Protect Local Access - Oppose SB 847

Dear ASA Members & Friends,

The California Senate will vote soon on a bill that will make it much more difficult to establish a legal medical cannabis patients’ cooperative or collective. Senator Lou Correa’s (D-Santa Ana) SB 847 will require that all cooperatives and collectives be located at least 600 feet from residential zones or use – effectively excluding vast portions of most California cities. This would be on top of the existing requirement that facilities be located 600 feet from schools.

Americans for Safe Access (ASA) is calling on medical cannabis patients and supporters to oppose SB 847 today. ASA's Online Action Center makes it easy to find your Senator and send a message right now.

North County SD ASA Meeting - Tuesday 5/31 - 7pm

Patients, friends, advocates,

Join us in Oceanside on Tuesday, May 31, 2011 from 7-9pm at the Fish Joint (514 South Coast Hwy Oceanside, CA) for our chapter’s monthly North County Americans for Safe Access meeting.

That evening we will be discussing the City of Oceanside’s plan to ban medical marijuana collectives as well what the community is doing to prevent the ban through the Oceanside Stop the Ban Campaign. Find out how you can help secure safe access in Oceanside.

WHAT: North County / Oceanside ASA Meeting
WHEN: Tuesday May 31, 2011, 7pm-9pm
WHERE: The Fish Joint - 514 South Coast Hwy Oceanside, CA 92054

For more information about the current state of Safe Access in Oceanside take a look at the following article: Oceanside Moratorium on Dispensaries Expired; City Claims Collectives are Still Banned - http://www.safeaccesssd.org/2011/05/oceanside-moratorium-on-dispensaries.html

To RSVP for the meeting on Facebook click on: http://www.facebook.com/event.php?eid=168712326521394

Hope to see everyone in Oceanside on Tuesday!

Eugene Davidovich, Chapter Coordinator
San Diego Americans for Safe Access | www.SafeAccessSD.org

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

40,000 Signatures in Less than 30 Days; Referendum on City Council’s Medical Marijuana Ordinance Enters Signature Verification Process

40,000 Signatures in Less than 30 Days; Referendum on City Council’s Medical Marijuana Ordinance Enters Signature Verification Process

Eugene Davidovich, May 26, 2011

In April of this year, the San Diego City Council passed an ordinance that effectively denied safe access to thousands of patients in the city. If left as is, it would have negatively impacted the most vulnerable members of our community by cutting off access to their medicine.

As the ordinance is written, all locations where patients currently safely obtain their medicine, would be forced to shutter their doors and only a small handful would be allowed to open in far flung industrial areas of the City, only after coming into compliance with an onerous year-long conditional use permit process.

The City Council rather than considering amendments to the ordinance suggested by their own medical marijuana task force and thousands of concerned citizens who wrote letters as part of the City’s largest letter writing campaign, on April 12 approved the restrictions and ignored the unprecedented public opposition.

After the City Council’s ordinance took effect at the end of April and with only 30 days to circulate a petition to repeal the ordinance, a group of collective directors quickly organized and formed the Patient Care Association and Citizens for Patient Rights Political Action Committee. Comprised of over 50 local medical marijuana collectives, the association within days raised enough funds to hire the La Jolla Group, a professional signature gathering company, and undertook a massive effort to gather enough signatures to repeal the ordinance through a referendum process.

San Diego Americans for Safe Access (ASA), the local chapter of the nation’s largest medical marijuana patients’ rights advocacy group, provided the association with direction and guidance on messaging as well as an alternative ordinance to propose to voters following the referendum. At the same time ASA’s legal department began to gear up for a lawsuit with the city and on April 28, sent a letter to the City urging them to ease up their restriction or face a challenge in court.

As announced by San Diego ASA on May 4th, the referendum signature drive was underway and in less than 30 days, the La Jolla Group as well as all the collectives involved, gathered over 40,000 signatures, proving yet again the medical marijuana community in San Diego to be a serious political force.

The signatures are expected to be turned in to the City Clerk’s office on Friday, May 26 and will effectively place on hold the overly restrictive ordinance passed by the council from becoming law in the City.

Once the Clerk’s office turns the signatures over to the County’s Registrar of Voters, the verification process will begin and as required by law must be completed within 30 days. If the registrar confirms there are enough valid signatures, the Council will be forced to make a decision; place their overly restrictive ordinance on the ballot for a vote of the people or repeal it at the next available council meeting.

If the City forces the referendum to a vote and decides against repealing the ordinance, depending on the date the signatures are determined valid by the Registrar of Voters, the City may have to call a special election costing millions, or instead place the ordinance on the June 2012 primary ballot for a vote.

