420 Magazine - Americans for Safe Access (ASA)

ASA Holiday Party - Oakland - Dec. 16th

User — Sat, 21 Nov 2009 14:43:07 GMT

ASA Holiday Party Wednesday, December 16th, 2009
6:00 pm till ?
Maxwell's Restaurant & Lounge
341 13th Street
Oakland CA 94612
(510) 839-6169

This year's ASA Holiday Party will be our best yet as we celebrate the historic victories of 2009!

Sincerely,

The ASA Team

Speak Up Today for Sensible Regulations in LA!

User — Sat, 21 Nov 2009 14:39:17 GMT

The Los Angeles City Council will vote on an ordinance regulating medical cannabis collectives next week, and we need you to help us make it workable. There are some provisions in the draft ordinance that are simply unacceptable. If these are adopted and enforced, many of the city1s collectives will be forced to close.

Can you take a moment today to call your representative on the Los Angeles City Council and ask him or her to make the changes listed below? It does make a difference! City Councilmembers have already responded to community input by making big improvements in the draft ordinance.

You can find your City Council representative by typing your address in the
3My Neighborhood� box at The Official Web Site of The City of Los Angeles - Home or by calling (213) 978-1020.

Don1t live in Los Angeles? No problem! May we recommend you contact City Council President Eric Garcetti at (213)-473-7013?

Tell you representative: 3I am support sensible regulations for medical cannabis in Los Angeles. I want you to adopt the changes recommended by advocates on Friday, November 20. Specifically, I want you toS�

(pick two or three points here that are most important to you)

* Protect patients1 rights by keeping records confidential
* Adopt buffer zones of 500 feet or less between collectives and sensitive uses
* Let collectives share an ally with residential uses
* Reject a narrow definition of a collective that requires on-site cultivation
* Allow a sufficient number of collectives to serve the growing number of patients in the city at least two hundred

Make these calls now so that City Councilmembers know what patients need before Tuesday1s vote.

---

The next LA-ASA meeting will be this Saturday, November 21. This will be our last meeting before the Los Angeles City Council votes on regulations for medical cannabis collectives. Come get the latest news and be a part of the last big grassroots push to adopt sensible regulations.

What: LA-ASA Meeting

When: 1:00 PM * Saturday, November 21

Where: Patient ID Center, 470 S. San Vicente Blvd., Los Angeles 90048

Public Transit Info: metro.net | Transit Services and Information for Los Angeles County

Thanks for helping!

Pro-Pot Group Says L.A. City Council In Its Pocket

Ganjarden — Fri, 20 Nov 2009 01:47:23 GMT

Pro-medical-marijuana group Americans For Safe Access this week claimed victory in its campaign to get the Los Angeles City Council to see things its way when it comes to regulating L.A.'s 800 or so registered pot shops.

After campaigning on-air at KPCC (89.3 FM), ASA claims it has beaten back the strict, anti-dispensary stances of county District Attorney Steve Cooley and City Attorney Carmen Trutanich and that the council will eventually emerge with legislation that allows the kind of over-the-counter pot shops that have proliferated in neighborhoods such as Venice, Hollywood and Sherman Oaks.

"We've overcome the threat to ban medical marijuana sales in Los Angeles," writes ASA spokesman Chris Hermes. "The City Council seems poised to vote next week on an ordinance, and while it may still have flaws, we can at least celebrate the defeat of Trutanich and Cooley's anti-sales campaign. By all appearances, we are nearing the passage of an historic medical marijuana dispensary ordinance for the City of Los Angeles."

The council has been struggling for more than a year to come up with an ordinace that would get a grip on what some would say is an out-of-control medical marijuana business in Los Angeles. While the voter-approved Prop. 215 did allow for "seriously ill" patients to get marijuana from nonprofit collectives, few government attorneys, including state Attorney General Jerry Brown, believe that voters envisioned the kind of retail-pot explosion now seen in L.A.

At the heart of the matter is whether such pot shops are even allowed under state law. Cooley and Trutanich say no: Pot-providing organizations must be nonprofit, membership collectives that are transparent about their costs, member lists and supply lines. Proponents like ASA and even city Councilman Ed Reyes believe there is room for over-the-counter, retail-like sales.

Reyes has moved to have portions of Trutanich's proposed ordinance rewritten so that retail-like cash transactions are allowed in the city. As such, the council has once again pushed back its vote on a dispensary law until at least next week. The ASA is already claiming victory. At this rate, we have little reason to doubt the group: It looks like pot shops, which outnumber Starbucks in some neighborhoods, are in L.A. to stay.

News Hawk- Ganjarden http://www.420Magazine.com
Source: LA Weekly
Author: Dennis Romero
Contact: LA Weekly
Copyright: 2009 Village Voice Media
Website: Pro-Pot Group Says L.A. City Council In Its Pocket

PR Campaign Guides Los Angeles to "Sensible" Pot Regulations

User — Thu, 19 Nov 2009 18:29:46 GMT

The week started off with a bang, as Americans for Safe Access Chief Counsel Joe Elford threatened to file a lawsuit against Los Angeles if the city banned medical marijuana “sales.” The threat was in response to public statements made by City Attorney Carmen Trutanich that over-the-counter sales of medical marijuana are illegal under state law. Trutanich had been urging the Los Angeles City Council to adopt his proposed ordinance banning over-the-counter sales.

