Posted by Sonnet Seeborg Gabbard
Victory in Kha Case Will Have a Major Impact for Patients
This week, medical marijuana patients throughout California received a monumental victory. On Wednesday, a California Appeals Court ruled that “it is not the job of the local police to enforce the federal drug laws.” Ending years of dispute, the court ruled in favor of Felix Kha, a medical marijuana patient seeking the return of his medical marijuana that was seized by police. In a ruling that rejects law enforcement’s claim that federal law preempts the state’s medical marijuana law, the court asserted “we do not believe the federal drug laws supersede or preempt Kha’s right to the return of his property.”
Joe Elford, ASA’s Chief Counsel, said it best when asked about the effect this case will have. Elford said, “This case will have beneficial ripple effects on all of our other cases, since the decision is so comprehensive. This was an even better decision that I would have hoped.”
This victory is the result of years of work put in by ASA’s legal staff, volunteers, activists, and patients. Kha, a medical marijuana patient, was cited for marijuana possession and had his medicine seized in 2005. The case was quickly dismissed, but the City of Garden Grove refused to return the unlawfully seized medicine. After more than 2 years of waiting, the appellate court’s decision puts an end to state law enforcement seizing medicine from patients, preventing future injustices like the one Kha faced.
Since proposition 215 passed, the seizure of medicine by California law enforcement has been a far too common experience for many of California’s terminally ill and chronic disease patients. Just in the past two years, ASA has compiled reports from nearly eight hundred patient encounters with local or state police. These glaring trends will now be forced to end due to this court decision.
As a result of this court decision, ASA will be revamping our Return of Property campaign to ensure justice for all patients who have had their medicine taken away. Noah Mamber, ASA’s Legal Coordinator says about the decision, “The Legal Department is very excited about the possibilities that this decision creates. Since every Superior Court in the state must follow this decision, we intend to simplify our Motion for Return of Property template, and relaunch the campaign, encouraging all patients who were possessing their medicine legally and have had it confiscated to use this case in trying to get it back. The more motions we file, the more pressure the judges will exert on the district attorneys and police to stop harassing legal patients.”
Read more about the decision in our press release at:http://www.safeaccessnow.org/article.php?id=5251
Read the press coverage by:
NY Times: http://www.nytimes.com/2007/11/30/us/30pot.html?ref=us
SF Chronicle: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/30/BAIFTLCNQ.DTL
The Recorder: http://www.law.com/jsp/article.jsp?id=1196361712064
Orange County Register: http://www.ocregister.com/news/marijuana-law-kha-1931328-state-garden
CBS 2: http://cbs2.com/local/Medical.Marijuana.Garden.2.598475.html
Medical Marijuana Movement Loses Linda Senti
From Chris Payaso, c/o Oaksterdam News and Weedbay.net:
It is with great sadness that I am writing to tell you all that a great shining light of compassion and freedom here in California has been snuffed out.
Linda Senti, wife of cannabis activist Eddy Lepp, passed from this world at 8 pm PST Sunday, November 25.
Linda was my closest confidant and friend in California, and although sad at her passing, I am happy she is no longer in pain from the cancer she has been fighting for decades.
Please pray for Linda, and especially Eddy Lepp. He needs all the support and love that we can offer so that he can continue fighting for OUR RIGHTS.
Both Eddy and Linda worked tirelessly for at least the last 20 years together on their vision. A vision that included personal freedom for everyone.
Sonoma County Board of Supervisors Deny Dispensary Permit
This week, in a disappointing act, the Sonoma Board of Supervisors denied Creekside Medicinal Organics their permit in a 3-0 vote with two Supervisors missing. Despite the large contingency of Sonoma ASA chapter members, patients, and activists who testified in support of Creekside Medicinal Organics, the board went ahead and voted the permit down, citing ordinance residential zoning rule. The collective had met every stipulation of the county’s ordinance with one small exception. The land parcel site is 53 feet from residential zoning. The ordinance rule is 100 feet. The physical building, however, is located over two hundred feet from the residential zoning, but because parcel line is only 53 feet away, the permit was recommended for denial and then voted down in a unanimous decision.
ASA would like to thank Sonoma ASA and all the activists, patients, and concerned citizens that showed up in support of the collective. Even though we did not win, we appreciate your hard work and your commitment to safe access. It is people like you that keep this movement alive and strong.
Read more about the hearing at: http://www.ktvu.com/news/14710912/detail.html
Update on Long Beach Raid
Two weeks ago, DEA agents raided Long Beach Compassionate Caregivers, seizing medicine and other resources and arresting the collective’s operator, Samuel Matthew Fata. The collective has remained closed since the raid, and ASA has not received reports of their plans to reopen. The raid was the first federal attack on a dispensary in Long Beach, and the DEA has released a press statement saying it will not be the last.
The city of Long Beach does not have a dispensary ordinance, nor regulations in place, despite the reported 10+ dispensaries in the city. Several dispensaries in Long Beach have fallen under attack recently when the DEA issued asset forfeiture letters to the facilities’ landlords. ASA will report breaking news on access in Long Beach as well as upcoming court dates and support for the collective as we receive reports. If you have any information about upcoming court dates for Fata, please contact Sonnet@AmericansforSafeAccess.org
To read more about the raid, see the following news articles: