Supreme Court to review key case, Download new letter from ASA

Americans for Safe Access (ASA) scored a big victory this week when the California Supreme Court agreed to review Pack v. Long Beach and Riverside v. Inland Empire Patient's Health and Wellness Center. The Pack decision held that some dispensary regulations may be preempted by federal law, and the Riverside decision held that localities could legally ban distribution altogether. ASA, together with the American Civil Liberties Union, filed an amicus brief in the case asking the Supreme Court to review these cases to help preserve local regulation and safe access for patients statewide.

ASA Chief Counsel Joe Elford wrote a short letter explaining the significance of the Supreme Court decision in the Pack case. Download a copy of Joe’s letter and share it with your City Council or Board of Supervisors at their next meeting. This is especially important if your city or county is moving to ban patients’ associations or suspend regulations. You can get help organizing turn out at public meetings and speaking in public from ASA’s free Online Advocates Training Center.

Our victory in securing the Supreme Court’s review could not have come at a better time. Some cities and counties have used these decisions as an excuse to ban patients’ cooperatives and collectives or to stop existing permitting schemes. The decision to review these cases means they are no longer binding – and there is no legal necessity to ban patients associations, repeal existing regulations, or stall on issuing licenses or permits. The Supreme Court may not rule on Pack or Riverside for a long time (maybe years). Until then, cities and counties are not prevented from upholding the voters mandate in Proposition 215 “to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.”

We cannot allow cities and counties to use Pack or Riverside as excuses to block safe access to medicine. Research conducted by ASA and experience since 1996 show that sensible regulations reduce crime and complaints around cooperatives and collectives, while preserving patients’ access. We don’t know the ultimate outcome at the Supreme Court, but until we do, we need to keep insisting that our elected representatives do the right thing for patients and their communities – adopt and implement regulations.

ASA is committed to fighting for safe access here in California, and to finally changing federal law. This is just one of many legal victories that your participation and financial support made possible. Thank you!

Three Dispensaries Raided by DEA in San Diego

Three Dispensaries Raided by DEA in San Diego

By: Eugene Davidovich

On Wednesday, January 11 at exactly 4:20pm in the afternoon, three legal medical marijuana dispensaries in the City of San Diego were raided by the cross jurisdictional narcotic task force (NTF) of San Diego County. The locations attacked include; California's Best Meds on University Ave, Golden West in North Park, and San Diego Organic Wellness Association in Pacific Beach.

Armed with guns, rifles, and battering rams, dozens of masked NTF gunmen rushed into the medical facilities, breaking down doors, windows, and forcing all the patients inside to the floor.

Video of the raid as well as the community response at California's Best Meds: 

The raids were a coordinated effort between Bonnie Dumanis the San Diego District Attorney and Laura Duffy the US Attorney assigned to this region. San Diego Police Department (SDPD), Drug Enforcement Administration (DEA), and the San Diego County Sheriff's Department all participated in executing the raids.

This recent eradication effort began on October 7^th, when Laura Duffy along with three other US Attorneys announced in Sacramento that they would be targeting and eradicating all access to medical marijuana in the State.

After the press conference in October hundreds of letters were sent to landlords threatening them with asset forfeiture proceedings if they did not immediately evict their dispensary tenants. Many landlords complied and forced dozens of legitimate businesses in the City to shutter their doors, while many decided to stand behind their tenants and fight against this illegal attempt to seize their property.

Prior to the announcement, the public was convinced the Obama Administration would not be using Department of Justice resources to circumvent state law on this issue and an overwhelming majority were pleased to see patients enjoying safe, reliable, and local access to their doctor recommended medicine.

The announcement came as a shock to the entire community and left 500,000+ medical marijuana patients in the state who legally use cannabis to treat serious and in many cases terminal conditions in disarray, in fear of prosecution, and wondering where they will be getting their medicine if their local dispensaries are closed.

At the same time as the Feds were stepping up their attack, the San Diego City Attorney's Office also join in on the eradication effort by filing over eighty lawsuits against dispensaries in the City. The lawsuits alleged that all facilities in San Diego were illegal because they were operating without a business license. The City's lawsuits came after all dispensaries in the City applied and were denied a business license as well as due process under the law.