As for the effort currently underway by Code Enforcement to shut the existing facilities down, according to the City Attorney’s office, the status quo will be maintained. Landlords will continue to be harassed, patients will continue to face threats of lawsuits and intimidation, and they City Attorney plans on continuing to wage their war on patients. Their official position remains unchanged; the facilities currently operating would still be doing so without a valid business license and with no zoning in the City’s municipal code to allow for their use.

The voting residents of San Diego overwhelmingly support safe and reliable access to medical cannabis for qualified patients in their neighborhood and are against the restrictions approved by the council as well as the effort to shut the existing facilities down. The San Diego community hopes the council will move forward with adopting the recommendations of the Medical Marijuana Task Force and amend the overly restrictive ordinance.

If the City refuses to respect the recommendations of their own task force and continues on the path to shut access down without providing a reasonable alternative, they will face continued litigation and the medical marijuana community plans on quickly moving forward with a voter initiative which would once and for all, create reasonable rules and clarity for patients in the City to follow.

Further Information:
For more information about the Citizens for Patient Rights PAC visit:
www.citizens4patientrights.org
SD ASA’s May 4 Announcement about Referendum:
http://www.safeaccesssd.org/2011/05/patient-care-association-of-california.html
ASA threatens to sue City of San Diego:
http://americansforsafeaccess.org/downloads/San_Diego_Demand_Letter.pdf
City Council Medical Marijuana Ordinance:
http://americansforsafeaccess.org/downloads/City_of_San_Diego_Ordinance.pdf
For the latest information on medical marijuana in San Diego visit:
www.safeaccesssd.org

Oceanside Moratorium on Dispensaries Expired; City Claims Collectives are Still Banned

By: Eugene Davidovich, May 26, 2011

Oceanside, CA – On May 13 of 2009, over the vocal opposition of dozens of patients, residents, and medical cannabis advocates, the City enacted an ordinance prohibiting medical marijuana dispensaries within city limits by enacting an ‘urgency moratorium’. This temporary ban was to expire a few weeks later on June 27 after the City had a chance to figure out what direction to take.

Instead of moving towards reasonable regulations, on June 17, the Council extended the moratorium for a full year citing the need for more time to do adequate research as the reason for the extension, making the new expiration date May 12, 2010. In the meantime, the City Manager was to review and consider options for the regulation of medical marijuana dispensaries and the public told safe access was coming.

Shortly before the one year moratorium expired in May of 2010, the city decided to extend it for another year citing the need for more time again as the reason. This time, it was the last extension allowed by law and the new and final expiration date was now May 12, 2011.

For two years under this moratorium patients in Oceanside have been waiting for the council to adopt reasonable regulations allowing for safe access in the city, the council instead has taken an entirely different path. They have launched an all out assault/eradication effort on the existing facilities through lawsuits, injunctions and threats. The City even went as far as changing the city’s zoning laws during the moratorium to prevent dispensaries from opening unless they applied for a change in the code which would automatically be denied.

The May 12 deadline came and went, no ordinance has been developed or even proposed by the council and for hundreds of sick and dying patients in the Oceanside it is clear the City’s intent was never to respect the will of the voters, rather it was to create more delays.

Patients in Oceanside are sick and tired of this continued bias driven effort to eradicate safe access to their medicine. Continued delays, stall tactics, lawsuits, threats and harassment have resulted in an environment of fear where sick and dying patients are forced to obtain their medicine from illicit sources rather than from safe, reliable and regulated dispensing centers in the City.

In response to the continued delays and the City’s eradication effort, led by the San Diego Chapter of Americans for Safe Access, advocates, patients, and Oceanside residents launched the Oceanside Stop the Ban Campaign. This effort aims to connect the Oceanside City Council members with their constituents who overwhelmingly support safe and reliable access to medical marijuana in their neighborhoods.
To date, the campaign has collected over 160 letters from Oceanside residents all writing the Council, urging them to protect the most vulnerable members through reasonable ordinances.

The letters state, “Patients in Oceanside with no space to cultivate cannabis, those without the requisite gardening skills to grow their own, and, most critically, those who face the sudden onset of a serious illness or who have suffered a catastrophic illness — all tend to rely on dispensaries as a compassionate, community-based solution that is an alternative to potentially dangerous illicit market transactions”.

The Oceanside Stop the Ban Campaign needs your help! If you support safe, reliable access to medical cannabis in the Oceanside, please take a moment to call and email the City Council urging them to change their current direction and protect the most vulnerable members of our community.

