ASA’s Bill to Protect Patients’ Employment Rights Passes Full Assembly

On Wednesday, the California Assembly voted to approve legislation sponsored by Americans for Safe Access (ASA) that will protect medical cannabis patients from discrimination in the workplace!

AB2279, introduced in February by Assemblymember Mark Leno (D-San Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), would reverse a January California Supreme Court decision in the case Ross v. RagingWire. Support for the bill has been widespread, coming from labor, business, and health groups at the local and national level.

Thanks to a groundswell of grassroots support from thousands of ASA members and allies, AB 2279 is now on its way to the California Senate and then to the Governor’s desk. This is a tremendous step forward in ASA’s continuing work to defend and expand the rights of medical cannabis patients in California.

Thank you to everyone who contacted their assembly members to urge them to vote to protect patients’ rights. We will need your support again in the coming weeks to succeed in the Senate and to secure the Governor’s signature. Check upcoming weekly alerts for opportunities to take action

For more information on AB 2279, please visit www.AmericansForSafeAccess.org/AB2279.

DEA Raids Dispensaries in Los Angeles, Bay Area & Northern California

Los Angeles Raids, Protests & Arrests, by Don Duncan, California Director

On Tuesday, the DEA raided six dispensaries in Los Angeles, while advocates were rallying at City Hall. More than thirty Angelinos gathered in front of Los Angeles City Hall on Tuesday to deliver a petition with almost 600 signatures to Mayor Antonio Villaraigosa asking that he meet with representatives of the medical cannabis community to discuss his role in ending DEA interference and intimidation in the city. Los Angeles City Council Member Janice Hahn spoke to the advocates, saying she thought they were doing the right thing by focusing on the Mayor. She also said she did not want to see any more Los Angeles Police Department (LAPD) resources wasted on federal medical cannabis raids.

A small contingent of advocates took the petition to the Mayor’s office and spoke briefly with his staff and Deputy Mayor Larry Frank, who assured them that the Mayor supported medical cannabis patients. While the advocates were visiting the Mayor’s office, they got word that the DEA was raiding the same six medical cannabis collectives they raided in March for a second time. This time, the DEA upped the ante by arresting the operator and his wife on a forty one-count indictment.

Advocates at City Hall quickly moved to closest target facility on 16th Street. They were joined there by reinforcements marshaled by the ASA emergency text alert system. Finding the DEA still inside, protesters organized an impromptu blockade to hold the agents inside until media could arrive to document the raid. The protest ended peacefully after the LAPD safe crackers removed the contents of the safe and the DEA made a hasty exit. Congratulations are in order for the handful of protesters who were willing and able to stay for the entire three-hour ordeal. Special thanks are also due to the volunteers who brought water, food, and baseball caps to the parched protesters.

The DEA spin machine has already started to make excuses for the raid, claiming that this collective supplied cannabis that was a factor in a traffic accident that claimed the life of a California Highway Patrol officer in December. This is a disgusting exploitation of a tragic event in defense of a failed federal policy. The fact that the DEA must grasp for straws like this indicates how unpopular these paramilitary style raids are.

You can read more about the Los Angeles raids in ASA’s discussion forums.

Bay Area & Northern California Raids

On Wednesday, the DEA shifted it’s attention to the northern half of the state, raiding three locations of Holistic Solutions in Clearlake, Richmond, and San Mateo. The DEA also raided the home of Ken Estes, the operator of the dispensaries, and several locations that grew medical cannabis for the dispensaries.

One of the sites raided was located in Oakland, and there, the DEA made the mistake of leaving bags of marijuana behind after the raid. On Wednesday evening, Oakland police officers were on the site, arresting two suspects for allegedly breaking into the building to steal the marijuana that the DEA had left.

Ken Estes told several media outlets after the raid that he plans to reopen. Speaking to KTVU, he said, “I’m going to challenge the federal government. Once against the federal government is wrong.”

You can read more about the raids in the San Francisco Examiner.