ASA is confident that Trutanich has a flawed interpretation of state law. The Medical Marijuana Program Act, landmark court decisions, California Attorney General guidelines, and a sales tax policy by the State Board of Equalization provide ample evidence that medical marijuana sales are legal. So, ASA decided to fight Trutanich using his own public relations strategy. The Friday before ASA threatened to file suit against the City of Los Angeles, Elford went on Air Talk, broadcast by KPCC, the NPR affiliate, to debate the issue of sales with Special Assistant City Attorney David Berger.

After ASA’s threat of litigation, and two council committees rejecting the City Attorney’s ban on medical marijuana sales, even more media was generated, with articles in the Los Angeles Times and The Wall Street Journal. Then, I appeared on a different KPCC program, the Patt Morrison Show, discussing dispensary regulations alongside West Hollywood Mayor John Duran and Los Angeles City Council member Bill Rosendahl.

Apparently, the PR campaign by ASA was working because Los Angeles District Attorney Steve Cooley, who shares Trutanich’s misinterpretation of California’s medical marijuana law, called a press conference to threaten prosecution of dispensary operators despite any law passed by the City Council recognizing sales. Cooley was downright rabid. He was quoted in the Los Angeles Times saying the City Council “should be collectively ashamed of their failure to grasp this issue,” and calling them “irrelevant.”

With the PR campaign gaining even greater steam, Elford went back on Air Talk Tuesday for another round with Berger and Los Angeles City Council member Ed Reyes. By this time, it was clear that Los Angeles City Attorney Trutanich and District Attorney Cooley were losing their campaign to criminalize the sale of medical marijuana. Nonetheless, Elford helped to pound the final nail in the coffin by going on Air Talk one more time Wednesday, following an interview with Cooley.

Fortunately, we’ve overcome the threat to ban medical marijuana sales in Los Angeles. The City Council seems poised to vote next week on an ordinance, and while it may still have flaws, we can at least celebrate the defeat of Trutanich and Cooley’s anti-sales campaign. By all appearances, we are nearing the passage of an historic medical marijuana dispensary ordinance for the City of Los Angeles.

NewsHawk: User: http://www.420magazine.com/
Source: opposingviews.com
Author: Americans for Safe Access
Copyright: 2009 Opposing Views, Inc.
Contact: Contact Us
Website: Opposing Views: OPINION:PR Campaign Guides Los Angeles to "Sensible" Pot Regulations

L.A. - Two important meetings (Nov. 16 & 18)

User — Sun, 15 Nov 2009 14:32:35 GMT

Hello, LA-ASA members and friends. Next week will be an important one for medical cannabis in Los Angeles. A joint committee will consider the City Attorney1s draft ordinance regulating collectives on Monday morning; and the full City Council may vote on the measure as soon as Wednesday.

Like previous versions, the latest draft ordinance from the City Attorney1s office is misguided. It seeks to regulate hypothetical communal gardens, ignoring the hundreds of storefronts maintained, in compliance with state law, by legally organized and operated medical cannabis collectives and cooperatives in the city. The current draft lacks adequate protection for patient privacy, bans the lawful distribution of medicine, and imposes the most onerous location restrictions in the State of California. If the ordinance is adopted in it current form, we can anticipate more litigation, confusion, and delay.

Please help us improve or defeat this draft ordinance by attending one or both of this week1s meetings. You can also help by asking City Council President Eric Garcetti to delay the final vote so we have more time to make improvements. You can make your brief and polite request via email at councilmember.garcetti@lacity.org or on the telephone at (213)-473-7013. Be sure to thank President Garcetti for supporting patients1 rights.

What: Public Safety & PLUM Committee Hearing When: 8:30 AM * Monday, November 16 Where: Room 340, City Hall, 200 N. Spring St., Los Angeles 90012

What: LA City Council Meeting (agenda item #18) When: 10:00 AM * Wednesday, November 18 Where: Room 340, City Hall, 200 N. Spring St., Los Angeles 90012

Arrive early to complete a public speakers card if you want to speak at the meeting. ASA volunteers will have talking points to help you frame your comments.

You can get public transit information online at http://www.mta.net/riding_metro/default.htm

Be sure to mark your calendar now for the LA-ASA meeting on Saturday, November 21, at 1:00 PM. We should have a lot to talk about! The meeting will be in the front room of the Patient ID Center located at 470 S. San Vicente Blvd. in Los Angeles 90048 (cross street is Drexel, between Wilshire Blvd. and 3rd St.).

Thanks for helping!

__________________
Don Duncan California
Director Americans for Safe Access
ASA*:*Advancing Legal Medical Marijuana Therapeutics and Research

ASA California Alert: November 13, 2009

User — Sat, 14 Nov 2009 15:12:07 GMT

San Jose City Council to Consider Medical Marijuana Ordinance:

As reported in the Mercury News last week
(San Jose committee mulls medicinal marijuana law - San Jose Mercury News), the San Jose City Council has begun an initial assessment of the issues involved with establishing a city law to regulate medical marijuana dispensaries:

"Councilman Pierluigi Oliverio proposed that the city approve regulations similar to those in other Bay Area cities that would allow a limited number of medicinal marijuana dispensaries in industrial areas; prohibit onsite use; and call for a $10,000 permit fee and 3 percent tax, the proceeds of which could support police and road maintenance."

