Pages tagged "San Diego"


ASA California Roundup: March 24, 2014

Contents:

Message from the CA Director - Local victories in CA

California News

  • Medical marijuana dispensaries are denied federal tax breaks (National)
  • Boom and bust in California’s medical marijuana industry (California)
  • Medical marijuana should be regulated by state (California)
  • Medical Marijuana Appeal Rejected, Aaron Sandusky Faces Nine More Years (California)
  • Anti-Pot Rhetoric Out of Step With California Voters (California)
  • San Pablo puts brakes on tough new anti-marijuana ordinance (San Pablo)
  • Fresno City Council bans all marijuana growing (Fresno)
  • Fontana’s Last Medical Marijuana Dispensary Fights Looming Shutdown (Fontana)
  • West Covina joins neighbors in medical marijuana dispensary ban (West Covina)
  • Judge Blows Smoke On LA Pot Shops' Equal Protection Suit (Los Angeles)

Events

  • Monday March 24, 2014 – Court Support for Steve Wick (Inyo County)
  • April 5-7, 2014 - The 2nd Annual National Medical Cannabis Unity Conference (Washington, DC)
  • Wednesday, April 23, 2014 – Medical Cannabis Forum with District Attorney Candidates (Sonoma)

Take Action

  • Oppose AB 2500 – Don’t turn patients into criminals!
  • Join Americans for Safe Access (ASA)

ASA Website Spotlight

  • Medical Cannabis Advocates Training Center

ASA Merchandise

  • ASA Cloud Vaporizer Pen
  • ASA Condition-Specific Booklets for Kindle

ASA Chapter & Affiliate Meetings

  • Tuesday, March 25, 2014 - San Diego ASA (North County)
  • Thursday, March 27, 2014 - Sacramento ASA (Sacramento)
Read more

ASA California Roundup: March 10, 2014

Contents:

Message from the CA Director - Flex your grassroots muscle... today!

California News

  • Marijuana news: California governor, worried about 'potheads,' is skeptical of legalized pot (California)
  • Medical marijuana bill limits who can prescribe pot (California)
  • Jailed For Medical Marijuana: California Man Gets 2 Years In Federal Prison For Managing Legal State Dispensary (California)
  • California Man Begins 2-Year Prison Term For Working At Legal Marijuana Dispensary (California)
  • Editorial: Long-overdue reforms for medical pot (California)
  • City of Chula Vista fighting to close illegal medical marijuana dispensaries (Chula Vista)
  • Medical marijuana patients accused of illegally growing at home turn down plea deal (Vista)
  • Outdoor marijuana grow ordinance up for debate; Planning Commission seeks public input before making changes (Humboldt County)
  • Cash shipment led to Mendocino pot dispensary raid (Mendocino County)
  • Two arrested, suspected in making 'honey oil,' causing Palm Springs home explosion (Palm Springs)

Events

  • Monday, March 10, 2014 – Livermore City Council Meeting (Livermore)
  • Monday, March 10, 2014 – Court Support for Heath Phillips (Sacramento)
  • Tuesday, March 11, 2014 – CA Assembly Public Safety Committee Hearing (Sacramento)
  • Thursday, March 13, 2014 – Weed City Council Meeting (Weed)
  • Thursday, March 13, 2014 – Court Support for Shelby Lucero (Sacramento)
  • Monday, March 17, 2014 – Court Support for Elias Tuvor (Stockton)
  • April 5-7, 2014 - The 2nd Annual National Medical Cannabis Unity Conference (Washington, DC)

Take Action

  • Tell CA Lawmakers to Reject AB 1588
  • Join Americans for Safe Access (ASA)

ASA Website Spotlight

  • Press Releases
  • Free Online Services

ASA Merchandise

  • ASA Cloud Vaporizer Pen
  • ASA Condition-Specific Booklets for Kindle

ASA Chapter & Affiliate Meetings

  • Tuesday, March 11, 2014 - Nevada County ASA (North San Juan)
  • Tuesday, March 11, 2014 - Ventura ASA (Ventura)
  • Tuesday, March 11, 2014 – San Diego ASA (San Diego)
  • Thursday, March 13, 2014 – San Diego ASA (Imperial Beach)
  • Thursday, March 13, 2014 – Yuba County ASA (Foothills)
Read more

San Diego prosecutor to try dispensary operator for third time

Third time’s a charm? Not in the case of Navy veteran and former San Diego dispensary operator Jovan Jackson.

