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Recent California appellate court decision rejected distribution bans based on federal preemption
Oakland, CA -- Americans for Safe Access, the country's leading medical marijuana patient advocacy group, issued letters today to more than 140 localities across California with bans on distribution, demanding that they come into compliance with state law. The letters were sent two weeks after California's Fourth District Court of Appeal issued a long-awaited decision rejecting the argument that local or state dispensary laws are preempted by federal law. The case of Qualified Patients Association v. City of Anaheim was sent back to Superior Court for further factual development and eventual trial.
However, despite the pre-trial status of the Anaheim case, ASA Chief Counsel Joe Elford argued in the letter that the appellate court "makes clear that regulation of dispensaries, rather than an outright ban, is consistent with State law and is not preempted by federal law." The ASA letter, which was sent to 134 cities and 9 counties with outright bans on medical marijuana dispensaries, asked local officials "to reconsider [their] ban on medical marijuana dispensaries in light of the recently published decision."
Authored by Judge Richard Aronson, the unanimous appellate court decision stated that, "Just as the federal government may not commandeer state officials for federal purposes, a city may not stand in for the federal government and rely on purported federal preemption to implement federal legislative policy that differs from corresponding, express state legislation concerning medical marijuana."
"It's long past time for local officials to implement California law and embrace the need for safe access to medical marijuana," said ASA Associate Director Don Morgan. "Patients should not have to be held hostage by hostile jurisdictions." While ASA will continue to challenge bans in court, volunteer patient advocates across the state are working with their local governments to help them adopt dispensary regulations. "We will continue to work with local officials to develop sensible and effective regulatory ordinances that take into account the needs of not just patients, but all members of the community," continued Morgan.
The Anaheim case, on which the ASA letter is largely based, was the result of a lawsuit filed shortly after the City of Anaheim voted to ban dispensaries in July of 2007. Qualified Patients Association was a local medical marijuana dispensary that had been in operation for 5 months prior to the ban. An appeal was filed in March of 2008 after the Orange County Superior Court ruled that Anaheim could prohibit dispensaries from operating within its city limits.
Although more than 140 cities and counties have established outright bans against the local distribution of medical marijuana -- a tactic that advocates call a violation of state law -- nearly four-dozen California localities, including some of the most populous cities like Los Angeles, Long Beach, Oakland, and San Francisco, have successfully implemented dispensary regulations. In fact, not only do such regulations facilitate the safe distribution of medical marijuana to thousands of patients, but studies conducted earlier this year also indicate that regulations decrease crime in areas around dispensaries, contrary to most law enforcement propaganda.
Further Information:
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
Thursday, September 2, 2010
Medical Marijuana Advocates Demand Local Officials Comply with State Distribution Laws
Tuesday, August 31, 2010
Judge Shore Denies Medical Marijuana Defense in State Court for Jovan Jackson Second MMJ Trial
A travesty occurred in San Diego today, Jovan Jackson a US Navy Veteran and medical marijuana patient was denied a medical marijuana defense in State Court.
After the decision came this morning, Steve Walters, Dumanis' #1, celebrated the Judge's decision with high fives and congratulatory hugs to Linbergh and the other DA's gathered in the courtroom to witness the Judge's decision.
According to Judge Shore, all 1600 members of the Answerdam collective would have had to participate in the cultivation of marijuana. The Judge maintains that sales of marijuana are not legal and that dispensaries are not legal. The only thing legal according to the DA and Judge Shore, is a community garden, where all members associate only for the purposes of cultivation.
Lance Rogers, Jovan Jackson's attorney said after the hearing that today's decision will be appealed.
Jovan Jackson is due back in court on September 8th at 9am.
More information coming soon..
Monday, August 30, 2010
Judge Shore to decide Tuesday if Jovan Jackson gets medical marijuana defense in state court
Dumanis Continues Attempts to prevent medical defense in Second Trial
By: Eugene Davidovich
SAN DIEGO – Despite being acquitted by a jury late last year of charges stemming from a 2008 arrest on marijuana possession and distribution charges, medical marijuana patient and provider Jovan Jackson is being tried by San Diego District Attorney Bonnie Dumanis for a second time in less than a year in connection with Operation Green Rx, an undercover sting operation targeting all medical marijuana collectives in San Diego and resulting in multiple raids and dozens of arrests.
