Operation Green Rx - "Navigating The Serpentine Roadmap"

Superior Court Judge Allows Dispensary to Remain Open; Denies City of San Marcos Emergency Injunction

2011-03-17T22:28:00.000-07:00

By Eugene Davidovich, San Diego ASA

SAN MARCOS – In a major victory for medical marijuana advocates across the state, San Diego Superior Court Judge Thomas Nugent on Thursday morning denied the City of San Marcos a Temporary Restraining Order (TRO) against Wellness Tree collective, allowing the medical marijuana dispensary to remain open.

In 2006, when the city adopted an ordinance prohibiting medical marijuana dispensaries from operating in all zones, they specifically instructed the business tax office not to issue permits for such use and have denied all applications since.

The TRO filed by the City Attorney’s Office on Thursday named not just the Wellness Tree Collective, but also individual directors, and the landlord, demanding emergency relief through a restraining order, a preliminary and permanent injunction, declaratory relief, and damages.

This blatant attempt to shut down the remaining access in that city is very much in line with their bias driven agenda to undermine state law on this issue and is clearly against the desire and will of the residents who overwhelmingly oppose the city’s ordinance and these actions against the dispensaries.

Representing the collective in court were attorneys John Murphy who argued against the restraining order and cited the City’s ordinance did not provide the ability for anyone to obtain a business license to operate a dispensary, making it an outright ban. Murphy who works closely with Anthony Curiale the lead attorney in the highly publicized Anaheim case was accompanied in court by Melissa Bobrow who represented the landlord of the property where the dispensary is located.

During Thursday’s hearing the City Attorney argued the dispensary was operating illegally because it failed to obtain a business license, Judge Nugent disagreed, he explained that he saw absolutely no emergency in this matter and denied the TRO as well as pointed out that even if the dispensary had applied for a business license, they would not have received one.

After the hearing Attorney John Murphy said “The ordinance in the City of San Marcos is fatal and it violates the very terms of the Compassionate Use Act and the associated Health and Safety Codes by banning a patient’s right to collectively cultivate anywhere in San Marcos”.

While the City of San Marcos claims the ban is simply their way of ‘regulating’ dispensaries; advocates, patients, and concerned citizens alike have called it unconstitutional and a slap in the face of California voters who overwhelmingly passed Proposition 215 in 1996.

The Wellness Tree case is the first time a San Diego Superior Court Judge ruled against the City of San Marcos on this issue and also appears to be the first time the legality of the San Marcos Ban will be challenged in court.

On Jun 3rd instead of revising their unconstitutional ordinance, the San Marcos City Attorney’s Office will resume their eradication effort in court yet again trying to convince Judge Nugent that regulation really does mean eradication.

The hearing will be held in the Vista Courthouse at 1:30pm in Department M30 on Jun 3rd, 2011.

San Marcos City Council

Jim Desmond
Mayor

Hal Martin
Vice Mayor

Rebecca Jones
Council Member

Kristal Jabara
Council Member

Chris Orlando
Council Member

City to Close all Medical Marijuana Dispensaries; Opposition Mounts

2011-03-16T04:27:00.000-07:00

On March 28th at 2pm the San Diego City Council will be voting on an ordinance that, if approved as currently written, would close every medical cannabis facility in the city and make it virtually impossible for them to reopen, threatening the quality of life for some of the most vulnerable members of our community and denying safe access for thousands of patients in the City of San Diego.

Led by San Diego Americans for Safe Access and Canvass for a Cause, over twenty local, state, and national organizations have come together in opposition to this ordinance as currently written.

The “Stop the Ban” coalition campaign has been educating the public on the upcoming ordinance and encouraging them to write hand written letters to the city council urging them to amend the proposed ordinance and to approve an ordinance that guarantees safe access and reflects the needs of the community.

With the help and support of coalition partners the ‘Stop the Ban’ campaign has collected over 2,100 letters to the city council making it the largest letter writing campaign in San Diego history, has been profiled in CityBeat and covered by Fox 5 and CW 6,and has received endorsements from some of the largest clergy, drug policy reform, and student groups in the state - making it the largest public mobilization on behalf of medical cannabis in San Diego's history.

With less than two weeks left before the vote, the campaign has brought on extra volunteers who will supplement the ongoing effort in every district within the city.

“If this ordinance passes as currently written, crime will increase and the economy will suffer”. Ben Cisneros a Senior Organizer with the campaign stated. “By shutting down all access in the city, the veterans, families of patients, and the sick and dying would be terribly impacted”.

The campaign will be holding a Press Conference followed by a Candlelight Vigil on March 25th at 6:30pm at the Veterans Memorial Garden located at 2115 Park Blvd San Diego CA 92101

The following Monday on March 28th there will be a rally of hundreds of patients and concerned citizens voicing their concern against this ordinance. The rally will start at the Federal Courthouse located at 940 Front St. San Diego CA, 92101 at 12noon and will end at the San Diego City Hall at 202 C St. at 1:30pm where everyone will go up to the City Council Meeting to speak against the proposed ordinance at 2pm.

Further Information:

Campaign Website:
www.stopthebansd.org and www.facebook.com/stopthebansd

San Diego CityBeat Coverage:
http://www.sdcitybeat.com/sandiego/article-8825-wait-a-minute-mr-postman.html

OB Rag Coverage:
http://obrag.org/?p=34216

Bonnie Dumanis for San Diego Mayor? Take Action Against Dumanis Today!

2011-03-13T20:59:00.000-07:00

There are many patients and concerned citizens in the San Diego community who have witnessed firsthand DA Bonnie Dumanis' fierce and misguided fight against medical marijuana patients.

In response to her bid for Mayor of San Diego in 2012, many in San Diego have quickly united in opposition. The medical marijuana community sent a strong message to all supporters regarding Dumanis’ track record on the issue through social media and the internet. Most recently the ‘Dumanis Propaganda Machine’ began turning its wheels and producing misleading information about her record on the medical marijuana issue.

Dumanis has begun to recycle her old rhetoric claiming she in fact supports medical marijuana and that it is all the collectives that break the law because they are ‘selling’ marijuana. Dumanis is prepared to spend thousands of dollars on her propaganda war.

We urgently need your help to quickly mobilize opposition to the propaganda which will be put out from the Dumanis campaign in the coming weeks by helping us disseminate Dumanis true position and track record on the issue.

Take Action Against Bonnie Dumanis Today!
1. Post a negative review for Bonnie Dumanis on Yelp

2. Join the NOT DUMANIS campaign on Facebook.

Top three reasons why Dumanis is bad for San Diego compiled from dozens of responses from residents in the city of San Diego:

1. Dumanis is bad for our Community’s Safety and Welfare
Failed to protect victims' rights and has advanced her political agenda instead.

2. Dumanis is Bad for Marriage Equality
As District Attorney Dumanis has turned her back on the LGBT community by supporting anti-gay candidates and refusing to help defeat Proposition 8.

3. Dumanis is Bad for Medical Marijuana
Continues to wage a 'fierce fight' against medical marijuana patients and the protections created in the law for the sick and dying, while at the same time claiming to be for the issue.

Bonnie Dumanis Mayoral Candidacy Statement of Opposition from San Diego Americans for Safe Access

2011-03-11T19:41:00.000-08:00

In response to District Attorney Bonnie Dumanis’ announcement to run for San Diego Mayor in 2012, the local chapter of the nation’s largest medical cannabis patient’s rights advocacy group (Americans for Safe Access), joined a growing list of organizations opposed to her candidacy and issued the following statement:

In her service as the District Attorney for San Diego County, Dumanis has undermined the most vulnerable members of our community through her continued and misguided ‘fierce fight’ against medical marijuana.

Her fight has included raids on dispensaries as well as sick and dying patients’ homes, resulting in hundreds of thousands of tax payer’s dollars wasted on failed prosecutions. Dumanis has actively lobbied local governments for bans on dispensaries and has successfully influenced the County Board of Supervisors to adopt one of the most restrictive ordinances in the state.

Although Dumanis years ago ran on a platform for District Attorney in favor of medical marijuana her actions and track record since being elected almost a decade ago make clear that she continues to be an enemy to the medical marijuana community and those who use cannabis therapeutics for treatment.

We are strongly opposed to Dumanis for San Diego Mayor in 2012 and will work to oppose her continued oppression of the most vulnerable among us.

Visit NOT DUMANIS to voice your opposition to Bonnie Dumanis as Mayor of San Diego in 2012.

San Diego Americans for Safe Access
www.SafeAccessSD.org

Harassment of Medical Marijuana Patients in San Diego Continues

2011-03-11T11:17:00.000-08:00

Rogue Code Enforcement Officer Peter Bedrosian intimidates, harasses, and questions visibly ill patient in the streets of East San Diego County

By: Eugene Davidovich

SAN DIEGO – For years the county’s sick and dying have been at the brunt of District Attorney Bonnie (DA) Dumanis’ ‘fierce fight’ against medical marijuana patients. Dumanis’ fight has included raids on dispensaries, arrests of wheel-chair bound and terminally-ill patients, and has resulted in courtroom acquittals rather than convictions costing the county thousands and serious embarrassment to law enforcement.

In June of 2010, Dumanis managed to convince the County Board of Supervisors, a governing body historically opposed to medical marijuana, to adopt an ordinance which forced all dispensaries in the unincorporated areas of the county to shut down.

Since then, a few brave safe access pioneers, determined to provide the sick and dying with quality care, remained open and began to challenge the “de-facto” ban in court. With court challenges ramping up, under the direction of Top Cop, Dumanis, the Sheriff and Code Enforcement have launched a harassment campaign against the remaining care facilities.

The latest and most egregious example surfaced last month when Code Enforcement Officer Peter Bedrosian busily harassed and interrogated patients outside a remaining facility in the East County of San Diego and came across Vey Linville, a very active advocate, terminally ill patient, and member of the San Diego Chapter of Americans for Safe Access.

Below is an account of Mr. Linville’s encounter with Bedrosian as well as my attempt to clarify the departmental policy with regards to code enforcement encounters with patients.

After Mr. Linville contacted San Diego ASA and reported the incident, I was assigned to investigation. The goal was to determine the Sheriff Department’s and Code Enforcement policies on their interactions with patients as well as voice San Diego ASA’s concern for the incident.

I first called Mr. Bedrosian. When he answered his phone, I introduced myself and began to express my concern regarding his interaction with Mr. Linville was going to asked him for clarification on the department’s policy. After hearing who I was and why I was calling, a very angry Bedrosian began shouting into the telephone then, finishing his rant, he hung up. Shortly after his episode, Bedrosian called back with another ranting voicemail, this time complete with threats and intimidating statements which appeared designed to scare me into silence.

Following this call I wrote an email and left a voicemail for Assistant Sheriff Prendergast, the official spokesperson for the Sheriff on medical marijuana issues in the hopes of a response. In the email, I inquired about the policy as well as whether a departmental training program was in place for field code enforcement officers in those sensitive interactions. In the email, which I carbon copied Bedrosian on, I included Mr. Linville’s letter.

Around that same time, Mr. Linville personally hand delivered the letter to Assistant Sheriff Prendergast’s office. Mr. Linville’s letter as well as my email and calls, remain unanswered.
Here is the full content of the letter sent by Mr. Linville to Assistant Sheriff Prendergast which Mr. Linville has agreed to share with us for this article:

Assistant Sheriff Prendergast,

My name is Vey Linville. We met recently at the County Board of Supervisors meeting. I am an emphysema patient with an oxygen tank. I legally drink cannabis medicines to keep from suffocating. I thought you might perhaps remember me. I have been in the press and on TV several times recently regarding this issue, and I am an active and vocal member of Americans for Safe Access (ASA), the nation’s largest organization of patients, medical professionals, scientists, and concerned citizens promoting safe and legal access to cannabis for therapeutics and research.
On Thursday February 17, 2011, I was delivering political event flyers to various facilities in the unincorporated areas of San Diego County. It was approximately 1 p.m., I was dressed in a business suit and tie, and I was encumbered as usual with my oxygen tank.
On exiting XXXXXXXXXXXXXXX on xxxxx . in xxxxxxxxx, as I approached my vehicle, I was detained, interrogated, and harassed with no cause by a County Code Enforcement team, led by Peter Bedrosian, Code Enforcement Officer, Dept. of Planning and Land Use, (858-694-3047,peter.bedrosian@sdcounty.ca.gov).

Mr. Bedrosian identified himself and asked me in an aggressive and forceful manner who I was and what I was doing there. As a legal patient on life support with an illness considered terminal, I was quite intimidated by his aggressive demeanor, tone, and line of questioning; but I offered my hand and introduced myself and told him that I was there representing the San Diego Chapter of Americans For Safe Access and that I was dropping off brochures. This seemed to greatly agitate Mr. Bedrosian. He said: “Brochures, Eh?”, crossed his arms and proceeded to interrogate me in the parking lot.

He wanted to know if “The Facility” was still “Operating” inside. I explained to him that since I was just dropping off flyers, that I had not been past the front waiting area today; and that I could not say of my own knowledge what activities may or may not be occurring inside. I also explained to him that I had been to this facility before, and that I was not aware of any conduct by this facility not in fullest and strictest compliance with all state laws and local ordinances that I am aware of.

This seemed to cause Mr. Bedrosian great distress, and his level of agitation continued to increase. By this point, the other member of the Code Enforcement Team was trying to tell Mr. Bedrosian privately that he had seen me speak at the Planning Commission, and he seemed to be trying quite hard to get Mr. Bedrosian to calm down and disengage from this encounter.

At this point, Mr. Bedrosian took a couple of deep breaths and tried to put a good face on the above by explaining to me in a calmer tone and a forced smile that they had no problem with this facility continuing to operate, but that the issue was one of location. He told me that there were parcels in Spring Valley that were zoned for this, and that it would be fine for the facility to move to one of them.

I told Mr. Bedrosian calmly that I was a resident of Spring Valley, and that I was quite aware of the two parcels that he was referring to. I explained that my mobility is limited, and that I have many patients as friends who are far more disabled than I, in wheelchairs and on dialysis. I explained to him that a rock quarry and a radiation disposal area, without buildings, utilities, or improvements were not my idea of Safe Access; and that I did not think that was what the voters of California had in mind, or the framers of the Americans With Disabilities Act.
That is when I realized that this was an issue that Mr. Bedrosian is clearly taking very personally. He became even more angry and frustrated, and the other team member was forced to pull him away by the arm; and they left. I was afraid that Mr. Bedrosian’s clear personal bias on this political issue would result in attempted law enforcement action against me, because of my legal patient status, my political activities, and by simply being near that facility at that time.

Apparently this facility has a number of recorded video cameras, including one covering the front outside area; and a member inside had watched this Code Enforcement “Terminal Patient Encounter” unfold. This member came outside to see if I had been harmed, and to assist me with my oxygen tank and offer me water or whatever aid I might need. Before leaving the parking lot, I contacted Eugene Davidovich the San Diego Area Liaison for Americans for Safe Access and notified him of the incident.

It is my understanding that you personally have always treated the medical marijuana community and members of Americans for Safe Access in a fair, balanced and honorable way; and my recent meeting with you bears this out. I know as well that you have served with the highest valor in the field. I must therefore share with you one more item of the gravest concern. Yesterday I was told by members of the community that Mr. Bedrosian has had a number of other highly negative “Patient Encounters” of the worst kind.
It is my understanding that the purview of a Code Enforcement Officer is rather narrow.

It is my sincere hope that in the future, legal patients going about their lawful occasions in San Diego County will not be harassed in the street by County Code Enforcement Officers who may be personally uncomfortable with existing California State Law and political activity by legal patients, and are unable to exercise reasonable discretion thereby.

I must also encourage public policy discussion on this issue. It directly affects patients Quality Of Life, and intimidation of this type can keep the sick and dying from obtaining their life-saving medicine in San Diego County. I encourage you to work with Eugene Davidovich and other members of Americans for Safe Access to implement a policy for the San Diego County Sheriff’s Department that would address these types of interactions with the sick and dying in the County of San Diego.

I understand that your people have a job to do. This just isn’t it.
Thank you Sir, Vey Linville

Why has the county taken such a harsh stance on this issue considering that the latest field polls show 80% of registered voters in the County of San Diego support medical marijuana?

The lack of response from the San Diego Sheriff’s Department and Code Enforcement suggests that there is a serious disconnect between the will and needs of the residents of the county and their elected representatives. This disconnect gravely concerns the community which overwhelmingly supports the Compassionate Use Act and the fair treatment of sick and dying patients.

In Bedrosian’s case, his personal views against medical marijuana patients have clearly influenced his work, he now as a part of his job feels he has a right to target sick people who are exercising their right to free speech, under the guise of code enforcement.

On-the-job Code Enforcement officers like Peter Bedrosian and other law enforcement officials should keep their personal and political beliefs from spilling these views into a vitriol of hatred of patients.

It is time the San Diego Community stood up against this unfair treatment of patients and demanded accountability. I encourage you to contact the San Diego County’s Citizens’ Law Enforcement Review Board and file a complaint urging them to investigate the treatment of patients by Code Enforcement as well as other law enforcement officials in San Diego County.

Our most vulnerable residents deserve respect and a policy that takes into account their needs.

Download Instructions and form to file a complaint with the County’s Citizens’ Law Enforcement Review Board:
http://www.sdcounty.ca.gov/clerb/docs/Comp-frm.pdf

For questions and tips contact: sandiegoasa@gmail.com

Citizens Unite in Opposition to Proposed Medical Marijuana Dispensary Ordinance

2011-03-06T08:53:00.000-08:00

Citizens Unite in Opposition to Proposed Medical Marijuana Dispensary Ordinance

Opposition mounts against proposed medical marijuana dispensary regulation for the City of San Diego. Over twenty local and national organizations join campaign opposing the ordinance and urging changes.

On March 28th the San Diego City Council will be voting on an ordinance that will serve as a de-facto ban on medical cannabis facilities in the City of San Diego. If passed as currently written, this unduly restrictive ordinance would threaten the quality of life for some of the most vulnerable members of our community and would deny safe access for thousands of patients in the city.

In order to oppose the ordinance Canvass for a Cause and the San Diego Chapter of Americans for Safe Access have launched a coalition campaign to educate the public of the impending ban and mobilize grassroots opposition to the ban.

In the last three weeks the campaign has generated over 1,500 letters of opposition from constituents in the City of San Diego and has brought together a coalition of over twenty local and national organizations united in opposition to this ordinance!

The campaign has mobilized hundreds of patients and concerned citizens by organizing the medical cannabis facilities, employing well trained professional canvassers, and leading a traditional volunteer driven political effort giving the people a unique opportunity to voice their opposition to this ban.

Our campaign is educating the public to generate massive quantities of constituents’ communications to the city council members, urging them to amend the ordinance and approve an ordinance that guarantees safe access and reflects the needs of the community.

The campaign will be holding a rally on the 28th of March! The rally will start at the Federal Courthouse located at 940 Front St. San Diego CA, 92101 at 12noon and will end at the San Diego City Hall at 202 C St. at 1:30pm when everyone will go up to the City Council Meeting to speak against the proposed ordinance at 2pm.

We need your help to make the campaign a success, for volunteer opportunities, please email staff@stopthebansd.org

Visit the official campaign website for more information: www.stopthebansd.org | www.facebook.com/stopthebansd

San Diego Americans for Safe Access

www.SafeAccessSD.org

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org

Advocates Hold Press Conference at City Hall To Stop The Ban

2011-02-08T10:53:00.000-08:00

San Diegans join together to “Stop The Ban” on Medical Cannabis

Patient’s Advocates and Community Groups launch the “Stop the Ban” campaign at press conference in front of San Diego City Hall on Tuesday morning.

SAN DIEGO - In response to the impending de facto ban on medical cannabis facilities in San Diego, on Tuesday morning at 8am in front of San Diego City Hall, a coalition of community groups, non-profits, businesses, and concerned citizens held a press conference to announce the “Stop The Ban” grassroots campaign and town hall meeting.

Lead by the San Diego Chapter of Americans for Safe Access, the nation’s largest medical cannabis advocacy group and Canvass for a Cause, a non-profit specializing in grassroots organizing, the campaign is aimed at protecting medical cannabis patients and preserving safe access to medical cannabis in the city of San Diego by urging the city council to amend the proposed ordinance, which stands to eradicate access for all patients in the City, and bring it in line with the community’s needs as spelled out in the recommendations of the City’s Medical Marijuana Task Force.

“The City Council’s ordinance as proposed would close every medical cannabis facility now serving patients in the city of San Diego, would make it virtually impossible for a facility to reopen, and would leave thousands of vulnerable AIDS, Cancer, MS and other seriously ill patients in despair. People need to know what’s about to happen in their city.” said attorney and “Stop The Ban” spokesperson Rachel Scoma at the press conference on Tuesday.

Gretchen Bergman with A New Path also addressed the press from a mother’s perspective. Ms. Bergman discussed the need for compassion and outlined her opposition to the proposed ordinance.

The Stop the Ban campaign will draw on the San Diego Chapter of Americans for Safe Access’ history of activism on the behalf of patients and will utilize Canvass for a Cause’s proven grassroots organizing and education models in order to generate mass awareness and constituent communications to city hall. “We want to make sure that if the City insists on passing this ban that they have to do so despite the most unprecedented outpouring of public opposition to an ordinance that the city has ever seen.” Scoma says.

A town hall meeting will be taking place at Canvass for a Cause HQ, 3705 10th Ave. San Diego, CA on Wednesday, February 9th at 7:00pm.

The campaign has also launched the “Stop The Ban” website www.stopthebansd.org aimed at informing the public about the impending ban and helping organize volunteers for the effort.

Members of the coalition as well as the coalition spokesperson will be available for interviews and to answer questions at the town hall meeting on Wednesday at 7pm.

Stop The Ban Coalition: Canvass for a Cause, A New PATH, Drug Policy Alliance (DPA), Americans for Safe Access, Students for Sensible Drug Policy, Ideal Choice Insurance, Law Offices of Melissa Bobrow, Law Offices of Kimberly Simms, Nug Magazine, Kush Magazine, The San Diego County Community Coalition, Green Freedom Law Group, Legal Cannabis Institute, Several Members of the San Diego Medical Marijuana Task Force, among others.

Legal Cannabis Institute Doctor's Office Education Night

2011-02-06T20:27:00.000-08:00

Legal Cannabis Institute Presents - Doctor's Office Education Night - Thu, February 17, 7pm – 9pm

In our ongoing support of Medical Marijuana Doctors, we are offering a FREE Medical Marijuana Law class on Thursday, February 17th from 7PM to 9PM to you and your staff. The Legal Cannabis Institute is on a mission to help all medical marijuana patients understand their rights and responsibilities under the ever-changing laws. All of our law classes are taught by cannabis specialized attorneys.

Everyone who works in this industry can benefit from learning the up to the minute cannabis laws. Your staff needs to be informed and educated about patient rights and responsibilities; they are the front line for most patient information. Join us for a class and feel empowered to be of service to your patients.

Please RSVP by phone to 858-864-8787 for yourself and your staff by Tuesday, February 15th. Space is limited. We invite your participation in this exciting educational adventure!

LCI Campus, 10459 Roselle Street, Suite A, San Diego, CA 92121 – 858-864-8787

http://www.legalcannabisinstitute.com/

Why You Need a State Issued ID Card

2011-02-06T08:20:00.000-08:00

By Melissa Bobrow, Esq., San Diego ASA

As an activist and educator within the San Diego medical marijuana community, I hear many rumors, myths, and just plain old crazy stories. There is so much information and misinformation about medical marijuana rights and laws. So many people try to educate themselves on the topic only to become more confused, or worse arrested.

Many people know that in order to legally obtain medical marijuana within the State of California you must obtain a valid recommendation from a doctor – either a Medical Doctor (M.D.) or Doctor of Osteopathy (D.O.). What some people do not realize, is that this recommendation will ONLY provide you with a valid defense in court. What does that mean? It means you have been arrested and now you are in court with either a public defender or you had to hire an attorney. Sound fun?

The recommendation is the first vital step to protecting your rights, but that is all it is, the first step. The next and most crucial step is going to your local county Department of Health Services and applying and obtaining a valid State issued identification card. The State card is much like a driver’s license in that it is issued by the State of California through local county offices. You do not go to Sacramento to get your license, you go to your local county DMV – the same holds true for the State issued medical marijuana card. The website for all of the criteria as to how to obtain one is available below, this article is here to explain why you need it.

