Medical Marijuana
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
ASA Victory: The End of Medical Cannabis Seizures in California
[Courtesy of Americans for Safe Access]Â
Court rules that police must enforce state, not federal law
Yesterday, a California Appeals Court ruled that âit is not the job of the local police to enforce the federal drug laws.â Ending years of dispute, the court ruled in favor of Felix Kha, a medical marijuana patient seeking the return of his medical marijuana that was seized by police. âIt should now be abundantly clear to law enforcement across the state that it is not acceptable to seize the medicine of seriously ill patients,â said Joe Elford, who represented Kha as Chief Counsel with Americans for Safe Access (ASA).
Yesterdayâs victory marks the culmination of two years of litigation led by ASA. This important decision would not have been possible without the generous contributions of ASA supporters.
To help ASA continue the fight for patientsâ rights, donate today!
"The ruling can help someone else that is in really bad need of access to their medicine." Felix Kha said after hearing of the victory. Felix is not alone: Americans for Safe Access (ASA) has compiled reports from nearly eight hundred patient encounters with local or state police during a period of more than two years. These reports show a glaring trend: more than 90% of all encounters result in medicine seizure by police regardless of any probable cause. According to reports received by ASA, rampant seizure of medical marijuana from qualified patients and primary caregivers has taken place in 53 of California's 58 counties.
As of yesterday, California law enforcement will be âfulfilling their more traditional duty to administer the laws of this state,â according to the courtâs ruling. This precedent-setting victory was achieved through years of meticulous planning by ASAâs Legal Affairs Department, none of which would have been possible without our members and supporters, whose donations fund the $200,000 annual budget of our Legal Affairs Department.
With your help we can fund several other important legal challenges to achieve the lasting victory we seek: Truly safe and legal access to medical cannabis for every patient who needs it. Thank you for your continuing generous support!
Warmly,
Steph ShererExecutive Director
Americans for Safe Access
P.S.: To learn more, please refer to Felix Kha's return of property case and the Decision by the California Fourth Appellate District Court.
Press Release: Appellate Court Strongly Vindicates Patients Right to Medical Marijuana Seized by Police
The DEA is waging war on California
[Courtesy of MPP]Â
The DEA is continuing to terrorize medical marijuana patients and their caregivers. On November 20, DEA agents raided the Long Beach Compassionate Cooperative (L.B.C.C.), a medical marijuana dispensary in Los Angeles County. In addition to seizing assets, federal agents arrested the owner and warned that other area dispensaries could face the same fate. Read the news coverage here.
In recent months, MPP has raised $150,000 of the $180,000 thatâs needed to launch our new project in California to fend off these raids. Please donate now to help close the $30,000 gap.
Since the beginning of the year, the DEA has executed dozens of raids in California, including:
⢠January 11: 11 dispensaries in West Hollywood
⢠March 29: Central Coast Compassionate Caregivers in Morro Bay
⢠May 1 and July 16: Nature's Medicinal Cooperative in Bakersfield
⢠June 13: Farm Assist Caregivers in Pomona
⢠July 17: Healing Nations Collective in Inland Valley
⢠July 25: 10 dispensaries in Los Angeles County
⢠August 29: 3 dispensaries in San Mateo
⢠October 11: Arts District Healing Center in Los Angeles
⢠October 30: Compassionate Caregivers of Alameda County
⢠November 1: C-3 Collective in Garden Grove
⢠November 2: 105/405 in North Hills
The DEA has also instituted a chilling new form of interference in Californiaâs medical marijuana law: In July, the DEA began threatening landlords who lease space to medical marijuana dispensaries with prison time and forfeiture of their property â a move that was condemned in a Los Angeles Times editorial as a âdeplorable new bullying tactic.â The L.B.C.C.âs landlord was a recipient of one of these letters.
Please fight for the will of California voters and for safe access to medical marijuana by donating to MPPâs California plan today.
In the coming year, MPP will be working with a coalition of reform organizations, dispensary owners, health care professionals, patients, activists, and state legislators to protect patients and dispensaries operating legally under state law, but we need your help. Would you please help fund a lobbyist in Sacramento to represent the medical marijuana community against the DEAâs reign of terror?
