Archive for September, 2009

Implementation, Not Eradication (Updated)

Tuesday, September 29th, 2009
Posted by Don Duncan

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…)

AP: “Medical marijuana law creates confusion in Wash”

Wednesday, September 23rd, 2009
Posted by sanjeev

From the Associated Press:

SEATTLE — In one corner of Washington state, a 62-year-old rheumatoid arthritis patient could face more than eight years in prison for growing marijuana for himself and three others. In Seattle, meanwhile, a collection of grow operations serves 2,000 people with little interference from police…

…Unlike some states, Washington requires patients to grow marijuana themselves or designate a caregiver to grow it for them. For many, that’s unrealistic: They’re too sick to grow cannabis themselves and don’t have the thousands of dollars it can cost for a caregiver to set up a proper growing operation.

CA Assembly to Consider SJR 14 in January

Monday, September 21st, 2009
Posted by Don Duncan

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…)

Protecting patient-cultivators in LA

Thursday, September 17th, 2009
Posted by Don Duncan

From AboutMedicalMarijuana.com – “Protecting Patient-Cultivators

“Medical cannabis collectives in Los Angeles may have to tell the police department who grows their medicine if the City Council adopts a  draft ordinance that will be heard before the Planning and Land Use Management (PLUM) Committee on Tuesday… That provision would give patient-cultivators pause in the most tolerant jurisdictions, but it is a poison pill in a city where local law enforcement considers all medical cannabis activity suspect and routinely cooperates with the Drug Enforcement Administration to close collectives under federal law…”

Read the entire post with links at AboutMedicalMarijuana.com

A Letter to the San Diego D.A.

Monday, September 14th, 2009
Posted by sanjeev

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).
(more…)

“Shock and Awe” Enforcement Has No Place in Civil Society

Thursday, September 10th, 2009
Posted by Kris Hermes

The “shock and awe” tactics used by local and federal law enforcement yesterday to raid several medical marijuana providers were indefensible. One would have thought that such paramilitary-style raids were a thing of the past, a remnant of the Bush Administration. And, yet, videos like this one indicate that not only is law enforcement still trying to undermine California’s medical marijuana law, it’s being done with a vengeance. Where else would you see wheelchair-bound people being thrown into police squad cars?


(more…)

Iowa newspaper: “Decriminalize marijuana for medical use”

Tuesday, September 8th, 2009
Posted by sanjeev

From the Globe Gazette (Mason City, Iowa):

Iowa’s lawmakers must do the compassionate thing and legalize marijuana for medical use. This drug is no cure-all, but there has been enough tested research detailing its benefits to convince us that it has positive health benefits and a legitimate place in a patient’s spectrum of care.

Getting Ready for a Raid

Sunday, September 6th, 2009
Posted by Don Duncan

Too soon for complacency in Los Angeles

The Los Angeles Police Department (LAPD) has recently stepped up enforcement against medical cannabis dispensing collectives in the city, and there is reason to believe that this may be the beginning of a new trend. Americans for Safe Access (ASA) is encouraging patients and providers to prepare in advance for a possible confrontation with local police. Taking some simple precautions in advance and knowing what to do during an LAPD raid can preserve your rights and keep you out of serious trouble.

The federal threat to medical cannabis is receding under the Obama Administration, and the White House and US Attorney General have signaled a willingness to create a new federal policy in comments made earlier this year. ASA is working hard to shape that new policy right now. That does not mean medical cannabis patients and providers are in the clear. There have been a handful of DEA raids this year, and local police and Sheriff’s departments may be moving to fill the perceived gap left by diminished federal activity.

The Los Angeles City Attorney and City Council are struggling to create workable regulations for collectives and cooperatives in the city right now. They are also dealing with the legal and public relations fall out from hundreds of facilities that opened under a now-defunct hardship provision in the moratorium on new storefronts adopted in 2007. The continued proliferation of storefronts in Los Angeles has raised the ire of both neighborhood groups and the LAPD. It is not hard to imagine that the LAPD will soon respond to political and media pressure by taking action against collectives and cooperatives they deem to be illegal or problematic. It is unlikely we can trust the department will be discriminating in which facilities they target. Everyone should be ready for an emergency.

