Welcome to the latest installment of ASA’s video testimonial project. As many of you may remember, the video testimonial project has been designed to help educate people about medical cannabis by having patients and supporters share their stories.

This project was also designed to help people like you educate your friends and family about medical cannabis by sharing these videos with your community. Forward this blog to family, friends, and community members and help spread the word about medical cannabis. Also, check back here next Monday for the next installment of the video testimonials.

Sandra from Santa Barbara

Thank you again to Carson Higby-Flowers for volunteering to record, edit, and produce the testimonials. Also, thank you to all of the brave patients, supporters, and advocates who took the time to come in and participate in the video shoot. Check out last week’s installment here. Also, be sure to check back next Monday for the next video testimonial installment.

DEA Raids Los Angeles Dispensary Today
From California Director Don Duncan

DEA agents confiscated vending machines from the Herbal Nutrition Center in Los Angeles early today. Witnesses reported seeing agents loading the machines into a rental van and securing the facility this afternoon. There have been no reports of arrests as of now, and one observer said the facility appeared to be closed at the time of the incident. This is the latest example of what advocates are calling a “smash and grab” raid, in which agents raid collectives and confiscate assets and medicine quickly to deter protesters.

If you have any further details about the raid please contact Sonnet@AmericansforSafeAccess.org

Law Enforcement Non-Cooperation Bill Headed for Committee

Next Tuesday, AB 2743, the law enforcement non-cooperation bill will be heard for the first time in the California State Assembly’s Committee on Public Safety. AB 2743, introduced by Assebmlymember Lori Saldaña, would prohibit local and state law enforcement from cooperating with the federal government in enforcement actions against medical cannabis patients and/or providers. ASA has been working with MPP and several other medical cannabis advocates to ensure that this bill passes through committee and moves forward towards an Assembly and Senate vote.

Especially since 2005, many local California law enforcement officials have cooperated with the federal government in investigating, raiding, and arresting medical marijuana patients and providers. In the most egregious cases, some of these providers had been permitted by local governments, only to later be turned over to the federal government by local law enforcement officials. This bill would bar local California law enforcement from cooperating with the federal government on medical cannabis enforcement.

AB 2743 will be voted in the Public Safety committee on Tuesday. To take action on this bill and contact your member of the assembly click here. To read more about this bill visit www.AmericansforSafeAccess.org/AB2743

Mendocino Lawsuits Filed to Protect Access Were Dismissed

The lawsuit filed by Mendocino County Attorney, Edie Lerman, on behalf of medical cannabis patients Paula A. Laguna and George Hanamoto challenging the legality of ballot initiative Measure B was dismissed this week by Mendocino County Superior Court Judge John Behnke. Another lawsuit similar to Laguna and Hanamoto’s filed by Green Party member Richard Johnson was also dismissed.

Measure B calls for stricter cultivation limits for medical cannabis patients than the California state limit and a repeal of the 2000 initiative Measure G, further limiting the number of plants a medical cannabis patient can have. Measure G decriminalized personal use of cannabis, with the intent to create safer access for medical cannabis patients. Measure G also allowed patients to cultivate up to 25 plants for personal use.

The lawsuits filed earlier this year both called for a writ of mandate to stop the ballot initiative from being printed for the June 3 Mendocino County elections. Both lawsuits stated that Measure B violates state law because there are two distinct components to the initiative: the repeal of Measure G and the reduction of plant limits for medical cannabis patients. California’s state constitution forbids initiatives from containing more than one subject. Laguna’s and Hanamoto’s lawsuit also stated that Measure B would violate SB 420, the Compassionate Use Act. Unforntunately, Judge Behnke found that Measure B neither violated the state constitution nor SB 420.

To read more about the dismissals of the lawsuits click here.

Last week, Alex at Drug Law Blog posted an interesting discussion about California medical marijuana legal issues.

