Ending a contentious, year-long argument over what constitutes a 60-day supply of medical marijuana, the Washington state Department of Health last week issued

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FOR IMMEDIATE RELEASE   
OCTOBER 6, 2008

Protest Supporting Convicted Medical Marijuana Dispensary Owner Draws 350Patients and Advocates Call for an End to Federal Obstruction of State Law

CONTACT: Aaron Smith, MPP California organizer, (707) 291-0076

LOS ANGELES — The California organizer for the Marijuana Policy Project, Aaron Smith, joined approximately 350 medical marijuana supporters at a rally outside the U.S. District Courthouse in Los Angeles today.

    The rally was organized to support Charles C. Lynch, a former operator of a Morro Bay medical marijuana collective who was recently convicted on federal drug charges. Lynch opened Central Coast Compassionate Caregivers in 2006 but was raided by federal and San Luis Obispo County law enforcement agents in March 2007. A respected member of the community who operated with the support of local officials and the chamber of commerce, Lynch was known to refuse payment from patients who could not afford it.

    "He was just a compassionate kind of guy," Steve Beck, the father of a cancer patient who relied on Lynch's dispensary to relieve the pain caused by his treatment – which included an amputated leg – told Reason magazine this summer.

    The raid and subsequent prosecution was conducted at the request of San Luis Obispo County Sheriff Patrick Hedges, who was unable to use his office to close the facility since it was in full compliance with state and local laws.

    The jury that convicted Lynch was barred from hearing any evidence about medical marijuana or his compliance with state law. Rally participants hope that a judge will grant Lynch a retrial. A hearing to consider Lynch’s retrial request is slated for Nov. 4.

    "Only a small minority of extremists still support imprisoning Americans for medical marijuana," Smith said. "That's why it's no surprise the federal drug warriors didn't allow jurors to hear all the facts in Charles' case."

    Smith encouraged the crowd to engage in the public process by urging Congress to lift the federal ban on medical marijuana. "With your help we can bring federal policy in line with the public sentiment," added Smith.

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

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MEDIA ADVISORY   
OCTOBER 6, 2008

Marijuana Policy Project to Participate in Medical Marijuana Rally Today California Spokesperson to Join Advocates in Demanding an End to Federal War on Patients

CONTACT: Aaron Smith, MPP California organizer, Mobile (707) 291-0076

LOS ANGELES — MPP’s California organizer, Aaron Smith, will be speaking at a rally which is expected to be attended by hundreds of medical marijuana patients and advocates on Monday morning in downtown Los Angeles.

    The rally has been organized by local patients and advocates supporting Charles C. Lynch, a Central Coast man who was recently convicted on federal drug charges for operating a medical marijuana collective in Morrow Bay. Lynch complied with state law and obtained a permit to operate the facility. The jury in his trial was denied any information about the state’s medical marijuana law.

    - WHAT: “Free Charles C. Lynch” rally

    - WHEN: Monday, Oct. 6, 2008, 11 a.m.

    - WHERE: U.S. District Courthouse, 312 North Spring St. (at Temple St.), Downtown Los Angeles

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

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No Prison for Cannabis Edible Maker

A federal judge has refused to impose prison time on a California man who had produced and distributed edible medical cannabis products throughout the state.

Michael Martin addresses supporters at his sentencing

Despite sentencing guidelines calling for at least two and a half years in jail, U.S. District Court Judge Claudia Wilkin exercised her discretion to sentence Michael Martin, 34, to five years probation, with one year to be served in a halfway house and one year to be served in home confinement. The dramatic sentence caused the courtroom full of patients and activists to erupt in applause.

Faced with the threat of more serious charges and the specter of a federal trial in which no information about state law or medical use could be introduced, Martin pled guilty in federal court to manufacturing marijuana edibles and did not contest the government finding of more than 400 plants seized in the September 2007 DEA raid.

In a speech to the court that had observers in tears, Martin spoke eloquently about why he had acted on behalf of patients, describing the cancer patients he was proud to have helped, the support of his loving family, and how he had only acted on behalf of others, never for profit.

That speech, the enormous volume of letters of support for Martin the judge received, and the lack of any evidence that any edible produced by Mickey was diverted to recreational use, all helped the judge declare that this was a unique case that did not call for a normal sentence, and certainly not the more than three years of federal prison that the law mandates.

Comments from the bench about the tensions between state and federal laws also made clear that the judge understood medical cannabis cases to be different from other federal drug cases, and she joined several other members of the federal judiciary in departing from the government's sentencing guidelines.

"The prosecution of good people like Michael Martin, who are trying to give patients the choice of an edible, non-smoked medicine, is a travesty," said Rebecca Saltzman, ASA Chief of Staff. "The government says smoking is a bad delivery method then prosecutes those who provide an alternative -- ridiculous."

