Federal Judge Oliver Wanger sentenced Luke Scarmazzo to nearly 22 years and co-defendant Ricardo Ruiz Montes to 20 years in prison last week for their roles in operating a medical cannabis facility in Modesto. Both men were convicted in May, after prosecutors used a hip-hop music video recorded by Scarmazzo to defame and persecute the defendants, who were providing medical marijuana to patients in an underserved area of the state.

Regardless of the imprudence of recording a confrontational video, which demonizes the DEA and its war on medical marijuana, the conviction and sentencing of the two medical marijuana providers was entirely inappropriate and uncalled for. In fact, the two young men, both in their twenties, received unprecedented sentences in a medical marijuana case. Raising the ire of local and federal law enforcement and provoking sensationalized media coverage in no way justifies putting Scarmazzo and Montes in prison for far longer than many violent offenders.

Local police, the DEA, and Judge Wagner made examples of Scarmazzo and Montes – and that should be of grave concern to other federal defendants currently awaiting sentencing. For example, the lengthy sentences of Scarmazzo and Montes will surely influence the February 23rd sentencing of controversial medical marijuana cultivator Eddy Lepp and the January 12th sentencing of licensed dispensary operator Charles C. Lynch, whose arrest and prosecution was also the result of a conspiracy between local and federal law enforcement.

Medical cannabis advocates are justifiably optimistic about the opportunity for change given the new presidential administration and the shift in Congress. President-elect Obama has a rare opportunity to correct this miscarriage of justice and a reinvigorated Congress has the ability to implement a sensible and compassionate federal policy. In the weeks and months ahead, we must not forget those federal defendants and prisoners who have been victimized by an antiquated medical marijuana policy. But we must also look to the future and begin to aid our government in crafting the best possible solution for the hundreds of thousands of medical marijuana patients in the U.S.

ASA recently published a set of policy recommendations for President-elect Obama that call for fundamental changes in the way the U.S. Department of Justice enforces laws against medical cannabis patients and providers. ASA is calling for an end to medical cannabis raids by the DEA And working toward an affirmative medical cannabis defense in federal court, addressing the current inability of defendants to talk about their medical use or the legality of their actions under state law. ASA is also calling on President-elect Obama to pardon those medical cannabis patients and providers currently serving time in federal prison.

I am confident that we will soon succeed in harmonizing federal law with the laws of the thirteen states that sanction medical cannabis use, and expanding protection for all Americans who use cannabis as medicine. In the meantime, we must not forget those medical cannabis providers who have taken bold steps to advance this movement and come to the aid of patients in need, but who are made to be martyrs for a federal policy that is out of step with the will of the people. As an initial step, we must recognize this inconsistency by ending federal raids and prosecutions, and by allowing those medical cannabis patients and providers currently in prison to come home.

Today, Rep. Henry Waxman (D-Calif.) was elected to succeed Rep. John Dingell (D-Mich.) as chairman of the Energy and Commerce Committee. The Committee serves as the principal guide for the House of Representatives in matters relating to the promotion of commerce and to the public’s health and marketplace interests. This is a milestone for medical cannabis advocates precisely because of the Committee has jurisdiction over health issues.

ASA has worked with Rep. Henry Waxman (D-Calif) over the years. Chairman-elect Waxman supports medical cannabis and is genuinely interested in working to change federal law policy to meet the immediate needs of individuals authorized to use cannabis for therapeutic purposes, the people who provide them with care, and scientific research. Below is the letter ASA sent to Chairman Waxman’s office today:

On behalf of Americans for Safe Access (ASA) and our members in California, I wanted to be among the first (and many) to extend my sincere congratulations to Chairman Waxman and his distinguished staff on his election by the Democratic Caucus to become the next Chairman of the House Energy and Commerce Committee. ASA welcomes the selection of Chairman-elect Waxman; I look forward to a follow-up meeting to discuss and review our policy priorities for the 111th Congress.