This is a discussion of some aspects of California medical marijuana law and, to a lesser extent, the interaction between that law and federal regulation of marijuana. It is not an exhaustive discussion of every issue or every possible source of criminal liability in connection with medical marijuana. Rather, this discussion tries to describe some of the broad contours of California’s law and some of the areas of that law that are particularly challenging or unsettled.

His extensive post covers nearly every area of medical marijuana law, including asset forfeiture, return of property, collective cultivation, and the conflict between state and federal laws. It’s lengthy, but well worth the read so head over to Drug Law Blog to join in on the discussion.

(For some of ASA’s takes on these issues, check out our California Legal Manual and our landmark decision page.)

Welcome to the latest installment of ASA’s video testimonial project. As many of you may remember, the video testimonial project has been designed to help educate people about medical cannabis by having patients and supporters share their stories.

Scott from Oakland, CA

Thank you again to Carson Higby-Flowers for volunteering to record, edit, and produce the testimonials. Also, thank you to all of the brave patients, supporters, and advocates who took the time to come in and participate in the video shoot. Check out last week’s installment here. Also, be sure to check back next Monday for the next video testimonial installment.

AB 2279 Clears Committee and Moves towards Floor Vote

The ASA-sponsored bill, AB2279 was approved this week by the Assembly Labor and Employment Committee on a 6-2 party line vote. This bill if passed will protect the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination. AB2279, was introduced in February by Mark Leno (D-San Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego). The bill, which heads to the Assembly floor next, reverses a January California Supreme Court decision in Ross v. RagingWire. ASA argued the case before the court and is now a sponsor of the bill.

Last week, the bill passed a major hurdle by clearing the Judiciary Committee on a 6-3 vote. ASA and Assemblyman Leno’s office also secured the support of several prominent groups, including the Service Employees International Union (SEIU), the American Federation of State, County and Municipal Employees (AFSCME), the National Lawyers Guild, and several HIV/AIDS advocacy organization.

This week’s committee hearing featured numerous speakers in favor of the bill including Assemblymember Mark Leno, ASA’s Chief Counsel, Joe Elford, patient Gary Ross, and Lanette Davies. Read a more detailed play-by-play description of the hearing as reported in Rebecca Saltzman’s blog.

Watch ASA’s Chief Counsel, Joe Elford, medical cannabis patient Gary Ross, and others’ testimonies on video.

The next stop is the Assembly Floor. Look for an action alert from ASA next week to find out what you can do to help secure employment rights for California medical marijuana patients.

Tainted Compassionate Medicinal Edibles Defendants Plead Guilty

Jessica Sanders and David Anderson of Tainted Compassionate Medicinal Edibles were in federal court this week. The two were arrested along with Diallo McLinn on September 26, 2007, when the DEA raided five locations in Oakland and San Leandro, allegedly confiscating hundreds of edibles and 460 plants. The DEA later arrested Tainted co-founder Michael Martin when he voluntarily turned himself in after he arrived back from vacation. Tainted Compassionate Medicinal Edibles were available for patients as an alternative to smoking at dispensing collectives across the state.

During her federal hearing before Judge Wilkens on Wednesday, Sanders plead guilty to using a telephone to distribute marijuana, a charge relating to her taking an order for Compassionate Medicinal Edibles as the order clerk. Sanders decided to plead guilty rather than go to trial with the hope that this will move the court to be lenient during sentencing. Sanders’ felony charge does not have a mandatory minimum sentencing. Sanders awaits her sentencing hearing, which is tentatively set for July 9, 2008.

David Anderson flew in from his family home in Georgia this week to appear at his sentencing hearing on Thursday before Judge Brazil. Anderson plead guilty to the misdemeanor charge of knowingly aiding and abetting the possession of marijuana. Judge Brazil then sentenced Anderson to two years probation, to be served in his home state of Georgia with no mandatory drug testing. David Anderson was the final Tainted Employee to plead guilty to federal charges following the September raids.

