ASA CA Weekly Alert 6-6-08

ASA California Weekly Alert: June 6, 2008

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*Weekly Round Up*
1a. Malibu Planning Commission Votes to Allow and Regulate Medical
Marijuana Dispensaries
b. Los Angeles Medical Marijuana Dispensary Operator Pleads Not Guilty
to Federal Charges
c. Measure B Appears to Pass in Mendocino County, Lowering Plant Limits,
but Final Votes Yet to Be Counted

*Legal Tip of the Month*
2. People v. Kelly: What Does it Mean to Me?

*Chapter and Affiliate Meetings*
3. Tuesday, June 10, San Diego: San Diego ASA Meeting with Special
Guests Joe Elford & Don Duncan
4. Tuesday, June 10, Fresno: Fresno ASA Meeting
5. Tuesday, June 10, San Francisco: San Francisco ASA Meeting
6. Wednesday, June 11, Newport Beach: Orange County ASA Meeting
7. Saturday, June 14, Willits: Mendocino County ASA Meeting
8. Tuesday, June 17, Sacramento: ASA Affiliate Compassionate Coalition
Meeting
9. Thursday, June 19, Arcata: Humboldt County ASA Meeting

*City and County Hearings*
10. Tuesday, June 10, Oakland: Alameda County Board of Supervisors to
Discuss Revising Dispensary Ordinance

*Court Support*
11. Tuesday, June 10, San Diego: County of San Diego et al. v. San Diego
NORML et al.
12. Monday, June 16, Fresno: Motion for a Speedy Trial Hearing for Luke
Scarmazzo & Richard Montes


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California Icon Weekly Round Up

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1a. Malibu Planning Commission Votes to Allow and Regulate Medical
Marijuana Dispensaries

by Don Duncan, California Director

On Tuesday, the Malibu Planning Commission rejected a recommendation by
city staff to ban medical cannabis collectives and asked staff to return
with a proposal to regulate as many as three facilities in the city.
Commissioners heard from ASA representatives, patients, a doctor, and
the attorneys for PCH Collective, one of two collectives operating in
Malibu under the terms of the city's two-year-old moratorium. The
attorney for PCH Collective submitted a petition with almost four
hundred signatures calling for regulations instead of a ban.

Several Commissioners questioned me about regulations in other cities,
conflicts with federal law, sales tax, and other details following
public comments. No one from the public spoke in favor of a ban.

The Commissioners debated the issues at length before settling on a
motion calling for strict regulations based on the ordinance recently
adopted in Claremont. They also opted to allow up to three collectives
after debating the need to prevent a proliferation of collectives while
preserving competition to keep prices in check. It is unclear how
quickly staff will return a recommendation for an ordinance, but the
city's moratorium expires on June 25.

The operator and members of PCH Collective are to be commended for
making a strong and professional showing at the hearing. They spent
weeks lining up support and educating Commissioners. It was a text book
example of effective organizing and advocacy. We can all be relieved
that we are looking at one more city with regulations, and one less ban
in California!

Read more about the hearing, including Don's testimony, in ASA's
discussion forums
http://www.americansforsafeaccess.org/punbb/viewtopic.php?id=1320.
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b. Los Angeles Medical Marijuana Dispensary Operator Pleads Not
Guilty to Federal Charges

On Monday, Virgil Grant and Psytra Grant plead not guilty to federal
charges for illegally operating six medical marijuana dispensaries and
for committing money laundering. This followed the DEA raids last week
of the six dispensaries in Los Angeles that the Grants are being tied
to. All six dispensaries had registered with City of Los Angeles under
its moratorium regulations.

Psytra has been released on bail, but Virgil is still in custody. Their
trial date has been set for July 22.

For more information, please read the Daily Breeze article
http://www.dailybreeze.com/news/ci_9460929?source=rss about the
hearing and last week's California Weekly Roundup about the raids
http://americansforsafeaccess.org/blog/?p=105.

