ASA Weekly Alert 5/1/2009
May 1st, 2009Posted by George Pappas
1. ASA Chief Counsel Gives Landmark Testimony in Lynch Sentencing Hearing
ASA Chief Counsel Joe Elford traveled to Los Angeles last week to give a landmark testimony in the sentencing of Charles C. Lynch, the medical cannabis dispensing collective operator who’s federal case has received national media attention, and may be the first to be sentenced under President Obama. Elford’s testimony marked the first time that California’s medical cannabis state law was allowed in federal court. Although not allowed in the trial itself, US Federal Judge George Wu requested briefs after conviction that would assert Lynch’s compliance with state law as a licensed dispensing collective operator who was well-known and a valued member of his community. After the testimony Judge Wu continued sentencing for a second time, until June 11.
Elford explained precisely how Lynch’s collective was legal under state law. The issue of whether or not Lynch believed his conduct was legal under state law will influence Judge Wu’s decision regarding the applicability of five-year mandatory minimum sentence. The judge promised to review the precedent cited by Elford, and the guidelines for medical cannabis he helped to craft with the California Attorney General last year.
The courtroom was filled to capacity and had extra federal marshals on hand to monitor the unusually large crowd. Observers listened to more than two hours of testimony from key players in the case. Owen Beck, the eighteen-year-old amputee and legal patient to whom Lynch provided cannabis, asked the judge for leniency in a heartfelt statement. The judge also heard from Lynch’s brother and the Mayor and City Attorney for Morro Bay, where Lynch operated Central Coast Compassionate Caregivers with the city’s blessing until March of 2007.
At the sentencing hearing on March 23, Judge Wu asked prosecutors to provide a statement from Washington, DC, regarding the evolving federal policy on medical cannabis in light of comments made by the White House and US Attorney General Erik Holder earlier this year. Unfortunately, the statement came back indicating that Lynch’s prosecution and sentencing were consistent with current policy. The incongruity between Holder¹s comments and the facts of Lynch¹s case, especially regarding compliance with state law, indicate that there is much work to be done with the Obama Administration in realizing the promise of the new American policy.
Judge Wu seemed committed to the two additional one-year mandatory minimum sentences Lynch faces, but asked both sides to brief him on what options he has besides jail if he decides to sentence Lynch to only one year and a day. This led many observers to speculate that a much lighter sentence may be possible. One of the most telling moments in the hearing was when Judge Wu conceded that "most people in this room" do not believe someone like Lynch belongs in jail.
The community support throughout the Lynch trial has been remarkable and has almost certainly influenced the sentencing. Supporters in the crowd sometimes reacted with gasps and unsatisfied murmurs to comments in the courtroom today. However, the most poignant message from the crowd was silent. When Federal Public Defender Reuven Cohen stepped up to the podium for the last time, the entire crowd stood in solidarity for the rest of the hearing.
2, Oakland City Council Places Medical Cannabis Tax on July Ballot
The Oakland City Council is asking municipal voters to increase the business tax on city-licensed medical cannabis dispensaries during the city’s July 21st election. At a council meeting last week, the city officials unanimously voted that the citizens should vote on the tax as an additional source of income during dire economic times. Oakland has long had a positive relationship with dispensing collectives, as the regulations instituted by the city for over 5 years have led to the model examples enjoyed by Bay Area qualified patients today.
The tax paid by Oakland’s four licensed dispensary operators would increase from $1.20 to $18 for every $1,000 in gross receipts. The new tax is estimated to increase city revenue more than $400,000 per year, and made national press, being featured in an article by the Wall Street Journal.
3. California Activists Converge in Berkeley
Activists traveled from throughout California to Berkeley last weekend to participate in ASA’s Strategy Session , held in conjunction with the Students for Sensible Drug Policy’s West Coast Regional Conference. There was great energy, enthusiasm, and input on what we need to do to impact California from here on out, and many thanks to SSDP for bringing together so many great young activists dedicated to pushing for justice in medical cannabis policies.
Over the weekend many ASA leaders and activists met face-to- face for the first time. They shared stories about different communities around California and gave input on the diverse strategies that ASA chapters use to fight for justice in patient civil rights, safe access to medical cannabis, law enforcement policies, and of course federal law. It was an incredible learning experience and those who attended left inspired and ready to go back and get to work!
The primary focus points were law enforcement education and federal law. Police around California often act outside of the word or spirit of the law, largely due to being mis-educated about the law and about medical cannabis. Activists also agreed that there are some injustices, including civil rights violations, that will never change until the federal government acts. Those who represent California in Congress need to speak with one voice in SUPPORT of medical cannabis. They do not currently, and that needs to change.
Each and every person left the last day committed to meeting with all three legislators: Senators Boxer and Feinstein, as well as their Representative! And we expressed the need for all those who could not attend the meeting to demonstrate the same commitment. Those who couldn’t come should find your legislator and set up those meetings immediately. It just takes 10 minutes to go in and to deliver ASA’s policy agenda . And the impact it will have on federal law may be immeasurable.
ASA is growing like never before. Now is the time to get involved as an ASA Ambassador , to start a chapter, and to tap into the statewide strategy for medical cannabis justice in California.
4. San Mateo Passes Uncertain Ordinance
Supervisors in San Mateo passed an ordinance regulating medical cannabis dispensing collectives this week that has some worried that the regulation goes so far as to make the safe access model unworkable.
Though supervisors seemed to be generally supportive of medical cannabis in their intent, unfounded concerns led to provisions in the ordinance that ban edible cannabis products and even ban sales of cultivated cannabis in dispensing collectives.
Because state law allows for reimbursement for medical cannabis, its not certain that the law will hold up in court; nor is it certain what the definition the county will use to describe what constitutes "sales." What is certain, however, is that Supervisors didn’t take a practical approach to looking at dispensing collective operation, how safe access works, and the fact that at some point reimbursement does need to change hands.
Other provisions of the ordinance forbid cooperatives from advertising, dictates they must have an alarm system, bars on windows, and exterior lighting, and cannot employ individuals convicted of a felony. Responsibility falls to the county licensing board for issuing the licenses. Activists in the area are challenging the problematic provisions at the Council level, though a date has not yet been set for the city to once again review the ordinance.
5. Galt, Temple City Councils Approve Moratoriums
The Galt City Council passed a moratorium on medical cananbis dispensing collectives last week, prompted by a citizen request for a permit. The 45 day permit was passed, according to county staff persons, to give the county time to look into drafting a regulatory ordinance. Though the city seemed intent to draft an ordinance, it is by no means a sure thing. Many cities have passed moratoria that have lasted years, and have used the action as a way to avoid addressing the problem of dispensing collective regulations . Galt citizens now have time to contact the staff and, more importantly, the City Council to weigh in with their concerns about the need for safe access in their community.
In addition, also prompted by a recent application to open a medical cannabis dispensing collective within city limits, Temple City officials have adopted a temporary moratorium. Officials say they need time to study the issue and "consider their longer-term options." Citizens in Temple City should be wary that those "longer-term options" do not quietly turn into bans on safe access to medical cannabis in the community.
