To: Bonnie Dumanis.
My husband and I are dismayed by the tactics used by your local task force to harass and inhibit lawful exercise of patient’s rights under California Proposition 215 (including SB 420).
For local law enforcement to fraudulently obtain a doctors
recommendation for purposes of falsely obtaining medical cannabis and
arresting the provider is unethical, but more importantly unlawful.
The providers relied on the valid medical recommendation. The doctor
relied on patient self reporting and identification provided. All
physicians rely on patient self reporting of symptoms to inform
treatment.
My view is that, for your office, political considerations in this case trump legal considerations.
You are corrupting constitutional rights we have long cherished in
this country. And, you are corrupting the doctor/patient relationship by use of deception of innocent third parties.
We intend to financially assist the defenses of these innocent
victims, through appeal if necessary.
I fully believe, however, that no jury in State Court will convict these individuals.
Claudia and Ronald Little
Ashland, Oregon
Saturday, August 29, 2009
Thursday, August 27, 2009
Compassionate Use Act. What are we teaching the children?
Is anybody else tired of hearing the same old worn out argument “but it sends mixed messages to the children” when it comes to the Compassionate Use Act and the business of getting cannabis to the patients who are helped by it? And how about the fact that as soon as some mad mother plays the kid card, it effectively shuts down intelligent conversation about lifting cannabis prohibition, giving parents license to tromp on another’s rights in honor of their own children? I for one don’t temper my adult conversations with kids in mind so why are we doing this in the face of talk about sensible drug policy? These kids will grow up to be adults who will need the skills to view the real world and make real choices. They will need to be respectful of others, compassionate and kind while deciding what is right for them and looking out for number one.
Using children to gain political ground is a low-class and a decidedly harmful tactic that should be called out every time it is engaged in. Why are we allowing it? Let’s man up here. Sorry if, as a woman I’m among the first to suggest it. Having no kids (I never wanted them), it isn’t surprising that I’m sick of this argument. But, am I alone? I’m sure I can rule out the rabid soccer moms I’ve just alienated but you sensible parents, don’t you think your children are intelligent and resilient enough to understand clarifying laws which allow people who are helped by medical cannabis to obtain it safely doesn’t mean your kids are hearing any message other than one of compassion? Especially since it’s the law? Don’t we have a duty to teach our kids to have compassion AND to follow the law even though we may not understand it? A conversation about finding common ground and resolving conflict makes us better humans and better citizens. What it should not do is make us sheep led to the trough of certain drug addiction and ruin and I resent the implication. Can we grow up, please? Treating children as if they can’t reason is a disservice to them and our communities. I don’t believe acting compassionately sends a mixed message that kids will interpret as a green light to use drugs because I think kids are smarter than that. And I don’t even have any to misjudge, mistrust or underestimate.
Terrie Best, Stop Operation Green Rx Campaign Manager
8/27/2009
Tuesday, August 25, 2009
Donna Lambert Request for Court Support and Phone Calls to District Attorney
Hello Friends and Supporters! Today and anytime this week would be a very helpful time to call the district attorney, Steve Walters at (619)531-3784.
Please ask them to drop the Medical Marijuana case against Donna Lambert (ACL004). I helped a valid qualified medical marijuana patient (also an undercover cop - who had lied to a doctor about his symptoms to obtain a valid recommendation) twice. Although I have yet to see a signed copy of an arrest warrant, a swat style raid was conducted on my house, assault rifles pointed at me, I was taken to jail, my home destroyed, and I am now facing trial, EVEN THOUGH THE JUDGE AT MY PRELIMINARY HEARING RULED THAT I WAS "CLEARLY NOT IN IT FOR PROFIT".
My next court date is Thursday, September 3rd, 2009 at 1:30pm at the Downtown San Diego Courthouse, at 220 W. Broadway in Dept. 53.
Any and all court support is welcome. I admit that I am afraid, I do have a lot of anxiety about all this. At the same time, I know I have not broken the law. I was 100% within the intention of the medical marijuana laws that intended to facilitate the safe and affordable distribution of medical marijuana to qualified medical marijuana patients... The law provides exemption for prosecution for medical marijuana sales between qualified patients as long as it is not done for profit. This has been established in my case.
Unfortunately, I have been told by attorneys from all over the state that I have O% (zero) chance of receiving any fairness or respect for the law in San Diego Courts. To date, we are unaware of any cases for medical marijuana cases that have been dismissed in San Diego County, due to its longstanding war on medical marijuana, and its attempt to overturn the state medical marijuana laws.
I hope you can join me in my struggle, and my attempt to find justice and respect for medical marijuana patients and the medical marijuana community at large. If you have a chance to come down to the courthouse next Thursday afternoon to see how the courts treat medical marijuana, please join me. Believe me, it is a learning experience!
If you do not have time, are far away, or have to work, perhaps you could make a phone call on my behalf, I would greatly appreciate it. The person to call is District Attorney - head of Narcotics Steve Walters at (619)531-3784. He is a very reasonable individual and I am sure he will consider your input. You do need to have anything brilliant to say. Feel free to say whatever is on your mind, and please include a request to drop the pending medical marijuana case against Donna Lambert (ACL004). Thank You very much.
Donna Lambert
Saturday, August 22, 2009
CHULA VISTA - Medical Cannabis Forum - Aug 27 5:30pm
Medicinal Cananbis Forum
Hottest debate topic in Chula Vista is whether to approve medicinal cannabis dispensaries. Five civic groups sponsor forum with speakers from various perspectives, including dispensary owners, police, health department, with question-and-answer period to follow. 619-307-3460.
Chula Vista Civic Center Library
365 F Street
Chula Vista, CA 91910
619-691-5069
Get Directions
Thursday, Aug. 27 - 5:30 p.m. to 7:45 p.m.
Admission: Free
Thursday, August 20, 2009
JOSEPH MALONE - COURT UPDATE - TRIAL SET FOR OCT 2
Today Joseph Malone went to court to begin the trial in his medical cannabis case. In light of the fact that he relevied his attorney a short period of time prior to today's hearing, the judge approved a continuance of his trial to October 2, 2009.
Please join Joseph in court on October 2 in Department 11 at 8:15 am. From Department 11 he will be assigned out to another courtroom.
www.safeaccesssd.org
COURT SUPPORT - JOSEPH MALONE - TODAY
Please come out for Court Support Today!
8/20/2009 - Department 11 - 8:15am
San Diego Superior Court
220 W Broadway San Diego, CA 92101
Wednesday, August 19, 2009
CA Appeals Court: storefront dispensaries may operate legally as collectives or cooperatives
---------- Forwarded message ----------
From: Dale Gieringer <dale@canorml.org>
Date: Wed, Aug 19, 2009 at 10:06 AM
Subject: CALCBC: CA Appeals Court: storefront dispensaries may operate legally as collectives or cooperatives
To: calcbclist@norml.net
In an important decision regarding a
Riverside medical cannabis dispensary, People v
Hochanadel, the CA 4th District Appeals Court
ruled that storefront dispensaries may operate
legally as non-profit collectives or
cooperatives. At the same time, however, the
court ruled that the dispensary in question did
NOT legally qualify as a "primary caregiver"
under Prop. 215.
The decision confirms Cal NORML's legal
advice that dispensaries should organize as
collectives/cooperatives, NOT caregivers.
http://www.canorml.org/prop/collectivetips.html
- D. Gieringer
>
> People v Hochanadel (filed 8/18/09) Fourth Dist.
