Americans for Safe Access reaction to SD County Proposed Ordinance

By: Kris Hermes (ASA), Eugene Davidovich (SD ASA)

San Diego County Board of Supervisors issued a proposed ordinance that they would like to see adopted in the County of San Diego. The ordinance is supposed to provide guidelines, regulations, and zoning for medical marijuana dispensing collectives and cooperatives.

This proposed ordinance instead of helping regulate medical marijuana in the county, would work to restrict and eliminate safe reliable access for patients most in need of the medicine their physicians have recommended they use.

Americans for Safe Access has several specific concerns with the proposed ordinance:

1. Most of the recent ordinances adopted in California employ departments of health or other non-law enforcement agencies to administer their local medical marijuana dispensary laws. This is not the case with this ordinance. The licensing authority should not be the Sheriff's Department, and should be replaced by the County Department of Health or other more appropriate agency.

2. One of the main reasons for authorizing departments of health to administer such programs is that it's important to have patient needs respected and to have local laws implemented and enforced with patients needs at the heart of such laws. A perfect example of this is the provisions that allow the sheriff unfettered access (without subpoena) to: private patient records, financial transaction records, and records indicating the source of supply of medical marijuana. Such provisions place both patients and providers at risk of unnecessary local and, more importantly, federal interference. If the feds can subpoena this information (or if it's willingly delivered by local law enforcement), there is risk of arrest and prosecution. Given the track record of the sheriff and other law enforcement agencies in San Diego regarding enforcement of state law, there is every reason to believe that this authority and access to private information will be abused.

3. Another provision in this ordinance would ban edible medical marijuana. Why would the county prohibit the ingestion of medical marijuana edible products for those patients that have trouble smoking it or simply choose to eat their medicine? This is an unnecessary restriction that would otherwise provide patients with alternative methods of ingestion. Edibles are currently permitted and provided to patients at hundreds of dispensaries across the state.

4. Another provision that is unnecessarily problematic is the prohibition on anyone operating a dispensary who has been convicted of a felony. While some localities include provisions prohibiting violent felons from operating a dispensary, there is no need to exclude all persons with felony convictions, especially since many patients have criminal records based on activity that is now lawful, but was deemed illegal prior to the passage of the Compassionate Use Act.

5. Finally and most importantly, is the provision restricting dispensaries from operating within 1,000 feet from a laundry list of so-called "sensitive uses," such as schools, churches, parks, etc. While this seems to be a trend among localities that have adopted dispensary ordinances, it is a very onerous requirement that would relegate facilities to remote, outlying areas, making it difficult for patients to access their medicine, especially those with mobility issues. The restriction on locating within 1,000 feet of a residence is perhaps the most onerous provision of the ordinance, making it a de facto ban. The only other ordinance in the state that restrict the proximity to residences is that of the City of Los Angeles, and it remains to be seen whether ANY dispensaries will be able to relocate in accordance with that ordinance, leading many to call it a de facto ban.

Americans for Safe Access (ASA) as well as the San Diego Chapter of ASA are greatly concerned about this restrictive ordinance. We urge the San Diego County Board of Supervisors to develop a policy which takes into consideration patients’ needs, rather than the desires, fears, and bias of law enforcement.

Please email the San Diego County Board of Supervisors and ask that they revise the ordinance.

Greg.cox@sdcounty.ca.gov

dianne.jacob@sdcounty.ca.gov

Pam.slater@sdcounty.ca.gov

ron-roberts@sdcounty.ca.gov

bill.horn@sdcounty.ca.gov

KEY DATES:

• Public Review of Proposed Ordinance: March 3, 2010 - April 2, 2010
• San Diego County Planning Commission Vote on Proposed Ordinance: May 14, 2010
• Board of Supervisors vote on Proposed Ordinance: June 23, 2010

County Board Point of Contact:Joe Farace (858) 694-3690joseph.farace@sdcounty.ca.gov

--------------------------------------------
San Diego Americans for Safe Access

www.SafeAccessSD.org

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Join ASA - www.safeaccessnow.org

ATTEMPT BY SD COUNTY TO ERADICATE MEDICAL MARIJUANA

San Diego County has been at the forefront of overturning proposition 215 and SB420. This fight has included a case that made it all the way to the Supreme Court in a resounding defeat for the county. Still, the San Diego County board refuses to respect state law. In an attempt to effectively zone out and ban access to medicine for patients in San Diego, the county has issued a proposed ordinance:

READ THE PROPOSED ORDINANCE HERE:
http://www.sdcounty.ca.gov/dplu/docs/POD_09-007_Medical_Marijuana.pdf

This proposed County ordinance would require that ALL transaction between patients be recorded onto video and turned over to the Sheriff. The ordinance also requires that patients names, birth dates, and other private information be turned over to the Sheriff upon request.