The situation in California is critical, and what happens in California matters to all of us: Just as California launched the modern era of the medical marijuana movement with the passage of Prop. 215 in November 1996, so, too, will it pave the way for state-recognized dispensaries with the legislation we will help pass next year. And, with your help, MPP and our allies will end state and local cooperation with federal law enforcement â which regularly utilizes local police for assistance during the DEAâs raids. Please join us in making sure that California resources will no longer be used to subvert the stateâs own laws. This is important not only to Californians but to residents of every state seeking to enact compassionate medical marijuana laws.
Weâre going to make medical marijuana access safe for seriously ill patients. Can I count on your help by making a donation to our California efforts today?
Thank you for your generosity during this critical time.
Sincerely,
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.
P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $3.0 million that MPP can raise from the rest of the planet in 2007. This means that your donation today will be doubled.
Press Release: New Study Finds Marijuana Compound Inhibits Breast Cancer Growth
Sensible Colorado Press Release: Historic Lawsuit Overturns State's Medical Marijuana Policy
ASAâs Media Summary for the Week Ending 11/16/07
- DOCTORS: Leading Psychiatristsâ Group Endorses Medical Marijuana
- WISCONSIN: Lawmakers Hold Hearings on Medical Marijuana
- TENNESSEE: Prosecuted Patient Educates Lawmakers on Medical Marijuana
- ILLINOIS: Documentary Details Medical Marijuana Benefits, Patient Hardships
- CALIFORNIA: Implementation Around the State
- OREGON: Expansion of State Law Proposed
- RESEARCH: Cannabis Extract Works when Other Painkillers Donât
- ASA BLOG: Comments from ASA Staff and Guests
DOCTORS: Leading Psychiatristsâ Group Endorses Medical Marijuana
The preeminent association of psychiatrists has come out in favor of legal access to medical marijuana. The significance of yet another organization of health professionals endorsing medical use is heightened by a recent report that alleged a link between cannabis use and schizophrenia. Experts have noted that the science behind the study is shaky, and if there were any correlation, the rate of schizophrenia would have increased dramatically with the increased prevalence of cannabis use, which it has not.
Psychiatrists for Medical Marijuana
by Jacob Sullum, Reason Magazine
The Assembly of the American Psychiatric Association, a legislative body composed of representatives from APA districts throughout the country, has unanimously approved an action paper that urges the federal government to stop interfering with the medical use of marijuana in states where it's legal.
WISCONSIN: Lawmakers Hold Hearings on Medical Marijuana
One of the leading physicians specializing in cannabis therapeutics, Dr. David Bearman, who serves on ASA's Board of Directors, testified before a committee of Wisconsin lawmakers this week. The state legislature is again considering enacting a measure that would remove criminal penalties for patients who use marijuana on the advice of their doctors. Dr. Bearman, a Wisconsin native, also gave an educational talk on âCannabis and Cannabinoids in the 21st Centuryâ to the University of Wisconsin Medical School.
Experts explain health benefits of marijuana
by Jackie Johnson, Wisconsin Radio Network
Dr. David Bearman is one of thousands of medical doctors who supports legalizing pot for patients. Dr. Bearman testified at an informational Health Committee hearing at the state capitol in support of the controversial drug.
Senate hearing on medical marijuana turns emotional
by Ken Harris, Badger Herald (WI)
A state Senate committee heard heated testimony Wednesday morning at the Capitol both for and against medicinal marijuana.
TENNESSEE: Prosecuted Patient Educates Lawmakers on Medical Marijuana
Lawmakers in the Volunteer State also held hearings this week on medical marijuana. Among those testifying career public health officer Bernie Ellis, who is also a medical marijuana patient. Ellis was convicted in federal court after local law enforcement declined to press charges over the cannabis he grew for himself and a few terminally ill neighbors. His battle to save his family farm from federal seizure has been the subject of recent media attention. Ellis is one of the patients featured in ASAâs "Patients in the Crossfire;" download it at www.AmericansForSafeAccess.org/crossfire.
