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Americans for Safe Access Monthly Activist Newsletter

Defending Patients' Access to Medical Marijuana

  • November 2007
  • Volume 2, Issue 11

ASA Pressures Calif. Governor to Stand Up for Patients' Rights

Schwarzenegger Asked to Resist Federal Interference in Medical Marijuana Program

In response to the dramatic increase in federal raids on California's medical marijuana patients and caregivers, Americans for Safe Access this month organized a campaign to convince Governor Arnold Schwarzenegger to stand up for his state's most vulnerable citizens.

The campaign—which included more than 40,000 postcards to the Governor, as well as hundreds of phone calls and emails, all urging him to take action to defend patients' rights—included a meeting with a representative of the governor on October 5. Governor Schwarzenegger's chief advisor for health and transportation spent an hour with ASA Executive Director Steph Sherer and ASA California Director Don Duncan, discussing how medical marijuana patients and providers in California are being victimized in the state-federal conflict. The advisor assured them that the governor's office has received hundreds of cards from ASA supporters and is well aware of the issue. ASA's constituents have the governor's ear, she said, and the governor is listening.

Six days after the meeting, more than 300 medical marijuana patients and advocates gathered at the governor's Los Angeles office for a rally urging the governor to act.

People began gathering in front of the governor's office over an hour before the event. By the time the rally began, the crowd took up almost the entire block, spilling into the streets and chanting, "support patients' rights, stand up and fight," and "we're patients, not criminals!" Many held movie-marquee style signs with such slogans as “Coming Soon: The Gov. in End of DEA Days.”

The rally at the governor's office The rally drew 300

The Los Angeles City Council was represented at the rally by Brian Perry, a staff member in Council Member Dennis Zine's office, who read a prepared statement, saying, "this year has seen a dramatic increase in federal law enforcement activity surrounding medical cannabis, including raids, confiscation of medicine and plants, and indictments." Council member Zine, a former Los Angeles police officer, has been leading the City Council in working on city regulations for the operation of medical marijuana dispensaries. The LA City Council has publicly condemned the recent federal raids and asked the DEA to not interfere as the regulatory process goes forward.

Orange County Supervisor Chris Norby also sent a statement of support, and other speakers included Sherer, Duncan and Michael Martin, the former medical marijuana edible maker who was recently raided by the DEA. The rally ended on a somber note, as the crowd went silent to hear medical marijuana patient Stephanie Landa, 60, say a few words by speakerphone from federal prison, where she is serving a 41-month sentence. The rally got extensive coverage from local LA media, which reaches 10 million people.

Advocates are also urging the governor to discourage state and local law enforcement agencies from cooperating with federal medical marijuana raids. Governor Schwarzeneg-ger is also being encouraged to join New Mexico Governor Bill Richardson and other governors in states with medical marijuana laws to change federal policy.

This year alone, the DEA and other federal agencies have conducted more than 44 raids of California patients and providers, more than double the number of the two previous years.

Meanwhile, Governor Schwarzenegger has allocated more than $1 million to fund a statewide ID card program, and the state has established sales tax rules for dispensaries. Since 1996, more than 30 cities and counties have adopted regulations for dispensaries.

ASA's campaign will continue until the governor takes action to stop federal interference in California's medical marijuana program. See: AmericansForSafeAccess.org/StandUp.

 

Patients Protest DEA Raid on Medicinal Edible Maker

Feds Deny Patients Access to Alternative to Smoking

On October 4th, ASA activists and medical marijuana patients gathered in protest at the Oakland Federal Building, as an activist turned himself in to federal authorities to face charges that he supplied edible medical cannabis products to other patients.

Surrounded by protestors carrying signs reading, "DEA: Keep your hands out of the medical marijuana cookie jar," Michael Martin, 33, spoke to the press before surrendering. Martin condemned the ongoing raids in California, with his wife, Elinor; their sons, 3-year-old Tyler and 5-month-old Lucas; and his mother by his side.

The Martin Family The Martin family in happier times

"I believe truly in my heart that I have done nothing wrong," Martin said outside the Oakland Federal Building. "We must put a stop to this travesty and, as a community, speak up and defend a patients' right to use safer alternatives of medication as they and their doctors see fit."