San Diego Assistant District Attorney (ADA) Chris Lindberg decided this week to try Jackson for a third time in as many years. Jackson, who operated the San Diego dispensary Answerdam Alternative Care Collective (AACC), was raided by a multi-agency law enforcement task force in 2008 and again in 2009. Jackson was tried the first time on possession and distribution charges, but was acquitted by a jury in 2009.

Unsatisfied with that result, ADA Lindberg, likely at the behest of San Diego District Attorney Bonnie Dumanis, tried Jackson a second time on charges levied after the 2009 raid on AACC. The second trial was not considered “double jeopardy” by the court because the prosecution was based on a different raid. During Jackson’s second trial in 2010, Lindberg prevented him from using a medical marijuana defense and, as a result, was convicted this time on the same charges of possession and distribution.

Outraged by this official persecution of a law-abiding dispensary operator and the waste of taxpayer dollars, Americans for Safe Access (ASA) appealed Jackson’s conviction in late 2011. In a unanimous landmark decision by California’s Fourth District Court of Appeal, Jackson’s conviction was overturned in October 2012. The court also held that Jackson should have been entitled to a medical marijuana defense, rejecting arguments made by both Lindberg and the Attorney General that patients must take part in the cultivation used to supply dispensaries.

Although the Attorney General decided not to appeal the 2012 ruling overturning Jackson’s conviction, in an unusual move Lindberg appealed to the California Supreme Court. Clearly disappointed by the High Court’s decision earlier this year not to review the case, Lindberg is seeking to try Jackson again. This time, however, Jackson is ensured a defense at trial.

The new trial, which has been set for May 1st in San Diego County Superior Court, is clearly a waste of taxpayer dollars in a time of fiscal crisis, but is also a futile attempt to undermine patients’ rights to safely and legally obtain their medication from storefront dispensaries.

Since the landmark appellate ruling, San Diego Mayor Bob Filner has indicated his disinterest in prosecuting state-compliant dispensary operators in the city. Mayor Filner has also promised to help pass an ordinance that would establish local dispensary regulations, thereby making Jackson’s third trial that much more superfluous, yet still injurious for Jackson.

It seems doubtful to say the least that Jackson could now be convicted by a jury. It’s long past time for law enforcement in San Diego to abandon its hostile stance toward medical marijuana and allow California law to be implemented without further interference.

California Supreme Court Deems Legality of Storefront Medical Marijuana Dispensaries “Final”

"The matter is now final," according to the California Supreme Court.  On Wednesday, the California Supreme Court denied requests from the League of California Cities, the San Diego District Attorney's Office, the Sacramento District Attorney's Office, the Sonoma District Attorney's Office, the Los Angeles District Attorney's Office and the Los Angeles City Attorney to depublish or review the published decision in People v. Jackson.

After years of struggling over the issue, the Court of Appeal held that storefront dispensaries are legal under California law, so long as they operate on a not for profit basis and adhere to certain corporate forms.  This decision establishes that storefront dispensaries are unquestionably legal under California law and that localities cannot continue to rely on their now-discredited view that all sales of medical marijuana are illegal in order to support their ongoing attacks on medical marijuana dispensaries.

Another important impact of the appellate court ruling is providing medical marijuana providers with a clear defense to state criminal charges. Specifically, the ruling held that in mounting a defense at trial:
Jackson was only required to produce evidence which would create a reasonable doubt as to whether the defense provided by the [Medical Marijuana Program Act] had been established.

The court further held that:
[T]he collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization. Thus, contrary to the trial court's ruling, the large membership of Jackson's collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense.

A big win for ASA in San Diego

California’s 4th District Court of Appeal overturned the conviction of San Diego medical cannabis provider Jovan Jackson today. The decision in People v. Jackson recognizes the right of medical cannabis dispensaries to exist and provide medicine to patient-members.  The decision further clarifies that members can participate in the association though financial contributions (sales) alone. This is an important milestone, because until now, some law enforcement and law makers all have refused to acknowledge that patients can organize cooperative and collective associations that sell medical marijuana. Today’s decision may have far-reaching implications for local and state implementation and regulation of medical marijuana.