Appellate Court Holds SB 420 Limits Unconstitutional; State Intends to Appeal Decision

Last week, the Court of Appeal for the Second Appellate District ruled that SB 420’s limit of the amount of marijuana a patient may possess constitutes an unconstitutional amendment of Proposition 215.

The case, People v. Kelly, involves a patient who had 12 ounces of marijuana and the prosecutor successfully argued to the jury that his possession of the marijuana was illegal because he had exceeded the “caps” of SB 420. The court overturned this conviction, on the grounds that the prosecutor had improperly argued that the defendant was guilty because he possessed more than the 8-ounce limit established in SB 420 and did not have a doctor’s recommendation authorizing more.

Joe Elford, ASA’s chief counsel, argues that while the SB 420 quantities would be an unconstitutional amendment of Proposition 215 if it limited the amount of marijuana a patient could possess, the SB 420 quantities are not “caps,” but are thresholds. “It might confuse things because [the appellate court says] those numbers are caps, and they are not,” said Elford. “But at the same time, to the extent they are telling law enforcement that they can’t use the … quantities as caps by which to harass or convict medical marijuana patients, it’s a good thing.”

The California Attorney General’s office announced earlier this week that it intends to appeal the decision to the California Supreme Court.

For more information about the ruling, please read Joe Elford’s blog post about People v. Kelly or read The Recorder article on the case.

Bill to Prevent Law Enforcement from Assisting in DEA Raids Stalled in the Assembly

by Aaron Smith, Marijuana Policy Project California Organizer

California’s A.B. 2743, MPP-sponsored legislation that would direct state and local agencies not to assist in federal raids on state-legal medical marijuana patients and providers was made inactive yesterday. But the bill garnered excellent support, with at least 38 or 39 senators committed to support it and fewer than that opposed.

The bill’s author, Assembly Member Lori Saldaña, chose not to bring the bill to a vote because it wouldn’t have received the necessary support to pass. Due to lack of political courage, a couple of key Democrats would not commit to voting for the bill and decided they would abstain. Under California law, a bill must receive 41 of the 80 Assembly Members’ votes. So even though there were more “yes” votes than “no” votes committed to the bill, it would have fallen just short of passage.

Monied law enforcement unions spent a great deal of effort lobbying against this bill and, in classic fashion, grossly misrepresented the truth about the legislation. Considering the opposition we faced and that it’s a critical election year for many legislators, getting this bill out of two legislative committees and within one or two votes of passing out of the Assembly was still a success.

We are continuing to explore our options for enacting a policy that ensures California’s vital law enforcement resources are not used to undermine our own laws. If a suitable way to enact the policy cannot be found this year, the progress we made in just the first year of working on this landmark legislation will make passing a similar law easier next year.

For more information about AB 2743, please visit www.AmericansForSafeAccess.org/AB2743

Sonoma Forum Shines Light on Candidates’ Views on Medical Cannabis

Yesterday, on May 29th the Sonoma County Medical Cannabis Council hosted a meet and greet at the Sonoma County Public Library for candidates for the Sonoma County Board of Supervisors. Eight of the fifteen candidates showed up, and twelve candidates responded to a questionnaire that was put out before hand. All of the candidates stated that they supported medical cannabis for patients in the county.

If you are interested in learning more about their responses, please download the response chart and the questionnaire.

I suspect this case is just a flash in the pan, but we shall see. People v. Kelly involves a patient who had 12 ounces of marijuana and the prosecutor successfully argued to the jury that his possession of the marijuana was illegal because he had exceeded the “caps” of SB 420. The Court of Appeal for the Second Appellate District (L.A.) reversed because it found that SB 420′s limit of the amount of marijuana a patient may possess constitutes an unconstitutional amendment of Proposition 215. Right result, wrong reasoning.

While the SB 420 quantities would be an unconstitutional amendment of Proposition 215 if it limited the amount of marijuana a patient could possess, the SB 420 quantities are not “caps,” but are thresholds. This is what the California Supreme Court said in People v. Wright at page 20, so I’m surprised the Kelly court did not recognize this. As thresholds, rather than caps, the SB 420 quantities likely do not amount to an unconstitutional amendment of a voter-approved initiative.