California Cities and Counties Continue Debate on Dispensaries:

As reported in the Los Angeles Times
(Cities, counties no longer mellow about pot dispensaries -- latimes.com), about 120 California cities have banned medical marijuana dispensaries to date, while perhaps 30 cities have passed laws allowing dispensaries.

In Madera County (County offers medical marijuana card program), Public Health Director Carol Barney is now implementing the state-required medical marijuana ID card program. The County will maintain its ban on dispensaries, while simultaneously allowing patients to grow for personal use.

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Congressional Support Grows for Truth in Trials Act:

28 Members of Congress have now cosponsored the Truth in Trials Act. Is your Representative among them?

Visit our blog to see the latest list: Medical Cannabis: Voices from the Frontlines Blog Archive Truth in Trials Act gains additional support!

If your Member of Congress isn't on the list, send them an email!

Click here: http://www.americansforsafeaccess.org/house

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Chapter and Affiliate Meetings:

Friday, November 13th -- San Diego: North County ASA Meeting
7:00 p.m. @ Academy Of World Martial Arts, 1050 S. Santa Fe Ave., Vista For more info, contact: movementinaction@gmail.com or
(760) 500-8868

Tuesday, November 17th -- Sacramento: Crusaders 4 Patients Rights Meeting
7pm @ Crusaders Hall, 320 Harris Avenue, Suite H, Sacramento For more info, contact: cpr4mercy@yahoo.com

Wednesday, November 18th -- Landers: High Desert MAPP meeting
6:30 p.m. @ Castle Inn, 1388 N. Golden Slipper Lane, Landers For more info, contact: lannyswerdlow@earthlink.net

Thursday, November 19th -- Arcata: Humboldt County ASA Meeting
6:00 p.m. @ Community Rec Room of Bayview Courtyard Senior Housing Complex, 550 Union Street, Arcata For more info, contact: asa-humboldt@sbcglobal.net or
(707) 407-8522

Saturday, November 21st -- Los Angeles: ASA Meeting
1:00 p.m. @ Patient ID Center, 470 S. San Vicente Blvd., Los Angeles (at Drexel, between Wilshire & 3rd St.) For more info, contact: Don@AmericansforSafeAccess.org

Tuesday, November 24th -- San Francisco: ASA Meeting
7:30 p.m. @ Bowzer's Pizza, 371 11th St, San Francisco For more info, contact: dcgoldman@yahoo.com

Thursday, December 3rd -- Sacramento: ASA Meeting
7:30 p.m. @ Round Table Pizza, (916) 924 3731, 1566 Howe Ave., Sacramento For more info, contact: Haley Moore, crazycomet82@yahoo.com

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Government Icon City and County Hearings:

Walnut Creek City Council Hearing: The Walnut Creek collective, C3, is currently being sued by the city of Walnut Creek. There is going to be a group presentation to the Walnut Creek City Council at 7:00 PM on December 1st at 1666 North Main Street in Walnut Creek. Supporters are encouraged to attend and urge the Walnut Creek City Council to support safe access to medical marijuana.

Building Your Emergency Response Plan

User — Wed, 11 Nov 2009 15:53:06 GMT

Building Your Emergency Response Plan

I. Be prepared

Make a Plan: When planning your local action, what scenario do you think would get the most attention? What can you do even better than the last time to make your action interesting and inspiring? What materials, props, puppets, and street theatre would you like to have prepared? A giant Mt. Rushmore-type puppet of George Bush, Cheney and Rove? A circle of people blockading the front doors of the DEA office? Some hemp seed 'gardening' in front of the federal building? A banner tied on a busy overpass? Your imagination's the limit for smart, visual, clear actions! Figure out your plan in advance and let us know what you have in mind.

Assign Roles: It is important to assign roles ahead of time so that everyone in your group knows how to act when your emergency response plan is put into action. Some roles to consider filling are media liaison, media spokesperson, legal observer, and head of the phone tree.

Have Signs and Materials Ready: Prepare visuals ahead of time so you can quickly bring signs to the site of a raid. Have flyer and press templates ready so that information can be plugged in.

Organize Your Lists: Make an emergency contact list of all activists who are committed to defending patients' access to medical cannabis. Set up a listserve of all the email addresses you have, a phone tree, and a short list of media contacts, friendly politicians, and other ally organizations you would want to contact if a raid happens. Make sure the national ASA and local office has a copy of these lists to help you alert your local Emergency Response Network - send them to sandiegoasa@gmail.com and Sanjeev@SafeAccessNow.org

Prepare Your Media: Make lists of local media outlets now, line up your spokespeople, and get a media working group in place. Print out and adapt the sample press release to your local situation. Be prepared to make your own media as well. For media resources, see ASA's Activist Media Manual.

Build Support for Your Plan: Figure out who your natural allies are and ask for their support and involvement, and find out what they would like your support in doing. We need to broaden our base, from patients, to the medical community, to the social justice and human rights movements, and so forth.

Plug into ASA National Office: Stay in consistent contact with the ASA office to keep up-to-date on raids and emergency response plans. One of the best ways to do this is to join our national and local email lists, where we announce any raids that occur. Also, if hear a rumor about a raid, please call the ASA office to alert us and/or to confirm:
(619)446-9786 or (510)
251-1856.

