1. Days After Obama is sworn in, DEA Exploits Transition; Raids Dispensary

The Drug Enforcement Administration (DEA) raided a medical cannabis dispensary Thursday in South Lake Tahoe in the first days of the new Obama Administration. Even though President Obama had made repeated promises during his election campaign to end federal interference in medical cannabis states, many high-ranking Bush Administration officials have yet to leave office. For example, still at the helm of the DEA is acting Administrator Michele Leonhart, who has been responsible for numerous federal raids in California, following in the footsteps of her predecessor, Karen Tandy. Neither Eric Holder, President Obama’s pick for U.S. Attorney General, nor a new DEA Administrator, have taken office yet.

"We are very concerned about the DEA’s raid on a legal medical cannabis providers during this transitional period in the Department of Justice.  It is no secret that President Obama has made numerous public statements condemning this policy" said Caren Woodson, ASA’s Director of Government Affairs. "We are hopeful that Obama will move quickly to, at a minimum, suspend such actions until his Administration has a chance to further look into the matter."

No arrests were made at Holistic Solutions in South Lake Tahoe, though medical cannabis and cash were seized. Since George Bush took office in 2000 Federal agents raided hundreds of sanctioned California dispensaries, as well as the Washington State offices of an advocacy group that was supplying starter plants to authorized patients. In Oregon, DEA used a federal grand jury to try to obtain the private medical records of 17 patients, an effort that was later rejected by a federal court, and even threatened New Mexico state officials with federal prosecution if they moved to implement the state’s medical cannabis distribution program.

"I would not have the Justice Department prosecuting and raiding medical marijuana users," Senator Obama said in an August 2007 statement. "It’s not a good use of our resources.". This statement was followed up by Obama in other public events in the run up to the election.

"President Obama must rise to the occasion by suspending all federal interference and by keeping the promise he made to the voters of this country," said Woodson. ASA has been working with the new Administration on changing federal law around medical cannabis, which has included a comprehensive set of policy recommendations.

In another last minute affront to patients, the Bush Administration last week rejected recommendations from its own DEA Administrative Law Judge to expand medical cannabis research, stating it is "in the public interest." The federal government currently prohibits scientists from cultivating cannabis for research, which has a stifling effect on developing the full medical potential of the cannabis plant. "The DEA and the National Institute on Drug Abuse (NIDA) coordinate the obstruction o meaningful research on medical cannabis, and instead prioritize studying its harmful effects," said Woodson. "Obama has the opportunity here to step in and discontinue a policy that hinders the development of a medicine that benefits hundreds of thousands of people in the U.S."

National News

2. Montana Seeks to Revoke Rights of Patients who Drive, Allow Nurses to Recommend

Two separate bills are being considered by the Montana Legislature this year, each would move the states medical cannabis law in an opposite direction.

Montana House Bill 73 would revise existing state law to allow physician assistants and nurse practitioners the authority to prescribe medical cannabis. Currently, only physicians are authorized to do so.  The bill’s lead sponsor, State Representative Julie French (D-Scobey), framed the issue as one of equality, and one that would help Montanans who live in rural areas and are often only able to see an physicians assistant, rather than a doctor. View the bill here .

However, another bill has also been introduced that would require police to take blood samples from every medical cannabis patient stopped at a traffic encounter.  If the samples show traces of THC above an certain amount, the police would revoke a patients’ right to use medical cannabis.  Tom Daubert, president and founder of  Patients and Families United (an ASA Affiliate), addressed the Montana Senate Judiciary Committee on Tuesday, saying he supports to goal of reducing impaired driving on public highways but that the bill propsed by Kalispell Republican Sen. Verdell Jackson is offensive and unconstitutionally targets one class of patients.  Opponents also argue that the blood concentration limits of THC set forth in the bill are arbitrarily low and would make it almost impossible for any qualified patient to legally drive.

State Senator Rebecca Sturdevan, a proponent of the measure, said that she acknowledges the medical benefits of cannabis but that she doesn’t believe patients should be able to use their needed medicine if they are caught driving after using it.

Montana passed its state law in 2004 with 62% in favor.