Please read this document carefully and write to the board with your concerns. San Diego ASA believes that if this ordinance were to pass, it would be unconstitutional and an anlawfull modification to Proposition 215 as well as Senate Bill 420.

We only have a couple days left for input as the public input ends in April on this ordinance.
The county did a good job hiding this from the public and we need to let them know, we will not stand for a defacto ban. We want safe, regulated access.

Write the Supervisors and let them know how you feel about this ordinance:
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov

San Diego Americans for Safe AccessT: 619-621-8446
www.SafeAccessSD.org

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Join ASA - www.safeaccessnow.org

JOSEPH NUNES SENTENCING - April 19th - 9:30am – 940 Front St. San Diego CA 92101

Joseph Nunes sentencing has been postponed to April 19th at 9:30 am. Mr. Nunes is a victim of the continued eradication efforts of the San Diego District Attorney and the DEA. He has been charged in Federal court and forced to agree to a plea bargain to avoid years of incarceration for something that is legal under state law. He is one of the founding members of the Kush Lounge and Green Cross collective that was raided during the September 9th 2009 Narcotics Task Force round of raids.

San Diego ASA recently spoke to Mr. Nunes to find out what the current status of his case is, and when the new sentencing date will be. Mr Nunes told us that he has requested some more time to get his personal affairs in order. Mr Nunes is asking the judge for probation and his attorney Mr. Jim Warner is confident that the judge will see through the bias driven persecution and reduce the sentencing guideline of 27-33 months to probation.

The sentencing has been continued to 4/19 at 9:30am in front of Judge Burns. (940 Front St. San Diego CA)

Please mark your calendars and show Joseph your support by coming to court and packing the courtroom and sending a strong message with our presence that we do not support ANY jail time for Joseph.

T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

March 26th National day of protest

WHEN: 12noon – 2pm March, 26 2010
WHERE: 940 Front Street San Diego CA
WHAT: National Day of Protest against NTF and DEA raids on medical marijuana patients and collectives.

In one week we will have the opportunity to tell those who seek to rule over us that we are not happy with the way they are treating us. The raids by the DEA and NTF of San Diego are not acceptable and we want them to stop! There is no reason for the NTF to be cross sworn except to violate state law. We voted to legalize medical marijuana 14 years ago. The DEA refuses to go by science and what the medical profession has said. Here in San Diego we have a Narcotics Task Force that has been cross sworn so they can violate state law as well as give any confiscated medicine to the DEA so they do not have to return it when the victim is found not guilty or not charged.

On March 26th from 12 noon to 2:00pm we will be meeting at 940 Front st to protest the illegal raids by the DEA on medical marijuana as well as the refusal of San Diego to recognise Prop 215 and SB420.

Please send this call to action to everyone in your contact list.
It is time for everyone to come out of the Cannabis Closet

Thank You
James Dean Stacy
movementinaction@gmail.com
www.movementinaction.org

San Diego MMTF Meeting Friday 3/19 at 9am

The San Diego Medical Marijuana Task Force meets again this Friday 9am -11am
202 C St. San Diego A 92101 (map)
City Council Committee Room, 12th floor of the City Administration Building.

The task force is working on recommendations to the San Diego City Council with regards to medical marijuana regulations and zoning ordinances. This Friday it is critical that we get the community out to the meeting.

Friday 3/19/2010 MMTF Agenda:

• ITEM 1 – Proposed recommendations regarding packaging, labeling and transport of medical marijuana
• ITEM 2 – Adoption of a statement of concern to forward to City and County officials
• ITEM 3 – Adoption of a statement regarding medical marijuana use by juveniles
• ITEM 4 – Agenda items for next meeting (if time permits)

This is our opportunity to weigh in on the process which will affect many thousands of patients in our community for years to come.

Your input is needed and encouraged. Come to the meeting, fill out a public comment sheet, and let your voice be heard!

San Diego Americans for Safe Accesswww.SafeAccessSD.org

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Join ASA - www.safeaccessnow.org

Judge won't dismiss medical marijuana case under Obama made me do it defense.

