ASA California Weekly Alert: 1/30/2009

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Weekly Round Up
1. Thanks to Activist Opposition, LA Planning Committee Puts Off Dispensary VoteThis week, the Los Angeles City Council's Planning Committee delayed a decision on a new medical cannabis ordinance that would have regulated dispensing collectives operating in city limits. The draft ordinance would have created a number of new restrictions, including requiring each member of a dispensing collective to provide their personal information to the LA City Clerk's office. It would have regulated security systems, and required dispensing collectives to store cannabis in a locked vault or safe, and would also have prohibited the sale of edible cannabis products.

Concern expressed by advocates, patients, and Councilman Dennis Zine, who said that the new regulations would end up shutting down many of the city's currently operating dispensing collectives.

Major criticisms were voiced with the regulation process, as the proposed ordinance was not disclosed to the community until just hours before the meeting. In addition, the city attorney's office did not included a single one of the suggestions put forward by the patients and activists who participated in a working group for more than a year. It was these considerations that contributed to the council's decision to delay action on the regulations. Pay close attention to this issue if you live in the LA area, as it has critical implications for the future of LA dispensaries.

For more information, visit ASA's site to read the
AG Guidelines, as well as ASA's report on what they mean for dispensing collectives.

2. San Francisco Supervisors to Consider New Regulations

The San Francisco Board of Supervisors passed a proposal brought forth by SF Mayor Gavin Newsom that enacted regulations requiring operators of medical cannabis dispensing collectives to hand over financial records, to keep detailed information of members, and tighten the requirements for operating as nonprofit or not-for-profit establishments.

Newsom's proposal to tighten dispensary restrictions comes on the back of guidelines released by California Attorney General Jerry Brown, intended to inform law enforcement and the suggested best practices of the dispensing collectives.

Although Newsom claimed his proposal seeks to protect clinics from DEA raids, federal authorities have shown little rhyme or reason in their selection of dispensaries. ASA finds increasing evidence that local law enforcement often plays a leading role in calling in federal agents to raid collectives who are compliant, in an attempt to circumvent local laws.

The ordinance requiring dispensing collectives to keep membership records came on the heels of an abandoned proposal that would have had medical cannabis clinics keep a list of names and address of patient members. The keeping of personal information ignited outrage among advocates. Newsom's proposal offers specific requirements in dispensing collectives which operate "not for profit" and, when requested by city health officials, provide financial records.

Nine medical dispensaries have received city permits to operate and 14 others are going through the permitting process, according to the Department of Public Health.

3. Fort Bragg Enacts New Cultivation Limits

The Fort Bragg City Council voted unanimously this week on an ordinance to restrict medical cannabis cultivation.

The ordinance, which has been in the works since July of last year, prohibits outdoor growing, making medical grade cannabis growth cost prohibitive to those low income patients who cannot afford expensive indoor lighting and growing systems. It also limits indoor grows to 50 square feet or 250 cubic feet per residential unit, though permits costing about $600 would be required to increase that amount to 100 square feet or a maximum of 500 cubic feet. The ordinance also requires a special permit for cultivation in multi-family units, and prohibits growing medical cannabis for money and cultivating near schools or parks. In addition, cultivation will be allowed only in certain zones; particularly suburban residential, low density residential and medium density residential zoning districts. A permit would be required to grow in city and high-density districts. Noncompliance with the ordinance could result in a maximum fine of $1,000 and up to six months in jail.

Fort Bragg does not recognize collectives and cooperatives as a legal entities, which is one reason that advocates have expressed concern that the regulations are in violation of California's
Compassionate Use Act.

At the end of the hearing, council members included language that stating the city does not intend to conflict with the federal controlled substances act or the Compassionate Use Act, though it may certainly do the latter.