3. New Mexico Nurse Sues to Recommend Cannabis

Albuquerque psychiatric nurse practitioner Bryan Krumm has filed suit against the federal government, saying he’s afraid he’ll be raided by the Drug Enforcement Administration if he recommends medical cannabis, as he’s legally entitled to do under New Mexico law .  The DEA has long undermined state medical cannabis laws, using a variety of tactics. In New Mexico, DEA has actually threatened state officials with prosecution if they carry out the laws passed by their state legislature.

Recently, New Mexico’s health department finalized rules for non-profit organizations to grow and dispense medical cannabis to qualified patients, becoming the first state in the US to officially permit such establishments at the state level.

Krumm hopes the lawsuit will convince the courts to change the classification of cannabis to recognize its medical value – which federal agencies deny to this day despite 13 states that remove penalties for its use and almost 35 which recognize its medical use in some way (though patients may not be protected).  He said he would recommend cannabis to patients, but hasn’t due to fears that the federal agencies such as DEA and DoJ will intervene.  He claims he hasn’t been able to follow his ethical responsibilities as a nurse practitioner by referring his patients into the medical cannabis program, because the patients would be in jeopardy of federal charges.

4. Medical Cannabis Protections Proposed in Minnesota, Missouri

In the past week, both the Minnesota and Missouri legislatures introduced attempts to provide basic legal protections for patients who rely on medical cannabis as treatment.

The Minnesota State Senate introduced SF 97,  which would allow qualified patients to possess only 2.5 ounces of cannabis, but they would be required to register with the state.  The Senate passed a similar bill last year that was killed in the State House of Representatives.  The proposed law would allow for state-regulated nonprofits to dispense cannabis, but would also create harsh penalties for patients and nonprofits that dispense cannabis to individuals that aren’t included in the state registry.

Minnesota Governor Tim Pawlenty has said he will veto the bill if its opposed by law enforcement, according to the Minnesota Independent .

This week, Missouri lawmakers introduced a medical cannabis bill for consideration this session as well, joining other Midwestern states and on the heels of Michigan’s November initiative, passed by almost 64% of Michigan voters.   Representative Kay Meiners of Kansas City filed House Bill 277.

In November, Michigan became the first state in the Midwest to create patient protections, and the 13th state in the US.

To read the Minnesota bill, visit: http://www.senate.leg.state.mn.us/bills/billinf.php?ls=86
Read the Missouri bill in its entirety here: http://www.house.mo.gov/billtracking/bills091/bills/hb277.htm

1. San Deigo and San Bernardino Appeal ID Cards to US Supreme Court

After three consecutive losses in court, San Diego and San Bernardino Counties sent yet another petition to the US Supreme Court, asking to quit their state-mandated obligation to provide ID cards through their county health departments to legitimate medical cannabis patients, the goal being to protect them from wrongful arrest, and to make the distinction between recreational and medical use easier on police.

The original lawsuit filed by the two counties in 2006 asserted that they were under no obligation to abide by California law by providing the ID’s, since it differed from federal law.  The case was argued against by ASA’s Chief Counsel Joe Elford and struck down once at the trial courts, sent to the Appeals Court and struck down again, and then appealed to the California Supreme Court, which refused to review the case after considering the San Diego and San Bernardino position to be nonsensical.  In every medical cannabis court ruling ever issued, including ones that were generally bad for patients, courts have always asserted that state medical cannabis laws can exist and operate along with federal laws.  And yet the Southern California counties have continued to spend taxpayer dollars to fight this overwhelmingly consistent legal precedent.   Now they’ve done it again, appealing to the United States Supreme Court for review.

ASA has been campaigning to implement the County ID card program since SB 420 was passed by the California Assembly in 2003.  We’ve seen legal success with the initial suit, success of our chapters in pushing for county implementation, we compelled counties to implement the program by threatening legal action to those who don’t comply, and most recently filed suit against Solano County for not doing so.

2. Sacramento Begins Issuing ID Cards

While San Diego and San Bernardino appeal to the US Supreme Court to avoid giving ID cards to patients who need them, Sacramento, a former  hold-out county that has seen the light (due to threats of litigation from ASA) opened the application process for the ID cards on January 12th.

Applications are accepted by appointment only with Sacramento County Vital Records. Appointments will be from 9 a.m. to 4 p.m. on Wednesdays and Fridays.

