ASA CA Weekly Alert 7-18-08

ASA California Weekly Alert: July 18, 2008

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*Weekly Round Up*
1a. DEA Raids Los Angeles Dispensary
b. Local Medical Marijuana Regulation Updates: Arcata & Fortuna

*Legal Tip of the Month*
2. Medical Marijuana & Prop 36: Don't Do It

*Chapter and Affiliate Meetings*
3. Saturday, July 19, West Hollywood: Special Los Angeles ASA Meeting &
Know Your Rights Training
4. Tuesday, July 22, San Francisco: San Francisco ASA Meeting
5. Wednesday, July 23, Oakland: East Bay ASA Meeting
6. Wednesday, July 23, Newport Beach: Orange County ASA Meeting

*City and County Hearings*
7. Monday, July 28, Malibu: City Council to Discuss Dispensary Regulations

*Court Support*
8. Tuesday, July 22, Los Angeles: Trial for Charles Lynch Begins
9. Tuesday, July 22, Sacramento: Sentencing Hearing for Richard Marino
10. Tuesday, July 22, Sacramento: Status Hearing for Mike Lombardo

*Special Events*
11. Friday, July 25, Santa Rosa: Meet & Greet with ASA California
Director Don Duncan

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California Icon Weekly Round Up

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1a. DEA Raids Los Angeles Dispensary

On Tuesday, the DEA raided Total Relief Center in Los Angeles. Employees
were detained for a long period of time, but no arrests have been
reported. This raid followed a DEA raid last week in Long Beach, at Long
Beach Organics. Neither of these raids could be confirmed soon enough to
activate ASA's emergency response system.

To help keep ASA informed and to activate the response system, please
call the ASA office at 510-251-1856 if you hear about a raid occurring.

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b. Local Medical Marijuana Regulation Updates: Arcata & Fortuna

/*Arcata Moves forward with Regulation of Medical Cannabis Dispensaries*/

This month, dispensary operators and city staff in Arcata began meeting
to draft land use codes for medical cannabis dispensaries. City staff
plan to use information gained from these meetings to draft an ordinance
that could be ready for the the City Council to approve as early as next
month. The city's community development director, Larry Oetker, feels
positive about the process and said, "I don't run a medical marijuana
dispensary. The goal is to bring in the people that run that industry
and try to develop some standards that reflect the day to day operation
of that industry."

For more information, please read the article
http://www.times-standard.com/localnews/ci_9879662 in The Times Standard.

/*Fortuna Bans Medical Cannabis Dispensaries*/

This week, the Fortuna City Council finalized its ban on medical
cannabis dispensaries. Several residents spoke out against the the
ordinance and others spoke in favor of it, but ultimately, the council
decided to permanently ban dispensaries in the city.

For more information, please read the article
http://www.humboldtbeacon.com/local/ci_9920566 in The Humboldt Beacon.

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Take Action Icon Legal Tip of the Month

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2. Medical Marijuana & Prop 36: Don't Do It

/By Noah Mamber, ASA Legal Services Coordinator/

Sadly, ASA frequently receives calls from patients enrolled in Prop 36
programs seeking to be able to medicate while in the program. The
answer, unfortunately, is that the patient is probably out of luck.

Because Prop 36, approved by voter-initiative in 2000, is a program that
provides drug treatment instead of incarceration to 1st & 2nd time
non-violent adult drug offenders who are charged with use, possession,
or transportation of illegal drugs for personal use. Like house arrest,
a defendant enrolls in a Prop 36 program in lieu of his jail sentence.
Although a qualified medical marijuana patient may appeal to the program
supervisor to use her discretion to allow the patient to medicate,
success is not likely, since drug treatment is the primary mission of
Prop 36 and the administrators may have anti-marijuana biases.

A patient in Prop 36 may also appeal to a judge to allow medical
marijuana use while in the program. However, because the Prop 36
statute (CA Penal Code § 1210.1(a)) authorizes judges to impose any
other type of appropriate probation condition, in addition to drug
testing, judges are unlikely to allow for medical marijuana use.