Federal prosecutors had issued an arrest warrant for Martin in connection with raids the previous week on Tainted, Inc., a maker of baked goods and other medical marijuana edibles. He was released later that day on a $300,000 bond; he faces charges that could result in more than 20 years in prison and $1 million in fines. Three others who worked at Tainted were charged along with Martin; all three are free on $200,000 bond.

Edible cannabis products provide an alternative to smoking cannabis and are preferred by many patients. Ordinances allowing for the sale of edibles by dispensaries have been adopted by many local officials, including the County of Los Angeles, the County of Alameda, and the City of Oakland, where the raids on Tainted, Inc. occurred. The medical cannabis products made by Tainted, Inc. carry prominent warning labels and are available only to qualified patients through dispensaries.

"Since I cannot smoke cannabis, I rely on edibles to control my pain and to allow me to sleep through the night," said Lenny Fisher, a 54-year-old cancer patient who has used Tainted's medical marijuana products.

The development of delivery methods that do not involve smoking was one of the recommendations of the White House commissioned 1999 Institute of Medicine Report on medical marijuana. While long-term studies of chronic marijuana users have shown that there is no associated risk of lung cancer or other diseases, many patients remain concerned about smoking cannabis or find oral ingestion to be easier or more effective.

Press Release: ACLU Praises USSC for Change to Federal Drug Sentencing Guidelines, Fairness and Consistency in Sentencing Now Require Such Changes Be Applied Retroactively

FOR IMMEDIATE RELEASE Contact: [email protected] Washington, DC – The American Civil Liberties Union today praised the U.S. Sentencing Commission (USSC) for taking action to bring the guideline ranges for crack cocaine federal sentences back in line with the mandatory minimum statute. As a result of the previous guidelines, crack cocaine defendants sentenced to the mandatory minimums often served many more months than required by the law for their offense. The ACLU now calls upon the USSC to make such changes retroactive, joining a growing chorus of organizations and individuals who believe such changes are an important step toward parity and justice in cocaine sentencing. "A retroactive change in the guidelines would offer relief to thousands of defendants who, because of the inconsistency caused by the sentencing guidelines, received sentences higher than the mandatory minimum," said Jesselyn McCurdy, legislative counsel for the ACLU Washington Legislative Office. "For the sake of consistency and basic fairness under the law, this change must be retroactive. "There is a widespread perception, particularly in African-American communities, of racial bias within the criminal justice system. For example, drug sentencing guidelines impacting other racial groups, such as those involving LSD, marijuana, and oxycodone, have been made retroactive by the commission in the past. Such perceptions of racial bias would only be magnified if corrected sentencing guidelines for crack cocaine offenses aren't also made retroactive." Neither the new guidelines nor their retroactivity will impact the statutory 100-to-1 quantity disparity between crack and powder cocaine, identified by the USSC as the "single most important" factor accounting for longer sentences imposed on African-Americans relative to other racial groups. The ball is in Congress’ court to make the statutory fix, and the USSC has expressed its firm desire "for prompt congressional action." As an interim measure, however, making the USSC’s proposed guidelines retroactive would be a significant step towards correcting over two decades of injustice in cocaine sentencing.