Application forms are available on the Sacramento County Public Health Department’s Web site at www.SCPH.com or through the Sacramento County Vital Records office:  7001 East Parkway, Suite 650.  To request an application via mail, call (916) 875-2066.

3. Rosenthal Trial Underway

On Wednesday, renown medical cannabis activist Ed Rosenthal went to Appeals Court for oral arguments in his “reconviction” for charges for which he was originally convicted, and sentenced to one day in prison – time already served, in 2003.   During arguments, Rosenthal’s attorneys argued that he was not allowed to present an adequate defense because the judge refused to allow any evidence or hear testimony from individuals that Rosenthal had been deputized by the City of Oakland to grow medical cannabis in compliance with California’s medical cannabis laws, and thus was protected from federal prosecution.

Since 2000 when George Bush took office, the federal government has been interfering in state medical cannabis laws by arresting and prosecuting individuals who faithfully and legally execute those laws.  During court proceedings federal judges keep the jury from knowing anything about the laws.   The defendant, in this case Rosenthal, is presented to the jury as an ordinary large scale illegal drug dealer – even when elected officials, police, and other administrators and government officials give permission for and sanction the growing of medical cannabis in compliance with the law.

Federal agents arrested Rosenthal in 2002, and a federal jury convicted him in 2003 of three counts of marijuana cultivation and conspiracy, though most jurors renounced the verdict upon learning that presiding Judge had disallowed evidence that Rosenthal grew the cannabis as a deputized Oakland official.   The 9th Circuit Court overturned Rosenthal’s convictions in April 2006, after discovering that a juror had engaged in misconduct by asking a lawyer friend whether jurors could ignore evidence and vote their conscience (“jury nullification”).  Federal prosecutors re-indicted Rosenthal in 2006 on the same charges plus nine more, but the nine charges were dismissed in 2007 after the judge found that prosecutors had engaged in “vindictive prosecution”.   Rosenthal was re-convicted on May 30, 2007 despite the fact that could not be punished, as he had already served his sentence for the same charges.   This is the appeal for his second conviction for the same offense.

4. Yucca Valley Council Extends Moratorium

On Thursday, the Yucca Valley Town Council approved extending a 45-day moratorium on new medical cannabis dispensaries or its distribution at existing businesses an extra 10 months and 15 days.  City staff are expected to study the dispensaries and submit their findings to the Planning Commission in February or March, and to have a second reading of a dispensary ordinance ready by June at the latest.  Opposition to dispensaries was vocal at the meetings, and so community members supportive of medical cannabis action should take necessary steps to organize vocal support for the dispensaries.

1. ASA Goes on the Offensive to Sue Solano County on ID Cards

Americans for Safe Access filed suit against Solano County Monday for failing to implement the state-mandated program ID card program that would protect patients using medical cannabis from arrest and prosecution.

The county’s refusal to issue state ID cards, even after California Fourth District Court of Appeals ruled they must, comes after ASA sent Solano two letters last fall demanding they comply with state law or face litigation. Their refusal puts individuals living with illness at serious risk and makes it more difficult for law enforcement to adhere to California law.

“Solano County cannot simply flaunt its obligation under the law,” said ASA Chief Counsel Joe Elford. “This lawsuit is aimed at forcing counties like Solano to fully implement state law and to stop denying medical marijuana patients their legal rights and protections.”

Solano County is one of a handful of California counties without ID card programs despite state legislation adopted in 2003 under SB 420, and upheld in July 2008 by the courts. The Solano County Board of Supervisors in 2006 voted 3-2 against implementing the program, and has not discussed the issue since.  A closed session discussion with the supervisors is expected to be held on Jan. 13.

Coincidentally, San Bernardino County resident Scott Bledsoe, represented by Attorney David Nick,  filed a similar suit against San Bernardino with the help of ASA Affiliate Lanny Swerdlow, of the Marijuana Anti Prohibition Project.  San Bernardino was a plaintiff on the original lawsuit against the State of California asserting they did not have to implement the ID cards.  They lost the suit, and still refused to implement, spurring legal action.

http://www.timesheraldonline.com/ci_11384345?source=rss

2. ASA Files Contempt Briefs Against Montebello for Refusing to Uphold Medical Cannabis Law

Americans for Safe Access (ASA) filed legal briefs last week accusing the City of Montebello of contempt of court for refusing to return medical cannabis and other property wrongfully seized by its local police department.

