ASA Weekly Alert

2) October 9th, Capistrano Beach: First Orange County ASA Meeting!

**4) October 11th, San Diego: San Diego ASA Monthly Meeting*
*5) October 11th, Mountain View: City Council to Discuss Regulating
**Medical Cannabis Dispensing Collectives
6) October 12th, Joshua Tree: High Desert **Marijuana Anti-Prohibition
Project Meeting
**7) October 13th, Guerneville: Sonoma ASA Meeting
**8) October 15th, Temecula: **Marijuana Anti-Prohibition Project Meeting*

*9) October 18th, Tehama: County Hearing on Medical Marijuana ID Cards
*

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*1) ASA Files Suit Against Three Cities with Dispensary Bans
*

San Francisco, CA - Lawsuits over local bans on medical marijuana
dispensaries will greet some of the elected officials gathering in San
Francisco for the annual League of California Cities conference.
Americans for Safe Access (ASA), an Oakland-based medical marijuana
patient-advocacy group, will be announcing legal action against three
California cities on the opening day of the convention. The ASA press
conference will be held at 12:30 pm on Thursday, October 6, in front of
the convention at Moscone Center West, 800 Howard St.

The lawsuits filed against Concord, Pasadena, and Susanville follow
ASA's lawsuit filed this April against the city of Fresno for
permanently banning medical cannabis dispensing collectives, which the
suit contends illegally restricts the rights of qualified patients and
their primary caregivers under California law. Each lawsuit includes a
prospective dispensary operator plaintiff and a patient plaintiff.

"These bans clearly conflict with state law, " said Joe Elford, ASA
Chief Counsel. "The biggest hole in the Compassionate Use Act was in not
describing the distribution method by which those who need the marijuana
are able to legally access their medicine. The legislative response to
the electorate's charge was SB 420's legitimization of dispensing
collectives and cooperatives. Cities are beholden to both state law and
to the well-being of their citizens."

In order for the patient plaintiffs to currently obtain the medicine
their doctor has recommended, they must drive to other cities that have
condoned and regulated dispensaries for their citizens. There are over
120 known dispensing collectives (dispensaries) throughout California,
however they are unevenly distributed and not easily accessible to all
legal patients. For example, it is a seven hour drive from Susanville,
one of the cities whose ban is contested by ASA, to the closest
dispensing collective.

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.
(To see this opinion, go to
http://www.safeaccessnow.org/downloads/agopinion.pdf) This is one of
several legal opinions issued to clarify the legal rights and
responsibilities of state officials since the US Supreme Court ruled
that state-legal patients can still be prosecuted under federal
marijuana laws.

"We hope this litigation will help local officials realize that
permanent bans are unacceptable not just legally but morally, since they
punish the sick and suffering in their communities who mainly rely on
dispensaries," said ASA Legal Campaign Director Kris Hermes. "We're here
to guide them through the process of establishing reasonable and
sensible regulations." ASA publishes a variety of legal and medical
reference materials, and will have information to aid city officials
available to all in attendance at the League of Cities meeting.

Since Oakland established the first ordinance condoning and regulating
dispensaries in early 2004, twenty-one other cities and counties have
followed suit (see: http://www.safeaccessnow.org/article.php?id=2208 for
a list and links to the policies). Later in 2004, cities and counties
began to establish moratoriums on dispensing in order to arrive at
regulations. As of October 6, 2005, there are at least fifty-six
localities with moratoriums and thirteen with permanent bans.

Find out more here: http://www.safeaccessnow.org/article.php?id=2704


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*
2) Sunday, Oct. 9th: First Orange County ASA Meeting!*

Join OC ASA for their first meeting. This will be a great chance to meet
medical marijuana patients and supporters in your community and to
discuss local, state and national issues that effect patients. Make your
voice heard by getting involved with ASA campaigns!

Meeting at 3:00 p.m.

For location or other info, call Tracie: (949) 412-7792

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*3) Monday, Oct. 10th, Auburn: City Council to Vote on BANNING
Dispensing Collectives*

Currently, Auburn has an ordinance that allows dispensing collectives.
However, their city attorney has advised them to BAN dispensaries
because of the conflict between state and federal law. Please show up in
force to oppose this ban! We need patients to vocalize their need for
dispensing collectives and to express how difficult it is to drive hours
to get their medicine.