As we have discussed previously, the past three decades has yielded an explosion of international research to investigate the therapeutic value of cannabis (marijuana). In the United States, research is stalled, and in some cases blocked, by a complicated federal approval process and restricted access to research-grade cannabis. Meanwhile, research teams in Great Britain, Spain, Italy, Israel, and elsewhere have confirmed – through case studies, basic research, pre-clinical, and clinical investigations – the medical value of cannabis.

A scientific consensus now supports the therapeutic use of cannabis to control symptoms of serious and chronic illness. In the past decade, clinical research has clearly demonstrated that the use of cannabis, and its constituents, can safely and effectively treat symptoms of serious and chronic illness like nausea and vomiting, loss of appetite, pain and spasticity. Indeed, a growing body of literature suggests that cannabis may hold the key to unlocking an array of treatments for HIV/AIDS, Multiple Sclerosis, and even cancer.

Yesterday, at the Society for Neuroscience meeting in Washington, D.C., researchers from Ohio State University presented research findings which suggest that the more research they do, the more evidence scientists find that specific elements of cannabis can be good for the aging brain by reducing inflammation and possibly even stimulating the formation of new brain cells. When asked about whether the research indicated that smoking cannabis could prevent Alzheimer’s disease, one of the principle investigators replied, “We’re not saying that, but it might actually work. What we are saying is it appears that a safe, legal substance that mimics those important properties of marijuana can work on receptors in the brain to prevent memory impairments in aging. So that’s really hopeful.” For more on this research, see http://www.physorg.com/news146320102.html.

Presently, thirteen states — beginning with California and including the recent addition of Michigan — have passed laws which permit individuals living with a serious or chronic illness to use and obtain cannabis from authorized caregivers as recommended by a licensed physician without legal sanction. However, these state laws differ from the federal law and leave patients and their providers vulnerable to federal raids, arrest, and prosecution.

The time for change is now; Congressional leadership requires a focus on harmonizing the conflict between federal and state law and support for a comprehensive plan to ensure safe access for individuals who use cannabis to control symptoms of HIV/AIDS, cancer, Multiple Sclerosis, and other serious or chronic diseases. The science and policy regarding the medical use of cannabis should not be obscured or hindered by the debate surrounding the legalization of marijuana for general use. Scientific consensus coupled with state leadership has provided a solid foundation for federal policymakers to create a comprehensive plan to support long-term solutions for safe and legal access to cannabis for therapeutic use and research.

Chairman Waxman’s previous and ongoing support for medical cannabis underscores his willingness to seek out comprehensive solutions that will protect the rights of individuals qualified to use medical cannabis and advance safe access. We look forward to working with the Chairman-elect throughout the 111th Congress to support long-term solutions for safe and legal access to cannabis for therapeutic use and programs that advance scientific research.

Over the years, ASA has seen an alarming number of cases where the DMV has revoked driver’s licenses from medical marijuana patients, simply because they are patients.  The authority they cite involves a statute allowing for the revocation of a driver’s license to habitual drug users whose addiction renders them unable to operate a motor vehicle safely.  Using marijuana for medical use does not automatically mean this; otherwise, all patients and, for that matter, prescription drug users would not be able to drive.

Here, the DMV picked on the wrong person.  Rose Johnson is 53-years-old and has never caused an accident in more than 37 years of driving.  She has been deemed an “excellent driver” by the DMV, yet it took away her driver’s license because her medical records reveled that she was a medical marijuana patient.  Ms. Johnson had done nothing wrong and was targeted by the DMV simply because she was slow coming to the desk to get a routine license renewal and, because she was not wearing her glasses, had difficulty finding the line where she was supposed to sign.

Today, ASA filed a writ against the DMV to have Ms. Johnson’s license reinstated.  Also, to prevent this from happening to other medical marijuana patients, ASA is seeking a change in policy by the DMV.