A patient who is considering pleading guilty and accepting a Prop 36 (or
any other diversion) program in lieu of a jail sentence should consider
whether he can go without his medicine for the duration of the program
before taking any deal.

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Take Action Icon Chapter and Affiliate Meetings

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3. Saturday, July 19, West Hollywood: Special Los Angeles ASA
Meeting & Know Your Rights Training

On Saturday, July 19, we will have a free "Know Your Rights" training
for patients and hear from ASA Executive Director Steph Sherer. ASA
pioneered legal training for patients, teaching thousands their rights
and responsibilities under California medical cannabis law. Don't miss
this great free training -- and a very special opportunity to meet ASA
founder and Executive Director Steph Sherer. Steph will talk about ASA's
work to defend and expand patients' rights in California and in
Washington, DC. Come ready to listen, ask questions, and get active in
the grassroots campaign for safe access.

What: "Know Your Rights" Training & Executive Director Steph Sherer

When: 2 PM * Saturday, July 19

Where: West Hollywood Gateway Mall Community Room, lower level, 7100
Santa Monica Blvd. (at La Brea Ave.) in West Hollywood. (Target shopping
center)

More Info:
http://www.AmericansForSafeAccess.org/punbb/viewtopic.php?id=1420

Please feel free to forward this message and invite your friends!

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4. Tuesday, July 22, 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, July 22 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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5. Wednesday, July 23, Oakland: East Bay ASA Meeting

Please come and join the East Bay ASA crew as we discuss important
local, state, and national medical cannabis issues. We will focus on the
recent Alameda County decision on edibles and create a plan of action to
protect edibles for the long term. We will also discuss the Berkeley
medical cannabis dispensary ballot initiative that will be on the ballot
this November.

Don't miss this important meeting!

When: Wednesday, the 23 at 7:00pm (Please arrive promptly, as the doors
will be locked after 7:10pm)
Where: ASA Headquarters Office
1322 Webster Street, Suite 402, Downtown Oakland (2 blocks
from 12th St. BART station!)

For more information, contact Rebecca [at] AmericansforSafeAccess.org

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6. Wednesday, July 23, 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 get involved 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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Government Icon City and County Hearings

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7. Monday, July 28, Malibu: City Council to Discuss Dispensary
Regulations

Last month, after hearing extensive testimony from patients and
advocates in support of medical cannabis, the Malibu Planning Commission
voted to recommend regulating dispensaries instead of banning them. On
Monday, July 28, the full City Council will hold a hearing on this
proposal. Please come out and attend the City Council Meeting and let
your voice be heard!

Download ASA's talking points about dispensary regulations.
http://www.safeaccessnow.org/article.php?id=2717

When: Monday, July 28 at 6:30pm
Where: Council Chambers at City Hall
23815 Stuart Ranch Road, Malibu, CA

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Patients Rights Icon Court Support

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8. Tuesday, July 22, Los Angeles: Trial for Charles Lynch Begins

Trial at 8am before Judge George Wu in U.S. District Court (C.D., CA)
http://www.safeaccessnow.org/%20, Courtroom 10 at 312 North Spring
Street in Los Angeles, 90012. San Luis Obispo County dispensing
collective operator Charles Lynch was raided by the DEA and the San Luis
Obispo County Sheriffs on July 17,2007 at Central Coast Compassionate
Caregivers in Morro Bay, CA.

According to a testimonial, "/Central Coast Compassionate Caregivers
took precautions to inform its patients regarding the restrictions that
applied to them by attaching a copy of the rules and regulations
governing medical cannabis to their package upon receipt. Picture IDs
were issued to prevent fraud. Not only were the letters of
recommendation verified, they also looked up the doctors on the
California Medical Board's web site to make sure that the doctors were
in good standing. The Morro Bay dispensary added video surveillance and
a metal detector to further the safety of its patients and to discourage
misuse. For the year that the CCCC was open, there were no problems or
complaints reported to the dispensary. In fact, employees of neighboring
businesses were dismayed to see them raided by law enforcement./"