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c. Measure B Passes in Mendocino County, Lowering Plant Limits,
but Final Votes Yet to Be Counted

Voters in Mendocino went to the polls on Tuesday to vote on Measure B,
which would lower the plant limits for medical marijuana patients from
25 plants to the state limit of 12 immature or six mature plants and
eight ounces of dried marijuana. The measure appeared to pass, with 52%
of voters voting for the measure and 48% voting against it.

However, it was soon revealed that more than 10,000 absentee and
provisional ballots had yet to be counted. The County Clerk said it
could take up to 28 days for all votes to be counted so the final
outcome of Measure B might not be known for some time. Also, if the
measure does pass, advocates plan to challenge it in court, based on the
recent ruling in /People v. Kelly/
http://americansforsafeaccess.org/blog/?p=104.

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Legal Icon Legal Tip of the Month

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2. People v. Kelly: What Does it Mean to Me?

By Noah Mamber, ASA Legal Services Coordinator

On May 22, in /People v. Kelly/, the CA Court of Appeal for the 2nd
Appellate District overturned defendant's conviction for possessing 12
oz. of marijuana. At trial, the prosecutor had successfully argued to
the jury that Kelly's possession of the marijuana was illegal because he
had exceeded the "caps established by Health & Safety Code § 11362.77 of
S.B. 420" without a relevant doctor's exemption. The appellate court
reversed the conviction because it found that the S.B. 420 guidelines
were "caps" on the amount of marijuana a patient may possess and such
"caps" were an unconstitutional amendment of Proposition 215.

This is a published decision, but it is likely that the CA Attorney
General will file a request for review by the CA Supreme Court. It is
ASA's position that the court achieved the right result (overturning the
conviction), but used the wrong reasoning. While the S.B. 420
quantities would constitute an unconstitutional amendment of Proposition
215 if they limited the amount of marijuana a patient could possess, the
California Supreme Court found, in /People v. Wright/, that the
quantities are not "caps," but rather thresholds, and therefore not an
unconstitutional amendment of a voter-approved initiative.

While this is a positive ruling for patients, and it demonstrates that
another appellate court is willing to stand up for us, patients should
not rely on this decision and everyone should continue to obey their
county's guidelines, and obtain any appropriate exemptions.

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Take Action Icon Chapter and Affiliate Meetings

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3. Tuesday, June 10, San Diego: San Diego ASA Meeting with Special
Guests Joe Elford & Don Duncan

ASA Chief Counsel Joe Elford will be in San Diego for oral arguments in
the San Diego county lawsuit seeking to roll back SB 420 on Tuesday,
June 10. He will be talking about the case and answering questions that
evening at the San Diego ASA meeting. Please join us for this
opportunity to talk with the attorney who won important victories for
patients against the California Highway Patrol and the City of Garden
Grove. Joe is also pushing the boundaries for medical cannabis with
lawsuits like the one in San Diego and the federal suit against the US
Department of Health and Human Services to force a change in federal policy.

ASA California Director Don Duncan will also be present to discuss what
is happening in the California Campaign for Safe Access, including the
recent victory for employment rights in the California Assembly and how
to respond to ongoing DEA interference and intimidation.

What: San Diego ASA Meeting with ASA Chief Counsel Joe Elford &
California Director Don Duncan

When: Tuesday, June 10 * 7:00 PM

Where: 6070 Mt. Alifan Drive Suite 202, San Diego, CA 92111

Please make plans to attend and invite your friends!

http://www.SafeAccessSD.org

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4. Tuesday, June 10, Fresno: Fresno ASA Meeting

Join Fresno ASA to discuss important regional, state and national issues.

When: 6:00pm
Where: Fig Garden Regional Library
3071 W. Bullard Ave in Fresno

For more information, email fresnocagal [at] sbcglobal.net

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5. Tuesday, June 10, San Francisco: San Francisco ASA Meeting

Join us for our ASA SF patient activist meeting at our usual meeting
space, Bowzers Pizza on 11th at Harrison. We will discuss the latest in
medical cannabis politics, laws, science, and activism.

When: Tuesday, the 27th at 7:30pm
Where: Bowzer's Pizza, 371 11th St in San Francisco

For more info, contact Alex: aaafranco [at] yahoo.com
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6. Wednesday, June 11, Newport Beach: Orange County ASA Meeting

Safe access has been under attack in Orange County and we need your help
us fight the war on patients. Please come out and show your support at
our monthly meeting!

