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‘Was that a question?’
Local resident Brenda Carr arranged an informative meeting regarding medical marijuana dispensaries for the citizens San Lorenzo. Featured were 5 reputable experts, starting with Dr. Amanda E. Reiman, a social welfare lecturer from UC Berkeley, Becky DeKeuster the community liason for Berkeley Patients group , Rebbecca Saltzman from Americans for Safe Access, James Anthony a lawyer from Harborside Management Associates and Matt Kumin, a civil rights attorney.
The first hour was devoted to Amanda Reiman and the research she’s done in the field of patient surveys from BPG. We learned that she has surveyed about 350 patients from BPG, and found their average age is 39, 70% are working and 30% of the surveyed came in for other BPG holistic services, and not medical cannabis. It’s clear she has in depth research on dispensary services and the effect and value of dispensaries in the neighborhood. She explained a pharmacy model for dispensaries and a social model. She brought up open channels of communication.
Beck DeKeuster explained the dispensary model in use at BPG and the role of community. Ten years at one location on San Pablo, that’s a high traffic street. They border a residential home and a service company. At one time BPG had a pre-school across the street. She spoke on neighborhood relations and seemed more than qualified.
James Anthony had a 7 minute video on the harborside dispensary model. Harborside has the community social model wrapped around a pharmacy set up.
Rebbecca from ASA was a crowd favorite. She went into safe access and what it really takes to challenge the issues on the federal level. She seemed to attract the least amount of snickers from the Alameda County Under Sheriffs sitting nearby. The old folks in the crowd liked her too.
Matt Kumen seemed fairly sensible. He set up his first collective at age 20. He’s wiser now. He knows a collective isn’t a single owner managing the profits from a storefront business. This guy gave me hope. I think this guy gets it for patients and communities. He mentioned a collective that was opening a credit union, I think this is a great thing for the times we live in.
Not a word was mentioned about patient’s rights to collectively grow until a question from the crowd after the presentation. Nothing was mentioned in these models about a democratically elected committee overseeing the funds generated in a collective fashion. This bothered me as a patient and why I believe the presented models could be flawed. They do not follow the rules of a collective as described in the attorney general guidelines released last year. They might work just as well though.
Neighborhood members speaking were basically caring home owners and some association spokesmen. Bob Swanson was on hand to address some of the concerns privately after the panel addressed the community at large. The forum panel asked residents to bring tough questions.
One sweet lady expressed concerns over a grow house that caught fire on her block. They were stealing electricity and a perfect example of what not to do. The older lady had educated herself, she knew about guidelines and the war on drugs and moratoriums. She was well rehearsed and ended her time with the panel with ‘ and you know, they had a 2 year in that house… disgusting.’
Less dramatic was a homeowners spokes person who said they were trying to attract big business into the area and ‘who would want to move in next to a pot club’, he sure wouldn’t. He mentions the empty Mervin’s building, and laments no one to fill it. What I thought is he’s trying to get new business to move into the area, in this economy it’s called trying, and not getting. Beggars can’t be choosers and medical cannabis could be a tax paying law abiding revenue cash cow if it was properly regulated. I’m just saying. The panel pointed out that while some dispensaries in San Francisco may have neon green pot leafs in their window, it’s not required. It’s very true the appearance of the place could be as non-descript as required or desired.
Why are we catering to 190 patients in this area was the question of one woman. She seemed to have a definitive number of patients from the area that begs the question how did she come up with that?. But she brought up a moot point. We have precious little data on medical patients due to HIPA rights. The panel offered to explore voluntary surveys of patients in the area and it’s feasible that patients will comply.
The panel had no reply for the lady with questions covering fresh vegetables and prostitutes.
Finally a patient stands up and asks why we can’t get space to grow collectively? The panel somewhat dropped the ball in a rare instance for the forum on this one. I thought they would bring up the Eddy Lepp model where you could pick a clone, put down some money and grow it or have Eddy grow it for you. Run it indoors in industrial buildings and tax per light. Members elect officers. Simple.
A fellow was concerned the Harborside video looked great, but was like a rug, and if you looked under the rug it was pretty dirty. The man seemed to fly off into rage when he found out there were dispensaries operating in unincorporated areas. His point was ‘marijuana is marijuana’ and probably should not be tolerated. The Berkeley model shouldn’t be applied here, after all, that’s Berkeley. The panel didn’t cover this one much. It was obvious people had strong feelings as these types of forums often point out.
