ASA Weekly Alert from 10/14

*1) Report from League of California Cities Convention
2) Next Week: Call for Volunteers in Oakland Office - Outreach for HHS
Action
3) October 15th, Temecula: **Marijuana Anti-Prohibition Project Meeting
4) October 18th, Los Angeles: Court Support for Anna & Gary Barrett
**5) October 18th, Tehama: County Hearing on Medical Marijuana ID Cards
6) October 18th, Oakland: City Council Public Comment - Call for Patients!
**7) October 23rd, Los Angeles: LA ASA Meeting
8) October 24th, Fresno: Court Support for Dustin Costa
**9) October 24th, Fresno: Court Support for Joe Fortt*
*10) October 25th, San Diego, Santa Ana, LA & Santa Barbara: Get on the
Bus!*
*11) October 26th, San Francisco: Time's Up: Demand HHS Reclassify
Marijuana Now!

*
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*1) Report from League of California Cities Convention

*Last week, thousands of city officials from across the state met in San
Francisco at the League of California Cities Convention. ASA's
experience at the convention was a huge success. The combination of our
press conference, booth outreach, and appearances at two sessions made
us very visible at the convention and allowed us to make contact with
nearly two-hundred city officials from across the state.

Public Safety Committee Hearing
The issue of medical marijuana had been put on the agenda for this group
of 30-40 committee members, but since it wasn't a meeting of the medical
marijuana subcommittee, the issue was shunted in favor of discussing
other important city issues such as fire control. However, discussions
with the committee staff revealed a willingness to work with us. This
supportive reaction was reinforced by staff comments indicating that the
stakeholders on the subcommittee were imbalanced by opponents (i.e. the
chair is a council member from Davis, one of the cities that has
declared a permanent ban against dispensing).
*
Legal Session on Medical Marijuana Dispensaries*

Unbeknownst to ASA, there was a special panel arranged Thursday
afternoon addressing legal issues around medical marijuana. The session
was an hour and a half and included a panel of 5-6 speakers providing an
overview of medical marijuana with a slight emphasis on dispensing. The
session was attended by approximately 100 people, with most of them
being city attorneys. We circulated our packets of info and attempted to
try and get a speaking slot on the panel at the last minute. We were
denied a speaking slot and were told to wait until the Q&A period.

Not being able to present wouldn't have been so bad if not for the
lineup of speakers on the panel. It started off with either the city
attorney or deputy city attorney from Berkeley, giving a legal lay of
the land re MMJ. The CHP lawsuit and Fresno ban lawsuit were both raised
in his power point presentation. Next up was the city attorney from
Rocklin (the city that first banned dispensaries and proceeded with a
prolific campaign of encouraging other cities to follow suit). His
presentation was more balanced than it might have been two or three
months ago, and he actually said he was "relieved" that he was not sued
in the complaints filed that day. Our most recent three dispensary ban
lawsuits were known by everyone in the room at that point. Scott Thorpe,
from AG Lockyer's office, spoke next and gave a relatively bland and
forgettable presentation. The final speaker was the Pasadena police
chief who said bluntly that medical marijuana was "a sham." Fortunately,
the invited DEA representative could not attend, but a statement was
provided, nonetheless, that explained how dispensing was not only
illegal under federal law but also under state law.

We got an opportunity to make a statement at the end, when discussion
got to whether or not to regulate or ban dispensing. Joe spoke first,
and was explaining why we were filing the suits and why it wasn't ok to
ban dispensing, when he was cut off by the moderator (a Berkeley city
council member). Kris got up to provide the final note of the session:
ASA might look like it's all about litigation, but in fact we want to
help cities work through this issue and help them come up with sensible
regulations. Come by our booth, pick up materials, and talk with us
about it. This session resulted in numerous conversations with public
officials, both directly after the session and over the next day at the
booth.

Booth Outreach

The ASA booth was staffed throughout the convention by Kris, Joe, Caren,
Hilary and Rebecca. Our banner and map of California cities with
dispensary regulations attracted a lot of traffic to our booth.

Between the booth and the legal session, we handed out over one-hundred
fifty legislative packets, which included information on dispensaries,
the CHP case, and the current status of state law. We also gave out
condition-based booklets, Patients in the Crossfire, the San Francisco
draft ordinance, and other medical marijuana information. City officials
appreciated our materials and presence at the convention.

