Medical Marijuana

FOR IMMEDIATE RELEASE    
JANUARY 21, 2009

San Bernardino Supervisors Broke Open-Meetings Law in Medical Marijuana Case, MPP Charges

CONTACT: Aaron Smith, MPP California policy director ................................. 707-575-9870

SAN BERNARDINO, CALIFORNIA -- San Bernardino County supervisors appear to have violated the Brown Act, California's open-meetings law, in deciding to take their lawsuit aimed at overturning part of the state's medical marijuana law to the U.S. Supreme Court, the Marijuana Policy Project charged today.

    San Bernardino and San Diego counties first challenged the state's ability to force them to issue identification cards to state-legal medical marijuana patients in the San Diego County Superior Court in December 2005. After losing in the trial court, both counties took their case to the 4th District Court of Appeals, which unanimously rejected the challenge on July 31, 2008.

    Turning down pleas from local patients and advocates, San Bernardino County supervisors voted to take the case to the California Supreme Court during their Aug. 26 closed session. In violation of the Brown Act, the board failed to notify the public of the decision during the open session that followed the vote. Advocates do not know when the decision to appeal to the U.S. Supreme Court was made, because the public was never notified as required by the Brown Act.

    "I have never seen such utter disdain for voters and the rule of law as has been demonstrated by San Bernardino County's supervisors on this issue," said Aaron Smith, California policy director for the Marijuana Policy Project. "The board is so embarrassed by their decision to waste public funds fighting a popular law that they are trying to hide it from the public, in clear violation of another well-established law."

    Outraged by this failure to follow the law, Fontana resident and medical marijuana patient Craig Johnson filed a written complaint with the Public Integrity Unit at the county district attorney's office. MPP director of state policies Karen O'Keefe and Smith co-signed the letter, which was sent via certified mail on Sept. 15.

    Four months have elapsed and the county has not only failed to respond to the letter but have also formally taken their challenge to the United States Supreme Court.     

    "These supervisors work for the people and must be held accountable for breaking the law," Smith said.

    With more than 26,000 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 http://MarijuanaPolicy.org.

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ASA Sues Calif. DMV for Discriminating Against Patients

Medical Marijuana Patient with Clean Driving Record Has License Revoked

The loss of a medical marijuana patient's drivers' license has resulted in a lawsuit against California's Department of Motor Vehicles (DMV). Americans for Safe Access filed the suit in Merced on behalf of Rose Johnson, a 53-year-old patient from Atwater, who had her license renewal denied in July solely because of her status as a medical marijuana patient. Despite a clean driving record and 37 years without an accident, Ms. Johnson was denied a license after DMV obtained her medical records, which revealed that her doctor had recommended cannabis as a treatment.

ASA Chief Counsel Joe Elford

According to the DMV, Ms. Johnson's license was revoked "because of...[an] addiction to, or habitual use of, [a] drug," which they claim renders her unable to safely operate a motor vehicle. DMV provided no evidence in support of the decision.

"The DMV cannot simply disregard California's medical marijuana law," said ASA Chief Counsel Joe Elford, who is representing Ms. Johnson. "When the voters of California enacted the Compassionate Use Act, they never intended to authorize the DMV to strip medical marijuana patients of their drivers' licenses. The DMV should not be in the business of revoking the licenses of drivers like Ms. Johnson simply because she is a medical marijuana patient."

ASA has received widespread reports of the California DMV suspending or revoking the licenses of medical marijuana patients in at least eight counties -- Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma. DMV has stripped medical marijuana patients of their drivers' licenses by classifying them as habitual "drug abusers," despite California's legal protections for patients.

In 2007, Ms. Johnson's home county of Merced instituted a policy that instructs Sheriff Deputies to respect state law and not cite medical marijuana patients or seize their medicine.

"The DMV is not under a different set of requirements than local police in California," said Elford. "The failure to uphold California's medical marijuana law is entirely inappropriate for any local or state agency."

The lawsuit, part of a campaign by ASA to fully implement California's medical marijuana laws, is expected to be heard in Merced Superior Court in the next few months.

For more on ASA's court filing, see ASA's website.

New Administration a Chance for Change on Medical Marijuana

President-elect Promised New Federal Policy on State Programs

Americans for Safe Access, along with medical marijuana patients across the country, is celebrating the historic election of President-elect Barack Obama. His election has provided a sense of relief for individuals who use or provide cannabis in accordance with their state laws. Like all of his Democratic primary rivals, President-elect Obama repeatedly pledged to end federal raids against the individuals and collectives authorized by state law to use or provide medical cannabis. ASA's government affairs team in Washington, DC is working hard to ensure the President-elect honors his campaign promise to end federal interference with state medical marijuana programs.

Campaign pledges have been broken before. George W. Bush campaigned saying medical marijuana should be left to the states to decide. Yet the Bush Administration has only increased federal interference with state medical marijuana programs. It has dramatically increased paramilitary-style raids against patient collectives in California that are operating in compliance with state law and local regulation. In just the past few years, the federal government has brought charges against more than 100 individuals authorized by their state law to use or provide medical cannabis.