San Lorenzo residents are likely to shop in Hayward, San Leandro, Oakland, Castro Valley and unincorporated areas of Alameda County. It’s a mix of single family, multi family, commercial and industrial areas. Yards for the most part are kept well throughout the area. It’s almost an entirely middle class. Vacancies are high and rents are dropping for the most part. The state budget is in crisis mode and it’s time to generate some tax revenue via any safe and regulated method possible. We found common ground tonight and will meet again July 22.
One reader comments (text after end of news article) to ask how many potholes can you fill for one hour's worth of helicopter rental?
Is this appropriate use of tax dollars?
from: http://lakeconews.com/content/view/9315/764/
Marijuana surveillance helicopter suffers engine failure, damaged in forced landing
Written by Lake County News Reports
Wednesday, 01 July 2009
LAKE COUNTY – A helicopter used by local officials for aerial surveillance of illegal marijuana gardens was damaged in a forced landing last week after it had an engine failure during a training flight.
Capt. James Bauman of the Lake County Sheriff's Office reported Tuesday that no one was injured when the helicopter landed in an open meadow on Cow Mountain – about seven miles northwest of Lakeport – at about 3 p.m. June 25.
The Robinson R-44, owned by Cutting Edge Helicopters out of Sacramento, is used in ongoing aerial surveillance of illegal marijuana grows. Bauman said the helicopter was “substantially damaged” in the landing.
The helicopter crew – including Lt. Dave Garzoli of the sheriff’s Major Crimes Unit, who was undergoing flight instruction, and a company pilot who also is a certified flight instructor – had spent the morning conducting aerial surveillance over Lake County and were returning to Lakeport on a training flight after refueling in Ukiah, Bauman said.
During the training flight, the crew was simulating an emergency 180-degree autorotation and power recovery procedure at an altitude of about 500 feet over Cow Mountain when Bauman said they experienced an engine failure.
When attempts to recover engine power failed, the crew committed to a forced landing and, due to the lack of RPMs, the main rotor blades impacted the helicopter’s tail boom as the craft touched the ground, which Bauman said caused the damage.
Bauman said there was no property damage other than to the helicopter. The cause of the engine failure is being investigated by the National Transportation Safety Board and Cutting Edge Helicopters.
In April the Board of Supervisors unanimously approved an agreement with Cutting Edge Helicopters to rent its equipment for marijuana surveillance activities.
In the agreement, Cutting Edge receives $490 an hour, according to minutes from the April 14 Board of Supervisors meeting.
At that time the board also approved helicopter lease agreements with PJ Helicopters and A&P Helicopters for rates of $700 and $750, respectively, as Lake County News has reported.
PRESS RELEASE
Americans for Safe Access
For Immediate Release: July 1, 2009 Contact: ASA Media Liaison Kris Hermes 510-681-6361 or ASA Chief Counsel Joe Elford 415-573-7842
Landmark Ruling Issued Today on Collective Cultivation of Medical Marijuana
Appellate court protects collective cultivation and affirms civil actions by patients
Sacramento, CA -- The California Third District Court of Appeal issued a landmark ruling today on the right under state law of patients to collectively cultivate. The 2-1 appellate court decision stems from the case County of Butte v. Superior Court involving a private medical marijuana collective of 7 patients in Paradise, California. The nationwide advocacy group Americans for Safe Access (ASA) filed a lawsuit in May 2006 on behalf of 56-year-old David Williams and six other collective members after a 2005 warrantless search of his home. Williams was forced by the Butte County Sheriff to uproot more than two-dozen plants or face arrest and prosecution. Contrary to state law, which allows for collective cultivation, Williams was told by the Sheriff that it was not lawful to grow collectively for multiple patients.
"This ruling by the California Courts sends yet another strong message to state law enforcement that they must abide by the medical marijuana laws of the state and not the competing federal laws," said Joe Elford, ASA Chief Counsel and the attorney that litigated the case on behalf of Williams. Today's appellate court ruling affirmed this position by concluding that, "the deputy was acting under color of California law, not federal law. Accordingly, the propriety of his conduct is measured by California law."
The appellate court also stated that to deny patients protection from warrantless intrusions and seizures by law enforcement "would surely shock the sensibilities of the voters who approved [Proposition 215]." Especially worthy of note is the appellate court's assertion that the Compassionate Use Act of 1996 is not simply an affirmative defense to criminal sanctions, but "...we see an opportunity for an individual to request the same constitutional guarantee of due process available to all individuals, no matter what their status, under the state Constitution. The fact that this case involves medical marijuana and a qualified medical marijuana patient does not change these fundamental constitutional rights or an individual's right to assert them."
