By: Eugene Davidovich
The courtroom was packed this morning when the prosecution started the day by presenting an additional witness. The property manager for the building in which Answerdam Alternative Care Collective was located was called to the stand. The witness said that there was in fact a collective called Answerdam and that it was located in that building. He was not able to identify Jovan as the sole “Owner” of the facility, as he testified that several people from the collective were around and that he had received phone calls and had interacted with multiple members of the collective.
Following the prosecution’s witness, Mr. Paul Ford a member/patient of Answerdam was asked to testify by the defense. He discussed his condition, his membership in the collective, as well as the fact that the only place he could find a strain that was most effective for his condition was at the Answerdam Collective.
On a previous occasion, San Diego Americans for Safe Access had an opportunity to interview Mr. Ford regarding his condition. Here is what he wrote:
“In March 2007 I was diagnosed with stage 3 colon cancer. After surgery removing a large tumor and part of my colon I was given both intravenous and oral chemotherapy for six months. I was left with debilitating peripheral neuropathy from these intense chemotherapy treatments. My neurologist indicates my condition has no cure and may worsen. I have considerable numbness and pain in my hands and feet and often my hands will cramp and as a result even menial tasks like dressing become impossible. After reading a study by UC San Diego regarding efficacy of medical cannabis for neuropathy http://www.nature.com/npp/journal/v34/n3/abs/npp2008120a.html I decided to try it. It is the only medication that has been effective for both pain control and the cramping and a much better alternative to opiates in terms of both side effects and efficacy. Because of medical cannabis I can function and not become a burden on society. This useful medication should be covered under my health plan.”
Following Mr. Ford’s testimony, the prosecution presented its closing arguments.
It is customary not to object or interrupt the prosecution and the defense when they are presenting the closing arguments, so when the Prosecutor Chris Linbergh presented his closing arguments, the defense did not interrupt or raise any objections. Linberg was allowed to misstate the law, inflame, and lie to the jury by not disclosing the fact that Mr. Pits a member of Answerdam was a Prosecutor in the DA’s office and that in order to be a legal collective everyone had to physically participate in the grow.
Not only was Mr. Pitts a District Attorney who was a patient obtaining cannabis legally from Answerdam, if the Jury follows the prosecution’s theory, then all medical cannabis patients that were members of Answerdam, along with Mr. Pitts, would be guilty of aiding and abetting.
This simple rule of etiquette was not observed by the prosecution. When the defense was presenting their closing arguments, Chris Linbergh interrupted three times. Each time Judge Bashant overruled his objections and forced him to stay quiet.
Through the prosecutions interruptions, objections, and hate the defense was able to close its arguments and reiterate the fact that even though the prosecution believes otherwise, California State Law allows for the use of medical cannabis, and does in fact allow patients to legitimately obtain medical cannabis from a collective without having to garden themselves. The prosecution would have you believe that an elderly grandmother with glaucoma is required to participate in the actual harvesting, growing, etc. in order to legally obtain cannabis.
The defense also reminded the jury that all the “experts” presented to them by the prosecution had no more than one hour of training in their entire careers in medical cannabis, and that this training resulted in their opinion that “It’s all illegal”.
After another round of attacks by the prosecution, the jury was instructed by the Judge on the law and all the other rules related to deliberation. This afternoon at 2:45pm the jury began its deliberations.
For the first time out of all the arrest in Bonnie Dumanis’ Operation Green Rx raids this jury was instructed to consider the fact that Mr. Jackson was a legitimate medical marijuana patients, and that there is an affirmative defense for Collective / Cooperative cultivation.
Let’s hope the jury sees through the prosecutions prejudicial and inflammatory statements and returns with a Not Guilty verdict.
We will continue to keep you updated as the verdict comes out!
www.SafeAccessSD.org
Monday, November 30, 2009
Jury is Deliberating in Jovan Jackson MMJ Trial
Sunday, November 29, 2009
COURT SUPPORT - Jovan Jackson Trial Closing Arguments
Friday, November 27, 2009
San Diego Hypocrisy & Medical Marijuana Distribution on Trial
November 25th, 2009
Posted by Kris Hermes
http://safeaccessnow.org/blog/?p=477
This story would be amusing if it wasn’t so tragic.
