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ASA California Weekly Alert: July 6, 2007

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Weekly Round Up
1. Yolo County Implements ID Card Program; Back Sales Tax Relief Voted Down; Colorado Achieves Major Medical Cannabis Court Victory

ASA Legal Tip of the Month
2. Child Protective Services (CPS) & Medical Marijuana

ASA Chapter and Affiliate Meetings
3. Sunday, July 8, Birds Landing: Solano Patients' Group Meeting
4. Tuesday, July 10, Sacramento: Sacramento ASA Meeting ***Rescheduled***
5. Tuesday, July 10, San Francisco: San Francisco ASA Meeting
6. Wednesday, July 11, Willits: Mendocino ASA Meeting
7. Wednesday, July 11, Newport Beach: Orange County ASA Meeting ***Rescheduled***
8. Thursday, July 12, Lakeport: Lake County ASA Meeting ***Location Change***

City and County Hearings
9. Monday, July 9, Yucaipa: City Council to Vote on Extending Moratorium on Dispensaries
10. Thursday, July 12, San Francisco: Planning Commission to Hear Two Dispensary Building Permit Applications
11. Tuesday, July 17th, Santa Ana: Orange County Board of Supervisors to Vote on ID Card Program

Court Support
12. Monday, July 9, Placerville: Don Kearney State Trial Begins
13. Monday, July 9, Sacramento: Federal Pre-trial Hearing for Thunder Rector
14. Tuesday, July 10, Burbank: Return of Property Hearing for Peter Keyes
15. Thursday, July 12, San Francisco: *Motion to Dismiss Hearing for ASA's DQA Lawsuit*
16. Friday, July 13, Sacramento: Federal Pre-trial Hearing for Dr. Mollie Fry & Dale Schafer

Special Events
17. Saturday, July 9, Nevada City: Memorial for Dr. Tod Mikuriya
Weekly Round-Up

1. Yolo County Implements ID Card Program; Back Sales Tax Relief Voted Down; Colorado Achieves Major Medical Cannabis Court Victory

Yolo County Implements ID Card Program

This week, the Yolo County Health Department launched the state medical marijuana ID card program. The County Health Department will be holding medical cannabis ID card appointments on Wednesdays and is offering a reduced rate for Medi-Cal patients.

The Yolo County Board of Supervisors passed the state ID card program back in February. The motion passed with a tight margin of 3-2. According to the
California Aggie, the dissenting voters voiced concern about the inconsistencies with federal law.

Patients can sign up for an appointment to go over documents and applications Monday through Friday 8:00am-5:00pm. For information, applications and to make an appointment call Patty at 530.666.8638 or JoAnne at 530.666.8674 at the Yolo County Department of Health.


Back Sales Tax Relief Put on Hold

On Monday, July 2, the California Assembly Committee on Revenue and Taxation heard a bill that if passed will provide sales tax relief to some of the state’s oldest medical cannabis collectives. ASA staff person, Kris Hermes testified at the hearing along with other medical cannabis advocates .

As many of you may remember, the bill, SB 529, would allow collectives to begin paying sales tax by March, 2008 and would relieve them of back tax liability and penalties. This bill would encourage widespread compliance with the sales tax law and help keep the doors open at collectives facing back tax payment. To read more about SB 529 and ASA's efforts,
click here.

At the Committee hearing the Chair, Assemblyman Calderon, put the bill in temporary suspension until further notice. During the hearing, even when encouraged to speak up, no one from the public voiced opposition.

Even though the suspension has the potential to delay back tax relief for dispensaries, the Board of Equalization, Sen. Migden, the author of the bill, and ASA are working to pull the bill out of suspension and pass it out of committee. Medical cannabis activists throughout the state of California are also working hard to ensure passage of the bill.

ASA would like to thank all activists who called committee members last week to urge support for the bill. Stay tuned for opportunities to take action in the coming weeks. Thank you for your hard work and support!


C olorado Achieves Major Medical Cannabis Court Victory

This week the Colorado Campaign for Safe Access (CCSA), a project of ASA and Sensible Colorado, scored a major victory in the medical cannabis movement. CCSA's legal team convinced Senior Denver District Judge Larry Naves to overturn a harmful and arbitrary state policy that limited the number of patients a caregiver can provide marijuana to.

Judge Naves issued a preliminary injunction suspending the Colorado Health Department's five patient policy, which was adopted by the Health Department in a closed meeting in 2004. This policy limits the number of patients to which a caregiver can provide marijuana for medical purposes.

