Doctors' Orders in Sacramento, CA

ASA Chapters continues to grow across the U.S.   You can learn more about about starting an ASA Chapter or ASA Action Group on our website.

New ASA Chapters:

• ASA San Joaquin County Chapter
• ASA Porterville Chapter
• ASA San Luis Obispo Chapter

The complete list of ASA Chapters.

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Americans for Safe Access seeks a motivated, organized, and people-centered Community Liaison for Northern California.

The successful candidate will have previous experience that includes non-profit program delivery, sales or fundraising, political /grassroots organizing, and background in the medical cannabis field.

Details here!

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The Associated Press reports:

Colorado lawmakers trying to regulate marijuana dispensaries are asking the U.S. attorney general to stop raids of medical marijuana operations.

The group e-mailed the request to Eric Holder on Monday, following up on a letter sent last week.  The lawmakers say the raids are discouraging dispensary operators and medical marijuana patients and growers from working with them on proposed regulations.

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Finally, nearly two weeks after Los Angeles City Attorney Carmen Trutanich issued a press release announcing nuisance abatement actions against local dispensaries, Americans for Safe Access has unearthed one of at least 18 letters sent to medical marijuana providers and their landlords threatening imminent eviction.

Under the Bush Administration, the federal Drug Enforcement Administration (DEA) used the similar tactic of sending letters to more than 300 dispensary landlords in California, threatening criminal prosecution and seizure of their property if they did not evict their tenants. Although this cynical tactic resulted in the closure of dozens of dispensaries across the state, the federal government’s effort to undermine the implementation of California’s medical marijuana law has thankfully failed.

That Trutanich is using the state’s “nuisance” statute to try to evict and shut down otherwise lawful dispensaries is evidence that the City Attorney’s continued use of this cynical tactic is also doomed to failure. Despite attending a training on “The Eradication of Medical Marijuana Dispensaries in the City of Los Angeles,” hosted by the California Narcotics Officers Association (CNOA), the City Attorney had still not done his legal homework. If he had, Trutanich might have discovered that, according to Health & Safety Code Section 11362.775, collectives and cooperatives are exempt from the nuisance statute he cites in the eviction letter.

Sorry “Nuch,” try again!

Anyway, didn’t Los Angeles Police Chief Charlie Beck conduct a crime study, which concluded that, “Banks are more likely to get robbed than medical marijuana dispensaries?” Beck also found that law enforcement claims of dispensaries attracting crime “doesn’t really bear out.” Not only is Trutanich manufacturing a problem that doesn’t exist, he’s using a flawed legal argument to enforce it. Certainly, the Los Angeles City Attorney has better ways to spend taxpayers’ money.

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On behalf of ASA, and all of our members, supporters and chapters in the San Jose region: Thank You Congresswoman Lofgren!!

In the wake of new federal raid activity, U.S. Representative Zoe Lofgren (CA-16) has added her name to the growing list of cosponsors on the Truth in Trials Act.  For those of you who are counting: that brings the total to 30 (and she is also the 8th member of the House Judiciary Committee to provide support)!!

What about your Congress-critter?  Has s/he joined as a cosponsor of Truth?  If you have 2 minutes, please call to your U.S. Representative’s office and ask for his or her co-sponsorship of H.R. 3939, The Truth in Trials Act. You can reach the Capitol Switchboard at 202-224-3121. For ideas about what to say when you call, check out ASA’s Action page (and follow-up with an email while you’re there!).



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Americans for Safe Access (ASA) filed a lawsuit today challenging the flawed medical cannabis ordinance recently adopted by the City of Los Angeles. We hope that City Councilmembers will still vote to change some of the most onerous provisions of that ordinance, but we must use every tool at our disposal to protect patients’ access – including litigation.

One plaintiff talked with reporters from the Los Angeles Times about the lawsuit:

The suit alleges the city ordinance violates state law, and it seeks a court injunction and restraining order to stop the measure from being enforced. In the suit, dispensary operators object to the “onerous restrictions” of the law that is scheduled to take effect March 14, such as a rule that gives them only seven days to relocate to 1,000 feet away from schools, parks and places of worship but does not provide maps to show where they are allowed under the law.

“We want to work with the city to comply with its regulations, but such unreasonable requirements make compliance impossible,” Yamileth Bolanos, operator of the PureLife Alternative Wellness Center, said in a statement.

ASA will keep fighting for patients in court and at City Hall. We have already scored big victories by persuading Councilmembers not to ban collectives or sales of cannabis. Now we have more work to do to make this ordinance work. I hope all of you will join me in asking City Councilmembers to make some big improvements in the ordinance in the weeks and months to come.

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Following DEA arrests at medical marijuana facilities in Colorado, U.S. Representative Jared Polis has sent a letter to U.S. Attorney General Eric Holder.