Diallo McLinn previously plead guilty to a misdemeanor charge and was sentenced to two years of probation and mandatory drug testing. Michael Martin plead guilty in March to a single felony charge of conspiracy to manufacture a mixture containing marijuana. Martin’s sentencing hearing was originally set for July 2, 2008. That date may be subject to change. ASA will keep you updated on any changes in both Sanders’ and Martin’s sentencing hearings.

Read Vanessa Nelson’s fascinating court coverage articles about Jessica Sanders and David Anderson.

Los Angeles Supreme Court Judge Rules Against Collectives
From ASA California Director, Don Duncan

Yesterday, a Los Angeles Superior Court judge ruled again that landlords can evict tenants operating medical cannabis collectives based on the fact that their activity is illegal under federal law. The judge reaffirmed her January decision following following a motion to vacate by Union of Medical Marijuana Providers’ attorney Steve Schectman, who is defending multiple collectives facing eviction. Look for analysis of this decision in the near future.

The DEA has been sending copies of the judge’s January decision to landlords who have already received threatening letters.

Yesterday, ASA’s chief counsel, Joe Elford, and I traveled to Sacramento to attend the Assembly Labor Committee hearing on AB 2279, ASA’s medical marijuana employment rights bill. AB2279, which protects the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination, was introduced in February by Mark Leno (D-San Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego). The bill reverses a January California Supreme Court decision in Ross v. RagingWire. Joe argued argued the case before the court.

We met Gary Ross, the plaintiff in Ross v. RagingWire, outside the hearing room in the Capitol. We were all excited about the hearing and felt good about our chances of passage. Last week, we passed a major hurdle by clearing the Judiciary Committee on a 6-3 vote. We’ve also secured the support of several prominent groups, including the Service Employees International Union (SEIU), the American Federation of State, County and Municipal Employees (AFSCME), the National Lawyers Guild, and several HIV/AIDS advocacy organizations.

After sitting through discussions of several other labor bills, Chairman Sandre Swanson called for AB 2279 to be heard. Assemblymember Leno stepped down from his committee seat to speak about the merits of the bill. He spoke about the intent of the voters when passing Proposition 215 and the intent of the legislature when passing SB 420 – clearly, they intended for patients to have the right to work. Mr. Leno also clarified that AB 2279 does not cause employers to violate federal law and preserves the rights of employers to take action against employees that come to work impaired or consume medical marijuana at the workplace.

Gary Ross spoke next, focusing on his injury sustained while serving our country in the military and how medical marijuana has helped him deal with continuing pain and spasms. He also explained that marijuana has made him a better employee – since it relieves his pain, he is absent from work less frequently. Gary urged the committee to vote yes to spare other California patients the ordeal he has gone through.

Joe Elford followed, explaining the decision in the Ross case and why he thought the Supreme Court had made the wrong decision. He also explained that hundreds of thousands of patients rely on medical marijuana and should be allowed to work, an opinion shared by SEIU and AFSCME, which represent nearly a million workers in the state. Lastly, Lanette Davies, who is an executive member of the California Chamber of Commerce and is involved with the League of Women Voters, voiced her support for the bill as an employer who has employed medical marijuana patients.

Our opposition followed, spouting the same misinformation we heard from them at the Judiciary Committee hearing. A representative from the Chamber of Commerce explained that while the Chamber was not opposed to medical marijuana, the medical use of marijuana is still illegal under federal law. She also said that employers currently are allowed to employee medical marijuana patients, but they should have the choice of whether they want to do so based on whether this fits with their “workplace culture”.

Next, a representative from the National Federation of Independent Business voiced his concerns about the bill. He stated that testing for impairment on the job would be difficult and employees could still come to work impaired. He argued that if a medical marijuana patient was impaired and caused an accident, the employer would be held liable and would have to provide worker’s compensation. After he spoke, a representative from the California Manufacturing and Technology Association briefly voiced his opposition to the bill.

After the testimony was heard, Chairman Swanson asked committee members if they had any questions. Ira Ruskin asked a brief question about the amended language from Judiciary Committee, and John Laird (who sits on both the Judiciary and Labor committees) responded that it was his proposed amendment and the new language satisfied his previous concerns.