1. 3rd & Last Unincorporated Alameda Co. Dispensary Raided by DEA

On Thursday in unincorporated Alameda County, the last of the permitted medical cannabis dispensaries , Garden of Eden, was raided by DEA. This weeks raid  follows a raid of We Are Hemp on October 8th, and last year’s raid on Compassionate Collective of Alameda County (CCAC), whose operators have been indicted on federal charges.   Alameda County Supervisors granted 3 permits to dispensaries, and though cities in the area are permitting the collectives, there are now none operating to serve those who live in the unincorporated areas of the East and South Bay Area.

All dispensaries in unincorporated Alameda were under the jurisdiction of Sheriff Ahern, who is a vocal opponent of medical cannabis.   Garden of Eden had closed after the October 8th raid on We Are Hemp, worried that they would be next.  However, after the Obama victory in the November 4th presidential election, they decided to open.  President-elect Obama has stated that he will end DEA raids of medical cannabis collectives in California.  GoE was in communication with Sheriff Ahern’s office on Wednesday night, informing them that they were opening on Thursday, and welcoming the Sheriff to come down and inspect the site.  The next day, the DEA arrived and ransacked the collective, destroying property and seizing money and legal cannabis.

At an October meeting of the Alameda County Ad Hoc Medical Marijuana Advisory Committee, community members expressed outrage over the October 8th raid of a collective that had been an established community presence for over 9 years.  Representatives from the  Sheriff’s office responded by saying, “despite our best intentions to work with [dispensaries], we have no authority over DEA – they’ll do whatever they want.”  Some community activists have expressed concern that the Sheriff may have been complicit in the raids.

Though no arrests were made, DEA threatened Garden of Eden that they would return, and there would be federal prosecution if they were to reopen.  All advocates in the Bay Area should be ready to come down to take action as this crisis moves forward.

2. Seal Beach Bans Medical Cannabis Dispensaries

The Seal Beach City Council voted on Monday night to become the latest city in Orange County to ban medical cannabis dispensaries.  Orange County is noted as a hotbed of opposition to dispensaries, though Laguna Beach recently became the first in the county to enact regulations that would allow for the dispensing collectives.

Though ASA has seen an overall growing trend in cities passing ordinances to regulate dispensaries and allow for safe access of cannabis to qualified patients, rather than outright bans, the question of whether or not cities can legally ban dispensaries is still up for consideration.  It is being decided by the 4th Appeals Court in Qualified Patients Association v. Anaheim , for which ASA recently submit an Amicus Curae (Friend of the Court) brief, arguing that city bans on dispensaries is not allowed under California Proposition 215, SB 420 , and the recently issued dispensary guidelines issued by California Attorney General Jerry Brown. All statutes enacted at the state level allow for dispensaries.

The City Council of Alameda (not to be confused with Alameda County) voted last week to enact a 45-day moratorium on medical cannabis dispensaries. The City Council came together to address the issue on November 6th, where city staff requested 12-18 months to study the current and potential impact of the one operating dispensary on the community.

The Purple Elephant Collective, which has been operating since July, has been working to develop a positive working relationship with city officials and the community.  The moratorium came in part in response to requests from others for operating permits.  Because the city lacks regulations, council members voted unanimously to put a hold on dispensaries in order to further address the issue.

Several patients spoke out in support of the Purple Elephant at the Council Meeting. An Alameda resident said, “Getting safe access [to cannabis] is sometimes difficult. This [place] provides safe access without fear of personal harm.”

1. President Elect Barack Obama Statement on DEA Raids of Medical Cannabis Dispensaries, as of 11/03/2008

On Tuesday, Barack Obama was elected to become the first African American President of the United States.  His campaign succeeded with a message of “Change”.  We’ll be unsure of what this means for ASA until our staff has an opportunity to meet with his transition team.  However, the following reply  from the Obama Campaign to an inquiry from a prominent medical cannabis advocate on November 3rd, represents his current stated position.  We felt it appropriate to share with you.

[Dear Friend,

Obama for America]

This position is the direct result of activists from across the country communicating with the Obama Campaign in public and in private.  You’ve met with his staff, you’ve written letters and emails, you called his campaign office, and this statement came from the action you took.  It is evidence that the work you put in does have an impact.  For the first time in the history of ASA, our executive branch target for a federal medical cannabis law is with a President who at least seems willing to listen.  ASA will do everything in its power to hold the new President accountable. But keep in mind as we move forward together, that we can’t do it without you.