Medical Marijuana Lights Up Debate Again
by Tom Randles, WSMV TV (Nashville)
On Tuesday, Health and Human Resources Committee members got an ear full from those pitching pot as a way to heal and others who would like to see House Bill 486 go up in smoke. "It is both an effective therapeutic agent (and) extremely useful with many fewer side effects,â said Bernie Ellis of Americans for Safe Access.
Medical Marijuana Proposal Debated in TN Legislative Committee
by Kristin M. Hall, Associated Press
November 13th, 2007
Tennessee lawmakers heard testimony Tuesday on legalizing the medicinal use of marijuana, although the idea has failed in the General Assembly before and its future is uncertain.
Medical Marijuana Debates Goes Before State Committee
WKRN TV (Nashville)
November 13th, 2007
Whether medical marijuana is beneficial for chronically ill patients and should be allowed in Tennessee was focus of a study Tuesday at Legislative Plaza.
Fowler Witnesses Testify Against Marijuana For Medicinal Purposes
The Chattanoogan
November 13th, 2007
Members of the House Health and Human Services Committee of the Tennessee House of Representatives on Tuesday heard testimony opposed to the legalization of marijuana for âmedicinalâ purposes from Dr. David Murray, chief scientist for the Office of National Drug Control Policy, Executive Office of the President, and Dr. Kent Shih, an oncologist currently practicing in the Nashville area.
ASA's Medical Marijuana in the News: Week Ending 11/9/07
- ASA ACTION: Defending Patientsâ Right to Work
- NETHERLANDS: Health Minister Defends Medical Marijuana
- OREGON: Grand Jury OK with Medical Hash-Making
- CALIFORNIA: Not All State and Local Officials Adhere to Law
- CALIFORNIA: Northern Town Debates Growing Rules
- ID CARDS: Voluntary State Program Expands to Glenn Co.
- CELEBRITY: Drew Carey Medical Marijuana Video Gets Attention
- DOCUMENTARY: Getting the Patient Perspective Out
- DISPENSARIES: Threatening Letter Leads to Closing
- TENNESSEE: Patient Loses Child on Paraphernalia Charge
- ASA BLOG: Comments from ASA Staff and Guests
ASA ACTION: Defending Patientsâ Right to Work
The California Supreme Court heard oral arguments this week from ASA Chief Counsel Joe Elford on behalf of patientsâ right to use medical marijuana without fear of termination. ASA contends that the voters intended for a patient using medical marijuana should be accorded the same workplace protections as those using other prescription drugs. This case is being closely watched, as it will affect how the stateâs employers handle employee drug testing. For a video of the hearing, see www.calchannel.com/MEDIA/1106D.asx
Calif high court considers whether medical pot users can be fired
by Paul Elias, Associated Press
When his new boss at Ragingwire Inc. ordered Gary Ross to take a drug test, the recently hired computer tech had no doubt the results would come back positive for marijuana. But along with his urine sample, Ross submitted a doctor's recommendation that he smoke pot to alleviate back painâa document he figured would save him from being fired.
Calif. Supreme Court May Need Tiebreaker for Pot Dispute
by Mike McKee, The Recorder (CA)
Pity Justice Carol Corrigan. Not only was she sick with the flu on Tuesday, but she might turn out to be the deciding vote in a major case that could determine whether employers have the right to fire employees who use marijuana as medicine.
Local Man's Firing for Medical Pot Goes to State's High Court
by George Warren, KXTV News 10
California's medical marijuana law is facing a critical test Tuesday morning. The state Supreme Court will decide if an employee can be fired for off-duty marijuana use.
The Clash Between Federal Drug Law and California's "Medical Marijuana" Law
by Vikram David Amar, FindLaw
Two news items during the past couple of weeks in California highlight the complicated legal and political tangle that is American federalism - the relationship between federal and state governments -- today. Both incidents involve the interplay between, on one hand, California's (now decade-old) decision to decriminalize marijuana use for medicinal purposes, and, on the other hand, the continuing illegality under federal law of all marijuana cultivation, possession, distribution and use, for any purpose.