But it is not just patients the Bush Administration has targeted. They have also been waging a campaign of intimidation against property owners. Scores of landlords throughout California have received letters from the Department of Justice, in conjunction with the Drug Enforcement Administration, that threaten asset forfeiture and federal prosecution if they continue to lease to medical cannabis collectives.

Caren Woodson, Director of Governmental Affairs

In his victory speech, President-elect Obama told us that "victory alone is not the change we seek; it is only the chance for us to make that change." The transition to a new Presidential administration and a new Congress offers unique opportunities for implementing a more compassionate approach to medical marijuana. ASA's Government Affairs Office is working on Capitol Hill to advance ASA's National Policy Agenda. ASA is calling for a comprehensive federal policy that provides safe access to cannabis for individuals fighting HIV/AIDS, cancer, Multiple Sclerosis, and other serious diseases.

ASA's Capitol staff will be working overtime, along with much of Washington, D.C., as the new Administration takes over. But they are counting on change coming from the grassroots, too.

"We're counting on our members to support our efforts and reinforce our work in their communities," said Caren Woodson, ASA's Director of Governmental Affairs, who is leading the effort. "The opportunity for real change is here."

To help guide policy decisions in the new Administration and Congress, ASA has assembled a set of comprehensive recommendations. You can see them on ASA's website.

ASA has made its recommendations to President-elect Obama; you can share your own on his website, www.change.gov.

ASA Chapter Profile: Maryland

ASA chapters and affiliates are making tremendous strides to educate the public and to improve medical cannabis laws across the country. Some of the most exciting growth of ASA chapters and leaders is taking place in Maryland, right outside our nation's Capitol. Under the direction of Tony Bowles (Montgomery Co.), Jay Hartman (Prince George's Co.), and Tom Adkins (Eastern Shore), Maryland now has three active ASA chapters organizing citizens to fix the state's flawed medical cannabis law.

ASA Maryland's festival booth

Although Maryland passed a medical cannabis law in 2003, the state still criminalizes individuals who use or obtain cannabis as recommended by a licensed physician. Every year, Maryland wastes precious law enforcement resources arresting and prosecuting scores of individuals who legitimately use medical cannabis to control symptoms of a serious or chronic illness.

The core leadership of Maryland's three chapters meets regularly in person and by phone to plan projects and coordinate activities. The three chapters work together on all projects, sharing in the effort, and giving each chapter action more impact.

Since 2007, ASA chapters in MD have hosted numerous meetings, provided trainings and teach-ins across the state, organized art parties, and created a public presence by attending street festivals in Bethesda, Wheaton, Fell's Point, and outside the M&T Bank Stadium during the Baltimore Ravens' home games - all to spread awareness about medical cannabis and recruit new members.

All three chapters are focused on building their membership base. They regularly send volunteers out to communities throughout the state to canvass and petition, meeting hundreds of medical cannabis patients and supporters who are ready for change.

The chapters worked with the Drug Policy Alliance to promote the Maryland Patients for Access campaign, designed to build grassroots support and identify potential leadership for upcoming reform efforts. In addition to public awareness sessions, the ASA chapters host spokesperson and media trainings, making Marylanders better informed about the challenges that patients face and helping patients navigate law enforcement encounters.

The chapters are educating both state and federal lawmakers by getting everyday citizens to stand up for medical cannabis. They are recruiting constituents for meetings with state legislators, providing them with information, prepping them for the meeting, and organizing carpools to get there.

The Maryland ASA chapters are successful examples of how activists can work together to start new chapters in their region, build strong lists by gathering contacts and letting the public know they exist, and coordinate campaigns with each other and ASA's national offices.

For more information on Maryland ASA, contact Tony Bowles [email protected] or Jay Hartman [email protected].

The U.S. Supreme Court refused to review a landmark decision yesterday in which California state courts found that its medical cannabis law is not preempted by federal law. The Supreme Court’s decision in Garden Grove v. Superior Court means that federal law does not prevent state and local governments from implementing medical cannabis laws adopted by voters or state legislatures. In short: federal law does not override state law on medical cannabis!

Yesterday’s decision follows three years of strategic legal work by Americans for Safe Access (ASA) in a California case involving the return of wrongfully confiscated medicine. ASA needs your help to keep doing important work like this. Please take a moment to make a special contribution to ASA today.

The Court’s decision has broad implications for medical cannabis patients in the 13 states where medical cannabis is legal, and signals a sea change in the impasse between state and federal laws. Better adherence to state medical cannabis laws by local police will result in fewer needless arrests and other problems for patients, allowing for better implementation of medical cannabis laws in all states that have adopted them.

Medical cannabis advocates should be encouraged by opportunities for change in federal policy with a new Presidential Administration and shift in Congress. But until now, federal pre-emption has haunted patients whose state laws allow for medical cannabis use. This decision further clears the way for state implementation and adds new urgency to ASA’s work in the nation’s capitol, where we have been working full-time to change federal policy since 2006.

ASA is working in the courts and in the halls of Congress to protect and expand patients’ rights – and we are making a difference. We have won important victories in court, made significant inroads in Congress, and helped reframe the national debate about medical cannabis. But we need your help to carry on. Please make a contribution to support ASA today.

Thank you,

P.S. Read more about the Supreme Court decision at www.AmericansForSafeAccess.org/USSCKha.