Although I’d be surprised to see this case survive an appeal to the California Supreme Court, it is a positive result in that it demonstrates that another appellate court is willing to rule in favor of medical marijuana patients.

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.

Dr. Robert Melamede, Colorado Springs, CO

Dr. Melamede is an associate professor of biology at the University of Colorado, in one of the 12 states that allow the medicinal use of marijuana and a member of ASA’s Medical and Scientific Advisory Board. You can read more about him and other members of the board here.

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, researchers, and advocates who took the time to participate in the video shoots. Check out last week’s installment here. Also, be sure to check back next Monday for the next video testimonial installment

Obama Takes a Stand for Safe Access- RNC Blasts Anti-States Rights Response

This week, presidential candidate Barack Obama made strong statements indicating he would end the DEA raids on medical marijuana providers. This is not the first time the presidential hopeful has committed to standing up for medical cannabis patients and providers. It is, however, one of the strongest statements describing in detail how he would protect medical cannabis laws by putting an end to federal raids.

In response to Obama’s comments, the Republican National Committee (RNC) issued a statement condemning Obama’s support for protecting state-sanctioned medical cannabis patients and providers. The RNC’s statement claimed that Obama’s “refusal to enforce the law reveals that <he> doesn’t have the experience necessary to do the job of the President, or that he fundamentally lacks the judgement to carry out the most basic functions of the Executive Branch…”

In direct contrast to the RNC’s claims that Obama lacks judgement on how to carry out the functions of the Executive Branch, as ASA has pointed out to supporters in the past, the President of the United States has the power to end federal raids by signing an Executive Order that would deny funds to the Department of Justice for federal enforcement efforts against patients and providers in states that have adopted medical marijuana laws.

Many Democrats, Rebublicans, and other party members have openly supported medical cannabis patients and the sovereignty of the 12 medical cannabis states. It is very concerning to see the RNC openly criticize a candidate for pledging to protect medical cannabis patients and providers.

Read a full analysis of Obama’s statements and the RNC’s reaction by ASA’s Chief of Staff, Rebecca Saltzman, on ASA’s blog.

Merced Patient Receives Court Ordered Fees for Confiscated Medicine and Suffering

This week, Merced County Judge Ron Hansen ordered that medical cannabis patient, Sam Matthews receive $800.00 in compensation for his confiscated medicine and for his pain and suffering. Matthews filed a lawsuit against the city of Merced following the confiscation of his medicine in October 2006. According to a spokesperson for the city, the judge ruled in favor of Hansen because he was following the city’s law. Judge Hansen ruled that $300.00 be awarded to Matthews to replace his confiscated medicine and additional $500.00 should be awarded due to pain and suffering. The city spokesperson also said the added compensation was awarded to Matthews because it was “in the interest of justice.”

Matthews’ victory is a great step forward for California patients.

Read more about this important case and Matthews’ other pending cases in the Merced Sun Star.

California Healthcare Collective Defendants Convicted in Federal Court

This week, following two days of deliberation, a federal jury delivered seven guilty verdicts in the case of California Healthcare Collective defendants and medical cannabis advocates, Luke Scarmazzo and Richard Montes. On September 27, 2006, the DEA raided the collective and arrested four people (owner-operators Luke Scarmazzo and Ricardo Montes and two staff members) on charges of distribution of marijuana and conspiracy to distribute. Scarmazzo and Montes were also charged with possession of firearms and money laundering. Recently, Lucky Boissiere, Jose and Antonio Malagon, Monica Valencia, Bradley Heinmiller, Bradley Wickliffe and Stephen DeMattos have pled guilty to avoid trial, and two defendants (Scarmazzo and Montes) have endured a grueling 2 week long federal trial. Federal medical marijuana defendants are not able to present medical evidence during trial.