As word of the Wednesday raid spread, the community jumped into action. Within minutes the County wide Americans for Safe Access (ASA) raid alert system was activated and raid response teams dispatched to all three dispensaries.

At California's Best Meds, activists arrived armed with video cameras, protest signs, and began to document the attack against patients. Media outlets were also notified and quickly arrived at the scene.

At least twenty activists, concerned citizens, and patients stood outside of California's Best Meds and chanted “DEA Go Away”, as well as shouted through the doors statements for the employees and patients being detained to hear about their rights.

After repeated requests and pleas with the NTF Agents to see their clients, attorneys for the dispensaries were denied access and prevented from going inside the facility to witness the interrogation.

Several hours into the raid patients in tears, one by one, were released from the facilities. Medical records, medicine, computers, and other property was confiscated and packaged by the NTF agents into DEA evidence boxes and hauled off.

Medical Marijuana Advocacy Group Launches Week of Medical Marijuana Defendant Court Support

Patient advocates take action against District Attorney and Mayor hopeful, Bonnie Dumanis’ fierce fight against patients’ rights to grow and use medical marijuana

San Diego, CA – The San Diego Chapter of Americans for Safe Access (SDASA) - the country's largest grassroots medical marijuana advocacy group - urges its members to bear witness in criminal court this week as two legitimate medical marijuana patients - who sought only to grow medical marijuana in a small group - defend themselves against Bonnie Dumanis’ flip flop interpretation of medical marijuana laws.

In two different courtrooms in two different trials the DA’s office will attempt to demonstrate that simply growing medical marijuana for personal use is indicia of sales, profit and thus violates the law.

Bonnie Dumanis’ office steadfastly maintains that storefronts and delivery services are not legal.  According to the DA, in order to be in compliance with California medical marijuana laws one must grow medical marijuana individually or, if in a group, share in the expense and medicine together.  Further, her office has raised this group farm model in court as the only lawful scenario for complying with Proposition 215, the 1996 voter initiative which provided a defense for the growing and use of medical marijuana and SB420, in which lawmakers provided clarity on the distribution of medical marijuana missing from the voters initiative.

San Diego prosecutors’ courtroom strategy, until now, has been to demonstrate the group farm example to jurors as the lawful alternative to storefront collectives. In fact the details of the two criminal cases going before jury this week are much like what jurors heard Prosecutor Chris Lindberg point out as lawful in People v. Jovan Jackson, a storefront collective case now on appeal. 

With the federal crackdown and closure of many storefronts, patients are left vulnerable.

If patients are seeking to grow their own medicine as is being suggested by all branches of law enforcement, San Diego Americans for Safe Access calls for patients and their advocates to attend court and re-educate themselves on Bonnie Dumanis mercurial interpretation of medical marijuana laws as it applies to simple cultivation.  Patients are entitled to know how to lawfully obtain the medicine for the conditions which they suffer and the DA’s office is changing the rules as it suits her.

Jason Gastrich’s criminal proceedings begin at 9:00 AM with a courtroom assignment out of Department 11 of the San Diego Superior Courthouse on Monday, January 9, 2012.

Benjamin Gasper’s criminal proceedings begin at 9:00AM with a courtroom assignment out of Department 11 of the San Diego Superior Courthouse on Wednesday, January 11, 2012.

Further information:

Articles about Jason Gastrich:
http://www.safeaccesssd.org/2011/06/faulty-search-warrant-upheld-attack-on.html
http://www.safeaccesssd.org/2011/06/operation-green-dope-bonnie-dumanis.html

Articles about Benjamin Gasper:

http://www.safeaccesssd.org/2011/07/bonnie-dumanis-continues-prosecution-of.html
http://www.safeaccesssd.org/2010/06/cultivation-charges-dismissed-in-gasper.html
http://www.safeaccesssd.org/2011/05/bonnie-dumanis-continues-war-on.html

Further information contact: Terrie Best, SDASA Court Support Coordinator - ilegalsmile@hotmail.com

T: 619-651-0706