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San Francisco Board of Supervisors Vote to Further Protect Safe Access From ASA SF Core Member, Alex Franco This week, the medical cannabis community celebrated the approval of two important pieces of legislation that will help to protect safe access in San Francisco, when the Board of Supervisors passed two key resolutions. The first resolution voted on re-establishes the city's sanctuary status and calls on the U.S. Congress and Mayor Gavin Newsom to stand up for patients rights and put an end to DEA's interferences. This passed by a 7-2 vote with Supervisors Sean Eslbernd and Carmen Chu. This legislation was introduced by Supervisor Chris Daly, drafted by attorney Pat Goggin, and worked on by activists from San Francisco ASA, Harvey Milk Club and Axis of Love. The second is a resolution that allows for dispensaries to stay open after the March 1st deadline pending an amendment to the current ordinance. The resolution passed unanimously! This legislation was also championed by Chris Daly and was worked on by activist of ASA SF, Americans for Safe Access, the Compassionate Care Council, Drug Policy Alliance, and the Marijuana Policy Project. Supervisor Allioto-Pier was absent for both votes. Congratulations to all who worked tirelessly on these resolutions! Check out CBS's coverage of the resolutions. ASA Urges BOE to Protect Sales Tax Revenue ASA's California Director, Don Duncan, testified at the Board of Equalization (BOE) hearing in Culver City this week. There were approximately fifty people present and a dozen speakers -- although only one talking about medical cannabis. Don Duncan sent Chairwoman Chu and the other Board Members copies of ASA's sales tax fact sheet, along with Senator Carole Migden's sales tax amnesty bill and non-cooperation resolution. Duncan praised Vice-Chairwoman Yee for the op-ed piece she authored with Senator Migden in the San Francisco Chronicle earlier this month. He emphasized that the timing of the op-ed's release was perfect because it coincided with the recent meeting with the Governor's senior staff in Sacramento. During his testimony, Duncan reiterated that dispensaries are legal in California and generated an estimated $100 million dollars in sales tax revenue in 2007. He also told the Board that federal interference and intimidation threaten both patients and revenue. Duncan asked the board to support Senator Midgen's efforts and to encourage the Governor to take visible action. Following his comments, Vice Chairwoman Betty Yee thanked the staff for working so hard on the issue and said it was a very tough time for dispensaries. A larger group of advocates and collective operators will be attending a similar hearing in Sacramento next month. Contra Costa County Votes to Thwart Safe Access This week, the Contra Costa County Board of Supervisors voted to limit safe access in the unincorporated regions of the county. The unanimous decision banned the opening of any new dispensaries in Contra Costa County. The ban, however, allows the one current dispensary in the unincorporated area of the county to stay open, M.E.D. Dispensary in El Sobrante. Since M.E.D. Dispensary was approved for a land-use permit prior to the 2006 moratorium in Contra Costa, the Board of Supervisor's decision will not affect the dispensary. Thank you to the medical cannabis supporters and activists who attended and spoke at the hearing. Read more about the ban in the Contra Costa Times and the Mercury Times.