The Sentencing Project: Disenfranchisement News & Updates - 11/02/07

New York: Hearings Scheduled to Consider Parolee Voting Rights The New York State Commission on Sentencing Reform has recommended that voting rights be restored to individuals on parole in an effort to improve reentry by way of civic participation. A series of public hearings to consider this and other issues are scheduled starting November 13. Currently, in New York those with felony convictions under parole supervision, as well as New York citizens with a felony conviction from another state, are banned from voting. A majority of the Commission believe that parolees' rights should be restored, according to a Commission reform proposal. Florida: New Restoration Policy Needs to be 'Reengineered' State officials are reporting that more individuals - 35,000 to be exact - have regained their civil rights after the state's executive clemency board in April restored the right to vote to those with non-violent records "during this period than during any other comparable period in recent memory," states a Tallahassee Democrat op-ed by Mark Schlakman. Nonetheless, there are close to a million more individuals for whom the state must decide eligibility for rights restoration - a process that could take years. Schlakman writes that Gov. Charlie Crist's Cabinet "must revisit and reengineer that process to achieve more comprehensive reform." He further said individuals with felony records cannot easily gain employment and suggested that the connection between rights restoration and ex-offender eligibility should be omitted. "There would be no compelling need to distinguish violent offenses from non-violent offenses to determine fitness to vote. Similarly, there would be no need to subject rights-restoration cases to multiple levels of scrutiny and cumbersome and costly investigations," Schlakman wrote. National: Disenfranchisement is an 'Artifact of Jim Crow' Arguing that there is no reasonable justification behind felon disenfranchisement, "Locked Out: Felon Disenfranchisement and American Democracy" (Oxford University Press 2006) by Jeff Manza and Christopher Uggen is reviewed in the Ohio State University Journal of Criminal Law. The review, entitled "Felon Disenfranchisement and Democracy in the Late Jim Crow Era," is by University of Arizona Professor Gabriel J. Chin, and focuses on the history and policy behind disenfranchisement. Chin writes: "It might be said that felon disenfranchisement is a folkway rather than a policy; it enjoys remarkably wide acceptance in codes across the country without a well-articulated justification or rationale, particularly for the period after full completion of sentence." The Michigan Citizen published an opinion editorial on disenfranchisement and how penalties for a crime continue even after time is served. Calling disenfranchisement a way to suppress black votes, author Dr. Henrie Treadwell, associate director of Development at the National Center for Primary Care at Morehouse School of Medicine and director of Community Voices, also commented on each state's varying disenfranchisement laws. "The state laws are so varied that from jurisdiction to jurisdiction there is no consistency on what convictions will trigger a loss of voting rights," the author wrote. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information: e-mail: [email protected], web: http://www.sentencingproject.org

Abstract Submission for IHRA Conference in Barcelona - Two Weeks Left!

[Courtesy of Eurodrug] The deadline for submitting abstracts for 'Harm Reduction 2008', the conference of the International Harm Reduction Association, is fast approaching. All abstracts must be submitted online by the 14th of November 2007. If you wish to share your experiences, best practice, research and ideas in front of an international audience, then we would encourage you to submit an abstract of 200 to 300 words. See here for more information: http://www.ihra.net/Barcelona/Home To find the guide for abstracts: http://www.ihra.net/uploads/downloads/Conferences/Barcelona2008/Barcelona2008AbstractGuideline.pdf.

Drew Carey Kicks It with Steph Sherer

Dear Friend,

In this second episode of The Drew Carey Project, released on Reason.tv, Drew interviews ASA Executive Director Steph Sherer and takes a look at federal interference with medical cannabis dispensing in California.

Check out the video at: www.AmericansForSafeAccess.org/DrewCarey

The video is the second episode of a joint project between Drew and Reason, The Drew Carey Project. Its mission is to create “a series of video documentaries that take a hard look at the variety of threats to our liberties -- and celebrate what it really means to be free.”

In the video, Steph shares her story with Drew and talks about how her own experiences led to her founding of Americans for Safe Access. Drew also visits a Los Angeles dispensary and goes on to interview Steve Whitmore, spokesperson for the LA County Sheriff’s Department, as well as Bill Leahy, Vietnam vet and medical marijuana patient.

Share this episode of the Drew Carey Project with your friends and family! We know medical cannabis improves the lives of millions of people and we know that the federal interference with state medical marijuana laws is outrageous. But unless we share Drew's report with friends and family who might not support our views or who might not feel as passionately as we do, we will lose a great opportunity to reach out and educate people about medical cannabis and the threats facing patients nationwide. So please forward this email and share Drew Carey’s report on Medical Marijuana!

Enjoy watching Drew’s report at www.AmericansForSafeAccess.org/DrewCarey and please remember to share it!