In the letter, Rep. Polis wants to know “whether [DEA] Agent Sweetin’s comments that DEA will ‘arrest everybody’ remains United States policy.”

In comments on the website Squared State, where Congressman Polis publicly shared his letter, he referred to the DEA agents involved as “rogue agents:”

The DEA must do more to stop their rogue agents from harassing and raiding our medical marijuana dispensaries, which are legal under state law.

The full letter:

February 23, 2010

Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530-0001

Dear Attorney General Holder:

As you know, the voters in my state legalized marijuana for medical use, and placed it in the Colorado Constitution, Article XVIII § 14, the Supreme Law of Colorado.

The Department of Justice is to be commended for issuing formal written guidelines on October 19, 2009, clarifying that federal resources should not be used against people in compliance with state law in states that have legalized marijuana for medical use.  When drug czar Gil Kerlikowske was in Colorado recently, I thanked him for taking this step and respecting our state law.

Despite these formal guidelines, Friday, February 12, 2010, agents from the U.S. Department of Justice’s Drug Enforcement Administration (DEA) raided the home of medical marijuana caregiver Chris Bartkowicz in Highlands Ranch, Colorado.  In a news article in the Denver Post the next day, the lead DEA agent in the raid, Jeffrey Sweetin, claimed “We’re still going to continue to investigate and arrest people…Technically, every dispensary in the state is in blatant violation of federal law,” he said. “The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They’re violating federal law; they’re at risk of arrest and imprisonment.”

Agent Sweetin’s comment that “we arrest everybody” is of great concern to me and to the people of Colorado, who overwhelmingly voted to allow medical marijuana.  Coloradans suffering from debilitating medical conditions, many of them disabled, elderly, veterans, or otherwise vulnerable people, have expressed their concern to me that the DEA will come into  medical marijuana dispensaries, which are legal under Colorado law, and “arrest everybody” present.  Although Agent Sweetin reportedly has backed away from his comments, he has yet to issue a written clarification or resign, thus the widespread panic in Colorado continues.

On May 14, 2009, Mr. Kerlikowske told the Wall Street Journal: “Regardless of how you try to explain to people it’s a ‘war on drugs’ or a ‘war on a product,’ people see a war as a war on them,” he said. “We’re not at war with people in this country.”  The actions and commentary of Mr. Sweetin are inconsistent with the idea of not waging war against the people of the State of Colorado and are a contradiction to your agency’s laudable policies.

On Saturday, February 13, 2010, local Attorney Robert J. Corry, Jr. submitted a formal complaint regarding the raid and subsequent comments by Sweetin to the U.S. Department of Justice Office of Inspector General, which is tasked with investigating “waste, fraud, abuse, or misconduct” from Justice officials.  I ask you to instruct the Inspector General to respond promptly to Mr. Corry’s complaint.

On Tuesday, February 17, 2010, Acting U.S. Attorney for the District of Colorado David Gaouette announced his office’s intention to criminally charge Mr. Bartkowicz in federal court.  In order to ensure a fair trial for Mr. Bartkowicz, it is essential that the confusion about administration policy caused by the actions of Agent Sweetin be resolved ahead of jury selection in this case.  A response to Mr. Corry’s complaint would serve as point of clarity.

I again applaud your policy.  Treating drug policy as primarily an issue of public health, as opposed to an issue of criminal justice, is both practical and compassionate and it has been and will continue to be supported by the voters of Colorado.  Please clarify for me in writing whether Agent Sweetin’s comments that DEA will “arrest everybody” remains United States policy.  Thank you very much for your attention to this matter.

Sincerely,

Jared Polis
Member of Congress

cc: President Barack Obama

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On Monday, Bryan Epis was taken into custody to serve the remainder of his 10 year sentence.  Despite an order from the U.S. Deputy Attorney General to federal prosecutors to stop wasting resources by focusing on medical marijuana patients and providers, Mr. Epis will spend the next 7 years in federal prison.

Mr. Epis was arrested, investigated, tried, sentenced, imprisoned, retried, and resentenced over the past 12 years.  In that length of time, medical marijuana advocates have forged ahead with state-based victories across the country; meanwhile, federal law has remained unchanged and federal policy is creeping forward at a snail’s pace.

Federal policy, according to the headlines, has changed for the better, but consider this:  while roughly a quarter of our nation’s population lives in a state that recognizes the medical value of cannabis, there are over 100 federal defendants who are currently facing pending charges.  In addition, the complacency driven by incomplete, inaccurate reporting and coverage of federal policy just fuels the fire.  Federal lawmakers no longer feel a sense of urgency, due in part to the memo from the U.S. Deputy Attorney General, and due in part to promises made by U.S. Attorney General Holder.  Mr. Epis’ imprisonment highlights that this fight is nowhere near over, and the raids on laboratories in Colorado make it clear that while the tactics and targets may be changing, federal policy is FAR from changed.