Sadly, today, both Scarmazzo and Montes were convicted of manufacturing and distributing marijuana along with operating and continuing a criminal enterprise- a charge which carries a mandatory minimum sentence of 20 years to life. The jury found the defendants not guilty of possession of firearms and could not render a decision on the conspiracy charge. Right before the jury went into deliberations, one of the jurors asked to be removed the trial due to the fact that his wife had died shortly before the trial began and he was not in a state of mind to deliver a verdict. He was excused from the trial with the judge citing juror misconduct.

Both men will now await their sentencing hearing in federal custody due to the nature of their convictions. The hearing has been tentatively scheduled for August 24th.

Vanessa Nelson has been closely following the trial, and you can read these detailed accounts at www.MedicalMarijuanaOfAmerica.com:

Opening Statements In CHC Trial Reveal Government Weakness
Local Cops Take the Stand in CHC Trial
Sheriff’s Deputy Testifies About Undercover Buy at CHC
Government Rests Its Case in CHC Trial, Shows Scarmazzo Rap Video
Luke “the Business Man” Scarmazzo Takes the Stand in CHC Trial
Juror Drops Out of Deliberations in CHC Trial
Jury Receives Instructions for Deliberating CHC Case
Guilty Verdicts in CHC Trial, Scarmazzo and Montes in Custody

You can also read about today’s verdict in both the Modesto Bee and the Fresno Bee.

AB 2279 Vote Is Postponed- State Assembly is Expected to Vote on Monday

AB 2279, the Patients’ Employments Rights Bill, was scheduled for a floor vote this week, but again the vote has been postponed. The bill is expected to hit the floor for a vote on Monday, May 19th. If passed, this bill will end employment discrimination against patients. If you haven’t yet taken action to support this bill visit www.AmericansforSafeAccess.org/AB2279Action to protect patients’ rights!

For more information on AB 2279 go to: www.AmericansforSafeAccess.org/AB2279

This week, presidential candidate Barack Obama made strong statements indicating he would end the DEA raids on medical marijuana providers. These statements are in line with the nation’s views on medical marijuana – a 2002 TIME/CNN poll found that 80% of Americans approve of cannabis for medical use, and other polls show that a majority supports it in every region of the country, irrespective of age or party affiliation.

But the RNC apparently hasn’t seen these polls or just doesn’t care what the electorate thinks about this important issue. In response to Obama’s comments, they issued this statement:

Barack Obama’s pledge to stop Executive agencies from implementing laws passed by Congress raises serious doubts about his understanding of what the job of the President of the United States actually is. His refusal to enforce the law reveals that Barack Obama doesn’t have the experience necessary to do the job of President, or that he fundamentally lacks the judgment to carry out the most basic functions of the Executive Branch. What other laws would Barack Obama direct federal agents not to enforce?

On the contrary, I think Obama’s pledge to end raids on medical marijuana providers shows his deep understanding of the job as President. As we’ve mentioned here before, the next President of the United States has the power to end these raids by signing an Executive Order that would deny funds to the Department of Justice for federal enforcement efforts against patients and providers in states that have adopted medical marijuana laws.

The President’s job isn’t just to rubber stamp decisions made by Congress, especially when the President and the nation fundamentally disagree with these decisions. The President’s job is to lead our nation and to create and enforce policies that protect all US citizens, including medical marijuana patients. I applaud Obama for clearly stating that he will do this:

I would [end DEA raids on medical marijuana providers] because I think our federal agents have better things to do, like catching criminals and preventing terrorism. The way I want to approach the issue of medical marijuana is to base it on science. And if there is sound science that supports the use of medical marijuana and if it is controlled and prescribed in a way that other medicine is prescribed, then it’s something we should consider.

There are many Democrats and Republicans in Congress who support Obama’s statement, but in this case the Democratic front runner has clearly shown that he’s leaps and bounds ahead of the RNC on medical marijuana and patients’ rights.

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.