>
> http://www.courtinfo.ca.gov/opinions/documents/D054743.PDF
>
>We also conclude that storefront
>dispensaries that qualify as "cooperatives" or
>"collectives" under the CUA and MMPA,
>and otherwise comply with those laws, may
>operate legally, and defendants may have a
>defense at trial to the charges in this case
>based upon the CUA and MMPA. We further
>conclude, however, that the court erred in
>finding that CannaHelp qualified as a primary
>caregiver under the CUA and MMPA
---------------------------------------------------------------------------
> Fantastic decision clears up much of the issues in this area of law.
>
> Bill
>
> People v Hochanadel (filed 8/18/09) Fourth Dist.
>
> http://www.courtinfo.ca.gov/opinions/documents/D054743.PDF
>
> SB 420 did not amend the CUA, but was enacted to facilite
> the transfer by members of cooperatives and collectives,
> however, no storefront or operator may qualify as a caregiver.
>
> Storefronts if operated for no profit & per AG Guidelines are immune
> to prosecution.
>
> Note the AG didn't participate in this appeal, he must have agreed
> in part with the trial court.
>
> Enjoy, Bill McPike
Thanks, Bill.
It's an interesting decision with a good deal of explicit support for
legality of collectively or cooperatively operated MCD's.
It seems a bit of a mixed bag for the two manager/owners as their
standing to challenge the search warrant was dependent on being part
owners.
If the DA from their jurisdiction (seems likely in Riverside)
attempts re-trial the court's finding that the def's were part owners
cuts both ways. Neither collectives or cooperatives have owners per
se, a characteristic of businesses operated as proprietorships or
partnerships.
Ôøº
---------------------------------------------------------------------------
Attachment: http://drugsense.org/temp/Nur5l1JjcOc9.html
Attachment: http://drugsense.org/temp/D054743_Hochanadel.PDF
Attachment: http://drugsense.org/temp/25JqQwcmGnK4.html
--
Dale Gieringer - dale@canorml.org
California NORML, 2215-R Market St. #278, San
Francisco CA 94114 -(415) 563- 5858 -
www.canorml.org
---------------------------------------------------------------------------
Attachment: http://norml.net/attached/15K5bfEhnmITM.html
From: Dale Gieringer <dale@canorml.org>
Date: Wed, Aug 19, 2009 at 10:06 AM
Subject: CALCBC: CA Appeals Court: storefront dispensaries may operate legally as collectives or cooperatives
To: calcbclist@norml.net
In an important decision regarding a
Riverside medical cannabis dispensary, People v
Hochanadel, the CA 4th District Appeals Court
ruled that storefront dispensaries may operate
legally as non-profit collectives or
cooperatives. At the same time, however, the
court ruled that the dispensary in question did
NOT legally qualify as a "primary caregiver"
under Prop. 215.
The decision confirms Cal NORML's legal
advice that dispensaries should organize as
collectives/cooperatives, NOT caregivers.
http://www.canorml.org/prop/
- D. Gieringer
>
> People v Hochanadel (filed 8/18/09) Fourth Dist.
>
> http://www.courtinfo.ca.gov/
>
>We also conclude that storefront
>dispensaries that qualify as "cooperatives" or
>"collectives" under the CUA and MMPA,
>and otherwise comply with those laws, may
>operate legally, and defendants may have a
>defense at trial to the charges in this case
>based upon the CUA and MMPA. We further
>conclude, however, that the court erred in
>finding that CannaHelp qualified as a primary
>caregiver under the CUA and MMPA
------------------------------
> Fantastic decision clears up much of the issues in this area of law.
>
> Bill
>
> People v Hochanadel (filed 8/18/09) Fourth Dist.
>
> http://www.courtinfo.ca.gov/
>
> SB 420 did not amend the CUA, but was enacted to facilite
> the transfer by members of cooperatives and collectives,
> however, no storefront or operator may qualify as a caregiver.
>
> Storefronts if operated for no profit & per AG Guidelines are immune
> to prosecution.
>
> Note the AG didn't participate in this appeal, he must have agreed
> in part with the trial court.
>
> Enjoy, Bill McPike
Thanks, Bill.
It's an interesting decision with a good deal of explicit support for
legality of collectively or cooperatively operated MCD's.
It seems a bit of a mixed bag for the two manager/owners as their
standing to challenge the search warrant was dependent on being part
owners.
If the DA from their jurisdiction (seems likely in Riverside)
attempts re-trial the court's finding that the def's were part owners
cuts both ways. Neither collectives or cooperatives have owners per
se, a characteristic of businesses operated as proprietorships or
partnerships.
Ôøº
------------------------------
Attachment: http://drugsense.org/temp/
Attachment: http://drugsense.org/temp/
Attachment: http://drugsense.org/temp/
--
Dale Gieringer - dale@canorml.org
California NORML, 2215-R Market St. #278, San
Francisco CA 94114 -(415) 563- 5858 -
www.canorml.org
------------------------------
Attachment: http://norml.net/attached/
Tuesday, August 18, 2009
SDNN - A More Perfect Union - NEW POST - Tuesday August 18, 2009
A More Perfect Union - SDNN.com - Eugene Davidovich: Proving my medical marijuana case
August 18, 2009
As news of Operation Green Rx, its questionable methods of execution, and the fraudulent manner in which it was announced, spreads through District Attorney Bonnie Dumanis’ constituent base, a lot of supporters have stepped forward to condemn the operation and the tactics used. Even elected officials are beginning to recognize that the operation was a colossal waste and misuse of power. In a recent conversation I had on Facebook with state Assemblymember Lori Saldaña (D-San Diego), she labeled Operation Green Rx as “monumentally unjust.”
Operation Green Rx is an ongoing investigation, part of Bonnie Dumanis’ “fierce fight” against medical marijuana in San Diego. As part of the operation our San Diego police detectives went to a local doctor, lied about their symptoms, condition, and identity and obtained recommendations for medical cannabis. They then proceeded to join all the collectives listed on the CA NORML Web site with the intent of shutting them down.
In February of this year approximately a dozen houses were raided, patients arrested and then lumped in with other drug cases which had nothing to do with medical cannabis.
Shortly after the raids in February, President Obama issued a statement announcing the end of federal participation in raids on legitimate state medical cannabis patients, collectives and co-ops. One would think that a message like that from our President would resonate with the DA’s office. Unfortunately it did not.
Less than a month ago, as a part of the continuing “Operation Green Rx”, detectives — who are trained by the California Narcotic Officers Association that marijuana is not medicine — again went to a local doctor, lied about their symptoms and obtained medical cannabis recommendations. This cycle of lies seems to be happening every few months.
Thirteen years of repression here in San Diego has caused a lot of pent up demand for medical cannabis facilities in town. Patients seem not to care about the DA’s stance on the issue, and as you may have noticed this “fierce fight” has not prevented medical cannabis collectives and coops from opening up throughout the city. In fact it has encouraged them. Since February, in San Diego more facilities where patients can obtain their medicine have opened than ever existed before.
As Dumanis wages her fierce fight against medical cannabis in San Diego, the federal government is preparing to expand their already existing medical cannabis growing program. Last week, in an article titled “ObamaCare’s Medical Marijuana,”Rachel Ehrenfeld outlined the Federal Government’s request for proposals for medical cannabis cultivators.
She writes: “The National Institute on Drug Abuse (NIDA) is venturing into the distribution and production of marijuana cigarettes. According to the August 5 solicitation for proposals, the selected organizations will be controlled by the Drug Enforcement Administration (DEA), and will have to comply with FDA regulations.”
