Malibu...rally against proposed ordinance prohibiting medical cannabis collectives! Tuesday, June 3rd.

The Malibu Planning Commission will hold a hearing at City Council Chambers tomorrow evening on a proposed ordinance that would prohibit medical cannabis collectives within the city limits.

One of the organizers at Americans for Safe Access - Don Duncan - informed me that there will be a rally at Malibu City Hall to protest the action.

Mr. Duncan who is an attorney for ASA is urging residents to attend for a number of reasons.

"It is important for the Malibu Planning Commission to know that people who live and work in Malibu and the surrounding neighborhoods are opposed to the ban."

For this reason, concerned individuals are asked to attend the rally with the specific aim of partaking in a meaningful dialogue during the decision-making process.

California voters passed "The Compassionate Use Act" to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes. To advance the will of the California voters, the Legislature enacted SB 420 which established cooperatives and collectives as the recognized forms of medical marijuana cultivation and distribution to those who are too sick or otherwise unable to cultivate it for themselves.

According to Duncan and others at Americans for Safe Access, Municipalities considering outright bans on patient access to medical marijuana should be warned that these actions will have very real consequences.

For example, Americans for Safe Access filed a lawsuit against the city of Fresno for restricting medical marijuana dispensing collectives from operating as enumerated under California law.

Also, State Attorney General Bill Lockyer recently issued an opinion affirming that municipalities may not restrict the protections afforded by "The Compassionate Use Act" and SB420 to qualified medical marijuana patients.

Therefore, municipalities debating ordinances that curtail the right of seriously ill Californians to obtain the medicine they need ought to be aware that such regulation conflicts with the general rule of California law.

"There are a number of patient issues at stake," added Duncan.

"A rigid policy that bans medical marijuana collectives deprives qualified medical marijuana patients of the medicine promised them by the Compassionate Use Act. Banning or limiting the number of dispensing collectives allowed to operate places unnecessary hardship on patients with limited mobility and financial security. It is crucial that medical cannabis dispensing collectives be readily accessible to patients throughout and across our community."

Medical cannabis dispensaries provide support and healing for patients. Dispensing collectives have positive psychosocial health benefits for chronically ill people who are otherwise isolated. The type of support and services offered by many dispensaries improves the quality of life and in some cases may even prolong life, according to researchers in the field.

The organizers of the rally also stressed that Medical cannabis dispensaries are necessary for patients who are financially, physically, or otherwise restricted from producing their own medicine - particularly for those patients who reside in Section 8 or other restrictive housing arrangements.

Notwithstanding, Medical cannabis dispensaries are wellness facilities where individuals suffering from serious illnesses can find safe access to medicine, support, and healing.

The organizers scorn elected officials - like those in Malibu - who are actively trying to prevent safe and legal access for patients.

Contrary to what the City Officials in Malibu may think, Medical cannabis dispensaries can be a positive part of our community, said Duncan.

"When properly permitted, regulated and operated, dispensing collectives will prevent lawful patients from unnecessary and potentially harmful entanglements with illicit markets or law enforcement. Therefore, the Council ought to be supporting efforts to develop regulations that provide safe and legal access to medical cannabis so patients are not forced to access medicine in illegitimate places."

The ASA team also stress that research confirms that support services are effective for patients with a variety of cancers and other terminal illnesses. For example, participants active in support services are less anxious and depressed, make better use of their time, and are more likely to return to work than patients who receive only standardized care.

In view of the foregoing, volunteers are urged to attend the Malibu rally in a bold-faced effort to convince City Council in Malibu that they should be supporting efforts to improve the health, welfare, and quality of life of patients in the community - not harm it.

In the final analysis, ASA contends there is no evidence to date that a well-run dispensing collective leads to crime.

Consequently, they argue that it is - ultimately - unfair to stigmatize legal patients by treating their collective like a criminal or nuisance activity that warrants outright closure.

Rally Info:

Malibu Planning Commission Meeting

City Council Chambers, City Hall, 23815 Stuart Ranch Road, Malibu

June 3rd, 2008 / 6:30 pm

Info: don@safeaccessnow.org

DEA raids. House Judiciary Committee to probe paramilitary-style abuses, rights violations!

Through my sources I managed to secure a copy of a damning letter John Conyers - Chairman of the House Judiciary Committee - has sent on to the Acting Administrator of the Drug Enforcement Agency (DEA) requesting information on widespread raids which have gone down in the Los Angeles area since last fall.

The DEA has been targeting "pot" dispensaries that have been providing medicinal marijuana to California residents legally entitled to use the leafy product under current law in the State.

At issue, are shocking enforcement raids in which DEA Agents were prone to defiantly engage in abusive conduct - and on many occasions - act in direct Violation of individual rights.