In the weeks leading up to the second trial, Chris Linbergh the prosecutor in Jackson’s case, filed a motion with the court under Evidence Code § 402 to preclude the medical marijuana defense. According to Lindbergh, telling the jury that Mr. Jackson’s was a medical marijuana patient and that he participated in a legal collective, including cultivating cannabis for the collective, would be a potentially confusing matter and should be kept secret.
The prosecution maintains that all sales of medical marijuana are illegal and that only a group farm is allowed under state law, where all patients participate in the cultivation of marijuana, and associate only for the purposes of cultivation, rather than for the purposes of facilitating transactions between members, as the California Attorney General’s Guidelines define a collective to be.
Two weeks ago, Americans for Safe Access (ASA), the country's leading medical marijuana patient advocacy group filed an amicus (friend of the court) brief in support of Jackson's defense, refuting the District Attorney's allegations that sales are illegal. The court refused to accept the brief and forced the defense to present additional evidence of cultivation.
Today, Jackson was back in court for the evidentiary hearing and the proceedings began with Detective Mark Andrew Carlson taking the stand. Detective Carlson was one of the undercover operatives and chief investigator in Jackson’s case. Although very hesitantly, the Detective through the excellent questions presented by Lance Rogers, did end up testifying that he saw both cultivation equipment in the collective and evidence of cultivation in the paperwork seized.
Shockingly, this was not enough for Judge Shore to allow a defense in. The Judge forced the defense team to call more witnesses. Lance Rogers, Jackson’s attorney called the next witness who was a member of the collective. Following the member’s testimony which was brief, Jovan Jackson himself took the stand.
Jackson testified today that he was in fact a member of Answerdam and helped rent a space in a commercial building for the purposes of cultivating medical marijuana. Together with other members of the collective, he cultivated cannabis, harvested the medicine, and brought it to the Answerdam collective for distribution to other members.
Lindbergh kept Jackson on the stand for over three hours questioning him about every detail of the cultivation. At one point, Lindbergh’s face turned red, he raised his voice and began shouting at Jovan in what appeared to be frustration. The Judge had to stop Linbergh several times throughout the proceedings and instruct him on proper court etiquette including how to properly form a question for a witness. This questioning and badgering of Jovan Jackson on the witness stand went on as Dumanis’ #1, Steve Walters, along with five other prosecutors sat in the courtroom, intimidating Jackson and helping the prosecution.
In a previous statement regarding this case, Joe Elford, ASA Chief Counsel said "To deny a medical marijuana provider the ability to defend himself in court based on an argument that what he did was illegal, not only ignores relevant medical marijuana law, but also smacks of circular logic, Dumanis appears against the wall in trying to prove her ill-reasoned legal theory and is attempting anything that will give her the advantage at trial."
Although the Judge initially seemed determined to keep the medical marijuana defense out, it appeared that after having heard all the testimony, and realizing that he would be making a serious mistake and committing a grave injustice, Judge Shore decided to hold off on making a decision until the following day.
Jovan Jackson is due back in court on Tuesday at 9:00am to hear Lindbergh’s final attempts at keeping him from having a fair trial and to hear the Judges final decision.
This will be a pivotal moment in the case and your support in the courtroom is needed. Please come out and help us show the Judge that the community supports Mr. Jackson, and expects a fair trial in state court.
Sunday, August 29, 2010
Support SJR 14 to Help Change Federal Law!
Please take a moment to contact your representative in the California Assembly and ask him or her to vote yes on SJR 14. You can find out who your representative is by visiting http://www.leginfo.ca.gov/yourleg.html or calling (916) 319-2856. Please do this today. The vote could come at any time!
SJR 14 calls for (1) an end federal raids, intimidation, and interference with state medical cannabis laws, (2) policies and laws to encourage advanced clinical research trials into the therapeutic use of cannabis, (3) an affirmative defense to medical cannabis charges in federal court, and (4) a comprehensive federal medical cannabis policy that ensures safe and legal access for patients.