This a renewal contract for the already existing federal medical cannabis growing contract in place with the University of Mississippi.
In a follow up article titled “The Case For Medical Marijuana,” Bruce Mirken of MPP writes “Since 1978, actually. The federal government has been distributing medical marijuana to a small group of patients for more than three decades via a program known as an IND (for ‘investigational new drug’). This program has been covered in the media from time to time, and still exists, although it was closed to new enrollment by President George H.W. Bush in 1992. It’s not exactly a state secret.”
Mikern also mentions that “there is a wealth of research that documents marijuana’s medical efficacy and safety, and a vast array of medical and public health organizations that have recognized marijuana’s medical potential.”
Related Links:More by Eugene|More marijuana stories|More politics
The federal government is ramping up for medical cannabis production and California is preparing for the passage of any one of several pro-cannabis initiatives. But in a state where medical cannabis has been legal for over 13 years now — San Diego’s misguided district attorney is still “fighting fiercely against it.”
I agree with Saldaña and the hundreds of people I spoke to about Operation Green Rx. This “fierce fight” is monumentally unjust, a waste or our taxpayer dollars, is illegal, and must end. The misconduct in this operation should be publicly known and the people responsible held accountable.
In response to the continued harassment and this fierce fight, patients, collectives, and coops in town have united to launch the Stop Operation Green Rx campaign, an effort to draw attention to the issue, end these continued illegal prosecutions, and prevent more raids.
Constituents are now writing letters to the State Bar of California to complain about the District Attorney’s unethical practices and her violations of the rules of professional conduct. Calls, email, and letters are now pouring in to the Citizens Review Board on police practices with complaints against the conduct of the detectives in this operation, and the Grand Jury on a daily basis is being asked to investigate this waste, fraud, and abuse.
Will the charges be dropped and the operation stopped? Or are we in for another colossal waste in the DA’s bi-annual round of raids on medical cannabis patients?
Help Stop Operation Green Rx, join the cause on Facebook and read the Operation Green Rx blog for the latest.
Did you vote for Prop 215? Help Stop Operation Green Rx
VOLUNTEERS NEEDED!
HELP STOP OPERATION GREEN RX, JOIN THE CAMPAIGN TODAY!
Operation Green Rx is an ongoing investigation part of San Diego District Attorney Bonnie Dumanis' “fierce fight” against medical marijuana. As part of the operation our San Diego police detectives went to a local doctor, lied about their symptoms, condition, identity and obtained recommendations for medical cannabis. They then proceeded to join all the medical cannabis collectives and coops listed on the CA NORML website with the intent of shutting them down. In February of this year approximately a dozen houses were raided and people arrested, then lumped in with other drug cases which had nothing to do with medical cannabis, and the operation titled “Endless Summer” and announced as a success in eradicating drug dealing from Navy bases.
Less than a month ago, as a part of this continuing “Operation Green Rx”, more detectives trained by the California Narcotic Officers Association that marijuana is not medicine, went to a local doctor, lied about their symptoms, condition, and obtained medical cannabis recommendations.
In response the continued attack and harassment of medical cannabis patients in San Diego, patients, are organizing a campaign to Stop Operation Green Rx.
Help stop the illegal operation and join the campaign. We are looking for volunteers to fill the following positions:
Public Relations / Outreach
Legal Coordinator
Fundraising Coordinator
IT Specialist
Please email eugene.davidovich@gmail.com with your name, phone number, a brief description of your skill set, and hours per week able to contribute.
Join the cause on Facebook at http://www.causes.com/operationgreenrx
Read the Operation Green Rx blog for the latest http://www.operationgreenrx.blogspot.com
HELP STOP OPERATION GREEN RX, JOIN THE CAMPAIGN TODAY!
Operation Green Rx is an ongoing investigation part of San Diego District Attorney Bonnie Dumanis' “fierce fight” against medical marijuana. As part of the operation our San Diego police detectives went to a local doctor, lied about their symptoms, condition, identity and obtained recommendations for medical cannabis. They then proceeded to join all the medical cannabis collectives and coops listed on the CA NORML website with the intent of shutting them down. In February of this year approximately a dozen houses were raided and people arrested, then lumped in with other drug cases which had nothing to do with medical cannabis, and the operation titled “Endless Summer” and announced as a success in eradicating drug dealing from Navy bases.
Less than a month ago, as a part of this continuing “Operation Green Rx”, more detectives trained by the California Narcotic Officers Association that marijuana is not medicine, went to a local doctor, lied about their symptoms, condition, and obtained medical cannabis recommendations.
In response the continued attack and harassment of medical cannabis patients in San Diego, patients, are organizing a campaign to Stop Operation Green Rx.
Help stop the illegal operation and join the campaign. We are looking for volunteers to fill the following positions:
Public Relations / Outreach
Legal Coordinator
Fundraising Coordinator
IT Specialist
Please email eugene.davidovich@gmail.com with your name, phone number, a brief description of your skill set, and hours per week able to contribute.
Join the cause on Facebook at http://www.causes.com/operationgreenrx
Read the Operation Green Rx blog for the latest http://www.operationgreenrx.blogspot.com
Monday, August 17, 2009
Law Enforcement Concerns about Medical Marijuana - COMMENTS NEEDED
According to a recent survey of several cities located in California, the major concerns regarding medical marijuana for law enforcement include:
- It violates Federal Law
- Street dealers selling at lower prices to entice patients away from dispensaries
- Non-residents coming into the city to purchase marijuana
- Marijuana DUI by people who have obtained drug from the dispensary
- Neighboring businesses have experienced a loss of customers
- Increase in unreported crime to avoid negative publicity to the dispensary
- Problem of patients selling to non-patients
- Documented cases of robbery outside marijuana dispensaries
- Dispensaries create alternative methods to sell products-such as food items
- Complaints from patients that other illegal drugs are being sold from dispensary
- Marijuana dispensaries perpetuate a sub-culture that openly supports behavior consistent with criminal activity and publishes instructional material on the web
- Management from an established dispensary told police that they cannot keep the criminal element out.
Please send your comments / rebuttals on the above soncerns to info@nugmag.com or post your comments here. A compilation of the best comments will be published in the next issue!
For more information on the magazine, check out: www.nugmag.com
Escondido (San Diego) Medical Cannabis BAN
Escondido (San Diego) has passed an outwright BAN on (dispensaries, collectives, and coops) refuses to study the issue.
According to Americans For Save Access, outwright bans are illegal, and cities that pass them are setting themselves up for lawsuits.
According to Americans For Save Access, outwright bans are illegal, and cities that pass them are setting themselves up for lawsuits.
Watch the Fox 5 video and interview with Stephen Wheeler of Escondido.:
http://www.fox5sandiego.com/videobeta/watch/?watch=899c18e5-b235-4f9a-b541-30a494a18d44&src=front
http://www.fox5sandiego.com/videobeta/watch/?watch=899c18e5-b235-4f9a-b541-30a494a18d44&src=front
Imperial Beach vs. Sounth Bay Organic Coop
Marcus Boyd a San Diego County resident recently applied with the city of Imperial Beach in San Diego for a medical cannabis coop "Southbay Organic Coop" below is an email Americans for Safe Access San Diego Chapter received detailing his struggle to obtain a legitimate business licence:
By: Marcus Boyd
Below are the Imperial Beach City Council Meeting Agenda items 6.6 for our Co-Op land use appeal and 3.1 to place a moratorium on any collective or cooperative in the city. In the 6.6 Agenda Item Staff Report the city staff outright lies, gets caught and then is completely exposed and totally admonished by my follow up request and land use appeal (see below).