Philippe from Victoria, British Columbia, Canada

Philippe is the founder of Canadians for Safe Access and a member of ASA’s Medical and Scientific Advisory Board. You can read more about him and other members of the board here.

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, researchers, and advocates who took the time to participate in the video shoots. Check out last week’s installment here. Also, be sure to check back next Monday for the next video testimonial installment.

US House Judiciary Chairman Questions DEA Medical Marijuana Tactics

ASA’s ongoing campaign to hold the Drug Enforcement Administration (DEA) accountable for its continued efforts to undermine state medical marijuana laws is working. We are pleased to announce that US House Judiciary Committee Chairman John Conyers (D-MI) has sent a letter to DEA Acting Administrator Michele Leonhart challenging the DEA’s actions!

As a follow-up to a public statement he made in December, Chairman Conyers’ letter questions DEA directly about its heightened raid activity across California and its intimidation of property owners owners with threats of prosecution and asset forfeiture because they rent to medical cannabis dispensaries. This letter is an important and necessary step towards Congressional hearings by the House Judiciary Committee, which oversees the actions of the DEA.

ASA has worked closely with the House Judiciary Committee for the past several months to help produce this letter. Our work was bolstered by a statewide effort to get California’s elected officials to call for an end to the harmful tactics of the DEA. ASA and its allies were successful in garnering strong letters of support from several elected officials, urging Chairman Conyers to hold hearings. Among those who spoke up were Orange County Supervisor Chris Norby, Los Angeles City Councilmember Dennis Zine, and the mayors of Berkeley, Oakland, San Francisco, Santa Cruz, and West Hollywood.

Thanks to all of the California activists that worked with their local officials and with Chairman Conyers on this campaign. A special thanks goes out to Shona Gochenaur, Axis of Love; Dege Coutee, Patients Advocacy Network; San Francisco ASA; Becky DeKeuster, Berkeley Patients Group; Attorney James Anthony; and Lisa Molyneux, Greenway Compassionate Relief.

Please visit www.AmericansForSafeAccess.org/ConyersLetter to read the letter from Chairman Conyers. The San Francisco Chronicle covered the story, which you can read here.

Federal Government Presents its Case in California Healthcare Collective Trial

During the past week, Luke Scarmazzo and Ricardo Montes have faced trial for their involvement in the California Healthcare Collective dispensary in Modesto. On September 27, 2006, the DEA raided the collective and arrested four people (owner-operators Luke Scarmazzo and Ricardo Montes and two staff members) on charges of distribution of marijuana and conspiracy to distribute. Scarmazzo and Montes were also charged with possession of firearms and money laundering. Recently, Lucky Boissiere, Jose and Antonio Malagon, Monica Valencia, Bradley Heinmiller, Bradley Wickliffe and Stephen DeMattos have pled guilty to avoid trial, and two defendants  (Scarmazzo and Montes) are on trial.

Federal prosecutors called several witnesses to the stand, including former dispensary managers and law enforcement officers. They focused heavily on the amount of money the dispensary brought in, trying to make the case that Scarmazzo and Montes profited heavily. They ended their case by showing a hip-hop video Scarmazzo had made before being raided, in which Scarmazzo sharply spoke out against authorities.

On Thursday, the defense began to argue its case. Both defendants took to the stand, but prosecutors continuously protested their choice of words, such as describing what they did as “legal” and calling marijuana “medicine.”

Vanessa Nelson has been closely following the trial, and you can read these detailed accounts at www.MedicalMarijuanaOfAmerica.com:

Opening Statements In CHC Trial Reveal Government Weakness
Local Cops Take the Stand in CHC Trial
Sheriff’s Deputy Testifies About Undercover Buy at CHC
Government Rests Its Case in CHC Trial, Shows Scarmazzo Rap Video

Former Dispensary Operator Pleads Guilty to Federal Charges

On Tuesday, Richard Marino pleaded guilty to federal charges of drug conspiracy and money laundering. Marino had reached a plea deal to serve between 3 1/2 to five years. If he had taken the case to trial, he would not have been allowed to bring up a medical marijuana defense.