Thank you,

Rebecca Saltzman
Chief of Staff
Americans for Safe Access

 

 

P.S. The only way we can continue our work and educate people about medical cannabis is with support from people like you. Please visit www.AmericansforSafeAccesss.org/Donate today to become a member of ASA.

Funding Received for Musical Instruments for Prisoners

[Courtesy of Prisons Foundation] The Prisons Foundation, in conjunction with the England based Jail Guitar Doors project (http://www.jailguitardoors.org.uk/), has received funding to purchase guitars to be sent to prisons and jails in the United States where they will be utilized by prisoners. If you know of any jail or prison whose prisoners could benefit from participation in this program, please ask a representative of that institution to email Joe Shade, coordinator of the program at [email protected] Thank you for your interest in this program.

NDSU Files Amicus in Support of Hemp Farming Lawsuit, DEA Makes Feeble Argument that Hemp Can be Turned into Drugs

For Immediate Release: October 29, 2007 Contact: Adam Eidinger T: 202-744-2671, E: [email protected] or Tom Murphy T: 207-542-4998, E:[email protected] NDSU Files Amicus in Support of Hemp Farming Lawsuit DEA Makes Feeble Argument that Hemp Can be Turned into Drugs BISMARCK, ND – North Dakota State University (NDSU), a publicly funded land grant university has taken the unprecedented step of submitting an amicus brief in support of two North Dakota farmers, Rep. Dave Monson and Wayne Hague, who filed a lawsuit in June to end the U.S. Drug Enforcement Administration’s (DEA) ban on state-regulated commercial hemp farming in the United States. In the amicus, NDSU states that since 1999 they have waited for DEA to grant their application to grow non-drug industrial hemp to create varieties best suited for the North Dakota climate and soil conditions. NDSU contends these farmers should be granted relief from the court, as it is pointless to wait for DEA’s decision on licensing because the school’s interaction with the DEA shows the federal agency has no intention of cooperating with a premier agricultural university let alone private farmers. The amicus can be read online at http://www.votehemp.com/legal_cases_ND.html. Due to DEA’s obstructionism, the North Dakota Legislature removed earlier this year the requirement that state-licensed industrial hemp farmers first obtain DEA permits before growing hemp, enabling the plaintiff farmers to bring their case. In a Reply to the DEA’s Opposition to the farmers’ Motion for Summary Judgment filed Friday, lawyers for Monson and Hauge argue that not only do the farmers have standing as they are licensed by the state to grow industrial hemp and do not have to risk arrest before growing the crop, but that DEA is ignoring that the Controlled Substance Act (CSA) exempts non-drug hemp seed, oil and fiber from control. DEA is improperly extending its authority under the CSA into purely intra-state regulated industrial hemp farming that places only exempt non-drug hemp fiber and seed commodities into commerce, that not only did Congress not intend to regulate, but cannot regulate via the CSA under the Commerce Clause. With support of the landmark litigation coming from all branches of the North Dakota government as well as the Attorney General’s office who represents NDSU, the DEA has resorted to raising outlandish claims that somehow non-drug industrial hemp can be used as a drug even though impossible by definition, and in Canada and European countries where hemp is grown for export to the US, there is no such activity taking place. Gold can hypothetically and has in some instances been extracted from seawater, but the minimal concentration makes it technically and economically inefficient and commercially non-viable to do so. There are trace opiates in poppy seeds consumed on bagels, that could also be hypothetically be concentrated; but just as with industrial hemp is not a practical source of drugs for the illicit market. “The DEA is making a feeble defense, and is basically saying the farmers in North Dakota could divert their non-drug industrial hemp crops to make drugs, even though that is economically impossible and no one does that anywhere in the world. The media should be very skeptical of any ‘facts’ the DEA purports as DEA has realized the strength of the farmers’ case and is furiously backpedaling, asking for discovery on facts it previously held to be undisputed in a desperate bid to sow confusion,” says David Bronner, President of the Hemp Industries Association whose company, Dr. Bronner’s Magic Soaps imports hemp oil from Canada for their soaps. Monson v. DEA will be argued in court on Wednesday, November 14, 2007 in Bismarck, North Dakota. Oral arguments begin at 10:00 am CDT in the William L. Guy Federal Building, 220 E Rosser Ave Bismarck, ND and will immediately be followed by a press conference on the courthouse steps.