Today's appellate court decision upholds Butte County Superior Court Judge Barbara Roberts' ruling from September 2007, in which she states that seriously ill patients cultivating collectively "should not be required to risk criminal penalties and the stress and expense of a criminal trial in order to assert their rights." Judge Roberts' ruling also rejected Butte County's policy of requiring all members to physically participate in the cultivation, thereby allowing collective members to "contribute financially."
Even in his dissenting opinion, Court of Appeal Judge James Morrison stated that, "the United States Congress should reconsider its refusal to amend the federal drug laws to make reasonable accommodation for the 13 states that have enacted some form of compassionate use exception to their penal codes."
ASA was compelled to file the Williams lawsuit after receiving repeated reports of unlawful behavior by Butte County law enforcement, as well as by other police agencies throughout the state. After uncovering Butte County's de facto ban on medical marijuana patient collectives, ASA decided to pursue the case to show that collectives and cooperatives are protected under state law. "In addition to protecting patients' right to collectively cultivate, the Court has reaffirmed that medical marijuana patients enjoy the same constitutional rights as everyone else, including the ability to file civil rights actions when those rights are violated," continued Elford.
With over 30,000 active members in more than 40 states, 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. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.
--
Kris Hermes
Media Specialist
Americans for Safe Access www.SafeAccessNow.org
1322 Webster Street, Suite 402
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris@SafeAccessNow.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.
Rhode Island became the third state in the country Tuesday to allow the sale of marijuana for medical purposes.
The House and Senate easily overrode Governor Carcieri’s veto of bills that would permit up to three dispensaries that advocates have dubbed “compassion centers.”
In 2006, the General Assembly permanently legalized the use of medical marijuana. Doctors could prescribe it for critically ill patients. But there was no legal way to buy the drug, leaving patients or their caregivers to grow it, or buy it on the street.
“For the more than 600 Rhode Islanders who rely on medical marijuana to help relieve the unimaginable suffering that some diseases cause, or to relieve their nausea enough to take food, this will provide not only relief and safety, but also dignity,” said Rep. Thomas C. Slater, who sponsored the bill in the House and is himself battling advanced cancer.
“Sick people should not be forced to associate with drug dealers and the dark underbelly of society to get the help they need. I’m glad we’re finally recognizing their right to access marijuana safely, legally and without needless shame or fear,” said Slater, a Providence Democrat.
In late May, the House approved Slater’s bill by a 63-to-5 vote. An identical bill sponsored by Sen. Rhoda E. Perry passed the Senate on June 9 by a vote of 31 to 2. Although both votes indicated a veto-proof majority, Governor Carcieri vetoed them on June 12, saying “the increased availability, along with a complacent attitude, will no doubt result in increased usage, and will negatively impact the children of Rhode Island.” He also said the dispensaries would complicate the jobs of law enforcement officers and create a perception that Rhode Island is complacent against illegal drugs.
“We still have our same concerns,” Carcieri spokeswoman Amy Kempe said after Tuesday’s overrides. “The administration believes there are a lot of issues that should be looked at legislatively before we proceed.”
She cited concerns for the safety of patients who will use compassion centers. “They’re easy targets, walking out with medicinal marijuana –– two blocks later they’re being mugged.”
California has compassion centers where patients with a prescription can buy marijuana legally, but those dispensaries were not created by legislation and are not regulated. Earlier this year, New Mexico became the only state to license nonprofit producers of medical marijuana.
At least one national marijuana advocacy group hailed Rhode Island’s veto override as historic. “Now that the Obama administration has announced a policy change,” said Aaron Houston, director of government relations for the Marijuana Policy Project, “state legislators seem to feel safer adopting a sensible, regulated system of medical marijuana distribution that avoids the mistakes of California, where dispensaries sprang up with no rules. This is a historic step forward.”
States now considering creation of state-licensed dispensaries include Delaware, Illinois, Iowa, New Hampshire, New Jersey, North Carolina and Pennsylvania, and a ballot initiative is being circulated in Arizona, according to the Marijuana Policy Project. This November, Maine voters will consider a ballot initiative to add dispensaries to the state’s medical marijuana law.
After Tuesday’s vote — the first override of the year — Slater assured his colleagues the forthcoming centers will be monitored. “I know many of you had hesitation over this bill, but I can assure you we will have consistent oversight so nothing goes wrong.”