Marino, a former Roseville dispensary operator, was raided on September 3, 2004 at Capitol Compassionate Care Center and at his home in Newcastle, CA. DEA agents allegedly seized 250 plants, 20 pounds of processed medical marijuana, and more than $100,000. Criminal charges were not filed for more than a year and a half, but on January 13, 2006, Marino was indicted for conspiracy to distribute marijuana, possession with the intent to distribute marijuana, manufacturing marijuana, and money laundering. The federal government also has forfeiture proceedings pending on Marino’s home and the facility in which Marino ran his business.

Marino’s sentencing has been set for July 22, and he will remain free on bail until then.

Please read the Sacramento Bee article about the case for more information.

I am delighted to share with you some good news from Washington DC:

ASA’s ongoing campaign to hold the Drug Enforcement Administration (DEA) accountable for its continued efforts to undermine state medical marijuana laws is working. We are pleased to announce that US House Judiciary Committee Chairman John Conyers (D-MI) has sent a letter to DEA Acting Administrator Michele Leonhart challenging the DEA’s actions!

As a follow-up to a public statement he made in December, Chairman Conyers’ letter questions DEA directly about its heightened raid activity across California and its intimidation of property owners owners with threats of prosecution and asset forfeiture because they rent to medical cannabis dispensaries. Chairman Conyers is the highest ranking elected official to question the DEA’s tactics since medical cannabis raids in California escalated dramatically in 2007. This letter is an important and necessary step towards Congressional hearings by the House Judiciary Committee, which oversees the actions of the DEA.

Over the past several months, ASA and advocates all over the country have lobbied Chairman Conyers to convene hearings. Dozens of legal, tax-paying dispensaries have been shut down or evicted by their landlords, and many more face the same fate if Congress does not intervene.

Our work with the House Judiciary Committee was bolstered by a statewide effort to get California’s elected officials to call for an end to the harmful tactics of the DEA. ASA and its allies were successful in garnering strong letters of support from several elected officials, urging Chairman Conyers to hold hearings. Among those who spoke up were Orange County Supervisor Chris Norby, Los Angeles City Councilmember Dennis Zine, and the mayors of Berkeley, Oakland, San Francisco, Santa Cruz, and West Hollywood.

Please visit www.AmericansForSafeAccess.org/ConyersLetter to read the letter from Chairman Conyers.

Berkeley Mayor Takes a Stand for Patients and Caregivers

From Becky DeKeuster, Berkeley Patients Group

Berkeley Mayor Tom Bates this week joined Oakland’s Ron Dellums and San Francisco’s Gavin Newsom in urging Representative John Conyers, Chairman of the House Judiciary Committee, to hold Congressional oversight hearings into attempts by the Drug Enforcement Administration (DEA) to undermine state and local medical marijuana laws. Bates’ letter references a unanimous City Council resolution on January 29, 2008 declaring Berkeley “a sanctuary for medical marijuana patients, providers, and landlords,” and mentions that other cities have taken similar steps.

The letter calls Berkeley’s three medical marijuana dispensaries “regulated, tax-paying members of our community,” and says they “maintain clean, safe properties and play an active role in Berkeley’s civic life.” It then cites the DEA’s “aggressive tactics” and Berkeley’s “strong opposition” to federal interference as reasons for swift hearings.

Since 2007, more than 50 dispensaries have been raided by federal agents and their assets forfeited—including, in many cases, sales tax collections due to the state. In July 2007, landlords renting to dispensaries began receiving letters from the DEA, threatening them with forfeiture and imprisonment. Many have chosen to evict, although no federal action has been taken against a landlord since the letters went out.

In addition to Dellums, Newsom, and Bates, Mayor John Duran of West Hollywood and Mayor Ryan Coonerty of Santa Cruz have also sent letters urging Conyers to set a date for Congressional hearings.