If you or any of your friends or readers can offer any suggestions, insight, assistance, press coverage or… anything… please do! Can we have a web discussion or something to get others to read and offer help?
Thank you,
Marcus Boyd
……
I am writing today to respectfully request the withdrawal of my Request for Continuance. Moreover, I request consideration of the agenda order of the land use appeal item, specifically; I request the land use appeal be heard prior to the moratorium item for the following reasons:
(1) Establish land use approval prior to moratorium:
The request for a business license was contingent on land use approval; I respectfully request a fair chance to appeal the land use decision prior to any preemptive moratorium on the land use.
(2) Material misrepresentation in the 6.6 Staff Report:
Written in the 6.6 Staff Report, signed by Mr. Foltz, distributed to the general public and council members is an assertion that South Bay Organic Co-Op "may be in violation of state laws", apparently because...."there is no specific confirmation that the cooperative is duly organized and registered as a cooperative". However, confirmation was never requested by the city staff, if confirmation had been requested, Articles of Incorporation and any other requested "specific confirmation" would have been provided.
Please be advised, throughout the land use determination process, there remained, open communication via several emails and phone calls to and from myself and city staff, Tyler Foltz, in which Mr. Foltz asked for and was provided with all requested information; in fact, additional information was provided, thought relevant for our land use determination. At no time did the city staff request information that was not promptly provided.
Clearly, portions of the 6.6 Staff Report were purposefully written maliciously to unjustly represent the cooperative as illegitimate and illegal, based on a “confirmation” that was not requested or, by law even required until the cooperative actually began operating a business and “facilitating transactions”.
(3) Deliberate Deception in the 6.6 Staff Report with additional use of a play-on-words:
Whereby the staff report wordplays "means for facilitating or coordinate transactions between the members of the cooperative" to not mean "sell or sold". However, the statement used in the Staff Report was a “staff modified” excerpt of a pivotal paragraph found in the Attorney General's guidelines, the correct full text reads... "Cooperatives should not purchase marijuana from, or sell to, non-members; instead, they should only provide a "means" for facilitating or coordinating transactions between members.”
Additionally, Section D of the same guideline is entirely devoted to the "Taxability of Medical Marijuana Transactions".
Common sense tells us that "transactions" means "sales" if the transactions are subject to state sales tax! Subsequently, the use of the word “sell or sold” on the Business Tax Certificate Application does not negate or by any means detour from the non-profit or legality status of the cooperative, but rather is used to simplify the excerpt “means for facilitating or coordinating transactions” without the use of wordplay.
Please review carefully the 6.6 Staff Report and reason clearly in your mind why there was a strategic replacement of the pivotal word “MEANS” with the word “MERELY”. The word replacement noticeably misrepresents the cooperative to the city council and makes it appear as though the cooperative is operating illegally, when in actuality, the cooperative is not “in violation of state law” and is in full compliance and in accordance with state laws and guidelines. The 6.6 Staff Report replaces the pivotal word, “MEANS”, as an intentional attempt to mislead and misguide the city council, circumvent the will of the voters and to rewrite the California Attorney General’s guidelines with the ultimate goal of defending and upholding the land use determination with deliberate deception.
(4) Ex post facto; Proposition 215 is the law and is currently in use in the City of Imperil Beach:
Very much like Council Members, Prop 215 was "voted in" by the people. Any act of “voting out” Proposition 215, ex post facto, 13 years after the law was passed and while legal “collectives” currently exist in the city of Imperial Beach, without the city council allowing to fully hear an opposing side to the issue and the land use appeal prior to the 3.1 item vote would be unjust, unfair, un-American and completely thwarting the will of the voters and turning a deaf ear to the sick and dying patients who are unable to make a stand and speak for themselves.
Please process and consider this request with urgency
APPEAL OF LAND USE DETERMINATION TO CITY COUNCIL
Choosing to enact a ban on legally formed collectives and cooperatives has been found to be unlawful by California courts. Subsequently, any moratorium should be used to regulate the land use as opposed to attempting to ban the land use. Allowing at least one cooperative to exist in the city for monitoring and reporting purposes would definitely provide reliable, untainted "real data" to the city council for consideration and would prevent the law and the will of the voters from being circumvented.
Council Members, please imagine for a moment that you are a sick and dying patient who found relief in the effects of medical cannabis and your only safe legal access is voted away from you, ex post facto and without defense of your legal right or your voiced opinions about the benefits of the legal collective being heard prior to the vote. Or, imagine being voted in to your city council seat, but with a 4/5th's vote from the other Council Members you are prevented from taking or retaining your seat. Would that seem like a fair or due process to you?
The city staff has used deliberate deception, material misrepresentation and ex post facto to railroad and virtually slander the cooperative in the 6.6 Staff Report, all the while unfairly portraying a legitimate, legally formed group of patients as a group of nothing more than illicit drug dealers, furthermore, our appeal was not given forthright representation by city staff or fair due process in order to “find that this appeal is moot”. The city council members were instead given a 6.6 Staff Report absent of honest, valid due diligence reasons to uphold the land use determination. The deliberate deception, material misrepresentation and ex post facto used by the city staff should be grounds to find the Staff Report to be moot.
At this point in the land use determination, it is abundantly clear that the city staff has placed blind trust in, and is echoing the same misrepresenting, misguiding, misinformation campaign that has been provided by the same group of San Diego County medical marijuana prohibitionists that failed miserably at preventing the issuance of the San Diego County Medical Marijuana ID Card Program all the way through the California Supreme Court.
The same prohibitionists have been using verbiage similar to the wordplay verbiage made evident in the 6.6 Staff Report in order to willfully confuse local area city councils and circumvent the will of the voters countywide. It appears that although the President of the United States and US Attorney General have officially ordered an end to federal raids on state legalized medical cannabis patients and facilities, there are a still local anti-medical marijuana solders, in high positions, that have not stopped fighting, in part by relying on falsehoods to attack the credibility of opponents.
The prolonged fight by the county prohibitionists has taken on a mis-guiding, mis-leading, and outright desperate approach. With all due respect, the intentionally fabricated attack on the character of South Bay Organic Co-Op by the 6.6 Staff Report is similar in nature to how a guilty rapist defends rape charges when faced with a jury trial, by attacking the victim’s credibility and intent. The cooperative did nothing to deserve an attack to our credibility or intent, other than appeal the land use determination with a strong, legally backed, voter-approved law and guideline.
As some Council Members are aware, I approached you early-on in this land use determination to introduce myself and to outline my intentions with regard to the cooperative, additionally; there is at least one council member that has known me personally for many years as a Palm Avenue, Imperial Beach business owner, a repeat PTA Board Member and lead volunteer at one of our local schools. I do not have a criminal record, nor do I have a criminal mind or a criminal heart and I am not a criminal by California law, I also do not intend to break any laws in this city or state.
I, in fact, agree with most of the reasons outlined in the 3.1 Staff Report that seek to pass a moratorium. Many of the same reasons are why I became involved in the formation of South Bay Organic Co-Op. I too would like to eradicate “dispensaries” like those mentioned in the 3.1 Staff Report that are causing bad publicity that negatively reflects on the collectives and cooperatives that operate within the law and far above the expectations of the critics and the medical marijuana prohibitionists alike.
The bylaws for South Bay Organic Co-Op Board of Directors currently, tentatively include one open, voting seat for the City of Imperial Beach. The founding board members and I feel very strongly about non-diversion and strict patient membership guidelines and think the city would offer helpful ideas with regard to the initial planning and the ongoing operations of South Bay Organic Co-Op.