2. With 64% in Favor, Michigan Becomes the 13th Medical Cannabis State

On election day, voters in Michigan voted for two historic measures.  One rode the wave of national momentum, and helped to put the first African American President in the White House.  The other carried another wave of momentum that represented both the determined will of activists and organizers to overcome lies and fear, as well as the compassion and common sense of everyday Americans.  The people of Michigan chose overwhelmingly, with a vote of 64% in favor, to allow qualified patients to use and grow cannabis for medical reasons.  Michigan is the 13th state to pass such laws since California started the trend in 1996, and the first in the Midwest, bringing close to 25% of the US public within the boarders of a medical cannabis law.

No longer can this issue be framed as a West Coast or Northeast Liberal issue.  If Montana voting to pass with 62% in favor just a few short years ago wasn’t enough to convince nay-sayers that this is compassionate concern of everyday Americans, the Michigan vote surely must.  Michigan’s new law allows patients with debilitating medical conditions to possess up to 2.5 ounces of cannabis and to grow up to 12 plants in an indoor, locked facility, or to designate a caregiver to cultivate for them.

ASA’s goal is nothing short of a comprehensive federal law that allows for the safe, affordable access of cannabis for every patient who’s doctor approves.  We are striving toward a time when research into the medical properties of cannabis and cannabinoids are fully embraced, encourage, and widely funded by the federal government.  With this Michigan vote, we are closer than ever before.  You all should be proud of everything you’ve contributed, and use this excitement to push forward even harder.

As California knows well, the passage of a medical cannabis law is just the beginning of a long road of continued public, physician, and law enforcement education.  It’s the start of a struggle to educate law-makers of the nuances of medical cannabis patient care; what “Safe Access” really means, what legal and social protections are necessary for those who are authorized to use an effective medical treatment that is sanctioned by their state, but prohibited by their federal government.  It’s the first step in truly organizing to protect patient rights.  ASA will work hand in hand with our Michigan chapters and affiliates to help guide them through this process.  Congratulations are in order.

JJ’s changes are incremental, but vital for the future of medical cannabis in Berkeley. Once again, Berkeley can lead the way in integrating medical cannabis under city permission and control.  Campaign Co-directors Becky DeKeuster, of Berkeley Patients Group, and Attorney James Anthony worked hard to organize community support.  Special thanks go to Rishi Malhotra and all volunteers at Cal Berkeley Students for Sensible Drug Policy, Richard Muller and East Bay ASA volunteers, local Berkeley dispensaries, and all those who put in all their hard work to make this happen!

Americans for Safe Access (ASA) is celebrating the historic election of President-elect Barack Obama. We are reflecting on the many milestones tonight’s vote represents and celebrating a presumptive change in our national direction and a return to the spirit of optimism some of us remember from 1993.

Many medical cannabis patients and advocates are feeling a special sense of relief. The last two years have been particularly difficult for individuals authorized to use or provide medical cannabis in accordance with their state laws, but President-elect Obama has indicated that he will bring and end to federal raids. President-elect Obama’s voting record in the U.S. Senate coupled with his consistent remarks on the campaign trail demonstrate compassionate leadership. You can bet that ASA will be doubling our efforts to ensure that the Obama Administration ends the federal raid activity and other intimidation tactics designed to stymie the proper implementation of state medical cannabis laws and eliminate safe and legal access.

In 2006, ASA opened the first office in the nation’s capitol dedicated exclusively to medical cannabis advocacy. We learned quickly that nothing happens in Washington, DC, because it should. You have to make change happen, it doesn’t happen to you! This transition in government will mean that we will have to work harder than ever to support comprehensive changes to federal policy that ensure safe access for individuals who use cannabis to control symptoms of HIV/AIDS, cancer, Multiple Sclerosis, and other serious or chronic diseases.