Numbered Prison Art Prints Only $10 to Celebrate First Anniversary of Prison Art Gallery, Shipped Anywhere

The Prison Art Gallery in downtown Washington, DC (three blocks from the White House) has now been in existence for a full year. We've sold hundreds of paintings, drawings and crafts made by prison inmates from across America, and sent thousands of dollars to their commissary accounts and their families. At the same time we've supported victim assistance and justice advocacy groups with our share of the proceeds from these sales. Thank you for helping to make this success possible. To celebrate our first anniversary, we are placing ALL our numbered limited edition Prison Art prints (each one 11" by 17" inches) on sale for the low low price of only $10 each. Or for just a little more, we can frame them for you. You can purchase by phone, email, or at the Prison Art Gallery or our outdoor exhibit. They can be shipped anywhere in the world. To see 40 of these beautiful works of art, please visit our November Art for Justice prison art catalog at http://prisonsfoundation.org/novafj.pdf . If you have any questions, please call 202-393-1511 anytime.

ASA's Medical Marijuana in the News: Week of 10/26/07

RESEARCH: Federal Research Project Findings Withheld

Despite the insistence of federal agencies that there is no medical use for marijuana, for decades a handful of seriously ill Americans have been receiving marijuana grown and paid for by the U.S. Government. The Investigational New Drug program includes only a handful of people now, since the program was closed to new applicants during the HIV epidemic of the 1980s. While each of the participating patients has been certified by physicians who report regularly to the federal government on the effectiveness of the treatment, those in charge of the program have yet to release any data.

A few people get Uncle Sam's weed
by Bryan Denson, The Oregonian
The U.S. government's official policy on marijuana is that it's dangerous and illegal, even in states such as Oregon and California that have approved its medical use. Yet Uncle Sam prescribes pot for 68-year-old Elvy Musikka of Eugene, one of seven test subjects in a little-known federal medical marijuana program.

RESEARCH: Pain and Depression Helped by Low-Dose Cannabis

Prohibition and the attendant reluctance of the federal government to fund or even allow research studies on medical marijuana have slowed scientific advances -- as the AMA predicted in 1937, when Congress passed the first law restricting marijuana. But researchers in other countries are active, and the state of California is now funding research that is starting to be published. Recent findings show that relatively low doses of cannabis can be highly effective in treating pain and depression.

Smoked Cannabis Proven Effective In Treating Neuropathic Pain
Science Daily
Smoked cannabis eased pain induced in healthy volunteers, according to a study by researchers at the University of California, San Diego (UCSD) Center for Medical Cannabis Research (CMCR.) However, the researchers found that less may be more.

Cannabis shows anti-depression benefits, but too much has reverse effect
Canadian Press
Cannabis in small doses has some beneficial effects for curbing depression, but too much of the drug can cause the polar opposite effect, a new study suggests.

A Little Marijuana Helps, but Lots May Hurt
by Brandon Keim, Wired
A moderate dose of medical marijuana can soothe your hurts, both mental and physical -- but getting flat-out toasted may actually make the pain worse.

Too much cannabis 'worsens pain'
BBC News (UK)
Smoking large amounts of cannabis for therapeutic reasons may increase rather than reduce pain, a US study suggests.

COLORADO: Test Case Yields Return of Marijuana

Another court case has helped clarify the rules around medical marijuana in Colorado, and the outcome is again largely thanks to attorney Brian Vicente, director of the Colorado Campaign for Safe Access, a joint project of Sensible Colorado and Americans for Safe Access. In this case, police returned the property of a qualified caregiver.

Marijuana returned to caregiver
by Howard Pankratz, Denver Post (CO)
A small amount of marijuana and drug paraphernalia was returned by Jefferson County authorities today to a medical marijuana caregiver who was issued a summons at Mount Falcon Park earlier this year.