To email the Mayor and all council members at once send email to: council@ci.oceanside.ca.us

Individual Contact Information

Mayor Jim Wood - jwood@ci.oceanside.ca.us - (760) 435-3059

Deputy Mayor Esther C. Sanchez - esanchez@ci.oceanside.ca.us - (760) 435-3057

Councilmember Gary Felien - gfelien@ci.oceanside.ca.us - (760) 435-3551

Councilmember Jack Feller - jfeller@ci.oceanside.ca.us - (760) 435-3056

Councilmember Jerome M. Kern - jkern@ci.oceanside.ca.us - (760) 435-3032

To get involved in the campaign and to help Stop the Ban in Oceanside join us at the Oceanside Stop the Ban Campaign meeting on Tuesday, May 31st - 7pm at the Fish Joint in Oceanside located at 514 South Coast Highway.

Further Information:

• Oceanside Stop The Ban Facebook Page 
• For more information about the campaign email: sandiegoasa@gmail.com or call San Diego ASA at 619-303-1918 and speak with one of our on duty activist volunteers.

Welcome to ASA 3.0

Three new bills in Congress and three new and improved programs at ASA

Here at ASA we fight hard for patients’ rights, and this year we’re taking a whole new approach. We’re calling it ASA 3.0. We’ve been holding stakeholders’ meetings across the nation, and we designed this approach based on what you – local activists and patients – want and need.

We need to see change on the federal level, so we have been working diligently on the Hill. And we got results: Three new bills were introduced in the House of Representatives that would protect patients and providers. The most significant of the three bills is one introduced by Congressman Frank (D-MA), which reclassifies marijuana from its current status as a dangerous drug with no medical value. The second bill, introduced by Congressman Polis (D-CO), will allow banks and other financial institutions to provide services to medical marijuana businesses without being subject to "suspicious activity" reporting requirements. The third bill, introduced by Congressman Stark (D-CA), changes the federal tax code "to allow a deduction for expenses in connection with the trade or business of selling marijuana intended for patients for medical purposes pursuant to State law."

Patient Advocates Back Three Medical Marijuana Bills Introduced Today in Congress

Advocacy group unveils new program to build more skilled, responsive grassroots force

Washington, DC -- Three medical marijuana bills were introduced today in Congress with support from patient advocates. The most significant of the three bills is one introduced by Congressman Frank (D-MA), which reclassifies marijuana from its current status as a dangerous drug with no medical value. Another bill, introduced by Congressman Polis (D-CO), will allow banks and other financial institutions to provide services to medical marijuana businesses without being subject to "suspicious activity" reporting requirements. The third bill, introduced by Congressman Stark (D-CA), changes the federal tax code "to allow a deduction for expenses in connection with the trade or business of selling marijuana intended for patients for medical purposes pursuant to State law."

Bonnie Dumanis Continues War on Collective Cultivation in San Diego

Benjamin Gasper

Cultivation charges re-filed against legitimate medical marijuana patient after being previously dismissed in the same courthouse by different Judge.

By: Terrie Best and Eugene Davidovich - San Diego Americans for Safe Access

SAN DIEGO – In the summer of 2009, Benjamin Gasper, along with two other seriously ill medical marijuana patients rented a warehouse space in the Sports Arena area of San Diego in a heavily commercial district far from residences and other “sensitive uses,” and began to collectively cultivate medical marijuana there, for their own personal medical needs.

In fact, all three members of the collective, as court documents have shown, signed an agreement which stated, “As qualified medical marijuana patients under California law, we choose to associate collectively or cooperatively to cultivate marijuana for medical purposes. All members of our medical marijuana collective will contribute labor, funds, or materials, and all will receive medicine.”

Medical Marijuana Advocates Sue Federal Government over Rescheduling Delay

Writ filed today in DC Circuit Court for unreasonable delay in answering 9-year-old petition

Washington, DC -- A Coalition of advocacy groups and patients filed suit in the DC Circuit Court today to compel the Obama administration to answer a 9-year-old petition to reclassify medical marijuana. The Coalition for Rescheduling Cannabis (CRC) has never received an answer to its 2002 petition, despite a formal recommendation in 2006 from the Department of Health and Human Services (HHS) to the Drug Enforcement Administration (DEA), the final arbiter in the rescheduling process. As recently as July 2010, the DEA issued a 54-page "Position on Marijuana," but failed to even mention the pending CRC petition. Plaintiffs in the case include the CRC, Americans for Safe Access (ASA), Patients Out of Time, as well as individually named patients, one of whom is listed on the CRC petition but died in 2005.

"The federal government's strategy has been delay, delay, delay," said Joe Elford, Chief Counsel of ASA and lead counsel on the writ. "It is far past time for the government to answer our rescheduling petition, but unfortunately we've been forced to go to court in order to get resolution." The writ of mandamus filed today accuses the government of unreasonable delay in violation of the Administrative Procedures Act. A previous cannabis (marijuana) rescheduling petition filed in 1972 went unanswered for 22 years before being denied.

