that is the point: The record fails to show that Deputy Cormier is any more familiar than the average layperson or the members of this court with the patterns of lawful possession for medicinal use that would allow him to differentiate them from unlawful possession for sale. In other words, Cormier was unqualified to render an expert opinion in this case."
Read more about the case and the 4th Appellate Court's decision in the San Francisco Chronicle's story: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/12/21/BAJ0U37B7.DTL&tsp=1 Ukiah City Council Calls for Medicine Limits- Board of Supervisors to Consider Ballot Initiative The Ukiah City Council is expected to vote on a resolution today at 4:00pm, which calls on the Mendocino County Board of Supervisors to put an initiative on the ballot to limit the number of plants medical cannabis patients are allowed to cultivate and repeal the landmark legislation, Measure G. Measure G was voted on by the Mendocino County voters in 2000. The measure decriminalized personal use of cannabis, with the intent to create safer access for medical cannabis patients. Measure G also allowed patients to cultivate up to 25 plants for personal use.
The Council is calling for a repeal of Measure G and limiting the plant numbers to six per patient. The Board of Supervisors is scheduled to discuss putting the repeal of Measure G and limiting patients' cultivation on the ballot next Tuesday, January 8th.
Come out and support patients' access! Scroll down to "City and County Hearings" to find details about the Board of Supervisors meeting next Tuesday.
Read about Ukiah City Council's efforts to repeal of Measure G in the Press Democrat: http://www1.pressdemocrat.com/article/20071224/NEWS/712240316/1033/NEWS01 and in the Willits News: http://www.willitsnews.com//ci_7812598?IADID=Search-www.willitsnews.com-www.willitsnews.com
Orange County Begins Issuing Medical Cannabis ID Cards From Safe Access Now's Aaron Smith
On January 2nd, the Orange County Department of Public Health launched the statewide medical marijuana ID card program. Application for the cards are being taken on an appointment-only basis. Obtaining a card is voluntary for patients and caregivers but many find them to be very helpful in preventing false arrest by state and local law enforcement. In order to qualify for the ID card, you must be able to provide a copy of a valid doctor's recommendation for medical marijuana, proof of residency within Orange County and pay an application fee of $150 ($75 for MediCal recipients).
To make an appointment and apply for the card program, call the County Health Department at (714) 480-6717 during normal business hours.