Judge Naves decision immediately suspended the policy statewide, stopping the state from limiting a patient's choice of caregiver. Specifically, the decision will allow plaintiff Damien LaGoy, a Colorado licensed medical marijuana patient, to appoint the medical marijuana provider of his choice. LaGoy, who uses medical marijuana to cope with nausea related to AIDS wasting-syndrome and Hepatitis C, had his caregiver request denied by the State Health Department in May 2007.

This historic victory has the potential to impact medical cannabis states. Congratulations to the Colorado Campaign for Safe Access and Coloradoan medical cannabis patients and caregivers. Please vist Sensible Colorado :: Medical Marijuana for more information on the CCSA.

To read more about this important victory,
click here.
ASA Legal Tip of the Month

2. Child Protective Services (CPS) & Medical Marijuana

Sadly, being a parent who is a law-abiding medical marijuana patient can be a scary thing. Across the state, CPS agencies enter the homes of qualified California medical marijuana patients, remove their children, and require the parents to take unnecessary drug therapy courses solely based on their status as medical marijuana patients.

ASA takes this issue very seriously, and is working on strategies to better protect medical cannabis patient-parents. In the meantime, here are some precautions that patients might take to demonstrate to CPS that their use of medical cannabis has not affected their ability to be good parents.
Keep all medical cannabis out of plain sight, ideally in clearly labeled medicinal jars and with other prescription medications, in a place that small children cannot access. If you choose to cultivate, secure the garden in a locked room or devise another way to deny access to children.
If you cook with medical cannabis, clearly label any resultant food products as medicinal, and keep them similarly far away from any children’s food.
Use discretion when medicating, and do not do so when children are present or in the view of persons who might be looking for a reason to report you to CPS.
If your children can understand, specifically explain to them that the marijuana is your medicine and that is not for them (much like any other prescription medications). Furthermore, let them know that it is a private matter, like any other medical information.
In a dual-parent household, work out a routine with your partner where one parent is always unmedicated in case any unexpected issues arise.
Never drive with your children in the car after medicating.
You have no reason to inform CPS that you are a medical cannabis patient, unless directly asked. Do not volunteer such information without cause.
For more legal tips, vist ASA*:*California Legal Tip of the Month

ASA Chapter and Affiliate Meetings

3. Sunday, July 8, Birds Landing: Solano Patient's Group Meeting

Please join Solano Patients' Group as we discuss upcoming medical cannabis issues in Solano County. Fight for safe access in Solano County! All medical cannabis supporters are welcome!

When: Sunday, July 8th @ 3:00 pm
Where: 2145 Collinsville Road in Birds Landing

For more info, call (707) 635-3752

4. Tuesday, July 10, Sacramento: Sacramento ASA Meeting ***Rescheduled***

Sacramento ASA has several events planned for the next month and wants you to be a part of them! This month Sac ASA will be working on the Sacramento ID card program. Sac ASA will be organizing events to promote medical cannabis awareness, such as participating in an elected official's town hall meeting. Please join Sac ASA in the fight for safe access!

When: July 10 @ 7:00pm
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento, CA

For more information or to get involved, please contact Lanette:
cannacare@earthlink.net

5. Tuesday, July 10, San Francisco: San Francisco ASA Meeting

San Francisco ID program, dispensaries being up for permit hearings, SF Planning Committee holding hearings for amendments to SF's dispensary ordinance, upcoming festivals and events. These are just a few of the many issues San Francisco ASA has been working on and we want you to be a part of it! Please come to SF ASA's next meeting.

The next ASA SF meeting will be held on Tuesday July 10th 7:30 to 9:00 at:

Bowzer's Pizza (Note the new location)
371 11th St
San Francisco , CA 94103

6. Wednesday, July 11, Willits: Mendocino ASA Meeting

Our next meeting of the Mendocino County ASA Chapter will be at Herban Legends, 18300 Old Coast Hwy, Fort Bragg, CA on July 11, Wednesday, at 6:00.

There has been a group working on the Willits dispensary ordinance. Please come to the meeting and let us know about the developments. New to the Mendocino chapter? Come and get involved in this important fight for safe access.

For more information, call Ukiah: 707-684-0107

7. Wednesday, July 11, Newport Beach: Orange County ASA Meeting ***Rescheduled***

The Orange County Board of Supervisors plan on discussing an OC ID card program on July 17th. We have rescheduled our July OC ASA meeting to plan and prepare for this hearing! Please join us in working to ensure safe access for patients! The more people we have attending this meeting and the hearing, the stronger our voice!

