ASA Weekly Alert 1-9-2009
January 12th, 2009Posted by George Pappas
1. ASA Goes on the Offensive to Sue Solano County on ID Cards
Americans for Safe Access filed suit against Solano County Monday for failing to implement the state-mandated program ID card program that would protect patients using medical cannabis from arrest and prosecution.
The county’s refusal to issue state ID cards, even after California Fourth District Court of Appeals ruled they must, comes after ASA sent Solano two letters last fall demanding they comply with state law or face litigation. Their refusal puts individuals living with illness at serious risk and makes it more difficult for law enforcement to adhere to California law.
“Solano County cannot simply flaunt its obligation under the law,” said ASA Chief Counsel Joe Elford. “This lawsuit is aimed at forcing counties like Solano to fully implement state law and to stop denying medical marijuana patients their legal rights and protections.”
Solano County is one of a handful of California counties without ID card programs despite state legislation adopted in 2003 under SB 420, and upheld in July 2008 by the courts. The Solano County Board of Supervisors in 2006 voted 3-2 against implementing the program, and has not discussed the issue since. A closed session discussion with the supervisors is expected to be held on Jan. 13.
Coincidentally, San Bernardino County resident Scott Bledsoe, represented by Attorney David Nick, filed a similar suit against San Bernardino with the help of ASA Affiliate Lanny Swerdlow, of the Marijuana Anti Prohibition Project. San Bernardino was a plaintiff on the original lawsuit against the State of California asserting they did not have to implement the ID cards. They lost the suit, and still refused to implement, spurring legal action.
http://www.timesheraldonline.com/ci_11384345?source=rss
2. ASA Files Contempt Briefs Against Montebello for Refusing to Uphold Medical Cannabis Law
Americans for Safe Access (ASA) filed legal briefs last week accusing the City of Montebello of contempt of court for refusing to return medical cannabis and other property wrongfully seized by its local police department.
In 2004, local police seized plants, growing equipment, and personal correspondence from the home of Terry Walker, who was legally qualified to use medical cannabis under California law. Walker’s criminal case was quickly dismissed and a court order issued for the return of his property, which the City of Montebello has refused to do.
“Given recent case law requiring police and local officials to respect state law and return any wrongfully seized medical marijuana, the City of Montebello has a clear obligation to adhere,” said Joe Elford, Chief Counsel with ASA. “This blatant contempt for the rule of law is unacceptable and cities like Montebello will be called out if such conduct continues.”
In November 2007, the California Fourth District Court of Appeal issued a decision in City of Garden Grove v. Superior Court rejecting the argument that the state’s medical cannabis law is preempted by federal marijuana laws. The court ruled that “it is not the job of the local police to enforce the federal drug laws.” The case involved Garden Grove resident Felix Kha who was charged after a routine traffic stop and 1/3 of an ounce of cannabis was seized, despite the fact that Kha was legally allowed to possess it. As a result of the appellate court decision, all localities in California are obligated to return wrongfully seized medical cannabis. And in December of 2008, the U.S. Supreme Court refused to review Garden Grove’s appeal, making the decision final.
“We are going to file contempt charges against cities and counties that run afoul of their obligation under the state’s medical marijuana law,” said Elford. “The indiscretion of city’s like Montebello will not be tolerated, especially more than twelve years after the passage of Proposition 215.”
The brief points to the California Code of Civil Procedure, which makes punishable by contempt of court “disobedience of any lawful judgment, order, or process of the court.” In addition, the brief states “courts have the inherent power to punish acts that interfere with the orderly conduct of proceedings,” such as those in Walker’s case.
3. Charles Lynch Denied New Trial
On Monday, a Los Angeles judge denied Charles Lynch’s request for a new trial. Lynch was arrested in 2007 and later convicted on federal charges related to operating the Central Coast Compassionate Caregivers facility in a case that received national prominence and highlighted the aggressive conflict between state and federal medical cannabis laws. It brought wide attention to the citizens caught in the middle and turned victims of a ideological and political crusade being carried out by federal prosecutors and the Drug Enforcement Agency.
Lynch’s sentencing is scheduled for February 23, when there is expected to be a major protest in support of his case. A large protest which took place on October 6th demonstrated the community support behind Lynch who, partly because of the absurd details of his arrest and conviction, and partly because his case was picked up by Drew Carey’s Reason.tv and made national headlines, has become a figurehead in the national medical cannabis movement. Lynch has said he plans to do everything he can to continue to fight the charges. DEA was called in to raid Lynch by the San Luis Obispo Sheriff, who’s office is currently the focus of numerous scandals. His arrest put the city in an uproar, as Lynch was operating in complete compliance with all California laws, was a prominent and well liked member the of the community, had the blessing of city council members and the mayor, none of whom Lynch’s judge allowed to testify in his defense.
Lynch even called the DEA prior to opening the dispensing collective in order to get their approval and to learn if they would interfere. DEA told Lynch that his ability to legally open a medical cannabis dispensary was up to the City of Morro Bay to decide. DEA then raided and prosecuted Lynch little over a year later, and he now stands to serve up to 100 years in federal prison.
Put February 23rd on your calendar if you live in the greater LA area. A broad show of community support can help Lynch receive a light sentence.
4. Medical Cannabis Dispensaries to be Allowed in Palm Springs
The city of Palm Springs voted 3-2 on Wednesday night to create a draft ordinance that would make it the first and only place in Riverside County to allow medical cannabis collectives and cooperatives. However, there are a number of currently operating dispensaries that, according to the city attorney and the Mayor, Palm Springs may take action against, having opened before the actual passage of the ordinance.
The draft ordinance will allow only two dispensing collectives to be zoned in the city’s industrial areas. City Manager David Ready suggested a lottery to choose which two collectives will be allowed to operate in the city.
Much credit should be given to ASA Affiliates Marijuana Anti Prohibition Project, and to Lanny Swerdlow for his hard work and leadership in organizing patients and pushing for access in Palm Springs.
January 17th, 2009 at 12:24 pm
It appears that change.org has announced the Top 10 Ideas for Change and listed the results “in no particular order.” I would think that the fact that “Legalize Marijuana” was the #1 Idea by far, would be pretty newsworthy. However change.org failed to mention it in any of their press releases. I’m wondering why the ideas were not listed in order of the number of votes each idea received? Could it be because “Legalize Marijuana” came in first? I’m very disappointed in change.org. It seems they are promoting change – if it’s the change they approve of. Let’s see how much effort they put into making the #1 Idea a reality. Let’s keep their feet to the fire and make sure #1 stays #1.