When: 7:00pm
Where: Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660

For more information contact: OCLawyer [at] aol.com.

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7. Saturday, June 14, Willits: Mendocino County ASA Meeting

Join Mendocino ASA as we discuss important local, state, and national
medical cannabis issues.

When: 2:00pm
Where: The Ping Pong Club at 475 E. Valley Rd. in Willits

For more information, contact Bruce: Mendobruce [at] yahoo.com

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8. Tuesday, June 17, Sacramento: ASA Affiliate Compassionate
Coalition Meeting

There are several medical marijuana activities over the next month.
Please come and find out how you can get involved.

When: Tuesday the 20th at 7:00pm
Where: Crusaders Hall
320 Harris Ave. Suite H in Sacramento

For more information, contact Nathan [at] CompassionateCoalition.org

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9. Thursday, June 19, Arcata: Humboldt County ASA Meeting

Please come out and join Humboldt County ASA as we fight to protect safe
access in our community and beyond.

When:6 p.m.
Where: In the community recreation room of the Bayview Courtyard Senior
Housing Complex at 550 Union Street, Arcata.

For more info, contact: asa-humboldt [at] sbcglobal.net
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Government Icon City and County Hearings

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10. Tuesday, June 10, Oakland: Alameda County Board of Supervisors
to Discuss Revising Dispensary Ordinance

*Attention Alameda County patients & supporters! We need 10 by June 10th !*
*We need 10 patients to help lobby the Alameda County Board of
Supervisors on June 10th, at 10:30 a.m.*
(1221 Oak St, Rm. 512, Downtown Oakland, corner of 12th St)

The Board of Supervisors will receive testimony, discuss, and vote on
the proposed amendments to the county medical cannabis dispensary
regulation. These amendments have strong backing from groups such as
the Cherryland Homeowners Association and the Alameda County Sheriff's
office, pushing for more limited access to medicine throughout the
unincorporated communities of Alameda county.

In order to give voice to the hundreds, if not thousands of patients
living in these areas, we need to find 10 patients from these
unincorporated communities - Ashland, Cherryland, Sunol, San Lorenzo,
Fairview, Castro Valley - to share their experiences with medical
cannabis at the next Board meeting on June 10th. Patients from nearby
cities such as San Leandro and Hayward can also talk about their
experience with local access.

The opposition's proposals include:

1. Making it mandatory for patients to obtain a state-issued ID card
to enter a dispensary.
2. Continuing the Alameda County Sheriff as the dispensary
regulator---without agreeing not to cooperate with the DEA, unlike
police in SF and Oakland.
3. Prohibiting the sale of edible medicinal products.
4. Cutting the number of dispensaries in unincorporated county from 3
to 2.

It is important to note that these changes have been drafted without any
significant input from the patients whose lives will be directly
impacted. These regulations are just the next step by authorities to
shut down the remaining dispensaries in the region and severely restrict
the opening of new ones. It is important for the patients who live in
the unincorporated communities to speak out against these changes to
protect safe access.

*Who can help?*

Patients living in the unincorporated regions of Alameda County-
Ashland, Cherryland, Sunol, San Lorenzo, Fairview, Castro Valley.
Patients from nearby cities like San Leandro & Hayward can address their
experience with local access.
*
When and where is the Board of Supervisors meeting?*

The Alameda County Board of Supervisors will meet to discuss the
proposed changes on Tuesday, June 10th at 10:30 a.m. The meeting will
take place at 1221 Oak St. Room 512, in downtown Oakland (corner of 12th
St.).
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Patients Rights Icon Court Support

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11. Tuesday, June 10, San Diego: County of San Diego et al. v. San
Diego NORML et al.

Oral Arguments @ 9am before Justices Alex McDonald, Terry O'Rourke, and
Joan Irion in California Court of Appeal, 4th District
http://www.courtinfo.ca.gov/courts/courtsofappeal/4thDistrictDiv1/location.htm,
Division One, at 750 "B" Street, Suite 500, San Diego, CA 92101.