Take your outrage & fear and turn them into action.  Call your U.S. Representative’s office to urge his or her co-sponsorship of H.R. 3939, The Truth in Trials Act. You can reach the Capitol Switchboard at 202-224-3121. For ideas about what to say when you call, check out ASA’s Action page (and send an email while you’re there!).

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It was a groundbreaking day for medical marijuana. Proclamations on marijuana’s therapeutic benefits came from two medical organizations, one in California and the other in Iowa. The University of California’s Center for Medicinal Cannabis Research (CMCR) presented a report today to the state legislature regarding the first clinical trials on smoked cannabis (marijuana) in the United States in more than 20 years. CMCR found that:

“reasonable evidence [exists] that cannabis is a promising treatment in selected pain syndromes caused by injury or diseases of the nervous system, and possibly for painful muscle spasticity due to multiple sclerosis.”

Given that some of the studies have already appeared in peer-reviewed medical journals, such as Neurology, the report was not really news to many who are fighting to get federal recognition of medical marijuana. In fact, the CMCR data can simply be added to the already-existing scores of studies conducted around the world that clearly show marijuana’s medical efficacy. In addition to observing the obvious, we should be asking why the federal government continues to resist further medical marijuana research. Why is CMCR the only entity conducting such research and why has it taken 20 years to come this far? Learn more about the government’s obstruction to medical marijuana research here. It’s long past time to break the federal logjam on research and to invest in the promise of medical marijuana.

In other news, the Iowa Board of Pharmacy (IBP), by its actions today has undoubtedly brought us closer to the goal of expanded research and the reclassification of marijuana. In a unanimous vote, the IBP recommended that the state move marijuana from a dangerous drug with no medical use (Schedule I) to one with medical benefits (Schedule II). The IBP also called for the formation of a task force, made up of patients, medical professionals, and law enforcement officers, to develop a medical marijuana law for Iowa.

The IBP vote was not an accident, but a planned and well-executed campaign by advocates that included a lawsuit forcing the Board to address the issue. According to the Des Moines Register, “The board last fall held a series of hearings around the state, at which most speakers spoke in favor of medical marijuana.” That support was put into concrete terms this week with a Register poll that found, “64 percent of Iowans support allowing patients to use marijuana if their doctors approve.” It looks like Iowa is well on its way to adopting one of the next medical marijuana laws.

California and Iowa, both trendsetters in their own right, have set the stage and provided us all with a sensible direction on medical marijuana: conduct more research and use the research that already exists to reclassify marijuana as a medicine.

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From the Des Moines Register:

Iowa Poll: Iowans give thumbs up to medicinal marijuana

Nearly two-thirds of Iowans think patients should be allowed to use marijuana as medicine if their doctors approve, a new Iowa Poll shows.   However, fewer than a third of Iowans want to make the drug legal for people who just want to get high, the poll shows.

Fourteen states have decided to allow medical uses of marijuana. The Iowa Board of Pharmacy plans to decide on Wednesday whether to recommend that the Iowa Legislature follow suit…

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Medical Marijuana Week focuses public attention on the need for safe access to medical marijuana.  Activists and organizations across the country are using Medical Marijuana Week to educate the community and get active.  ASA allies, chapters, affiliates, ambassadors, and activists are holding events and activities that help with their local goals.

For ways you can get involved — and local event listings — go to:

http://www.americansforsafeaccess.org/mmjweek

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ASA Associate Director Don Morgan and I traveled to Washington, DC, this week to speak to the City Council about proposed regulations for medical cannabis dispensaries in the District and work with the staff at our National Office. The City Council here is developing regulations for dispensaries after Congress voted in December to lift the ban against a medical cannabis initiative passed by the voters of Washington, DC, in 1998. Unfortunately, we arrived in the middle of a record setting blizzard – one that snarled traffic and closed government offices. The City Council canceled tomorrow’s hearing in light of the storm. We’re disappointed about the cancelation, but we are making good use of our time here. Tomorrow, Don Morgan and I will trudge back through deep snow for a third day of work with ASA Executive Director Steph Sherer.  I hope we have a chance to get back here to talk to elected officials in the future… when the snow melts, of course!

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From The New York Times:

Medical marijuana’s support among voters in New York State is so solid that even a substantial majority of Republicans favor its legalization…

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Yesterday, ASA Director of Government Affairs Caren Woodson joined Maryland Delegate Morhaim on the Marc Steiner Show to discuss the proposed medical cannabis bill. Check out the full, hour long podcast online.

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Critical media coverage was one of the factors that influenced the Los Angeles City Council to adopt a controversial ordinance that may regulate most of the city’s medical cannabis collectives out of existence. Advocates fear only a handful of collectives can meet the tough location restrictions, tight registration timelines, and complicated record keeping and reporting requirements.