In spite of the fact California voters approved a measure to allow the compassionate use of cannabis for medicinal purposes several years ago by ballot, the DEA responded by accusing the suppliers of being engaged in an "...illegal sale of an illicit drug which is outlawed by the Federal Government."

Although local officials (West Hollywood City Council & Los Angeles Board of Supervisors) held emergency meetings with local law enforcement to try to stave off future arrests until the conflicts in State & Federal Statutes could be resolved - bottom line - the FEDS ignored the good-faith attentions of the many to actively pursue the matter in a cavalier abusive manner.

Over the past few months, I not only reported on the outrageous DEA tactics, but also attended a handful of the spirited rallies in front of Governor Schwarzenegger's downtown office in Los Angeles and the DEA headquarters on Temple Street, respectively.

The protests fell on deaf ears.

Posts:
Pot Post (9/13/07)
Rally (10/10/07)
DEA Raids (10/12/07)
DEA Protest (3/24/07)

Consequently, thousands of complaints from U.S. Citizens - and grass-roots organizers and attorneys at Americans for Safe Access - have resulted in the launching of an investigation by Chairman John Conyers at the House Judiciary Committee in Washington, D.C.

In his letter to Acting DEA Administrator Michele Leonhart, Mr. Conyers starts off by stating as follows,

"I am writing to you because I have received a number of letters from Californians, including mayors and city councils, expressing concern about DEA enforcement tactics which urge me to hold oversight hearings in the Judiciary Committee."

Mr. Conyers goes on to characterize the actions of the DEA as follows,

"According to the letters, the DEA has dramatically intensified the frequency of paramilitary-style enforcement raids against individuals qualified to use medical cannabis under state law, their caregivers, and the dispensing collectives established to provide a safe place to access medical cannabis."

He goes on to note that he is aware that the DEA sent out "hundreds of letters to property owners who lease property to medical cannabis dispensaries, threatening them with arrest, and forfeiture of property."

At this juncture, Mr. Conyers made a surprising overture to the Acting DEA head, with the specific aim of determining the facts from the horse's mouth - so-to-speak - prior to the commencement of the formal investigation.

In his communication, Conyers has asked that Michele Leonhart answer the following queries:

Question No. 1:

Is the use of civil asset forfeiture, which has been typically reserved for the worst drug traffickers and kingpins, an appropriate tactic to employ against individuals who suffer from severe or chronic illness and are authorized to use medical marijuana under California Law?

Has the DEA conducted any analysis of the potential economic consequences of using civil asset forfeiture in an area that is experiencing some of the Nation's sharpest declines in property values?

Lastly, has the DEA considered the consequences of shutting down legally-operated public dispensaries and whether that might drive the cannabis sales activity underground?

Question No. 2

Given the increased level of trafficking and violence associated with international drug cartels across Mexico, South America, and elsewhere, do you think the DEA's limited resources are best utilized conducting enforcement raids on individuals and their caregivers who are conducting themselves legally under California Law?

Question No. 3

Have you considered that DEA activities against qualified individuals is negatively impacting the ability of state and local officials across California to collect tax revenue which they are entitled to under California Law?

Question No. 4

Every month new science supporting the therapeutic value of cannabis is published. As a result, medical and scientific organizations, like the American College of Physicians and the American Psychiatric Association, are arguing reform of the laws that place in legal jeopardy physicians or their individual patients who may benefit from the use of cannabis.

As the Administrator, you have the discretion to decide whether to continue heightened enforcement activities in California and in other states that have authorized use of medical cannabis by qualified individuals.

Please explain what role, if any, emerging scientific data plays in your decision-making process to conduct enforcement raids on individuals authorized to use or provide medical cannabis under state law.

Question No. 5

Would you support the creation of an inter-governmental commission comprised of law enforcement, law makers and people affected by the laws, to review policy and provide recommendations that aim to bring harmony to federal and state laws?

In closing, Mr. Conyers included a list of approximately sixty raids that the DEA conducted between June 2005 and November 2007.

In reference to those raids, Mr. Conyers has asked that the DEA provide an accounting of costs, in dollars and resources, used to conduct the law enforcement raids on said individuals.

Included in the package of information, Mr. Conyers has asked: whether arrests were made in the course of the raids, and if so, how many people were arrested; under what circumstances the warrants were issued; and for what content, whether criminal or other charges have been brought by the DOJ; what, if any, content was seized or destroyed; and finally, the current status of each case.

A response has been requested prior to a deadline date set for July 1, 2008.

As usual, the DEA has "no comment", pursuant to their ongoing policy not to speak with the media regarding such matters.

http://www.julianayrs.com

DEA Protest...House Judiciary Committee to hold hearings! Supreme Court cracks open door; LA City Council drags feet...