Jovan Jackson was first arrested for providing medical cannabis in the City of San Diego in 2008. He was prosecuted for cannabis possession and sales and acquitted by the jury. San Diego District Attorney Bonnie Dumanis, a steadfast opponent of medical cannabis, retried him on the same charges in 2009. In that case, Superior Court Judge Howard Shore denied Mr. Jackson the right to use California’s medical cannabis laws as a defense in court. Judge Shore referred to medical cannabis as “dope” and called state medical cannabis laws a “sham” during the trial.

Americans for Safe Access (ASA) took Mr. Jackson’s appeal last year, because we knew this case was important for the future of safe access in California. Medical cannabis opponents have argued steadfastly that every member of a patients’ association must physically participate in the cultivation of plants and that no member can buy medicine. ASA disagreed, and this was just the case to settle the issue. Relying heavily on People v. Colvin, a prior appellate decision in the California’s 2nd District, the court ruled that
"Jackson was only required to produce evidence which would create a reasonable doubt as to whether the defense provided by the [Medical Marijuana Program Act] had been established… the collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization. Thus, contrary to the trial court's ruling, the large membership of Jackson's collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense."

The California Attorney General may decide to appeal the Jackson decision, and ASA will be ready to fight this case all the way to the state Supreme Court. Regardless of what comes next in court, patients should hope lawmakers are listening to court today. California votes called on state officials to “to implement a plan to provide for the safe and affordable distribution of marijuana” when they approved Proposition 215 in 1996. State lawmakers tried to further clarify the issue when the adopted the Medical Marijuana Program Act in 2003. That bill explicitly allowed collective and cooperative associations and provided for reimbursements for medicine.  It is past time for prosecutors like Ms. Dumanis, local law makers, and state representatives to stop stall and start regulating.

DuffyHoax Revealed - Medical Cannabis Advocates Explain It All


On October 7, 2011, at a press conference in Sacramento, US Attorney Laura Duffy, along with several other US Attorneys, announced a statewide crackdown on medical cannabis cooperatives, collectives, gardens, and others.

Without citing any specific violations in state law, Duffy's office claimed all were out of compliance and would be targeted for eradication including those fully licensed and regulated by local government and law enforcement.

Since this proclamation of war on California’s medical marijuana program, Duffy’s office sent hundreds of letters to landlords threatening asset forfeiture if they did not immediately evict their dispensary tenants. As a result of these backhanded tactics, many landlords were forced to comply. Within six months, Duffy closed over 200 dispensaries in San Diego alone.



These closures forced thousands of employees into unemployment, left hundreds of properties vacant and most importantly, left the 70,000 plus medical marijuana patients in San Diego county wondering where to get their medicine

Duffy’s war did not stop with just closures of collectives and cooperatives. With her next move, she focused on local governments. After learning that advocates had gathered enough signatures to place initiatives to regulate dispensaries on several local ballots in the county, she began threatening council members and city staff with federal prosecution for writing laws to regulate safe access.

This past July, Duffy fired off a threatening letter to the City of Del Mar, as well as sent DEA agents to several council meetings to intimidate lawmakers in person. Duffy's actions, as well as those of other US Attorneys across the state, are in stark contrast to what President Obama and the Department of Justice are saying.

During his election in 2008, Candidate Obama promised he would not use Justice Department resources to target those in compliance with state law, and his administration publicly maintains this position. In addition, as recently as June, Attorney General Eric Holder, Duffy’s boss, testified before Congress that his Justice Department would only undertake enforcement action against medical marijuana organizations operating "out of conformity with state law."

Under President Obama’s Justice Department’s asset forfeiture fund has grown from $500 million in 2003 to $1.8 billion in 2011, with $79 million going directly to California law enforcement agencies.

Since October of last year advocates have worked tirelessly, using traditional means to fight against these attacks and to bring media attention to the issue. Lawsuits have been filed, letter drives organized, petitions signed, protests held, letters to editors written— yet nothing has worked. In fact, in San Diego the attacks seem to be getting worse and it was clear that something more radical had to be done.

How San Diego ASA Got Involved in the Action


San Diego Chapter of Americans for Safe Access (ASA), the nation’s largest medical cannabis advocacy group, working with LGBT activism group Canvass for a Cause, received a letter from the San Diego Museum of Art last month, inviting both groups to participate to participate in The Yes Men’s "Yes Labs" workshop organized by the museum as part of their Summer Salon Series program.