Chapter and Affiliate Meetings

4. Tuesday, February 3rd - Sacramento: Sacramento ASA Meeting
Medical cannabis in the state's capitol is exciting and rewarding. Find out how to lobby legislators and how the local ASA affiliate is helping to pressure and impact state law. Sacramento ASA played an instrumental role in the efforts to support AB 2279, and all are encouraged to attend!

When: Tuesday, February 3rd @ 7pm
Where: Crusaders Hall
320 Harris Avenue, Suite H in Sacramento

For more info, email Lanette:
cannacare@earthlink.net

5. Wednesday, February 4 - Riverside: ASA Affiliate Riverside MAPP Patient Support Group

WHEN: Wednesday, Feb. 4 at 7:30 p.m. – Riverside area MAPP Patient Support Group and Law Reform meeting

WHERE: THCF Medical Clinic, 647 Main St. in Riverside 92501.

This is where the action is that protects patients rights and works to end the madness of marijuana law prohibition – this is the group that makes collectives and all things marijuana possible – so come get involved. Contact Lanny: lannyswerdlow@earthlink.net

6. Thursday, February 5th - Santa Rosa: Sonoma Co. ASA Meeting

Please join Sonoma County ASA as they discuss pressing local, state, and federal safe access issues, including recent court developments, state and federal legislative progress, and research on medical cannabis!

When: Thursday, February 5th @ 5pm
Where: Department of Health- South City View Rm.
625 5th St. (between Mendocino and Humboldt) in Santa Rosa
For more info, contact:
Sarah@AmericansForSafeAccess.org

**On ASA's Monthly Calendars, we mistakenly listed the meeting as February 6th. We apologize for the confusion.

7. Monday, February 9th - Fresno: Fresno ASA
When: Monday, February 9th 6-7:30pm
Where: 620 F Street - Full Circle Brewing Company
Fresno, CA

Fresno ASA is coming off of their success in getting Fresno County Supervisors to vote to implement the medical cannabis state ID cards. Now they've got their sights set on implementation of the AG guidelines with regard to allowing nonprofit collectives and cooperatives. Come be a part of this exciting and growing movement in Central California. Contact Diana -
fresnocagal@sbcglobal.net
8. Tuesday, February 10th - San Diego: SD ASA Meeting
At the San Diego ASA meeting, join dozens of community members in standing up for your rights.
The San Diego County Board of Supervisors continues its wasteful attempt to violate state law and refuse to implement the state mandated ID card program that would allow patients to be easily identified by law enforcement.

When: Tuesday, February 10th @ 7pm
Where: International Cannabis University
6070 Mt. Alifan Suite 202
San Diego, CA 92111, Claremont
For more info, contact Dion,
4cccp@cox.net
9. Tuesday, February 10th - San Francisco: SF ASA Meeting
When: Tuesday January 27th starting at 7:30 pm
Where: Bowzers Pizza: 371 11th Street (between Folsom & Harrison) in San Francisco.

There's a lot happening this year and we want you to be a part of it. Please come enjoy dinner, updates from ASA, and get involved in your medical cannabis community. Feel free to bring a friend or family member. We look forward to seeing you there.

For more information, contact: David at
dcgoldman@yahoo.com or
Sarah@SafeAccessNow.org
10. Wednesday, February 11th - San Rafael: Marin ASA Meeting
When: 7pm
Where: the Law Office of Scott Candell
4040 Civic Center Dr. San Rafael 94903

Come be active in the North Bay! Much work to be done and lots of potential to do it! Contact Scott -
candell@sflegalhelp.com
11. Thursday, February 12th - Arcata: Humboldt County ASA Meeting
WHEN: Thursday, February 12th @ 6pm
WHERE: The community recreation room of the Bayview Courtyard Senior Housing Complex
550 Union Street, Arcata.
Helping support and protect patient rights, Humboldt ASA has been a critical force in lobbying for dispensaries, plant limits, and other access concerns. For more info, contact:
asa-humboldt@sbcglobal.net
City and County Hearings
12. Tuesday, February 3rd - Malibu: City Meeting to Request Dispensary Permit

The Malibu Planning Commission will hear a request to permit the operation of a medical cannabis dispensary at 22605 Pacific Coast Highway, near Pacific Coast Greens. Planning Commission staff recommends approving the permit. Residents in the area should attend the meeting to voice opinions and concerns.