The writ argues that cannabis is not a dangerous drug and that ample evidence of its therapeutic value exists based on scientific studies in the US and around the world. "Despite numerous peer-reviewed scientific studies establishing that marijuana is effective" in treating numerous medical conditions, the government "continues to deprive seriously ill persons of this needed, and often life-saving therapy by maintaining marijuana as a Schedule I substance." The writ calls out the government for unlawfully failing to answer the petition despite an Inter-Agency Advisory issued by the Food and Drug Administration in 2006 and "almost five years after receiving a 41-page memorandum from HHS stating its scientific evaluation and recommendations."

The two largest physician groups in the country -- the American Medical Association and the American College of Physicians -- have both called on the federal government to review marijuana's status as a Schedule I substance with no accepted medical use and a high potential for abuse. The National Cancer Institute, a part of the National Institutes of Health, added cannabis to its website earlier this year as a Complementary Alternative Medicine (CAM) and recognized that, "Cannabis has been used for medicinal purposes for thousands of years prior to its current status as an illegal substance."

Medical marijuana has now been decriminalized in 16 states and the District of Columbia, and has an 80% approval rating among Americans according to several polls. In a 1988 ruling on a prior rescheduling petition, the DEA's own Administrative Law Judge Francis Young recommended in favor of reclassification stating that, "Marijuana, in its natural form, is one of the safest
therapeutically active substances known to man."

A formal rejection of the CRC petition would enable the group to challenge in court the government's assertion that marijuana has no medical value. "Adhering to outdated public policy that ignores science has created a war zone for doctors and their patients who are seeking use cannabis therapeutics," said Steph Sherer, Executive Director of ASA and a plaintiff in the writ. Jon Gettman, who filed the rescheduling petition on behalf of the CRC added that, "The Obama Administration's refusal to act on this petition is an irresponsible stalling tactic."

A synthetic form of THC, the main chemical ingredient in the cannabis plant, is currently classified Schedule III for its use in a prescribed pill trademarked as Marinol®. The pill goes off-patent this year and companies vying to sell generic versions are petitioning the government to also reclassify the more economical, naturally-derived THC (from the plant) to Schedule III. The rescheduling process involves federal agencies such as the National Institute on Drug Abuse, HHS, and DEA. On average, it takes 6 months from HHS review to final action, whereas it's been nearly 5 years since HHS issued its recommendation on the CRC petition, more than twice as long as any other rescheduling petition reviewed since 2002.

Further information:
Writ filed today
CRC rescheduling petition
2006 HHS recommendation
2010 DEA Position on Marijuana

LCI - Free Marijuana Education Night - June 7

YOU are invited to Legal Cannabis Institute’s FREE Marijuana Education Night! We want you to understand cannabis and all it’s many benefits.

Medical Marijuana laws are complex! We will discuss:

• Why does society have this tainted view of cannabis?
• Is there any science behind cannabinoids?
• Is it easy to grow marijuana?
• What is all this 420, 215, Attorney General Guidelines and now 1449?

Come join the discussion of the ever changing landscape of marijuana on Tuesday, June 7th 7pm – 8:30pm for a FREE Marijuana Education Night!

WHAT: Legal Cannabis Institute’s FREE Marijuana Education Night
WHEN: Tuesday, June 7th 7pm – 8:30pm
WHERE: Legal Cannabis Institute Campus - 10459 Roselle Street A, San Diego, CA 92121

The Legal Cannabis Institute employs experienced attorneys, nurses and master growers to bring you the best cannabis education possible.

Every Saturday, we offer classes in: Starting a Canna Business, Science of Cannabis, Growing, Law Enforcement Encounters, Cooking with Cannabis, Bud--‐ tending/Patient Relations, Medical Marijuana Law, and so much more.

We hope to see you at one of our upcoming events and your friends are always welcome to join you. We want to help our students achieve their goals: personally and professionally.

Come share your plans with us. You have questions and we have answers. Welcome to your Higher Education!

RSVP for the Free Marijuana Education Night on Facebook here:
http://www.facebook.com/event.php?eid=199258893452363

Best Regards,

Nicole Scott
Executive Director
Legal Cannabis Institute
www.lcitraining.com
T: 858-864-8787
E: legalcannabisinstitute@gmail.com

ACTION ALERT: Urge Governors to Stand Up for Patient Rights

Patients, Activists, and Friends—

In the past few months, United States Attorneys General in Arizona, California, Colorado, Hawaii, Montana, Rhode Island, and Vermont  have issued letters threatening federal action against any entity, including state employees, participating in state sanctioned medical cannabis programs.  While our community has seen these types of letters under previous administrations, it is disappointing to see President Obama sanction this behavior.

While many promises have been made by Obama to end raids on the medical cannabis community, these DOJ threat letters are yet another tactic of the federal government to interfere with patients’ right to safe access.  ASA recently issued Obama’s Medical Cannabis Report Card, showing he has failed at improving conditions for our community.  These threat letters are further evidence of the broken promises of the current administration and proof  that our community is under attack. 