On February 1, 2006, the County of San Diego filed a civil lawsuit
against the California Department of Health Services (DHS) in San Diego
Superior Court asserting the County's right to refuse to implement S.B.
420, specifically the state ID card program asserting that the
legislation was preempted by federal law. On July 6, 2006, ASA, and
other groups successfully intervened in the litigation and then argued
the case on November 16, 2006. On December 6, 2006, Judge William R.
Nevitt Jr. confirmed the validity of California medical marijuana law by
ruling on the side of patients
http://www.safeaccessnow.org/downloads/SD_Ruling.pdf and rejecting the
counties' challenge. Despite a ruling clearly showing that federal law
does not preempt state law, on February 22, 2007, the Counties of San
Diego and San Bernardino appealed the San Diego County Superior Court
decision to the Court of Appeals for the Fourth Appellate District. By
contrast, the County of Merced, chose to not appeal the ruling and,
instead, has implemented the identification card program. For more
information on this case, see our Brief Bank
http://www.safeaccessnow.org/article.php?id=4405.

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12. Monday, June 16, Fresno: Motion for a Speedy Trial Hearing for
Luke Scarmazzo & Richard Montes

Motion for a Speedy Trial Hearing for Retrial on Conspiracy count at
1:30pm before Judge Oliver Wanger in U.S. District Court (E.D., CA)
http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&addr=2500+Tulare+Street&csz=fresno%2C+CA+95814-7300&country=us&Get%A0Map=Get+Map,

2500 Tulare Street, Fresno, CA. After the City of Modesto failed to shut
down the California Healthcare Collective by banning dispensaries, it
called in the DEA. On September 27, 2006, the DEA raided the collective
and arrested four people (owner-operators Luke Scarmazzo and Ricardo
Montes and two staff members) on charges of distribution of marijuana
and conspiracy to distribute. Scarmazzo and Montes were also charged
with possession of firearms and money laundering. Later, an additional
five people were indicted, bringing the total to nine people being
prosecuted by the federal government. In the raid, the DEA allegedly
seized more than 100 pounds of marijuana, one thousand plants, multiple
firearms, and more than $200,000 in cash. The raids were the result of a
15-month investigation between the DEA and the Modesto Police
Department. In 2007 and early 2008, Bradley Heinmiller, Bradley
Wickliffe and Stephen DeMattos pled guilty, while the other six
defendants (Scarmazzo, Montes, Monica Valencia, Lucky Boissiere, Jose
Malagon, and Antonio Malagon) remained to stand trial. After a special
hearing, Judge Wanger decided to allow the prosecution to play the
"Businessman" music video in front of the jury during the trial. On
April 27, 2008, the day before the trial was scheduled to commence,
Boissiere, Valencia, and the Malagon brothers accepted plea bargains.
Boissiere & Valencia pled guilty to possession with intent to distribute
marijuana and the Malagon brothers pled guilty to conspiring to
manufacture and distribute marijuana and agreed to testify against
Scarmazzo & Montes. At the trial, Scarmazzo took the stand, and was able
to present evidence of medical marijuana but it was to no avail, and on
May 15, 2008, the jury returned its verdicts. While the jurors had
deadlocked on the conspiracy counts and acquitted on the firearms
counts, they delivered a grand total of eight guilty verdicts against
the defendants, including a conviction for continuing criminal
enterprise, which puts Scarmazzo and Montes at risk of life
imprisonment. At the end the trial, both defendants were literally
wrested out of the arms of their families and taken into the custody of
U.S. Marshals because of the severity of the penalties. Several jurors,
upon learning the severity of the possible penalties, expressed
reservations about their votes to convict and the legitimacy of medical
marijuana prosecutions. Prosecutors have already successfully seized
$200,000 and are seeking $9.2 million in forfeiture. The U.S. Attorney
has decided to proceed with a retrial on the remaining conspiracy count.
For more information, please see the consistently excellent Vanessa
Nelson
http://www.medicalmarijuanaofamerica.com/content/category/9/60/111/.