II. Day of a Raid

Confirm that a Raid IS Happening: Often, activists call the ASA office in a panic about a raid. Sometimes, a raid is occurring, but at other times, it is a false alarm. Please be sure to check your facts before sounding the alarms. Keep in mind that police presence at a dispensary or collective does not mean that a raid is occurring. Local police sometimes visit dispensaries for other reasons, including regular inspections as part of a local permitting process.

Gather Facts: Once you have confirmed that a raid is occurring, try to gather the answers to the following questions:

. Who is being raided?

. Where are they located?

. Which agency or agencies are involved?

. Has anyone been detained or arrested?

Call ASA: Call ASA in San Diego at 619-446-9786 and Oakland at (510)
251-1856 and relay the information you gathered. Once you call us, ASA staff will activate a portion of the emergency response network, including sending out an email to our lists, alerting the media, and calling on the support network of the facility being raided.

Go to the Site of the Raid to Observe & Show Support: It is important to witness a raid to show the police we are watching them and to demonstrate to media present the extent of support for medical cannabis providers. Legal observers watch and record the actions of the cops. Legal observers may help keep people safe by discouraging police attacks. The information collected can be useful in criminal defense or in suing police.

What to Bring: Scratch paper or a notebook. Mark pages "Privileged and Confidential". Bring several pens with waterproof ink. Optional: tape recorder, camera, video camera.

Tips for Legal Observers:

. Legal observers tend to be more likely to risk arrest, so don't carry anything illegal.

. Carry ID.

. Do not engage in violence either oral or physical. Do not damage property.

. Don't get physically involved.

Maintain Close Proximity to Police: Legal observers should try to get as close to the incident as possible. In doing this observers should try to maintain a calm demeanor and make no sudden movements that could be construed as threatening.

Take Detailed Notes & Call ASA Office with Updates: Your notes should include time and location of the raid, listing of law enforcement agencies conducting the raid, description of police activities, and circumstances that led up to the incident. Rewrite your notes later when the incident is still fresh in your mind and call the ASA office with updates throughout the incident. Here is a check list of details to write down:

Names, badge numbers and other identifying characteristics of all law enforcement and government agencies present. If they refuse to supply you with these, or if they are not visible, make note of these.

. The manner in which the officers are identified. If there is no identification supplied, make note of this.

. Who is in charge. If they refuse to tell you who's in charge, make note of this.

. Name(s) of person(s) arrested and/or detained.

. List of any evidence that is seized.

. Any unusual circumstances, force used, injuries, sweeps.

. Names of media present.

. Names of people with cameras.

. Always track time in your notes.

. Note other facts that seem important.

Make Media Calls: Call local media during the raid to encourage them to go to the site of the raid. Prioritize television news media because they are more likely to want footage of the raid occurring. Next, call print and radio media contacts.

Activate Your Phone Tree: During the raid, activate your phone tree to gather a critical mass of supporters at the site of the raid. After the raid, call your phone tree again to ask them to participate in an emergency response action in coming days.

Meet with Your Response Team About Next Steps: Meet with your core team to determine next steps. Alert the ASA office about any plans for an upcoming response action.

III. Day After a Raid:

Arraignments: Attend the arraignments of those who were charged. Please see ASA's guide to court support <ASA*:*Guide to Organizing Court Support for further information.

Work with ASA to Create National Response: Through ASA's national alert listserve <ASA:Online Action Center , we will notify folks of raids as soon as they happen. To keep the pressure on, we need to respond to these raids FAST. We encourage sustained resistance to these events through creative non-violent tactics. From phone calls to sit-ins to spontaneous street theater, we'll work to support your local action planning with a national network of assistance and support. E-mail sandiegoasa@gmail.com and Sanjeev@SafeAccessNow.org, or call (510) 251-1856 for anything else you may need to make this a successful action.

IV. Continued Support:

If any of the raid victims were charged, they will need continued support. Nearly 100 defendants are currently facing federal charges, over 100 in state court, and it is important to sustain support for them, even as new raids continue to occur. Please refer to ASA's court support guide <ASA*:*Guide to Organizing Court Support for more information on doing effective court support.

San Diego Grand Jury Investigation

User — Thu, 05 Nov 2009 14:50:45 GMT

The San Diego MMJ community needs your support... We finally have the mainstream media requesting our story, and a possible grand jury investigation!

Eleanor Yang Su, staff writer with the San Diego Union Tribune has been newly assigned to the "medical marijuana beat" and is considering writing an article about the possible San Diego Grand Jury investigation into the County DA's denial of safe access and the 09/09/09 terror attacks on our community. She has requested copies of complaints that were sent to the Grand Jury after the 09/09/09 attacks. I've sent her the complaint that was sent to all of you on 09/16/2009, now she's requesting more.

Mainstream media support is crucial to our success in this ridiculous battle for safe access.

If you sent a letter to the Grand Jury, please attach your letter to a reply of this ASA email or email directly to eleanor.su@uniontrib.com.

If you witnessed Grand Jury members at the Medical Marijuana Task Force meeting please reply to this email with your recollection of the event(s) or email directly to eleanor.su@uniontrib.com.

Thank you for your continued support!

If you have any questions or concerns regarding this request, please call Marcus with San Diego ASA @ 619-540-7172

San Diego Americans for Safe Access Rally to Urge Mayor Participation in Task Force

User — Thu, 05 Nov 2009 14:46:46 GMT

As the San Diego Medical Marijuana Task Force (MMTF) prepares to meet on Friday November 6, 2009 for the fourth time to deliberate on regulations for the operation of medical marijuana collectives and cooperatives in the city, the Mayor o San Diego still refuses to sit down and work with patients and community members to come up with sensible regulations.