ASA offers raid preparedness training for staff and volunteers at medical cannabis collectives and cooperatives. Conducted by experienced ASA staff, this one to two-hour course teaches attendees what to expect in a raid, how to assert their rights to protect themselves and others, and what to do to prepare in advance. You can schedule raid preparedness training for your friends or co-workers by emailing our headquarters at info@AmericansForSafeAccessNow.org or calling toll free (888) 929-4367.

Unfortunately, we can not train every facility in Los Angeles. Please share the information below with your friends or co-workers who are concerned about LAPD raids. Being prepared and knowing what to do is the best way to protect yourself and others. We also hope that you will support ASA in our ongoing efforts to protect and expand patients’ rights – and to finally change federal law.

Be Prepared in Advance

  • Establish a relationship with a criminal defense attorney in advance and memorize his or her number. It is important that you have someone standing by to help with bail, bail hearings, or arraignment. ASA does not recommend specific attorneys, but you can find a list online.
  • Know your rights! Read ASA’s free online Legal Manual and discuss it with others.
  • Make a plan with your friends and co-workers in advance so that everyone knows how to assert his or her rights and what to do to stay safe. ASA raid preparedness training can help accomplish this.
  • Organize your support in advance. Collectives and cooperatives should have a phone tree or off-site emergency contact person to alert if there is a raid. You may want to notify your lawyer, employees or volunteers, collective members, etc.
  • Organize and operate your collective in accordance with state law. This means carefully screening members, preventing any diversion of medicine, and operating in a not-for-profit fashion Read ASA’s report on guidelines established by the California Attorney General at  for more information.

Stay Safe in a Raid

  • Never run from the police, hide, or physically resist during a raid. Keep your hands in plain view. Never antagonize or provoke the officers. Police officers will be nervous and afraid when entering an unknown situation. They may respond with force if they perceive you as a threat.
  • Show your ID when asked, without answering any additional questions. This will save you the hassle of being detained for identification at the police station. Be aware that the police will check to see if you have any warrants, and arrest you if you do.
  • Invoke your constitutional rights by clearly saying, “I choose to remain silent. I wish to speak to an attorney.” Do not answer questions, argue with the police, or be drawn into seemingly harmless conversations. Everything you say can and will be used against you. You have nothing to gain by talking with the police during a raid.
  • Know that the police can lie, intimidate, and manipulate you during a raid. Don’t be fooled. ASA raid preparedness training can help you anticipate strategies they will use. Protect yourself by remaining silent at all times. There will be plenty of time to talk to lawyers, co-workers, and the media after the police leave.

LA City Council Endorses SJR 14

Friday, September 4th, 2009
Posted by Don Duncan

The Los Angeles City Council voted today to endorse Senate Joint Resolution (SJR) 14, an ASA-sponsored resolution authored by California Senator Mark Leno (D-San Francisco), which calls on the President and US Congress to make important changes in federal medical cannabis policies. The city’s endorsement comes just after SJR 14 was approved by the California Senate and is moving to the Assembly Committee on Health.

City Councilmembers Jose Huizar, Dennis Zine, and Janice Hahn made the motion in July, after we talked about what the city could do help finally harmonize federal law with California law. Los Angeles has more medical cannabis collectives and cooperatives than any other city in the state, and has struggled with how best to regulate safe access in the midst of the former Bush Administration’s campaign of interference and intimidation. Angelinos and their elected officials hope the regulatory process will be easier if the President and US Congress implement the recommendations in SJR 14.

Thank you, LA Councilmembers, for supporting medical cannabis patients and SJR 14!

LA Times Editorial Nails Federal Monopoly on Research Marijuana and Urges Change

Friday, September 4th, 2009
Posted by Kris Hermes

Kudos to the Los Angeles Times for publishing an editorial today on medical marijuana that gets at the heart of the federal obstruction of meaningful research into one of the most promising therapeutic substances.

Despite a press release recently issued by Americans for Safe Access on the federal solicitation of proposals for the production and distribution of medical marijuana, and a report published in April highlighting the government’s monopoly on marijuana research, mainstream media coverage has been scant. (more…)