Swanson then took his turn to grill the opponents. He asked the rep from the National Federation of Independent Business whether he had any statistics or examples of accidents medical marijuana patients had caused. Our opponents could not even come up with one example. (As a side note, this interchange made me proud that Swanson represents me and my district in the Assembly.)

In his closing testimony, Leno hammered this point home even further. He told the opponents that they needed to be more proactive if they were to continue opposing the bill (his staff has been open to meeting with them and negotiating language), and that the opponents’ reasoning had become circular. Proposition 215 was passed in 1996, and the opponents still couldn’t come up with even one example of a workplace accident caused by a medical marijuana patient. Leno concluded by asking the committee members to consider the intent of Prop 215 and urged them to vote for the bill because the alternative is that medical marijuana patients could become unemployed and wards of the state.

The committee passed the bill, on a 6-2 party line vote. The next stop is the Assembly Floor. We have a ways to go before securing employment rights for California medical marijuana patients, but at least now, we’re one step closer.

So, I gave a lecture yesterday at the Haas School of Business (Berkeley’s business school) on medical marijuana.  We covered a wide variety of topics, such as the legal definition of a collective, sales taxes, the wasted expenses of law enforcement, and employment discrimination.  There were a lot of thoughtful questions, and several hands still in the air when I had to conclude.  The students were particularly interested in the amount of sales tax that has been paid to the State and what is motivating the federal government’s position.  It was a very useful way to learn what our future business leaders think about the issues.

Welcome to the latest installment of ASA’s video testimonial project. As many of you may remember, the video testimonial project has been designed to help educate people about medical cannabis by having patients and supporters share their stories.

This project was also designed to help people like you educate your friends and family about medical cannabis by sharing these videos with your community. Forward this blog to family, friends, and community members and help spread the word about medical cannabis. Also, check back here next Monday for the next installment of the video testimonials.

James Anthony from Oakland, CA

Thank you again to Carson Higby-Flowers for volunteering to record, edit, and produce the testimonials. Also, thank you to all of the brave patients, supporters, and advocates who took the time to come in and participate in the video shoot. Check out last week’s installment here.

ASA-Sponsored Patient Employment Bill Clears First Hurdle While Sales Tax Bill is Stalled

On Tuesday, Americans for Safe Access (ASA) scored a victory for patients’ rights, as the California Assembly Judiciary Committee approved our medical marijuana employment rights bill in a 6-3 vote. AB 2279, authored by Assemblymember Mark Leno and sponsored by ASA, would protect the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination. Read more about AB 2279 here: www.AmericansForSafeAccess.org/AB2279

Approval from the Committee on Judiciary was the first big legislative test. ASA staff helped recruit important endorsements, including the Service Employees International Union (SEIU), the American Federation of State, County, and Municipal Employees (AFSCME), the National Lawyers Guild, and several HIV/AIDS advocacy organizations. Supreme Court plaintiff Gary Ross and ASA’s Chief Counsel Joe Elford testified before the committee. Elford responded to several complex legal questions from the committee members.

Though we’ve passed this first hurdle, we have more hurdles to clear before AB 2279 becomes law. Next week, the bill will go before the Assembly Labor Committee. Then it’s on to the Assembly Floor, the Senate, and finally to the Governor’s desk. Thank you to Gary Ross and Assemblymember Leno and his staff for supporting patients rights and helping educate the committee.

Not more than a day after this important benchmark was reached, the California Senate Tax & Revenue Committee took no action on Senator Migden’s bill, SB 1098, after hearing testimony from medical cannabis providers and the attorney for former Board of Equalization Chairwoman Betty Yee. MPP and ASA had both invested significant work on this bill, recruiting patients, providers, and other supporters to testify at hearings, educating the public about this bill, and working with legislators to gain their support. The bill is now “in suspense,” meaning the committee will take no further action unless the Chairwoman calls it back for a vote. Read more about SB 1098 at: www.AmericansforSafeAccess.org/SB1098

SB 1098 would have granted amnesty to medical cannabis collectives for sales tax liabilities before October of 2005, when the BOE changed its policy to allow the organizations to obtain a seller’s permit. Collectives would have been obligated to pay all sales tax back to October 2005 and keep paying current liabilities to qualify. Unfortunately, Senate leaders were not persuaded by arguments that the limited, one-time amnesty would pump hundreds of millions of dollars into state coffers.