In 2004, local police seized plants, growing equipment, and personal correspondence from the home of Terry Walker, who was legally qualified to use medical cannabis under California law. Walker’s criminal case was quickly dismissed and a court order issued for the return of his property, which the City of Montebello has refused to do.

“Given recent case law requiring police and local officials to respect state law and return any wrongfully seized medical marijuana, the City of Montebello has a clear obligation to adhere,” said Joe Elford, Chief Counsel with ASA. “This blatant contempt for the rule of law is unacceptable and cities like Montebello will be called out if such conduct continues.”

In November 2007, the California Fourth District Court of Appeal issued a decision in City of Garden Grove v. Superior Court rejecting the argument that the state’s medical cannabis law is preempted by federal marijuana laws. The court  ruled that “it is not the job of the local police to enforce the federal drug laws.” The case involved Garden Grove resident Felix Kha who was charged after a routine traffic stop and 1/3 of an ounce of cannabis was seized, despite the fact that Kha was legally allowed to possess it. As a result of the appellate court decision, all localities in California are obligated to return wrongfully seized medical cannabis. And in December of 2008, the U.S. Supreme Court refused to review Garden Grove’s appeal, making the decision final.

“We are going to file contempt charges against cities and counties that run afoul of their obligation under the state’s medical marijuana law,” said Elford. “The indiscretion of city’s like Montebello will not be tolerated, especially more than twelve years after the passage of Proposition 215.”

The brief points to the California Code of Civil Procedure, which makes punishable by contempt of court “disobedience of any lawful judgment, order, or process of the court.” In addition, the brief states “courts have the inherent power to punish acts that interfere with the orderly conduct of proceedings,” such as those in Walker’s case.

3. Charles Lynch Denied New Trial

On Monday, a Los Angeles judge denied Charles Lynch‘s request for a new trial.  Lynch was arrested in 2007 and later convicted on federal charges related to operating the Central Coast Compassionate Caregivers facility in a case that received national prominence and highlighted the aggressive conflict between state and federal medical cannabis laws.  It brought wide attention to the citizens caught in the middle and turned victims of a ideological and political crusade being carried out by federal prosecutors and the Drug Enforcement Agency.

Lynch’s sentencing is scheduled for February 23, when there is expected to be a major protest in support of his case. A large protest which took place on October 6th demonstrated the community support behind Lynch who, partly because of the absurd details of his arrest and conviction, and partly because his case was picked up by Drew Carey’s Reason.tv and made national headlines, has become a figurehead in the national medical cannabis movement.  Lynch has said he plans to do everything he can to continue to fight the charges.  DEA was called in to raid Lynch by the San Luis Obispo Sheriff, who’s office is currently the focus of numerous scandals.  His arrest put the city in an uproar, as Lynch was operating in complete compliance with all California laws, was a prominent and well liked member the of the community, had the blessing of city council members and the mayor, none of whom Lynch’s judge allowed to testify in his defense.

Lynch even called the DEA prior to opening the dispensing collective in order to get their approval and to learn if they would interfere.  DEA told Lynch that his ability to legally open a medical cannabis dispensary was up to the City of Morro Bay to decide.  DEA then raided and prosecuted Lynch little over a year later, and he now stands to serve up to 100 years in federal prison.

Put February 23rd on your calendar if you live in the greater LA area.  A broad show of community support can help Lynch receive a light sentence.

4. Medical Cannabis Dispensaries to be Allowed in Palm Springs

The city of Palm Springs voted 3-2 on Wednesday night to create a draft ordinance that would make it the first and only place in Riverside County to allow medical cannabis collectives and cooperatives.  However, there are a number of currently operating dispensaries that, according to the city attorney and the Mayor, Palm Springs may take action against, having opened before the actual passage of the ordinance.

The draft ordinance will allow only two dispensing collectives to be zoned in the city’s industrial areas. City Manager David Ready suggested a lottery to choose which two collectives will be allowed to operate in the city.

Much credit should be given to ASA Affiliates Marijuana Anti Prohibition Project, and to Lanny Swerdlow for his hard work and leadership in organizing patients and pushing for access in Palm Springs.