The Answerdam Alternative Care Collective (AACC) was a medical marijuana dispensary in San Diego. It was doing the best it could to comply with the law: it was collectively run, it did not make a profit, it verified its member patients, and it paid sales tax to the State Board of Equalization. So, what was the problem? San Diego District Attorney Bonnie Dumanis and the lack of a local ordinance with which to regulate dispensaries like AACC.
In September, Dumanis oversaw raids on more than a dozen medical marijuana dispensaries in San Diego simply because they “appear[ed] to be run by drug dealers.” Despite her lack of evidence, Dumanis arrested 31 people, one of which was Jovan Jackson of AACC. Dumanis chose to prosecute Jackson for possession and sale of medical marijuana, claiming that he sold it for profit. Unfortunately for Dumanis, Jackson’s case was a poor choice and would turn out to be an embarrassment to her office.
Unbeknownst to Dumanis at the time, Deputy District Attorney James Pitts was a member patient of AACC, and had purchased medical marijuana multiple times from the dispensary. If AACC was good enough for Pitts, why wasn’t it good enough for Dumanis? Well, we haven’t gotten to the bottom of that, but Pitts did testify in Jackson’s trial today. He confirmed that he was a patient and had signed a membership agreement, but that was about all. He’s probably sufficiently embarrassed, and “I can’t recall” should be good enough at this point. Hopefully, the hypocrisy of the District Attorney’s office won’t be lost on the jury.
It would be one thing if the prosecutor in Jackson’s case provided sufficient evidence of profiteering, but the case is more about the District Attorney’s misperception that medical marijuana “sales” are illegal under state law. Even if the state legislature, the courts, and the California Attorney General hadn’t recognized the legality of sales, Dumanis has yet to base her legal theory on any established law. Perhaps if the prosecutor, the police, and others ill-informed say it enough (“sales are illegal”), maybe it’ll come true. Hopefully not.
Closing arguments in Jackson’s trial are scheduled for Monday. The tragedy is that Jackson shouldn’t be on trial and his life has been needlessly disrupted as a result. Jackson has also endured mistreatment, including being denied the right to represent himself at trial. Hopefully, the jury will see through the “Dumanis charade” to the truth, which is that medical marijuana sales are legal and that Jackson was doing his best to comply with state law in the absence of any local law in San Diego. In order to avoid further tragedies like this, the City Council should promptly adopt an ordinance regulating dispensaries.
Wednesday, November 25, 2009
Jovan Jackson Trial UPDATE - Day 7
By: Eugene Davidovich
11/25/09, 3:50pm
This afternoon marks day 7 of the Medical Marijuana Trial of Jovan Jackson and the defenses turn to present evidence and witnesses to the Jury. The morning began with the testimony from James Pitts, a San Diego Deputy District Attorney and member of the Answerdam Collective. His testimony was brief and uneventful, much like last time he confirmed that he did visit Answerdam, had completed a membership agreement thereby joining the collective, and that he had obtained medical cannabis from Answerdam. Most of everything else that he was asked, he could not recall.
Following his testimony, the jury heard from expert witness Bill Brit, who discussed details on yields and dosages of medical cannabis, as well as the costs and effort associated with cultivation. Mr. Britt estimated that five pounds of medical cannabis for a collective which had approximately 1600 members was a low amount of medicine to have on hand. He also testified that it requires both experience and expertise to produce quality high grade medical cannabis.
Mr. Britt’s testimony was followed by testimony from another patient of Answerdam who spoke of the collectives professional appearance and quality of medication. He also discussed how much relief the medication provided from the severe chronic pain that he deals with.
Today we also heard from a San Diego anesthesiologist, Dr. Clark who now specializes in evaluating patients for the purposes of determining whether medical cannabis would be beneficial to the treatment of their symptoms. Dr Clark described the exams he conducts as well as the procedures involved with determining whether a patients is qualified to receive a recommendation for the use of medical cannabis. He also discussed his training and experience as a medical doctor and anesthesiologist.