Recently, the medical cannabis community celebrated Medical Marijuana Awareness Week 2008. Thousands of patients, activists, and supporters like you participated in ASA's daily actions, generating letters to the editors, joining ASA as members, and meeting with elected officials. This was the sixth annual Medical Marijuana Week, held during the week of 2/15 to commemorate the passage of Proposition 215, California's medical cannabis law. Starting Medical Marijuana Week on Monday the 10th, ASA encouraged supporters to strengthen the movement and become members of ASA. Many of ASA's supporters became members throughout the week helping ASA raise just under $1,000! If you missed out on becoming a member, please visit www.AmericansforSafeAccess.org/MMJWeekMonday Next, supporters were urged to contact their U.S. Senators' district offices urge them to support research. Over a dozen groups nationwide dropped in on their Senators' offices on that day. Since then, medical cannabis supporters have continued to meet with their Senators' district offices. To find out how you can support medical cannabis research visit www.AmericansforSafeAccess.org/MMJWeekTuesday On Wednesday the 12th , two dozen activists used ASA's Action Center to send letters to their local news papers calling on their Senators to take a stand and support medical cannabis research. If you have not yet written a short message to your local paper visit www.AmericansforSafeAccess.org/MMJWeekWednesday to make your voice heard! On Valentine's Day, 35 patients and advocates met their condition-based union match. These individuals to their support for safe access a step further by joining one of ASA's seven different condition-based unions such as the Chronic Pain Union, HIV/AIDS Union, Seniors Union, etc. Become a member of ASA's condition-based union today! Visit www.AmericansforSafeAccess.org/MMJWeekThursday On Friday, ASA released its first annual National Field Report and gave supporters a look at the work and accomplishments ASA's chapters and affiliates had in 2007. After reading the national field report, nearly a dozen people contacted ASA saying they wanted to start an ASA chapter and/or become an affiliate. See what all the fuss is about! Visit www.AmericansforSafeAccess.org/MMJWeekFriday During Medical Marijuana Awareness weekend, ASA challenged supporters to walk their talk and circulate a new petition in their community. In just over a week, ASA has already begun to receive signature-filled petitions from activists. Join the momentum and download your state-specific petition today at www.AmericansforSafeAccess.org/MMJWeekSunday Thank you to all the activists, chapters, affiliates, and supporters for making Medical Marijuana Week such a success! Let's keep this train rolling! Take Action today!
OK, the title of this post might be a bit misleading. I haven't ridden any medical marijuana themed rides lately, but many of us have been riding a political and legal roller coaster. Here are some of the ups and downs our movement has experienced recently:
- Yesterday, the San Francisco Board of Supervisors passed a resolution condemning the DEA's tactic of sending letters to landlords of dispensaries notifying them of the illegality of the facilities and the possibility that their property could be seized. Yet today ASA also learned that the DEA had sent out yet another round of letters to landlords.
- Last month, Northern California's new US Attorney, Joseph Russoniello, explained that he thought medical marijuana raids were wasteful, creating new hope in our movement. But this didn't bring much comfort to dozens of federal defendants who have already been charged, like Michael Martin, who had a status hearing yesterday, or Dr. Mollie Fry and Dale Schafer, who will be sentenced next week.
- In January, the California Supreme Court issued an opinion in Ross v. RagingWire that denied the rights of medical marijuana patients to work. But just last week, Assembly Member Mark Leno, along with Assembly Members Berg, Hancock, and Saldaña, introduced ASA sponsored legislation that would reaffirm this right.
Assemblyman Leno and ASA Introduce Patients' Employment Rights Bill This week, Assemblyman Mark Leno, working with ASA, introduced AB 2279, a bill that would protect a patient's right to work and will help end discrimination against patients in the workplace. The employment rights bill, 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. ASA argued the case before the court and is now a sponsor of the bill. AB 2279 marks a historic milestone for the medical cannabis community. This is the first bill that ASA has co-sponsored and the first California bill that specifically focuses on expanding the civil rights of medical cannabis patients. If passed, this bill will end employment discrimination against patients. We are very excited to work with Assemblyman Leno's office on passing this bill and will keep you updated on how you can help to ensure a patient's right to work. For more information, contact [email protected]. Read ASA's press release and the Oakland Tribune article about the bill introduction. Medical Marijuana Awareness Week, For Patients By Patients Title Provided by SF ASA Organizer, Alex Franco Last week the medical cannabis community celebrated Medical Marijuana Awareness Week 2008. Thousands of patients, activists, and supporters participated in ASA's daily action, generating letters to the editors, joining ASA as members, and meeting with elected officials. Locally, the week started out with Sunday's Medical Cannabis University, sponsored by San Francisco ASA. Twenty patient-students graduated from the Medical Cannabis University. On Tuesday, San Francisco ASA sponsored a free legal training at which over 30 patients learned their constitutional rights and developed skills on how to deal with a raid situation. Meanwhile, in Arcata, Humboldt County ASA honored several medical cannabis supporters, including Rep. Mike Thompson, for their