For talking points opposing dispensary bans, click here:
http://www.safeaccessnow.org/downloads/dispensary.ban.talking.points.pdf

For information about four lawsuits ASA has filed against cities with
permanent bans, click here:
http://www.safeaccessnow.org/article.php?id=2704

The City Council meeting is held at 6 p.m. Monday at the City Hall Council
Chambers, 1225 Lincoln Way in Auburn.


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*4) Tuesday, Oct. 11th: San Diego ASA Monthly Meeting*

Our San Diego chapter of ASA has been busy lately and needs you to get
involved. If you're interested in protecting patients' rights to safe
access in the San Diego area, please attend this meeting! For more info
about the chapter, please visit their site: http://sdasa.4mg.com/index.html

Twiggs Coffee House
4590 Park Blvd.
In the Green Room
7:00-8:00 p.m.

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*5) Tuesday, Oct. 11th: Mountain View City Council to Discuss Regulating Medical
Cannabis Dispensing Collectives*

>From Jim Lohse:

The Mountain View City Council is planning to schedule a Study Session regarding
medical marijuana dispensaries within the city limits. At last night's Council
meeting, it was discovered that the City plans to discuss the dispensary issue at
the next City Council Study Session on Tuesday, September 20, 2005. More
information will be forthcoming once the Council posts the agenda for the meeting
sometime this weekend.

Area 420 Spokeswoman Tina Flora can be reached regarding this effort at 408 509-7656.

According to Flora, "We need to organize and show up for this meeting--patients,
caregivers, and their families, doctors and those compassionate to the cause. Our
voices need to be heard by the Council to know that we are serious about obtaining a
dispensary within Santa Clara County to serve our sick, injured, and dying patients
safely and effectively. NOW is the time to let your thoughts be heard, your needs
spoken, and your desires voiced."

For general talking points about dispensary ordinances, please visit:
http://www.safeaccessnow.org/downloads/Talkingpoints.General%20Moratorium.doc

CITY HALL - 500 CASTRO STREET
6:30 P.M.-REGULAR SESSION

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*
6) Wednesday, Oct. 12th: High Desert **Marijuana Anti-Prohibition
Project Meeting*

Wednesday, October 12 at 7:30 p.m. in the Joshua Tree Inn in Joshua
Tree, just east of the High Desert Playhouse.

Contact Lanny Swerdlow for more info: 760-799-2055

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7) Thursday, Oct. 13th, Guerneville: Sonoma ASA Meeting*

ASA Sonoma will be meeting to discuss local dispensing ordinances,
Sonoma plant guidelines, legal rights and upcoming court dates. All
patients, advocates, and doctors are encouraged to attend and get
involved with our local ASA chapter.

Thursday @ 6:30 p.m.

Odd Fellows Hall
16219 1st St. Next to Johnson Beach cabins
Guerneville, CA 95446

For more information, email asasanomaco [at] aol.com or call 707-332-6556

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*8) Saturday, Oct. 15th: **Marijuana Anti-Prohibition Project Meeting*

Saturday, October 15 at 2 p.m. at the Temecula Public Library.

Contact Lanny Swerdlow for more info: 760-799-2055

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*
9) Wednesday, Oct. 18th: Tehama County Hearing on Medical Marijuana ID
Cards*

>From Red Bluff Daily News:

The county is also preparing to issue medical marijuana identification
cards for users, in accordance with a 2003 state law to help law
enforcement identify patients legally protected by the law. The cards
would be issued on a voluntary basis for patients and caregivers,
according to health services director Valerie Lucero. Patients and
caregivers would need to complete a four-page application that would
include a physician's recommendation for the marijuana.

The Tehama County Health Services Agency is working to develop the card
program for the county and plans to set the fee at $72.75 per card.
According to Lucero, the cards will cost the county $59.75 to produce.
The state has added a $13 fee to the cards. Patients on Medi-Cal will
receive the cards for half price.

10:45 a.m. Public Hearing

Board Chambers, 633 Washington Street, Tehama

--
Rebecca Saltzman
Field Coordinator
Americans for Safe Access
p (510) 251-1856
f (510) 251-2036
http://www.safeaccessnow.org