A new Congress and Presidential Administration may finally create an opportunity to advance ASA’s National Policy Agenda. ASA Executive Director Steph Sherer and Government Affairs Director Caren Woodson are working everyday in Washington, DC, to be sure we can take advantage of this historic opportunity. They are talking with Washington insiders who will help build the new President’s transition team and advise the President-elect on key appointments. They are also building a powerful coalition of condition-based health care advocates for medical cannabis who will have the ear of the new Administration and Congress.

I am confident this strategic work will pay off – but it will take time and enthusiastic support from our base. Never think that change in medical cannabis will come automatically. We need to keep educating elected officials and telling our story in the media. We have to keep protesting to shine a national spotlight on federal interference and intimidation. We have to keep putting our time, creative energy, and money into the grassroots campaign for safe access, perhaps now more than ever.

Protesters Rally Against Local Cops, Support Addison DeMoura in Modesto

On Tuesday, community members came out to support Addison DeMoura, operator of a nonprofit medical cannabis dispensing collective in Oakdale, raided by local police in 2007. The Oakdale Natural Choice Collective had not been open for 4 months before a local drug task force came in and shut it down, though according to defendants, DeMoura and the collective were operating in full compliance with California law.

Thanks go out to all those who came out to support Addison, his wife Jessica, and other co-defendants as they stood up to law enforcement who want to decide for themselves which of California’s laws they should follow.

San Diego Supervisors Continue to Challenge State’s ID Cards

Despite record budget deficits and widespread accusation of money mishandling in San Diego, County Supervisors will continue to spend even more scarce resources challenging California’s settled medical cannabis laws to the US Supreme Court. Americans for Safe Access Chief Counsel Joe Elford has argued that the county must comply with a 2004 state law which mandated they create ID cards for medical cannabis patients, and the county, which has refused to implement, has now lost twice in state courts and been denied review by the California Supreme Court.  Legal authorities agree that San Diego County’s position, that it does not have to follow California law because federal law is different, is far-fetched at best.

While Merced and San Bernardino Counties initially signed on with San Diego as co-plaintiffs, after the first defeat, Merced County opted to drop its suit and carry out the program, having since issued some 30 state ID cards to medical cannabis patients. The cards are intended to make it easier for police to determine who is or is not compliant with the state medical cannabis laws, both decreasing their workload and helping to keep law-abiding and seriously ill people protected and out of jail.    Several San Diego County Supervisors who voted to devote resources to the long shot appeal to the nation’s top court even baldly admitted they did so because they don’t believe that cannabis has medical value, including Supervisor Bill Horn who said, “I don’t think its right…”

After the appellate court victory, ASA’s legal staff sent letters to counties that had not yet issued the patient ID’s, informing them of their obligation to enact the program, and of the risk of litigation by ASA if they continued to obstinately refuse to implement. Since then, most counties have quickly begun to step in line and comply, including Kings, Fresno, and San Joaquin, who have since voted to issue the cards.  The US Supreme Court reviews only between 1-2% of over 7500 cases requested every year, and are typically those which have divided lower courts.  There has been unanimous agreement among California courts that San Diego is wrong.  Yet in a faltering economy with unemployment rising, in a county saturated with corruption convictions, mismanagement accusations, and federal investigations of public officials, the zealot Supervisors have decided to ignore actual governance in favor of continuing this quixotic quest to punish patients.

This week, Trinity County Supervisors voted to repeal a year-old ordinance that allowed qualified medical cannabis patients to possess up to three pounds and 12 plants of medical cannabis. Approximately 300 citizens showed up to the meeting to voice their opinions, after which the Board voted unanimously to decrease allowable limits back to the state level. Some supervisors felt that the initial ordinance had attracted commercial growers to the area, while others were less concerned about the limits themselves than they were about complaints by law enforcement of having to patrol the entire county.  Why it would become easier to patrol the entire county to find patients with lower amounts of cannabis was not clarified by police.

Also this week, the Gardena City Council voted unanimously to ban medical cannabis dispensaries, acting before the end of a 2006 moratorium set to expire next month.