Read about the Mayor’s statement and letter in the Daily Californian

For more information, contact: info@AmericansforSafeAccess.org

Law Enforcement Non-Cooperation Act Passes Committee

On Tuesday, AB 2734, the law enforcement non-cooperation bill, passed out of 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 Assembly and Senate votes. The committee heard testimony from MPP’s Aaron Smith, raided collective operator Addison DeMoura, Deborah Pottle, a disabled former corrections officer who received her medicine from DeMoura’s collective, and Dr. Mollie Fry and Dale Schafer, who are now facing 5 years in federal prison following a DEA raid on their garden.

Passing out of the Committee on Public Safety is an important step towards barring local California law enforcement from cooperating with the federal government on medical cannabis enforcement. The bill is now headed to the California State Assembly’s Committee on Appropriations. Please look for upcoming news about this important piece of legislation.

For more information on AB 2734, please visit www.AmericansforSafeAccess.org/AB2743

DEA and LAPD Raid Valley Collectives

From ASA California Director, Don Duncan

This week, Los Angeles Police Officers and DEA Agents raided several collectives in the Los Angeles area. First, the operator at Ashmoon in the San Fernando Valley reported to ASA that the LAPD raided his collective Monday night saying that his patients were “too young.” The next day, ASA received eye witness reports that there were three DEA raids on Tuesday afternoon in Northridge, Studio City, and Sherman Oaks. Staff at the collective in Northridge reported one arrest or detention. ASA has not heard reports from the other locations.

All of the raids this week were conducted at rapid speed, as to avoid patient protests and media coverage. This new tactic is similar to last week’s raid on Herbal Nutrition Center and other raids which occurred earlier in the year.

If you have any additional information about these raids please send it to Info@AmericansforSafeAccess.org

California Healthcare Collective Defendants Take Plea Deals- Leaving Two to Go to Trial

This week, California Healthcare Collective(CHC) defendants, Lucky Boissiere, followed by brothers Jose and Antonio Malagon, and Monica Valencia took plea bargons Monday in Federal Court- a day before their trial was scheduled to commence. The Malagon brothers plead guilty to conspiring to manufacture and distribute marijuana. Their sentencing hearing is scheduled for July 14th. Boissiere plead guilty to to possession with the intent to distribute marijuana. His sentencing hearing is scheduled for July 27th. Valencia plead guilt to possession with intent to distribute marijuana and will be sentenced on August 18th.

On September 27, 2006, the DEA raided the collective and arrested four people (owner-operators Luke Scarmazzo and Ricardo Montes and two staff members) on charges of distribution of marijuana and conspiracy to distribute. Scarmazzo and Montes were also charged with possession of firearms and money laundering. Later, an additional five people were indicted, bringing the total to nine people being prosecuted by the federal government. In the raid, the DEA allegedly seized more than 100 pounds of marijuana, one thousand plants, multiple firearms, and more than $200,000 in cash. The raids were the result of a 15-month investigation between the DEA and the Modesto Police Department.

According to the Modesto Bee article, Boissiere, along with other CHC employess who took plea bargons in January and October are on the government’s witness list and will be testifying against the remaining CHC defendants, Ricardo Ruiz Montes and Luke Scarmazzo who, if convicted could face up to 20 years in federal prison. See below in the Court Support section for Montes’ and Scarmazzo’s trial dates.

Read more about the California Healthcare Collective defendants’ cases in Vanessa Nelson’s article.

San Luis Obispo Sheriff’s Department Returns Patient’s Medicine

This week a San Luis Obispo medical cannabis patient received his glass pipe and small amount of medicine back from local law enforcement. The patient, Craig Steffens, filed a return of property request following the confiscation of his medicine by a local police officer in October. The Sheriff’s Department returned the property after being threatened with contempt of court.

The Sheriff’s department put a hold on returning the property pending the Garden Grove v. Superior Court appellate decision. ASA’s landmark litigation 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 department was then forced to return the medicine back to Steffens.

Read more about the San Luis Obispo Sherriff’s Department returning Steffens’ property on KSBY.com.