Only days before President Bush is to leave office, his administration has dealt yet another blow to scientific integrity by refusing to implement the recommendations of DEA Administrative Law Judge Mary Ellen Bittner and open up the production of cannabis (marijuana) for research purposes. For more than 40 years, the Drug Enforcement Administration (DEA) and the National Institute on Drug Abuse (NIDA) has maintained a monopoly on the cultivation of cannabis for Food & Drug Administration-approved scientific studies. Instead of opening up research on the medical properties of cannabis, the Bush administration has chosen to hide its head in the sand and obstruct the advancement of this important therapeutic substance.

In June of 2001, University of Massachusetts at Amherst professor Lyle Craker, an experienced research botanist, applied for a license to cultivate cannabis for FDA-approved studies. After nine days of testimony from many experts and administration officials, Judge Bittner issued a set of recommendations in February 2007, concluding that the current sole-supply of cannabis by NIDA was insufficient for the level of research that cannabis deserves and that expanded research was “in the public interest.” After nearly two years of delay, acting DEA Administrator Michele Leonhart issued a ruling today that refuses to implement Judge Bittner’s recommendations.

This refusal by Leonhart to adhere to her own DEA Administrative Law Judge is especially disappointing and insensitive in light of strong Congressional support for expanded research and a desire to dismantle the current monopoly on research cannabis production. In 2008, forty-five members of Congress sent a letter to then-DEA Administrator Karen Tandy, urging her to accept Judge Bittner’s recommendations and calling the federal monopoly on cannabis production “unjustified.”

Incoming president Barack Obama has an opportunity to correct this shortsighted position that fails to recognize medical and scientific precedent. Rather than turn a cold shoulder to the reams of scientific studies pointing to the therapeutic benefits of cannabis, president-elect Obama has the opportunity to develop a sensible policy with regard to medical cannabis research. In addition, since acting-DEA Administrator Michele Leonhart has shown little capacity for understanding the need for more research into cannabis, Obama should appoint a candidate to head the DEA that can grasp the importance of advancing this important medicinal substance. To be sure, anything less will perpetuate the outdated position of the Bush Administration and deny hundreds of thousands of Americans a medicine that has been shown to be effective at treating innumerable illnesses and the side effects of toxic treatments.

Medical cannabis cultivator Tom Kikiuchi came home from more than 15 months in federal prison on New Year’s Eve to find a crowd of twenty-five supporters weeping, cheering, and waiving signs in the downtown Los Angeles bus station. The holiday homecoming was an emotional one for Tom’s family and advocates – especially when Tom spoke on the phone to his partner, Stephanie Landa, who is still serving a 41-month sentence for cultivation in a federal work camp in Dublin.

Tom served 37 months for cultivation following a DEA raid at his city-sanctioned medical cannabis garden in San Francisco in 2002.  He was arrested again in 2007 in connection with a garden in the San Fernando Valley. That arrest violated his probation and sent him back to federal prison until last night. Sadly, Tom is not off the hook yet. He still faces charges for the garden in the Valley, and there is a real chance that the 60+ year old patient may go back to jail in 2009.

We hope Tom is home for good, and will celebrate New Year’s next year with Stephanie. But prosecutors are going to do their best to punish him – no matter how absurd that seems at this point. Perhaps District Attorneys and US Attorneys all over the country should use the holiday as a chance to reconsider the wisdom of sending legal patients to jail at a time in history in which safe access to medical cannabis is more widespread and secure than ever before. No ones interest was served by incarcerating Tom twice already. Why do it again?

Tom’s warm homecoming and ongoing plight should also remind us that there are still many decent patients facing prosecution or already in prison. Morro Bay collective operator Charles C. Lynch will have a hearing for a new trial and may face sentencing in January. Virgil Grant and Steel Smith will start their trials soon after. Stephanie Landa, Dustin Costa, Luke Scrarmazzo, and Ricardo Montes are sitting in prison cells this New Year’s Day. And these are just a few of the Americans who are facing criminal charges or serving time because of medical cannabis. Let’s make a New Year’s resolution to redouble our support for those we hope are the last victims of state and federal laws against medical cannabis.

Be sure you are signed up on ASA’s announcement lists and keep an eye on our discussion forums to find out when you can show up in court or write a letter to support patients on trial. Community support meant the world to Tom at the bus station… and you can help make that difference for others victims, too.