leadership around medical cannabis issues. San Francisco ASA sponsored the 5th Annual ASA SF Valentine's Day Spread the Love Seed Planting to deliver a special Valentine to mayor Gavin Newsom asking him to write letters to both Governor Schwarzenegger urging him to publicly support medical cannabis and Congressman John Conyers encouraging him to hold investigative hearings. The Valentine also stated that if patients lost safe access to medical cannabis because of his inaction, we will ask him to personally grow the medicine for us. Over 50 patients participated in the event and 20 plants were given to Mayor Newsom. On Friday, East Bay ASA hosted a testimonial video filming walk-in day with dozens of patients participants. LA ASA celebrated Medical Marijuana Awareness Week at their monthly meeting by hosting ASA's Medical Advisory Boardmember, Jahan Marcu, to speak.The week also featured two separate film screenings, first on Wednesday, at Oaksterdam University with a Sneak Preview of an unreleased medical marijuana film and on Saturday, with a free film festival featuring several medical cannabis documentaries. The week came to a close on Sunday with SF ASA's 5th Annual 215 Party, which featured live music, raffles, and live djs. Over 100 advocates and patients turned out for the event. Thank you to everyone who helped organize the events and actions. It is volunteers and supporters like you that made Medical Marijuana Week 2008 a success! Fullerton City Council Vote Leaves Safe Access Up in the Air After originally voting 3 to 2 against a ban on dispensaries several weeks ago, the Fullerton City Council met on Wednesday and voted against banning dispensaries, and at the same time voted against developing dispensary regulations, leaving the situation up in the air. The police department made a presentation against collectives. Orange County ASA members and other advocates attended the hearing and spoke in support of safe access in Fullerton. What is next in Fullerton remains to be seen. Patients and activists are preparing materials to follow up with the council and will decide how to move forward after meeting with the local representatives. Local patients will be crucial in this effort, so please keep you eyes on ASA's forums and the upcoming Weekly Alerts for updates.
This morning, the San Francisco Chronicle published an op-ed piece authored by California Senator Carole Migden and Board of Equalization Chairwoman Betty Yee decrying the Drug Enforcement Administration’s (DEA) crack down on medical cannabis and the impact it has on property owners, state coffers, and legal patients. The letter urges the federal government to “back off and respect state compassionate use laws that authorize a network of responsible, law abiding and tax-paying medical marijuana providers.” This is a far cry from the usually sensationalized rhetoric to which we are more accustomed, and is a breath of fresh air – and common sense – for patients and their loved ones statewide. Senator Migden introduced Senate Joint Resolution 20 into the State Legislature this month calling for an end to the federal interference that she says costs the state millions of dollars in lost revenue, forces medical cannabis providers underground, and harms legal patients. If adopted, the resolution will send the strong message to Washington, DC, that California lawmakers remain committed to fully implementing the 1996 voter initiative that legalized medical cannabis in the state and to ending federal persecution of patients and providers. Board of Equalization Chairwoman Betty Yee joined the Senator in criticizing the impact the DEA raids, saying that federal interference and intimidation cost the state millions of dollars in lost tax revenue and badly needed jobs. As Chairwoman of the elected body charged with assessing and collecting sales tax for the cash-strapped state, Yee has a special interest seeing to it that medical cannabis facilities remain open and pay their fair share. She worries, however, that providers will be forced to close their doors or move underground to avoid federal attacks – a very real concern. The significance of having a State Senator and the Chairwoman of the Board of Equalization speak out on behalf of medical cannabis should not be missed. Elected officials are just now feeling the hardship caused by DEA interference – which escalated to new heights last year with more than 50 raids, several indictments, and more than 300 letters threatening property owners who rent to medical cannabis facilities with prosecution and civil asset forfeiture. US House Judiciary Committee Chairman John Conyers is finally getting some high-level support for his stance against the DEA tactics and promised investigation. The op-ed piece was timely, appearing in Migden and Yee’s hometown paper on the same day the ASA Chief of Staff Rebecca Saltzman, Legal Director Kris Heremes, and I met for the first time with representatives from Governor Arnold Schwarzenegger’s’ office to discuss federal interference and what the Governor can do to help. It is too soon to know if the Governor will take visible action in response to ASA’s grassroots campaign, but Senator Migden and Chairwoman Yee are certainly pointing him in the right direction. With today’s op-ed, these two leaders join police veteran and Los Angeles City Councilmember Dennis Zine, Orange County Supervisor Chris Norby, Oakland Mayor Ron Dellums, Santa Cruz Mayor Ryan Coonerty, and thousands of medical cannabis advocates in calling on the Governor to defend patients’ access and the will of voters. We may be approaching a sea change in the state and federal debate over medical cannabis, but what happens from here depends on whether or not grassroots advocates can persuade the Governor and Legislature to put their considerable clout behind Representative Conyers’ effort to stop DEA interference in California. Local and state leaders should stand up… and the Governor should lead the way.