1. But, I Already Have A Card From My Doctor
There are many doctors that will gladly furnish you with a recommendation and a card of their own. The plastic cards issued by the doctor are NOT State issued identification cards. They are nice, some nicer than others, but they will not prevent you from getting arrested – they will provide you with a valid defense in court. With nothing more than a recommendation you leave whether or not you are arrested to the full discretion of the officer. Some officers are nice, some are mean, some are educated about medical marijuana law, and some do not distinguish between medical marijuana and illicit substances. There is no reason to leave this discretion to a police officer. Protect yourself.

All State issued cards look exactly alike, just like a California driver’s license. An officer is required by law to verify your State card, whereas he or she is not required to verify your recommendation, whether it is a card with a 24 hour hotline or not. The State identification card is easier for law enforcement to identify as a legitimate card, and mandates that if you have a reasonable amount of medicine in your possession you are allowed to go home.

2. Big Brother IS NOT WATCHING
The most frequent excuse as to why many do not obtain a State card is the feared “database”. Nobody wants their name in a database that anybody can subpoena or tap into at any time. While I can give no guarantees as to anything in life, I can realistically assure you that nobody is tapping into this database. Why? If any government agency tried to obtain what are truly medical records without the consent of the patients – especially several hundred thousand patients - a lot more than just the medical marijuana community would be upset, and more important would sue.

Special interest groups that have nothing to do with medical marijuana, such as privacy groups, would be more than happy to sue the City, State, or whichever agency attempted to obtain these records. Throw on the patients whose rights are directly affected that would also sue, and you have a fiscal and political nightmare that neither the State of California nor the Federal government can presently afford.

3. Okay, But What Does the ID Card Do?
The identification card will PREVENT arrest. Say it with me now: PREVENT arrest. You are not in court, you do not have to hire an attorney, and you do not have to worry about anything (provided the amount of medical cannabis you have on your person is within the legal limits).

The most frequent place people run into trouble is in their vehicle, where your right to privacy is substantially diminished. If you are pulled over, have legal amounts of medicine in your possession, and your valid State ID card the officer must call the number, verify your card, and if you are verified send you home.

4. How do I get one in San Diego County?
Visit the County of San Diego Medical Marijuana Identification Card Program Website:
http://www.co.san-diego.ca.us/hhsa/programs/phs/mmic/
Call to make an appointment: 619-692-5723

Remember:
• Just a recommendation - even a nice one on an official card from your doctor – it’s all up to the officer.
• Valid State issued identification card – the officer must verify you and send you on your way home.
• Be smart, be safe, be well.

[1] Recommendations are imperative and I strongly advise acquiring a recommendation that offers a 24 hour hotline for verification purposes. When the police use their discretion to call your doctor to verify only your recommendation, you want to make sure your recommendation can be verified at all times.

Advocates Keep Jackson out of Jail

2011-01-27T13:30:00.000-08:00

By: Eugene Davidovich

ASA Chief Counsel Joe Elford and defense attorney Lance Rogers successfully argued motion to keep Jackson out of jail pending appeal.

SAN DIEGO – On Thursday San Diego District Attorney (DA) Dumanis and her fierce fight against medical marijuana saw a significant setback. San Diego Superior Court Judge Howard H. Shore granted Jackson’s motion to stay out of jail pending appeal.

Jovan Jackson a medical marijuana patient, Navy Veteran, and former operator of Answerdam a medical marijuana collective in San Diego, was convicted on September 28th, 2010 after he was tried for the second time in less than a year on the same charges of marijuana possession and sale.

He was convicted in his second trial as a result of being denied the medical marijuana defense by Judge Shore, who claimed that although all were legal patients, since all 1600 members of the collective did not express that their “purpose” was to cultivate, that Jackson did not qualify for the medical marijuana collective defense.

On Wednesday, December 15th 2010 Jackson was sentenced to 180 days in jail and a fine. He was scheduled to report to jail on February 1, 2011. Also that day, Americans for Safe Access (ASA), the country’s largest medical marijuana advocacy group joined the case. Joe Elford ASA’s Chief Legal Counsel was in court officially joining, filing motions, as well as helping Lance Rogers, Jovan’s defense attorney from both trials.

On Thursday, January 27 2011 ASA Chief Counsel Joe Elford was back in San Diego in front of Superior Court Judge Howard H. Shore along with Lance Rogers arguing to keep Jovan out of Jail while ASA appeals his case.

Judge Shore heard arguments from Deputy DA Chris Linbergh who claimed that Jovan was a flight risk and should be remanded into custody. Joe Elford fired back with proof that Jackson had made every court date, that the community was behind him, as well as presented compelling case law to support keeping Jackson out on bail while his appeal was being heard.

Judge Shore agreed with the defense and explained that it would not be fair if Jackson was remanded into custody, forced to serve his time, and then later find out that he was victorious on appeal. Judge Shore further explained that this was not a typical drug case, that Jackson was not a threat, that there was no violence or weapons involved, and that this was a case where the defendant appeared to have made every attempt to follow state law.

When the DA realized that there was a chance that Jackson would not see any jail time and that Dumanis’ plan was failing, he begged the court for a bail to be set at 180 thousand dollars. Judge Shore found that to be overly excessive and reduced the bail to 50 thousand.

Judge Shore also agreed with the defense that Jackson was clearly not a flight risk and even took the time to point out that advocates for medical marijuana and other members of the community have been there for Jackson throughout the entire trial, which showed strong community ties and support.

Judge Shore moved the official date Jackson has to report to jail from February 1 to the 15, giving Jackson an extra two weeks to come up with funds necessary to stay out on bail. After the hearing advocates present in the courtroom vowed to raise the $4,500 necessary to keep Jackson out of Jail.

Within the next few months the appellate courts will decide whether to hear Jackson’s case and if the decision comes out that Jackson should have been allowed a defense during trial, his case would likely return to the superior court to be retried in front of a Jury with a medical marijuana defense as it should have been in the first place.

After this hearing the community is certain that court support works, and that the efforts of just a few can significantly impact the decisions Judges make in court and actually keep patients out of jail.

If you would like to help with the fundraising efforts to keep Jackson out of Jail contact sandiegoasa@gmail.com

San Diego City Planning Commission to Vote on Dispensary Ordinance

2011-01-18T10:45:00.000-08:00

By: Eugene Davidovich, San Diego Americans for Safe Access

Patients and Advocates concerned ordinance headed towards ban rather than reasonable regulation.

On January 20th the City of San Diego’s Planning Commission will be discussing and voting on a recommendation to the City Council to approve an ordinance limiting medical marijuana dispensaries in the City of San Diego to certain industrial and limited commercial zones.

Out of almost one hundred possible zoning categories in the city’s municipal code if the ordinance passes unchanged, the current limitations would allow dispensaries only in five specific zones within the city’s limits; IL-1-3, IS-1-1, CC-2-1, CC-2-2, and CC-2-3.

Facilities lucky enough to find friendly landlords in those five zones, would be faced with another challenge; finding friendly landlords whose properties are located at least 1,000 feet away from schools, playgrounds, libraries, child care facilities, youth facilities, churches, parks, as well as other dispensaries.

According to the proposed ordinance all dispensaries currently open in the city would be required to shut down, as the ordinance considers everyone open prior to its passage, out of compliance by default. Those who want to continue to provide safe access to patients in their current locations would have to apply for a process 4 conditional use permit (CUP). Process 4 is one of the most restrictive and expensive licensing processes the city can force an organization to go through. Under a process four, each application would have to be heard by the planning commission as well as the city council on appeal.

Under Process 4, not only would safe access be unduly restricted for patients in the city, but every dispensary application would turn into a political battle that would require city council’s vote on each application. While the political wrangling goes on in City Hall, those patients who need this medicine most would have to go without.

Even on the surface this proposal does not appear to be a compromise, nor is it a regulation addressing patients’ needs. The proposed ordinance is nothing but a ban attempting to be passed off as a regulation.

There is still a chance to turn this around. The roadmap to a reasonable compromise is already spelled out in the report presented by city staff to the planning commission. Aside from the overly restrictive ordinance, the report includes numerous alternatives and recommendations from The Medical Marijuana Task Force, the Code Monitoring Team, as well as the Community Planners Committee all of whom prior to making their recommendations heard testimony from hundreds of patients and community members on the issue.

The San Diego Medical Marijuana Task Force (MMTF) recommended a process 2 CUP for dispensaries with less than 100 members and a process 3 CUP for those with more than 100. The sensitivity buffer of 1,000 feet in the MMTF’s recommendations only applied to schools, playgrounds, libraries, child care facilities and youth facilities, not churches and parks. Also, the separation requirement from other dispensaries recommended by the MMTF was only 500 feet.

The Code Monitoring Team (CMT) also recommended a much more reasonable approach. They suggested that distances from sensitive uses be down to 300 feet, making the restrictions the same as those currently in place for off-site sales of alcohol.

The CMT also recommended that dispensaries be allowed in all commercial zones including those with residential uses, as well as industrial zones that allow retail uses such as pharmacies. With regards to the permitting process, the CMT recommended a process 3.

The Community Planners Committee (CPC) recommendations also included a less restrictive approach. Majority of members of the CPC were extremely concerned that the proposed ordinance bans access in their communities. They actually demanded that every Community Planning Group (CPG) be allowed to grant variances allowing locations in their communities if the overly restrictive ordinance ends up banning or making their neighborhoods “too sensitive” for medical marijuana.

The CPC also recommended that collectives currently open be allowed to continue operating for at least one year following the passage of the ordinance while they are coming into compliance with the new requirements.

The consensus of the San Diego Community is clear. Citizens want safe access to medical marijuana for patients in their communities. They do not want a ban nor do they want to see only a handful of facilities allowed to be open through an overly restrictive and expensive process.

The regulation adopted should allow patients to sort out the number of locations allowed to exist in the city through their patronage or lack thereof, rather than through a zoning cap or de facto ban.

San Diegans see that an ordinance so restrictive that it eradicates reasonable access in our communities would not only create many lawsuits and legal costs for the already cash strapped city, but it would also go directly against the will of California voters and the needs of the many sick and dying patients who rely on this medicine every day.

At the January 20th planning commission meeting, patients, advocates, and concerned citizens will speak out in hopes of convincing the commissioners to listen to the recommendations of the community, the MMTF, the CMT, and the CPC, to help regulate rather than ban safe access in the City of San Diego.

Further Information:
Planning commission’s Agenda for the January 20th Meeting:
http://www.sandiego.gov/planning-commission/agenda/110120.pdf

Staff Report for the January 20th meeting:
http://www.sandiego.gov/planning-commission/pcreports/2011/pdf/11011.pdf

San Diego ASA News Brief about the Planning Commission Meeting:
http://www.youtube.com/watch?v=OJID6QaJNjc

Planning Commission Meeting Information:
MMJ Ordinance is Agenda Item 10 - January 20th 9am
12th Floor of City Hall – 202 C St. San Diego CA

Local Medical Marijuana Advocacy Group Training Public Defenders

2011-01-14T12:07:00.000-08:00

San Diego Chapter of Americans for Safe Access conducts certified continuing legal education training for the San Diego County Public Defender’s Office.

SAN DIEGO - Successfully defending medical marijuana patients in court was the focus of Thursday’s certified continuing legal education (MCLE) training for the San Diego County Public Defenders.

About sixty public defenders, court-appointed attorneys, and private attorneys were on hand at the main San Diego training facility with over sixty others joining through an internet broadcast courtesy of the Public Defender’s Office.

“This was our most well attended training”, said Gary Gibson, Training Coordinator for the San Diego County Public Defender’s Office and local Law Professor.

Proposition 215, known as the Compassionate Use Act of 1996, established the legal right of patients to use, possess and grow marijuana with a doctor’s authorization in California. In January 2004, SB 420, a bill passed by the California legislature and signed by the governor, gave patients, collectives, and cooperative dispensaries additional rights and directing counties to afford better protection to patients and caregivers.

Since SB 420 in 2004 the appellate courts have issued many decisions directly affecting medical marijuana patients and caregivers in California including County of Butte v. Superior Court, a landmark appellate court ruling that protects the right of medical marijuana patients and their primary caregivers to collectively cultivate.

“No California medical marijuana patient or caregiver should ever have to go to jail or accept a plea bargain again,” said Steph Sherer, ASA executive director. “Once defense attorneys understand the changes in the law and the defenses available to them, they’ll be able to fight every prosecution to acquittal.”

The training sessions will count for continuing legal education credit (MCLE) for the participating attorneys and were provided to the Public Defenders Office at no cost. The training was taught by two trial lawyers, Bahar Ansari San Diego ASA board member and Lance Rogers, both of whom successfully defended medical marijuana patients at trial in San Diego and are experts in the field.

“This training helped arm the Public Defenders in San Diego who typically represent the most vulnerable in our community, those who cannot afford private counsel, with the knowledge and resources to successfully defend legitimate patients at trial”, said Eugene Davidovich San Diego Area Liaison for Americans for Safe Access who introduced the two instructors at today’s training. “It is our hope that programs like this one will help reduce the amount of cases where patients accept plea deals when they are in fact compliant with State law”.

Americans for Safe Access is the nation’s largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Further Information:

Watch the News Brief about the training: http://www.youtube.com/watch?v=u4tujH3mvkI
San Diego ASA: www.safeaccesssd.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

Stacy Sentenced in Federal Court; Two Years Probation for Operating Medical Marijuana Dispensary

2011-01-09T10:03:00.000-08:00

By: Eugene Davidovich

San Diego -- Today at the San Diego Federal Courthouse medical marijuana patients saw a tremendous victory in court. In front of a courtroom filled to the brim with supporters wearing green solidarity ribbons, James Stacy was just sentenced to 2 years probation for operating a medical marijuana dispensary in Vista Ca.

Mr. Stacy’s dispensary Movement in Action was raided in September of 2009 as part of San Diego DA Bonnie Dumanis’ Operation Green Rx raids on over a dozen dispensaries in San Diego.

Just two months ago Stacy was facing a mandatory minimum of 5 years in Federal Prison with the possibility of life. Shortly before his trial was supposed to begin in November of last year, the US Attorney’s office made an offer which included three years probation and no jail time, if Stacy pled guilty to one count of manufacturing marijuana (cultivation).

After careful consideration Stacy signed the deal.

Today Judge Moskowitz heard from the probation department, which recommended that Stacy be incarcerated for thirteen months as well as go to drug rehab.
Both the Judge and US Attorney disagreed with the report and stated multiple times how Mr. Stacy was in clear and unambiguous compliance with state law, and that no jail time was warranted.

Judge Moskowitz took extra time to modify the terms of Stacy’s probation to make them less restrictive and even reduced the original 3 year probation recommendation to 2 years.

The US Attorney’s office agreed and Mr. Stacy walked out of that courtroom today not in custody and to a hallway filled with his supporters and friends.

Watch this San Diego ASA News Brief for James Stacy’s reaction after his sentencing as well as for the complete story:

Sentencing for Vista pot shop owner set for Friday

2011-01-06T09:24:00.001-08:00

PROSECUTORS HAVE AGREED TO RECOMMEND PROBATION, NOT JAIL
By TERI FIGUEROA - North County Times

A Vista man who pleaded guilty last fall to federal charges related to his medical marijuana dispensary is set to be sentenced on Friday, with prosecutors agreeing to recommend probation instead of jail time, according to court documents.

Even with the recommendation of probation, the fate of James Stacy, 46, lies in the hands of U.S. District Judge Barry Ted Moskowitz during a sentencing hearing in the judge's San Diego federal courtroom.

Stacy had faced nine federal drug charges arising from a raid of his now-shuttered Vista dispensary, Movement in Action. In October, he pleaded guilty to a single charge: manufacturing marijuana.

Stacy's medical marijuana shop on South Santa Fe Avenue was one of 14 San Diego County shops raided by local and federal authorities Sept. 9, 2009. Read More...

Protest Medical Marijuana Law Enforcement Raids in San Luis Obispo County January 11

2011-01-05T17:15:00.000-08:00

Regarding the recent law enforcement raids of several area medicinal marijuana delivery services, a public protest rally, including ASA participation, will take place on TUESDAY, JANUARY 11th, starting at 7:30 am in front of the San Luis Obispo County Courthouse on Monterey Street at Santa Rosa Street (across from the Fremont Theater).

Please help get the word out to everyone you know who shares our disapproval of the heavy-handed actions of law enforcement against providers who are fully compliant with California's medical marijuana program. Many patients have also been victimized unfairly; and our SLOASA Chapter urges everyone who supports patients' rights to speak out, write letters to the media and to your local government officials here in SLO County decrying the continued expenditure of our taxpayer dollars on this war on medical marijuana.

We hope to see you at the rally! Make and bring signs! Bring a friend or relative! Please remember, however, that this rally is specifically directed at the medical marijuana issue, and it will not be addressing recreational use of marijuana.

Thanks for your support.

SD ASA Holiday Party Dec 15 Portugalia Restaurant

2010-12-09T20:54:00.000-08:00

Mark your calendars and get ready to have a great time, and make a significant difference in our community in San Diego this holiday season.

San Diego ASA has teamed up with a number of amazing organizations in town to bring you this year’s Holiday Party!

The party will be held on Wednesday December 15th 2010 form 6:30pm -9:30pm at the Portugalia Restaurant located in Ocean Beach, CA (4839 Newport Avenue San Diego, CA)

The night will be filled with Karaoke Caroling, Food, Laughter and Cheer!

WHAT: San Diego ASA Annual Holiday Party

WHEN: Wednesday, December 15, 2010 – 6:30pm-9:30pm

WHERE: Portugalia Restaurant 4839 Newport Ave SD, CA

Please bring a toy you wish you had gotten as a child for our community toy drive. This year we have teamed up with The Green Door Collective who will be bringing out the Toys for Tots Marines at 6:30pm to the restaurant to collect toys. The Green Door conducted a toy drive last year at their collective which was able to collect hundreds of toys and helped bring a positive light to our community.

$10 at the door / For more information please visit http://www.safeaccesssd.org/p/events.html

This event is proudly brought to you by: San Diego ASA, Legal Cannabis Institute, The Green Door Collective, Law Offices of Kimberly R. Simms, Association of Clinical Dispensaries, KUSH Magazine, NUG Magazine, Proteus 420, The Women of Marijuana, and The Law Offices of Melissa Bobrow, and many others!

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org
Join us on Facebook www.facebook.com/SanDiegoASA

Medical Marijuana Patient Advocates Fight for New Trial in San Diego Dispensary Case

2010-12-07T10:54:00.000-08:00

For Immediate Release: December 7th, 2010

Medical Marijuana Patient Advocates Fight for New Trial in San Diego Dispensary Case

District attorney & court use double jeopardy, deny defense to unfairly convict dispensary operator

San Diego, CA -- Medical marijuana patient advocates filed a motion for a new trial today in the case of Jovan Jackson, who was convicted on September 28th after he was tried for the second time in less than a year on the same charges of marijuana possession and sales. After District Attorney Bonnie Dumanis failed to convict Jackson the first time, she was able to block his use of a medical marijuana defense at the second trial, virtually guaranteeing his conviction. Americans for Safe Access (ASA), the country's leading medical marijuana advocacy group, argues in its motion that double jeopardy and the denial of a defense was used to unfairly convict Jackson. The motion for a new trial will be heard at Jackson's sentencing hearing, currently scheduled for December 15th at 9am before Judge Howard H. Shore.

"Embarrassed by her earlier loss and desperate for a conviction, District Attorney Dumanis manipulated the criminal justice system to unfairly try Jackson a second time," said Joe Elford, ASA Chief Counsel, and the attorney who filed Jackson's motion for a new trial. "To make matters worse, the court deprived Jackson of the defense that was used to gain an acquittal in his first trial, and a defense to which he's entitled." In December of 2009, Jackson was acquitted by a jury of marijuana possession and sales charges stemming from a 2008 arrest. By denying Jackson a medical marijuana collective defense at his second trial, the court virtually assured his conviction.

For years Jackson had operated his San Diego medical marijuana dispensary, Answerdam Alternative Care Collective, before being raided in September 2009 by a multi-agency task force dubbed "Operation Green Rx." Although more than 60 people were arrested in several raids coordinated by Dumanis in collaboration with the federal Drug Enforcement Administration (DEA), Jackson was one of only two defendants Dumanis chose to prosecute in state court. The case against the other defendant, Eugene Davidovich, resulted in a jury acquittal of similar charges earlier this year.

Much of the opposition to local distribution from Dumanis and other detractors like Los Angeles District Attorney Steve Cooley, who recently lost his bid for Attorney General, is based on an interpretation which holds that patients cannot use money to obtain their medical marijuana, or that "sales" are somehow illegal under state law. This interpretation that patients must take part in the cultivation, must "till the soil," is strenuously held by a few rogue officials despite guidelines issued in 2008 by the California Attorney General's office and legal case law to the contrary. In Jackson's case, the court held that the dispensary operator must cultivate the marijuana sold by the dispensary.

"Jackson should not have been denied a defense and should not be used as a scapegoat for the District Attorney's misguided position that medical marijuana sales are illegal," said Eugene Davidovich, who also heads the San Diego chapter of ASA. In an effort to keep medical marijuana out of Jackson's second trial, Judge Shore ordered people in the audience to remove articles of clothing that displayed an Americans for Safe Access logo, including tote bags carried into the courtroom.

Notably, the San Diego City Council has been working for more than a year on a local medical marijuana distribution law, which would regulate the same activity for which Jackson was convicted. A San Diego grand jury issued recommendations in June calling on city and county governments to implement the state's medical marijuana law. In particular, the grand jury urged development of a "program for the licensing, regulation and periodic inspection of authorized collectives and cooperatives distributing medical marijuana."

Further information:
Jackson's motion for a new trial filed by ASA: http://AmericansForSafeAccess.org/downloads/Jackson_New_Trial_Motion.pdf
San Diego grand jury recommendations on medical marijuana: http://www.sdcounty.ca.gov/grandjury/reports/2009-2010/MedicalMarijuanaReport.pdf

Judge Grants Emergency Injunction against St. Bernard’s Provisions San Marcos Medical Marijuana Collective

2010-12-04T16:45:00.000-08:00

By: Eugene Davidovich

SAN MARCOS – On Friday of this week, San Diego Superior Court Judge Robert Dahlquist granted an emergency injunction against St. Bernard’s Provisions medical marijuana collective located in the City of San Marcos in San Diego County forcing the collective to close its doors.

Despite numerous demands by patients, advocates, and concerned citizens, the City of San Marcos has refused to accept Proposition 215 as law and is engaged in a medical marijuana eradication campaign.

In 2006 the San Marcos City Council adopted an ordinance prohibiting medical marijuana dispensaries in all zones within the city’s jurisdictional limits and specifically instructed the city’s business tax office not issue permits conditional or otherwise for such use.

Advocates, patients, and concerned citizens alike have called the San Marcos Ban unconstitutional and a slap in the face of California voters who overwhelmingly passed Proposition 215 in 1996. Since 1996 support for medical marijuana across California has continued to grow with the most recent polls showing over 70% of Californian’s in support of medical use.

To date this patient eradication campaign has cost the city millions of dollars and has included criminal and civil action against legitimate patients. The latest example in the city’s spending furry is the filing of this restraining order and demand for an “Emergency Injunction” against St. Bernard’s Provisions.

Just in the last couple months the City of San Marcos has spent several hundred thousand dollars on this effort with the cases against MMSC, Inc., and now St. Bernard’s Provisions.

On Friday December 3, members of St. Bernard’s collective were in court for a hearing on the City’s emergency injunction. The courtroom was full with over a dozen supporters, patients, and members of Americans for Safe Access, who took time on a weekday afternoon to show up in support of St. Bernards and against the injunction and illegal ban.

The hearing was scheduled to begin at 2:30 but got underway an hour late. Jeffery Lake of Lake APC, a local medical marijuana law firm which specializes in assisting patients in navigating the state’s medical marijuana laws represented St. Bernard’s Provisions that day.

The hearing began with the Judge going over the city’s complaint. The city was claiming that because St. Bernard’s business license application stated the collective provided “medical provision” rather than “medical marijuana” it was violation of the city’s code. The Judge failed to recognize or even discuss the fact that the city specifically instructed its business license office to deny all applications for medical marijuana dispensaries.

Mr. Lake explained to the Judge that the collective was truthful in their application and in fact was providing medical provisions including medical cannabis to patients and that there was already a hearing set for December 9 with the city to determine if medical provisions could include medical marijuana according to the city’s definition.