ASA played a key role in providing support for Martin and his family after he surrendered to authorities. ASA staff helped organize the grassroots response of local patients and activists who filled the courtroom during Martin's hearings and assisted him with managing the media response in the wake of DEA attempts to portray him as a dangerous drug dealer.

Martin was the state's largest producer of medical cannabis baked goods and other edibles, products that offer an alternative to smoking cannabis that is preferred by many patients. The products were available only through licensed dispensaries and carried prominent labels warning that they were cannabis products for medical use only. A majority of the more than 300 medical cannabis dispensaries in California provide edible products to their patients.

Calif. Job Rights Bill Vetoed, ASA Vows Fight

Late September 30, California Governor Arnold Schwarzenegger vetoed AB 2279, a bill to ensure job rights for the state's medical cannabis patients.

AB 2279 would have stopped workplace discrimination against hundreds of thousands of legal patients, whose right to work was compromised by a California Supreme Court decision earlier this year. The governor's veto means that California employers can still fire patients who follow state law - even those who only use medical cannabis in the privacy of their homes. The veto is a setback for fairness and non-discrimination, but ASA will fight on in the state courts and capitol to protect and expand cannabis patients' rights.

"The governor's veto is disappointing," said Don Duncan, ASA's California Director. "But we have seen that persistent and strategic work by ASA - supported by our robust grassroots effort - can get results. In a different political climate, we would have gotten the governor's signature. But our strategy got it through the legislature, so we're hopeful for the future."

Medical cannabis patients were caught with other constituencies in the crossfire between Gov. Schwarzenegger and state lawmakers over the state's budget. The governor vetoed a record number of bills this year, including some that passed both houses unanimously and had no registered opposition, in apparent retaliation for the legislature's reluctance to adopt his controversial budget.

Patient Gets Cannabis Back from Police, Finally

In another victory for ASA's return of property campaign, a California medical cannabis patient got his cannabis back from police after a nearly three-year wait.

Jim Spray, 52, finally got Huntington Beach police to return the property they had seized from him in November 2005, but not without going through the legal wringer.

Jim Spray sports an ASA cap as he retrieves his property from police.

With the help of ASA Chief Counsel Joe Elford, Spray went to court three years ago, asking for the return of approximately five ounces of marijuana, twelve immature plants, a jar of concentrated cannabis, and marijuana cultivation equipment valued at $1,000. But the court denied the motion.

The ruling hinged on another case, Chavez v. Superior Court, which had said that a patient-caregiver was not entitled to the return of his medical marijuana because not all was for his personal medical use. Courts and prosecutors used this to claim that there was no circumstance under which medical marijuana could be returned.
"We had been fighting this misunderstanding in a number of cases," said Joe Elford, ASA's Chief Counsel. "But because you can only appeal the denial of a motion for return of property through a procedure known as a writ, the appellate courts could elect to ignore us, which is what they did."

But Spray was not alone. Felix Kha was fighting a similar battle with Garden Grove police, also with ASA's help. Police had already been ordered to return patient Kha's property, but the city refused, and the appeal languished for months - until Spray's case came along.

ASA Chief Counsel Joe Elford

"With Jim Spray's case filed," said Elford, "I could remind the court of appeal that the Garden Grove case was pending and that this was an issue that needed to be resolved. James Spray's case pushed the issue along."

The appeals court consolidated the cases for oral argument, with Elford arguing both. Three months later, decisions came down in favor of both patients. But the difficulties continued for Spray.

Despite being directed by the court of appeal to issue an order for the return of Spray's property, the trial court refused. So Spray and Elford had to file yet more paperwork, finally resulting in an order to police, nine months after ASA's court win.

On September 17, Spray took the order to the Huntington Beach Police Department to get his property back. Although much of the cultivation equipment had been mysteriously destroyed and the dried marijuana and plants were beyond salvage, one jar contained several grams of concentrated cannabis that is still usable, much to Spray's delight.

Congress Urges Oversight of DEA Tactics on Medical Cannabis

Several U.S. Representatives used the waning days of 110th Congress to record their continued opposition to federal enforcement raids on individuals who use or provide medical cannabis in accordance with their state law.

ASA's lobbying efforts helped convince more than a dozen members of the U.S. House of Representatives to sign a bi-partisan letter asking the Judiciary Committee to investigate DEA enforcement activity against medical cannabis dispensing collectives and their landlords. The lawmakers have asked to Judiciary Committee Chairman John Conyers to convene an oversight hearing on whether the DEA is using federal resources wisely and efficiently, what impact the increased level of enforcement is having on the ability of state and local governments to effectively implement their state law, and what changes to federal law are necessary.