WHEN: Tuesday, Feb. 3rd at 6:30 p.m.
WHERE: City Hall Council Chambers
23815 Stuart Ranch Rd.
Court Support
13. Monday, February 23, 2009 - Los Angeles: Charles C. Lynch Sentencing

WHEN: Monday, February 23, 2009 at 8:30am
WHERE: U.S. District Courthouse, Courtroom 10
312 NORTH Spring street (at Temple St)
In downtown LA

San Luis Obispo County dispensing collective operator Charles C. Lynch was raided by the DEA and the San Luis Obispo County Sheriffs on March 29, 2007 at Central Coast Compassionate Caregivers (CCCC) in Morro Bay, CA. Lynch's dispensing collective stringently followed state, county and city medical cannabis regulations since it opened in April 2006.

The City of Morro Bay was supportive, issued a business license for a "'Medical Marijuana Dispensary" and a Cannabis Nursery Permit after a lengthy conditional use permit process. CCCC operated for nearly a year without incident until the the San Luis Obispo County Sheriff called the DEA to raid the dispensary on March 29, 2007, leaving behind a note for Lynch which read "All Hippies Die". Lynch was not arrested at the time and reopened with the blessing of his landlord and Morro Bay city officials. However, DEA then threatened to seize the property and prosecute Lynch's landlord if he refused to evict CCCC from his building. CCCC closed its doors on May 16, 2007.

On July 17, 2007, the DEA and local sheriffs arrested Lynch in his home and locked him up for 4 days in federal detention before his family poseted $400,000 bail. Lynch was indicted for conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing (cultivating) more than 100 plants, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21. Additionally, criminal forfeiture proceedings have begun on all of Lynch’s assets.

On August 5, 2008, after an emotional trial in which the defense was not allowed to give any evidence whatsoever about medical cannabis, Lynch's business license, or California state law, Lynch was convicted on all counts. Drew Carey’s account of Lynch’s struggle with the federal government on Reason.tv helped the case to recieve national media attention.

For more information and to give money, assistance, and support, visit Friends of Charles C. Lynch - Home or write to Judge Wu directly to plead for Charlie's freedom. Letters of support helped Tainted operator Mickey Martin receive a relatively light sentence, so we need to show the same support for Charles Lynch.
Special Events
14. Medical Marijuana Week is upcoming on February 16th - 23rd. Keep your eyes peeled for more information to come!
ASA's Medical Marijuana Week is coming up! This week-long series of actions and events has been an ASA February landmark for over 5 years running. Meant to promote awareness and educate about medical cannabis, the focus is, for one week, to get everyone involved in taking part in celebrating the fight and activism that has brought medical cannabis laws to where it is today, with 72 million people living 13 states with laws that protect them - and to where it will go in the future: nothing short of federal protections for the patients who use cannabis.

Stay tuned for events to come!
15. Monday, February 23, 2009 - Los Angeles: Charles C. Lynch Protest
Join this day of protest for a man who defines the hypocrisy and injustice of the federal government on medical cannabis. The man who prosecuted Lynch (who acted the worst through the trial) accused the defense of planning to bring a "circus" to sentencing. So, we're hoping to give him just that.

The peaceful rally will be held on the opposite side of the building on MAIN STREET not Spring street. This case made national news and we're hoping to bring attention to President Obama of the events which led to Charles Lynch's arrest, prosecution, and sentencing.

WHEN: Monday, February 23, 2009 at 8:30am
WHERE: U.S. District Courthouse, Courtroom 10
312 NORTH Spring street (at Temple St)
In downtown LA
 
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