Lake also argued that the city had failed to prove that this was an emergency. There had not been a single complaint about the facility, there was no detriment or harm caused to anyone from the collective’s existence, and in fact the city’s action in itself was a detriment. Lake argued the injunction would cause harm to patients, the landlord, and others in the community who directly benefit from safe and reliable access that St. Bernard’s Provisions brought to San Marcos.

The City Attorney hardly spoke at all as she could tell that Judge Dahlquist had made up his mind about the hearing long before it began.
Judge Dahlquist concluded that the collective should have applied for the license as a medical marijuana dispensary and after being denied, should have sued the city for denying it the license intern challenging the city’s ban, rather than “not being truthful in the application”.

In the end after Lake presented countless arguments, facts, and evidence clearly proving there was no justification for the emergency injunction, and that the collective was in fact truthful, Judge Dahlquist still sided with the bias and granted the city’s request forcing the collective to close.

Patients, concerned citizens, and members of the collective alike were disappointed at the decision and vowed to continue the fight for safe access and a reasonable ordinance regulating dispensaries in San Marcos rather than a ban.

San Diego Americans for Safe Access November Meeting Tuesday 7pm - 11/9

2010-11-08T10:29:00.000-08:00

Join patients, medical professionals, scientists, and concerned citizens this Tuesday, 7pm at the La Jolla Brew House for the monthly (main) San Diego ASA meeting.

Find out the latest information on our efforts to establish permanent safe access to medical cannabis for patients in San Diego City, County, and all municipalities. Get involved with like minded individuals and help make a significant difference in San Diego.

Don’t forget to register for next Saturday’s Americans for Safe Access Certified training, “Putting Patients First”. This newly designed ASA training is an essential basic course for anyone serious about working professionally with patients in the medical cannabis field. Instructors include; Amanda Reiman PhD., Don Duncan, Lauren Payne, JD. This ASA workshop made possible through the generous support of Legal Cannabis Institute. ($75.00 per person, lunch included) Register Today: www.safeaccessnow.org/patientsfirst

NOVEMBER 2010 - SAN DIEGO ASA MEETINGS

Tuesday, November 9th -- San Diego ASA Meeting (MAIN)

7:00 p.m. @ La Jolla Brew House, 7536 Fay Ave, La Jolla 92037

For more info, contact: sandiegoasa@gmail.com

Thursday, November 11th – South Bay San Diego ASA Meeting

6:00 p.m. @ 1233 Palm Ave, Imperial Beach, CA

For more info, contact: rasmwboyd@yahoo.com

Saturday, November 13th - ASA Certified Training – Putting Patients First

9:30 a.m. @ Marina Village Conference Center - 1875 Quivira Way San Diego, CA 92109

Tuesday, November 23rd -- North County / Oceanside San Diego ASA Meeting

7:00 p.m. @ The Fish Joint - 514 South Coast Hwy Oceanside, CA 92054

For more info, contact: sandiegoasa@gmail.com

San Diego Americans for Safe Access

www.SafeAccessSD.org

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org

Patient Advocates Launch Effort to Oppose Steve Cooley as California Attorney General

2010-10-31T14:31:00.000-07:00

www.NotCooley.com highlights Cooley's poor record on medical marijuana, the environment & equal rights

Oakland, CA -- The medical marijuana patient advocacy group Americans for Safe Access (ASA) stepped up its campaign this week to oppose Steve Cooley in his bid for California Attorney General. Hoping to convince Californians against voting for Cooley, ASA has launched the website www.NotCooley.com to highlight the ways in which Cooley would be bad, not only for patients and their providers but also for those who are concerned about the environment, equal rights, and criminal justice issues.

"The Attorney General's race is, without a doubt, the most important race for medical marijuana patients in California," said ASA Executive Director Steph Sherer. "Cooley already has the motivation, but we must not give him the means to broaden his attack on patients." Cooley has long fought patient advocates on the issue of medical marijuana. As Los Angeles District Attorney, Cooley condoned dozens of SWAT-style raids on local dispensaries, aggressively prosecuted patients and their providers, and tried to criminalize the "sale" of medical marijuana. Advocates fear that Cooley will try to expand his agenda to the entire state. "As Attorney General, Cooley could dismantle many of the gains made by patients over the past 14 years," said Sherer.

Notably, the effort to defeat Cooley on November 2nd has appealed not just to medical marijuana patients, but also to criminal justice, environmental, and marriage equality advocates alike. Opponents argue that Cooley's stance on a variety of issues makes him "Not Cool" for California. From his fervent support for the death penalty and Proposition 8, to his weak record on environmental justice and enforcement, Cooley has alienated much of the voter base he needs to get elected. "California's top law enforcement officer must protect the sick, the disenfranchised, and those targeted for discrimination," continued Sherer, "and, Steve Cooley fails on all counts."

The race for California Attorney General is closely contested, with Cooley's challenger, San Francisco District Attorney Kamala Harris, gaining in the polls. Unlike Cooley, Harris has shown consistent support for the state's medical marijuana laws and those fighting for marriage equality. On the issue of whether local medical marijuana distribution, or dispensaries, are legal under state law, the two candidates could not be more divergent. While Harris has recognized the need for dispensaries and has supported statewide regulations, Cooley by contrast has sided with the California Narcotic Officers Association (CNOA) approach that dispensaries must be "eradicated."

According to the Sacramento Bee, the race for California Attorney General is getting even more heated. The Virginia-based Republican State Leadership Committee (RSLC), a corporate front group funded by tobacco, insurance and gambling interests, and coordinated by Karl Rove, is spending $1 million in last-minute TV attack ads against Harris. On the other hand, President Obama has strongly supported and raised funds for Harris, who is the single African-American Democrat on the statewide ballot. Harris is also California's first African-American District Attorney and, if she wins next week, would be the state's first female Attorney General.

Further information:
Campaign to defeat Steve Cooley: http://www.NotCooley.com
NotCooley video on medical marijuana: http://www.youtube.com/watch?v=Q5ydI3ZZpzo
NotCooley video on the environment: http://www.youtube.com/watch?v=JM4QzC5alNM
NotCooley video on marriage equality: http://www.youtube.com/watch?v=sGPWDgQ7tik
NotCooley poster: http://safeaccessnow.org/downloads/not_cooley_final_proof_2.jpg

Community Planners say No De-Facto Ban - Let the communities decide!

2010-10-29T07:10:00.000-07:00

Community groups seek input on pot dispensaries
By Jen Lebron Kuhney

The location of medical marijuana dispensaries should be left up to individual communities rather than have to follow blanket rules set out by the San Diego City Council, according to the city’s community planning groups.

At their monthly meeting Tuesday, the groups, comprised of citizens from across the city, voted to make an official recommendation to the council to allow community groups to decide restrictions for medical marijuana shops in their areas.

The City Council is mulling a plan that would allow dispensaries in select industrial and commercial zones that have no residential uses. They would also have to be at least 1,000 feet from other dispensaries, parks, youth centers, religious institutions, day care centers and schools.

Americans for Safe Access San Diego chapter coordinator Eugene Davidovich said the city is placing a de facto ban on dispensaries due to the stringent nature of the restrictions.

“It doesn’t allow for facilities near patients,” Davidovich said. “Folks who need their medicine to function would have to find other ways to get their medicine and could go to the black market.”

If the current rules were approved, areas such as Ocean Beach, La Jolla and Hillcrest would be completely zoned out, despite their planning group representatives saying they are open to having strictly regulated dispensaries in their neighborhoods.

Joe LaCava, the president of the La Jolla Planning Association, said there are already about a half dozen dispensaries in his neighborhood, and they have been good neighbors.

The City Council does not have plans to bring up the issue of zoning medical marijuana shops before the new council is in place in December.

http://www.signonsandiego.com/news/2010/oct/28/community-groups-seek-input-pot-dispensiaries/

San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

NUG Travel Writer In Custody with No Bail - Write Scotty in Jail

2010-10-23T14:00:00.000-07:00

A message from Dion Markgraaff, Editor of Nug Magazine and former San Diego ASA Chapter Coordinator to San Diego Americans for Safe Access Members:

Another member of NUG Magazine has had problems with our local law enforcement. Our travel writer Brian "Scotty B." Whytsell ends up in jail with no bail.
While in the Vons parking lot in Carlsbad, law enforcement contacted Scotty and a friend of his.

The officer asked if either were on probation or parole. Scotty was, as a result of a marijuana conviction in 2009.

Despite Scotty possessing a physician’s medical cannabis recommendation, the cops searched his parked car based on his Fourth Amendment waiver, found his medicine, and arrested Scotty. The cops in Scotty’s car a half pound of different strains of cannabis and twelve clones, all of which is half the amount his recommendation allows him to posess.

Initially his bail was set at $50,000 which he posted, but when Scotty went to his court hearing the following week, the Judge bucketed him on a “probation hold” from a previous cannabis conviction and Scotty has been in custody going on 2 months now.
Well over 2/3’s of NUG writers have been arrested by local police for our medicine.

Scotty would love it if you would write him in jail while he sits through the court process.

How to email Scotty:
1. Click on the following link: http://apps.sdsheriff.net/wij/wijDetail.aspx?BookNum=10771181
2. When webpage loads, look for the “Email this inmate” link, and click on it.
3. You will be asked to validate your email address, and then you will be able to send an email to Scotty.
4. He will be delivered ALL emails sent to him, but will not be able to respond.

Remember, he has no right to privacy in these messages. Your words will be read by the Sheriff. Send Scotty your love, support, and appreciation for standing up and fighting against the unjust system.

RX FEST II - This Sunday 4:20pm - Berkeley Ferry Boat - San Diego Maritime Museum

2010-10-21T21:53:00.000-07:00

This Sunday at 4:20pm if you are anywhere near San Diego, you absolutely need to stop by James Stacy's RX FEST 2. The event will be filled with great Bands, Exhibitors, Speakers, Food, and lots of education about Cannabis!

Help raise money for James Stacy as well as awareness for the cause! Share this email with a fried and help spread the word about this event!

Stacy was raided as part of Dumanis’ fierce fight against medical marijuana providers and patients in San Diego, and has refused to take a plea bargain, instead is organizing the second medical marijuana convention in San Diego!

This is a historic event in San Diego that will help raise funds for James Stacy and his Federal Medical Marijuana fight, against continued harassment, prosecution, and intimidation of legitimate medical marijuana patients attempting to follow the law.

RX Fest 2 will feature an exciting evening of exhibitors, three bands, and a number of speakers at the world famous Berkeley Ferry Boat located at the San Diego Maritime Museum on historic Harbor Drive in San Diego.. Admission is $5 and the event is OPEN TO THE PUBLIC!

Meet with national advocacy groups, medical collectives, doctors, lawyers, insurance specialists and alternative health care professionals from all over San Diego County and around the state. Listen to great speakers like Judge Grey and Lanny Swerdlow, RN, and learn the latest in medical cannabis law, regulations, as well as our strategy for Safe Access in San Diego.

For years now the DEA, Narcotics Task Force and the San Diego District Attorney’s office have been terrorizing patients in San Diego through vindictive, bias driven prosecutions, raids, and outright harassment. You can help the victims of this reefer madness propaganda campaign, and San Diego District Attorney Bonnie Dumanis’ fierce fight against patients stand up for their rights.

By supporting this event, and helping raise money for James Stacy and are helping put a stop to the cycle of plea bargains and we can begin to hold the responsible parties in our government accountable for their actions of waste, fraud, and abuse.

James Stacy is the only defendant currently being prosecuted in Federal Court from the 9/9/9 raids. All proceeds from this Concert & Expo directly benefits Stacy’s ability to continue his fight without accepting a plea.

Come support our heroes and learn more about the medical marijuana movement!

Sponsors include: Americans for Safe Access (ASA), Drug Policy Alliance (DPA), Students for Sensible Drug Policy (SSDP), KUSH Magazine, NUG Magazine, CA NORML, and many more!!

Directions and Parking The Maritime Museum of San Diego (Berkely FerryBoat) is located on Harbor Drive near the corner of Ash Street just a few blocks West of interstate 5. From interstate 5 North or South take the "Airport" exit. Look for signs on the freeway and after exiting on to surface streets that read "Embarcadero-Maritime Museum." They will direct you to the museum. Street Address : Maritime Museum of San Diego - 1492 North Harbor Drive San Diego, CA 92101

If you are not able to make the event, please share it with a friend and help us get the word out!
If you are interested in exhibiting at the event or being a sponsor, there is still time to get a booth! Call James Stacy for more information: T: (760)758-8500 - movementinaction@gmail.com

San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

James Stacy Prosecution Continues; Federal Trial to start in November

2010-10-11T13:54:00.000-07:00

By: Eugene Davidovich

SAN DIEGO – In March of 2009, the current administration announced “they would not prosecute medical marijuana patients and providers whose actions are consistent with state medical marijuana laws.” At least that’s what the California Legislative Analyst told Californians in the voters guide for the November 2010 elections. (1)

Approximately six month after the Presidential announcement in October of 2009, the Department of Justice (DOJ) issued a memo urging all federal prosecutors and other agencies to “not focus federal resources in States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana”. (2)

A month prior to the October 2009 DOJ memo and only ten weeks after opening, James Stacy was charged in federal court following a raid on the Movement in Action dispensing collective in Vista, CA, making him the first medical marijuana provider to be tried under the new federal policy.

The dispensary was raided on 9/9/9 the same day over a dozen other medical marijuana dispensaries were raided in San Diego County as part of District Attorney (DA) Bonnie Dumanis’ fierce fight against medical marijuana patients, dubbed by her office as “Operation Green Rx”.

A few weeks prior to the raid, an undercover detective armed with a legitimate medical marijuana recommendation and a valid California ID came into the collective, presented all the appropriate paperwork, completed the membership agreements, and was allowed to join.

The detective posing as a legitimate patient was distributed a small amount of medicine and prior to leaving asked Stacy if he could contribute to the effort with labor and not just financially. According to police reports, Stacy welcomed the offer and told the undercover specifically what he could do around the facility that did not involve a financial contribution.

Stacy is the only defendant from the September raids who was charged in federal court, has refused all deals, and has taken his case to trial. The reason for his case going to federal court where he has no defense versus state where he would have been found in clear and unambiguous compliance with state law, still remains a mystery, and is a question the U.S. Attorney prosecuting Stacy has refused to answer.

In a recent article on change.org, Kris Hermes of Americans for Safe Access (ASA), the nation’s largest medical marijuana advocacy group wrote, “In many ways, James Stacy is no different than hundreds of other dispensary operators in California. In fact, most federal defendants take plea bargains and never go to trial, mainly because they know they will have no defense against their charges. Truth has been taken out of federal trials to appease government prosecutors and the DEA in their effort to undermine state medical marijuana laws.” (3)

Much like other federal cases, in Stacy’s case, U.S. District Court Judge Barry Ted Moskowitz precluded him from presenting any evidence of medical marijuana in the trial (5), including barring the defense from talking about the Presidential announcement of March 2009, the DOJ memo issued in October of 2009 as well as the fact that Movement in Action was a medical marijuana dispensary operating in full compliance with state law.

Judge Moskowitz ruled that any reasonable man or woman having read or heard the memo and announcement would NOT have interpreted them to mean that the Federal government was changing their policy with regards to medical marijuana prosecutions. It would appear that under this ruling, the California Legislative Analyst as well as the hundreds of thousands of citizens who understood the announcements to mean "they would not prosecute medical marijuana patients and providers whose actions are consistent with state medical marijuana laws", are not reasonable.

Since the ordeal began in September of 2009 Stacy’s case has garnered national attention and outrage from thousands of patients across the state who believed the administration’s announcements and thought the Federal intervention in State’s medical marijuana laws was over.

Stacy himself has become an outspoken advocate of patient’s rights and HR 3939 the “Truth in Trials Act”, which if passed by Congress would allow federal defendants to present “evidence during trial that the activities they were engaged in were performed in compliance with their state’s duly-enacted medical marijuana laws.” (6)

In response to Stacy’s activism, and refusal to accept a deal, the U.S. Attorney’s throughout the last year filed three indictments against Mr. Stacy turning the original counts into eight trumped up charges.

The latest charges include ‘distribution of a controlled substance to someone under twenty one’. The prosecution claims they found two patients in the dispensary records that were ‘underage’. One of the patients was nineteen and the other twenty years old at the time of their membership.

The other charge in the most recent indictment was one not heard of before in these types of cases, a charge for being an ‘Illegal drug user’. The prosecution claims that since Stacy admitted to being a medical marijuana patient and because there is no allowed medical use of marijuana under federal law, that he was an ‘Illegal’ drug user.

After the most recent superseding indictment, the defense filed several motions asking the court to dismiss the trumped up charges as well as to address the vindictiveness of the prosecution against Stacy.

On Wednesday of last week, Stacy was back in court, where Judge Moskowitz heard oral arguments regarding the motions filed by the defense. Kasha Castillo, Stacy’s Federal Public Defender argued that there was no clear definition in the law about what constitutes a ‘legal’ versus an ‘Illegal’ user, making this statute unconstitutionally vague.

The U.S. Attorney fired back stating that marijuana was not a medicine and had no accepted medical use, making Stacy an illegal drug user.

There were no oral arguments heard about the underage or vindictive prosecution charges as both attorneys agreed to submit those arguments in writing. Judge Moskowitz declined to rule on the motions that day and said he would issue a written decision within the week.

The next court date in Stacy’s case is set for October 20th at 10:30am in Courtroom 15, where motions in limine will be heard. The trial set to start on November 1, 2010

Aside from not taking a deal and advocating for HR 3939, Stacy has successfully organized and put on a medical marijuana convention in San Diego, with the second one dubbed Rx Fest II (7), planned for October 24 from 4:20pm – 9:30pm at the Maritime Museum on board the Berkeley Ferry Boat. That day hundreds of medical marijuana patients and concerned citizens will come together to help raise money for James Stacy as he goes through the Federal trial.

References:

http://www.voterguide.sos.ca.gov/pdf/english/19-title-summ-analysis.pdf
http://blogs.usdoj.gov/blog/archives/192
http://criminaljustice.change.org/blog/view/without_truth_in_trials_medical_marijuana_defendants_have_no_hope_of_justice
http://www.safeaccessnow.org/downloads/U.S._v_OCBC.pdf
http://americansforsafeaccess.org/downloads/Stacy_Ruling.pdf
http://www.safeaccessnow.org/section.php?id=354
Rx Fest II - For more information or to reserve an exhibitor space please call 760-758-8500 or email movementinaction@gmail.com

San Marcos City Attorney files for ‘Emergency’ Injunction on MMSC Dispensary

2010-10-05T21:39:00.000-07:00

By: Eugene Davidovich

Judge delays decision on ‘emergency’ injunction as patients pack the room for a standing room only hearing, hoping to retain safe access to their medicine.

SAN MARCOS – In 2006 the San Marcos City Council took a preemptive strike at the State’s medical marijuana laws. Against the protests of patients, city residents and advocates, City Council adopted an ordinance prohibiting medical marijuana dispensaries in all zones within the city’s jurisdictional limits and specifically instructed the city’s business tax office not issue permits conditional or otherwise for such use.

Despite the unconstitutional ban adopted by the city council, MMSC a collaboration of medical marijuana patients in San Marcos came together to open a dispensing collective in a light industrial area of the city, an ideal location, sensitive to the typical community concerns associated medical marijuana dispensaries.

The collective cultivation effort, headed by Ronnie Chang arose as a result of demand from thousands of patients in San Marcos for safe and reliable access to medical cannabis. MMSC stepped up to meet that demand and provided a safe environment where patients could obtain their medicine, discuss cultivation techniques, and associate for the purposes of collectively growing marijuana.

The city quickly went after this association of patients, first by convincing the San Diego County Narcotics Task Force (NTF) to conduct a raid on the MMSC facility on September 9, 2009; the day that over a dozen other medical marijuana dispensaries were raided throughout San Diego County as part of DA Bonnie Dumanis’ fierce fight against medical marijuana patients known as Operation Green Rx.

MMSC withstood the assault and continued to provide safe access to patients in San Marcos. The reefer madness propagandists however, did not stop there.

Recently, the San Marcos City Attorney’s office filed suit against the collective, demanding that a San Diego Superior Court Judge grant the city an ‘emergency’ injunction forcing the collective to close.

On Thursday of this week, during a hearing in the matter, Judge Earl H. Maas delayed granting the ‘emergency’ injunction against MMSC. After hearing arguments from the City Attorney as well as Lance Rogers, the plaintiff’s attorney representing the patients, Judge Maas stated, “I will review all the briefs and cases the attorneys have asked me to look at and issue a decision at the end of next week.”

During the hearing Judge Maas seemed not to be buying the City’s claim that this was an ‘emergency’ situation. He asked the City Attorney to produce evidence of the ‘emergency’ and insisted that they cite specific proof that the facility itself caused a nuisance to the community.

At several points throughout the hearing Judge Maas asked about the city’s ban and appeared to see through the City Attorney’s attempt to qualify a ban as a regulation. Fourteen years after Proposition 215, still having an outright ban, ignoring the law, science, and the will of their community was an embarrassment for the City of San Marcos.

Aside from citing only anecdotal evidence from outside of San Diego County claiming that ‘dispensaries were bad’, the City Attorney failed to provide any proof that MMSC had done anything but help bring a positive benefit to the community of San Marcos.

The City Attorney was not able to produce evidence supporting their allegations nor could they provide any legitimate reason or explanation for having an outright ban.

Unlike San Marcos’ City Attorney, the patient-members of MMSC came to court that day armed with evidence, common sense, and the law.

Rogers on behalf of MMSC presented to the court numerous letters from surrounding businesses, all supporting the collective, and urging the court to allow MMSC to remain open in their neighborhood. Rogers explained to Judge Maas that aside from being a good neighbor, MMSC has gone out of their way to come into compliance with state law and local law.

Aside from formally organizing with the state, the collective not only applied for but actually received a business tax certificate (Business License) under the nursery category for “high end plants and flowers”, from the City of San Marcos.

The City Attorney argued that first, MMSC should have applied for a Business Tax Certificate specifically as a medical marijuana dispensary rather than a nursery, and only after being denied, should have filed suit challenging the City’s ban to be unconstitutional, not the other way around.

Although the purpose and intent of the collective was clearly stated in the application for the business license, according to the City Attorney MMSC’s business license was not valid. It seems that in San Marcos marijuana does not constitute a high end plant / flower.

During the hearing, it appeared the City Attorney was having difficulty making all these arguments while keeping a straight face. It was even more difficult for patients who rely on this medicine daily to see their own city government try to cut off access.

The hearing was held in a courtroom filled to the brim with over fifty MMSC patients and supporters, all well dressed and from different walks of life. Wheelchair and walker bound patients, doctors, lawyers, and advocates all came out to show their support and packed the courtroom.

At one point during the hearing after a few emotional reactions from supporters, Judge Maas addressed the crowd explaining to them that this was the first time he had ever allowed people to sit on the floor and to stand in the isles, during a hearing in his courtroom.

“I understand this issue is important to many in our community and I assure you that both sides will get a fair hearing in my courtroom”. Judge Maas said. “I will allow the supporters to remain however you must agree to stay silent throughout the rest of the proceedings”.

Not a single emotion was further heard from the crowd following the Judge’s request.

The City Attorney kept arguing for as long as Judge Maas allowed, claiming all dispensaries were illegal under state law, echoing Dumanis’ assertion that all members must roll up their sleeves and plow the fields together in order for it to be legal. The City Attorney also asserted that they had every right to ban any use of a property within their jurisdiction.

According to that claim, it would seem that the City of San Marcos is under some sort of dictatorial rule of the City Council.

Judge Maas left many issues unresolved at the hearing, including the constitutionality of the City’s ban on dispensaries as well as MMSC’s right to operate in San Marcos. He did however promise to issue a decision towards the end of next week regarding the ‘emergency’ injunction.

Several patients following the hearing were quoted as saying, “as a result of the Judge not making his decisions immediately and delaying for a week, for the time being, MMSC may very well be the only quote unquote ‘legal’ dispensary in San Diego County.”

The community is grateful to MMSC for challenging the City of San Marco’s unconstitutional ban on safe access and hopes that the many thousands of patients in the City of San Marcos will find clarity in the law and are able to retain safe access in their community through the courts.