Greg Moran, San Diego Union Tribune
Tuesday, March 16, 2010


James Stacy, the Vista medical marijuana dispensary owner facing federal drug charges, has lost an intriguing bid to have the charges against him thrown out.

Stacy had argued that President Obama, when he was Candidate Obama, had basically said he wouldn't prosecute medical marijuana providers who were complying with state law, and that Stacy had relied on that -- and later statements by Attorney General Eric Holder -- to launch his business.

He also said the prosecution violated the Tenth Amendment because it "commandeered" local law enforcement to enforce federal policy. The intriguing arguments received some attention after first being reported by San Diego CityBeat in December.

In an 11-page ruling Moskowitz said, essentially, nice try.

Comments made by Obama and one of his campaign flaks cited by Stacy "cannot be deemed representations of the federal government regarding drug-prosecution policy." There's no evidence Stacy even heard those statements or that any government official told him selling medical marijuana was OK under federal policy. Holder's statements were "vague," "loose" and did not rule out that the feds could still prosecute medical marijuana cases.

As for the Tenth Amendment argument, the judge said there was no evidence that the San Diego Sheriff's Office was forced to participate in the investigation and raids of dispensaries in the county. "Voluntary cooperation by the Sheriff's Department or other state agencies does not give rise to a Tenth Amendment claim," he wrote.

So now it looks like it is on to trial for Stacy. The judge did leave the door open a bit. He said he would decide later whether Stacy and his lawyer, Kasha Kastillo, could use the Obama-told-me-I-could argument, known as entrapment by estoppel, as a defense at trial.

Federal prosecutors are moving to head that off, filing a motion last Friday asking Moskowitz to ban that defense, as well as several others. Trial is set for April 26.

Stacy was one of two people charged federally in a sweep of dispensaries launched in the fall. He opened the Movement in Action dispensary four months or so before the raids occurred. One of the reasons he may have ended up in federal court is that investigators found a gun in the dispensary and, even under Obama guidelines relaxing prosecutions of dispensaries that comply with state law, that can lead to a federal charges being filed.

http://www.signonsandiego.com/weblogs/minute-orders-courts/2010/mar/16/judge-wont-dismiss-medical-marijuana-case-under-ob/

San Diego Medical Marijuana 'Raid Rumors' Update

Today we have received confirmation that California's Finest Meds Collective located at 1133 Broadway in San Diego was in fact closed down. According to eyewitness testimony, several unmarked vehicles pulled up to the collective yesterday, March 16, 2010 and proceeded to confiscate paperwork, medicine, as well as a number of other items inside the facility.

It was reported that the San Diego County Integrated Narcotics Task Force (NTF) is responsible for this raid. Detective Decastro, the mastermind of Operation Green Rx, is reportedly in charge of this investigation as well.

Mr. Decasstro is also the chief investigating officer in my case, and although he has been present for every minute of every day of my trial, on Tuesday, March 16, he was noticeably absent from the courtroom in the morning. However he did return in the afternoon for the remainder of the proceedings.

This morning, we have received reports that a home was also raided in Encinitas, CA a suburb of San Diego County. This raid was also executed by the NTF and spearheaded by the DEA as part of the ongoing Operation Green Rx investigations and medical marijuana eradication efforts. It is reported that the individual who resides at the home in Encinitas was not arrested but all his property was seized.

We have NOT received any more reports of raids, or arrests. Currently and based on the information available today, it seems that the NTF is ramping up for more raids. It would also seem that this time, unlike in the last round of raids of 9.9.9, the NTF is doing them one at a time rather than a sweep.

This is the time when everyone in San Diego needs to read up on the laws, and ensure that you are doing everything possible to stay in full compliance with the law. Remember, Proposition 215 is the law, Senate Bill 420 is the law, medical cannabis is here to stay, and your efforts of continuing to provide safe access to the San Diego Community are critically important to many thousands here in San Diego.

Here are a few suggestions for staying safe:

1. Keep Medicine Inventory Levels low.
2. Patient Records should be kept offsite as to protect the patient's confidentiality from the NTF and DEA. All bank statements, as well as accounting paperwork should also be kept offsite at a secure location, so that it can later be used by you rather then the NTF to prove the not for profit operation.
3. Watch out for fake recommendations, ensure that there is both an expiration date, as well as all the other required information. Ensure that EVERY recommendation is verified with the phycisian prior to allowing the member to join the collective.
4. NO GUNS. Do not keep any firearms inside your home or the facility.
5. Be Prepared and know your rights. Without a search or arrest warrant, you do not have to let the NTF or any other officials into your facility. If they do come, be polite, respectful, and quiet. You do not have to speak with anyone, it is your right to remain silent and to seek the advice of an attorney during ALL questioning.