A rag-tag band of protesters met in front of the Federal Building this morning (March 25th, 2008) to protest the recent DEA raids on pot dispensaries in the Los Angeles area this past week, and the ransacking of a home owned by one of the distributor's, Virgil Grant.

"They grabbed cash, the marijuana, and various documents in the house, such as passports, records, and such," he noted in frustration to the crowd who were all revved up and ready to take their anger to the streets.

When I arrived at 255 East Temple in downtown Los Angeles at approximately 11:00 a.m., there were just a handful of protesters present, and one lone media type setting up to shoot footage of the rally.

Within minutes, a pleasant security guard strolled over and pointed out that no filming was allowed on Federal property; subsequently, the young lady set up her camera on the sidewalk, as instructed. The guard then asked what group was involved with the protest, signaling that the FEDS were unaware that the event was about to descend on them.

Caught with their pants down, for once!

The rally proceeded in quite an orderly and upbeat fashion; however, one officer was a bit testy. When a couple of protesters strayed off the curb, she barked out at them to "get out of the street", and gave a hostile look like she'd bust 'em in two minutes flat. I tell "ya, there's nothing worse than a female officer who thinks she has a set of ba**s.

Yeah, I know, former Police Chief Daryl Gates liked their upper body strength.

When a small posse of officers suddenly appeared from inside of the Federal Building to observe on the sidelines, she backed off.

Shortly after I pointed out that "Americans for Safe Access" were holding the rally to protest against the recent DEA raids - as if by clockwork - protesters started to filter out of the woodwork onto the busy thoroughfare - waving signs - and loudly chanting,

"DEA. Go Away"

The media started to drift in, and were immediately captivated by the strident messages being flogged to fascinated passers-by who honked their horns in support as they cruised by.

One read, "Patients are not criminals".

Another, "Prohibition creates crime".

A favorite of many, "Stop DEA oppression of State Law"

As I reported in my post yesterday (DEA Protests; March 24th, 2008) California residents overwhelmingly voted in favor of Proposition 215 - a compassionate measure to allow patients the use of Marijuana for medicinal purposes.

But, since the initiative passed a few years ago, no State Official - not even joint-smoking Governor Schwarzenegger of "Pumping Iron" days - has stood up to the FEDS on the issue, or taken any legitimate action to protect medical marijuana users from demeaning busts.

In fact, since the Supreme Court ruled earlier this year that marijuana continue to be deemed a banned substance, without any medicinal properties, the FEDS appear to have taken it as a cue to have a field day and crack heads!

For example, in recent months, there have been reports of abusive conduct by Federal Agents, destruction of property, and a pervasive bold-faced effort by the DEA (well-documented on this blog and in the National media) to crush the patients who take marijuana for medical purposes, and those who supply it.

Interestingly, a couple of the suppliers at the rally today noted that they have been paying taxes on their sales, and making a concerted effort to meet all the criteria required by State Statutes, in a good-faith effort not to run afoul of the Law.

As one protester noted - the fact that the State Franchise Board accepts "taxes" on the sales - tends to infer that there is a "backdoor" acceptance of the dispensaries and the services they are providing.

In my opinion, if the State is not willing to stand up to the FEDS, and support the initiative voted in by California residents, they should give the tax money they've collected to date (allegedly hundreds of thousands of dollars) back.

That's logical, isn't it?

Instead, it appears that monies from the State coffers are being used to effectively "close down" the pot dispensaries with the specific aim of squelching the whole medical marijuana movement in the process.

A case in point...

It is alleged that local law enforcement - the LAPD, for instance - are assisting the FEDS with their raids.

"All the City Council has to do is tell the LAPD to stop, and they will have to," argued one advocate at the rally this morning.

Why don't they?

Don Duncan, one of the organizers of the event - and a cornerstone of "Americans for Safe Access" - met with City Council this morning (March 25th, 2008) and it appears there may be hope on the horizon. More later, on that.

In the meantime, it is important to note that a Supreme Court ruling this past week, appeared to open a crack in the door towards legalization of marijuana outright.

Originally, Felix Kha Kha, sought the return of 8 grams of medical marijuana that was seized by police in June of 2005 in an unrelated criminal matter.

In a ruling issued by a lower court that rejected law enforcement's claim that federal law preempts the state's medical marijuana law, the Appellate court asserted,

"We do not believe the federal drug laws supersede or preempt Kha's right to the return of his property." The court further stated that, "it is not the job of the local police to enforce the federal drug laws..."

The Feds appealed to the California Supreme Court.

On Wednesday, March 19th, the California Supreme Court decided not to review last year’s landmark return of the property decision in "Garden Grove v. Superior Court".

By affirming the appellate court’s decision, the Supreme Court has made protection against seizure of medical marijuana by law enforcement legally binding throughout the state of California.