Further Information:

San Marcos Ordinance Banning Dispensaries (Chapter 5.54):
http://www.ci.san-marcos.ca.us/Modules/ShowDocument.aspx?documentid=243

ASA compliance letter sent to more than 140 localities:
http://AmericansForSafeAccess.org/downloads/ASA_Letter_re_Anaheim_Ruling.pdf

Appellate court ruling in Qualified Patients Association v. City of Anaheim: http://AmericansForSafeAccess.org/downloads/Anaheim_Ruling.pdf

Status of California city ordinances regulating and banning dispensaries:
http://AmericansForSafeAccess.org/regulations

Bill to Decriminalize Minor Pot Possession Offenses Signed by Governor Schwarzenegger

2010-10-01T07:59:00.001-07:00

Cal NORML Release
Bill to Decriminalize Minor Pot Possession Offenses Signed by Governor Schwarzenegger

Sacramento, Sept 30th: A bill to downgrade the possession of one ounce or less of marijuana from a misdemeanor to an infraction was signed into law by Gov. Arnold Schwarzenegger. The bill, SB 1449 by Sen. Mark Leno, will spare petty pot offenders the necessity for a court appearance and criminal arrest record while saving the state millions of dollars in court and prosecution expenses. The bill treats petty possession like a traffic ticket punishable by a simple $100 fine and no arrest record.

"Gov. Schwarzenegger deserves credit for sparing the state's taxpayers the cost of prosecuting minor pot offenders," said California NORML director Dale Gieringer, "Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources."

The new law, which takes effect on Jan 1, 2011, will have an effect even if Californians vote to legalize marijuana by passing Prop 19.

Prop 19 leaves misdemeanor possession penalties in place for public use and smoking in the presence of kids; under SB 1449, these offenses would be simple infractions.

In his signing statement, the Governor said he opposes decriminalization of recreational use of marijuana and opposes Prop 19, but "in this time of drastic budget cuts, prosecutors defense attorneys, law enforcement and the courts cannot afford to expend limited resources" prosecuting petty pot offenses.

Misdemeanor possession offenses have mounted to new highs in recent years, reaching 61,164 in 2009 (see http://www.canorml.org/news/2009arrests.html).

California NORML originally called for making petty possession an infraction when the state passed its landmark decriminalization law in 1975, but the legislature made it a minor misdemeanor punishable by a maximum $100 fine. This marks the tirst time in 35 years that penalties for non-medical use of marijuana have been reduced in California.

Text of SB 1449:
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1449_bill_20100405_amended_sen_v98.html

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JOIN CA NORML AND HELP US REFORM MARIJUANA LAWS IN CALIFORNIA.
See http://www.canorml.org/canormlmission.html

Jovan Jackson Second Trial - DAY 3 - Court Support Alert

2010-09-21T21:13:00.000-07:00

Please come out tomorrow morning at 9am on Wednesday, September 22, 2010 for Jovan Jackson’s second Medical Marijuana Trial, Day 3.

The prosecution is close to being finished presenting their case in chief, and the Jury needs to see now more than ever the community supporting Jovan in the courtroom. The trial is held in Department 15 and is open to the public at 9am.

Please come out and show your support for Jovan and against this injustice and unfair trial!

WHAT: COURT SUPPORT

WHEN: Wednesday, September 22, 2010 – 9am-4:30pm

WHERE: San Diego Superior Court, 220 W Broadway

Eugene Davidovich

T: 619-621-8446

San Diego Americans for Safe Access

www.SafeAccessSD.org

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org

Opening Statements Begin, Security Measures Upgraded at Jackson Medical Marijuana Trial

2010-09-20T13:23:00.001-07:00

By: Eugene Davidovich
SAN DIEGO - If you thought intimidation couldn’t get any worse in the San Diego State Courts, think again. This morning Department 15 as per the new demands of the San Diego District Attorney Bonnie Dumanis, was outfitted with additional security measures. While walking up to the courtroom this morning a congregation of bailiffs could be seen outside and a giant walk through metal detector erected along with a 3’x4’ sign displaying the warning “ALL PERSONS SUBJECT TO SEARCH”.

“This monstrosity is clearly over the top”, Terrie Best member of San Diego Americans for Safe Access stated this morning while outside of court. “It is nothing more than then prosecutor’s Jury Intimidation Machine”.

The proceedings began this morning with Judge Shore instructing the jurors on rules of the court. The Judge focused special attention on admonishing the Jurors to immediately report to the court all attempts made by anyone to influence or talk to them. The Judge even focused his attention on the public and stated that it was a crime to tamper with the Jury and that anyone caught attempting to do so, would be severely punished.

While this order was being read, Paul Levikow, Dumanis’ head of Public Relations who was sitting in the front row behind the prosecution, turned around in his chair, and also focused his attention on the supporters. He began to nod his head as the Judge was speaking and continued to give the supporters a long and intimidating stare, clearly trying to instill fear and discourage the public from attending the trial.

Following this clear show of force and intimidation, Chris Lindbergh began his opening statements, in which he claimed that Mr. Jackson was operating a store that would sell marijuana to anyone that came in. A claim completely false and against the evidence that shows that all 1600 members of the Answerdam collective were legitimate patients.

After the DA’s opening statements, the Jury was asked to step into the courtroom next door (a second courtroom commissioned specifically for this trial) while a 402 hearing could be held to determine if Detective Carlson, the investigating officer in the case, was qualified to testify during the trial.

After the Jurors left the courtroom, Detective Mark Andrew Carlson got on the stand, and claimed to be an expert in the medical use of cannabis. He testified that an eight hour narcotics class administered by the California Narcotic Officers Association about how marijuana was not a medicine, made him a medical expert in the field.

The Judge agreed and to the objections of the defense, Carlson was qualified as an expert and allowed to testify in front of the Jury.

The Jurors were let back into the courtroom, and Carlson took the stand as a medical expert. Among many misleading and false statements that Carlson made on the stand, Carlson claimed that the marijuana found at Answerdam was definitely not in compliance with state law and was clearly not for medical use.

At noon, the court took its lunch recess with the proceedings resuming at 1:30 in the afternoon when Carlson is expected to be back on the stand for defense cross examination.

“They will not scare the public away. We will continue to support Mr. Jackson and his fight for our rights” stated Terrie Best while leaving the courthouse for the lunch recess.

San Diego Americans for Safe Access
www.safeaccesssd.org

Get Involved, Get Active, Make a difference!

Joine ASA - www.safeaccessnow.org

Unfair Trial of Jovan Jackson

2010-09-16T17:14:00.000-07:00

WHAT: Protest against the Unfair Trial of Jovan Jackson
WHEN: 8:30 - 9:30am Friday, September 17th 2010
WHERE: 220 W Broadway, San Diego CA 92101

SAN DIEGO - Mr. Jackson is facing a second trial, less than a year after being acquitted by a jury of all medical marijuana related charges just a few months ago. In State court where medical marijuana is legal, Jackson has been denied the right to a fair trial by being denied the opportunity to present the medical marijuana defense to the jury even though Jackson is a legitimate patient.

Today the prosecutor Chris Linbergh spent the morning arguing with the Judge as to why ALL of Mr. Jackson’s supporters should be excluded from the courtroom. Linbergh requested that specifically the ASA shirts not be allowed in the courtroom or the courthouse, that Eugene Davidovich, San Diego ASA Coordinator be banned from being present inside the courtroom, as well as that the retired / disabled Navy veteran, a friend of Jovan's who has come to Jovan’s hearings in the past and wore his NAVY dress blues, not be allowed to wear the uniform.

The Judge dismissed these requests as being ridiculous and some in violation of the first amendment. Judge Shore did however allow Linbergh to keep the ASA shirts out of the courtroom.

Today following the arguments to limit Mr. Jackson’s support, Jury Selection began. It is expected that Jury Selection will be finished today, with the opening statements in the trial to start on Friday morning at 9:00am in Department 15.

Please come out tomorrow to the courthouse at 8:30am and help us send a strong message that we will not tolerate this unfair persecution of legitimate patients and are outraged at the attempt to keep the community out of the courtroom.

Dumanis’ office is not just waging a fierce fight against patients, they are also actively breaking the law and attempting to keep this case as quiet as possible. Please help spread the word about the case, the protest and this injustice.

Bring a friend and come to the protest tomorrow. Everyone who attends the protest will receive a free ASA shirt, sponsored by Marcus Boyd. Although the shirts cannot be worn in the actual courtroom, outside in the hallways, the are allowed.

Your support is critical for this trial!

San Diego Americans for Safe Access
www.SafeAccessSD.org

Get involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

SD County attempts to pass De Facto Ban on Medical Marijuana Facilities

2010-06-22T18:50:00.000-07:00

SAN DIEGO - Wednesday, June 23, 2010, at 9am the San Diego County Board of Supervisors will meet to discuss and vote on a proposed ordinance regulating medical marijuana facilities in the unincorporated areas of San Diego County.

The proposed ordinance severely limits patients’ access to medical marijuana in the unincorporated areas of San Diego County. Certain provisions in the proposed regulatory ordinance would not only seriously violate patient confidentiality in these facilities, but also would effectively ban all dispensaries in the unincorporated areas of the county.

Patients, concerned citizens, and members of San Diego Americans for Safe Access have several specific concerns and suggested changes for the proposed ordinance. The two most restrictive and alarming requirements in the ordinance are first the Zoning restrictions, which effectively eliminate all areas in San Diego where a medical marijuana facility could be located, and second, the Sheriff licensing requirement, which places law enforcement and the Narcotics Task Force at the helm of licensing and enforcing these facilities.

WHAT: San Diego County Board of Supervisors Meeting on Medical Marijuana Regulations
WHEN: 6/23/2010 – 9am
WHERE: 1600 Pacific Highway, San Diego CA 92101 Room 310

Read the Supporting Documentation for the proposed ordinance:
http://www.sdcounty.ca.gov/bos/supporting_docs/062310ag01w.pdf

Members of San Diego Americans for Safe Access (San Diego ASA) have identified the following list of specific changes that should be made to the ordinance before it is voted on. These changes would help both address the la enforcements’ concerns, while keeping patients interest in mind:

1. Zoning Restrictions - Current proposed ordinance, effectively ZONES OUT collective facilities and creates a de facto ban in the unincorporated areas of San Diego County. There are zero locations where collective facilities could locate according to proposed zoning requirements. The County’s Staff report and maps do not take into account the developed vs undeveloped land and are not a correct representation of reality. Our analysis and mapping show clearly that there are no locations where a collective facility could locate under this ordinance. At the least, the following categories should be added as allowed categories where a collective facility could locate.

• Medical Center Commercial-C46
• General Commercial-C36
• Office Professional- C30
• Heavy Commercial- C37
• Convenience Commercial-C32
• Freeway Commercial- C44
• Service Commercial-C38
• Rural Commercial- C40

2. Sheriff Licensing - The Sheriff’s Department should not be involved at this level in setting up a business/medical facility. The proposed ordinance puts the Sheriff in the role of enforcing civil infractions which makes opening and operating a collective facility untenable. The issue of regulating collective facilities should be in the hands of the Health Department-not law enforcement as collectives should NOT be treated as criminal enterprises, rather health facilities that provide a very much needed service to many thousands of patients in San Diego County.

3. Ban on Cannabis Infused Food and Drink - A vast majority of patients in the county rely on ingesting their medicine using cannabis induced foods rather than smoking it. Banning cannabis induced food and drink unfairly restricts the type of medication a patient can have access to, and should be removed from the proposed ordinance. Many doctors specifically recommend that patients ingest their medicine through food or tincture rather than smoking.

4. Using MMIC to track patient information rather than Sheriff - San Diego County runs the Medical Marijuana Identification Card program. That program specifically and explicitly protects patients’ rights, by using only an identification number and only allowing police to check the validity of the card, not the patient’s address and marijuana usage information. If a patient has a County card, then they should be exempt from the record keeping procedures. Having a county issued ID card should be all the information that the police or any other regulatory agency needs to verify the validity of patients or track patients. The names and addresses of patients should be protected

5. Protecting Patient’s Confidentiality and Privacy - The requirement, that all patient and transaction records be maintained on site, and made available to the Sheriff at any time for inspection, places the patients at risk of federal prosecution and should be removed Americans for Safe Access contends that using MMIC as a way to verify validity of a patient is enough and should be done through the Health Department—not through law enforcement

6. Sheriff’s Inspection of Cultivation - Requiring that the Sheriff inspect and approve all locations where members are cultivating marijuana for the collective places members and patients at direct risk of felony prosecution by cross sworn officers enforcing federal law. All previous raids have been conducted by the County’s Narcotics Task Force, composed of cross-sworn officers. Patients who are cultivating for themselves and have excess that they contribute to the collective should not be subject to the Sheriff’s inspection. ASA recommends that collectives’ cultivation sites be inspected by the Health / Code Enforcement departments

7. Patient Information on Medicine Containers - The requirement to have the patients’ and cultivators’ names on the medicine container predisposes them to prosecution by federal officers and robbery by criminals who may happen upon an empty bottle. This also sets up legitimate patients for federal prosecution and essentially documents the federal felony for the police. This requirement seriously violates patient confidentiality and privacy.

8. Uniform Guard - The requirement to have a licensed uniform guard present at all times creates an undue financial burden on collective facilities with a small membership base. The requirement should be changed to have non-uniformed guards, or the option to train employees, through a County program, to look for suspicious or criminal behavior. If a requirement then it should only apply to larger collectives that can afford it.

9. Felony Convictions - The requirement for any patients with felony convictions not to operate or be part of a collective should be modified to not include convictions related to possession and personal use of marijuana. Many people have been negatively affected by the war on drugs. Violent felonies should be included but simple possession of marijuana should not be a factor in allowing an individual to participate in a collective as a director.

10. Who else in the community wants to see this proposed ordinance changed?

San Diego Community at Large
San Diego County Grand Jury
Americans for Safe Access
Drug Policy Alliance
American Civil Liberties Union
Members of San Diego Medical Marijuana Task Force
Thousands of Patients and Concerned Citizens

Prior to the Wednesday meeting, write, call, and email your supervisors to urge them to modify the ordinance to reflect more patient oriented, sensible regulations.

SAN DIEGO COUNTY BOARD OF SUPERVISOR EMAIL CONTACTS:

Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov

SAMPLE LETTER TO SEND TO YOUR SUPERVISOR:
------------------------

Dear Supervisor (Name of Supervisor)

The proposed San Diego County Medical Marijuana ordinance, severely limits patients’ access to medical marijuana in the unincorporated areas of San Diego County. Certain provisions in the proposed regulatory ordinance would not only seriously violate patient confidentiality but would effectively ban all dispensaries in the unincorporated areas of the county. The San Diego Chapter of Americans for Safe Access has recommended specific changes to be made to the ordinance prior to its enactment. Please consider making these suggested changes to the ordinance, as it would help keep both your concerns and patients interests in mind.

1. Zoning Restrictions - Current proposed ordinance, effectively ZONES OUT collective facilities and creates a de facto ban in the unincorporated areas of San Diego County. There are zero locations where collective facilities could locate according to proposed zoning requirements. The County’s Staff report and maps do not take into account the developed vs undeveloped land and are not a correct representation of reality. Our analysis and mapping show clearly that there are no locations where a collective facility could locate under this ordinance. At the least, the following categories should be added as allowed categories where a collective facility could locate.

• Medical Center Commercial-C46

• General Commercial-C36

• Office Professional- C30

• Heavy Commercial- C37

• Convenience Commercial-C32

• Freeway Commercial- C44

• Service Commercial-C38

• Rural Commercial- C40

2. Sheriff Licensing - The Sheriff’s Department should not be involved at this level in setting up a business/medical facility. The proposed ordinance puts the Sheriff in the role of enforcing civil infractions which makes opening and operating a collective facility untenable. The issue of regulating collective facilities should be in the hands of the Health Department-not law enforcement as collectives should NOT be treated as criminal enterprises, rather health facilities that provide a very much needed service to many thousands of patients in San Diego County.

3. Ban on Cannabis Infused Food and Drink - A vast majority of patients in the county rely on ingesting their medicine using cannabis induced foods rather than smoking it. Banning cannabis induced food and drink unfairly restricts the type of medication a patient can have access to, and should be removed from the proposed ordinance. Many doctors specifically recommend that patients ingest their medicine through food or tincture rather than smoking.

4. Using MMIC to track patient information rather than Sheriff - San Diego County runs the Medical Marijuana Identification Card program. That program specifically and explicitly protects patients’ rights, by using only an identification number and only allowing police to check the validity of the card, not the patient’s address and marijuana usage information. If a patient has a County card, then they should be exempt from the record keeping procedures. Having a county issued ID card should be all the information that the police or any other regulatory agency needs to verify the validity of patients or track patients. The names and addresses of patients should be protected

5. Protecting Patient’s Confidentiality and Privacy - The requirement, that all patient and transaction records be maintained on site, and made available to the Sheriff at any time for inspection, places the patients at risk of federal prosecution and should be removed Americans for Safe Access contends that using MMIC as a way to verify validity of a patient is enough and should be done through the Health Department—not through law enforcement

6. Sheriff’s Inspection of Cultivation - Requiring that the Sheriff inspect and approve all locations where members are cultivating marijuana for the collective places members and patients at direct risk of felony prosecution by cross sworn officers enforcing federal law. All previous raids have been conducted by the County’s Narcotics Task Force, composed of cross-sworn officers. Patients who are cultivating for themselves and have excess that they contribute to the collective should not be subject to the Sheriff’s inspection. ASA recommends that collectives’ cultivation sites be inspected by the Health / Code Enforcement departments

7. Patient Information on Medicine Containers - The requirement to have the patients’ and cultivators’ names on the medicine container predisposes them to prosecution by federal officers and robbery by criminals who may happen upon an empty bottle. This also sets up legitimate patients for federal prosecution and essentially documents the federal felony for the police. This requirement seriously violates patient confidentiality and privacy.

8. Uniform Guard - The requirement to have a licensed uniform guard present at all times creates an undue financial burden on collective facilities with a small membership base. The requirement should be changed to have non-uniformed guards, or the option to train employees, through a County program, to look for suspicious or criminal behavior. If a requirement then it should only apply to larger collectives that can afford it.

9. Felony Convictions - The requirement for any patients with felony convictions not to operate or be part of a collective should be modified to not include convictions related to possession and personal use of marijuana. Many people have been negatively affected by the war on drugs. Violent felonies should be included but simple possession of marijuana should not be a factor in allowing an individual to participate in a collective as a director.

10. Who else in the community wants to see this proposed ordinance changed?

San Diego Community at Large

San Diego County Grand Jury

Americans for Safe Access

Drug Policy Alliance

American Civil Liberties Union

Members of San Diego Medical Marijuana Task Force

Thousands of Patients and Concerned Citizens

Please consider making the above described changes to the proposed ordinance as they take into account patients rights, as well as the community’s welfare. Many thousands of patients in the County are counting on your leadership and a NO vote on Wednesday’s proposed de-facto ban on safe access for patients.

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Come out and let the supervisors know that we appreciate their work on this issue however, hope they reconsider the severely restrictive regulations and adopt an ordinance that takes patients into consideration, rather than focus on eliminating safe access in our community.

San Diego Americans for Safe Access - www.SafeAccessSD.org
Get Involved, get active, make a difference! - Join ASA - www.safeaccessnow.org

COURT SUPPORT TODAY FOR JAMES STACY

2010-06-14T06:42:00.000-07:00

Join Steph Sherer, Executive Director and Don Duncan the California Director of Americans for Safe Access in Federal Court today to support James Stacy in his federal Medical Marijuana Trial.

What: Federal hearing on whether dispensary operator James Stacy can use medical marijuana and state law as a defense at trial
When: MONDAY, June 14, 2010 at 2:00pm
Where: Courtroom 15, U.S. District Court, 940 Front Street, San Diego, CA

James Stacy will be in court today for a final hearing to determine what type of defense he will be allowed to present in Federal Court. Stacy’s dispensary was raided on September 9, 2009, by a multi-agency narcotics task force, and will be the first such case to go to trial after the Justice Department issued its enforcement policy in October 2009, a month after the raid. Stacy's trial date will be scheduled Monday June 14th during a hearing at which Stacy will argue he's entitled to admit evidence of state law compliance, something routinely denied federal defendants.

Stacy's dispensary, Movement in Action, was raided along with more than a dozen other San Diego County dispensaries as part of local-federal enforcement actions called, "Operation Green Rx," which resulted in more than 30 arrests. Only Stacy, and one other medical marijuana dispensary operator Joseph Nunes, were charged federally as a result of the raids. Nunes has since pleaded guilty and was recently sentenced to a year in prison.

Because of the government's continued efforts to prosecute medical marijuana patients despite a new Justice department enforcement policy, advocates are urging Members of Congress to pass HR 3939, the Truth in Trials Act, which would allow defendants to use a medical or state law defense in federal court. The Truth in Trials Act currently has more than 30 Congressional cosponsors.

Further Information:
U.S. Attorney General Eric Holder's recent statements before Congress: http://www.youtube.com/watch?v=MMCHmU-nFAM
Truth in Trials Act: http://www.safeaccessnow.org/downloads/TruthinTrials.pdf

Join ASA – www.safeaccessnow.org
Visit San Diego Chapter of ASA – www.safeaccesssd.org

TWO PATIENTS NEED YOUR SUPPOR - WEDNESDAY - June 9, 2010

2010-06-08T12:39:00.000-07:00

COURT SUPPORT AT 8:30am (Heather Larney) & 10:30am (James Stacy) in FEDERAL COURT

CA NORML - www.canorml.org - Press Release – HEATHER LARNEY

San Diego patient federally charged with possession- needs court support on Wednesday - CA NORML Release - 6-8-10 - U.S. Court House -940 Front Street-San Diego, CA 92101

Wednesday June 9th at 8:30am - Heather is a card holding medical marijuana patient. She is perfectly comfortable talking about her medical conditions. Heather has Fibromyalgia, 2 herniated discs in her neck with pinched nerves at C4/C5 and C5/C6. A few of the medications she takes for pain make her extremely nauseous. Since this incident in April she has lost over 13lbs due to the inability to keep food down. She is 5Åå2Åç and used to weigh 110lbs, I dropped down to 92 lbs at the lowest since April 22nd when this took place.

Heather lives on Camp Pendleton, on April 22nd there was a knock at her door, it was 4 or 5 military police. After speaking with them for a few minutes thru the screen door, they asked if they could come inside, she told them that they could not, so they asked if she would come outside and talk to them. As soon as Heather walked outside they had a female corporal put her in hand cuffs and entered her home. In the master bathroom at the farthest corner of the house they saw one of heathers pipes sitting on table. One officer came out asked for permission to search, he already had probable cause because of the pipe being out in the open. At the time she had 125 mg of Demerol and 15mg of Valium in her system. He asked heather to sign a consent to search. She did, Heather didn't have anything to hide. "I didn't know I was doing anything wrong, I am a civilian, a California resident, a registered voter and have a medical card. Besides the fact that they trashed the entire house during their "search" after I told them where my medication was located, they also refused to allow me inside to urinate, and made me urinate on my back patio while hand cuffed".

She has been charged with possession of marijuana and because she has 2 daughters she was charged with child endangerment. Heather is to appear in court on Wednesday June 9th at 8:30am. The location is: U.S. Court House - 940 Front Street - San Diego, CA 92101 - Case : Heather Larney
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JOIN CA NORML AND HELP US REFORM MARIJUANA LAWS IN CALIFORNIA.
See http://www.canorml.org/canormlmission.html - Dale Gieringer - dale@canorml.org
California NORML, NEW ADDRESS: 2261 Market St. #278A, San Francisco CA 94114 -(415) 563- 5858 - www.canorml.org

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ASA - Americans for Safe Access - Press Release – JAMES STACY

San Diego Medical Marijuana Provider First to be Tried Under New DOJ Policy
San Diego, CA -- A North San Diego County medical marijuana provider, James Stacy, whose Vista dispensary was raided on September 9, 2009, by a multi-agency narcotics task force, will be the first such case to go to trial after the Justice Department issued its enforcement policy in October 2009, a month after the raid. Stacy's trial date will be scheduled Wednesday June 9th during a hearing at which Stacy will argue he's entitled to admit evidence of state law compliance, something routinely denied federal defendants. Stacy's dispensary, Movement in Action, was raided along with more than a dozen other San Diego County dispensaries as part of local-federal enforcement actions called, "Operation Green Rx," which resulted in more than 30 arrests. Only Stacy, and one other medical marijuana dispensary operator Joseph Nunes, were charged federally as a result of the raids. Nunes has since pleaded guilty and was recently sentenced to a year in prison.