We had conversations with officials from approximately fifty cities
across the state, including Desert Hot Springs, Cotati, Fountain Valley,
Corning, San Luis Obispo, Banning, Hanford, Sunnyvale, Riverbank,
Westminster, Orange Cove, Arcata, Kingsburg, Coalinga, Hercules, Buena
Park, Emeryville, Oakland, Davis, Willits, Mountain View, Loomis, Selma,
Dana Point, Fort Bragg, Fairfield, Concord, West Hollywood, Ukiah,
Claremont, Windsor, and Fresno.

City officials had a variety of questions and comments, ranging from
dispensary regulations, outdoor cultivation, and the status of state law
post-Raich. Overall, the officials were supportive and friendly, though
we did field a few debates throughout the two days. At the beginning of
the convention, few knew who we were, but by the end, most officials had
heard about our lawsuits - on Friday, a city attorney approached us and
asked, "Which cities did you sue today?"
*
*
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*
**2) Next Week: Call for Volunteers in Oakland Office - Outreach for HHS
Action

*We need volunteers to come to the office next week to phone bank our
Bay Area lists to get activists to the October 26th HHS Rescheduling
Action in San Francisco. Afternoons are best, since more people are
home. Please email me at rebecca [at] safeaccessnow.org or call 510-251-1856
to volunteer.

Our office is located in downtown Oakland, 2 blocks East of the 12th
Street BART station:

1322 Webster Street Suite 208
Oakland, CA 94612
*
*
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*
**3) Saturday, Oct. 15th: **Marijuana Anti-Prohibition Project Meeting*

For those in southern Riverside County, plan to attend the Saturday,
October 15 meeting of MAPP and CAP at 2 p.m. in the Temecula Public
Library. The meeting is run by Marty and LaVonne Victor. Lots of good
information can be obtained at the meeting and your support is necessary
to build up our movement in that area of Riverside County. So make the
time and attend the meeting and show your support and concern. The
Temecula Public Library is located at 41000 County Center Drive at the
intersection of Winchester and County Center Dr.

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4) Tuesday, October 18th: Court Support for Anna & Gary Barrett in LA

Trial at 8:30am in U.S. District Court, 312 N. Spring Street before
Judge Nora Manella in Los Angeles. Patients and caregivers Anna and Gary
Barrett were arrested by the DEA in May 2003 and charged with
cultivation, conspiracy to cultivate, and maintaining a house where
marijuana is cultivated. The Barretts were the only defendants in
federal court that were granted the ability to present a "Raich"
defense. However, the recent U.S. Supreme Court ruling in /Gonzales v.
Raich/ will likely disallow the mention of medical marijuana.

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*
5) Tuesday, 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

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*6) Tuesday, Oct. 18th: Oakland City Council Public Comment - Call for
Patients!
*
Oakland patients are urged to speak up about the shortage of
dispensaries in the city at the City Council meeting this Tues., October
18th. We will be speaking during the public comments period about the
city's failure to move forward with appointing a marijuana policy
oversight board, as mandated by Measure Z nearly ONE YEAR ago. While
the city has dragged its foot on Measure Z, it has moved to close down
two out of the four licensed medical cannabis dispensaries in the city.
We want the City Council to know that we are dissatisfied about the City
Administrator's nitpicking pettifoggery and obstructionism, which have
left Oakland patients with only two clubs in the city.

Interested activists are invited to meet at the Bulldog Coffee Shop at 5
PM. If you miss that, come join us at City Hall at 5:45 to sign up for
the public comments session, which begins at 6 PM. Fortunately, public
comments are first on the agenda, so we won't have to wait around for
hours waiting to be heard.

- Dale Gieringer

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*7) Sunday, October 23rd: LA ASA Meeting *

* *

Final preparations for the HHS Action, art party and more... Location
and details to follow...



Thank you everyone for corresponding over the last few weeks. These are
exciting, while still challenging times, for medical marijuana. As we
continue to build community and support, we get closer to securing safe
access to sensible health care. I look forward to working with everyone
and hope to meet you soon. ~ Amanda


2-4 p.m.