Although urged by members of the San Diego City Council and hundreds of patients, the Mayor, Chief of Police, and the District Attorney have refused to participate and have gone as far as insinuating that the laws we have in place are clear enough, and that there is no need for further clarification.

Majority of San Diego citizens do not agree. As last poll discussed by the task force last week showed, an overwhelming majority of residents in San Diego support regulating medical marijuana dispensing collectives and cooperatives rather than simply eradicating them as Bonnie Dumanis has been doing since 2003.

Tuesday, November 3. 2009 members of San Diego Americans for Safe Access (ASA), patients, and concerned citizen alike gathered outside of the Mayor’s office to urge his participation in the task force.

The morning began with members of San Diego ASA delivering a letter to Mayor Jerry Sanders:

Dear Mayor Sanders,

While the San Diego Medical Marijuana Task Force has already met four times, your office’s presence has been lacking.

As a recent poll has shown, the majority of the city supports sensible regulations for medical cannabis dispensing collectives and cooperatives. In fact in San Diego alone there are an estimated 60,000 cannabis patients who require reasonable and safe access.

Although we were pleased to see a San Diego Police Department representative at the last meeting his appearance was brief and uninvolved.

Patients, doctors, concerned citizens alike, urge you to participate in the medical marijuana task force, to sit in at the entire meeting and to take note of the needs and wants of the community of San Diego.

Respectfully,

San Diego Americans for Safe Access

After delivering the letter to the Mayor’s office the San Diego ASA delegation joined David Davis of KUSI News outside of the Mayor’s Office, where Mara Felsen a local attorney explained our purpose and message to KUSI News who reported live about the rally.

“David Davis was downtown where a group of citizens were preparing for a rally to urge Mayor Sanders to participate in the San Diego Medical Marijuana Task Force.”

After the Interview the delegation joined the rest of the protesters outside the Mayor’s office for a peaceful protest urging the Mayor’s participation.

The rally on Tuesday is a continuing effort by San Diego Americans for Safe Access a local group dedicated to the promotion of safe and legal access to cannabis for therapeutic use and research, to promote the quick adoption of sensible and patient oriented regulations for San Diego.

Last week Don Duncan, California Director of Americans for Safe Access spoke to the San Diego MMTF about the benefits of regulations, and cautioned them not to be misled by faulty legal analysis aimed at rolling back safe access. Don Duncan said “Input from stakeholders early in the process is important, and San Diego ASA is working with allies to be sure patients’ voices help shape the city’s policy.”

The message was clear and rang through the city, patients will no longer tolerate this lack of participation on the part of our city leadership, and will not stand for the abuse, harassment, and prosecution of legitimate patients.

Local CW News Channel 6 and San Diego CityBeat were there to cover the event:

YouTube - Mayor Rally CW6 Coverage

News Hawk: User: http://www.420magazine.com/
Source: Americans for Safe Access
Author: Eugene Davidovich
Copyright: 2008 Americans for Safe Access
Contact: info@safeaccessnow.org
Website: San Diego Chapter: San Diego Americans for Safe Access Rally to Urge Mayor Participation in Task Force

ASA November 09 Activist Newsletter

User — Tue, 03 Nov 2009 16:33:16 GMT

Federal Policy on Medical Marijuana Turns Corner Justice Department Tells Prosecutors to Respect State Law

In a sharp departure from previous federal policy, the U. S. Department of Justice has softened its stance on medical cannabis. In a memo issued last month, the Justice Department told U. S. Attorneys that they should not expend resources prosecuting medical cannabis patients and their caregivers in states that have adopted laws allowing medical use.

The memo's tacit recognition of both the legitimate medical applications of cannabis and the rights of patients whose doctors advise them to use it marks a policy reversal from previous administrations, which have spent the past 13 years undermining state medical cannabis laws. The change makes good on a campaign promise of President Barack Obama, who said he sympathized with medical cannabis patients and opposed using federal resources to interfere with state medical cannabis programs.

The memo came shortly after ASA Executive Director Steph Sherer, Government Affairs Director Caren Woodson and Special Advisor David Krahl met with Justice Department officials in Washington D. C. and explained the need for a written directive.

"Medical marijuana patients and advocates have worked long and hard for this victory," said Sherer. "We're grateful that President Obama intends to keep his promise not to undermine state medical marijuana laws, but we still need a comprehensive national policy that promotes research and protects all patients."

The official DOJ memo addresses continuing federal raids and prosecutions targeting medical cannabis patients and providers in California and other states. While President Obama had said on the campaign trail that he would end the raids, Drug Enforcement Administration actions continued as his nominee for Attorney General, Eric Holder, went through the confirmation process, including four coordinated raids in Los Angeles on the day Holder was sworn in.

Following those raids in early February, a White House spokesman reiterated President Obama's intention to make good on his promise of a new policy, but said that change hinged on the appointment of new officials at the DEA and other agencies. Three weeks later, Attorney General Holder, appearing at a news conference with the DEA's acting administrator by his side, said that the President's campaign promise "is now American policy."

ASA had sought a written statement of that policy to guide federal prosecutors and judges. U. S. Attorneys in California and elsewhere had said that it would be business as usual with prosecuting medical cannabis cases until they were told to stop. Some federal judges have recently balked at imposing federal prison sentences and have sought clarification from the Justice Department about how the new policy affects federal defendants.