Over the next couple of weeks, our community must call upon our state representatives for leadership.  We must urge our governors, whether they have received a threat letter or not, to join Americans for Safe Access in a push back against the U.S. Attorneys who have issued these threat letters against our community. 

In order to make this campaign a success, your governors needs to hear from you.  As a constituent, ask for his or her leadership against federal interference.  Call your governor today and use the following script.  Please find contact information for your governor below.  The District of Columbia should reach out to Mayor Gray whose number is listed below, and also included in the electronic action alert. 

Governor (or Mayor for DC Residents)—

As a concerned medical cannabis community member and your constituent, I am worried about the impact these threat letters from the Department of Justice and the potential for federal interference will have on safe access to medical cannabis in my state.  Letters have been issued to eight states so far, and we need to send a message asserting our state’s right to safe access. We need you the lead the charge to end federal interference and work toward creating policies that will resolve the federal conflict once and for all.

Thank you.

You may also participate in our online action alert by clicking here to ask your governor and congressional leaders to take a stand for safe access.

Thank you. 

Americans for Safe Access

REPRESENTATIVE CONTACT INFORMATION

ALASKA
Governor Sean Parnell
Tel: (907) 465-3500

ARIZONA
Governor Jan Brewer
Tel:(602)542-4331

CALIFORNIA
Governor Jerry Brown
Tel:(916)445-2841

COLORADO
Governor John Hickenlooper
Tel:(303)866-2471

DISTRICT OF COLUMBIA
Mayor Vincent Gray
Tel:(202)727-2980

DELAWARE
Governor Jack Markell
Tel:(302)577-3210

HAWAII
Governor Neil Abercrombie
Tel:(808)586-0034

MAINE
Governor Paul LePage
Tel:(207)287-3531

MARYLAND
Governor Marin O'Malley
Tel:(410) 974-3901

MICHIGAN
Governor Rick Snyder
Tel:(517)373-7858

MONTANA
Governor Brian Schweitzer
Tel:(406)444-3111

NEVADA
Governor Brain Sandoval
Tel:(702)687-5670

NEW JERSEY
Governor Chris Christie
Tel:(609)292-6000

NEW MEXICO
Governor Susana Martinez
Tel:(505)827-3000

OREGON
Governor John Kitzhaber
Tel:(503)378-4582

RHODE ISLAND
Governor Lincolin Chafee
Tel:(401)277-2080 ext 227

VERMONT
Governor Peter Shumlin
Tel:(802)828-3333

WASHINGTON
Governor Christine Gregorie
Tel:(360)753-6780

Chula Vista PS Subcommittee to Discuss Medical Marijuana Wednesday May 18

Chula Vista – Public Safety Subcommittee To Discuss Medical Marijuana Dispensaries

On Wednesday, May 18, 2011, the City of Chula Vista’s Public Safety Subcommittee will be meeting to discuss “Medical Marijuana Dispensaries” and crafting their recommendations to the Chula Vista City Council. The City currently has a moratorium on dispensaries which is due to expire on June 21st of this year. At the Wednesday meeting, the subcommittee will hear reports from the City Attorney, Police Department, and the City’s Planning department. No medical marijuana patients or patient’s rights advocacy groups are officially scheduled to present.

In order to prevent the City from enacting an outright ban, it is critical that everyone who cares about this issue come out on Wednesday at 6pm to the meeting and help present a patient perspective as well as the benefits well organized dispensaries bring to the patient community as well as the surrounding neighborhood. Mark your calendars for Wednesday and take the time to attend the meeting and express your views on this issue. The prohibitionists are planning on coming out in full force and we need your help to balance the one sided view that the committee will be hearing.

WHAT: Chula Vista – Public Safety Subcommittee Discusses Medical Marijuana Dispensaries
WHEN: Wednesday, May 18, from 6 to 8 p.m.
WHERE: Chula Vista Woman’s Club, 357 G St., Chula Vista, 91910

Below is the official Press Release from the city regarding the meeting:
Chula Vista City Council - Public Safety Subcommittee - News Release


FOR IMMEDIATE RELEASE
May 13, 2011


Contact:
Leslie Wolf Branscomb
Linda Wagner
(619) 691-5044


SUBCOMMITTEE MEETS WEDNESDAY - Medical Marijuana Dispensaries on the Agenda


Chula Vista, CA – The Public Safety Subcommittee of the Chula Vista City Council will meet Wednesday to discuss the future of medical marijuana dispensaries in the city.


The city currently has a moratorium on such dispensaries. However, the moratorium is due to expire June 21.