NETHERLANDS: Health Minister Defends Medical Marijuana
Cannabis is available by prescription from Dutch pharmacies, but the Health Ministry would like to see more progress on research into targeted cannabis derivatives. A five-year extension to the government-funded program will ensure patient needs are met while drug development process goes forward.
More research into medical marijuana
DutchNews.nl
Research into the medicinal effects of cannabis should be continued for a further five years, health minister Ab Klink said on Wednesday. The extension means there is a serious chance a medicine with cannabis as a raw material can be developed, a ministry spokesman said.
Dutch health minister extends medical marijuana program for five years
Associated Press
The Dutch Health Ministry announced plans Wednesday to extend its experimental medical marijuana program for five years, despite setbacks. Under the program, launched in 2003, standardized marijuana is grown by government-licensed growers under controlled conditions and sold by prescription in pharmacies.
Dutch want cannabis registered as regular medicine
by Emma Thomasson, Reuters UK
The Dutch government said on Wednesday it wants to promote the development of cannabis-based medicine and will extend the drug's availability in pharmacies by five years to allow more scientific research.
ASAâs Media Summary for the Week Ending 11/2/07
- ASA IN THE NEWS: Drew Carey Video Features ASA Executive Director
- FEDERAL: Hayward DEA Raid Leads to Arrests
- DOCTORS: Cannabis Specialists Provide Insights
- MONTANA: Suicide of Patient-Activist Draws Recriminations
- OREGON: Patientâs Case to Test Lawâs Limits
- DISPENSARIES: Land Use Planning the Question for California
- ASA BLOG: Comments from ASA Staff and Guests
ASA IN THE NEWS: Drew Carey Video Features ASA Executive Director
In addition to speaking with a Los Angeles police officer and a Vietnam veteran who uses medical cannabis, comedian, actor and now game-show-host Drew Carey interviews ASA Executive Director Steph Sherer, who tells Carey how federal raids on medical cannabis collectives in the San Francisco Bay Area led to the founding of Americans for Safe Access. To view this episode of the Drew Carey Project, please visit www.AmericansForSafeAccess.org/DrewCarey.
Drew Carey defends medical marijuana in new online video
by Sandy Cohen, Associated Press
Bob Barker famously closed each episode of "The Price Is Right" with a pitch to spay and neuter pets. His successor is taking a stand on a more controversial subject: marijuana. Drew Carey won't tout toking up on "Price," but he defends the use of medical marijuana in a video posted online Thursday on Reason.tv.
Drew Carey Defends Medical Marijuana
eMax Health
"I think it's clear by now that the federal government needs to reclassify marijuana. People who need it should be able to get it -- safely and easily," says The Price Is Right and Power of 10 host Drew Carey in a new Reason.tv video examining medical marijuana and the war on drugs.
FEDERAL: Hayward DEA Raid Leads to Arrests
DEA spokespeople have made much of the revenues they claim a Hayward medical cannabis collective enjoyed. They fail to note that the reason for an increase in revenue has been the systematic closing of the other dispensaries in the area, forcing the countyâs many patients to one location. The increased revenue reflects an increased volume of patients more than profiteering. ASA's rapid response program again meant that the media was alerted immediately, helping ensure full coverage, and patients and activists were notified by text messages and emails so they could protest at the main dispensary location.
Feds raid seven East Bay medical pot sites
Bay Area News Group
Federal officials raided seven locations in the East Bay this morning that were connected to a medical marijuana dispensary in Hayward, officials said.
Medical-pot brothers held on drug charges
by Henry K. Lee, San Francisco Chronicle
Two East Bay brothers were arrested Tuesday after being indicted by a federal grand jury on charges that they ran a large-scale drug operation from a Hayward medical marijuana club from which proceeds were delivered to a bank by armored car, authorities said.
Two brothers arrested, accused of drug dealing
by Jason Sweeney, Paul Thissen and Scott Marshall, Mercury News (San Jose)
Federal agents arrested two brothers early Tuesday and seized a Lafayette house after they were indicted on charges that they ran a multimillion-dollar drug operation out of a Hayward-area medical-marijuana collective.
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