Wednesday, August 29, 2012
Tuesday, August 28, 2012
By: Eugene Davidovich
SAN DIEGO – Shortly after the South Bay Democratic Caucus unanimously recommended an endorsement of Proposition S at a meeting on Tuesday August 21, the San Diego County Democratic Central Committee voted to officially endorse Proposition S in Imperial Beach as well.
Also known as the Safe Access Ordinance of Imperial Beach, if passed, Proposition S would repeal the city’s current ban on safe access to medical marijuana, passed by City Council last year. The initiative would repeal the ban and replace it with strict zoning and operational requirements for medical cannabis dispensing collectives and cooperatives in the city.
“Support of medical marijuana is consistent with the Democratic party’s position in the past.” Jess Durfee the Central Committee Chair told the Imperial Beach Patch after the endorsement was issued earlier in the week.
According to their website, the San Diego County Democratic Party has more than 500,000 members and is the “second-largest community of Democrats in California.”
The endorsement comes after advocates with Canvass for a Cause and Americans for Safe Access submitted a formal request for endorsement to the South Bay Democratic Caucus and addressed members of the Caucus at Tuesday’s meeting.
“Safe, local, and reliable access to medical marijuana for qualified patients is a very important issue impacting thousands in our community and with this endorsement, the Democratic Party of San Diego sent a strong message to their members; it is time to protect the most vulnerable in our communities through sound regulations, rather then criminalize them through bans,” said Marcus Boyd, IB Outreach Director for the YES on S campaign.
On November 6th, Imperial Beach voters will decide whether to allow the continued criminalization of the most vulnerable citizens in Imperial Beach to continue through the draconian ban, or to protect the sick and dying through strict zoning and operational requirements in Proposition S.
Advocates are confident that once presented with a choice, voters in the city will choose Safe Access instead of a ban; once and for all resolving the medical cannabis issue to allow qualified patients safe, local, reliable access to a medicine that in many cases is their one and only alternative.
On September 1, 2012 at 2pm, the YES on S campaign will be holding a campaign kickoff event at 2pm at 1233 Palm Ave Imperial Beach, CA 91932
YES on S Website: www.safeaccessib.org
Read Prop S – http://www.safeaccessib.org/read-the-initiative/
Thursday, August 23, 2012
High Court prohibits municipalities from using Pack v. City of Long
Beach to ban dispensaries
Los Angeles, CA -- The California Supreme Court dismissed review yesterday of an important appellate court ruling affecting medical marijuana dispensaries throughout the state. Specifically, the High Court threw out the controversial decision in Pack v. City of Long Beach, which previously held that federal law preempted some forms of dispensary regulations. The Pack decision has been used by several municipalities, including Los Angeles and Long Beach, to suspend or ban outright the distribution of medical marijuana. However, yesterday's dismissal of the Pack decision throws into question the viability of such bans.
"This is an important moment for medical marijuana patients in California," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's leading medical marijuana advocacy organization. "The California Supreme Court has essentially pulled out the rug from under local officials who have used the Pack decision to deny access to medical marijuana for thousands of patients across the state," continued Elford. "Pack is now a dead letter and, because of the California Rules of Court (Rule 8.528), it is disingenuous for any public official to contend that the appellate decision is somehow reinstated."
The reasoning used to dismiss the Pack case was that after the California Supreme Court decided to review the appellate decision, the Long Beach City Council repealed and replaced the ordinance with an outright ban on dispensaries thereby making moot the issues before the court. In addition, the petitioners in Pack "have now abandoned their federal preemption argument in favor of unrelated issues not raised or decided at any prior stage of this proceeding," according to the court.
Because the recently adopted dispensary ban in Los Angeles was predicated on the Pack decision, enforcement efforts by the City Attorney would be premature and potentially unlawful. Despite threats of enforcement, patient advocates have vowed to overturn the ban in Los Angeles and are currently gathering the fewer than 30,000 signatures needed to do so.
Several other appellate cases remain before the State Supreme Court pending review later this year or early next year. In one of the most closely watched cases, City of Riverside v. Inland Empire Patient’s Health and Wellness Center, ASA has filed an amicus 'friend of the court' brief rejecting the notion that cities can ban local distribution of medical marijuana. "While municipalities may pass reasonable regulations over the location and operation of medical marijuana collectives, they cannot ban them absolutely," read the brief. "These bans thwart the Legislature’s stated objectives of ensuring access to marijuana for the seriously ill persons who need it in a uniform manner throughout the state."
There are currently more than 50 cities and counties in California that have adopted dispensary regulatory ordinances, which are safely and legally accommodating the needs of their patients, as well as other members of their communities. An increasing number of studies also show that regulating dispensaries decrease crime and increase the quality of life in surrounding neighborhoods.
Yesterday's Supreme Court dismissal: http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1994201&doc_no=
ASA amicus brief in Riverside case: http://americansforsafeaccess.org/downloads/Amicus_Riverside.pdf
Thursday, August 16, 2012
Americans for Safe Access
(ASA) needs your help to get 100,000 of these great new posters up in “swing
states” during this Presidential election season. We need to raise $12,000 to
print the posters. Can
you help by making a special donation today?
The glossy 17 x 22 inch posters ask a pointed question: Can broken promises lose an election? That question matters most in swing states like Colorado, Nevada, New Mexico, Ohio, Virginia, Florida, and New Hampshire. These are states that could go either way in the Presidential election, and candidate Obama is fighting hard for votes in each. We need medical cannabis to be a part of the debate in these key states. Help ASA tell the President that we expect him to live up to his 2008 campaign promise to respect state medical cannabis laws.
We need to get 100,000 of these posters up in swing states right away. Make a special donation to help us raise $12,000 today. Everyone who donates at least $100 will get their own glossy 17 x 22 inch poster.
Be sure to sign up for Camp WakeUpObama, ASA’s election-season campaign to influence the Obama Administration.
Thank you for helping us get this message out,
P.S. – You can download an 8.5 x 11 inch version of the poster here.