Dr. Clark was asked if he had seen a patient by the name of Jamie Conlan. After raising a concern about patient confidentiality, Dr. Clark having been ordered by the judge to disclose the information, went on to describe his interaction with this patient. In May of last year, Dr. Clark recalled, a man by the name of Jamie Conlan coming to his office and complaining of severe anxiety and insomnia. Mr. Conlan presented a valid California Drivers License as proof of his identity. After asking questions about Jamie Conlan’s medical history, as well as reviewing the forms Mr. Conlan completed prior to the visit, Dr. Clark learned that this patient had used cannabis to treat his symptoms for years prior to that day and that Jamie found tremendous relief from its use. In accordance with State Law Dr. Clark recommended the use of medical cannabis to Jamie Conlan.
Dr. Clark went on to talk about the fact that some time later he learned that this was an undercover officer who had lied to him about his identity and that the real name of this individual was Detective Scott Henderson of the San Diego Regional Narcotics Task Force.
In light of the Thanksgiving holiday, Judge Bashant decided to dismiss the jury early. At 11:30am the twelve jurors and one alternate were dismissed for the week. Both the defense and prosecution stayed behind to discuss briefly the jury instruction as well as a few other administrative matters.
The trial is set to continue on Monday November 30th at 9:00am in Department 33. It is expected that both sides will rest that day and that the jury will begin deliberations on Monday afternoon.
Although much prejudice was introduced by the prosecution into the trial, it would appear that for the first time out of all the arrest in the last three rounds of raids by the DA, this will be the first case where the jury will get to actually consider both the medical marijuana defense as well as the collective cooperative defense. The future of medical cannabis collectives and cooperatives in San Diego hinges on this case and a few others currently working their way through the courts.
Sunday, November 22, 2009
Court Support for Jovan Jackson on Monday 9am
Jury has been selected, opening arguments have begun, and the first Medical Marijuana trial in State court is on its way. The future medical marijuana laws, regulations, and enforcement hinges on this and cases currently working their way through the system.
Lets pack the courtroom and make sure Jovan knows that the community is behind him and that we will not tolerate Operation Green Rx and the eradication of Safe Access to medical cannabis in San Diego.
Trial Continues in Department 33 at 9:30am in the San Diego Superior Court at 220 W Broadway San Diego, CA 92101-3886 on Monday November 23, 2009.
Eugene Davidovich
San Diego Americans for Safe Access
Saturday, November 21, 2009
Patients of Answerdam - help support your collective
Wednesday, November 18, 2009
Jovan Jackson Trial UPDATE - Day 2 (Tuesday)
By: Eugene Davidovich
Tuesday, November 17, 2009 was day two in the medical marijuana trial of Mr. Jovan Jackson of Answerdam Alternative Care Collective (AAC). The proceedings began at 8:30 in Department 33 of the San Diego Superior Court with Judge Cynthia Bashant presiding. The courtroom was half packed with a number of Mr. Jackson’s friends, family, and supporters. Local media was also present with cameras recording medical marijuana history in the making.
Judge Bashant first heard in limine motions which included attempts by the prosecution to exclude evidence helpful to Mr. Jackson’s case. The most absurd example of this was the argument by Prosecutor Chris Lindbergh to not allow Mr. Jackson to present the fact that he is a legitimate medical cannabis patient to the Jury in state court. With Mr. Jackson’s doctor ready and willing to testify to the legitimacy of Mr. Jackson’s recommendation, and the laws in place to allow for such a defense, the prosecution still fought hard not to allow it.
Chris Lindbergh also argued that one of the witnesses the defense was hoping to hear from should not be allowed to testify. The arguments were heard without any mention of the witness’ name, and only innuendoes as his high profile employment.
In short, the morning did not go in the prosecutions favor. Judge Cynthia Bashant ruled that that Mr. Jackson is a legitimate patient and will be allowed to present to the jury this fact as well as the fact that he was part of a collective / cooperative, a defense also attempted to be excluded by the prosecution.
The next ruling included to issue of the unknown witness. Judge Bashant ruled that the public has a right to now the identity of the high profile witness and that at 10:30 the same day the witness would be called to the stand for testimony to see if there is relevance for his appearance during trial.
The witnesses name was shortly released by the judge and we now know him to be Mr. James Pitts a well known and experienced prosecutor in the San Diego District Attorney’s office.