The overall non-profit plan for the South Bay Organic Cooperative is not at all like the “dispensaries” referred to in the Agenda Item 3.1 Staff Report. I feel you should know that, at a large expense to the cooperative, the cooperative has begun working with the co-founder of Americans for Safe Access (ASA), Mr. Don Duncan of Harborside Management Associates. Mr. Duncan was instrumental in the writing of the Oakland City Ordinance, the West Hollywood City Ordinance and the Attorney General’s Guidelines. The cooperative is retaining Harborside specifically because we would like to model the cooperative after non-profit organizations like those of Harborside. Harborside locations currently operate successfully, honestly and respectfully through California and offer a very different Staff Report about how their neighbors and cities feel about having a generous non-profit in their community.
The city council should be made aware that there are highly regarded non-profit organizations who are not mentioned in the 3.1 Staff Report and who are contributing a great deal to their communities by adding jobs during a struggling economy and providing financial support through non-profit donations to the financially strapped neighborhoods where they are located. I would very much like to work with the city council on drafting strict ordinance regarding the land use that could, by precedence, include significant additional city revenue by way of a city tax similar to Oakland’s $18 per $1,000 of sales/”transactions”.
The 6.6 Staff Report fabrication, replacement and misrepresentation of the California Attorney General’s guideline wording should not be ignored by the city council. Instead, the council should use the report as a constant reminder that other legal viewpoints regarding this particular land use issue must be earnestly considered.
It would only be logical for the city council to approve and provided for the opportunity to hear the legitimate “other side” of Agenda Item 3.1 by acting on Agenda Item 6.6 before acting on item 3.1 with an Urgency Measure, considering Proposition 215 passed in 1996, SB 420 passed in 2003 and the California Attorney General’s Guidelines were released August 2008. The only “urgency” is that my land use appeal item is on the same day.
Acting on 6.6 prior to 3.1 would be fair to the cooperative that caused the item to be on the agenda and the collectives that are already established in Imperial Beach, not to mention the voters who voted for Prop 215 so many years ago.
It has been said, “There are three sides to every story, your side, my side and the truth.” You’ll need to hear my side too, to help you in this land use determination.
I remain at your service,
Marcus Boyd
By: Marcus Boyd
Below are the Imperial Beach City Council Meeting Agenda items 6.6 for our Co-Op land use appeal and 3.1 to place a moratorium on any collective or cooperative in the city. In the 6.6 Agenda Item Staff Report the city staff outright lies, gets caught and then is completely exposed and totally admonished by my follow up request and land use appeal (see below).
If you or any of your friends or readers can offer any suggestions, insight, assistance, press coverage or… anything… please do! Can we have a web discussion or something to get others to read and offer help?
Thank you,
Marcus Boyd
……
I am writing today to respectfully request the withdrawal of my Request for Continuance. Moreover, I request consideration of the agenda order of the land use appeal item, specifically; I request the land use appeal be heard prior to the moratorium item for the following reasons:
(1) Establish land use approval prior to moratorium:
The request for a business license was contingent on land use approval; I respectfully request a fair chance to appeal the land use decision prior to any preemptive moratorium on the land use.
(2) Material misrepresentation in the 6.6 Staff Report:
Written in the 6.6 Staff Report, signed by Mr. Foltz, distributed to the general public and council members is an assertion that South Bay Organic Co-Op "may be in violation of state laws", apparently because...."there is no specific confirmation that the cooperative is duly organized and registered as a cooperative". However, confirmation was never requested by the city staff, if confirmation had been requested, Articles of Incorporation and any other requested "specific confirmation" would have been provided.
Please be advised, throughout the land use determination process, there remained, open communication via several emails and phone calls to and from myself and city staff, Tyler Foltz, in which Mr. Foltz asked for and was provided with all requested information; in fact, additional information was provided, thought relevant for our land use determination. At no time did the city staff request information that was not promptly provided.
Clearly, portions of the 6.6 Staff Report were purposefully written maliciously to unjustly represent the cooperative as illegitimate and illegal, based on a “confirmation” that was not requested or, by law even required until the cooperative actually began operating a business and “facilitating transactions”.
(3) Deliberate Deception in the 6.6 Staff Report with additional use of a play-on-words:
Whereby the staff report wordplays "means for facilitating or coordinate transactions between the members of the cooperative" to not mean "sell or sold". However, the statement used in the Staff Report was a “staff modified” excerpt of a pivotal paragraph found in the Attorney General's guidelines, the correct full text reads... "Cooperatives should not purchase marijuana from, or sell to, non-members; instead, they should only provide a "means" for facilitating or coordinating transactions between members.”
Additionally, Section D of the same guideline is entirely devoted to the "Taxability of Medical Marijuana Transactions".
Common sense tells us that "transactions" means "sales" if the transactions are subject to state sales tax! Subsequently, the use of the word “sell or sold” on the Business Tax Certificate Application does not negate or by any means detour from the non-profit or legality status of the cooperative, but rather is used to simplify the excerpt “means for facilitating or coordinating transactions” without the use of wordplay.
Please review carefully the 6.6 Staff Report and reason clearly in your mind why there was a strategic replacement of the pivotal word “MEANS” with the word “MERELY”. The word replacement noticeably misrepresents the cooperative to the city council and makes it appear as though the cooperative is operating illegally, when in actuality, the cooperative is not “in violation of state law” and is in full compliance and in accordance with state laws and guidelines. The 6.6 Staff Report replaces the pivotal word, “MEANS”, as an intentional attempt to mislead and misguide the city council, circumvent the will of the voters and to rewrite the California Attorney General’s guidelines with the ultimate goal of defending and upholding the land use determination with deliberate deception.
(4) Ex post facto; Proposition 215 is the law and is currently in use in the City of Imperil Beach:
Very much like Council Members, Prop 215 was "voted in" by the people. Any act of “voting out” Proposition 215, ex post facto, 13 years after the law was passed and while legal “collectives” currently exist in the city of Imperial Beach, without the city council allowing to fully hear an opposing side to the issue and the land use appeal prior to the 3.1 item vote would be unjust, unfair, un-American and completely thwarting the will of the voters and turning a deaf ear to the sick and dying patients who are unable to make a stand and speak for themselves.
Please process and consider this request with urgency
APPEAL OF LAND USE DETERMINATION TO CITY COUNCIL
Choosing to enact a ban on legally formed collectives and cooperatives has been found to be unlawful by California courts. Subsequently, any moratorium should be used to regulate the land use as opposed to attempting to ban the land use. Allowing at least one cooperative to exist in the city for monitoring and reporting purposes would definitely provide reliable, untainted "real data" to the city council for consideration and would prevent the law and the will of the voters from being circumvented.
Council Members, please imagine for a moment that you are a sick and dying patient who found relief in the effects of medical cannabis and your only safe legal access is voted away from you, ex post facto and without defense of your legal right or your voiced opinions about the benefits of the legal collective being heard prior to the vote. Or, imagine being voted in to your city council seat, but with a 4/5th's vote from the other Council Members you are prevented from taking or retaining your seat. Would that seem like a fair or due process to you?
The city staff has used deliberate deception, material misrepresentation and ex post facto to railroad and virtually slander the cooperative in the 6.6 Staff Report, all the while unfairly portraying a legitimate, legally formed group of patients as a group of nothing more than illicit drug dealers, furthermore, our appeal was not given forthright representation by city staff or fair due process in order to “find that this appeal is moot”. The city council members were instead given a 6.6 Staff Report absent of honest, valid due diligence reasons to uphold the land use determination. The deliberate deception, material misrepresentation and ex post facto used by the city staff should be grounds to find the Staff Report to be moot.