What: Federal hearing on whether dispensary operator James Stacy can use medical marijuana and state law as a defense at trial
When: Wednesday, June 9, 2010 at 10:30am
Where: Courtroom 15, U.S. District Court, 940 Front Street, San Diego, CA

"With a new enforcement policy on medical marijuana, the federal government should not be trying this case at all," said Joe Elford, Chief Counsel with Americans for Safe Access, the country's largest medical marijuana advocacy organization. "At the very least, Mr. Stacy's case should be tried in state court where he's guaranteed a defense against his charges." Because of a U.S. Supreme Court ruling on medical marijuana, defendants are prevented from entering evidence of medical use or state law compliance in federal court.

U.S. Attorney General Eric Holder testified before Congress last week and reaffirmed that the Obama Administration was not interested in using the Justice Department's "limited resources" to prosecute people who are in compliance with their state's medical marijuana laws. Stacy argues that he was in full compliance with state law, nevertheless he was federally charged with cultivation of marijuana, conspiracy to cultivate and sell marijuana, and possession of a firearm, which could result in more than 20 years in prison. The federal government has so far failed to show any evidence of state law violations and has blocked repeated attempts by Stacy's lawyer Kasha Kastillo to try the case in state court.

Another San Diego dispensary operator, Jovan Jackson, was arrested as a result of the raids in September and prosecuted by San Diego District Attorney Bonnie Dumanis in state court. Jackson was acquitted by a jury after a November 2009 trial on similar charges. More recently, the San Diego Board of Supervisors has taken note of the county's failure to gain convictions and has decided to regulate medical marijuana distribution in the unincorporated areas of the county. The City of San Diego City Council is similarly debating a dispensary ordinance. "The move to regulate local medical marijuana distribution is certainly a positive step for San Diego," continued Elford. "However, it begs the question of why Mr. Stacy is still being prosecuted in federal court."

Because of the government's continued efforts to prosecute medical marijuana patients despite a new Justice department enforcement policy, advocates are urging Members of Congress to pass HR 3939, the Truth in Trials Act, which would allow defendants to use a medical or state law defense in federal court. The Truth in Trials Act currently has more than 30 Congressional cosponsors.

Further Information:
U.S. Attorney General Eric Holder's recent statements before Congress: http://www.youtube.com/watch?v=MMCHmU-nFAM
Truth in Trials Act: http://www.safeaccessnow.org/downloads/TruthinTrials.pdf

Join ASA – www.safeaccessnow.org
Visit San Diego Chapter of ASA – www.safeaccesssd.org

Grand Jury Medical Marijuana Report - 2010 - San Diego

2010-06-07T11:52:00.000-07:00

After months of investigation and inquiry, the San Diego Grand Jury has finally issues their report on the Medical Marijuana Issue in San Diego. The Grand Jury has made a number of recommendations to the San Diego District Attorney, The Sheriff, and the County Board of Supervisors.

The Grand Jury’s recommendations:

The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego District Attorney:

• 10-107: In consultation with the San Diego County Sheriff’s Department and officials of the Police Departments of the Cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City, Oceanside and San Diego, publish a position paper which contains guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County.
• 10-108: In cooperation with the San Diego County Sheriff’s Department, establish a Medical Marijuana Advisory Council as a forum through which the operators of legitimate medical marijuana collectives and cooperatives, as well as patients and members of the public, could engage in dialogue with representatives of County law enforcement agencies on a regular basis.

The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego Sheriff:

• 10-109: In cooperation with the County of San Diego District Attorney and in consultation with officials of the nine municipal police departments in the County, publish a position paper which contains guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County.
• 10-110: Adopt clear guidelines for law enforcement personnel so that the rights of legitimate medical marijuana patients will be respected.
• 10-111: In cooperation with the County of San Diego District Attorney, establish a Medical Marijuana Advisory Council as a forum through which the operators of legitimate medical marijuana collectives and cooperatives, as well as patients and members of the public, could engage in dialogue with representatives of County law enforcement agencies on a regular basis.

The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego Board of Supervisors:

• 10-112: Adopt a cost neutral County program for the licensing, regulation and periodic inspection of authorized collectives and cooperatives distributing medical marijuana in the unincorporated areas of San Diego County, and establish a limit on the number of such facilities.
• 10-113: Adopt regulations which would allow for the closure of all unlicensed “dispensaries” in the unincorporated areas.

The 2009/2010 San Diego County Grand Jury recommends that the Mayor of the City of San Diego and the City Council of the City of San Diego:

• 10-114: Enact an ordinance creating an immediate moratorium on the opening of additional medical marijuana dispensaries in the City of San Diego, pending the adoption by the Council of guidelines regulating such establishments, as recommended by the Medical Marijuana Task Force with appropriate public input.
• 10-115: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring of medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-116: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”
• 10-117: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-118: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”
• 10-119: Upon the enactment of such an ordinance, rescind the current ban on the opening of medical marijuana collectives and cooperatives.

The 2009/2010 San Diego County Grand Jury recommends that the City Councils of Chula Vista, Imperial Beach, National City, Oceanside and Santee:

• 10-120: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring of medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-121: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”
• 10-122: Upon the enactment of such an ordinance, rescind the current moratorium on the opening of medical marijuana collectives and cooperatives.

The 2009/2010 San Diego County Grand Jury recommends that the City Councils of Carlsbad, Coronado, Del Mar, Encinitas, La Mesa, Lemon Grove, Poway and Solana Beach:

• 10-123: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring of medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-124: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”

San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

'Prince of Pot' pleads guilty; agrees to 5-year prison term

2010-05-24T15:19:00.000-07:00

'Prince of Pot' pleads guilty; agrees to 5-year prison term
Monday, May 24, 2010 By LEVI PULKKINEN, SEATTLEPI.COM STAFF

Marijuana seed dealer Marc Emery -- Canada's purported "Prince of Pot" and a former candidate for mayor of Vancouver -- has pleaded guilty to drug charges that all but guarantee him a five-year stay in prison.

Emery, 52, and two others stood accused of selling millions of marijuana seeds to customers around the world.

He pleaded guilty Monday to one count of conspiracy to manufacture marijuana as part of a plea agreement that would see him serve the mandatory minimum sentence for the crime.

He will be sentenced Aug. 27 and remains in federal custody.

His indictment was heralded by one top Drug Enforcement Administration official as "a significant blow not only to the marijuana trafficking trade … but also to the marijuana legalization movement," prompting Emery's supporters to describe him as a political prisoner.

Indicted in 2005, Emery fought extradition in the courts while trying to pressure Canadian authorities to block his transfer to the United States. He arrived Thursday in U.S. District Court at Seattle in preparation for Monday's plea hearing.

A plea deal struck between Emery and prosecutors would see him imprisoned for five years; two of his former co-defendants have previously pleaded guilty and received probation.

Shortly before his extradition, Emery's wife, Jodie Emery, accused Canadian authorities of aiding the American government in an attempt to "silence the most vocal opponent of the drug war."

Announcing the charges against Emery five years ago, then-DEA head Karen Tandy nearly admitted the same.

In a bellicose statement, Tandy called the move against Emery "a significant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also to the marijuana legalization movement."

Emery, an outspoken proponent of marijuana law reform and former publisher of Cannabis Culture magazine, stood accused of operating a mail-order seed business. Federal authorities assert Emery claimed to make $3 million in the year before his arrest selling the seeds.

"Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization groups active in the United States and Canada," Tandy continued in the 2005 statement. "Drug legalization lobbyists now have one less pot of money to rely on."

As Emery made his first appearance in an American court Thursday, a small group of supporters protested his incarceration outside the Stewart Street federal courthouse.

Among those gathered was Seattle resident Vivian McPeak, a Hempfest founder and outspoken advocated for marijuana law reform who called Emery "a political prisoner of the United States' drug war."

"It's an embarrassment to our home town," said McPeak, who was joined Thursday by Sunil Aggarwal, a soon-to-be graduate of the University of Washington's medical school who recently spearheaded a successful effort to get the American Medical Association to change its position on medical marijuana

McPeak noted Emery's indictment has done nothing to chill the mail order marijuana seed industry. Anyone seeking seeds can still get them from a variety of sellers online.

As Emery's supporters in his native Canada have done, McPeak faulted the Canadian government for cooperating with the DEA during the investigation and for handing Emery over to U.S. prosecutors.

"To me, this is like America extraditing someone to a country where they'd be executed for drugs," McPeak said.

Emery remained in federal custody Monday. It is expected that Emery will petition to be transferred to a Canadian prison after he arrives at a federal Bureau of Prisons facility.
Levi Pulkkinen can be reached at 206-448-8348 or levipulkkinen@seattlepi.com. Follow Levi on Twitter at twitter.com/levipulk.

Presenting Medical MJ Truth in a San Diego - James Stacy Federal Court

2010-05-15T12:43:00.000-07:00

By: James Stacy, Terrie Best, Eugene Davidovich

SAN DIEGO – Medical marijuana patient, collective director, James Dean Stacy, on May 19th, 2010 at 10:30am will be appearing in San Diego Federal Court. His collective, Movement In Action (www.movementinaction.org) was raided on September 9, 2010, in District Attorney (DA) Bonnie Dumanis’ raids on medical marijuana collectives and Mr. Stacy was arrested, charged in Federal Court, and is now facing a Federal Jury Trial and the possibility of life in prison.

Since the latest round of Operation Green Rx raids began in August of 2008, San Diego DA Dumanis, has lost both cases that went to trial in State Court. Realizing that she stands no chance in state court it seems that she has redirected her efforts and taken a new approach.

Dumanis has enlisted the efforts of US Attorney Karen P. Hewitt, and has filed charges on legitimate patients and collectives in Federal court, going against the standing orders from President Obama not to target legitimate medical marijuana collectives in states where they are legal.

On Wednesday May 19, 2010, history will be made in San Diego, in Courtroom 15, at the Federal Courthouse at 940 Front St. in downtown San Diego, where U.S. Federal Judge Moskowitz will decide if medical marijuana patient James Dean Stacy will be allowed to tell the Truth in his trial.

Mr. Stacy is arguing entrapment by estoppel based on statements made by President Obama during his presidential campaign and then his first year in office, as well as the U. S. Attorney General Holders statements, both of which in summary say that the Federal government would stop prosecutions, investigations, and arrests of legal medical marijuana collective members and patients.

Ignoring this order, and the will of the California voters, Dumanis and Hewitt in partnership with the local Narcotics Task Force arrested 31 collective members in a swat style raid last September, and rumors have it, are planning more ways to harass collectives and patients.

Mr. Stacy, one of those charged federally, refused to be bullied by the prosecutor into a plea deal, and is fighting the charges. His case has the potential to set precedent throughout the state with his defense. Mr. Stacy is asking to simply tell the whole truth to the jury in during his trial.

The Federal government currently does not allow defendants to tell the jury that they are a legitimate medical marijuana patient in compliance with California State law. The mention of this fact is vigorously fought by the prosecutor.

On May 19th we will find out if the jury will be allowed to hear the Whole Truth.

Come out and support Mr. Stacy as he stands up for our rights against the misguided policies of the Federal Government and our bias driven local DA and US Attorney.

San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

ASA Meeting Tonight at 6pm - Pt. Loma Library

2010-05-11T14:15:00.001-07:00

Today at 6pm we are holding the monthly San Diego ASA meeting at the Pt. Loma Library (3701 Voltaire Street San Diego, CA 92107)

This is a time in San Diego when you should be most involved and on top of what is happening in the county and the city with regulations and laws.

Alex Kreit the chair of the San Diego Medical Marijuana Task Force and Professor at Thomas Jefferson School of Law, will be there tonight to talk about what the city of San Diego is doing with regards to regulations of medical marijuana dispensaries. We also have a very special guest, Gretchen Bergman of A New Path who will be there to talk about the new campaign she has launched “Moms Unite to end the War on Drugs”.

You will also hear about the latest news across the nation and the state with regards to medical marijuana!

I look forward to seeing everyone there.

Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

On Level Four Permitting in San Diego

2010-05-06T06:50:00.000-07:00

By: Larry Sweet, San Diego MMTF / San Diego ASA

As the author of the two-tier permitting recommendation from the Medical Marijuana Task Force (MMTF), I have often been asked “why don’t you support level four permitting for dispensaries?” It is a reasonable question and one that deserves a considered opinion. I hope the following helps clarify this question and helps people get behind reasonable permitting.

The first thing to understand is that a level four permit is the same permit that is required for an airport for example or botanical gardens for another. It is necessary for the complex nature of these enterprises and allows for extensive conditional use, public review and exhaustive inspection. One would expect that level of permitting for control of pollution. Dispensaries are not that complicated.

The City IBA reported to the MMTF that the initial, non-refundable fee for a level four permit was $8,000. In addition to that; all agree that the costs of inspection and permitting should be recovered from the applicant. According to the documentation from other Counties reviewed by the MMTF these permits can cost applicants $35,000 to $50,000 in fees for the permitting process alone.

A hidden cost to the start up cost is the investment beyond the permitting fees themselves. Any business that applies for a fee will have to demonstrate they have a location which means a lease agreement entailing deposits and a financial commitment for typically more than a year. In addition there are the costs associated with remodeling, furniture, security equipment, medicine and myriad other necessities. These costs mount up extremely fast considering you can easily spend $30,000 on the lease alone.

A conservative estimate based on the above show that if your collective wishes to open a dispensary they will need somewhere north of $100,000 for start-up capitol.

There are two extremely important points relative to that number:
1. This effectively closes every legitimate collective in town, except a couple of very large operations.
2. The City is asking only people with that much money to provide medicine for the patients who need access.

I believe that San Diegans, due to their proximity to the border, must be extremely careful who they invite to this dance. Unfortunately, we have people that are that well organized with those resources engaged in a blood bath south of the border.

I am not certain that the City Council itself fully understands the implications of passing a level four permit. Do they really want to have their name and office associated with every dispensary that exists in San Diego from this point forward? Do they really have the time, energy and political capitol to revisit this issue every time someone wants to provide safe access in San Diego? I prefer the permitting process to be codified and clear, not subject to the political aspirations of the current or any other City Council.

I do not intend to make the case for the two-tier approach again; I believe that the protection it affords smaller collectives is self evident. My concern is that the City Council is about to throw the baby out with the bath water if they support level four permitting. The current strength found in the responsible and respectable collectives in town will be decimated and patients will be forced into WeedMart corrals for access to their medicine. It is my hope that the level heads on the City Council are aware of these issues and will provide, somehow, for the continuing existence of the current collectives, regardless of their size or financial resources.

San Diego Medical Marijuana Task Force Website

Imperial Beach Medical Marijuana Ordinance Update

2010-05-05T16:35:00.000-07:00

By: Marcus Boyd, San Diego ASA

The Imperial Beach City Council heard the 2nd Status Report on Interim Ordinance No. 2009-1091 at the IB city council meeting on Wednesday evening April 21st, 2010. Ordinance No. 2009-1091 is/was the anxiously awaited medical marijuana zoning ordinance for the City of Imperial Beach requested by local citizens concerned about the lack of safe access in South San Diego, National City, Chula Vista, Nester, San Ysidro, Bonita... well you know the issue... it's all of San Diego County! (video links of the meeting are below)

Similar to all other San Diego County municipalities, the Imperial Beach MMJ ordinance process has been plagued with material inconsistencies provided to and presented by the city staff to the city council in an obvious attempt to confuse the local governing body into a "deer in the headlights" position. Nevertheless, diligent activism and legislative efforts in Imperial Beach appeared to have real promise in yielding the first ordinance offering safe and legal access to medical marijuana in San Diego County.

However, despite a letter sent to the officials of the City of Imperial Beach requesting the Imperial Beach city council to; "set the example in San Diego County in moving earnestly toward an ordinance that would aim to provide the seriously ill with safe and legal access to marijuana for therapeutic use as intended by the Compassionate Use Act (Cal. Health & Safety Code § 11362.5) and Medical Marijuana Program Act (Cal. Health & Safety. Code § 11362.7 etseq.; People v. Urziceanu (2005) 132 Cal.App.4th 747, 785.)", the all but one of the council members have changed their minds and are now allowing the city to move forward with stonewalling the ordinance for another year in August.

The Imperial Beach city council meeting video has been divided into three parts and can be viewed here;

1 of 3

2 of 3

3 of 3

If you would like to be CC'ed on the recent letters that were sent to the Imperial Beach city council please respond to this email and we would be happy to forward them to you. They're really juicy!

San Diego Chapter of Americans for Safe Access
www.SafeAccessSD.org

Bonnie’s Raids and Persecutions on Medical Marijuana in San Diego Continue

2010-05-05T08:54:00.000-07:00

By: Dan Murphy, San Diego ASA

Many in the community thought that since losing twice at a Jury trial, San Diego District Attorney Bonnie Dumanis’ office would reconsider further prosecuting and arresting legitimate medical marijuana patients. Unfortunately this is far from the case.

Laura Reindel of Encinitas is being charged in state court for cultivation and possession of Cannabis, despite her status as a medical marijuana patient. Although raided almost two months ago, Laura has lived with the dread of not knowing if she will be charged until just a couple days ago when she received the letter on District Attorney Bonnie Dumanis' letterhead, charging her with two counts.

Laura was raided by the multijurisdictional narcotics task force headed by the DA's office to eradicate medical marijuana from San Diego. She was detained and questioned for many hours as well as having all her medical cannabis and related property seized.

While Laura was alone and confused, being questioned by detectives, several local activists were trying diligently to find her, to voice our discontent. She did not know this at the time but her spirits lightened to see so much Facebook activity after her ordeal was over. People trying to find her to help however they can. She has since become more active in the community by providing court support for several San Diegans persecuted for medical cannabis.

Laura is a spiritual person and is thankful for the support she has received from the community. She looks for the good in people and situations and is currently seeking the silver lining of her current situation. Laura and a co-defendant are scheduled to be arraigned on the 10th of May in San Diego superior Court Department 12. This is another citizen that needs our help. 1:30 to 3:30 please come out and show your support.

This is one of North County's own, so I want to start hearing chatter of carpools to get as many of her neighbors in the court room as necessary.

Laura is now seeking the guidance of council and will be represented in court on the 10th.

A valuable asset that Laura has is her son, who is a documentary film producer and she plans to document her entire process through court.

San Diego elected officials continue to persecute the sick and the kind hearted. Unwilling to respect or observer state laws they target care providers following state laws and guidelines and deprive the patients of their medicine. This is cruel and unusual.

Laura admits that she has considerable anxiety over the outcome of the case even though she was in compliance with state law. She was startled by the police announcing their presence that fateful morning. The police separated Tim and Laura and questioned them both before their eventual release. There were many clones there as there was a cloning class the day previous. There were multiple recommendations on site to justify the number of plants, complying with current guidelines and precedent.

COURT SUPPORT – MAY 10, 2010 – 1:30pm – 3:30pm San Diego Superior Court Department 12, 220 W Broadway, San Diego CA 92101

San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

San Diego Man Getting His Weed Back From The Cops

2010-05-01T19:15:00.000-07:00

By Steve Elliot, Toke of the Town

A judge Friday morning ordered the San Diego Police Department to return all property seized from medical marijuana patient and provider Eugene Davidovich, including the dried marijuana and concentrated cannabis seized more than a year ago, in February 2009.

"Although I don't agree with this, I have no choice but to return the property of Mr. Davidovich," said Judge David Szumowski.

"After receiving a refusal from the District Attorney's office to comply with our letter of demand for the return of all my property, today we were forced to spend more of our resources as well as the taxpayers' resources on frivolous litigation caused by San Diego District Attorney Bonnie Dumanis's bias and hate towards medical marijuana," Davidovich said.

"Will Ms. Dumanis ever stop going after medical marijuana patients and begin respecting state law?" Davidovich asked.

Davidovich, the former defendant in a San Diego medical marijuana trial, said the office of the District Attorney was wrongfully holding his belongings, despite his acquittal by a jury.

Eugene became a spokesman for local medical marijuana patients when his home was raided and four charges brought against him. According to Davidovich, the reason he had to go back to court to get his belongings is likely political.

Davidovich was one of 37 people charged with criminal offenses during Operation Endless Summer in 2008. He was unanimously founded not guilty by a jury on March 25.

Attorney Michael McCabe had already contacted Deputy District Attorney Theresa Pham at least five times to obtain Davidovich's belongings, to no avail. McCabe was eventually forced to send a letter (PDF) to Pham on April 7 with the formal request.

"Since Mr. Davidovich was acquitted of all charges by the jury's verdict on March 25, 2010, your office has no legitimate reason to continue to maintain possession of these items," McCabe wrote in his letter. "Thus, under the express power conferred upon the Court by Penal Code 15365, these items must be returned to Mr. Davidovich."

The letter said that the D.A. is required, under California law, to return "34.1 grams of marijuana contained within 11 separate plastic bags, as well as 14.59 grams of concentrated cannabis (hashish) contained within three plastic bags."

According to Davidovich, the D.A. will also be required to return his backpack, passport, scale and papers, and other non-drug items.

Davidovich said that when he initially called D.A. Dumanis's office to request the return of his property, a staff person accused him of being a "stoner."

The D.A.'s office denies this accusation.

La Jolla Comedy Store - Comedy Show TONIGHT!

2010-04-20T10:56:00.000-07:00

TODAY on 4/20 COME SEE the Medical Marijuana ExtravaGANJA –at the La Jolla Comedy Store Doors Open 8:30pm – Show starts at 9pm!

La Jolla Comedy Store
916 Pearl St. La Jolla, CA 92037

Howard Dover, The Comedy Store, San Diego Americans for Safe Access and NUG Magazine presents a night of comedy!

This is a 21+ Event.
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The show starts at 9 pm and doors open at 8:30. Get there early as you definitely want to be part of this Medical Marijuana Comedy EXTRAVAGANJA brought to you by San Diego ASA, NUG Magazine, and Howard Dover.

La Jolla Comedy Store is located at 916 Pearl St., 92037. - (858) 454-9176.
The show will feature the Star Comedian Howard Dover as well as others!
Check out Howard Dover's site at http://www.howarddover.com

THE LINE UP:
from "Weeds" Comedian lil G www.myspace.com/comedianlilg

From the tonight show and the jimmy kimmel show Jason Gillearn www.irishcomic.com

Tony Hinchcliffe (nbc's hit show "Heroes", and opens for Sam Tripoli around the world.)
Jayson Thibaux, Dan Murphy and much more!!

Tickets are only $10, cash only at the door or for more info contact Eugene at (619) 446-9786.
Our thanks to San Diego ASA and NUG Magazine for their support.

Proceeds benefit San Diego ASA.
Doors open at 8:30 pm. See you there!

San Diego Americans for Safe Accesswww.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

James Stacy Federal San Diego Medical MarijuanaTrial Update

2010-04-15T19:26:00.000-07:00

James Stacy, a legitimate medical cannabis patient and founding member of Movement in Action Collective which was raided on 9/9/9 by Bonnie Dumanis and her Cross Jurisdictional Narcotics Task Force (NTF) is facing Federal charges and the possibility of life in prison for simply following state law.

Last year an undercover detective came in to the collective pretending to be a legitimate patient. The detective presented a current and authentic medical marijuana letter of recommendation as well as a CA drivers license. After completing all the required membership agreements and going through the member screening process, he joined the collective and purchased a small amount of medicine.

According to the police reports, while in the collective, the detective asked whether he could contribute to the effort in other ways besides financially reimbursing the collective for the medicine. James explained to him that he could work at the collective, help out, and contribute in other ways.

In a recent San Diego City Beat Article, Dave Maas wrote that “Stacy says he did the due diligence: He researched the prosecutorial policies articulated by Holder, hired a lawyer to walk him through the process and corresponded with the California Secretary of State’s (SOS) office on how to file for “public benefit” status, the technical term for a California nonprofit. The SOS even provided him with a copy of the state Attorney General’s guidelines for running a collective. Unlike many of the other collectives where the San Diego Regional Narcotics Task Force ran stings, Stacy opted for a low-profile model because, he says, “I didn’t want people who didn’t need to know to have it in their face.”

Less than 2 months later on 9/9/9, the San Diego NTF, raided James’ collective, arrested him, and charged him with sales, cultivation, and manufacturing of cannabis, during the raid, at the collective the NTF detectives found a registered firearm and have charged James with possession of the firearm in connection with running an “illegal operation”.

The collective was operating in full compliance with state law, and the US Attorney office has suggested that they agree with that fact. Kasha Kastillo the federal public defender representing James in this case, has filed numerous motions attempting to get the case dismissed or at the least sent to state court, with no prevail.