At 10:30 Prosecutor Pitts was called to the stand. He was asked a series of questions about his involvement in the AAC collective. Mr. Pitts confirmed that he was in fact a medical marijuana patients, that he had gone to AAC, the same collective Mr. Jackson was part of and that he had joined the collective by completing a written membership agreement, and had in fact obtained medicine from AAC for which he financially reimbursed the collective.
Mr. Pitts also volunteered his opinion on pricing and other issues and when asked what he based his opinion on, the courtroom was surprised to hear that he was basing it on his experience as a prosecutor rather than a patient.
Judge Bashant ruled that Mr. Pitts could testify but could not reveal his occupation as a prosecutor with the DA’s office to the jury.
The news of a prosecutor being a medical marijuana patient and bonnafide member of AAC the collective currently under prosecution by the same office, spread through the courthouse like wildfire. Mr. Pitts also confirmed that he obtained under an ounce of medication and reimbursed the collective for the cost.
Juge Bashant ruled that although Mr. Pitts could testify at trial, his occupation could not be discussed or mentioned to the jury, which would make for difficult questioning.
Proceedings are expected to resume on Thursday at 9am in Department 33.
The public is encouraged to attend and show support for Mr. Jackson as he defends our rights.
Links to local Media Coverage about Mr. Jackson's case:
http://www.cbs8.com/Global/story.asp?S=11525516
http://www.10news.com/news/21645942/detail.html
http://www.examiner.com/x-15910-San-Diego-Crime-Examiner~y2009m11d18-Defense-disclosure-San-Diego-prosecutor-a-member-of-medical-marijuana-collective
http://www.10news.com/news/21634752/detail.html
Monday, November 16, 2009
Jovan Jackson Trial UPDATE - Day 1
By: Eugene Davidovich
Today at 3pm the trial of Jovan Jackson began in Department 33. The preceedings started with a closed discussion in the judges chambers with Lance Rogers, Mr. Jackson's attorney and Chris Linbergh the prosecutor.
When the judge returned to the bench, she mentioned that the motions both sides intended to file deserve a thorough read through which would require for the trial to continue tomorrow morning. Both sides agreed and are expected to return tomorrow to Department 33 at 8:30am.
Tomorrow morning one of the motions the prosecution intends to file will be an attempt to bar Mr. Jackson from presenting the fact that he is a medical marijuana patient to the jury, which is a clear subversion of state law.
If prosecutors as standard trial procedure are allowed to bar the medical marijuana defense for legitimate patients and taint the jury by not allowing them to hear the truth, then what kind of justice is this? Must be some kind of twisted 'Dumanis' Justice.
Please support Jovan as he fights for our rights. Safe access is under attack in San Diego.
Help stop Operation Green Rx and these bias driven prosecutions. Your support and presence in the courtroom is needed and will help send a clear message to the Judge and Prosecution that the San Diego community will not tolerate this waste of tax payers dollars and the continued subversion of state law by a select bias driven few.
Court Begins at 8:30 Department 33
San Diego Superior Court
220 W Broadway San Diego, CA 92101
Channel 10 Coverage from today's court date: Deputy DA May be Defense Witncess In Medical Cannabis Trial
Jovan Jackson Trial TODAY 3pm - Dpt. 33
Friday, November 13, 2009
Protest against HARM MMJ Eradication Seminar
By Eugene Davidovich
On Thursday November 12, 2009, HARM (Health Advocates Rejecting Marijuana) held a “Marijuana Dispensaries: Legal Issues Seminar”. At the Carmel Valley Community Center. In attendance were law enforcement agencies, cities’ attorneys, and staff.
Although the flier sent out by HARM advertised that anyone who cares about the issue was welcome to attend, all community members who tried to RSVP for the event were turned down.
The seminar, held under the guise of “education”, was intended to teach cities and law enforcement agencies what loop holes exist in the law that they can exploit and what some other counties have done to ban ‘dispensaries’ outright.
Although the City of San Diego has created a task force to provide clarification on regulating medical cannabis dispensing collectives and cooperatives, HARM instead of working with City Council, or providing support for the recovery community as the funds they use are intended for, is spending taxpayers’ money on a seminar where they teach county and city employees on how to undermine Proposition 215.