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8) Monday, October 24th: Court Support for Dustin Costa in Fresno

Status hearing at 9:00am before Judge Anthony W. Ishii in U.S. District
Court, 5^th Floor, 1130 "O" Street, Fresno, CA. Medical marijuana
patient and caregiver Dustin Costa (a.k.a. "DC Greenhouse"), who is
president of the Merced Patients Group, was being prosecuted on state
charges stemming from a March 2004 arrest by Merced County Sheriffs,
when the state decided to transfer his case to the U.S. Attorney. After
being (re-)arrested by federal agents on August 10, 2005, Costa was
faced with federal prosecution and no means to a medical defense in court.

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9) Monday, October 24th: Court Support for Joe Fortt in Fresno

Status hearing at 9:00am before Judge Anthony W. Ishii in U.S. District
Court, 5^th Floor, 1130 "O" Street, Fresno, CA. Despite Joe Fortt
closing the doors to his Bakersfield medical marijuana dispensary a day
after the Gonzales v. Raich decision, his place of cultivation was
raided and he was arrested on July 20, 2005. Fortt's arrest and
prosecution is emblematic of recent actions taken by the DEA in full
cooperation with local law enforcement.


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*10) Tuesday, October 25th: Get on the Bus!*

Southern California ASA is chartering a bus starting in San Diego with
stops in Santa Ana (Orange County), San Fernando Valley (Los Angeles)
and Santa Barbara. There is space for 55 people. The cost of the ride
is free + respect and a two day commitment.

The bus will leave San Diego the morning of October 25th, we will arrive
in SF around 6 p.m. We will spend the night - lodging can be arranged
with the coordinator or on your own. The action is at noon October
26th. We will leave SF no later than 4 p.m. and start our journey home.

This is a great opportunity to meet other ASA activists from around the
state. SF ASA is looking forward to hosting us. Anyone in Southern
California interested in attending the SF HHS action should contact
Dege' Coutee at 310/770-3288 or email her at dege [at] safeaccessnow.org as
soon as possible as space is limited.

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*11) Wednesday, October 26th: San Francisco Action to Reschedule Marijuana*

*WHAT*: RALLY FOR RESCHEDULING MARIJUANA

*WHERE*: HEALTH AND HUMAN SERVICES (HHS), 50 UNITED NATIONS PLAZA, SAN
FRANCISCO

*WHEN*: WEDNESDAY, OCTOBER 26, 2005 - 12 NOON

*WHO*: PATIENTS, DOCTORS, ADVOCATES & YOU!

*WHY*: MARIJUANA WAS WRONGLY PUT IN THE SAME CATEGORY AS HEROIN AS A
DANGEROUS DRUG WITH NO MEDICAL VALUE. WE ARE CALLING ON HHS TO LISTEN TO
SCIENTIFIC RESEARCH AND RECOGNIZE MARIJUANA AS MEDICINE!


WHAT IS IT?

In 2002, Americans for Safe Access as part of a larger coalition
submitted a formal petition demanding marijuana be rescheduled. Last
year, ASA activists gathered at the Health and Human Services building
in DC to turn up the heat. ASA simultaneously launched a Data Quality
Act petition requesting HHS make corrections to published administrative
statements regarding the accepted medical value of marijuana. HHS
continues to drag its feet. It's time to turn up the heat: Another year
is too long for patients to wait!


WHY HHS?

To ensure safe and legal access for ALL patients, marijuana must be
rescheduled. In order for rescheduling to occur the federal government
must acknowledge marijuana's accepted medical value. In 2001 HHS ruled
that marijuana had, "No currently accepted medical use in treatment."
They did not, however, address the mountain of data that recognizes
cannabis as a useful treatment, by itself or as an adjunct to other
therapies, for a variety of chronic conditions. Some of these conditions
include cancer, HIV/AIDS, chronic pain, multiple sclerosis,
osteoarthritis, glaucoma, and migraines but this is not an exhaustive list.


WHY OCTOBER 26^th ?

On September 26^th , HHS is set to issue a response to the DQA petition.
Over the past year, they have delayed again and again. October 26^th
marks a thirty-day countdown until we will take legal action against
HHS. We will not wait any longer - it is time to turn up the heat!

For more information, contact Tony Bowles: tonebowles [at] sbcglobal.net
<mailto:tonebowles [at] sbcglobal.net> or (415) 283-7404

Click to download the action flyer
<http://www.safeaccessnow.org/downloads/Action%20Flyers%20SF.pdf> or
poster <http://www.safeaccessnow.org/downloads/Action%20Poster%20SF.pdf>

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