While the memo states that the new policy does not change federal law or alter the rules for federal marijuana trials, where evidence of medical necessity or compliance with state law is routinely excluded as irrelevant, advocates hope it will have an effect on the more than two dozen federal prosecutions of medical cannabis cases currently underway.

"The change of direction is what's most important," said ASA Chief Counsel Joe Elford. "This memo gives prosecutors a reason to think twice about bringing charges and judges a chance to reduce sentences or eliminate prison time."

Since California voters approved a medical cannabis initiative in 1996, federal officials have resisted and court battles have ensued. The Clinton Administration threatened to sanction any doctors who discussed medical cannabis with their patients, but the U. S. Supreme Court ruled that Constitutional free-speech protections prevented interference.

That did not preclude prosecution of patients, however, as the Supreme Court also said in a separate case that the federal government can bring charges against medical users who comply with state law. Under the Bush Administration, nearly 100 patients and caregivers were prosecuted in California alone, and the DEA carried out more than 200 "smash and grab" raids, where property was damaged and medicine and cash seized, but no arrests were made.

Voters and legislators in 14 states with a total population of more than 78 million Americans have enacted laws providing some measure of protection for those patients who use cannabis on the advice of their doctors.

For further information: DOJ guidelines on medical marijuana prosecutions: http://www.justice.gov/opa/documents...-marijuana.pdf

___________________________________

New Bill to Allow Medical Defense in Some Federal Marijuana Trials "Truth in Trials" Act Would Recognize State Medical Cannabis Laws

Patients who use medical cannabis under state programs would no longer fear federal prosecution, if a new bill before Congress becomes law.

The bipartisan "Truth in Trials" act, introduced by U. S. Representative Sam Farr (D-CA) with more than twenty original co-sponsors, would allow defendants in federal marijuana cases to present evidence that they were in compliance with their state's medical marijuana law.

Federal rules of evidence currently exclude any type of medical defense to marijuana charges, even when a patient is using cannabis under the direction of a physician and is in compliance with a state's medical cannabis program. Thirteen states have laws that allow authorized patients to use and possess cannabis, but federal law classifies marijuana as a drug with no accepted medical use.

Americans for Safe Access is one of nearly 40 health organizations and advocacy groups endorsing the bill, but Farr's press release on its introduction quoted ASA to explain the importance of the bill:

"The Truth in Trials bill seeks to restore the balance of justice and bring fundamental fairness to federal medical marijuana trials," said Caren Woodson, ASA's Government Affairs Director. "This legislation complements the recent Justice Department guidelines for federal prosecutors and is now more necessary than ever."

While the newly released guidelines from the Justice Department caution federal prosecutors against bringing cases against individuals operating under state medical marijuana law, those individuals still lack legal protection.

"This is a common sense bill that will help stop the waste of law enforcement and judicial resources that have been spent prosecuting individuals who are following state laws," Rep. Farr said in a statement on introducing the bill. "This legislation is about the fair treatment of defendants in medical marijuana trials, plain and simple."

More than two dozen federal cases involving medical cannabis are currently pending. Because medical cannabis patients and their providers are allowed no medical defense at trial or mention of state law, convictions are nearly assured, and many defendants take plea bargains in an effort to reduce mandatory sentences of up to 20 years in prison.

The fate of Charles Lynch is a case in point. Lynch, a locally licensed medical marijuana provider in Morro Bay, California, was prosecuted, convicted and sentenced to federal prison, even though he had obtained a city business license, complied with local zoning rules, and even been welcomed into the Chamber of Commerce.

"I was denied an affirmative defense despite my strict adherence to local and state medical marijuana laws," said Lynch, who is currently free on bail pending his appeal. "Passage of this bill will allow jurors to hear the entire story."

Rep. Farr's bill is similar to ones offered without success in previous sessions of Congress. But supporters hope that the change in federal policy indicates President Obama would sign the bill, something that may help push the measure forward.

Among the groups joining ASA in endorsing the bill are the American Civil Liberties Union (ACLU), National Association of People With AIDS (NAPWA), National Minority AIDS Council (NMAC), and AIDS Action Council.

___________________________________

Dispensary Regulation Battle in Los Angeles City Rebuked on Moratorium, Pushes for Ordinance

Medical cannabis patients know what it means to be caught between state and federal laws, but patients in Los Angeles are now finding themselves caught in a political battle between the City Council on the one hand and the city attorney and district attorney on the other.

At issue are storefront collectives that dispense cannabis to members. Hundreds of such dispensaries are operating openly in the city, and have been for many years. And for years, advocates and officials alike have said the city needs a workable ordinance to regulate them.

Two years ago, the council imposed a moratorium on new dispensaries opening, but did so in such a way as to lead many people to believe they could open anyway under a "hardship" exception. And open they did, maybe as many as 800 more. The committee in charge of approving those exceptions has so far rejected them all, but a state judge has now invalidated the entire moratorium as unconstitutional, throwing the process into disarray.

Meanwhile, the LA City Council has been begging the newly elected city attorney, Carmen Trutanich, for a workable ordinance. But he now says any sale of cannabis for cash is illegal under state law, so all dispensaries are operating illegally and must close or face prosecution.