The community did not appreciate this propagandist, misinformation seminar, nor the misappropriation of our taxpayers dollars that went to pay for law enforcement, city attorney’s and their staff to attend the event. Outside several dozen protesters gathered with signs to protest. They chanted, marched and sent a strong message that this will not be tolerated in San Diego.
Local Media was there to cover the protest:
The war on Medical Marijuana in San Diego has implication across the state and groups such as HARM understand that. This is why San Diego ASA and others in the San Diego community will continue to speak out.
Aside from the propaganda campaign, the struggle is being fought in the San Diego Courts.
Today, Friday 13, 2009, Jovan Jackson a Navy Veteran and respected member of the San Diego community was due in court to begin trial. Proceedings today lasted under an hour and included Chris Linbergh from the San Diego District Attorney’s office asking the judge for more time to prepare. The defense was ready to go and although the judge officially denied the prosecution’s request, the proceedings were continued to Monday November, 16 at 9am in Department 11.
Jovan is a victim of Bonnie Dumanis’ Operation Green Rx and is being charged as part of the Green Rx raids of August 2008, and September 9, 2009.
The communities support is critical as Jovan and others begin their trial process. Please show your support by attending the hearing on Monday, as Jovan prepares to fight for the right which was given to us thirteen years ago.
Jovan Jackson – Trial
Department 11
San Diego Superior Court
220 W Broadway San Diego, CA 92101
www.SafeAccessSD.org
Thursday, November 12, 2009
Protest Against HARM’s Medical Marijuana Eradication Seminar TODAY @ 2PM - 4PM
Carmel Valley Community Center
3777 Townsgate Drive, San Diego 92130
HARM’s Medical Marijuana Eradication Seminar
HARM is a local San Diego County funded group whose goal is to decrease the accessibility of medical marijuana. This part of their mission should outrage any citizen who values their vote and believes in safe access for patients.
HARM is comprised of members of the North Coastal Prevention Coalition and the San Dieguito Alliance and is funded by our county tax dollars, dedicated to preventing the "normalization" of marijuana. They intend to reach this goal by spreading lies and propaganda about marijuana in general, and the eradication of all legitimate uses of this plant is instrumental in their campaign.
HARM claims that over 200 municipalities have successfully banned medical cannabis. They are bringing Martin J Mayer, general counsel to the California Police Chiefs and Sheriff's associations, in to advise the public and policymakers on doing the same in our community.
The community at large does not support this misuse of county funds. The continued subversion of state law, misinformation / propaganda, and the bias driven harassment, prosecution, and intimidation of patients must stop.
Today there are expected close to fifty people protesting this effort to subvert state law and spread propaganda throughout our community.
When: Thursday, November 12
Where: Carmel Valley Community Center
3777 Townsgate Drive, San Diego 92130
Directions: I-5 to Del Mar Heights Road (East);
South on El Camino Real; East on Townsgate Drive
For questions please contact:
Eugene Davidovich, San Diego Americans for Safe Access
T:619-446-9786
www.safeaccesssd.org
Tuesday, November 10, 2009
AMA Report Recognizes Medical Benefits of Marijuana, Urges Further Research
Largest and oldest U.S. physician-based group reverses long-held position on medical marijuana
Houston, TX -- The American Medical Association (AMA) voted today to reverse its long-held position that marijuana be retained as a Schedule I substance with no medical value. The AMA adopted a report drafted by the AMA Council on Science and Public Health (CSAPH) entitled, "Use of Cannabis for Medicinal Purposes," which affirmed the therapeutic benefits of marijuana and called for further research. The CSAPH report concluded that, "short term controlled trials indicate that smoked cannabis reduces neuropathic pain, improves appetite and caloric intake especially in patients with reduced muscle mass, and may relieve spasticity and pain in patients with multiple sclerosis." Furthermore, the report urges that "the Schedule I status of marijuana be reviewed with the goal of facilitating clinical research and development of cannabinoid-based medicines, and alternate delivery methods."
The change of position by the largest physician-based group in the country was precipitated in part by a resolution adopted in June of 2008 by the Medical Student Section (MSS) of the AMA in support of the reclassification of marijuana's status as a Schedule I substance. In the past year, the AMA has considered three resolutions dealing with medical marijuana, which also helped to influence the report and its recommendations. The AMA vote on the report took place in Houston, Texas during the organization's annual Interim Meeting of the House of Delegates. The last AMA position, adopted 8 years ago, called for maintaining marijuana as a Schedule I substance, with no medical value.
