The week started off with a bang, as Americans for Safe Access (ASA) Chief Counsel Joe Elford threatened to file a lawsuit against Los Angeles if the city banned medical marijuana “sales.” The threat was in response to public statements made by City Attorney Carmen Trutanich that over-the-counter sales of medical marijuana are illegal under state law. Trutanich had been urging the Los Angeles City Council to adopt his proposed ordinance banning over-the-counter sales.

ASA is confident that Trutanich has a flawed interpretation of state law. The Medical Marijuana Program Act, landmark court decisions, California Attorney General guidelines, and a sales tax policy by the State Board of Equalization provide ample evidence that medical marijuana sales are legal. So, ASA decided to fight Trutanich using his own public relations strategy. The Friday before ASA threatened to file suit against the City of Los Angeles, Elford went on Air Talk, broadcast by KPCC, the NPR affiliate, to debate the issue of sales with Special Assistant City Attorney David Berger. (more…)

U.S. Attorney Joseph Russoniello expressed his desire yesterday for medical marijuana dispensaries in San Francisco to be run as “communes” rather than as “candy stores.” Russoniello’s reference to “candy stores” is confusing enough, but the Bush-appointed federal prosecutor’s shift from conservative free-market thinking to Marxist communism was a surprise to many in the medical marijuana movement, not to mention the public at large. (more…)

Allison Margolin

(This is a guest blog by Allison B. Margolin, Esq.)

As the Obama administration attempts to steer federal agents away from prosecuting marijuana dispensaries, the LA District Attorney and City Attorney’s Office are attempting to undermine that shift by articulating a deceitfully narrow view of the state law.

Despite reports of trillion dollar deficits nationally and a collapsing state economy, District Attorney Steve Cooley says his office is committed to closing down revenue-generating medical marijuana dispensaries and the LA district attorney’s office continues to take prisoners of war in their fight against safe access to medical marijuana.

In doing so, LA City is threatening to plunge the state’s economy into further collapse by taking potential tax revenues that could be going to the state treasury. Moreover, the City’s position threatens to generate crime by forcing the huge demand for marijuana back to the street. If the free market has allowed for the proliferation of dispensaries, that demand is not going away. The avenue for its fulfillment will simply change and could go from safe to entrenched in the poly-drug trafficking black market economy.
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Jerry Brown

A spokesperson for California Attorney General Jerry Brown told the New York Times that the nonprofit sales of medical cannabis in storefront patients’ collectives are legal. The Attorney General is speaking up in response to a growing controversy about how to regulate hundreds of collectives and cooperatives in Los Angeles. City Attorney Carmen Trutanich told City Councilmembers in September that storefront collectives and nonprofit sales of cannabis are illegal, despite guidelines issued by the Attorney General last year that indicate otherwise.

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(This is a guest blog by Resipsa from the Landa Prison Outreach Project)

Stephanie Landa

Nearly three years ago, I drove veteran medical marijuana cultivator and activist Stephanie Landa to San Francisco to surrender herself to federal authorities. Her attorney, Allison Margolin, had managed to stall the court for an extraordinarily long time, but Stephanie’s luck had run out, and it she’d been ordered to present herself at the federal building to begin a 41-month sentence.

Americans for Safe Access (ASA) had really been there for Stephanie. Among other things, they helped make her last press conference a great success. Executive Director Steph Sheer and California Director Don Duncan personally walked her through the jailhouse door. I was crying and distraught. But I did manage to promise my friend that I would be there for her while she was inside and I would drive her home, just as I had driven her to the jail.

Keeping my promise to bring her home involved detailed negotiations with the prison and three pages of instructions. But in the end, the warden himself signed off on the paperwork.
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Last Friday, a day after Los Angeles City Attorney Carmen Trutanich and District Attorney Steve Cooley attended a law enforcement training hosted by the California Narcotic Officers Association (CNOA) on the “eradication” of medical marijuana dispensaries, both officials declared a war on safe, affordable access to this therapeutic substance. In multiple newspapers, Trutanich and Cooley flagrantly stated their opinion that almost all dispensaries in Los Angeles are operating illegally, in violation of state law. Not only did these local prosecutors fail to provide any evidence of such violations, making unfounded accusations instead, but they have also ignored (or, more appropriately, rebuffed) the California Attorney General guidelines on this matter. (more…)

From the Ukiah Daily Journal:

Mendocino County Sheriff Tom Allman has been ordered to give back 32 marijuana hash patties to two Redwood Valley defendants …  Henderson and Sutherland will receive 32 patties because the legal amount for a marijuana patient to have at the time of the seizure was eight ounces, according to the order, and four doctors’ recommendations were admitted as evidence in the case.

You might think the job of law enforcement is enforcing the law, but that’s not the way some California officers and organizations see it when it comes to the state’s medical cannabis statute. The latest disturbing evidence of this is an upcoming “training luncheon” on “The Eradication of Medical Marijuana Dispensaries in the City of Los Angeles and Los Angeles County,” hosted by the California Narcotic Officers Association (CNOA).

What’s shocking is not that the CNOA would resist state law – the organization is one of the oldest and most virulent opponents of medical cannabis in the state – but who will be joining them in the effort. Headlining the training on how to close down medical cannabis collectives are Los Angeles County District Attorney Steve Cooley and Los Angeles City Attorney Carmen Trutanich, and police officers from Los Angeles, Pasadena, and Alhambra. (more…)

The California Assembly will consider Senate Joint Resolution (SJR) 14 after the legislature reconvenes on January 4. The ASA-sponsored resolution passed the Senate in August, but the clock ran out on the legislative calendar on September 11 – just before the Assembly Committee on Health was ready to vote on the measure. ASA will be back in Sacramento in January to finish the campaign to pass SJR 14.

Earlier this year, the White House and US Attorney General signaled a willingness to develop a new federal policy. It is still unclear what that policy will look like. SJR 14, which is authored by Senator Mark Leno (D-San Francisco), calls for very specific changes to federal medical cannabis policy. (more…)

Steve Kubby,  Executive Director of the American Medical Marijuana Association, sent the following letter to San Diego District Attorney Bonnie M. Dumanis:

AMERICAN MEDICAL MARIJUANA ASSOCIATION
1017 Portola Drive, San Francisco, CA 94127
http://www.americanmarijuana.org/

September 12, 2009

Bonnie M. Dumanis
San Diego District Attorney
330 W. Broadway
San Diego,  CA 92101

Dear District Attorney Bonnie M. Dumanis,

Everyone is entitled to their own opinion about medical marijuana.  However they are not entitled to their own facts.  As someone who played a key role in the Prop. 215 campaign, I must correct several false and misleading statements issued by you recently.

Ms. Dumanis, we want to look up to our District Attorneys and believe what they tell us.  When opinions are being passed off as facts on an official DA website, such actions are viewed as a direct threat to public health and safety by the patients, physicians, nurses, lawyers, and scientists who support The American Medical Marijuana Association (AMMA).
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