At this point in the land use determination, it is abundantly clear that the city staff has placed blind trust in, and is echoing the same misrepresenting, misguiding, misinformation campaign that has been provided by the same group of San Diego County medical marijuana prohibitionists that failed miserably at preventing the issuance of the San Diego County Medical Marijuana ID Card Program all the way through the California Supreme Court.
The same prohibitionists have been using verbiage similar to the wordplay verbiage made evident in the 6.6 Staff Report in order to willfully confuse local area city councils and circumvent the will of the voters countywide. It appears that although the President of the United States and US Attorney General have officially ordered an end to federal raids on state legalized medical cannabis patients and facilities, there are a still local anti-medical marijuana solders, in high positions, that have not stopped fighting, in part by relying on falsehoods to attack the credibility of opponents.
The prolonged fight by the county prohibitionists has taken on a mis-guiding, mis-leading, and outright desperate approach. With all due respect, the intentionally fabricated attack on the character of South Bay Organic Co-Op by the 6.6 Staff Report is similar in nature to how a guilty rapist defends rape charges when faced with a jury trial, by attacking the victim’s credibility and intent. The cooperative did nothing to deserve an attack to our credibility or intent, other than appeal the land use determination with a strong, legally backed, voter-approved law and guideline.
As some Council Members are aware, I approached you early-on in this land use determination to introduce myself and to outline my intentions with regard to the cooperative, additionally; there is at least one council member that has known me personally for many years as a Palm Avenue, Imperial Beach business owner, a repeat PTA Board Member and lead volunteer at one of our local schools. I do not have a criminal record, nor do I have a criminal mind or a criminal heart and I am not a criminal by California law, I also do not intend to break any laws in this city or state.
I, in fact, agree with most of the reasons outlined in the 3.1 Staff Report that seek to pass a moratorium. Many of the same reasons are why I became involved in the formation of South Bay Organic Co-Op. I too would like to eradicate “dispensaries” like those mentioned in the 3.1 Staff Report that are causing bad publicity that negatively reflects on the collectives and cooperatives that operate within the law and far above the expectations of the critics and the medical marijuana prohibitionists alike.
The bylaws for South Bay Organic Co-Op Board of Directors currently, tentatively include one open, voting seat for the City of Imperial Beach. The founding board members and I feel very strongly about non-diversion and strict patient membership guidelines and think the city would offer helpful ideas with regard to the initial planning and the ongoing operations of South Bay Organic Co-Op.
The overall non-profit plan for the South Bay Organic Cooperative is not at all like the “dispensaries” referred to in the Agenda Item 3.1 Staff Report. I feel you should know that, at a large expense to the cooperative, the cooperative has begun working with the co-founder of Americans for Safe Access (ASA), Mr. Don Duncan of Harborside Management Associates. Mr. Duncan was instrumental in the writing of the Oakland City Ordinance, the West Hollywood City Ordinance and the Attorney General’s Guidelines. The cooperative is retaining Harborside specifically because we would like to model the cooperative after non-profit organizations like those of Harborside. Harborside locations currently operate successfully, honestly and respectfully through California and offer a very different Staff Report about how their neighbors and cities feel about having a generous non-profit in their community.
The city council should be made aware that there are highly regarded non-profit organizations who are not mentioned in the 3.1 Staff Report and who are contributing a great deal to their communities by adding jobs during a struggling economy and providing financial support through non-profit donations to the financially strapped neighborhoods where they are located. I would very much like to work with the city council on drafting strict ordinance regarding the land use that could, by precedence, include significant additional city revenue by way of a city tax similar to Oakland’s $18 per $1,000 of sales/”transactions”.
The 6.6 Staff Report fabrication, replacement and misrepresentation of the California Attorney General’s guideline wording should not be ignored by the city council. Instead, the council should use the report as a constant reminder that other legal viewpoints regarding this particular land use issue must be earnestly considered.
It would only be logical for the city council to approve and provided for the opportunity to hear the legitimate “other side” of Agenda Item 3.1 by acting on Agenda Item 6.6 before acting on item 3.1 with an Urgency Measure, considering Proposition 215 passed in 1996, SB 420 passed in 2003 and the California Attorney General’s Guidelines were released August 2008. The only “urgency” is that my land use appeal item is on the same day.
Acting on 6.6 prior to 3.1 would be fair to the cooperative that caused the item to be on the agenda and the collectives that are already established in Imperial Beach, not to mention the voters who voted for Prop 215 so many years ago.
It has been said, “There are three sides to every story, your side, my side and the truth.” You’ll need to hear my side too, to help you in this land use determination.
I remain at your service,
Marcus Boyd
Saturday, August 15, 2009
IT IS TIME FOR ALL CITIZENS TO WATCH THEIR OWN LOCAL GOVERNMENT!
By: Donna Lambert
August 14, 2009 the San Diego Zoning Commission passed an ordinance recommended by the County Board, District Attorney Bonnie Dumanis and former Sheriff Bill Kolender.
"An Ordinance Amending the Zoning Ordinance to Prohibit Non-Medical Marijuana Dispensaries; POD 09-007; Countywide (Farace)
On June 23, 2009 (20), the Board of Supervisors directed the Chief Administrative Officer to amend the Zoning Ordinance to prohibit illegal medical marijuana dispensaries from operating within the unincorporated area of the County. At this time, the County Zoning Ordinance does not specifically address these businesses. The proposed Zoning Ordinance Amendment would prohibit the establishment and operation of non-medical marijuana dispensaries within the unincorporated County."
The zoning commission stated that they could not think of another single incidence where they had a zoning ordinance prohibiting something that was already Illegal. This is a first for the San Diego zoning commission. And then they passed it!
The answer to the obvious question of WHY? lies with San Diego's long standing war on the state medical marijuana laws. The county attorney stated that the district attorney felt that this was one more "tool" that she could use...
This County Board and the District Attorneys office have steadfastly refused to acknowledge what IS legal. They arrest and prosecute indiscriminately anybody and everybody in the medical community who is unfortunate enough to cross their path.
Please call the District Attorneys office and leave a message for Bonnie Dumanis that the time has come for her to work in a postive way, with the medical marijuana community.. District attorney phone number is 619-531-4040.
The law states that we have rights to collectively associate and be exempt from all sales and sales related prosecutions. The AG guidelines set up models for collective distribution storefronts. Let your voice be heard!
Make a phone call today, this week. Put your rights high on your priority list. Tell them that you are registered to vote and you will vote them OUT of office if they do not start respecting our rights!
Donna Lambert
Pot Collective Sprouts In Retirement Community - Orange County
by DEBRA BAER
From: http://www.npr.org/templates/story/story.php?storyId=111783991&sc=fb&cc=fp
It's been more than a dozen years since California became the first state in the nation to legalize marijuana for medical use. In some California cities, cannabis dispensaries are springing up like, well, weeds.
But in more conservative communities, patients have a harder time finding legal marijuana. That difficulty has led a group of senior citizens in Orange County to start setting up a pot collective in their luxury retirement community.
http://www.npr.org/templates/story/story.php?storyId=111783991&sc=fb&cc=fp
Identifying A New Need
For decades, Leisure World's resort lifestyle has attracted retirees to its swimming pools and golf greens, tennis courts and dance halls. Resident Margo Bouer's passion is synchronized swimming.