Although James suffers from daily chronic pain, he has complied with all requirements of his federal indictment including not using medical cannabis, which has taken a negative toll on his life. In a recent hearing James’ attorney asked the court to allow James to medicate. San Diego ASA was at the hearing to hear the prosecution's demand that as a result of this request James be drug tested weekly.

The Judge explained to both sides that he could not give authorization for James to medicate as this was Federal Court and marijuana was still considered an illegal substance but at the same time refused to implement the drug testing requirements.

James next hearing is April 21, 2010 at 3:00pm in Courtroom 15. Come out to the San Diego Federal Courthouse at 940 Front St. San Diego CA, 92101 to support James Stacy in court.

This hearing is critical to the case as it is when the Judge will decide whether to allow James to use his medical marijuana defense at trial.

James Stacy’s trial is currently scheduled to begin on April 26, 2010 in San Diego Federal Court, 940 Front St San Diego CA 92101. Today James told San Diego ASA that his attorney tells him the trial might be postponed till August. We will continue to keep a close eye on James’ case and update the community if the dates change.

How you can help James Stacy Today:

1. Help HR 3939 Pass! This is new Federal Legislation known as the “Truth in Trials” act, which would allow Federal defendants to present the medical marijuana defense in federal court. 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 as Mr. Stacy is being prosecuted in San Diego. 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 US 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 by completing and submitting the following online form CLICK HERE TO URGE CONGRESS TO PASS HR 3939

2. Send James an email of support letting him know that the community is behind him 100% in this difficult time, that we will be there in court to support him throughout the trial, that his fight is our fight and that we admire, appreciate, and support James standing up for our rights against this injustice! James can be reached at movementinaction@gmail.com

3. Donate to James, to help him and his family get through this nightmare. Visit his website and click on the DONATE link! http://movementinaction.org/donte/

To find out more about James’ case please visit www.movementinaction.org

Eugene Davidovich
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

San Diego ASA Meeting Update

2010-04-14T10:08:00.001-07:00

By: Eugene Davidovich, 4/14/2010

SAN DIEGO – On April 13th the San Diego Chapter of Americans for Safe Access held their monthly meeting at the Pt. Loma Public Library. The location was great! A state of the art conference room that fits over 120 people, with comfy modern chairs, and perfect lighting. The problem was getting into the actual room on time.

Although the meeting was supposed to start at 6:00pm, when we got to the location, we were told that another group was still using the room and might be running a little late. When we inquired further, we found out it was the Citizens Review Board, a police oversight committee that was meeting in the room.

Closer to 6pm, as there was already a small crowd gathered in the Library lobby outside the Community Room where out meeting was to be held, a gentleman dressed in civilian clothes, wearing a badge and a gun came out of the room and explained that they were running late and were in the middle of discussing a very important case. He and another lady from the group profusely apologized for the delay they were causing us. At 6:30 we were finally able to get into the room.

With the help of pretty much everyone who came, we rearranged all the chairs and desks in the room in a matter of minutes to accommodate our meeting and kicked the meeting off!

We began with a brief discussion of the National ASA News Letter. After the newsletter discussion we cut the cake, provided courtesy of Rich and Carol in celebration of the recent victory in my case (People v Davidovich).

We went on to discuss AB 2650 and the bill’s defeat at the California Assembly Committee on Public Health. This was a bill that would have effectively banned medical marijuana dispensaries in California requiring buffer zones between collective and a laundry list of “sensitive uses” such as churches, schools, youth center, etc. The bill did not pass the committee in part thanks to the lobbying efforts of Don Duncan from Americans for Safe Access.

Following the newsletter discussion and AB 2650, Lance Rogers, Attorney at Law, and council for Jovan Jackson, a medical marijuana patient recently acquitted of all charges by a jury of 12 peers, spoke about recent Code Compliance visits to collectives and patients’ homes. He mentioned there has been reports of both collective facilities as well as personal homes of patients, being targeted for Code Compliance visits and inspections. Mr. Rogers suggested that without a subpoena, court order, or search warrant, these inspectors did not have to be allowed in and urged that any such visits be handled very carefully and preferably in the presence of an attorney. Mr. Rogers can be reached at 619-232-2311

The next speaker was Stephen Whitburn, an active member of the San Diego (City) Medical Marijuana Task Force and former candidate for San Diego City Council. Mr. Whitburn provided an update on the work the task force has done in the last few months as well as the recommendations they provided to the San Diego City Council. All the Task Force meeting notes, agedas, and recommendations are available on the Task Force’s website: http://www.sandiego.gov/medicalmarijuana/meetings/

Mr. Whitburn also shared with us the recent start of his campaign for San Diego County Board of Supervisors, District 4. He explained his views on the issues that need to be addressed in San Diego County and that the County should be governed with transparency, debate, and the involvement of the community, all of which are currently lacking or missing with the Board of Supervisors.

Mr. Whitburn’s positions and campaign details can be found at his website: http://www.stephenwhitburn.com/

Following Mr. Whitburn, we heard from Dan Murphy, a patient, advocate, and Americans for Safe Access member who came up and shared his views on the movement and urged people to stand up, get involved, and be counted.

The proposed San Diego County Ordinance and the community’s response was the next topic of discussion. We went over in detail the points which are illegal and unnecessary in the ordinance that were taken from the ASA, ACLU, and DPA reactions to the proposed ordinance:

• Police Department / Sheriff should not regulate collectives.
• Unreasonable buffer zones are not necessary.
• Patient Privacy Must Be protected.
• Ban on cannabis infused foods (edibles)
• Narrows and changes definition of qualified patient

Finally, we heard from Attorney at Law Bahar Ansari, who discussed the Jury instruction used in my case (People v. Davidovich) as well as a few highlights from the trial. Ms. Ansari can be contacted at: 619-787-0604

Here are some events coming up in the next couple week:

• 4/16 – North County ASA Meeting
         - 950 E. Vista Way Ste. A2 - Vista, Ca 92084
• 4/19 - DAY OF ACTION
          - 9:30am Joseph Nunes Sentencing – Federal Courthouse 940 Front St.
          - 12-2pm – Protest against DEA Raids – Federal Courthouse 940 Front St.
• 4/20 - ExtravaGanja MMJ Comedy Show
          - La Jolla Comedy Store – 916 Pearl St 92037
          - $10 tickets, 21+, 2 drink min.
• 4/26 – James Stacy Federal Medical Marijuana Trial
          - 9:00am 940 Front St.

Thank you to everyone for coming to the meeting and for being patient. Next Month San Diego ASA meeting will be held on May 11, location to be announced soon!

San Diego Americans for Safe Accesswww.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

San Diego ASA Meeting TONIGHT - 4/13 - 6pm Pt. Loma Library

2010-04-13T12:28:00.000-07:00

Our monthly meeting will be held TODAY from 6:00PM-7:30pm - 4/13/2010 at the Pt. Loma Public Library located on 3701 Voltaire Street San Diego, CA 92107

WHAT: Monthly San Diego ASA Meeting
WHEN: April 13, 2010 – 6pm – 7:30pm
WHERE: Pt. Loma Public Library - 3701 Voltaire Street San Diego, CA 92107

What to expect:

Latest National News on Medical Marijuana
San Diego County Ordinance Update
San Diego City Ordinance / Medical Marijuana Task Force Update
Attorney Lance Rogers discusses “Code Compliance Visits”
Attorney Bahar Ansari Discusses People V. Davidovich Trial
Opportunity to get involved!
Special Guests

See you there!

Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org

Oppose AB 2650 – Protect patients’ access statewide!

2010-04-11T09:18:00.000-07:00

Oppose AB 2650 – Protect patients’ access statewide

April 10th, 2010, Posted by Don Duncan

On Tuesday (April 13, 2010) , the California Assembly Committee on Public Health will discuss AB 2650, bill that would require that medical cannabis collectives, cooperatives, and growers be located at least 1,000 feet away from a laundry list of “sensitive uses” everywhere in the state. The bill was introduced unexpectedly this week by Assembly Member Joan Buchanan (D-Alamo). AB 2650 is sponsored by the Peace Officers Research Association of California (PORCA), a law enforcement lobby organization that opposes medical cannabis, and mirrors a controversial ordinance recently adopted in the City of Los Angeles.

ASA opposes AB 2650, and we are calling on our members in California to tell their Assembly representatives on the committee to vote no. Find out if your Assembly representative is on the Public Health Committee, and tell him or her to oppose AB 2650!

AB 2650 requires legal collectives and cooperatives to be located more than 1,000 feet from schools, parks, libraries, places of worship, child care facilities, youth centers, drug treatment centers, and other collectives or cooperatives. This is unnecessary to protect public welfare, and will make finding a location for a legal collective or cooperative unduly burdensome in most jurisdictions. It also serves to usurp the authority of city and county government to make ordinary land use decisions based on the local circumstances.

ASA is the nation’s largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. We work in partnership with state, local and national legislators to overcome barriers and create policies that improve access to cannabis for patients and researchers. Crime statistics and the accounts of local officials surveyed by ASA indicate that crime is actually reduced by the presence of a collective; and complaints from citizens and surrounding businesses are either negligible or are significantly reduced with the implementation of local regulations.

In Oakland, where collectives have been licensed since 2004, City Administrator Barbara Killey, notes that “The areas around the dispensaries may be some of the safest areas of Oakland now because of the level of security, surveillance, etc…since the ordinance passed.” In the City of Los Angeles, Police Chief Charlie Beck told reporters and the City Council that the claim that patients’ associations attract crime “doesn’t really bear out.” In fact, the overall crime rate in Los Angeles dropped during the proliferation of collectives and cooperatives in that city. Given that effective local regulations address public safety concerns, there is no public safety rationale for a statewide policy keeping collectives and cooperatives away from sensitive uses.

This is not just an issue of public safety. Most of California’s legal medical cannabis patients rely on dispensing collectives or cooperatives to obtain the doctor-recommended medicine they need to treat the symptoms of HIV/AIDS, cancer, Multiple Sclerosis, chronic pain, and other serious illnesses. These patients’ associations are legal under California law, and California Attorney General Jerry Brown published guidelines in August 2008 that state “a properly organized and operated collective of cooperative that dispenses medical marijuana through a storefront may be lawful under California law,” provided the facility substantially complies with the guidelines. It is already hard enough to find a location for a legally organized and operated medical cannabis association. AB 2650 will make this task even more difficult – thus diminishing safe and legal access to medicine in communities statewide.

A restriction like that imposed by AB 2650 may be motivated by a misunderstanding about the state law concerning patients’ associations or by ambivalence about medical cannabis use in general. ASA calls on members of the Public Safety Committee to look past the stigma that sometimes underlies the debate about medical cannabis regulations, and to vote no on AB 2650 – a bill that is unnecessary for public welfare, interferes in local regulation, and is harmful to legal medical cannabis patients.

Find out if your Assembly representative is on the Public Safety Committee and what you can do to help.

Davidovich: My Medical Marijuana Case Continues Post-Trial

2010-04-09T16:08:00.000-07:00

Davidovich: My Medical Marijuana Case Continues Post-Trial
SDNN - 4/9/2010

In a resounding defeat of San Diego District Attorney Bonnie Dumanis, a jury of 12 on March 25 found me not guilty on all counts, after less than four hours of deliberation. The jurors unanimously determined that I acted lawfully and in accordance with state law when it came to all the charges against me; sales, possession, transportation and possession of concentrated cannabis.

They also had a thing or two to say about the D.A.’s investigation and prosecution in this case.

After the verdict was read, two jurors met me outside the courtroom and said, “Eugene, we all believed in you, you are a good man.” Days after the trial, I received an e-mail from another juror in my case, a part of which reads, “This was the most ridiculous thing that I have ever seen! Shame on the SDPD! The reason that we decided in your favor was because the prosecutor just didn’t prove her case (she was so annoying), and the police work on your case was nothing but shoddy. I just want to let you know that I am so sorry that you had to go through this nightmare.”

Read more: http://www.sdnn.com/sandiego/2010-04-09/blog/a-more-perfect-union/davidovich-my-medical-marijuana-case-continues-post-trial#ixzz0ke50VHi1

Tiffani Kjeldergaard’s “RETURN OF PROPERTY MOTION”

2010-04-09T06:08:00.000-07:00

By: Tiffani Kjeldergaard

Medical Marijuana patient and “Pot Farmer” (as the San Diego sheriffs office stated in their press release June 20, 2009), Potrero resident Tiffani Kjeldergaard went to court, April 2, 2010 to request her medical marijuana medicine be returned from San Diego’s District Attorney.

Kjeldergaard was arrested on June 20, 2009 for growing and using her medical marijuana while on probation. During a probation check at her residence, Kjeldergaard was awakened from her Saturday afternoon nap by 7 sheriff officers and 2 probation officers entering the bedroom. She was instantly handcuffed and the home was searched. Officers saw Kjeldergaard’s smoking utensils and some marijuana and a small garden of 7 plants under 2 inches tall. Several clone cuttings were also present but law enforcement does not consider them plants unless they have a root ball.

Kjeldergaard has had her physician Dr. Sterner’s and his verbal and written recommendations dating back to 2005. She has been a patient of his since then and her disease would never decrease in the painful stages, it is a progressive disease resulting in physical disabilities.

Kjeldergaard was taken to Las Colinas women’s facility in Santee where she remained on a “No Bail Hold” which means her duration was unknown. After several court appearances, a lockdown of Swine Flu that cancelled court dates 30 days, represented by a public defender named Michael Berberich, Kjeldergaard was coerced to plead guilty by her attorney.

San Diego East County court has a strange way of doing things, you are to plead guilty first and they will tell you your consequence after. No knowledge of your fate is given prior to your plea. That seems wrong and illegal.

Mr. Berberich convinced Kjeldergaard to comply. She pled guilty. She was then disclosed that the San Diego probation department was recommending 3 years in a state correctional facility…that meant prison!

Kjeldergaard suffers from several injuries that are horse related, she has an auto immune disease called Rheumatoid arthritis and she has a shoulder replacement that troubles her daily. Kjeldergaard is also on Methotrexate (a chemotherapy drug for the disease) and suffers digestion and appetite issues.

Kjeldergaard suffered in the jail for 132 days. She was not given her Marinol, vicodin and trazadone as prescribed by her physician Dr. Peter Hein of Kaiser- Bostonia, nor was she given her Methotrexate or Plaquenil as prescribed by her physician Dr. Motomedi of Kaiser- Baker Hill. Her health deteriorated in the cold and damp cells and she had pain every minute of every day.

After several weeks of court dates and continuances Kjeldergaard had been spending her time in the law library at the jail. She discovered enough legal support of innocence to provide her attorney Michael Berberich, at that time she requested to withdraw her plea of guilty and requested that the judge be able to review her new findings, and possibly release her dropping all charges. Berberich refused.

Kjeldergaard fired Mr. Michael Berberich and retained James Pasto Esq. He presented the information to the judge yet, the judge ordered Kjeldergaard’s release date is October 29, 2009 as a sentence.

Upon release Kjeldergaard went to all her doctors for continued pain she started having in the jail. Excruciating body aches like she is bruised all over and she loses the use of her arms for periods of time because the pain to lift them is excruciating. Kjeldergaard’s physician Dr. Motomedi is a rheumatologist for Kaiser and she diagnosed Kjeldergaard with Fibromyalgia which is a terribly painful chronic problem that will never go away. Kjeldergaard requested a motion to the San Diego Superior Court for a probation modification that would allow her the use and possession of medical marijuana, pursuant to the People v Tilehkooh case. Kjeldergaard was granted the right to have medical marijuana with the condition that San Diego probation department finds the recommendation valid.

Upon meeting with probation immediately after court, Kjeldergaard was told by her probation officer Jo Lane that the recommendation was not considered valid. Lane explained that if Kjeldergaard has any prescription medication without a prescription, it is illegal. Lane stated that the recommendation was only considered valid if Kjeldergaard had a county MMJ card. Although the card is a voluntary program, Kjeldergaard was forced to have to retain one in order to be able to use her healthiest pain medicine.

Kjeldergaard was suffering and continuously getting sick from only having opiates as a pain relief. She does not like the effects that the opiates have on her thoughts and concentration, her concern that the drugs are causing damage to her kidneys, stomach and liver or enlarging her heart are all valid. Her worries about an increasing need for more and more pills to help her pain and how it would become too much on her low immune system and she’d become very ill and die. Medical Marijuana did for her what all the vicodin could do and without the damage to organs in her body or risks to her life.

Kjeldergaard received her county card and brought it to San Diego probation department and was instructed by Jo Lane the she was now allowed to have her medical marijuana possession and medicate once again. Yet she was legal and within her rights on the day of her arrest. Kjeldergaard requested her bongs, pipes, and marijuana be returned at which point the probation department scheduled a day and handed over her bongs and pipes. Probation said the marijuana was not available to hand over and I would need a court order to get it back from the DEA.

Kjeldergaard has enjoyed her victory of getting her bongs and pipes back. She is still terrified to own or grow any medical marijuana for fear of another arrest. Kjeldergaard stated, “People tell me, Tiff you should grow a big garden and smoke all you want you are legal now you got your card!” I tell them, “Hell I was legal the day they took me away for 4 months! I don’t fricken believe them”

Kjeldergaard’s home and ranch have been raided 3 times since her release and she has not been taken into custody. Kjeldergaard believes, “It is a violation of our 8th Amendment Bill of Rights that myself and other patients are being subjected to “cruel and unusual punishment” in that we are forced to suffer without our medical marijuana. Forced to take opiates, use alcohol, maybe other drugs, that in a not so far off future will kill us or destroy our lives.”

On April 2, 2010, Kjeldergaard return of property motion was granted for all items with the exception of the marijuana. Kjeldergaard received her grow equip, books, medical recommendation, and other Proposition 215 and SB420 papers and guidelines all of which were seized. No plants or dried product was returned. Kjeldergaard’s attorney Mike Dealy is filing a writ, to appeal the return of cannabis plants and dried cannabis.

On another note, Judge Deddeh did not feel comfortable determining if it was a violation of Kjeldergaard’s civil rights when probation added the "Not to use marijuana with or without a recommendation". The Judge supported that it was not lawful just in the fact he would not rule that it was legal.

Kjeldergaard’s attorney was pleased and felt there is enough on the record to be reviewed.

Visit http://www.flyingpaintranch.com/FREE_2_FARM_420_Medical_Marijuana.htm for more information about Tiffany’s case!

Take Action Today! Send San Diego County a Letter RE Proposed MMJ Ordinance

2010-04-04T10:09:00.000-07:00

TODAY, we need everyone to email the below letter to all of the following email addresses:

joseph.farace@sdcounty.ca.gov
dplu@sdcounty.ca.gov
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov

Although the official Public Input deadline has passed, we still have time to let the Supervisors and those responsible for developing medical marijuana regulations in the county know that the community wants to see a legal, constitutional ordinance, that keeps patients interest at forefront, not local law enforcement.

Write your own letter, use the letter below as a template, or ask a friend to help you write one, but don’t just idly sit by while the County of San Diego attempts to subvert the will of the people. The City of San Diego is on the right track to sensible regulations as they have created a Task Force that has patients and members of the community on it, all of whom have weighed and came up with recommendations for the San Diego City Council.

Why has the County of San Diego refused to adopt their own task force or to follow the recommendations of the San Diego City task force? I believe the answer is, they want to quickly adopt an ordinance which will influence all the other small cities in the county to follow suit which intern may weigh heavily on the Ordinance the City of San Diego is developing. The official excuse is they are trying to hurry in time for the moratorium currently enacted in the unincorporated areas of the county to expire.

We need to stay involved and on top of both the San Diego County regulation development process, as well as the development of such ordinances in every city within the county. Take 10 minutes today to send the below letter to the supervisors. If you have already sent them a letter, send them a follow up to see what they are doing to change the proposed ordinance.

Thanks,

Eugene Davidovich
www.safeaccesssd.org
_______________________________________

April 5, 2010

Eric Gibson
Director, Department of Planning and Land Use
County Administration Center
1600 Pacific Highway, Room 335
San Diego, CA 92101
dplu@sdcounty.ca.gov

RE: MEDICAL MARIJUANA COLLECTIVES COUNTY CODE AND ZONING ORDINANCE (POD 09-007), REQUEST TO EXTEND PUBLIC COMMENT PERIOD TO APRIL 30, 2010

To Mr. Gibson:

As a resident of San Diego County, I am writing to request an extension of the 30-day public comment period regarding the Department of Planning and Land Use’s Medical Marijuana Collectives County Code and Zoning Ordinance (POD 09-007) until April 30, 2010.

Although the plan may have technically been available to the public on March 3, 2010 – the date of the memo – medical marijuana patients and advocates only became aware of it upon being contacted by a North County Times reporter Monday, March 29, 2010.

It is hard to imagine that this very limited level of exposure to the public would satisfy the Department that it had allowed for 30 days of public comment.

Moreover, the Department’s draft ordinance clearly suffers from a lack of input. The excessively strict nature of the ordinance suggests that the county failed to consult with any patients or caregivers at all. Patients would most certainly have pointed out the following concerns:

The ordinance is a de facto ban. A rule that would restrict dispensaries from existing within 1,000 feet from a laundry list of so-called “sensitive uses,” including any residence, makes this ordinance a de facto ban. This would relegate facilities to remote, outlying areas, making it difficult for patients to access their medicine, especially those with mobility issues.

The ordinance puts the wrong agency in charge. The licensing authority should not be the Sheriff's Department, but the County Department of Health or other more appropriate agency.

The ordinance fails to protect patient privacy. Draft provisions would allow the Sheriff’s Department unfettered access (without subpoena) to private patient records, financial transaction records, and records indicating the source of supply of medical marijuana. Such provisions place both patients and providers at risk of unnecessary local and, more significantly, federal interference.

The ordinance unnecessarily restricts patient choice. Many patients have trouble smoking marijuana or simply prefer not to smoke it. The restriction against edible forms of marijuana is unnecessary. It directly conflicts with patient needs without any demonstrable benefit to the community.

The ordinance discriminates against people with a prior conviction. A past felony conviction does not prevent illness, nor should it be a barrier to medical care – or be used to restrict a person’s lawful, collective participation with other medical marijuana patients. This is not least because many patients have a past conviction for activity that has been deemed lawful since 1996 under the Compassionate Use Act.

Only clear regulations developed with the input of all concerned parties can balance the needs of the whole community – to both ensure safe access to medical marijuana and address public order concerns.

In conclusion, I strongly urge the Department of Planning and Land Use to extend the public comment period on the Medical Marijuana Collectives County Code and Zoning Ordinance (POD 09-007) until April 30, 2010.

Respectfully,

[YOUR NAME
AND ADDRESS]

Cc: Supervisors, San Diego County Board
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov
Jonathan Farace
joseph.farace@sdcounty.ca.gov

Americans for Safe Access reaction to SD County Proposed Ordinance

2010-03-29T13:06:00.000-07:00

By: Kris Hermes (ASA), Eugene Davidovich (SD ASA)

San Diego County Board of Supervisors issued a proposed ordinance that they would like to see adopted in the County of San Diego. The ordinance is supposed to provide guidelines, regulations, and zoning for medical marijuana dispensing collectives and cooperatives.

This proposed ordinance instead of helping regulate medical marijuana in the county, would work to restrict and eliminate safe reliable access for patients most in need of the medicine their physicians have recommended they use.

Americans for Safe Access has several specific concerns with the proposed ordinance:

1. Most of the recent ordinances adopted in California employ departments of health or other non-law enforcement agencies to administer their local medical marijuana dispensary laws. This is not the case with this ordinance. The licensing authority should not be the Sheriff's Department, and should be replaced by the County Department of Health or other more appropriate agency.

2. One of the main reasons for authorizing departments of health to administer such programs is that it's important to have patient needs respected and to have local laws implemented and enforced with patients needs at the heart of such laws. A perfect example of this is the provisions that allow the sheriff unfettered access (without subpoena) to: private patient records, financial transaction records, and records indicating the source of supply of medical marijuana. Such provisions place both patients and providers at risk of unnecessary local and, more importantly, federal interference. If the feds can subpoena this information (or if it's willingly delivered by local law enforcement), there is risk of arrest and prosecution. Given the track record of the sheriff and other law enforcement agencies in San Diego regarding enforcement of state law, there is every reason to believe that this authority and access to private information will be abused.