Lynch was indicted for conspiracy to possess and possession with intent
to distribute marijuana and concentrated cannabis, manufacturing
(cultivating) more than 100 plants, knowingly maintaining a drug
premises, and sales of marijuana to a person under the age of 21.
Additionally, criminal forfeiture proceedings have begun on his assets.
For more information, please check out this Drew Carey documentary from
Reason tv http://safeaccessnow.org/blog/?p=110. Lynch remains out on
bail. For more information see Charles' website
http://www.friendsofccl.com. *Supporters are encouraged to attend!*

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9. Tuesday, July 22, Sacramento: Sentencing Hearing for Richard Marino

Sentencing Hearing at 9:30am before Judge Lawrence K. Karlton in U.S.
District Court (E.D., CA)
http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&addr=501+I+Street%2C+&csz=sacramento%2C+ca&country=us&Get%A0Map=Get+Map,

Courtroom 4 at 501 "I" Street in Sacramento. Sacramento County
dispensary operator Richard Marino was raided on September 3, 2004 at
Capitol Compassionate Care Center and at his home in Newcastle, CA. DEA
agents allegedly seized 250 plants, 20 pounds of processed medical
marijuana, and more than $100,000. Criminal charges were not filed for
more than a year and a half, but on January 13, 2006, Marino was
indicted for conspiracy to distribute marijuana, possession with the
intent to distribute marijuana, manufacturing marijuana, and money
laundering. The federal government also began forfeiture proceedings on
Marino's home and the facility in which Marino ran his business. On May
6, 2008, Marino pled guilty to the federal conspiracy and money
laundering charges after reaching a plea deal that gave him a possible
sentencing range of 3.5-5 years of prison time. If he had taken the case
to trial, Marino would not have been allowed to raise an affirmative
medical marijuana defense. Marino remains out on bail. You can confirm
the time of the hearing at Judge Karlton's Court Calendar
http://www.caed.uscourts.gov/wconnect/wc.dll?caedprocess%7ECourtRoomCalendar%7E.

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10. Tuesday, July 22, Sacramento: Status Hearing for Mike Lombardo

Status Hearing at 9:30am before Judge Lawrence K. Karlton in U.S.
District Court (E.D., CA), 15th Floor at 501 "I" Street
http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&newFL=Use+Address+Below&addr=501+I+Street%2C+&csz=sacramento%2C+ca&country=us&Get%A0Map=Get+Map

in Sacramento. On September 13, 2007, the Nevada County Sheriffs called
in the DEA and they jointly raided the residence of 50-year old chronic
pain sufferer Lombardo in Big Oak Valley, confiscating a mere 65 plants,
and charging him with cultivation w/ intent to sell. The federal
government is also proceeding with asset forfeiture. You can confirm the
time of the hearing at Judge Karlton's Court Calendar
http://www.caed.uscourts.gov/wconnect/wc.dll?caedprocess%7ECourtRoomCalendar%7E.

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Marijuana Icon Special Events

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11. Friday, July 25, Santa Rosa: Meet & Greet with ASA California
Director Don Duncan

Come Meet ASA's California Director for updates on statewide successes,
goals, and local strategies for Emergency Response.

Who: Every medical cannabis patient, advocate, or provider in the Sonoma
County and surrounding areas

What: Special Sonoma County Chapter American's for Safe Access Meeting
with California Director Don Duncan

When: 5-7pm, Friday, July 25th 2008

Where: Department of Public Health, North & South City View Rooms
625 5th Street in Santa Rosa
Between Humboldt & Mendocino Ave.
Please note: Parking meters require payment until 6pm. Department of
public health is closed after 5pm. Please knock loud or enter the glass
door to the right of main entrance.

For more info, call 510-251-1856 or email sarah [at] safeaccessnow.org

At the meeting, Don will discuss ASA's California campaign, including:

* ASA's landmark victory in the California Appeals Court, which help
that wrongfully confiscated medicine must be returned -- despite
federal law!
* The California Assembly approved ASA sponsored legislation to
protect legal patients from employment discrimination (AB 2279).
How ASA plans to accomplish the next steps, passing the Senate,
and getting signed by the Governor this year.
* Together we will work on local strategy for grassroots opposition
to DEA interference. Find out about ASA's efforts already underway
in Sacramento and Washington, DC, to stop the raids once and for all.