In case you haven't heard, February 11-17 is Medical Marijuana Week - a week to learn, take action, and to educate others. This will be the sixth annual Medical Marijuana Week, held during the week of 2/15 to commemorate the passage of Proposition 215, California's medical cannabis law. While helping Sonnet, ASA's field coordinator, brainstorm national action alerts for each day of the week, I couldn't help but reflect on the history of this week. Medical Marijuana Week was conceived of in 2003 in ASA's old office in Berkeley. ASA staff and volunteers joined together to organize a week of actions and events celebrating Prop 215. At the time, I was a student at UC Berkeley, leading our chapter of Students for Sensible Drug Policy. It was a natural fit for our chapter to work with ASA to put on what would become the first annual Medical Marijuana University. Students and community member joined together to take courses on the law, political activism, the medical benefits of cannabis, and more. Though all of the instructors were excellent, two stand out in my mind - Joe Elford and Dr. Michael Alcalay. It was the first time I had heard Joe, ASA's chief counsel, speak, and he blew me away with his vast knowledge of medical cannabis law. Not even the most specific or random questions could throw him off. Dr. Mike was an expert on the medical properties of cannabis, as both a patient and a practicing physician, and he shared his knowledge with the group. But what impressed me most about both Joe and Mike was not what they knew, but how they presented. They treated every student with respect and explained complex subjects in a way that the participants could easily understand. Years later, the San Francisco chapter of ASA still hosts Medical Marijuana University. Joe is still one of the instructors. Dr. Mike passed away in 2006, but new instructors have been found to carry the torch. When I participated in that first Medical Marijuana Week, I never could have imagined how much our movement would have evolved and grown in the coming years. Even less could I have imagined that I would be lucky enough to still be involved with this movement and helping to coordinate this important week. So if you haven't participated in one of this week's actions yet, do it now. Who knows where it will lead you? And if you have participated in Medical marijuana Week before, what are some of your favorite memories?
It was interesting today to see three local newspapers (SF Chronicle, Associated Press, and Bay Area Reporter) cover the issue of Drug Enforcement Administration (DEA) interference in California's medical marijuana law and its impact on San Francisco dispensaries. No less than seven of the twenty-eight operating facilities are shutting down or have already closed due to fearful landlords. The closures are in direct response to threats of asset forfeiture and criminal prosecution the DEA has made to more than 300 landlords across California. This cynical tactic, unveiled by the DEA in July 2007 in southern California, was opposed by the Los Angeles Times and has also met with significant political opposition. Local elected officials from Los Angeles City Council member and former police officer Dennis Zine to Orange County Supervisor Chris Norby, from Oakland Mayor Ronald Dellums to SF Supervisors and Berkeley City Council have condemned the DEA tactics against patients and providers. SF State Senator Carole Migden recently introduced legislation calling on the DEA to end its interference in California and threw her support, with others, behind House Judiciary Chair John Conyers, who expressed his deep concern and called for DEA oversight hearings. So where is Mayor Newsom? It seems that Mayor Newsom is in hiding. Alex, at Drug Law Blog, rightly notes Newsom's silence on the issue and links it to the political vulnerability found around the issues of both medical marijuana and gay marriage, with pragmatism as the possible reason for his silence. However, unlike gay marriage, medical marijuana enjoys the support of at least 80% of Americans, not to mention a full 91% in SF. Regardless of any potential political justification for his actions, it is unconscionable that Newsom is refusing to say anything. Let's hope that this round of media compels Newsom, the anti-drug war Mayor, to not only defend safe access to medical marijuana for thousands of patients in his city, but to also protect the same facilities that contribute millions of dollars in sales tax to the state budget. The time for Newsom to act is now. Local and state officials must seize the opportunity to defend safe access to medical marijuana and the will of San Franciscans, Californians, and states that have fought for such assumed protections.