3. Another provision in this ordinance would ban edible medical marijuana. Why would the county prohibit the ingestion of medical marijuana edible products for those patients that have trouble smoking it or simply choose to eat their medicine? This is an unnecessary restriction that would otherwise provide patients with alternative methods of ingestion. Edibles are currently permitted and provided to patients at hundreds of dispensaries across the state.

4. Another provision that is unnecessarily problematic is the prohibition on anyone operating a dispensary who has been convicted of a felony. While some localities include provisions prohibiting violent felons from operating a dispensary, there is no need to exclude all persons with felony convictions, especially since many patients have criminal records based on activity that is now lawful, but was deemed illegal prior to the passage of the Compassionate Use Act.

5. Finally and most importantly, is the provision restricting dispensaries from operating within 1,000 feet from a laundry list of so-called "sensitive uses," such as schools, churches, parks, etc. While this seems to be a trend among localities that have adopted dispensary ordinances, it is a very onerous requirement that would relegate facilities to remote, outlying areas, making it difficult for patients to access their medicine, especially those with mobility issues. The restriction on locating within 1,000 feet of a residence is perhaps the most onerous provision of the ordinance, making it a de facto ban. The only other ordinance in the state that restrict the proximity to residences is that of the City of Los Angeles, and it remains to be seen whether ANY dispensaries will be able to relocate in accordance with that ordinance, leading many to call it a de facto ban.

Americans for Safe Access (ASA) as well as the San Diego Chapter of ASA are greatly concerned about this restrictive ordinance. We urge the San Diego County Board of Supervisors to develop a policy which takes into consideration patients’ needs, rather than the desires, fears, and bias of law enforcement.

Please email the San Diego County Board of Supervisors and ask that they revise the ordinance.

Greg.cox@sdcounty.ca.gov

dianne.jacob@sdcounty.ca.gov

Pam.slater@sdcounty.ca.gov

ron-roberts@sdcounty.ca.gov

bill.horn@sdcounty.ca.gov

KEY DATES:

Public Review of Proposed Ordinance: March 3, 2010 - April 2, 2010
San Diego County Planning Commission Vote on Proposed Ordinance: May 14, 2010
Board of Supervisors vote on Proposed Ordinance: June 23, 2010

County Board Point of Contact:Joe Farace (858) 694-3690joseph.farace@sdcounty.ca.gov

--------------------------------------------
San Diego Americans for Safe Access

www.SafeAccessSD.org

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org

ATTEMPT BY SD COUNTY TO ERADICATE MEDICAL MARIJUANA

2010-03-29T11:20:00.000-07:00

San Diego County has been at the forefront of overturning proposition 215 and SB420. This fight has included a case that made it all the way to the Supreme Court in a resounding defeat for the county. Still, the San Diego County board refuses to respect state law. In an attempt to effectively zone out and ban access to medicine for patients in San Diego, the county has issued a proposed ordinance:

READ THE PROPOSED ORDINANCE HERE:
http://www.sdcounty.ca.gov/dplu/docs/POD_09-007_Medical_Marijuana.pdf

This proposed County ordinance would require that ALL transaction between patients be recorded onto video and turned over to the Sheriff. The ordinance also requires that patients names, birth dates, and other private information be turned over to the Sheriff upon request.

Please read this document carefully and write to the board with your concerns. San Diego ASA believes that if this ordinance were to pass, it would be unconstitutional and an anlawfull modification to Proposition 215 as well as Senate Bill 420.

We only have a couple days left for input as the public input ends in April on this ordinance.
The county did a good job hiding this from the public and we need to let them know, we will not stand for a defacto ban. We want safe, regulated access.

Write the Supervisors and let them know how you feel about this ordinance:
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov

San Diego Americans for Safe AccessT: 619-621-8446
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

JOSEPH NUNES SENTENCING - April 19th - 9:30am – 940 Front St. San Diego CA 92101

2010-03-20T14:15:00.000-07:00

Joseph Nunes sentencing has been postponed to April 19th at 9:30 am. Mr. Nunes is a victim of the continued eradication efforts of the San Diego District Attorney and the DEA. He has been charged in Federal court and forced to agree to a plea bargain to avoid years of incarceration for something that is legal under state law. He is one of the founding members of the Kush Lounge and Green Cross collective that was raided during the September 9th 2009 Narcotics Task Force round of raids.

San Diego ASA recently spoke to Mr. Nunes to find out what the current status of his case is, and when the new sentencing date will be. Mr Nunes told us that he has requested some more time to get his personal affairs in order. Mr Nunes is asking the judge for probation and his attorney Mr. Jim Warner is confident that the judge will see through the bias driven persecution and reduce the sentencing guideline of 27-33 months to probation.

The sentencing has been continued to 4/19 at 9:30am in front of Judge Burns. (940 Front St. San Diego CA)

Please mark your calendars and show Joseph your support by coming to court and packing the courtroom and sending a strong message with our presence that we do not support ANY jail time for Joseph.

T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

March 26th National day of protest

2010-03-19T18:57:00.000-07:00

WHEN: 12noon – 2pm March, 26 2010
WHERE: 940 Front Street San Diego CA
WHAT: National Day of Protest against NTF and DEA raids on medical marijuana patients and collectives.

In one week we will have the opportunity to tell those who seek to rule over us that we are not happy with the way they are treating us. The raids by the DEA and NTF of San Diego are not acceptable and we want them to stop! There is no reason for the NTF to be cross sworn except to violate state law. We voted to legalize medical marijuana 14 years ago. The DEA refuses to go by science and what the medical profession has said. Here in San Diego we have a Narcotics Task Force that has been cross sworn so they can violate state law as well as give any confiscated medicine to the DEA so they do not have to return it when the victim is found not guilty or not charged.

On March 26th from 12 noon to 2:00pm we will be meeting at 940 Front st to protest the illegal raids by the DEA on medical marijuana as well as the refusal of San Diego to recognise Prop 215 and SB420.

Please send this call to action to everyone in your contact list.
It is time for everyone to come out of the Cannabis Closet

Thank You
James Dean Stacy
movementinaction@gmail.com
www.movementinaction.org

San Diego MMTF Meeting Friday 3/19 at 9am

2010-03-18T21:36:00.000-07:00

The San Diego Medical Marijuana Task Force meets again this Friday 9am -11am
202 C St. San Diego A 92101 (map)
City Council Committee Room, 12th floor of the City Administration Building.

The task force is working on recommendations to the San Diego City Council with regards to medical marijuana regulations and zoning ordinances. This Friday it is critical that we get the community out to the meeting.

Friday 3/19/2010 MMTF Agenda:

ITEM 1 – Proposed recommendations regarding packaging, labeling and transport of medical marijuana
ITEM 2 – Adoption of a statement of concern to forward to City and County officials
ITEM 3 – Adoption of a statement regarding medical marijuana use by juveniles
ITEM 4 – Agenda items for next meeting (if time permits)

This is our opportunity to weigh in on the process which will affect many thousands of patients in our community for years to come.

Your input is needed and encouraged. Come to the meeting, fill out a public comment sheet, and let your voice be heard!

San Diego Americans for Safe Accesswww.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

Judge won't dismiss medical marijuana case under Obama made me do it defense.

2010-03-18T00:13:00.001-07:00

Greg Moran, San Diego Union Tribune
Tuesday, March 16, 2010

James Stacy, the Vista medical marijuana dispensary owner facing federal drug charges, has lost an intriguing bid to have the charges against him thrown out.

Stacy had argued that President Obama, when he was Candidate Obama, had basically said he wouldn't prosecute medical marijuana providers who were complying with state law, and that Stacy had relied on that -- and later statements by Attorney General Eric Holder -- to launch his business.

He also said the prosecution violated the Tenth Amendment because it "commandeered" local law enforcement to enforce federal policy. The intriguing arguments received some attention after first being reported by San Diego CityBeat in December.

In an 11-page ruling Moskowitz said, essentially, nice try.

Comments made by Obama and one of his campaign flaks cited by Stacy "cannot be deemed representations of the federal government regarding drug-prosecution policy." There's no evidence Stacy even heard those statements or that any government official told him selling medical marijuana was OK under federal policy. Holder's statements were "vague," "loose" and did not rule out that the feds could still prosecute medical marijuana cases.

As for the Tenth Amendment argument, the judge said there was no evidence that the San Diego Sheriff's Office was forced to participate in the investigation and raids of dispensaries in the county. "Voluntary cooperation by the Sheriff's Department or other state agencies does not give rise to a Tenth Amendment claim," he wrote.

So now it looks like it is on to trial for Stacy. The judge did leave the door open a bit. He said he would decide later whether Stacy and his lawyer, Kasha Kastillo, could use the Obama-told-me-I-could argument, known as entrapment by estoppel, as a defense at trial.

Federal prosecutors are moving to head that off, filing a motion last Friday asking Moskowitz to ban that defense, as well as several others. Trial is set for April 26.

Stacy was one of two people charged federally in a sweep of dispensaries launched in the fall. He opened the Movement in Action dispensary four months or so before the raids occurred. One of the reasons he may have ended up in federal court is that investigators found a gun in the dispensary and, even under Obama guidelines relaxing prosecutions of dispensaries that comply with state law, that can lead to a federal charges being filed.

http://www.signonsandiego.com/weblogs/minute-orders-courts/2010/mar/16/judge-wont-dismiss-medical-marijuana-case-under-ob/

San Diego Medical Marijuana 'Raid Rumors' Update

2010-03-17T21:52:00.000-07:00

Today we have received confirmation that California's Finest Meds Collective located at 1133 Broadway in San Diego was in fact closed down. According to eyewitness testimony, several unmarked vehicles pulled up to the collective yesterday, March 16, 2010 and proceeded to confiscate paperwork, medicine, as well as a number of other items inside the facility.

It was reported that the San Diego County Integrated Narcotics Task Force (NTF) is responsible for this raid. Detective Decastro, the mastermind of Operation Green Rx, is reportedly in charge of this investigation as well.

Mr. Decasstro is also the chief investigating officer in my case, and although he has been present for every minute of every day of my trial, on Tuesday, March 16, he was noticeably absent from the courtroom in the morning. However he did return in the afternoon for the remainder of the proceedings.

This morning, we have received reports that a home was also raided in Encinitas, CA a suburb of San Diego County. This raid was also executed by the NTF and spearheaded by the DEA as part of the ongoing Operation Green Rx investigations and medical marijuana eradication efforts. It is reported that the individual who resides at the home in Encinitas was not arrested but all his property was seized.

We have NOT received any more reports of raids, or arrests. Currently and based on the information available today, it seems that the NTF is ramping up for more raids. It would also seem that this time, unlike in the last round of raids of 9.9.9, the NTF is doing them one at a time rather than a sweep.

This is the time when everyone in San Diego needs to read up on the laws, and ensure that you are doing everything possible to stay in full compliance with the law. Remember, Proposition 215 is the law, Senate Bill 420 is the law, medical cannabis is here to stay, and your efforts of continuing to provide safe access to the San Diego Community are critically important to many thousands here in San Diego.

Here are a few suggestions for staying safe:

Keep Medicine Inventory Levels low.
Patient Records should be kept offsite as to protect the patient's confidentiality from the NTF and DEA. All bank statements, as well as accounting paperwork should also be kept offsite at a secure location, so that it can later be used by you rather then the NTF to prove the not for profit operation.
Watch out for fake recommendations, ensure that there is both an expiration date, as well as all the other required information. Ensure that EVERY recommendation is verified with the phycisian prior to allowing the member to join the collective.
NO GUNS. Do not keep any firearms inside your home or the facility.
Be Prepared and know your rights. Without a search or arrest warrant, you do not have to let the NTF or any other officials into your facility. If they do come, be polite, respectful, and quiet. You do not have to speak with anyone, it is your right to remain silent and to seek the advice of an attorney during ALL questioning.

Three Police Interaction Levels and Three Safe Ways To handle Them (courtesy of Marcus Boyd)

Casual Conversation: Ask if youre being detained. If not, walk away!
Detention: If you are detained, ask why! Be sure to remember what they say to you.
Arrest: Say "I choose to remain silent and I want to see a lawyer". Remain Silent. Dont answer any questions, just politely repeat your assertion and rmember you have now envoked your right to remain silent. Exercise it.

BE PREPARED:
Visit the Raid Preparedness section of the San Diego ASA website for a comprehensive raid preparation guideline:
http://www.safeaccesssd.org/p/raid-preparedness.html

San Diego Americans for Safe Access - www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

Are you Cannabis Deficient?

2010-03-12T11:36:00.001-08:00

by The Medicine Hunter

If the idea of having a marijuana deficiency sounds laughable to you, a growing body of science points at exactly such a possibility. Scientists have known that the active psychoactive compound in marijuana is THC, which is short for tetrahydrocannabinol.

In August 1990, researchers reported in the journal Nature the discovery of receptors in the brain that specifically accommodate the cannabinoids in pot. Cannabinoids bind to particular neurological sites in the brain, as though the brain was specifically designed to utilize this plant. Did nature toss cannabinoid receptors into the brain by random chance? Are cannabinoid receptors part of an intelligent design for deriving maximum benefit from cannabis? Is cannabis a divine elixir of sacred communion for which we are ideally suited? Actually, a more sober answer seems likely. When there are receptors in the brain for a particular type of compound, that compound is made in the brain. This is true of many important agents that work to transmit brain messages of all types. So a hunt began to find such a compound.

In that vein, in 1992 researchers in Israel isolated the cannabinoid anandamide in the human brain. Unlike THC, anandamide is manufactured in the brain, and is therefore an endogenous cannabinoid. This agent, anandamide, is the compound that attaches to the built-in cannabinoid receptors in our brains. The name anandamide is based on the Sanskrit word ananda, which means bliss. Anandamide is a bliss molcule, enhancing greater well being and emotional satisfaction.

Ever since the pioneering work of Dr. William O’Shaughnessy on cannabis and pain compiled in the 1840’s a growing body of science has shown that cannabis offers relief for various types of pain. In the brain, the endogenous agent anandamide also plays a role in mitigating inflammation and pain. So both cannabinoids from inside and outside the body play a role in pain reduction. More recent studies show pain relief among sufferers of multiple sclerosis when cannabis is consumed.

Anandamide also plays a role in proper appetite, feelings of pleasure and well-being, and memory. Interestingly, cannabis also affects these same functions. Cannabis has been used successfully to treat migraine, fibromyalgia, irritable bowel syndrome and glaucoma. So here is the seventy-four thousand dollar question. Does cannabis simply relieve these diseases to varying degrees, or is cannabis actually a medical replacement in cases of deficient anandamide?

At least one author, medical doctor Ethan Russo, believes in the possibility of endocanabinoid deficiency, and suggests that such a deficiency might actually be a significant cause of the types of health problems listed above. His paper “Clinical Cannabinoid Deficiency,” published in Neuroendocrinology Letters in 2004, delved deeply into the various ways that cannabinoids function in the body, and how a deficiency in cannabinoids can lead to a broad range of diseases. Since the publication of that paper, a number of studies have further confirmed the effectiveness of cannabis for many health disorders.

The idea of clinical cannabinoid deficiency opens the door to cannabis consumption as an effective medical approach to relief of various types of pain, restoration of appetite in cases in which appetite is compromised, improved visual health in cases of glaucoma, and improved sense of well being among patients suffering from a broad variety of mood disorders. As state and local laws mutate and change in favor of greater tolerance, perhaps cannabis will find it’s proper place in the home medicine chest.

http://health.blogs.foxnews.com/2010/03/10/are-you-cannabis-deficient/

Chris Kilham is a medicine hunter who researches natural remedies all over the world, from the Amazon to Siberia. He teaches ethnobotany courses at the University of Massachusetts Amherst, where he is Explorer In Residence. Chris advises herbal, cosmetic and pharmaceutical companies and is a regular guest on radio and TV programs worldwide. His field research is largely sponsored by Naturex of Avignon, France. Read more at www.MedicineHunter.com

Court Support Requested – THURSDAY 3/11/2010 - 10am

2010-03-10T21:29:00.001-08:00

Court Support Requested – THURSDAY 3/11/2010 - 10am
Department 55 - 220 W Broadway San Diego CA 92101

Today, Wednesday March 10, 2010 all in limine motions were completed and a jury was selected in the medical marijuana trial of People v Davidovich.

On Thursday opening statement will begin from both the prosecution and the defense. This will be the first day in front of the jury and a critical day for supporters to be in court. If you are able to make it to court tomorrow (Thursday 10am), your presence would be both helpful and very much appreciated. The jury should see that this issue affects all of us.

On Tuesday as well as today Bahar Ansari my attorney argued and defended all the motions in limine filed by the prosecution as well as presented the motions in limine from the defense. If it weren’t for her efforts, superb knowledge of the law, and well formulated arguments, I would have been in a very bad position.

The prosecution came in with 9 (nine) motions in limine all with a clear intent to undermine my defense and chance for a fair trial:
Below is a brief description of the motions the DA filed, as well as a summary of how that motion was ruled on by the Judge.

1. Jury Instructions – (an interpretation of the medical marijuana law presented to the jury)
The instructions that the prosecutor filed were a very narrow interpretation of the law, and essentially professed that unless all members are cultivating together, that no other means of association to cultivate was legal. We were able to finally clarify, correct, and agree on a jury instructions this morning shortly prior to starting jury selection. The final instruction is a more accurate depiction of the law which includes a description of what a collective is. The most disturbing part of this was that even though the San Diego DA has posted on their website the AG Guidelines and is urging people to follow them, they proclaimed to the surprise of everyone including the judge in court today during these arguments that “AG Guidelines are not law, and we can never see a case when we would want them to apply”.

2. Medical Defense
The prosecution fought vehemently for hours to have my medical defense excluded and to not allow us to mention anything with regards to medical marijuana laws to the jury. Exactly at 4:20pm it was decided by the Judge that there is evidence of an affirmative defense and that we would be allowed to discuss medical marijuana in front of the jury during jury selection as well as at all other times.

3. Recommendations of Potential Witnesses
Although the prosecution claimed recommendations written on paper and signed by the doctor were hearsay, they filed a motion to require all potential witnesses claiming to be medical marijuana patients to subpoena the written recommendations from their doctors. We had no objection to this.

4. Exclude testimony of Chris Conrad Expert Witness
The prosecution filed to excluded the testimony of Chris Conrad a well known medical cannabis dosages and yields expert who has testified in hundreds of cases. The after hearing relentless arguments from the DA, the judge denied their motion and will allow Mr. Conrad’s testimony.

5. Members List should be excluded
The DA moved to exclude the mention of the list of members of the collective to the jury. This request was also denied by the judge.

6. Character Witnesses
Again the DA argued to exclude the two character witnesses from testifying at my trial. These two individuals have known me for over fifteen years and are prepared and willing to testify about their opinions of my character. The DA argued that their testimony would create an unnecessary burden on the courts time. The judge denied this request and will allow both my character witnesses to testify.

7. Surveillance Video
A request was made by the DA to show the jury the undercover video of the delivery of medicine to Jamie Conlan (Detective Scott Henderson) who was posing as a legitimate patient. We did not object and were ourselves requesting the video be shown, as it clearly shows me verifying his doctor’s recommendation and drivers license.

8. Exclusion of Navy Background
Without hesitation the judge denied this request. I will be allowed to discuss my navy background.

9. Photos of Cultivation Excluded
The Prosecution attempted to exclude pictures of the collective cultivation effort from being shown to the jury. Again the judge quickly denied this request and the jury will be allowed to see ALL the evidence.

At 10:30 this morning forty eight people were brought into Department 55. Michael McCabe my defense attorney invited his friend Charles Roger Khoury Jr. a very experienced and respected attorney to assist with the jury selection process. I must say, it was a very good feeling to have three attorneys representing me in court today all out of the goodness of their heart and for their passionate belief in justice.

Jury selection began with a huge surprise for all of us. We saw the direct result from the efforts of all the medical marijuana advocacy and activism in San Diego pay off, when at least a dozen potential jurors openly voiced their concerns about the current marijuana laws in court for the entire jury pool to hear. One potential juror went as far as to talk about the current situation in San Diego with the lack of clarity in the law and the zoning issues collectives are having. She as well as most of the others who raised concerns were unfortunately dismissed by the prosecution but not before the rest of the jurors were educated. At the end of the day, the forty eight jurors were narrowed down a panel of twelve jurors and two alternates.

On Thursday opening statements begin, as well as the testimony of the Narcotics Task Force detective Scott Henderson who stars in the surveillance video provided by the DA: http://www.youtube.com/watch?v=dzYMHgGO_84

Come see Mr. Henderson talk about why how he lied to the doctor to obtain his recommendation and then used it to infiltrate local collectives.
For more information about my case visit www.eugenedavidovich.com

Get Active, Get Involved, Make a difference!

People V. Davidovich – Day 2 of Trial - Court Support

2010-03-08T20:43:00.000-08:00

By: Eugene Davidovich

On March 9, 2010 at 9am in Department 55 at the San Diego Superior Courthouse, day 2 of my trial will begin. District attorney Bonnie Dumanis’ office has filed a mountain of motions in limine with the court, all of which will be heard on the 9th in front of Judge So. Motions in limine are requests made by both sides to the Judge before the start of a trial that certain evidence may, or may not, be introduced to the jury.

The heap of in limine motions includes three that I believe are most troubling. The first is a request by the DA that the Judge not to allow me to use the medical marijuana defense, even though an official subpoena from the doctor who recommended the use of medical cannabis to me, was received and accepted into the record by the court at my preliminary hearing months ago. These records clearly prove to the court that I am a qualified patient, which even prompted the Judge at my prelim to say “there is evidence here that Mr. Davidovich is a qualified patient”, yet nothing fazes the prosecutor’s fierce fight.

The second troubling request is to ban the Jury from hearing any details about my four years of honorable military service with the United States Navy, including a request for a complete ban on mentioning that I was in the military at all. After my arrest in February of 2009, the DA’s office had no problem mentioning my military service in the Operation Endless Summer news coverage. Since then, it would seem that she changed her tune and now wants to conceal the fact that I was in the Navy.

Finally, the DA filed motions to exclude two character witnesses from testifying at my trial. These two individuals have known me for over fifteen years and are prepared and willing to testify about their opinions of my truthfulness and character. Theresa Pham the prosecuting DA cited in her filings that to hear from the character witnesses would be an unnecessary burden on the courts time. The DA wants to ensure that nothing positive is said about me and that only their side of the story is heard.

In addition to the disingenuous in limine motions, it would seem that Theresa Pham, Dumanis’ prosecuting puppet, has received a green light to do “anything it takes” to win this case. This green light seems to have allowed the puppet to insult my attorney in court, cry and whine to the judge when a ruling doesn’t go her way and use stalling tactics in an attempt to buy more time to investigate above and beyond the year and a half long investigation already conducted.

I anticipate that on the 9th the DA will pull a few more tricks out of the prosecutorial sleeve to add to the propaganda and misinformation filled, politically motivated prosecution. I ask that members of our community come to court to support me on Tuesday, March 9 2010 in Department 55 at 9am. Witness the relentless, political war being waged against patients in San Diego yourself.

MY STORY

I am a twenty year resident of San Diego, a medical cannabis patient, and a victim of Operation Green Rx and San Diego District Attorney Bonnie Dumanis’ brutal ambition to overturn California’s Compassionate Use Act.

After having served four years in the Navy, including two deployments to the Gulf, medals, commendations and an honorable discharge I began to experience serious medical symptoms. With the use of medical cannabis I found relief from the symptoms without the debilitating side-effects I’d experienced with prescription drugs. During my treatment I was able to complete a Bachelors Degree then a Masters in Business Administration, all while building a successful career as a project manager in software development field.

Then, as a result of law enforcement’s lack of training in California law or its unwillingness to follow that law, all collectives dispensing medical cannabis in San Diego were targeted and systematically closed. After reading the newly provided State Attorney General’s (AG) guidelines for cannabis collectives I formed my own collective and began to lawfully cultivate, and collectively distribute medical cannabis to other members of this collective on a non-profit basis according to the state law of Proposition 215, SB420 and the help of the AG guidelines.

In November of 2008, I received a call from a man calling himself Jamie Conlan and asking to join the collective. After a rigorous qualification process where Mr. Conlan presented both a driver’s license and a medical recommendation which he lied to a doctor to obtain, I was duped into allowing his participation.

Some months later, my Mission Valley apartment was raided by an armed narcotics team and I was taken to the police station where I met Conrado DeCastro who revealed Operation Green Rx. I was to discover later through the prosecutor’s discloser that the officers of the operation were targeting collectives from CA NORML’s website and posing as legitimate patients to obtain cannabis recommendations from doctors and then entrap collectives. I was shown two large binders with names and told “we are gonna’ bring all you medical pot people down.” Charged with four felonies, I was taken to jail, for legally providing a patient 120.00 worth of medical cannabis. I didn’t think things could get much worse.

