Posted by Sonnet Seeborg Gabbard
ASA Files New Arguments in San Diego Case
This week, patients throughout California along with the city of San Diego filed a brief incorporating two new legal arguments that oppose San Diego County’s attempt to defy and overturn California state law. Representing the medical marijuana patients of California, ASA’s Chief Counsel, Joe Elford filed the brief with the intent to highlight the recent California Court of Appeals decision in Kha vs. Garden Grove, which was released in late November of this year. San Diego County is awaiting a decision in their appeal, which was filed in early February.
San Diego County filed a lawsuit in February 2006 challenging the state requirement to implement an identification card program for qualified medical marijuana patients and their primary caregivers. In December 2006, San Diego Superior Court Judge William Nevitt, Jr. ruled that there is no “positive conflict” between federal and state law, affirming the sovereignty of state law. The Counties of San Diego and San Bernardino appealed in February.
ASA and the City of San Diego filed the amicus, “friend of the court,” brief citing the Kha decision. Since San Diego County’s main legal argument is that federal law preempts state law, incorporating the Kha decision in this recent brief has the potential to have an major impact in the lawsuit. The California’s Fourth Appellate District, which heard the Kha case, is the same appellate court that will hear this case. In the November 28th ruling in City of Garden Grove v. Superior Court of Orange County, the court held that state law was neither “preempted” nor “superseded” and stated further that, “it is not the job of the local police to enforce the federal drug laws…”
Read ASA’s press release about the brief here.
DEA Raids Los Angeles Dispensary
Herbal Nutrition Center in Los Angeles was raided yesterday afternoon by DEA agents. The collective was ransacked by agents, but no one was arrested. DEA agents seized medicine and vandalized displays and the collective’s surveillance system. As a result of the raid and the upcoming holidays the collective will be re-opening it’s doors on January 2, 2008. Thank you to all that came out to show your support. If you haven’t signed up for ASA’s raid alert text messaging system, do so today at: www.AmericansforSafeAccess.org/RaidAlert
Read a report about the raid from the collective’s operator on ASA’s forums at: http://www.safeaccessnow.org/punbb/viewtopic.php?id=642
Special Announcement: Tom Kikuchi has Moved to a Different Facility
ASA has been alerted that recently convicted Tom Kikuchi has been moved has been taken from Dyer Detention Center. Sarah Armstrong, longtime supporter and caretaker for victims of the war on medical marijuana reports that, “he feels this is a temporary situation, and that he will soon be shipped away to somewhere else, they will not tell him where.” Sarah has also reported that Tom has asked that people hold up on cards and letters until he can ascertain how long he will be at this federal facility. ASA will keep you updated as news comes in.
Tom Kikuchi, co-defendant along with Stephanie Landa and Kevin Gage, was sentenced only a few weeks ago to two years in a federal prison for violating the conditions of his federal supervised release. Read Vanessa Nelson’s article(s) on Tom Kikuchi at: http://www.medicalmarijuanaofamerica.com/content/view/166/111/