"The water's magnificent," Bouer said. "I'm me in the water. This is what keeps me alive."
Bouer, 73, is one of the younger members of the Aquadettes, a synchronized swimming group in Laguna Woods, Calif. A retired nurse, she moved to Leisure World — also known as Laguna Woods Village — 16 years ago. For Bouer, water is more than fun — it means relief from multiple sclerosis.
In the water, she doesn't shake, or lose her balance, need a walker or worry about a new symptom that began last year.
"Suddenly, I'd have a wave of nausea," she said. "And from that wave, I'd vomit, and I'd vomit from the tip of my toes all the way up. And I had no clue as to what was going on."
In April, a physician neighbor encouraged Bouer to go to a meeting about medical marijuana. She says it was a stretch for her — a former psychiatric nurse whose generation considered cannabis little more than a gateway to harder drugs. But she went, and then she experimented.
"That night, I'm sitting out on my balcony," she recalled. "That wave of nausea came. I lit that pipe and I just held it in my mouth, afraid to even inhale. But I held it in my mouth, blew it out, like that," she said, inhaling and exhaling.
"I was so preoccupied: 'Now what's happened?'" she remembers thinking. "Well, what happened is that nothing happened, except that I wasn't nauseated."
Medical Background
Dr. Bill Schwied, 88, is the neighbor who encouraged Bouer to find out about cannabis.
"The only risk involved is the legal risk, which is very frightening to many doctors and patients," Schwied said.
There have not been enough studies conducted to evaluate the full medical risks of marijuana, especially on the elderly. There is risk of developing dependence on the drug. Both the American Medical Association and the National Multiple Sclerosis Society say there is a need for more research in the field. Meanwhile, 13 states now approve the medical use of marijuana. But the federal government still classifies the plant as an illegal "Schedule I" controlled substance, with no accepted medical use — a category it shares with cocaine and heroin.
But Schwied sees that marijuana has obvious benefits.
"I don't think it cures everything, but it's one approach in medicine that the medical profession has kind of ignored," he says.
The retired doctor and nurse have become vocal advocates for elderly use of medical marijuana. Since the spring, they've appeared publicly at community meetings.
Spreading The Word
Speaking at a recent forum, Margo described her own experience.
"For the first time, the nausea dissipated," she said. "I sat there and waited for it, and I felt relaxed and I thought, 'Well, it'll probably return during the night.' But guess what? I slept like a log."
EnlargeTodd Bigelow for NPR
Despite having to rely on a cane and a walker to help her get around due to multiple sclerosis, Margo Bouer takes part in synchronized swimming at the Laguna Woods Village clubhouse pool.
More than 200 seniors turned out for the panel discussion on medical marijuana at the retirement community this past June. No one spoke against it.
These days, getting a doctor's recommendation for medial marijuana is easy. It's getting the cannabis that can be a problem for the seniors. Laguna Woods passed an ordinance allowing dispensaries a year ago, but so far, retail property owners have refused to lease to any marijuana businesses.
So the retirees are forming their own non-profit medical marijuana collective. A small group of them has been meeting to study their options under the law.
At a recent session, one man suggested that the group distribute not merely doses of medical marijuana, but the plants themselves.
"We could give them these little plants that they could put on their balcony that won't take much room at all," he said, "and they would be able to have medicine available in like 60 days."
The Question: How Legal Is Legal?
While some dispensaries charge $20 a gram or $600 an ounce, the seniors say they want their collective to charge only enough to cover their costs. The Orange County District Attorney's office wouldn't comment on the legality of marijuana collectives.
The Laguna Woods collective is getting legal advice. But even if they follow the letter of California's law — which permits doctor-recommended use of cannabis, and allows patients to legally buy it, or grow their own — the retirees are still taking a risk, according to Don Duncan, California director for Americans for Safe Access.
"The federal government typically doesn't target medical cannabis patients," Duncan said. "But if one or more of these patients want to join together into a collective or cooperative, there is a substantial legal risk in providing that service to the community."
Duncan said that although he sees the risk as being lower under the Obama administration, "until the federal law changes, there's always a chance that somebody could be arrested or indicted."
That possibility doesn't deter Margo Bouer.
"I'll be a test case," she said. "What are they going to do, throw me in jail? A 73-year-old person with MS?"
If that happens, Bouer is likely to have a lot of elderly supporters. Her group recently held a community meeting to announce that the collective is forming. More than 70 people turned out.
http://www.npr.org/templates/story/story.php?storyId=111783991&sc=fb&cc=fp
Related NPR Stories
Friday, August 14, 2009
The raids continue - when will the policy change?
On Wednesday, August 12th, officers representing seven different law enforcement agencies conducted raids in Los Angeles on two medical marijuana dispensaries and the owner's home.
Please urge our President and Attorney General to stop this practice.
Dozens of officers representing the DEA, FBI, IRS, LA County Sheriff, and three city police departments executed the paramilitary style raids, which included helicopter air support. According to the Los Angeles Times, they even shot the dog.
While nothing yet is confirmed, ASA has learned that the raids may have been conducted over allegations of tax evasion and failure to pay workers' compensation. This does not seem to justify the presence of seven different law enforcement agencies. Despite California law and recent court decisions, are medical marijuana facilities still being singled out? Heavy-handed tactics like these seem to contradict the President's stated intentions of creating a new federal policy on medical marijuana.
From California cities to the Iowa Board of Pharmacy, more and more communities are taking the time to explore reasonable regulations facilitating access to medical marijuana. It is time for the federal government to follow suit.
Please urge President Obama and U.S. Attorney General Eric Holder to end DEA raids and develop a sensible national policy on medical marijuana.
Thank you for your help!
Sanjeev Bery
National Field Director
Americans for Safe Access
North County Americans For Safe Access Monthly Meeting Tonight August 14th 7pm
ASA North County - 7:00 p.m. Tonight!
1050 S Santa Fe Ave
Vista, CA 92084
Local San Diego Site - http://www.safeaccesssd.org/
Wednesday, August 12, 2009
Marijuana is NOT Medicine? Clarification Please!
By: Terrie Best, Campaign Manager
Stop Operation Green Rx
August, 12, 2009
I’m sure the doctors at University of California at San Diego’s (UCSD) Center for Medical Cannabis Studies (CMCS) would be amused to hear San Diego narcotics officers decree that marijuana is not medicine inasmuch as CMCS is paid by federal funds to find new and better ways to treat patients with it. The CMCS, a department of UCSD, perhaps the largest employer in San Diego, is housed near the Hillcrest UCSD Medical Center in the heart of Mission Hills. Its mission is to conduct high quality scientific studies intended to ascertain the general medical safety and efficacy of cannabis and cannabis products and examine alternative forms of cannabis administration. This is accomplished through focused controlled clinical trials, observational studies and randomized trials, which the center publishes and subjects to rigorous peer-review. I checked and the doctors who run this place are no slouches. The review panel alone reads like the Board of Directors at The University Club. They’re all MD’s and all are from prestigious medical schools – certainly weightier than a cop with an outdated opinion. These sorts could review for any medical journal they want to and probably they do. They are writers of textbooks and sworn to do no harm. So, if they say cannabis has medical value why do you suppose law enforcement in our town including the DA, insist that “marijuana is not medicine?” I’m not making this up, that is a direct quote from a training handout supervising narcotics officer, Conrado DeCastro - the so called mastermind of Operation Green Rx (Google it!)- pointed to when asked on the stand recently about his training and qualifications on the subject. Short of a conspiracy theory, I’m baffled why cops take such a hard line, and anybody who voted for the Compassionate Use Act of 1996 should be baffled if not outraged as well.