Berkeley City Council Votes to Provide Sanctuary to Patients and Providers On Tuesday, the Berkeley City Council voted to adopt a Sanctuary Resolution, which will provide protection for patients and providers in the event of a DEA raid. The Berkeley City Council unanimously approved the Medical Cannabis Sanctuary Resolution co-sponsored by Councilmembers Moore and Worthington, thereby designating Berkeley a "sanctuary for medicinal cannabis patients, providers, and landlords." The resolution also called on the Governor to stand up against the DEA and call for an end to the interference in the implementation of state and local laws. This resolution came as a result of months of lobbing and outreach to the City Council by medical cannabis activists, patients, providers, and supporters. This is an important victory for patients, providers, and now third-party landlords in Berkeley and the East Bay. Congratulations to all of those who worked on this important resolution to ensure protection and safe access in the Bay Area. To learn more about the City Council's resolution read the San Jose Mercury and Berkeley Daily Planet articles. California Legislation to Help and Protect Patients As the anti-medical marijuana efforts escalate with the most recent examples being the surge of DEA raids and the California Supreme Court's decision to deny a patient's right to work, several California state representatives are stepping forward to protect patients and providers in California. The following is a brief legislative update on medical cannabis bills and a resolution that are being worked on in Sacramento currently. Last week, ASA reported that Assemblyman Mark Leno was introducing a bill that would protect a patient's right to work. This bill came on the heels of the California Supreme Court's ruling last week in the Ross vs. Raging Wire Communications case. California Assemblyman Mark Leno and ASA were waiting to respond in case of an adverse ruling like this. Assemblyman Leno announced only hours after the decision on Thursday that he will be introducing an ASA-sponsored piece of legislation that will amend California law to protect patients from this kind of discrimination. Senator Carol Migden has been a long time medical cannabis supporter. Last month, working with medical cannabis supporters, the senator introduced a California Senate Joint Resolution calling on Congress, the President, and federal law enforcement to stop raiding legal medical cannabis collectives and respect California’s law. Senator Migden’s resolution follows an unprecedented escalation in Drug Enforcement Administration (DEA) attacks on medical cannabis providers and threats against property owners who rent to hundreds of collectives all over California. Senator Migden also recently introduced to the Senate floor a bill that will ensure back tax relief for medical cannabis dispensaries. The medical cannabis dispensaries would have back sales tax amnesty for all sales prior to October 1, 2005. Senator Migden's sales tax relief comes in response to the 2005 decision by the California Board of Equalization (BoE) to adopt a policy to collect sales tax from dispensaries and other medical marijuana providers. At the time, ASA testified at several public hearings, presenting a position paper against collection of sales tax, as it would invariably be a cost absorbed by the patients. To read about ASA's position on sales tax, click here. This bill is an important compromise for both dispensaries and the Board of Equalization, because it relieves the burden of paying large amounts of back taxes whilst encouraging compliance with and participation in the BoE's sales tax scheme. Read more about Senator Migden's tax relief bill in the Bay Area Reporter. ASA will keep you updated as news comes in on the status of these three important pieces of legislation. New Northern California U.S. Attorney Says Raids Should be a Low Priority This week, the San Francisco station KCBS released a story about the new U.S. Attorney for Northern California, Russoniello. The story highlighted a recent quote by Russoniello regarding DEA raids of state sanctioned and regulated medical cannabis dispensaries. The new U.S. Attorney said, "We could spend a lifetime closing dispensaries and doing other kinds of things and enforcement actions, bringing cases and prosecuting people, shoveling sand against the tide, it would be terribly unproductive and probably not an efficient use of precious federal resources." While the new U.S. Attorney's sentiments about funding raids are encouraging, the federal government and current Bush Administration has made it clear that they intend to shut out access for patients. To listen to the full story on KCBS and the new U.S. Attorney for Northern California's statements click here.