Three Police Interaction Levels and Three Safe Ways To handle Them (courtesy of Marcus Boyd)

1. Casual Conversation: Ask if youre being detained. If not, walk away!
2. Detention: If you are detained, ask why! Be sure to remember what they say to you.
3. Arrest: Say "I choose to remain silent and I want to see a lawyer". Remain Silent. Dont answer any questions, just politely repeat your assertion and rmember you have now envoked your right to remain silent. Exercise it.

BE PREPARED:
Visit the Raid Preparedness section of the San Diego ASA website for a comprehensive raid preparation guideline:
http://www.safeaccesssd.org/p/raid-preparedness.html

San Diego Americans for Safe Access - www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

Are you Cannabis Deficient?

by The Medicine Hunter

If the idea of having a marijuana deficiency sounds laughable to you, a growing body of science points at exactly such a possibility. Scientists have known that the active psychoactive compound in marijuana is THC, which is short for tetrahydrocannabinol.    

In August 1990, researchers reported in the journal Nature the discovery of receptors in the brain that specifically accommodate the cannabinoids in pot. Cannabinoids bind to particular neurological sites in the brain, as though the brain was specifically designed to utilize this plant. Did nature toss cannabinoid receptors into the brain by random chance? Are cannabinoid receptors part of an intelligent design for deriving maximum benefit from cannabis? Is cannabis a divine elixir of sacred communion for which we are ideally suited? Actually, a more sober answer seems likely. When there are receptors in the brain for a particular type of compound, that compound is made in the brain. This is true of many important agents that work to transmit brain messages of all types. So a hunt began to find such a compound.    

In that vein, in 1992 researchers in Israel isolated the cannabinoid anandamide in the human brain. Unlike THC, anandamide is manufactured in the brain, and is therefore an endogenous cannabinoid. This agent, anandamide, is the compound that attaches to the built-in cannabinoid receptors in our brains. The name anandamide is based on the Sanskrit word ananda, which means bliss. Anandamide is a bliss molcule, enhancing greater well being and emotional satisfaction.

 

Ever since the pioneering work of Dr.  William O’Shaughnessy on cannabis and pain compiled in the 1840’s a growing body of science has shown that cannabis offers relief for various types of pain. In the brain, the endogenous agent anandamide also plays a role in mitigating inflammation and pain. So both cannabinoids from inside and outside the body play a role in pain reduction. More recent studies show pain relief among sufferers of multiple sclerosis when cannabis is consumed.  

Anandamide also plays a role in proper appetite, feelings of pleasure and well-being, and memory. Interestingly, cannabis also affects these same functions. Cannabis has been used successfully to treat migraine, fibromyalgia, irritable bowel syndrome and glaucoma. So here is the seventy-four thousand dollar question. Does cannabis simply relieve these diseases to varying degrees, or is cannabis actually a medical replacement in cases of deficient anandamide?    

At least one author, medical doctor Ethan Russo, believes in the possibility of endocanabinoid deficiency, and suggests that such a deficiency might actually be a significant cause of the types of health problems listed above. His paper “Clinical Cannabinoid Deficiency,” published in Neuroendocrinology Letters in 2004, delved deeply into the various ways that cannabinoids function in the body, and how a deficiency in cannabinoids can lead to a broad range of diseases. Since the publication of that paper, a number of studies have further confirmed the effectiveness of cannabis for many health disorders.    

The idea of clinical cannabinoid deficiency opens the door to cannabis consumption as an effective medical approach to relief of various types of pain, restoration of appetite in cases in which appetite is compromised, improved visual health in cases of glaucoma, and improved sense of well being among patients suffering from a broad variety of mood disorders. As state and local laws mutate and change in favor of greater tolerance, perhaps cannabis will find it’s proper place in the home medicine chest.    

http://health.blogs.foxnews.com/2010/03/10/are-you-cannabis-deficient/ 

Chris Kilham is a medicine hunter who researches natural remedies all over the world, from the Amazon to Siberia. He teaches ethnobotany courses at the University of Massachusetts Amherst, where he is Explorer In Residence. Chris advises herbal, cosmetic and pharmaceutical companies and is a regular guest on radio and TV programs worldwide.  His field research is largely sponsored by Naturex of Avignon, France. Read more at www.MedicineHunter.com 

Court Support Requested – THURSDAY 3/11/2010 - 10am

Court Support Requested – THURSDAY 3/11/2010 - 10am
Department 55 - 220 W Broadway San Diego CA 92101

Today, Wednesday March 10, 2010 all in limine motions were completed and a jury was selected in the medical marijuana trial of People v Davidovich.