No matter what side of the issue you’re on, isn’t it time to find the common ground and begin to explore how we can implement the law in ways the pro-compassion voters as well as the DA, law enforcement and our local soccer mom’s can live with? With thriving research centers like the CMCS, isn’t the debate whether cannabis is medicine officially over? Wasn’t it over when we voted that it was appropriate for folks to use cannabis in treatment of medical symptoms? If anybody is still haggling over the issue of medicine, they are part of the problem. Clearly, it is time for San Diego law enforcement to invest in training around the issue of cannabis as medicine. So what keeps them from it? I wish I knew and it seems to be the million dollar question. The alternative, allowing police to use their opinions to decide which laws they will enforce, is far scary to me than any cannabis collective in my neighborhood. Wouldn’t that mean that if my local officer thought my botox injections where unsafe, I could be arrested? How about whether gay men should be protected from hate crimes? How can we pass the Compassionate Use Act and then sit back and let the DA decide for us what is and isn’t medicine and what laws will be enforce? Excuse me … be right back, I gotta go ask my local border patrol agent for advice on my health care policy. Be the change, People!
Donna Lambert: Your phone call can make a difference!
By: Donna Lambert
Wednesday, August 12, 2009 2:15 PM
COURT SUPPORT FOR DONNA - September 3rd, at 1:30pm, in dept. 53
Would you like to make a difference in the world? You can! In less than 5
minutes, you can let the district attorney in San Diego know that we thepublic want to have our rights as given under the medical marijuana laws! In
addition, this is a gross waste of taxpayer resources!
My name is Donna Lambert. I am being charged with 7 felonies for helping
another qualified medical marijuana patient twice, even though the judge at
my prelim ruled "she is clearly not in it for profit". Why? I live in San
Diego.
The motions for my case have been filed and I only have 1 more chance in
front of a judge to get this dismissed, unless the DA will have the courage
to acknowledge 215/420 and dismiss this case themselves!
My 995 hearing is set for September 3rd, at 1:30pm, in dept. 53. All are
welcome.
Please call the San Diego district attorney at (619)531-4040, and ask them
to drop the case against Donna Lambert.
DEA, FBI, IRS raid two Los Angeles Medical Cannabis Collectives; officers shoot dog
DEA, FBI, IRS raid two Los Angeles Medical Cannabis Collectives; officers shoot dog
2:04 PM | August 12, 2009
Posted: 08/12/2009 02:16:21 PM PDT
LOS ANGELES—Federal and local agents are raiding at least two marijuana dispensaries in Los Angeles but authorities won't say what they're seeking.
Officials say more than 20 people from various agencies served a state search warrant at around 11 a.m. Wednesday at the Organica Collective in Marina del Rey.
Los Angeles police, the FBI and DEA were still searching the distribution center three hours later.
DEA spokesman Jose Martinez says agents also served the warrant at the Overland Gardens Collective in West Los Angeles.
The Los Angeles County district attorney's office says a residence also was named in the warrant.
Other details are not being released.
Calls to the two dispensaries weren't immediately returned.
Read More: http://www.mercurynews.com/california/ci_13046181
--------------------------------------------------------------------------------
Tuesday, August 11, 2009
A More Perfect Union - SDNN.com Opinion
Eugene Davidovich: Proving my medical marijuana case
By Eugene Davidovich - 7:19 AM August 11, 2009
This week brings more harassment to collectives and patients in San Diego by our local law enforcement. There are now reports from patients that police officers are parking their squad cars outside of collectives to intimidate the members as they go inside to get their medication. This, just weeks after Pierre Tiberius Uggla (a.k.a. San Diego Green Rx Detective Mike Mendez) was caught trying to join two collectives in town and months after Jamie Conlan (a.k.a. San Diego Green Rx Detective Scott Henderson) went to a local doctor and lied to obtain a valid recommendation for medical cannabis then joined all the collectives he could reach listed on the CA NORML.
All this for Operation Green Rx; the intent to target and eliminate all medical cannabis related activity in San Diego as well as help overturn Proposition 215 voted in by the people of California. Operation Green Rx was organized by detectives from the San Diego Police Department’s Narcotics Task force in collaboration with the District Attorney’s office and has been ongoing under one name or another for years in order to thwart the will of the people.
In this operation, detectives go to local doctors, lie about their symptoms, conditions and identities to obtain recommendations for medical cannabis. With these recommendations in-hand, detectives join as many of the collectives and cooperatives they can. The operation usually includes the detectives phoning collectives, providing all pertinent information to prove their status as legitimate patients, and then requesting to join each individual collective. Keep in mind, these collective and their existence is legal under California law.
The undercover officers proceed to request deliveries, make contributions, or pick up medicine form the collectives themselves. Last November the Operation Green Rx team rented and occupied a house in Pacific Beach for this purpose, (I wonder how much that cost the taxpayers?), then three months later, raided over 15 houses, sticking true to their motto of “Let the courts sort it out” at more cost, I might add.
These same detectives are trained by the California Narcotics Officers Association (CNOA) and told that “Marijuana is not medicine.” They tout this training in court as qualified medical training. The detectives then go after, not only the collectives in town, but also the doctors recommending medical cannabis to patients.
The District Attorney’s office as well as the Narcotics Team are instructed to “fight fiercely against marijuana” and believe that “marijuana is not medicine.” These same people have been against all things related to medical cannabis.
Although the intent of Operation Green Rx may be to eradicate medical cannabis in San Diego in support of San Diego County’s fight against Proposition 215, so far this attempt has miserably failed. As of today, there are more legal collectives and coops in San Diego than there ever have been in the past. Medical cannabis has been legal and will continue to be legal in California until the laws are changed by the people as they were in 1996 when voters passed the Compassionate Use Act, not by a select few in our local government and law enforcement who believe they are on a “higher” mission.
The only result that this misguided fight has brought, is years of uncertainty and an atmosphere of fear, and hundreds of innocent lives destroyed.
While San Diego is home to thousands of medical cannabis patients, so far as announced by the District Attorney less than 200 have signed up for the county Medical Marijuana Identification Card. I wonder if the low numbers are due to District Attorney Bonnie Dumanis publicly announcing that she is keeping track of exactly how many cards are issued and Supervisor Dianne Jacobs proclamation that this is now a great list of “users” that they can monitor.
In court, the story doesn’t change much — judges refer to cannabis as dope, the police refuse to hear or acknowledge the law, and the District Attorney’s office fights hard to deny the court seeing any evidence of the patient’s qualified status in hopes of trying individuals as drug dealers — worst of all the judges agree.
This type of prejudice, harassment, outright bias by the prosecution, efforts to pass moratoriums and bans — as well as the absence of the Mayor’s office to participate in the medical cannabis task force — only adds more confusion to the already confusing and impossible to follow “serpentine road-map” that makes up our medical cannabis laws.
Will there come a time when there is clarity? Will there ever be accountability for this waste, fraud, and abuse directed at medical cannabis patients in San Diego? Or will the opponents be successful in overturning Proposition 215? These questions will continue to be asked, and the voices with which they are asked will continue to grow stronger.
Please help stop this illegal operation, senseless waste, abuse, harassment of legitimate patients, and the bias of a select few by supporting me in court.
Read the Operation Green Rx Blog – http://www.operationgreenrx.blogspot.com
Join the Cause to Stop Operation Green Rx – http://www.causes.com/operationgreenrx
Eugene Davidovich
Subscribe to:
Posts (Atom)