Mendo Skys - "Training flights" this week and next - MP3
MP3 file to listen to June 17 KZYX news excerpt: DEA sponsored
Helicopter 'training school' out looking this week and next. That
pretty much sums it up, doesn't it?
PRESS RELEASE
Americans for Safe Access
For Immediate Release: June 17, 2009
Contact: ASA Chief Counsel Joe Elford 415-573-7842 or ASA Media Liaison Kris Hermes 510-681-6361
Medical Marijuana Group Gets $139,000 in Attorneys Fees for Landmark Case
Garden Grove spends a quarter of a million dollars, loses federal preemption argument
Oakland, CA -- The national medical marijuana advocacy organization Americans for Safe Access (ASA) was paid yesterday by the City of Garden Grove $139,000 in attorneys fees for a settlement agreement in a landmark medical marijuana case. The fees awarded to ASA are in addition to more than $100,000 that Garden Grove spent fighting the state's medical marijuana law, likely totaling more than a quarter of a million dollars. The case City of Garden Grove v. Superior Court involved the wrongful seizure of medical marijuana from Garden Grove patient Felix Kha, and resulted in a landmark decision rejecting the city's argument that state law was preempted by federal law. Instead, California's Fourth Appellate District ruled that, "it is not the job of the local police to enforce the federal drug laws."
Yes it's true, here is the check!
"It's unfortunate that the City of Garden Grove felt it necessary to challenge the rights of patients in California by spending more than a quarter of a million dollars to refuse to return medical marijuana worth approximately two hundred dollars," said Joe Elford, Chief Counsel with Americans for Safe Access. "Nevertheless, this should force local officials to better uphold medical marijuana patients' rights under the law." The 41-page landmark decision was appealed by Garden Grove, but was instead upheld after a denial of review by the California Supreme Court in November 2007 and, most recently, by the U.S. Supreme Court in December 2008.
The Kha case was the result of a wrongful seizure of medical marijuana by local police in June 2005. Kha was pulled over by the Garden Grove Police Department and cited for possession of marijuana, despite presenting officers with the proper documentation. The marijuana charge against Kha was subsequently dismissed, with the Superior Court of Orange County issuing an order to return Kha's wrongfully seized 8 grams of medical marijuana. The police, backed by the City of Garden Grove, refused to return Kha's medicine and the city appealed. While the case was before the appellate court, the California Attorney General filed a "friend of the court" brief on behalf of Kha's right to possess his medicine. This, in turn, prompted several statewide law enforcement associations to file briefs in support of Garden Grove, challenging the state's medical marijuana law.
"Medical marijuana advocates are hailing this landmark decision and today's settlement for attorneys fees as a huge victory that underscores law enforcement's obligation to uphold state law," continued Elford. "Better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures, and will allow for better implementation of those laws not only in California, but in all medical marijuana states."
Pot dispensary owner sentenced to a year and a day in prison
11:47 AM | June 11, 2009
Medical marijuana
The owner of a Morro Bay pot dispensary who emerged as a key figure in the national debate over medical marijuana was sentenced to one year and one day in prison today by a federal judge in Los Angeles.
Charles Lynch, 47, dressed in a dark suit, sat with his hands clasped and stared straight ahead as the sentence was imposed by U.S. District Court Judge George H. Wu. Lynch declined the opportunity to address the court moments earlier. His mother, seated in the courtroom gallery nearby, fought back tears as Wu said he saw no way around imposing a sentence of at least one year.
Lynch’s case made headlines nationwide and came to symbolize the tension between conflicting state and federal marijuana laws. Cultivating, using and selling doctor-recommended marijuana is allowed under some circumstances in California and about a dozen other states, but such activities are banned entirely under federal law.
Lynch was prosecuted for illegally distributing marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay’s mayor, city attorney and other civic leaders.
During a two-week trial last summer, Lynch’s attorneys attempted to mount a defense based on the service they contend he provided to chronically ill patients who relied on marijuana to ease their suffering. They were barred from doing so, however, because the Supreme Court has ruled that medical necessity is not a legitimate defense for violating federal drug laws.
Prosecutors, meanwhile, portrayed Lynch as a common drug dealer who profited from his enterprise and hauled around a backpack stuffed with cash. They said he sold more than $2 million worth of the drug. They also said he repeatedly sold to people under 21 — considered minors under federal law — and that much of his clientele consisted of seemingly healthy young repeat customers.