Press Release: U.S. Crackdown on Medical Marijuana in Eastern District of California Modest Caregiver Growers Face Federal Prison, Forfeiture

California NORML Release - Oct 24th, 2007 U.S. Crackdown on Medical Marijuana in Eastern District of California Modest Caregiver Growers Face Federal Prison, Forfeiture SACRAMENTO -- The U.S. Attorney's office in the Eastern District of California is waging an aggressive crackdown on medical marijuana, taking up modest cases that would normally be tried in state court and pursuing them with federal charges involving heavy penalties. Recent cases include Michael Lombardo, 49, who has been federally charged for a five-patient medical garden in Nevada County involving 65 to 100 plants, far below the typical 1,000-plant threshold for federal prosecution. While Lombardo's garden was arguably legal under California's medical marijuana law, no medical defense is available to him under federal law. In addition, the federal government has filed to forfeit Lombardo's home. Under federal law, any property used to grow marijuana is subject to forfeiture, regardless of whether it was lawfully acquired. Lombardo, an electrician with no prior offenses, has owned his home for seven years. Other Eastern District Prop 215 caregiver growers facing federal forfeiture of their homes include a Plumas County couple, Jeff Sanderson and Alice Wiegand (also facing criminal charges), Ron Hennig of Siskiyou County, James Robertson of Butte County, and Patricia Hatton, also of Butte County. Hatton's attorney, Jodea Foster, denounced the federal charges as "legal extortion." The crackdown is being led by U.S. Attorney McGregor Scott, who has been soliciting local law enforcement to turn over medical marijuana cases. Many DA's and sheriffs have been happy to do so in order to avoid the difficulties of state prosecution. California NORML denounced both Scott and local law enforcement officials for conspiring to circumvent Prop. 215. "Federal laws against medical marijuana laws are inherently bankrupt and unjust," said California NORML director Dale Gieringer. Under federal law, defendants are denied the right to even mention medical marijuana or Prop. 215 at their trials. Medical marijuana defendants who are prosecuted in federal court typically receive tougher penalties than non-medical offenders in state court. In some cases, Prop. 215 defendants in the Eastern District have been snatched up from state court and hauled off to jail on federal charges after having state charges dismissed. Recent examples include Gordon Rasmussen, charged with a 210- plant caregiver garden in Chico, and Donato Canceleno, a 63-year old disabled patient with a similar garden in Madera County. While each might have been found innocent under state law, they face a potential five-year mandatory minimum under federal law for growing over 100 plants. The Eastern District is particularly notorious for harsh sentences against medical marijuana defendants. Examples include Dustin "DC" Costa, currently serving 13 years - the longest known sentence for any Prop 215 defendant - for a cultivation coop in Merced; Vern Rylee, a severely disabled patient from Trinity County who is serving 71 months in federal prison for cultivation, and David Harde, sentenced to 30 months for a caregiver garden in El Dorado County. Another severely ill defendant, Joe Fortt in Kern County, served 21 months in prison before being deported to Canada. Eastern District prosecutors are currently seeking a five year mandatory minimum against Dr. Mollie Fry and Dale Schafer for growing for patients of their medical clinic in El Dorado County. Another Eastern District defendant, Bryan Epis, is currently appealing a 10-year sentence for a Prop 215 garden that he had wanted to organize as a legal co-op. The Eastern District has also been aggressive in moving against medical cannabis dispensaries. In 2005, Scott circulated a memo to all DA's, sheriffs and police chiefs inviting them to hand over dispensary cases. Earlier this year, the DEA raided a major dispensary near Bakersfield, Nature's Medicinal, even though it had been licensed by the sheriff and was paying sales and payroll taxes. In another case, the feds moved to prosecute the proprietors of the California Healthcare Collective in Modesto even after they had paid some $1 million of sales taxes to the state. California NORML denounced the federal government for wasting resources on imprisoning and prosecuting medical marijuana defendants rather than changing federal law. So far, more than 100 Californians have been federally charged for medical marijuana offenses. "The Department of Justice has prosecuted more California cases for medical marijuana than for terrorism," says Cal NORML director Dale Gieringer. For more info contact Cal NORML: (415) 563-5858 - [email protected].
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