"It's been 72 years since the AMA has officially recognized that marijuana has both already-demonstrated and future-promising medical utility," said Sunil Aggarwal, Ph.D., the medical student who spearheaded both the passage of the June 2008 resolution by the MSS and one of the CSAPH report's designated expert reviewers. "The AMA has written an extensive, well-documented, evidence-based report that they are seeking to publish in a peer-reviewed journal that will help to educate the medical community about the scientific basis of botanical cannabis-based medicines." Aggarwal is also on the Medical & Scientific Advisory Board of Americans for Safe Access (ASA), the largest medical marijuana advocacy organization in the U.S.
The AMA's about face on medical marijuana follows an announcement by the Obama Administration in October discouraging U.S. Attorneys from taking enforcement actions in medical marijuana states. In February 2008, a resolution was adopted by the American College of Physicians (ACP), the country's second largest physician group and the largest organization of doctors of internal medicine. The ACP resolution called for an "evidence-based review of marijuana's status as a Schedule I controlled substance to determine whether it should be reclassified to a different schedule. "The two largest physician groups in the U.S. have established medical marijuana as a health care issue that must be addressed," said ASA Government Affairs Director Caren Woodson. "Both organizations have underscored the need for change by placing patients above politics."
Though the CSAPH report has not been officially released to the public, AMA documentation indicates that it: "(1) provides a brief historical perspective on the use of cannabis as medicine; (2) examines the current federal and
state-based legal envelope relevant to the medical use of cannabis; (3) provides a brief overview of our current understanding of the pharmacology and physiology of the endocannabinoid system; (4) reviews clinical trials on the relative safety and efficacy of smoked cannabis and botanical-based products; and (5) places this information in perspective with respect to the current drug regulatory framework."
Further information:
Executive Summary of AMA Report: http://AmericansForSafeAccess.org/downloads/AMA_Report_Executive_Summary.pdf
Recommendations of AMA Report: http://AmericansForSafeAccess.org/downloads/AMA_Report_Recommendations.pdf
American College of Physicians resolution: http://www.acponline.org/advocacy/where_we_stand/other_issues/medmarijuana.pdf
Monday, November 9, 2009
Protest Against HARM’s Medical Marijuana Eradication Seminar November 12 @ 2PM - 4PM
Carmel Valley Community Center
Come out and Protest against:
HARM is a local San Diego County funded group whose goal is to decrease the accessibility of medical marijuana. This part of their mission should outrage any citizen who values their vote and believes in safe access for patients.
This group is well funded by the county and is comprised of members of the North Coastal Prevention Coalition and the San Dieguito Alliance this Thursday November 12, 2009 they will be holding a seminar on eradicating medical marijuana.
Some of the presenters include:
- General Counsel, California Police Chiefs Association (CPCA)
- General Counsel, California State Sheriffs Association (CSSA)
- California Peace Officers Association (CPOA)
The continued subversion of state law, misinformation / propaganda, and the bias driven harassment, prosecution, and intimidation of patients must stop.
Let’s make sure that on Thursday, Judi Strang and John Byrom the facilitator of this event know that we will not tolerate this unlawful training seminar nor will the community continue to tolerate this misuse of taxpayer dollars.
When: Thursday, November 12
Directions: I-5 to Del Mar Heights Road (East);
Protest Against HARM’s Medical Marijuana Eradication Seminar November 12 @ 7PM
HARM is a local San Diego County funded group whose goal is to decrease the accessibility of medical marijuana. This part of their mission should outrage any citizen who values their vote and believes in safe access for patients.
This group is well funded by the county and is comprised of members of the North Coastal Prevention Coalition and the San Dieguito Alliance this Thursday November 12, 2009 they will be holding a seminar on eradicating medical marijuana.
Some of the presenters include:
- General Counsel, California Police Chiefs Association (CPCA)
- General Counsel, California State Sheriffs Association (CSSA)
- California Peace Officers Association (CPOA)
The continued subversion of state law, misinformation / propaganda, and the bias driven harassment, prosecution, and intimidation of patients must stop.
