Archive for September, 2009

Implementation, Not Eradication (Updated)

Tuesday, September 29th, 2009
Posted by Don Duncan

You might think the job of law enforcement is enforcing the law, but that’s not the way some California officers and organizations see it when it comes to the state’s medical cannabis statute. The latest disturbing evidence of this is an upcoming “training luncheon” on “The Eradication of Medical Marijuana Dispensaries in the City of Los Angeles and Los Angeles County,” hosted by the California Narcotic Officers Association (CNOA).

What’s shocking is not that the CNOA would resist state law – the organization is one of the oldest and most virulent opponents of medical cannabis in the state – but who will be joining them in the effort. Headlining the training on how to close down medical cannabis collectives are Los Angeles County District Attorney Steve Cooley and Los Angeles City Attorney Carmen Trutanich, and police officers from Los Angeles, Pasadena, and Alhambra. (more…)

CA Assembly to Consider SJR 14 in January

Monday, September 21st, 2009
Posted by Don Duncan

The California Assembly will consider Senate Joint Resolution (SJR) 14 after the legislature reconvenes on January 4. The ASA-sponsored resolution passed the Senate in August, but the clock ran out on the legislative calendar on September 11 – just before the Assembly Committee on Health was ready to vote on the measure. ASA will be back in Sacramento in January to finish the campaign to pass SJR 14.

Earlier this year, the White House and US Attorney General signaled a willingness to develop a new federal policy. It is still unclear what that policy will look like. SJR 14, which is authored by Senator Mark Leno (D-San Francisco), calls for very specific changes to federal medical cannabis policy. (more…)

Protecting patient-cultivators in LA

Thursday, September 17th, 2009
Posted by Don Duncan

From AboutMedicalMarijuana.com – “Protecting Patient-Cultivators

“Medical cannabis collectives in Los Angeles may have to tell the police department who grows their medicine if the City Council adopts a  draft ordinance that will be heard before the Planning and Land Use Management (PLUM) Committee on Tuesday… That provision would give patient-cultivators pause in the most tolerant jurisdictions, but it is a poison pill in a city where local law enforcement considers all medical cannabis activity suspect and routinely cooperates with the Drug Enforcement Administration to close collectives under federal law…”

Read the entire post with links at AboutMedicalMarijuana.com

“Shock and Awe” Enforcement Has No Place in Civil Society

Thursday, September 10th, 2009
Posted by Kris Hermes

The “shock and awe” tactics used by local and federal law enforcement yesterday to raid several medical marijuana providers were indefensible. One would have thought that such paramilitary-style raids were a thing of the past, a remnant of the Bush Administration. And, yet, videos like this one indicate that not only is law enforcement still trying to undermine California’s medical marijuana law, it’s being done with a vengeance. Where else would you see wheelchair-bound people being thrown into police squad cars?



(more…)

Getting Ready for a Raid

Sunday, September 6th, 2009
Posted by Don Duncan

Too soon for complacency in Los Angeles

The Los Angeles Police Department (LAPD) has recently stepped up enforcement against medical cannabis dispensing collectives in the city, and there is reason to believe that this may be the beginning of a new trend. Americans for Safe Access (ASA) is encouraging patients and providers to prepare in advance for a possible confrontation with local police. Taking some simple precautions in advance and knowing what to do during an LAPD raid can preserve your rights and keep you out of serious trouble.

The federal threat to medical cannabis is receding under the Obama Administration, and the White House and US Attorney General have signaled a willingness to create a new federal policy in comments made earlier this year. ASA is working hard to shape that new policy right now. That does not mean medical cannabis patients and providers are in the clear. There have been a handful of DEA raids this year, and local police and Sheriff’s departments may be moving to fill the perceived gap left by diminished federal activity.

The Los Angeles City Attorney and City Council are struggling to create workable regulations for collectives and cooperatives in the city right now. They are also dealing with the legal and public relations fall out from hundreds of facilities that opened under a now-defunct hardship provision in the moratorium on new storefronts adopted in 2007. The continued proliferation of storefronts in Los Angeles has raised the ire of both neighborhood groups and the LAPD. It is not hard to imagine that the LAPD will soon respond to political and media pressure by taking action against collectives and cooperatives they deem to be illegal or problematic. It is unlikely we can trust the department will be discriminating in which facilities they target. Everyone should be ready for an emergency.

ASA offers raid preparedness training for staff and volunteers at medical cannabis collectives and cooperatives. Conducted by experienced ASA staff, this one to two-hour course teaches attendees what to expect in a raid, how to assert their rights to protect themselves and others, and what to do to prepare in advance. You can schedule raid preparedness training for your friends or co-workers by emailing our headquarters at info@AmericansForSafeAccessNow.org or calling toll free (888) 929-4367.

Unfortunately, we can not train every facility in Los Angeles. Please share the information below with your friends or co-workers who are concerned about LAPD raids. Being prepared and knowing what to do is the best way to protect yourself and others. We also hope that you will support ASA in our ongoing efforts to protect and expand patients’ rights – and to finally change federal law.

Be Prepared in Advance

  • Establish a relationship with a criminal defense attorney in advance and memorize his or her number. It is important that you have someone standing by to help with bail, bail hearings, or arraignment. ASA does not recommend specific attorneys, but you can find a list online.
  • Know your rights! Read ASA’s free online Legal Manual and discuss it with others.
  • Make a plan with your friends and co-workers in advance so that everyone knows how to assert his or her rights and what to do to stay safe. ASA raid preparedness training can help accomplish this.
  • Organize your support in advance. Collectives and cooperatives should have a phone tree or off-site emergency contact person to alert if there is a raid. You may want to notify your lawyer, employees or volunteers, collective members, etc.
  • Organize and operate your collective in accordance with state law. This means carefully screening members, preventing any diversion of medicine, and operating in a not-for-profit fashion Read ASA’s report on guidelines established by the California Attorney General at  for more information.