Presentations on the topic will be given by the City Attorney, the Police Department and the city Planning Department. Chula Vista City Council members Patricia Aguilar and Steve Castaneda, who sit on the subcommittee, will present the results of the meeting to the City Council.


The Public Safety Subcommittee meeting is scheduled for Wednesday, May 18, from 6 to 8 p.m., at the Chula Vista Woman’s Club, 357 G St., Chula Vista, 91910.
##

For information about the impact of dispensaries and regulations on communities as well as to arm yourself with good arguments and information for the meeting, visit:
http://www.safeaccessnow.org/article.php?id=4339

For information about Benefits of Dispensaries to the patient community visit:
http://www.safeaccessnow.org/article.php?id=4340

Get Involved, get active, make a difference!

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

Join ASA - www.safeaccessnow.org

ASA Raid Preparedness Training 5/15 - 1pm - Legal Cannabis Institute

The Drug Enforcement Administration (DEA) and local law enforcement agencies continue to raid medical cannabis providers in San Diego County, even if their conduct is legal under state law and complies with all regulations, just this month we saw raids across different states as well as right here in San Diego County.

To help the community prepare, Americans for Safe Access will be holding a Raid Preparedness Training  Sunday May 15, 2011 at Legal Cannabis Institute Campus -10459 Roselle Street, Suite A, San Diego, CA 92121

Medical cannabis providers and patients need to prepare themselves, both mentally and operationally, for a raid until federal law is harmonized with state law and state laws are fully implemented. Preparing for a raid does not have to be an exercise in paranoia. In fact, knowing that you are as prepared as you can be may ease anxiety.

A suggested donation of $20 per person is requested.

Stay safe and prepared!

Eugene Davidovich, San Diego Area Liaison
Americans for Safe Access | www.safeaccessnow.org

Get Involved, get active, make a difference!
Visit San Diego ASA – www.safeaccesssd.org

Delaware legalizes medical marijuana

Delaware legalizes medical marijuana
WILMINGTON, Delaware | Fri May 13, 2011 5:23pm EDT

(Reuters) - Delaware became the 16th state on Friday to legalize marijuana for medical use after the governor signed the bill into law.

The law allows patients who certify they have a serious medical condition such as cancer to possess up to six ounces, or 170 grams, of marijuana.

State-licensed centers will be allowed to grow the marijuana and dispense it to patients 18 and older.

Democratic Governor Jack Markell signed the bill in private without a ceremony, according to his office.

The state Senate passed the measure on Wednesday by a 17-4 vote.

California was the first state to allow marijuana for medical use in 1996.

--------------

Find out the latest Medical Marijuana News in San Diego visit www.safeaccesssd.org

Join ASA, visit www.safeaccessnow.org

ACLU Calls On Holder To Make Clear DOJ Will Not Prosecute People Complying With State Medical Marijuana Laws

Recent Letters Issued By U.S. Attorneys Threaten Prosecution

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – The American Civil Liberties Union has called on U.S. Attorney General Eric Holder to make clear that the Department of Justice (DOJ) will not prioritize prosecution of people who comply with state medical marijuana laws, in keeping with previous DOJ policy.

In a letter sent late yesterday, the ACLU expresses deep concern about recent letters from several U.S. attorneys from across the country that threaten people who comply with state medical marijuana laws, including state employees and state licensed providers of medical marijuana, with federal prosecution.

“Patients, providers and legislatures need clear guidance from DOJ so they can proceed in confidence that state law will be respected,” said Jay Rorty, Director of the ACLU Criminal Law Reform Project and one of the authors of the ACLU’s letter. “Patients who suffer from serious medical conditions need safe and reliable access to their medicine without the fear of federal prosecution.” The ACLU’s letter was also signed by Laura W. Murphy, Director of the ACLU Washington Legislative Office and Jesselyn McCurdy, ACLU Senior Legislative Counsel.

U.S. attorneys in Washington, Montana, Colorado, Arizona, Rhode Island and Vermont have in recent weeks issued letters that diverge widely from what was previously understood as DOJ policy to not use federal resources to prosecute those who are clearly complying with state medical marijuana laws.

In a 2009 memo issued to all U.S. attorneys, then-Deputy Attorney General David Ogden wrote, “As a general matter, pursuit of [DOJ drug enforcement] priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the use of medical marijuana.” And in a subsequent 2009 statement, Holder said, “For those organizations that are [possessing and distributing medical marijuana] sanctioned by state law and do it in a way that is consistent with state law, and given the limited resources that we have, that will not be an emphasis for this administration.”

But in a New York Times story Sunday, a Justice Department spokesman says the recent letters issued by the U.S. attorneys are “a reiteration of the guidance that was handed down in 2009 by the Deputy Attorney General,” a glaring inconsistency the ACLU says in its letter “requires clarification and an unambiguous statement from [Holder] that the prosecution of those complying with state law is not a priority for the department.”