When: July 11th @ 7:00pm
Where: Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660

For more information, contact Bill:
OCLawyer@aol.com

8. Thursday, July 12, Lakeport: Lake County ASA Meeting ***Location Change***

Safe Access in Lake County has been under attack! Please come to our July Lakeport meeting to plan for upcoming medical cannabis events and activism. This meeting we will be discussing Lakeport City Council's response to the inquiry into litigation on the cultivation ban. Please join us!

When: Thursday, July 12, at 6:00pm
Where: Clover Hydrophonics, 2626 South Main St. in Lakeport
(behind the Fast Stop shoppett at Hopland Grade)

For more information, contact Donna:
LakeCoASA@msn.com

City and County Hearings

9. Monday, July 9, Yucaipa: City Council to Vote Extend Moratorium on Dispensaries

Yucaipa City Council will Vote on extending the current medical cannabis dispensary temporary ban for another 10 months and 15 days. Please speak out at the hearing and explain to the council how important safe access is to you!

When: July 9th @ 6:00pm
Where: City Council Chambers, City Hall
34272 Yucaipa Blvd, Yucaipa, CA

Download ASA talking points on dispensary regulations, moratoriums and bans.

10. Thursday, July 12, San Francisco: Planning Commission to Hear Two Dispensary Building Permit Applications

On Thursday, June 28th the San Francisco Planning Commission will be holding a hearing to discuss the issuance of medical cannabis dispensaries Grass Roots and Medical Cannabis Center building permit application. The commission's preliminary recommendation for Grass Roots dispensary is to not take Discretionary Review and approve the project as submitted. The commission's preliminary recommendation for the Medical Cannabis Center is to take Discretionary Review and disapprove the project.

The Planning Commission will also hear an amendment to the medical cannabis dispensary planning code to require the Director of Public Health to certify that applicanats for Medical Cannabis Dispensary permits have not been convicted of certain felony offenses.

We need you to come out an show your support for safe and legal access in San Francisco!

Thursday, July 12th at 1:00pm
San Francisco Planning Commission
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

11. Tuesday, July 17th, Santa Ana: Orange County Board of Supervisors to Vote on ID Card Program

On July 17th, the Orange County Board of Supervisors will be voting on an ID card program. On April 17th, in a 4-1 vote, the Orange County Board of Supervisors directed staff to draft a policy for local implementation of the medical marijuana ID card program.

Because of enormous grassroots pressure, an all-Republican Board of Supervisors voted to take this small step towards implementing our medical cannabis laws, even in the face of fierce opposition from law enforcement. Please come out and once more show your support for safe access to medical cannabis.

When: July 17th at 9:30am
Where: Board Hearing Room, First Floor,
333 W. Santa Ana Blvd., Santa Ana

For more information, contact Bill:
oclawyer@aol.com

If you live in Orange County, take action and
click here !

Court Support

12. Monday, July 9, Placerville: Don Kearney State Trial Begins

On July 13, 2005, El Dorado County Sheriffs raided a 48-plus patient collective cultivation site and arrested chronic pain and glaucoma patient and disabled U.S. veteran Don Kearney for allegedly cultivating and possessing with intent to sell 974 plants & 28.5g of medicine. The District Attorney has refused to dismiss the case and intends to try him. Additionally, the federal government is proceeding with asset forfeiture on Don’s house. Please come out to Don’s trial to show the jury that he is part of our community and we stand behind him.

In the past, Don Kearney's trial dates have changed at the last minute, so please be sure to call the courthouse the day before the trial date to confirm that it is on, (530) 621-6426 .

For a map to the courthouse:
Superior Court - Main Street Map .

When: July 9th @ 8:30am before Judge James Wagoner
Where: El Dorado County Superior Court, 2nd Floor, 495 Main Street, Placerville, CA

13. Monday, July 9, Fresno: Federal Pre-trial Hearing for Thunder Rector

Modesto patient and caregiver Thunder Rector was arrested on July 18, 2005, as a result of a raid by the Stanislaus County Sheriff earlier in July. Allegedly, the Sheriff confiscated 49 plants and 235 pounds of marijuana and handed it over to the feds. Rector is now being prosecuted on federal charges of conspiracy and manufacturing marijuana with intent to distribute. Rector and his wife had been providing medical marijuana to patients at the San Francisco Dispensary the Divinity Tree. Rector is released on bail pending trial.