KCET’s So Cal Connect continued their coverage of the long regulatory debate with this installment, which discuss the anticipated legal fallout from ordinance.

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ASA’s analysis of the People vs. Kelly (pdf) California Supreme Court decision was covered in the Washington Post, Los Angeles Times, Oakland Tribune, and San Francisco Chronicle last week.

Washington Post:

“The California Supreme Court did the right thing by abolishing limits on medical marijuana possession and cultivation,” said Joe Elford, the top lawyer for the marijuana advocacy group Americans for Safe Access. “At the same time, the Court may have left too much discretion to law enforcement in deciding what are reasonable amounts of medicine for patients to possess and cultivate.”

Los Angeles Times:

“In one sense this is a call to patients to enroll in the ID card program if they want to be immune from arrest and prosecution,” said Kris Hermes with Americans for Safe Access, a medical marijuana advocacy organization.

Oakland Tribune:

Kris Hermes, spokesman for Oakland-based Americans for Safe Access, said the court’s ruling also renders unconstitutional many city and county ordinances that impose possession and cultivation limits. Oakland, for example, had set limits of up to 72 indoor plants with up to 32 square feet of canopy, or up to 20 outdoor plants at any stage of development, and as much as 3 pounds of dried marijuana.

San Francisco Chronicle:

The numerical limits provided some guidance to police and patients, and their invalidation “may have left too much discretion to law enforcement in deciding what are reasonable amounts,” said Joe Elford, lawyer for Americans for Safe Access.

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ASA press release:

San Francisco, CA — The California Supreme Court issued a unanimous published decision today in People v. Kelly, striking down what it considered unconstitutional legislative limits on how much medical marijuana patients can possess and cultivate. Today’s decision also affirms protection from arrest and prosecution for patients who both possess a state-issued identification card and comply with state or local personal use guidelines.

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In the wake of New Jersey becoming the 14th state to sanction the use of cannabis for therapeutic purposes, U.S. Representative Donald Payne (NJ-10) added his name to the list of co-sponsors on the Truth in Trials bill.

What about your Congress-critter? How about ringing in the New Year with a call to your U.S. Representative’s office to urge his or her co-sponsorship of H.R. 3939, The Truth in Trials Act. You can reach the Capitol Switchboard at 202-224-3121. For ideas about what to say when you call, check out ASA’s Action page (and send an email while you’re there!).

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(This is a guest blog from Eugene Davidovich at San Diego ASA)

Sebastian Maselli was a founding member of Healing Dragon Collective which was raided on September 9, 2009 part of Bonnie Dumanis’ effort to eradicate safe access to medical marijuana in San Diego County. He was arrested, property seized, and life dismantled. Four months after the raid, and with no charges filed against him, Sebastian decided to begin the fight to get his property back. Sebastian researched the ASA National website where he found a return of property motion, after a little encouragement and help from  friends and family, Sebastian completed it and submitted it to the court.

San Diego ASA caught up with Sebastian to discuss what happened on 9/9/9 as well as other issues related to the raids in September.

Sebastian wrote San Diego ASA: “I am happy to report that my motion was granted by the judge!  I have a piece of paper stating: “All property belonging to “defendant” to be returned by 02/08/10.”

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Chief Beck with LA Mayor

Los Angeles Police Department Chief Charlie Beck told reporters at the Daily News that medical cannabis collectives do not attract crime, adding that “Banks are more likely to get robbed than medical marijuana dispensaries.” The Los Angeles City Council should consider the Chief’s words carefully as they make final decisions about regulations for hundreds of patients’ associations in the city on Tuesday. If adopted as written, the ordinance may make finding a suitable location almost impossible.

Responding the concern from Neighborhood Councils, law enforcement, and the media, the City Attorney and Councilmembers have created tough location restrictions for collectives. Collectives cannot be adjacent to, across the street from, or across an ally from any residential use. The Council will decide on Tuesday if the facilities should be 500 or 1,000 feet from a laundry list of sensitive uses – schools, public parks, public libraries, religious institutions, licensed child care facilities, youth centers, substance abuse rehabilitation centers, or other medical cannabis collectives.

Even the best case scenario under the proposed regulations is not good news for patients in Los Angeles. Most of the city’s collectives will be forced to close, and it is unlikely many will find a new property that meets the tough requirements. One solution may be to allow a “Good Neighbor” exception for any collective that has not been the subject of community complaints. That would let conscientious collectives stay in their existing location and avoid an interruption in service for patients.

We will find out on Tuesday if the City Council hears Chief Beck’s analysis and adopts rules that treat collectives like health care facilities with a proven track record as good neighbors, or like public nuisances. Patients and advocates hope cooler heads will prevail.

The Los Angeles City council meets at 10:00 AM on Tuesday, January 19, in Room 340 at City Hall.

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