According to the ACLU’s letter, the recent efforts by U.S. attorneys to dissuade states from enacting and implementing medical marijuana laws through threats of prosecution is an abuse of their role as impartial prosecutors and creates the appearance that the DOJ is attempting to undermine the outcome of lengthy and public legislative processes by various sovereign states.

“Nearly one-third of the states have now decriminalized [medical marijuana] in recognition of the unique and substantive benefit this drug provides to patients with certain serious conditions,” the ACLU’s letter reads. “The states to which the recent U.S. Attorneys’ letters have been directed have wisely recognized not only the needs of patients and the value of marijuana as a medicine, but also the need for a rational distribution scheme that channels this drug to humanitarian uses without contributing to a black market.”

The ACLU also says in its letter that the recent U.S. Attorneys’ letters conflict with a DOJ representation to a federal court that the Ogden memo represented a significant policy shift, under which those individuals and entities that use or distribute medical marijuana in full compliance with state medical marijuana laws would no longer be targeted by federal law enforcement. Based on that representation, the ACLU in 2009 voluntarily dismissed a lawsuit against the federal government arising from a 2002 DEA raid of a California medical marijuana garden, in which the ACLU represents a group of plaintiffs including Santa Cruz, Calif. city and county officials, which sanctioned the garden. The federal court had previously upheld the ACLU’s 10th Amendment claim alleging the federal government had selectively enforced federal marijuana laws in an improper federal attempt to undermine and disable the functioning of state medical marijuana laws.

“If, contrary to the assurances its attorneys provided the court in the Santa Cruz case, the federal government’s enforcement policies now include ‘vigorously enforcing’ federal drug laws against individuals and entities who manufacture and distribute marijuana on a completely non-profit basis and in full compliance with state medical marijuana laws, it marks a significant departure from the federal government’s position in the Santa Cruz litigation and could lead to that case being reinstated in its October 2009 posture with discovery proceeding as originally planned,” the ACLU’s letter reads.

A copy of the ACLU’s letter is available online at: http://www.aclu.org/drug-law-reform/aclu-letter-holder-demanding-clarification-prosecuting-people-complying-state-medica

Protect Patients' Right to Work - Support SB 129

The California Senate will soon vote on SB 129, a bill sponsored by Americans for Safe Access (ASA) that will protect responsible, law abiding patients from discrimination in the workplace. Can you take minute right now to call your Senator and ask him or her to support SB 129?

Employers in California can fire an employee just for being a medical cannabis patient – even if the employee does not use medical cannabis at work. That is not fair, and ASA needs your help to stop it. Senator Mark Leno’s (D-SF) SB 129 will prevent discrimination in hiring, promotion of any term of employment. But the bill does not allow patients to use medical cannabis in the workplace or be impaired by cannabis during work hours. SB 129 simply establishes the same rights for medical cannabis patients as those that prescription drug users already enjoy.

ASA needs your help today to pass SB 129 in the Senate and move on to the Assembly. Our Online Action Center makes it easy to identify and contact your Senator right now. Make the call and make a difference!

SB 129 is part of ASA’s ongoing effort to protect and expand patients’ rights. Our successful advocacy, media, and legal campaigns have resulted in important court precedents, new sentencing standards, and more compassionate community guidelines. Please make a donation to help ASA can keep fighting for patients’ rights in California.

Thank you for your participation and support,

Don Duncan
California Director

P.S. – Visit the SB 129 page to learn more about the bill and download a useful Fact Sheet!

San Diego ASA May Chapter Meeting

Attention: Patients, Collectives, and Concerned Citizens!

The San Diego Chapter of Americans for Safe Access (ASA) will be holding its MAIN San Diego Chapter Meeting at 7 pm on Tuesday May 10, 2011 at the La Jolla Brew House located at 7536 Faye Ave. San Diego CA

Collective and Cooperative Directors are encouraged to attend! We will be discussing the ASA Ballot Proposal / Initiative, the ASA litigation strategy as well as the political strategy for the STOP THE BAN campaign. Join us on Tuesday and find out how you can help defend safe access in San Diego!

WHAT: San Diego ASA Main Chapter Meeting
WHERE: La Jolla Brew House - 7536 Fay Avenue La Jolla, CA 92037
WHEN: Tuesday May 10th, 2011 – 7pm-9pm

In the last couple months, the San Diego ASA Chapter was instrumental in mobilizing hundreds of people for the City Council meeting where over the most unprecedented public opposition the council has seen on any issue, they enacted an overly restrictive ordinance with a few minor concessions. The few concessions that were made by the San Diego City Council are a direct reflection of the hard work of the Stop the Ban campaign and San Diego ASA.