Let’s make sure that on Thursday, Judi Strang and John Byrom the facilitator of this event know that we will not tolerate this unlawful training seminar nor will the community continue to tolerate this misuse of taxpayer dollars.
When: Thursday, November 12
Friday, November 6, 2009
San Diego Medical Marijuana Task Force Meeting Update
By Eugene Davidovich
November 6, 2009 2:15pm
San Diego ASA would like to extend a sincere thank you to each and every one of the task force members for volunteering their time and energy as well as for being patient in hearing out the recommendations and opinions of concerned citizens and patients alike.
Today the San Diego Medical Marijuana Task Force met for the final time this year. The issues discussed included what zoning category to use, how to verify whether the operation is non profit, and permit renewal and expiration issues. The task force came to an agreement on a recommendation which will be presented to the San Diego City Council.
The recommendation will include a two tiered permitting system, specific hours of operation, sign/lighting requirements, as well a recommended zoning and land use for dispensing collectives and cooperatives.
There were several attempts made by special interest groups to sway the task force away from discussing sensible regulations and focus them on the debate of whether cannabis is medicine, but they were not successful.
Rudy Reyes, Craig Beresh, and many others were on hand to testify to each item as well as give guidance and answer questions posed by the task force members. In fact, the atmosphere in the council chambers was one of unity, solidarity, and collaboration between all the concerned parties.
We as a community sincerely hope that a patient oriented solution that everyone can live with, will be reached through collaboration as demonstrated by the task force, rather than litigation and prosecution as demonstrated by the District Attorney’s Office.
San Diego ASA
www.safeaccesssd.org
Thursday, November 5, 2009
San Diego Medical Marijuana Task Force Final Meeting
By Eugene Davidovich
The San Diego Medical Marijuana Task Force will meet for the fifth and final time on Friday November 6, 2009.
The issues on the agenda include zone use for locations of dispensing collectives and cooperatives, how to verify that the operation is non profit, permitting, as well as the final approval of a draft Medical Marijuana Task Force land use recommendation to the San Diego City Council.
Your support is critical as this will be the last time for your input to the task force prior to their land use recommendation.
The official agenda is available below as well as on the MMTF website.
Alex Kreit, Chair
Stephen Whitburn, Vice Chair
AGENDA FOR
FRIDAY, NOVEMBER 6, 2009, AT 9:00 A.M.
COUNCIL CHAMBERS (12TH FLOOR),
CITY ADMINISTRATION BUILDING
202 C STREET, SAN DIEGO, CALIFORNIA
For information, contact Kim Nguyen, Council District Seven
202 C Street, 3rd Floor, San Diego, CA 92101
Email: KLNguyen@sandiego.gov
(619) 236-7042
NON-AGENDA PUBLIC COMMENT
TASK FORCE COMMENT
CITY ATTORNEY AND IBA STAFF COMMENT
APPROVAL OF MINUTES FROM OCTOBER 30, 2009
ACTION ITEMS
ITEM 1 – Appropriate land use zones for locations of dispensing cooperatives and collectives
ITEM 2 – Verification of not-for-profit status and other required business documents
ITEM 3 – Discretionary permit expirations and renewals
ITEM 4 – Approval of the draft Medical Marijuana Task Force land use recommendations to the San Diego City Council
San Diego Planning Comission - MMJ Issue Not Heard
By Eugene Davidovich
Today on the agenda for the San Diego Planning Commission, the determination for zoning of a medical marijuana cooperative was to be discussed. New Earth Beginnings a local non profit cooperative had applied and paid the required $5,010.00 to have the commission examine the issue.
The official agenda item read as follows:
NEW EARTH BEGINNINGS – PROJECT NO. 193751
City Council District: All Plan Area: Citywide
Staff: Richard Rhoads
Issue – To obtain a Planning Commission determination regarding the appropriate zoning use category and subcategory for medical marijuana cooperatives and collectives per LDC 131.0110 (b).
Does the LDC currently contain an appropriate Use Category for medical marijuana cooperatives and collectives?
If so, what use category and subcategory should be used?
TODAY'S ACTION IS:
Process 4. Approve or deny the project
DEPARTMENT RECOMMENDATION:
Deny the project
It was clear before the item was heard by the planning commission that the request was going to be denied. The reasons for the denial were not clear. According to New Earth Beginning the only contact that was made with them by the planning commission was one a breif call a few days ago to verify to correct mailing address.