The city council isn't buying it, for a number of reasons. Dispensaries are well established and well regulated in other cities around the state. California Attorney General Jerry Brown has already issued guidelines for their legal operation. And the state's medical cannabis initiative instructs local officials "to implement a plan to provide for the safe and affordable distribution of marijuana." As a result, the council has insisted on new language for an ordinance, which is now in its fifth official draft.

Led by California Director Don Duncan, ASA has been working closely with Los Angeles city officials since
2005 to craft responsible regulations. ASA has also been organizing patients and advocates, and every committee and council meeting on the issue has been filled by people speaking eloquently on the need for safe access.

ASA also organized a protest when it came to light that the city attorney and District Attorney Steve Cooley would both be appearing at a law enforcement training on "eradicating" dispensaries. More than 100 peaceful protestors picketed the luncheon sponsored by the California Narcotics Officers' Association, a group vehemently opposed to medical cannabis.

"Elected officials should have no part in an anti-medical marijuana road show that trains police how to flaunt state law," said ASA California Director Don Duncan. "Statewide law enforcement organizations should be helping to implement safe methods of medical marijuana distribution, not working to undermine access."

Popular support for legal access to medical cannabis and regulated means of distribution has only increased. Recent polling in Los Angeles found that
77% of the county's voters support "uniform licensing and regulation" of medical cannabis dispensaries. Only
14% said they support the goal of the city attorney and DA to shut all dispensaries. Nonetheless, the Los Angeles Police Department has begun raiding medical cannabis dispensaries and arresting their operators, even some who have been operating for years under the pre-moratorium rules.

Research by ASA on the experience of other communities in the state shows that sound regulations for cannabis dispensaries consistently reduce crime and complaints.

Further information: CNOA training brochure: http://AmericansForSafeAccess.org/do...yer_9_2009.pdf Regulatory ordinance for Los Angeles County: http://AmericansForSafeAccess.org/do.../LA_County.pdf

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ACTION ALERT: Urge Your U. S. Representative to cosponsor Truth in Trials!

One in four Americans now lives in a state with laws governing medical marijuana. Unfortunately, law-abiding citizens can still be prosecuted on federal marijuana-related charges.

Even with the Obama Administration's new guidelines, federal prosecutors can still block defendants from showing that they were in compliance with state law.

The "Truth in Trials" Act, H. R. 3939, would end this injustice by ensuring that federal defendants could present evidence showing that they were following state law. Introduced by U. S. Representative Sam Farr, this important legislation would give law-abiding citizens the ability to defend themselves in federal court.

Urge your Member of Congress to cosponsor "Truth in Trials" today. Take action online at AmericansForSafeAccess. org/house or call 202-224-3121 for the House switchboard.
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PRINT THIS NEWSLETTER

To download a pdf of this newsletter to print and distribute, go to http://www.safeaccessnow.org/downloa...newsletter.pdf.

___________________________________

Americans for Safe Access * 1322 Webster Street, Ste.
402 * Oakland, CA 94612

info@SafeAccessNow.org * 510-251-1856 * www. AmericansForSafeAccess. org

ASA California Alert: October 30, 2009

User — Sat, 31 Oct 2009 15:54:57 GMT

*Take Action* Urge Congress to Cosponsor the Truth in Trials Act!

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Take Action Icon Take Action

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Urge Congress to Support the Truth in Trials Act!

This week, Congressman Sam Farr introduced the Truth in Trials Act, H. R.
3939. This bill would enable law-abiding citizens facing federal marijuana related charges to introduce evidence at trial showing that they were in compliance with state law.

Truth in Trials needs a lot of support in the U. S. House of Representatives if it is to succeed. Please urge your member of Congress to cosponsor this important legislation.

Click here: ASA:Online Action Center

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Take Action Icon Chapter and Affiliate Meetings

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Tuesday, November 3rd -- Sacramento: Crusaders 4 Patients Rights Meeting

7pm @ Crusaders Hall, 320 Harris Avenue, Suite H, Sacramento For more info, contact: cpr4mercy@yahoo.com cannacare@earthlink.net

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Wednesday, November 4th -- Riverside: Riverside/Western Inland Empire MAPP Meeting

7:30 p.m. @ THCF Medical Clinic, 647 Main St., Riverside For more info, contact: lannyswerdlow@earthlink.net lannyswerdlow@earthlink.net or 760-799-2055.

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Thursday, November 5th -- San Jose: Silicon Valley ASA Meeting

6:00 p.m. @ Location TBA. Contact: SiliconValleyAsa@gmail.com for more info.

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Thursday, November 5th -- Santa Rosa: Sonoma County ASA Meeting

5:00 p.m. @ Dept. of Public Health, South City View Room, 625 Fifth Street (Between Mendocino Ave & Humboldt St.), Santa Rosa. Note that the DPH closes at 5 pm; please knock loudly or enter glass door directly into classroom. For more info, contact: sarah@safeaccessnow.org Nathan@compassionatecoalition.org or
415-756-4587

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Saturday, November 7th -- Palm Springs: Palm Springs/Coachella Valley MAPP Meeting

3:00 p.m. @ Crystal Fantasy, 266 N. Palm Canyon, Palm Springs For more info, contact: lannyswerdlow@earthlink.net lannyswerdlow@earthlink.net or 760-799-2055.

cannacare@earthlink.net

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Tuesday, November 10th -- Fresno: ASA Meeting