If you are a collective director or manager, you definitely want to be at this meeting. There is litigation already planned by ASA, now is the time to get politically involved and help us plan for putting ASA’s own initiative on the ballot in 2012 in the City of San Diego.
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Be part of the change, and the political force that San Diego ASA and the medical marijuana community in San Diego have become.

For more information about ALL the San Diego Chapter meetings visit: http://www.safeaccesssd.org/p/asa-monthly-meetings.html

Thanks,

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

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

Oceanside Stop the Ban Letter Drive - Saturday May 7

Help collect letters to Stop the Ban in Oceanside!

MAY 7TH 11:30AM OCEANSIDE PIER – VOLUNTEERS NEEDED!

Join patients, advocates and concerned citizens at the Oceanside Pier at 11:30 on Saturday May 7, 2011 in front of the Oceanside Pier Sign on the corner of North Pacific St. and Pier View Way for a day of educating Oceanside residents about the impending ban on safe access. After having enacted a moratorium over a year ago and promising the community to move towards regulations, the Oceanside City Council took a completely different direction and is working towards an outright ban on medical marijuana collectives in Oceanside.

The goal on Saturday May 7 will be to gather letters from Oceanside residents in support of safe access and in opposition to the ban. All letters collected will be mailed directly to the Oceanside City Council Members and will be urging them to create reasonable and safe regulations for medical cannabis patients in Oceanside, rather than ban access outright.

WHAT: Oceanside Stop the Ban Letter Drive
WHEN: May 7, 2011 - 11:30am
WHERE: Oceanside Pier - Corner of North Pacific St. and Pier View Way

For more information please contact Eugene Davidovich at sandiegoasa@gmail.com or call 619-621-8446

San Diego Americans for Safe Access
www.SafeAccessSD.org

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

Patient Care Association of California - Referendum on San Diego City Council Medical Marijuana Ordiancne

The Patient Care Association of California, a newly formed non-profit association of San Diego medical cannabis collectives and cooperatives has launched an effort to repeal the recently adopted medical marijuana ordinance through a referendum process. For more information on how to get involved with the referendum effort contact: (858) 413-7722 or email Info@pcaca.org

San Diego Medical Marijuana Advocates Participate in National Day of Action Against Federal Interference

Advocates deliver "Cease and Desist" orders to the US Attorney’s office in San Diego as well as to District Attorney Bonnie Dumanis’ office

SAN DIEGO -- Monday, May 2, 2011 our community lost two more of our brothers and sisters to the failed war on drugs. Dale Schafer and Dr. Mollie Fry turned themselves over to federal agents to serve five-year mandatory minimum sentences for legally participating in state sanctioned medical cannabis programs.

Enough is enough! Today San Diego patients, advocates, and concerned citizens joined activist across the country in taking a stand against federal interference and participated in a National Day of Action. The San Diego Chapter on Monday morning delivered ASA’s Cease and Desist letter to the US Attorney’s office, ordering them to ‘Cease and Desist’ from interfering with State laws, and to create policies that protect medical cannabis patients from further harm.

After delivering the letter to the US Attorney’s office in San Diego, the group delivered another Cease and Desist letter to District Attorney and mayoral candidate Bonnie Dumanis who continues to support and participate in federal raids and has been waging her own war on medical cannabis patients.

Just last week, our community saw raids in Washington State, San Diego and Riverside counties. We are suffering from chronic or debilitating conditions, and we are weary of false promises that do nothing to protect our rights as patients. Our community is sick and tired!

With over 50,000 San Diegans now utilizing state sanctioned medical cannabis programs, this continued harassment and prosecution of legitimate patients presents a state of emergency in this City. Threats from the DEA and Dumanis’ office as well as their raids on legitimate medical cannabis patients are a direct attack on democracy in this state which has implemented sound, safe and responsible laws.

Cross-Jurisdictional raids, prosecutions, intimidation, and harassment of the medical cannabis community are unreasonable and contrary to the will of the residents of this City who overwhelmingly favor safe, legal access to medical cannabis.

For almost a decade our local chapter and thousands of patients have urged Dumanis’ office as well as the Department of Justice to recognize the scientific evidence and patient experience and to stop the continued attacks here in San Diego.

Today, the community put on notice both the US Attorney’s office as well as Dumanis; that any person who interferes with medical cannabis patients and/or their providers will be subject to coordinated grassroots response by the public at large in local and national forums.

In response to the recent raids and to help the community prepare for future law enforcement encounters, Americans for Safe Access will be holding a Raid Preparedness Training hosted by California Director Don Duncan and San Diego Area Liaison Eugene Davidovich in San Diego on Tuesday May 3, 2011 at Canvass for a Cause - 3705 10th Ave. San Diego CA 92103.