Stay Safe in a Raid

  • Never run from the police, hide, or physically resist during a raid. Keep your hands in plain view. Never antagonize or provoke the officers. Police officers will be nervous and afraid when entering an unknown situation. They may respond with force if they perceive you as a threat.
  • Show your ID when asked, without answering any additional questions. This will save you the hassle of being detained for identification at the police station. Be aware that the police will check to see if you have any warrants, and arrest you if you do.
  • Invoke your constitutional rights by clearly saying, “I choose to remain silent. I wish to speak to an attorney.” Do not answer questions, argue with the police, or be drawn into seemingly harmless conversations. Everything you say can and will be used against you. You have nothing to gain by talking with the police during a raid.
  • Know that the police can lie, intimidate, and manipulate you during a raid. Don’t be fooled. ASA raid preparedness training can help you anticipate strategies they will use. Protect yourself by remaining silent at all times. There will be plenty of time to talk to lawyers, co-workers, and the media after the police leave.

LA City Council Endorses SJR 14

Friday, September 4th, 2009
Posted by Don Duncan

The Los Angeles City Council voted today to endorse Senate Joint Resolution (SJR) 14, an ASA-sponsored resolution authored by California Senator Mark Leno (D-San Francisco), which calls on the President and US Congress to make important changes in federal medical cannabis policies. The city’s endorsement comes just after SJR 14 was approved by the California Senate and is moving to the Assembly Committee on Health.

City Councilmembers Jose Huizar, Dennis Zine, and Janice Hahn made the motion in July, after we talked about what the city could do help finally harmonize federal law with California law. Los Angeles has more medical cannabis collectives and cooperatives than any other city in the state, and has struggled with how best to regulate safe access in the midst of the former Bush Administration’s campaign of interference and intimidation. Angelinos and their elected officials hope the regulatory process will be easier if the President and US Congress implement the recommendations in SJR 14.

Thank you, LA Councilmembers, for supporting medical cannabis patients and SJR 14!

LA Times Editorial Nails Federal Monopoly on Research Marijuana and Urges Change

Friday, September 4th, 2009
Posted by Kris Hermes

Kudos to the Los Angeles Times for publishing an editorial today on medical marijuana that gets at the heart of the federal obstruction of meaningful research into one of the most promising therapeutic substances.

Despite a press release recently issued by Americans for Safe Access on the federal solicitation of proposals for the production and distribution of medical marijuana, and a report published in April highlighting the government’s monopoly on marijuana research, mainstream media coverage has been scant. (more…)

Wash Post Exposes Md. Prosecutor’s Ignorance

Thursday, September 3rd, 2009
Posted by Caren Woodson

I can’t resist commenting on what is otherwise a decent front page Washington Post article. In particular, the ridiculous quote offered by Leonard C. Collins Jr., a prosecutor in Charles County, Maryland.

First, had Mr. Collins conducted a simple internet search, he would have learned that studies in the United States, backed up by countless studies around the world, have clearly demonstrated that marijuana is efficacious for a number of serious and chronic illnesses.  In fact, CNN‘s Chief Medical Correspondent, Sanjay Gupta, reported on the research that clearly demonstrates the efficacy of cannabis to relieve hard to treat nueropathic pain.  Moreover, safe access to cannabis for patients and research has been endorsed by a growing number of professional health care organizations, including the American Public Health Association, the American Nurses Association, the American College of Physicians, and most recently, the Medical Student Section of the American Medical Association.

Apparently, Charles County’s top prosecutor is abandoning any sense of a rational (or compassionate) approach to the issue, in favor of nonsense reminiscent of “reefer madness” days.

Second, I would invite Mr. Collins to do a little bit more research to understand the specific and unnecessary barriers that block the normal FDA-approval process for cannabis.  For starters, he might consider reading ASA’s report on the matter.

And, finally, I invite all Charles County medical cannabis advocates to get involved with the Maryland chapters of Americans for Safe Access. The only way to beat the law (and guys like Mr. Collins) is to  change the law!

Maryland Cases Highlight Need for Real Reform

Wednesday, September 2nd, 2009
Posted by Caren Woodson

Last week, in separate and unrelated cases, two Maryland residents who use cannabis to control symptoms of a serious or chronic condition used their medical necessity as a mitigating circumstance during sentencing.  As a result, both individuals received a $100 fine — the maximum penalty permitted by the State of Maryland’s medical marijuana law.

The first case involved Bill, a local ASA advocate and 50-something grandfather of two. Bill suffers from a rare, serious condition known as Cyclic Vomiting Syndrome (CVS). The case second concerned a nineteen-year-old woman who uses cannabis to control symptoms of epilepsy. They were both charged by prosecutors with felony possession with intent to distribute.  ASA provided information to both defense councils, but I was honored to provide my personal testimony at Bill’s sentencing hearing.

While the outcome is better than the alternative, the process patients are required are undergo underscores the need for real medical marijuana reform in Maryland. The bottom line: no one who uses cannabis in accordance with a physician’s recommendation should be treated as a criminal by law enforcement or subjected to fines or other penalties. Anything less than comprehensive reform leaves patients vulnerable to arrest and prosecution and wastes taxpayer money!

Read more HERE and HERE