6:00 p.m. @ Full Circle Brewing Co., 620 "F" Street, Fresno For more info, contact: fresnocagal@sbcglobal.net

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Tuesday, November 10th -- San Diego: ASA Meeting

7:00 p.m. @ 6070 Mt. Alifan Suite 202 in San Diego For more info, contact: 4cccp@cox.net 4cccp@cox.net

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Wednesday, November 11th -- Marin: ASA Meeting

7:30 p.m. @ The Whistlestop at 930 Tamalpais Ave., San Rafael For more info, contact: Thomas Mullin, mullin12321@yahoo.fr
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Friday, November 13th -- San Diego: North County ASA Meeting

7:00 p.m. @ Academy Of World Martial Arts, 1050 S. Santa Fe Ave., Vista For more info, contact: movementinaction@gmail.com Nathan@compassionatecoalition.org or (760)
500-8868

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Wednesday, November 18th -- Landers: High Desert MAPP meeting

6:30 p.m. @ Castle Inn, 1388 N. Golden Slipper Lane, Landers For more info, contact: lannyswerdlow@earthlink.net lannyswerdlow@earthlink.net

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Thursday, November 19th -- Arcata: Humboldt County ASA Meeting

6:00 p.m. @ Community Rec Room of Bayview Courtyard Senior Housing Complex, 550 Union Street, Arcata For more info, contact: asa-humboldt@sbcglobal.net asa-humboldt@sbcglobal.net or (707) 407-8522

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Saturday, November 21st -- Los Angeles: ASA Meeting

1:00 p.m. @ Patient ID Center, 470 S. San Vicente Blvd., Los Angeles
(at Drexel, between Wilshire & 3rd St.) For more info, contact: Don@AmericansforSafeAccess.org Don@AmericansforSafeAccess.org

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Tuesday, November 24th -- San Francisco: ASA Meeting

7:30 p.m. @ Bowzer's Pizza, 371 11th St in San Francisco For more info, contact: dcgoldman@yahoo.com Don@AmericansforSafeAccess.org

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Patients Rights Icon Court Support

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Tuesday, November 3rd -- Court Support Needed for Thomas Kikuchi

What: Motion To Dismiss for Thomas Kikuchi When: Tuesday, November 3, 2009 Time: 8:45 A. M. Where: Van Nuys Courthouse West, Judge Lippit 6th Floor Department E,
14400 Erwin St. Mall, Van Nuys, CA 91401

On November 3, 2009, Allison Margolin will argue a motion to dismiss in Tom's case. This is an important step in the process. If you can come out and support Tom, it would be much appreciated. This is a classic medical marijuana case, but Tom must still prove to the court's satisfaction that his grow was for medical purposes, a complex task in the current legal environment. Please come out and support Tom as his case begins.

PARKING: The public parking structure is at 6170 Sylmar Ave. between Delano St. and Calvert St. (one block east of Van Nuys Blvd.) The cost is $6.00 per day, and the parking structure closes at
7:30 pm. The ticket booth is at the top of the ramp on the 4th level. Metered parking is available on nearby streets.

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Marijuana Icon Special Events

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Saturday, November 7th -- Sebastopol Harvest Dance to benefit ASA

The 11th Annual Harvest Dance and Celebration presented by Peace in Medicine is scheduled for November 7th at the Sebastopol Community Center and Youth Annex. Last year, the Celebration was well-attended by over 2400 people over the course of the day!

For more information: Home : Harvest Dance and Celebration

To purchase tickets: Brown Paper Tickets - The first and only fair-trade ticketing company!

The 11th Annual Harvest Dance and Celebration will offer a friendly kids space, film festival, and expanded vendor expo. It will culminate with the Harvest Dance from 6:00 p. m. to Midnight featuring headlining local entertainment: Animal Liberation Orchestra, Human Revolution, L'Fiasco, Seraphin, and special guest Gabby LaLa.

Our goal is to facilitate an opportunity for the local and regional medical cannabis community to unite in a joint effort of celebration, education and accomplishment, while raising needed funds for 501(c)3 organizations. The beneficiaries of this years event are Americans for Safe Access and Sebastopol Community Center.

The Harvest Dance and Celebration is starting early in the day with a series of FREE workshops: including cultivation, know your rights training, California Legalities, how solar can support renewable energy for cultivation, edibles, history of cannabis, an author's corner, Art Show, "Ask Ed" live and on stage with Ed Rosenthal and much more.

Children's activities and games will be available outdoors. Live music and DJ's will lead us into the evening. Dance tickets are $20 in advance, $25 at the door

The Truth In Trials Act

User — Wed, 28 Oct 2009 14:55:49 GMT

We are excited to announce new legislation in Congress that would protect many medical marijuana patients and providers from federal prosecution.

One in four Americans now lives in a state with laws governing medical marijuana. Unfortunately, law-abiding citizens can still be prosecuted on federal marijuana-related charges.

Today, Congressman Sam Farr introduced the "Truth in Trials" Act, H. R. 3939. This bill would enable law-abiding citizens facing federal marijuana related charges to introduce evidence at trial showing that they were in compliance with state law.

"Truth in Trials" needs a lot of support in the US House of Representatives if it is to succeed.

Please e-mail your member of Congress right now. Ask him or her to cosponsor this important legislation.

Click here:

ASA:Online Action Center

Thanks!

Sanjeev Bery
National Field Director
Americans for Safe Access