In sum, Law Enforcement is barred from confiscating marijuana prescribed for patients legally entitled to medical marijuana - and in the future - all seized pot must be returned forthwith, or a reimbursement must be shelled out to compensate for the loss of the illegally-seized marijuana.

Mr. Duncan also noted that the "House Judiciary Committee" will be reviewing the conduct of the DEA in upcoming hearings.

In fact, last week, Judiciary Committee Chair - Rep. Conyers (D-MI) - pledged to investigate the DEA’s recent and ongoing tactics threatening the safety and security of state-sanctioned patients, providers, and innocent third-party landlords.

In a prepared statement, Conyers noted,

"I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts."

Since the DEA began raiding medical cannabis dispensing collectives in 2002, Congress has never held a hearing to investigate the goal of these raids, how much these raids are costing taxpayers in both dollars and precious resources, or what impact these raids are having on patients and the state and local governments attempting to regulate the distribution of medical marijuana in accordance with state law, according to Americans for Safe Access attorneys.

The hearings should prove to be very fruitful once they are launched.

In addition to the aforementioned issues to be raised during regular oversight hearings, ASA and its members are also asking the House Committee to conduct a comprehensive investigation concerning DEA's activity in California and in other medical marijuana jurisdictions to determine the extent of potential wrong-doing and abuses - with the ultimate aim of ensuring that individuals who are in compliance with state and local regulations are not targeted by federal raids, imprisonment or threats of asset forfeiture, in the near or distant future.

Until then, Americans for Safe Access, continue the "good fight", while Governor Schwarzenegger cowers in the shadows.

Come on, Arnold, terminate those b**tards!

Don't bogart that joint, Arnold!

Medical Marijuana...Court Victory!

Yesterday, a California Appeals Court ruled that "it is not the job of the local police to enforce the federal drug laws."

Ending years of dispute, the court ruled in favor of Felix Kha, a medical marijuana patient seeking the return of medical marijuana that was seized by police.

In a ruling that rejects law enforcement’s claim that federal law preempts the state’s medical marijuana law, the court asserted "we do not believe the federal drug laws supersede or preempt Kha’s right to the return of his property."

The court’s ruling also affirms a policy change by the California Highway Patrol (CHP)which until 2005 held the record for the worst violator of Proposition 215. The CHP’s policy of mandatory seizure of medical marijuana was challenged in court by the ASA, after which the state’s top law enforcement agency amply modified its policy.

"It should now be abundantly clear to law enforcement across the state that it is not acceptable to seize the medicine of seriously ill patients," said Joe Elford, who represented Kha as Chief Counsel with Americans for Safe Access.

As of yesterday, California law enforcement will be "fulfilling their more traditional duty to administer the laws of this state," according to the court’s ruling, an ASA rep noted.

Yesterday’s victory marks the culmination of two years of litigation led by ASA.

"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, apparently.

Americans for Safe Access documented nearly eight hundred patient encounters with local or state police during a period of more than two years.

During this time frame, their reports indicated a glaring trend...more than ninety percent of all police stops resulted in seizure of medicinal marijuana by police regardless of any probable cause.

And, according to records maintained by Americans for Safe Access, rampant seizure of medical marijuana from qualified patients and primary caregivers has taken place in 53 of California's 58 counties.

This precedent-setting victory was achieved through years of meticulous planning by the Legal Affairs Department of Americans For Safe Access.

Of course, the fruits of their labor would not have been achieved, but were it for the generous donations of the members of Americans for Safe Access and other enthusiastic supporters...

Will the DEA raids of local suppliers continue?

In spite of the fact California voters approved a measure (Bill 215) seven years ago, allowing for compassionate use of Marijuana for medicinal purposes, the DEA has been cracking down on the local suppliers, alleging that their outlets are engaging in conduct which amounts to the, "...illegal sale of an illicit drug which is outlawed by the Federal Government."

According to Timothy L. Landrum, Special Agent in charge of the DEA in Los Angeles,

"...these dispensary operators are no different than any other drug trafficker; they prey on people in our communities to make a profit. The DEA and our Law Enforcement counterparts will not turn a blind eye to flagrant disregard of our Nation's essential drug Laws".

However, the fact remains: there is a definite conflict between State & Federal laws which needs addressing.

For example, while it is illegal to possess, sell, or distribute Marijuana in the United States on a Federal level, in California a resident is legally entitled to use the substance for medicinal purposes.

The issues have yet to be resolved.

I trust California Residents will concur that the DEA pot busts, and abusive and illegal conduct of the agents - who are clearly blinded by a kind-of reefer madness - should cease and desist, too.

Or is a costly waste of Judicial Resource, at taxpayer's expense, beckoning to accomplish this end?