The applicant decided to withdraw the application prior to the discussion and recommendation, and the issue was taken off the agenda and not heard by the planning commission.
Alex Kreit and Stephen Whitburn of the San Diego Medical Marijuana Task Force were both present for information gathering purposes.
Rudy Reyes, Wendy Kristakes, as well as other concerned citizens and members of San Diego Americans for Safe Access turned out to support New Earth in their application process. John Lamb of San Diego CityBeat was also there to cover the event.
Although the hearing did not occur, the discussion that took place outside the council chamber doors among the supporters, New Earth Beginning, and the task force members was one of collaboration, unity, and support.
Everyone agrees that San Diego does not need resource-draining, bias driven prosecutions, continued harassment and intimidation of patients, and the misrepresentation of the actual law by out District Attorney and a select few in our leadership.
It is clear that we need patient oriented, sensible, and legal regulations that allow for safe access to the medicine that so many patients in our community rely on.
Tomorrow at 9am the San Diego Medical Marijuana Task Force will meet for the fifth and final time this year to discuss Zoning issues.
Come out, get involved, and let your recommendation and voices be heard.
11/6/2009 - 9am - Conference Room A - 202 C St. 12th Floor San Diego, CA 92101
Wednesday, November 4, 2009
San Diego Planning Commission to Hear Medical Marijuana Zoning Issue
by Eugene Davidovich
November 5, 2009 at 9am the San Diego Planning Commission will meet to discuss a request by New Earth Beginnings for a determination regarding the appropriate zoning use category and subcategory for medical marijuana cooperatives and collectives in the city.
The agenda item is listed below:
NEW EARTH BEGINNINGS – PROJECT NO. 193751
City Council District: All Plan Area: Citywide
Staff: Richard Rhoads
Issue – To obtain a Planning Commission determination regarding the appropriate zoning use category and subcategory for medical marijuana cooperatives and collectives per LDC 131.0110 (b).
Does the LDC currently contain an appropriate Use Category for medical marijuana cooperatives and collectives?
If so, what use category and subcategory should be used?
TODAY'S ACTION IS:
Process 4. Approve or deny the project
DEPARTMENT RECOMMENDATION:
Deny the project
Here are comments from New Earth about the application:
Thank you for your support and thoughtful insight. Believe it or not, we were contacted by the Planning Commission on Monday with regard to our correct address. They never contacted us regarding any other information nor were we contacted regarding tomorrow's decision. We have made every attempt to follow all of the supposed "necessary" steps to establish the correct zoning. Obviously the $5,010.00 that we paid for the Planning Commission to fit us in under an existing LDC code or sub code or to establish a new code was not effective.
Futhermore, we were never informed that it could be denied. Hopefully they will look at what you have attached and take it to heart. Unfortunately it seems a bit of a "pass off" by the Planning Commission in order to let the Task Force handle this issue. We would rather see the issue be tabled for a later date to give the Task Force the opportunity to establish zoning. However, it would be nice to understand the process that has taken place to this point with regard to our dispute of the zoning decision.
Hope to see you all there tomorrow.
New Earth
Please come out and support New Earth and their attempt to follow the law and provide safe access to San Diegans at 9am at 202 C Street 12th Floor, San Diego CA 92101
www.safeaccesssd.org
San Diego Mayor Will Participate
by Eugene Davidovich
“Office of the Mayor will be involved in the final decisions once that point in the process is reached”
Ron Lacey, Office of the Mayor
San Diego ASA and many in the city have urged the Mayor to participate in the task force.
The Mayor's office has issued a statement :
The City Council has taken the lead on this matter and the Office of the Mayor will address the recommendations of the Citizens Task Force on Marijuana once their report and recommendations are complete.
The Office of the Mayor appreciated your input, but the Mayor has declined to be involved directly at this point. Rest assured that the Office of the Mayor will be involved in the final decisions once that point in the process is reached.
Ron E Lacey
Community Outreach
Office of the Mayor
619-236-7168
rlacey@sandiego.gov
Eugene Davidovich
San Diego Americans for Safe Access
www.safeaccesssd.org
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