The goal of the workshop as the email explained was, "to identify a concrete, media attention grabbing idea and then figure out an approach towards making it come to fruition."

Upon accepting the invitation, another email from the museum asked San Diego ASA to have at least a few hundred dollars available to turn the project into a reality.

The next email read, "Despite the fact that the museum provides you with The Yes Men, the space, and meals, we do not want this cost to be a deterrent. Therefore, the Museum will contribute $100 in seed money to get you on your way."

The workshop was scheduled for July 23rd and 24th at Agitprop, an art gallery in North Park.

The Workshop


The opportunity to execute an action holding Duffy accountable with help from The Yes Men and with the support of local arts community, could not have come at a more appropriate time. Not only were advocates looking for new summer activities to take on as part of Americans for Safe Access's summer program www.CampWakeUpObama.com, but the first day of the workshop, several members had to miss a part as they were Downtown organizing a protest against Duffy’s attempt to close the sole permitted dispensary in the county.

The workshop began with introductions and an awe inspiring presentation of previous artistic actions organized by ‘The Yes Men’. The day then shifted into group discussions of causes everyone cared about and actions that could be taken right here in San Diego in support of those causes. After a few brainstorming sessions the group reached consensus to focus on the medical cannabis issue first. A plan was hashed out and Tuesday July 31st was set as the day of action. It became clear that through satire and art the chapter would bring attention to Duffy’s reign of terror.

The plan was that a series of satirical press releases would be issued to media first claiming Duffy would target pharmacies for closure using asset forfeiture proceedings, similar to her track record with medical marijuana dispensaries, followed by another press release from Duffy claiming the first was a hoax and the perpetrators would be prosecuted. Then, a fake organization called FAC – the Federal Accountability Coalition would take credit for both satirical releases. Finally, the real advocates behind the project would step forward and claim responsibility in a fourth an final release.

The Day of the Action


On July 31st, a command center was set up in the heart of Hillcrest. The day began at 7:04am with the first press release sent to the media from laura.duffy@usjusticedept.us, an email address chosen to resemble the real Duffy’s but be clearly phony, stating that the US Attorney will be shutting down pharmacies for their high volume of sales of controlled substances, the same rationale used by US Attorneys to close medical cannabis dispensaries.
These pharmacies are not only about providing medicine to the sick. They are part of a pervasive for-profit industry that facilitates the distribution of drugs for illegitimate use. Doctors are prescribing unneeded medication; kids are overdosing on aspirin; police are finding pill bottles at junior high schools. Addiction and abuse of these drugs are serious problems in our communities and parents have come to me with their concerns. These pharmacies have provided not just medication - prescription and otherwise - but all the serious repercussions that come with it, including significant public safety issues and often irreparable harm to our youth.” said Duffy.

At 7:34am, local San Diego CityBeat reporter Dave Maass, tweeted: “I wonder if the real looking press release I got from a fake looking email might be a product of The Yes Men workshop with mmj activists.” (@DaveMaass).

While other media outlets, including the LA Times, were digesting the first release and trying to understand which pharmacies were being targeted, an actor playing "Deputy US Attorney of Narcotics and Logistics, Mr. Shiner" (a name selected randomly) was available by phone to answer questions.

"Yes we are shutting them down," said Shiner while answering one of the calls, "Prosecutorial discretion means Duffy decides how and when to enforce laws."

In the hour following the first release and while "Mr. Shiner" was answering inquiries from media, several Cease and Desist notices were posted by actors at five pharmacies in town. Although the fake press release said twenty locations were being targeted, only five actual notices were posted on the front doors of pharmacies.laura.duffy@us-doj-gov.us claiming the first release was a hoax and that the perpetrators would be prosecuted to the fullest extent of the law.

Analogous to the first release, the second had a spokesperson as well. This time, it was an actor playing Mr. Steven T. Fredrickson (another randomly chosen name). "Mr. Fredrickson" answered calls and email from media outlets and discussed the strict enforcement action he was planning on taking against the perpetrators of the first release. "They will be thoroughly punished,” he told reporters "we will be issuing another statement in the near future."