Police Return Medicine to Huntington Beach Patient

This week marked a potential sea-change for patients rights in Orange County. A Huntington Beach medical cannabis patient received his 30 grams of medicine back from local law enforcement. The patient, Dave Lucas, filed a return of property request following the confiscation of his medicine by a local police officer over a year ago. When the officer took his medicine he looked at Lucas’ doctor recommendation and stated, “We don’t follow that law here”.

Medical cannabis patient and activist Bill Britt assisted Lucas in filing the return of property request. The judge overseeing the case initially stated that Lucas should have his medicine returned, but then put a hold on the case pending the Kha vs. Orange County appellate decision. ASA’s landmark litigation, argued by ASA Chief Counsel, Joe Elford, establishes patients’ right to the return of wrongfully seized medical cannabis was affirmed by the California Supreme Court on March 19. Following the California Supreme Court’s decision to not de-publish the Kha case, the judge ruled once more and issued a court order to have Lucas’ medicine returned.

Read more about the victory in the Mercury News as reported by the Associated Press.

Patients Prevent Del Norte Board of Supervisors from Cutting Access

Several medical cannabis patients and advocates gathered at the Del Norte Board of Supervisors meeting this week to show their support for safe access. The supervisors were considering cutting access in Del Norte by reducing the number of plants a patient can have for medical use from 99 down to 6 plants or 8 ounces per patient. This significant cut could have an overwhelmingly negative impact on patients and caregivers.

Patients, caregivers, and advocates in Del Norte sprung into action to show their support for the current limits and to voice concerns to limiting access. As a result of patient and supporter testimonies, the Del Norte Board of Supervisors voted to go back to the drawing board and create a proposal that will still limit the current number of plants, but with less extreme limits. Patients and supporters in Del Norte will continue to advocate for access and will be working with the board to help establish reasonable limits. Congratulations to all of those who came out in support for safe access!

Read more about the hearing in the Triplicate.


ASA Participates in 5th Bi-Annual Patients Out of Time Conference

Last weekend, ASA staff was joined by members, chapters, and affiliates from all over the country at the 5th bi-annual Patients Out of Time conference. The conference hosted dozens of scientists and researchers from the U.S.A., Canada, the Netherlands, Israel, and a handful of other countries who presented on medical cannabis research projects. Several of ASA’s Medical and Scientific Advisory board members presented, including Philippe Lucas, Rick Doblin, Ph.D, and Robert Melameade, Ph.D. Board member Jahan Marcu participated in the conference.

Dozens of ASA’s members, chapters, and affiliates attended the conference. ASA had chapter and affiliate representatives from the following states: California, Hawaii, Maryland, Missouri, Montana, New Jersey, and North Carolina.

Thank you to all the ASA supporters who attended the conference. Your support and attendance helped represent the patient and caregiver voice at this important medical cannabis research conference.

Welcome to the latest installment of ASA’s video testimonial project. As many of you may remember, the video testimonial project has been designed to help educate people about medical cannabis by having patients and supporters share their stories.

This project was also designed to help people like you educate your friends and family about medical cannabis by sharing these videos with your community. Forward this blog to family, friends, and community members and help spread the word about medical cannabis. Also, check back here next Monday for the next installment of the video testimonials.

Roy from Marin County, CA

Thank you again to Carson Higby-Flowers for volunteering to record, edit, and produce the testimonials. Also, thank you to all of the brave patients, supporters, and advocates who took the time to come in and participate in the video shoot. Check out last week’s installment here.