Imagine my shock to find that the DA held a news conference of manufactured lies, touting the success of what they now referred to as Operation Endless Summer, depicting me as a dangerous dealer of large amounts of heroin, meth, marijuana, as well as trotting out the “don’t mess with the military” and the “streets of navy housing” mantra that the San Diego DA Bonnie Dumanis has been maintaining ever since. The evening news quickly picked up the story showing video footage of me at the arraignment hearing, and again listing drugs which did not exist nor with which I had any involvement, let alone charged with selling.

As a result of the false press conference, the police refusal to follow the law and the prosecutor attempting to deny the court evidence that I am a patient protected by medical cannabis laws, I am in the fight of my life. The amount of resources being spent on this case is unbelievable. Aside from the year long NTF investigation, the DA has put together a top notch team of prosecutors and law clerks as well as has recruited the famous anti marijuana activist Steve Reed to testify as an expert against me.

I am represented by attorneys Michael J. McCabe and Bahar Ansari who have been working tirelessly on my case and have provided me with exceptional representation throughout this process. They have been able to both help steer me through the legal system in my trial, as well as protect me from the constant threats and intimidation of the DA for speaking out about my situation.

This video was provided courtesy of the San Diego DA's office as part of the discovery in my case. It shows the delivery of medicine to the undercover officer who earlier had called, provided all his information, and was verified with his physician.

For more information about my case please visit www.eugenedavidovich.com

To get more involved in the community and to help bring this ‘fierce fight against patients’ to an end, join Americans for Safe Access and get involved.

Visit www.SafeAccessSD.org for the latest updates and news about medical marijuana in San Diego, come to the monthly ASA meetings, and get active.

Operation Green Rx must come to an end, and we will help bring it to an end.

People v Davidovich - Day 1 of Trial Update

2010-03-03T01:40:00.000-08:00

Today I also learned the name of the new witness that the prosecution has placed on the witness list against me! It is a superstar witness that a lot of us have seen on TV! Many of us have come to know him as the “poster child” of medical marijuana eradication efforts from Showtimes famous documentary “In Pot We Trust”.

San Diego County Sheriff and member of the Cross Jurisdictional Narcotics Task Force Steve Reed will be testifying in my trial supposedly as an expert on indoor cultivation of medical marijuana. In the movie he says he has a vision disorder that allows him to see different shades of green better. Apparently h has wrapped himself around the “fierce fight” and has made it his life’s mission.

Watch the movie “In Pot We Trust” and join me in court to ask for his autograph.

Here is a link to the full version of the movie:
SHOWTIME'S "In Pot We Trust"

Jovan Jackson Second Trial To Move Forward

2010-02-26T16:45:00.001-08:00

By: Eugene Davidovich

This morning Jovan Jackson again went to San Diego Superior court for a preliminary hearing on the second medical marijuana trial related to the Operation Green Rx Raids orchestrated by Bonnie Dumanis in cooperation with DEA through the Integrated Narcotics Task Force.

San Diego ASA membership turned out in numbers to support Mr. Jackson today filing more than half of the courtroom with supporters.

In December of 2009, Mr. Jackson was dragged through the judicial system on charges related to the first, August 2008 raid on Answerdam, which resulted in a jury trial and Mr. Jackson being vindicated on all five medical marijuana related charges. Chris Lindbergh the prosecutor in the case was scolded by the jury for bringing such a case to trial.

Charges related to the 9/9/9 raid are considered a separate case as this time the "buy" was on a different date then the "buy" in the original case where Mr. Jackson was found not guilty by the jurors.

Today in court in front of Judge Albert Harutunian, the prosecutor Chris Lindbergh argued to have the medical defense excluded for Mr. Jackson even thought Jackson’s physician’s statement was admitted into evidence.

Lindbergh also argued that patients who buy marijuana can technically be charged as "conspirators" to an illegal operation and that since Mr. Jackson did not subpoena 1600 people to testify for him today, that he could not prove that this was a collective.

Following the statement in the last paragraph, a chill ran through the courtroom as everyone collectively realized that what Linbergh was saying is that now the DA is considering charging members of collectives (non founding members) as co conspirators to illegal operations.

What happened to Dumanis’ promise not to go after patients?

In the hearing Linbergh also talked about what most in our community have come to understand as the "Group Farm" fallacy. Lindbergh explained that if all 1600 Answerdam patients first actually came together and hung out for a bit with each other (this would satisfy them having to associate), then together decided to grow medical marijuana, all chipped in some with money others with actual labor (this would satisfy the cultivate), then maybe that would be a defense.

Lindbergh confirmed several times that it was definitely the intent of Prop 215 that terminally ill, physically disabled, and immobilized patients participate in the cultivation effort.

We also heard testimony from Detective Mark Carlson who proclaimed on the stand at first to be an expert on medical marijuana laws, then went on to explain that he is a Federal Agent and technically all cultivation is illegal. Carlson was designated as the state medical law expert chief investigator by Lindbergh in this case.

Today's witness testimony also included the infamous Pierre Tiberius Uggla (aka Mike Mendez) who went to Answerdam and upon completing his membership agreement for the collective, wrote his real name (Mike Mendez) on the form rather than his undercover alias and as a result almost fumbled the DA’s entire investigation into Answerdam exposing to the members the fact that they were continuing this illegal persecution of patients through investigations.

In July of last year shortly after Mendez’s visit to Answerdam and as part of the continued efforts of the Stop Operation Green Rx campaign and San Diego Americans for Safe Access, members of San Diego ASA went to the San Diego City Council and delivered a copy of the form Mike Mendes completed with his real name to the San Diego City Councilmember asking them to intervene in this situation and bring these prosecutions to an end. The video of that speech can be seen here: http://www.youtube.com/watch?v=-OQ3YR133hQ

Unfortunately our pleas have gone unheard since then. Operation Green Rx is still in full force and today Mendez went on to explain that as part of his duties, he regularly goes to local doctors and lies. He explained that he went to see a doctor in Mission Valley last year, lied about a serious back injury that cause chronic pain which he told the doctor he suffered from. After presenting the doctor with a slew of symptoms related to the injury and receiving a physical examination from the doctor; he was issued a recommendation letter for medical marijuana and has since joined multiple collectives and bought medical cannabis from them on numerous occasions.

We also heard from testimony from cancer survivor, medical cannabis patient, and member of the Answerdam Collective, Paul Ford. Who testified that not only did the cannabis he obtained in Answerdam help alleviate his symptoms, no medicine out there has helped him more than cannabis obtained from Answerdam. Mr. Ford also explained that he was very well aware that he was a member not customer of Anwerdam and it was clear to everyone in the court that all his contributions in exchange for the medicine went directly towards the continued support of the cultivation effort /collective of Answerdam.

Unfortunately the judge ruled that there was enough evidence for Mr. Jackson to stand trial again, and that since this was the preliminary hearing, the prosecution did not have to prove beyond a reasonable doubt, just raise potential for guilt. The case was bound over for trial, and Mr. Jackson’s arraignment on the charges in his second medical marijuana trial is scheduled for mid March.

Operation Green Rx continues and today in court it was clear that the efforts of DA Bonnie Dumanis to continue the persecutions and medical marijuana eradication efforts in San Diego are not only continuing, they are escalating, and will continue to intensify as she is gearing up for her next election.

Mr. Lance Rogers, attorney for Jovan Jackson did an excellent job representing his client and fought as hard as he could to get the case dismissed. Although the case was bound over, Mr. Jackson will still get to present and argue the Murgia Motion (prosecutorial discrimination). Hopefully the next judge will see the absurdity of this trial and dismiss it.

Thank You Jovan for continuing to stand up for our rights, and not allow these persecutions to be swept under the rug through plea deals.

The perpetrators of these this continued efforts to subvert state law and persecute patients both in the DA’s office and in the integrated narcotics will not be left unnoticed. The voters and juries will hold you accountable for your actions.

Eugene Davidovich - 995 Hearing Today - Court Support Needed

2010-02-24T10:28:00.001-08:00

I am currently facing a Jury Trial which is scheduled to start Next Week on the 2nd of March. The trial is related to the February 2009 (Operation Endless Summer / Green Rx) raids, orchestrated by District Attorney Bonnie Dumanis and her Cross Jurisdictional Narcotics Task Force (NTF).

Today I go to court for a 995 hearing, which is an attempt to get one of the charges against me dropped.

If you are able, please come out for court support as well as to see for yourself how medical cannabis patients are treated in court in San Diego.
220 W Broadway San Diego CA – Department 55 – 1:30pm

Originally I was charged with 4 felony counts, one of which about a month ago we were able to get dismissed by a judge bringing down the total charges to 3.

When my house was raided and I arrested in February of 2009, the NTF seized, 1.1 ounce of dried flowers and 14g (1/2 oz) of condensed kief (concentrated cannabis). Originally I was not charged with the possession of concentrated cannabis as clearly that amount is well within state/ city limits, as well as a very reasonable amount for any medical cannabis patient to have. One week before my trial was supposed to start in January and Theresa Pham (Deputy DA prosecuting my case) came back with another count. “Possession of Concentrated Cannabis”

As a result my trial has been moved to March 2 and today my attorneys will argue to get the Concentrated Cannabis Charge dismissed.

For more information about my story and to see the video of the delivery of medicine to the undercover narcotics task force officer posing as a legitimate patient please visit www.eugenedavidovich.com

Regards,

Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

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Join ASA - www.safeaccessnow.org

JACKSON RETURN OF PROPERTY MOTION DENIED

2010-02-19T17:05:00.000-08:00

By: Eugene Davidovich, February 19, 2010

This morning Lance Rogers, Attorney for Jovan Jacksons argued a return of property motion in front of Superior Court Judge Bashant. The courtroom had over a dozen of Jovan’s Supporters a large majority of whom were active members of San Diego Americans for Safe Access.

After hearing the arguments from both sides, Judge Bashant denied the motion. Throughout the arguments it was clear by the expression on the Judge’s face that she was simply going through the motions, and had already made up her mind prior to walking into court.

She explained that the motion was being denied without prejudice for two main reasons; first the prosecution could potentially still use the evidence in the new case which goes to prelim later this month, secondly, because the medical cannabis as well as most other items are held by the DEA. she had no authority to order the Feds to do anything.

When asked why the evidence was in the DEA’s possession on a state case, Prosecutor Chris Lindbergh explained that most evidence is given to the DEA because the Narcotics Task Force that conducted the raid is a cross jurisdictional entity and also has federal power. He also explained that it is more convenient for them to store it there.

Mr. Jackson will return to court on February 26, 2010 for the preliminary hearing in his second trial. The Prelim is scheduled for 8:30 am in Department 11 in the San Diego Superior Court House.

Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

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Answerdam Files for Return of Property

2010-02-18T11:54:00.000-08:00

“No legal basis for law enforcement to hold the property”
By: Eugene Davidovich, February 18, 2010

“During the investigation of Answerdam, law enforcement confiscated computers, business records, and several pounds of medical marijuana. […] Mr. Jackson was acquitted by a jury and the time period has expired for the District Attorney to appeal, there is no legal basis for law enforcement to hold the property.”

Mr. Lance Rogers attorney for Jovan Jackson will argue the return of property motion in court on February 19, 2010 in Department 33 at 8:30am.

Jovan Jackson of Answerdam Collective is a medical cannabis patient, navy veteran, and victim of two Operation Green Rx raids, part of District Attorney (DA) Bonnie Dumanis' effort to overturn Proposition 215 and eradicate safe access to medical cannabis in San Diego.

In December of 2009, Mr. Jackson was dragged through the judicial system on charges related to the first, August 2008 raid, which resulted in a jury trial and Mr. Jackson being vindicated on all five medical marijuana related charges. Chris Lindbergh the prosecutor in the case was scolded by the jury for bringing such a case to trial.

Charges related to the 9/9/9 raid however, have not yet been litigated.

On February 9, 2010 Mr. Jackson’s attorney Lance Rogers argued a Collateral Estoppel motion before the superior court in San Diego. He was able to clearly show that Jovan is a victim of Double Jeopardy and that the circumstances and all details of the investigation were the same in both raids. The judge explained that because the second raid was on a different date, there was no case law supporting this as double jeopardy, and therefore denied the motion.

On February 26th 2010 at the preliminary hearing for the second trial, Mr. Rogers will argue a motion to dismiss the case based on prosecutorial discrimination; otherwise known as a Murgia Motion.

The motion will show how Mr. Jackson was deliberately singled out for prosecution on the basis of his race. The Cross Jurisdictional Narcotics Task Force (NTF) has been investigating Mr. Jackson for two years, during which at least ten non-black suspects actively involved in the possession, sales, distribution, and transportation of marijuana were also investigated, yet no charges were brought forward nor any other suspects prosecuted.

Please come out on Friday February 19, 2010 and on February 26th to support Mr. Jackson as he attempts to navigate the serpentine roadmap that makes up our medical marijuana laws and fights against the bias driven, district attorney run, San Diego judicial system.

OFFICIAL PRESS RELEASE FROM TURNER LAW GROUP:

Senator Mark Leno Issues Statement on New Medical Cannabis Report

2010-02-17T11:15:00.000-08:00

Wednesday, February 17, 2010

SACRAMENTO – Researchers from the University of California’s Center for Medicinal Cannabis Research (CMCR) today issued a report showing that there is “reasonable evidence that cannabis is a promising treatment” for some specific, pain-related medical conditions.

CMCR’s findings, which were presented today to the California Legislature and public, are included in a report that is available on the CMCR website: www.cmcr.ucsd.edu.

Senator Mark Leno (D-San Francisco) issued the following statement in response to today’s report:

“For too long the full evaluation of the therapeutic value of medical marijuana has been hindered by the lack of high quality scientific studies,” said Senator Leno. “Thanks to the vision and foresight of Senator John Vasconcellos in 1999, the California State Legislature sought to break through those roadblocks to study the potential benefits of medical cannabis. Today we have solid, scientific research that will benefit patients in California and across the globe.”

http://tinyurl.com/ydcam29

Read the full report here:

PDF of REPORT

Medical Cannabis Report, Commissioned by State, to be Released

2010-02-17T09:22:00.000-08:00

Tuesday, February 16, 2010
http://tinyurl.com/ydsv54j

SACRAMENTO – In 1999, the California Legislature and Governor enacted Senate Bill 847 (Vasconcellos), which commissioned the University of California to establish a scientific research program to expand the scientific knowledge on purported therapeutic usages of medical marijuana. The legislation passed with a strong bi-partisan vote and was supported by former Attorney General Dan Lungren as well as a coalition of statewide public safety and health organizations.

Pursuant to the new law, the University of California-San Diego established the Center for Medicinal Cannabis Research (CMCR) in 2000. The Legislature appropriated a total of $8.7 million to CMCR that has been used during the ensuing years to conduct clinical and pre-clinical trials of cannabis, including smoked medical marijuana, to provide evidence one way or the other to answer the question, “Does medical marijuana have therapeutic value?”

To achieve its objectives, CMCR funded a variety of carefully designed studies, and is prepared to release a report summarizing its research.

When: Wednesday, February 17, 2010, 10 a.m.
Where: State Capitol, Room 3191

Who:
Senator Mark Leno
Senator John Vasconcellos (ret), author of SB 847
Igor Grant, MD, Director, CMCR
J. Hampton Atkinson, MD, Co-director, CMCR
Barth Wilsey, MD, Clinical Professor, UC-Davis Health System

The S.E.P.T.I.C. System – Bonnie DA Mantis

2010-02-14T19:36:00.000-08:00

By: Eugene Davidovich, NUG Magazine

The fierce fight against medical marijuana in San Diego commonly referred to as Operation Green Rx that District Attorney (DA) Bonnie Dumanis has been waging for years, has resulted in thousands of San Diego Citizens outraged at the fraud, waste, and abuse of power within her office.

One such outraged citizen is Marcus Boyd of Imperial Beach whose involvement in San Diego Medical Marijuana policy began with his efforts to open a collective in Imperial Beach. Mr Boyd, himself a medical marijuana patient approached the Imperial Beach City Council with his request to open a collective last year. The request was answered with an unequivocal denial and an immediate push back which included the council quickly voting in a moratorium and promising to work on the issue.

Almost a year later, Imperial Beach still has no medical marijuana regulations, and all of Mr. Boyd’s further attempts to start a dialogue with the council have landed on deaf ears.

After the 9/9/9 raids on Medical Marijuana Collectives in San Diego, Mr. Boyd launched “The S.E.P.T.I.C. System / Bonnie DA Mantis” website (http://bonniedamantis.wordpress.com/) which has attracted attention from both the media and the community at large.

In a recent article published by the San Diego City Beat, Dave Mass wrote “Patient and aspiring collective operator Marcus Boyd specifically targets Dumanis, accusing her of using televised shock and awe enforcement tactics to effectively harass and terrorize the seriously ill and dying patients”.

The S.E.P.T.I.C. System stands for San Diego Electronic Prohibition Tracking & Information Collection System which as Mr. Boyd put it is “a central place where we can both track the prohibition / denial of safe access as well as information regarding court cases related to the prohibition of safe access in San Diego”.

In a telephone interview, with NUG Magazine, Mr. Boyd explained the reason he started the blog was “because there is a real need to have a central location to look up the fierce fight that we are experiencing in San Diego”.

He went on to explain that the website’s purpose is twofold; first, to track the prohibition specifically related to all the San Diego County municipalities and San Diego City itself with regards to progress and legislative development of medical marijuana law. Second, the site focuses on information collection of the court cases and the information pertaining to the denial of safe access for patients in San Diego.

“If it weren’t for Bonnie Dumanis we would not have denial of safe access, which goes to the second name of the site; ‘DA Mantis’ – Without the DA Mantis we wouldn’t be in this mess”, Mr. Boyd Explained.

More recently, Mr. Boyd’s efforts with the site have been focused on the 2010 election of San Diego County District Attorney. He launched the first public effort in San Diego to find a replacement for Bonnie Dumanis and has already collected over $18,000 in pledges of campaign contributions for the next San Diego County DA. Mr. Boyd has interviewed at least a half a dozen candidates and has approached dozens of attorneys encouraging them to run.

“She is but a county District Attorney, and the fact that this DA is doing what no other county DA is doing, stands to reason that without her we wouldn’t have this problem”.

215 Party TONIGHT at 6pm!

2010-02-13T12:58:00.000-08:00

Join us for the 215 party tonight from 6pm to midnight!

See you all this Saturday in Vista at the 215 Party!
See the event Flier: http://www.safeaccesssd.org/p/215-party.html

WHERE: 1050 S. Santa Fe Rd. Vista, CA
WHEN: Saturday February 13, 2010 6pm – 12am

There will be several great Reggae bands performing, amazing prizes, good food, and great times! This is a combined birthday party for James Stacy and Kim Twolan two beloved members of our community.

Come hear the Southbay Wailers, Will Faber, and others play and help raise money for the movement!

Tickets are $20 at the door. All proceeds go to support James Stacy (www.movementinaction.org) and the Cannabis Resource Center / Hemp Museum in Vista.
San Diego Americans for Safe Access, NUG Magazine, and Mother Earth Coop are proud sponsors of James Stacy and his fight for our rights!

Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

Rudy Reyes; Activist, Patient, Politician

2010-02-12T09:24:00.000-08:00

By: Eugene Davidovich

On October 26, 2003, the Cedar wildfire was raging through the San Diego County, claiming over a dozen lives and taking with it thousands of homes. Many believe the fire caused the worse damage in the history of San Diego County. According to Wikipedia, “The Cedar Fire burned 280,278 acres (1,134.2 km2) 2,820 buildings (including 2,232 homes) and killed 15 people including one firefighter before being contained on November 3, making it the largest fire in recorded California history up to that time”.

Rudy Reyes, an Archaeology major and instructor at several local colleges, on the night of the 26th was living near the Barona Indian Reservation of San Diego County. Watching and listening to the news coverage of the fires, he had no idea that the part of San Diego County where his family lived, was directly in the path of the cedar fire, and that on this night, the fire would change the direction of his life forever.

By the time Rudy realized his family’s home was facing imminent destruction from the oncoming tower of flames, he also realized the firefighters themselves had already evacuated. Rudy knew he had to act fast. Believing that his family members were still in their home and in danger, Rudy jumped in his car, rushed to the house and managed to evacuate everyone to safety.

Once his family was safe, Rudy tried to get out of the way of the fire. Unfortunately by that time the fire had grown exponentially stronger and Rudy found himself trapped. His car that just a few minutes ago ran with no problems would no longer start. Rudy explained during the interview, “When I turned the keys, nothing happened. It was like the car was disabled”.

Rudy went on to explain that the nearby flames had sucked up all the usable oxygen in the area, and since all internal combustion engines require oxygen to operate, the car wouldn’t start.
Now realizing that if he remained in his car he would surely not make it, Rudy got out, ran into the house and jumped in the shower in hopes the water would protect him from the imminent threat of the flames.

While standing in the shower Rudy recalled, “I looked up at the ceiling and saw that it had become fluid and covered in waves of blue flames. I knew it was time to get out, and get out fast”. After making his way out of the house and back into the driveway, he found his car had already caught fire and that there was only one way out of the situation; run through the fire line.

Without having much time to ponder the issue, Rudy covered his face with his hands and made his way through the tunnel of flames that appeared to have on the other side of it a safe exit. Only a few seconds into his escape, he felt his muscles tighten and “it became extremely difficult to move my feet, what was an easy walk on a paved street on a normal day, began to feel like I was walking through quicksand, I felt the elasticity in my muscles start to disappear”.

Knowing that if he stops, he surely would not make it till morning, Rudy pressed on. Minutes later he miraculously emerged on the other side of the fire, still conscious, in severe shock, yet still able to walk.

He made his way down to the road and tried to wave down the first truck he saw driving by. Shockingly Rudy described, “The truck flashed his lights, honked the horn, and passed me without stopping”. Rudy kept on.

As he described, what felt like an eternity later, Rudy saw another car. This time the driver pulled over and at the sight of Rudy shouted “get in the back now, we have to get you to a paramedic right away”. The Good Samaritan drove Rudy to the nearest ambulance and the paramedics eased Rudy into what turned into a two and a half month drug induced coma.

Rudy woke up to over 70% of his body covered in third degree burns and the realization that he now faced a lifetime of excruciating chronic pain, countless surgeries, and a body at the brink of overdose from the narcotics / pain relief medication administered to him at the hospital.

He quickly learned that the narcotics prescribed by his doctors were no longer working, and the pain became intolerable. In hopes of saving himself from a life of addiction to narcotics, Rudy listened to the recommendation of one of his doctors at the hospital, and tried medical cannabis. To his amazement, while an inpatient at the hospital, he was allowed to go outside and medicate using cannabis cigarettes in the hospital’s gazebo, as well as began applying cannabis infused creams to his burns which his family brought him.

Once out of the hospital and in need of safe access to the only medicine that helped him live a normal life, Rudy found himself on the front lines in San Diego County’s war like effort to eradicate access to medical cannabis. Rudy made the cause his own, and for years now has lobbied in front of the Board of Supervisors, City Council, and countless politicians for medical cannabis patient’s rights.

In 2008 Rudy’s efforts brought him to the race for San Diego County Board of Supervisors. He ran with the San Diego Democratic Party’s endorsement against incumbent Republican Diane Jacob for her seat. Although he wasn’t successful in winning the seat his first time around, he did manage to get an unheard of 20,000+ votes.

Today, dozens of surgeries later and with the full support of the community of patients in San Diego behind him, Rudy Reyes is gearing up for another fight. He has officially announced his candidacy for Santee City Council in 2010. Rudy told Nug Magazine, “The City of Santee needs a change”.

In 2010 Rudy intends to bring this change, and in 2012 he intends to make another bid for the San Diego County Board of Supervisors.

By 2012, Rudy will have two political races behind him and years of experience in the public eye. This combined with his resilience, ambition, and dedication to the community will make him a political force to be reckoned with.

The County Board of Supervisors and Santee City Council are just the beginning of Rudy’s political aspirations, his ultimate goal as he told Nug Magazine, is to go to Congress, where he can help address national issues related to interstate travel for medical marijuana patients as well as federal medical marijuana policy.

(this article was printed in February’s issue of NUG Magazine! Get your copy today!

Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org