On Thursday opening statement will begin from both the prosecution and the defense. This will be the first day in front of the jury and a critical day for supporters to be in court. If you are able to make it to court tomorrow (Thursday 10am), your presence would be both helpful and very much appreciated. The jury should see that this issue affects all of us.

On Tuesday as well as today Bahar Ansari my attorney argued and defended all the motions in limine filed by the prosecution as well as presented the motions in limine from the defense. If it weren’t for her efforts, superb knowledge of the law, and well formulated arguments, I would have been in a very bad position.

The prosecution came in with 9 (nine) motions in limine all with a clear intent to undermine my defense and chance for a fair trial:
Below is a brief description of the motions the DA filed, as well as a summary of how that motion was ruled on by the Judge.

1. Jury Instructions – (an interpretation of the medical marijuana law presented to the jury)
The instructions that the prosecutor filed were a very narrow interpretation of the law, and essentially professed that unless all members are cultivating together, that no other means of association to cultivate was legal. We were able to finally clarify, correct, and agree on a jury instructions this morning shortly prior to starting jury selection. The final instruction is a more accurate depiction of the law which includes a description of what a collective is. The most disturbing part of this was that even though the San Diego DA has posted on their website the AG Guidelines and is urging people to follow them, they proclaimed to the surprise of everyone including the judge in court today during these arguments that “AG Guidelines are not law, and we can never see a case when we would want them to apply”.

2. Medical Defense
The prosecution fought vehemently for hours to have my medical defense excluded and to not allow us to mention anything with regards to medical marijuana laws to the jury. Exactly at 4:20pm it was decided by the Judge that there is evidence of an affirmative defense and that we would be allowed to discuss medical marijuana in front of the jury during jury selection as well as at all other times.

3. Recommendations of Potential Witnesses
Although the prosecution claimed recommendations written on paper and signed by the doctor were hearsay, they filed a motion to require all potential witnesses claiming to be medical marijuana patients to subpoena the written recommendations from their doctors. We had no objection to this.

4. Exclude testimony of Chris Conrad Expert Witness
The prosecution filed to excluded the testimony of Chris Conrad a well known medical cannabis dosages and yields expert who has testified in hundreds of cases. The after hearing relentless arguments from the DA, the judge denied their motion and will allow Mr. Conrad’s testimony.

5. Members List should be excluded
The DA moved to exclude the mention of the list of members of the collective to the jury. This request was also denied by the judge.

6. Character Witnesses
Again the DA argued to exclude the two character witnesses from testifying at my trial. These two individuals have known me for over fifteen years and are prepared and willing to testify about their opinions of my character. The DA argued that their testimony would create an unnecessary burden on the courts time. The judge denied this request and will allow both my character witnesses to testify.

7. Surveillance Video
A request was made by the DA to show the jury the undercover video of the delivery of medicine to Jamie Conlan (Detective Scott Henderson) who was posing as a legitimate patient. We did not object and were ourselves requesting the video be shown, as it clearly shows me verifying his doctor’s recommendation and drivers license.

8. Exclusion of Navy Background
Without hesitation the judge denied this request. I will be allowed to discuss my navy background.

9. Photos of Cultivation Excluded
The Prosecution attempted to exclude pictures of the collective cultivation effort from being shown to the jury. Again the judge quickly denied this request and the jury will be allowed to see ALL the evidence.

At 10:30 this morning forty eight people were brought into Department 55. Michael McCabe my defense attorney invited his friend Charles Roger Khoury Jr. a very experienced and respected attorney to assist with the jury selection process. I must say, it was a very good feeling to have three attorneys representing me in court today all out of the goodness of their heart and for their passionate belief in justice.

Jury selection began with a huge surprise for all of us. We saw the direct result from the efforts of all the medical marijuana advocacy and activism in San Diego pay off, when at least a dozen potential jurors openly voiced their concerns about the current marijuana laws in court for the entire jury pool to hear. One potential juror went as far as to talk about the current situation in San Diego with the lack of clarity in the law and the zoning issues collectives are having. She as well as most of the others who raised concerns were unfortunately dismissed by the prosecution but not before the rest of the jurors were educated. At the end of the day, the forty eight jurors were narrowed down a panel of twelve jurors and two alternates.