Tony Bowles was a plaintiff in ASA's successful lawsuit against the California Highway Patrol. He has taken action time and time again on behalf of patients in need of medical marijuana. He now lives in Silver Spring, Maryland, where he is working hard to help improve Maryland's medical marijuana law. Tony can be reached at [email protected] Last year’s attempt to introduce HB 1040, The Maryland Compassionate Use Act, which would have replaced the current law with comprehensive language concerning cultivation, identification cards, confidentiality issues, fees, transportation, and possession, was blocked by Chair of the Judiciary, Joseph Vallario. The very same lawmaker who gutted the 2003 legislation. Despite the fact that we had more than enough support in the Judiciary Committee to pass the new law with improvements, Chairman Vallario wouldn’t put the improved legislation up for vote. Why? Because he’s still worried that letting qualified individuals suffering from severe or chronic illness use medical marijuana will bring the wrath of the Federal Government down on Maryland. He even said way back in 2002 "I am not going to have a part in something that is in violation of federal law." This year we’re taking a new approach in Maryland to help tackle this problem. I am working with ASA and the Drug Policy Alliance to build up grassroots support to compliment our next legislative efforts. We’ll be focusing on recruitment, training, and developing strong, vocal and representative leadership that will be crucial for helping policymakers move far-reaching legislation aimed at establishing full legal protections for Maryland’s most vulnerable citizens and the people who care for them. Between now and early spring we will hold several regional teach-ins and know your rights trainings. These forums will provide an opportunity to introduce patients, their care providers and other grassroots supporters to each other, briefly recap previous efforts to improve the law, and explain the strategy and tactics while covering all of the basic legal information for interactions with law enforcement. We are hoping to bring interested medical marijuana supporters to Annapolis for a tour of the Capital where they can take advantage of the activity of the legislative session, meet their state lawmakers, deepen their understanding of the legislative process, and raise enthusiasm around working on a legislative campaign in the future. Maryland’s existing medical marijuana law, “The Darrell Putman Compassionate Use Act” does not go far enough; it slaps patients with a criminal conviction even if they successfully offer a medical necessity defense in court. This means that even a successful defense results in a permanent criminal record, which poses barriers to financial aid, housing, employment, and more. Maryland’s medical marijuana law is the only state medical marijuana law that does not shield patients from arrest! We need real compassion and honest protection now!
Nationwide campaign launched today to end federal enforcement against medical marijuana With only a week left until Super Tuesday, medical marijuana advocates launched a nationwide campaign today to urge presidential candidates to end federal raids in states with medical marijuana laws. The campaign urges candidates to issue an Executive Order upon taking office that would end federal interference in state-sanctioned medical marijuana laws. The proposed Executive Order would deny funds to the Department of Justice for federal enforcement efforts against patients and providers in states that have adopted medical marijuana laws. "To match the increased level of federal interference in states with medical marijuana laws, we're asking candidates to clearly state their opposition by pledging to issue an Executive Order, if elected." said Caren Woodson, Director of Government Affairs at Americans for Safe Access, the advocacy group that launched the campaign. "We're spending millions of dollars on law enforcement actions that harm our most vulnerable citizens," continued Woodson. "And, the President wields the power to stop it at any time." Ever since the U.S. Supreme Court decision in Gonzales v. Raich (2005), the Drug Enforcement Administration (DEA) has stepped up its enforcement actions against medial marijuana patients and providers. While federal interference has occurred in multiple medical marijuana states, some have been hit harder than others. In California, the DEA has conducted more than 100 raids and threatened more than 300 landlords with criminal prosecution and asset forfeiture if they continue to lease to medical marijuana dispensing collectives (dispensaries). In addition, the U.S. Department of Justice (DOJ) is currently prosecuting more than 100 medical marijuana-related cases. The campaign focuses on candidates that have already made supportive statements on medical marijuana: Senators Hillary Clinton and Barack Obama, former Senator John Edwards, and Representative Ron Paul. These candidates are being asked to officiate their support by pledging to issue an Executive Order, which states that:
"No funds made available to the Department of Justice shall be used to prevent States from implementing adopted laws that authorize the use, distribution, possession, or cultivation of medical marijuana. In particular, no funds shall be used to investigate, seize, arrest or prosecute in association with the distribution of medical marijuana, unless such distribution has been found by adjudication to violate state or local law."DEA actions have already garnered opposition from both local and federal lawmakers, including Oakland Mayor Ron Dellums and House Judiciary Chair John Conyers. In December, Mayor Dellums made a public statement condemning DEA tactics. The same month, Chairman Conyers publicly voiced his "deep concern" over DEA "efforts to undermine California state law," and he committed to sharply question these tactics in oversight hearings.