When approved by the California Assembly, SJR 14 will become an important part of ASA’s national campaign to protect patients’ rights and change federal medical cannabis law. This is important right now. Federal raids have slowed under the Obama Administration, but they have not stopped all together. Federal interference and intimidation are still very real, and outdated federal policies block scientific research into medical cannabis.
On August 24, 2009, the California Senate passed SJR 14 by a vote of 23-15.
We have only a short time to get this resolution adopted this year. Please visit our online action center today to urge your California state senator to support support Senator Leno’s SJR 14.
SJR 14 Resources:
Saturday, August 28, 2010
Court Support RIVERSIDE – Ronald Naulls
WHAT: Ronald Bradley Naulls - Healing Nations Collective of Corona
WHEN: 8/30/2010 – 8:30am
WHERE: U.S. District & Bankruptcy Court, Central District of California - Judge Phillips - 3470 Twelfth St - Riverside, CA 92501
THE NAULLS FAMILY LEGAL DEFENSE FUND
Federal War on Medical Marijuana Becomes a War on Children: Three Little Girls, ages 1, 3, and 5, seized in DEA raid.
A church-going family man who used medical marijuana to ease chronic pain from injuries sustained in a 2001 car accident, Ronald Naulls already had two successful careers - one as an IT consultant and another in real estate - when (in early 2006) he established the Healing Nations Collective in Corona (Riverside County) to save fellow patients the hours-long drive to Los Angeles for medicine.
Healing Nations was a model collective in every way. It served its patient-members well and followed state and local law. It maintained strict dress codes and professional standards for all employees. It paid state taxes - amounting to several hundred thousand dollars a year - even when loose tax regulations allowed other dispensaries to slip through the cracks. Proceeds from the dispensary went to local and national cancer organizations.
Nevertheless, at 5:50 a.m., July 17, 2007, after a year of successful zoning litigation with the city, Naulls's home and the collective were invaded by DEA agents armed with shotguns, automatic rifles - even helicopters. They seized everything: His property. All of his personal accounts. And all of the collective's assets. Naulls was arrested and is now facing federal prosecution for distribution of medical cannabis.
But that wasn't the worst of it. County child protective services came along on the raid and took Naulls's three little girls, ages 1, 3, and 5, and charged him and his wife with child endangerment. They weren't even accused of breaking any state laws.
When Naulls spoke to his children in their confidential foster home, the big sister said, "Daddy, we're ready to come home now, we promise to be good."
Of course, they were too young to understand that they were victims of the strong-arm tactics of drug warriors whose goal was to make Naulls regret helping fellow patients receive their medicine in a safe, compassionate environment. Who cares if that means ruining a family financially, imprisoning the parents, and traumatizing the children?
If you care, you can help Green-Aid help the Naulls to fight this alarming case. It's time to stop the war on children and parents. DONATE NOW!
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From: Ronnie Naulls
Date: August 24, 2010 8:20:13 PM PDT
Subject: Sentencing (This Is It)
Hello Everyone,
Well there is most likely a 99.9% chance the final chapter of Healing Nations Collective of Corona, CA will be written.
On Monday August 30th, at 8:30am my sentencing will commence. I'm sure the Judge will be well prepared for our impending turnout wearing our ribbons of solidarity. This may well be the last Medical Marijuana prosecution, conviction and sentencing in Riverside County as we know it. It would be all the more humbling to be formally sentenced as a convict with supporters, patients, family and friends there from the beginning till the end. It brings me to tears as I reflect on how long and uncertain the journey has been over the past 3 years and that it will end on Monday. If I had to do it all over again I wouldn't change a thing. Thank you everyone for your support, guidance, emotionally, physically and financially. We (The Naulls Family) could not have done it without YOU!
God Bless and look forward to seeing you all on Monday.
U.S. District & Bankruptcy Court, Central District of California
Courtroom Judge Virginia Phillips - 3470 Twelfth St - Riverside, CA 92501 - 8:30am
Regards,
-Ronald Bradley Naulls