The letter, which was spearheaded by ASA and sponsored by U.S. Representatives Sam Farr (D-CA), Dana Rohrabacher (R-CA), Barney Frank (D-MA), Maurice Hinchey (D-NY), and Dr. Ron Paul (R-TX), echoes the concerns raised by local officials across California and acknowledges the Chairman's pervious endeavors to provide oversight.

"We had hoped that oversight would have occurred by now," said Caren Woodson, ASA's Director of Government Affairs, "But given the Bush Administration's systematic obstruction of Congressional oversight the past few years, particularly of officials in the Justice Department, we expect oversight hearings to have generous support next year with a new Congress and new Administration open to change."

As a result of ASA efforts on Capitol Hill and in California this year, Chairman Conyers earlier sent a letter to DEA Acting Administrator Michelle Leonhart which questioned the Department of Justice about the enforcement tactics being used against medical cannabis patients and state programs.

Idaho is a rocked-rib Republican state, and the state's Republican Party is no friend of medical marijuana, but that isn't stopping one GOP legislator from going ahead with plans to introduce a med

With election day little more than a month away, it is time for a round-up of drug policy reform initiatives facing voters in November.

California Gov. Arnold Schwarzenegger Wednesday vetoed a bill that would have protected medical marijuana patients from being fired from their jobs for testing positive for pot on a drug test.

A Washington state man with a doctor's authorization to use medical marijuana was convicted of cultivation last Friday after a state judge ruled that his use of the herb to treat chronic lower back

FOR IMMEDIATE RELEASE   
SEPTEMBER 23, 2008

King's Co. Becomes 42nd California County to Adopt Medical Marijuana ID Card ProgramDecision Comes Two Weeks After Fresno Chooses to Start Its Program

CONTACT: Aaron Smith, MPP California organizer, 707-291-0076

KING'S COUNTY, Calif. — The King's County Board of Supervisors unanimously decided to adopt a medical marijuana identification card system today, making it the 42nd county to comply with a requirement mandated by a 2003 state law.

    By giving patients the option of obtaining cards identifying them as qualified medical marijuana patients, law enforcement officers will be able to quickly discern whether they are operating within the law, sparing taxpayers the burden of costly, time-consuming false arrests, advocates said.

    "California's voters, Legislature and the courts have made it clear that counties must comply with the state's medical marijuana law," said Aaron Smith, California organizer for the Marijuana Policy Project. "In instituting this I.D. card program, the King's County supervisors are not only demonstrating their understanding of the law and their obligation to follow it, they're helping ensure California's medical marijuana law works as voters intended it to."

    Like the Fresno supervisors who voted for the I.D. card program just two weeks ago, the King's County board was waiting for a ruling on a legal challenge to the I.D. card program before making its decision. The 4th District Court of Appeals unanimously dismissed the challenge brought by San Diego and San Bernardino counties July 31, though both counties have vowed to appeal to the California Supreme Court.

    Patients and advocates hailed the decision as the latest sign that local and state officials have come to understand the importance of protecting the rights of seriously ill Californians to use medical marijuana to relieve their pain if their doctors recommend it. In August, Attorney General Jerry Brown issued the most comprehensive directives on how law enforcement should interact with medical marijuana patients and collectives, a move lauded by the state's Police Chiefs Association as an important step toward clarifying the law. The guidelines state that the I.D. cards "represent one of the best ways to ensure the security and non-diversion of marijuana grown for medical use."

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

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Save the Date: IMMLY Medical Cannabis Benefit and Awards, Oct. 3 in Madison!

Regulating medical marijuana under state law makes it possible for police to protect private property:

Mendocino County sheriff's deputies arrested eight Sacramento-area men Friday on suspicion of robbing at gunpoint a Laytonville man who grew marijuana in his garden for medical use.

The men, who range in age from 18 to 24, are from Citrus Heights, Elk Grove and Sacramento, and are facing armed robbery and conspiracy charges. [Sacramento Bee]

It’s nice to see police helping patients and turning their attention towards real criminals.

Ayurvedic medicine has been practiced for thousands of years in South Asia, but it many of its preparations, which inclu

The Dutch Supreme Court Tuesday upheld an appeals court ruling allowing a patient suffering from multiple sclerosis to grow marijuana for therapeutic purposes.

Nearly 1.9 million people were arrested on drug charges in the United States last year, some 872,000 for marijuana offenses, according to the FBI's annual

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Please join us for our next monthly public meeting.

For more information, as well as minutes from our last meeting, see http://www.cmmnj.org/.

Open to the public; sponsored by Floridians for Criminal Justice Reform, Families Against Mandatory Minimums (FAMM), November Coalition and Pain Relief Network.

For complete information, see http://www.wammfest.org/.

Vendors, please see: http://wammfest.org/vendorsignup.htm

Medical marijuana patients are routinely discriminated against in medical settings.

Eddy Lepp, a medical and religious use of marijuana advocate named High Times "20