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ASAâs Medical Marijuana in the News: 1/5/08
- ASA ACTION: City of San Diego Sides with ASA on Patient Rights
- MONTANA: Corrections Officials Try to Block Access
- NEW MEXICO: Patient Grateful, but Still Fearful
- NEW JERSEY: Medical Marijuana Bill Languishes in Legislature
- FEDERAL: Nomination for US Attorney Bodes Ill for California
- CANADA: Crusading Patient Memorialized
- SENIORS: Aging Americans Look to Medical Marijuana
- DISPENSARIES: Operator Defends Safe Access
- CALIFORNIA: Medical Cannabis Conflict on North Coast
- ASA BLOG: Comments from ASA Staff and Guests
ASA ACTION: City of San Diego Sides with ASA on Patient Rights
When officials from three counties tried to opt out of Californiaâs requirement that they issue medical marijuana patients ID cards, ASAâs legal team took action. ASA Chief Counsel Joe Elford appeared in court on behalf of a coalition of advocacy groups to argue that state law must be respected, and won. San Diego County was alone in deciding to appeal the ruling, and now the city of San Diego has filed a brief arguing in favor of patients.
City files amicus brief for medical ID cards
by Jeff McDonald, San Diego Union Tribune
In the legal tug of war between the county and state over medical marijuana, the city of San Diego has sided with Sacramento â and voters.
County Wants Relief of Duty Providing ID Cards for Medical Marijuana Users
Fox 6 San Diego
The city of San Diego has taken the state's side against San Diego county in a battle about medical marijuana use, according to court documents.
County, City At Odds Over Medical Marijuana
NBC San Diego
The city of San Diego joined the fight in support of medicinal marijuana Friday, issuing a request to the state court to confirm that ailing patients have the right to use the drug for medicinal purposes.
MONTANA: Corrections Officials Try to Block Access
Medical care for Montanans under state supervision would be limited if corrections officials get their way. But there is substantial opposition to the plan, which would eliminate access to the stateâs medical marijuana program for those on parole or probation.
Medical Pot Ban Sought for Parolees
by Mattt Gouras, Associated Press
Montana's Department of Corrections is facing stiff resistance to a proposal to prohibit all people on parole or probation from obtaining medical marijuana.
Medical Marijuana - No medicine for parolees
by Patrick Duganz , Missoula News (MT)
Convicts on parole or probation in Montana currently have the same rights as anybody else to use medical marijuana as prescribed by a physician, but the Montana Department of Corrections (DOC) wants to alter this policy because of a perception that parolees are âdoctor shoppingâ for the legal medication.
U.S. Sentencing Commission Approves Crack Reform for Federal Prisoners
Press Release: Marijuana is Quickest Path to Millions - The New California Gold Rush
Prison Art Clocks let you do time with your favorite imprisoned artists. Only $16.99 (reg $20)
The Sentencing Project: Disenfranchisement News & Updates - 12/7/07
Americans for Safe Access: December 2007 Activist Newsletter
Victory for Patients' Right to Return of Marijuana
Appeals Court Says Police Must Give Back Property Despite Federal Law
ASA's legal team won another huge victory when a California appeals court said police must return marijuana seized from qualified patients. The November 28th ruling in favor of Felix Kha, a medical marijuana patient from Garden Grove, means police must return the eight grams of medical marijuana they took from him in a June 2005 traffic stop.
ASA Chief Counsel Joe Elford
Attorneys for the police claimed that they should not have to since federal law prohibits possession of marijuana, even for medical use. But a three-justice panel from the state's Fourth Appellate District unanimously rejected that claim, saying "it is not the job of the local police to enforce the federal drug laws."
"California law enforcement is now on notice that they cannot seize and keep the medicine of seriously ill patients," said ASA Chief Counsel Joe Elford, who represented Kha. "The court has ensured that patients have a way to get their cannabis back."
The ruling was more than two years in the making. After a marijuana possession charge against Kha was dismissed in August 2005 because he had a valid doctor's recommendation, an Orange County Superior Court judge ordered the return of his medicine. But the City of Garden Grove refused and appealed the order.
The issue was ripe for review, as state courts have split on the issue previously. The question found the California Attorney General and the California Police Chiefs Association on opposite sides. Both filed "friend of the court" briefs in the case on opposite sides of the issue, with the state Attorney General in support of Kha.
In analyzing reports from nearly 800 patient encounters with local or state police in 53 of California's 58 counties, ASA found that more than 90% resulted in medicine seizure by police, regardless of probable cause.
The court's ruling also affirms a 2005 policy change by the California Highway Patrol (CHP). CHP abandoned its policy of mandatory seizure of medical marijuana after a court challenge from ASA.
"Both today's court ruling and the new CHP policy go a long way toward restoring patients' rights in California," said Elford.
For further information, refer to:
Decision by the California Fourth Appellate District Court
Background on Felix Kha's return of property case
The LEAP Report -- Issue 10
Mississippi Juvenile Justice Reformer Named New JPI Executive Director
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