Shortly after the second release was sent out, the real Laura Duffy scheduled a press conference for 11:00am to discuss the fake releases. Meanwhile, Shiner's and Fredrickson's phones were ringing off the hook, with reporters trying to figure out who was behind the hoax.

Although not planned for, Duffy’s press conference spurred the idea of sending an actor to deliver the third release directly to the media gathered at the press conference.

Duffy stood outside the federal courthouse in front of a dozen cameras grumbling about the fake releases. Interrupting her speech, the actor walked up to the media and said, "Laura Duffy is a Benedict Arnold, nothing but a Benedict Arnold!" and passed out the third release, in which the Federal Accountability Coalition claimed responsibility.

This third release scolded Duffy for her wasteful attack on state’s rights, as well as insubordination of federal government, President Obama, and attorney general Holder. The release criticized her insubordination, raised concerns of her rogue efforts, and raised fears of Duffy targeting farmers' markets and people’s right to bear arms next. The statements in the release were so sensational that even more media attention was brought to the action as a result.

Once all copies of the release were handed out, he walked away, the media following him for several blocks. The mere presence of FAC caused all the cameras to shift focus away from Duffy and to the actor, as a result entirely spoiling her press conference.

After the third release went out, an actor playing Dexter Haight (another randomly chosen name) took calls and answered reporters' questions.

By this time, there were already multiple articles online about the hoax and the action was taking over local news coverage for the day. Various news outlets were running stories about the action, some of them mixing up real quotes from Duffy with quotes from fake releases, and all of them focusing on this organization called FAC.

The FAC had not only an email and phone number, but, to appear credible, there was also a website, a Facebook page, a Twitter account and a YouTube Account, which were all getting a lot of traffic. The website and FAC press release included links to a video where Dexter Haight claimed responsibility for the hoax on camera.

The Youtube page had interviews with various people, including a pharmacist, a CVS store manager, and a patient who supposedly patronized the stores shut down by Duffy’s actions. As the actor playing Dexter was fielding dozens of calls and emails from media about the hoax, it became clear that the best way to finish off the day was for FAC to hold a press conference at which the full reveal would take place. FAC then announced that a press conference would be held at the Veterans Museum in Balboa Park at 2pm that day to discuss all the details of the hoax.

The media showed up in full force. There were multiple cameras, photographers, and a stand with microphones. The press conference started promptly at 2pm with the actor playing Dexter Haight coming up to the stand and announcing, “My name is Dexter Haight, I am with the Federal Accountability Coalition. I am here to announce that my name is not Dexter Haight, I am an actor.” After Dexter spoke, advocates took the stage and discussed in detail the horrors of Duffy’s actions and why they had gone to such great lengths to bring this issue to light.

Just as this final press conference began, the 4th and final press release was sent out, explaining that medical cannabis activists were behind the hoax.
"Just as the closure of retail pharmacies, like CVS or Walgreens, is poor public health policy, so is the federal government’s crackdown on medical cannabis dispensaries," said Eugene Davidovich of San Diego ASA. "Pharmacies, like medical cannabis dispensaries, play an essential role in our communities as they help the sick and dying treat and manage various medical conditions," continued Davidovich. "Laura Duffy and the Obama Administration have no place interfering in the implementation of state law by shutting down dispensaries that thousands of patients rely on."

Since the final release, multiple articles have been published by various news outlets covering the action as well as Duffy’s response. Duffy, however, instead of considering changing her stance on cannabis, has since threatened jail time for those she calls "the hoaxers" and has announced to the media that the FBI has been brought in to investigate; more waste of taxpayer dollars and another boneheaded move by Duffy’s office.

With this action and other actions that took place that week throughout the state, Duffy and other US Attorneys are on notice that any person who interferes with medical cannabis patients and/or providers will continue to be subject to coordinated grassroots response by the public at large, in local and national forums.

It is time to end this war on patients, let science lead public policy, and allow states to protect their most vulnerable citizens.

The San Diego Chapter of Americans for Safe Access would like to extend a thank you to all the advocates who took part in this wildly successful expression of art and satire, with a special thank you to Canvass for a Cause, The Yes Men, Agitprop and the San Diego Museum of Art for making this action possible.

More Information


San Diego Chapter of ASA - www.SafeAccessSD.org

Canvass for a Cause - www.canvassforacause.org

Eugene Davidovich is a Steering Committee Member of the San Diego Chapter of Americans for Safe Access.