MEDIA ADVISORY
Americans for Safe Access
For Immediate Release: June 10, 2009
Contact: ASA Chief Counsel Joe Elford 415-573-7842 or ASA Media Liaison Kris Hermes 510-681-6361
Federal Judge Suggests Leniency for Medical Marijuana Sentencing Thursday
DOJ recommends prison time despite "new policy," no evidence of state law violations
Los Angeles, CA -- The Justice Department is seeking a mandatory minimum sentence of 5 years for state and locally sanctioned medical marijuana provider Charles C. Lynch, despite statements of a new policy and no evidence of state law violations. Lynch was convicted in federal court in 2008 under the Bush Administration and will be sentenced this Thursday at 9:30am in Los Angeles federal district court. At a previous hearing, Judge George H. Wu indicated that he doesn't think this case "is one which merits a mandatory minimum" sentence. However, a legal brief recently filed by the government called the legality of Lynch's conduct under state law "irrelevant" to his recommended sentence, seemingly in contrast with statements by U.S. Attorney General Eric Holder that the Justice Department would only target those in violation of both federal and state law.
"With no clear evidence that Charles Lynch was in violation of state law, it's very disingenuous for the federal government to seek prison time in this case," said Joe Elford, Chief Counsel with the national advocacy group Americans for Safe Access (ASA). "Despite this aggressive stance by the federal government, even the judge has expressed skepticism that Lynch deserves prison time." Elford argued at an April 23rd hearing that no hard evidence of state law violations had been brought by the government, despite such allegations made by U.S. Attorney Thomas O'Brien. In response to a request by Judge Wu for written clarification on the government's new medical marijuana policy, the Deputy Attorney General's office responded that Lynch's case was unaffected.
What: Sentencing hearing for medical marijuana provider Charles C. Lynch
When: Thursday, June 11th at 9:30am
Where: Los Angeles Federal Court, 312 N. Spring Street, Courtroom 10
Senator Obama's campaign promise that he was "not going to be using Justice Department resources to try to circumvent state laws" on medical marijuana was followed up with more nuanced statements by U.S. Attorney General Eric Holder that the Justice Department would still "go after those people who violate both federal and state law." Confusion around the government's policy ensued as several medical marijuana providers were raided by the Drug Enforcement Administration (DEA) even after President Obama took office.
Responding to this confusion, Congressman Maurice Hinchey (D-NY) requested clarification Tuesday within the Commerce, Justice and Science Departments (CJS) Appropriations bill. "It's imperative that the federal government respect states' rights and stay out of the way of patients with debilitating diseases such as cancer who are using medical marijuana in accordance with state law to alleviate their pain," said Hinchey in a press release issued Tuesday. "We applaud Congressman Hinchey's leadership on this issue and his attempt to restrict interference by the federal government in medical marijuana states," said Caren Woodson, ASA's Director of Government Affairs.
"Lynch's case is only one of more than two dozen pending federal cases," said Elford. "If the federal government believes these cases involve violations of state law, then they should allow them to be decided in the state courts." Because of the June 2005 U.S. Supreme Court decision in Gonzales v. Raich, federal medical marijuana defendants are prohibited from entering evidence related to medical marijuana or their compliance with local and state laws. Advocates are demanding that the federal government cease such prosecutions or remove them to state court where evidence can properly be heard.
Before his medical marijuana dispensary was raided by Drug Enforcement Administration (DEA) agents in March of 2007, Lynch had operated for 11 months without incident, and with the blessing of the Morro Bay City Council, the local Chamber of Commerce, and other community members. Two months after Lynch closed his dispensary, Central Coast Compassionate Caregivers, he was indicted and charged with conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing more than 100 plants, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21. None of the federal charges constitute violations of local or state law.
With over 30,000 active members in more than 40 states, 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. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.
LAPD Detective Supervisor Holcomb from the Devonshire precinct in the San Fernando Valley claims the department closed four Los Angeles medical cannabis collectives in recent days. Speaking with defense attorney Bill Kroger, who represents one of the collectives, Holcomb said the City Council’s ongoing effort to regulate these facilities is irrelevant because the associations violate state law. The extent of the police activity is still unconfirmed, but if Holcomb’s claims are true, this may be an early sign of an LAPD offensive against collectives in the San Fernando Valley.... Read more on the ASA blog
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One reader comments (text after end of news article) to ask how many potholes can you fill for one hour's worth of helicopter rental?
PRESS RELEASE
PRESS RELEASE
MEDIA ADVISORY