When: July 9th starting at 1:30pm before Oliver W. Wanger in U.S. District Court
Where: 2500 Tulare Street, Fresno, CA

14. Tuesday, July 10, Burbank: Return of Property Hearing for Peter Keyes

On Tuesday, July 10, 2007, medicinal cannabis patient/advocate Peter Keyes will be arguing to get his medical marijuana back at 1:30pm, at the Burbank Courthouse, 300 East Olive Avenue, first floor, in Burbank, California.

Peter, a resident of Sacramento, California, had his medicine and pipe confiscated from him at Burbank's Bob Hope Airport on January 14, 2007, while attempting to return from the 2nd Statewide Conference of Americans for Safe Access to Medical Marijuana. Misdemeanor charges were filed, but were subsequently dismissed on March 7, 2007.

This motion has been continued 3 times, so far.

ASA's chief counsel, Joe Elford, has assisted is helping Peter prepare his motion for return of property illegally seized. ASA is the largest medicinal cannabis patient's rights organization in the United States. Peter will be arguing the case himself, with no attorney representing him.

15. Thursday, July 12, San Francisco: Motion to Dismiss Hearing for ASA's DQA Lawsuit

Please come show your support for ASA, as our Chief Counsel, Joseph Elford, and co-counsel Alan Morrison, will be arguing in favor of ASA's lawsuit against the federal government. Alan Morrison, will being doing oral arguments on behalf of ASA. Morrison is preeminent legal scholar who founded Public Citizen's Litigation Group and currently serves as a senior lecturer at Stanford Law School.

This important hearing will determine whether or not ASA's lawsuit against the FDA will move forward. If ASA wins this lawsuit, the FDA will be required to change its public statements about cannabis to reflect current scientific understanding and medical practice. To read more about ASA's DQA lawsuit,
click here.

When: Thursday, July 12th at 8:00 a.m.
Where: Federal Building, 450 Golden Gate, San Francisco, 94102 in Judge William Alsup's chambers.

For more information, contact Sonnet:
sonnet@safeaccessnow.org


16. Friday, July 13, Sacramento: Federal Pre-trial Hearing for Dr. Mollie Fry & Dale Schafer

El Dorado County Medical marijuana physician Mollie Fry and her husband, attorney Dale Schafer, were arrested as a result of a September 28, 2001 raid on their clinic in Cool, California, in which patient records were seized. After the Raich decision, on June 22, 2005, Fry and Schafer were indicted for marijuana found on the premises during the raid. Fry is also facing a separate action by the DEA to revoke her license to practice medicine.

When: July 13 at 2pm before Judge Frank C. Damrell, Jr.
Where: U.S. District Court 15th Floor at 501 "I" Street in Sacramento

Special Events

17. Saturday, July 9, Nevada City: Memorial for Dr. Tod Mikuriya

Dr. Tod Mikuriya was a great leader and pioneer in the medical cannabis movement. He died in his home in Berkely on Sunday, May 20th.

Dr. Tod had studied marijuana's therapeutic potential since the 1960s and briefly directed marijuana research at the National Institute of Mental Health. He left when he realized the government only "wanted bad things found out about marijuana," he told the online newsmagazine AlterNet in 2004.

In 1999, Dr. Tod founded the Society of Cannabis Clinicians to educate colleagues about the plant's medical uses. He wrote several books on cannabis and its medical properties.

Read Dr. Tod's obituary in the LA Times.

A memorial celebrating the life and work of Dr Tod Mikuriya
What: A memorial to celebrate the life and work of the good doctor
When: Saturday July 7th 10-am - Midnight
Where: Neveda City, Ca - at Pioneer Park
Why: Proceeds help fund the publication of Dr. Tod's marijuana papers

Featured Speakers and Music:

Sean Mikuriya
Ralston and Della Grant
Dr. Bannister
Wadi Gad
Fred Gardener
Soul medic and the Mash Unite
Medical Marijuana MaryJane
DJ CHristopher
Red Locks
Andrew Glazier
Black Weed

Want to Speak or have general questions?
Contact: Zuma or April 530 265-6788
Email:
pelicanpondstudios@hotmail.com

We know this is short notice but let's see what we can do as a community. Sean Mikuriya is putting this together in honor of his father and the proceeds will help fund publishing of the Marijuana Papers Dr. Tod was so close to finishing before his passing.
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Sonnet Seeborg Gabbard
Field Coordinator
Americans for Safe Access
AmericansForSafeAccess.org

Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Join us today... AmericansforSafeAccess.org

Headquarters
1322 Webster St Suite 402
Oakland, CA 94612
P: 510-251-1856 ext. 321 F: 510-251-2036
 
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