On Thursday opening statements begin, as well as the testimony of the Narcotics Task Force detective Scott Henderson who stars in the surveillance video provided by the DA: http://www.youtube.com/watch?v=dzYMHgGO_84

Come see Mr. Henderson talk about why how he lied to the doctor to obtain his recommendation and then used it to infiltrate local collectives.
For more information about my case visit www.eugenedavidovich.com

Get Active, Get Involved, Make a difference!

People V. Davidovich – Day 2 of Trial - Court Support

By: Eugene Davidovich

On March 9, 2010 at 9am in Department 55 at the San Diego Superior Courthouse, day 2 of my trial will begin. District attorney Bonnie Dumanis’ office has filed a mountain of motions in limine with the court, all of which will be heard on the 9th in front of Judge So. Motions in limine are requests made by both sides to the Judge before the start of a trial that certain evidence may, or may not, be introduced to the jury.

The heap of in limine motions includes three that I believe are most troubling. The first is a request by the DA that the Judge not to allow me to use the medical marijuana defense, even though an official subpoena from the doctor who recommended the use of medical cannabis to me, was received and accepted into the record by the court at my preliminary hearing months ago. These records clearly prove to the court that I am a qualified patient, which even prompted the Judge at my prelim to say “there is evidence here that Mr. Davidovich is a qualified patient”, yet nothing fazes the prosecutor’s fierce fight.

The second troubling request is to ban the Jury from hearing any details about my four years of honorable military service with the United States Navy, including a request for a complete ban on mentioning that I was in the military at all. After my arrest in February of 2009, the DA’s office had no problem mentioning my military service in the Operation Endless Summer news coverage. Since then, it would seem that she changed her tune and now wants to conceal the fact that I was in the Navy.

Finally, the DA filed motions to exclude two character witnesses from testifying at my trial. These two individuals have known me for over fifteen years and are prepared and willing to testify about their opinions of my truthfulness and character. Theresa Pham the prosecuting DA cited in her filings that to hear from the character witnesses would be an unnecessary burden on the courts time. The DA wants to ensure that nothing positive is said about me and that only their side of the story is heard.

In addition to the disingenuous in limine motions, it would seem that Theresa Pham, Dumanis’ prosecuting puppet, has received a green light to do “anything it takes” to win this case. This green light seems to have allowed the puppet to insult my attorney in court, cry and whine to the judge when a ruling doesn’t go her way and use stalling tactics in an attempt to buy more time to investigate above and beyond the year and a half long investigation already conducted.

I anticipate that on the 9th the DA will pull a few more tricks out of the prosecutorial sleeve to add to the propaganda and misinformation filled, politically motivated prosecution. I ask that members of our community come to court to support me on Tuesday, March 9 2010 in Department 55 at 9am. Witness the relentless, political war being waged against patients in San Diego yourself.

MY STORY

I am a twenty year resident of San Diego, a medical cannabis patient, and a victim of Operation Green Rx and San Diego District Attorney Bonnie Dumanis’ brutal ambition to overturn California’s Compassionate Use Act.

After having served four years in the Navy, including two deployments to the Gulf, medals, commendations and an honorable discharge I began to experience serious medical symptoms. With the use of medical cannabis I found relief from the symptoms without the debilitating side-effects I’d experienced with prescription drugs. During my treatment I was able to complete a Bachelors Degree then a Masters in Business Administration, all while building a successful career as a project manager in software development field.

Then, as a result of law enforcement’s lack of training in California law or its unwillingness to follow that law, all collectives dispensing medical cannabis in San Diego were targeted and systematically closed. After reading the newly provided State Attorney General’s (AG) guidelines for cannabis collectives I formed my own collective and began to lawfully cultivate, and collectively distribute medical cannabis to other members of this collective on a non-profit basis according to the state law of Proposition 215, SB420 and the help of the AG guidelines.

In November of 2008, I received a call from a man calling himself Jamie Conlan and asking to join the collective. After a rigorous qualification process where Mr. Conlan presented both a driver’s license and a medical recommendation which he lied to a doctor to obtain, I was duped into allowing his participation.

Some months later, my Mission Valley apartment was raided by an armed narcotics team and I was taken to the police station where I met Conrado DeCastro who revealed Operation Green Rx. I was to discover later through the prosecutor’s discloser that the officers of the operation were targeting collectives from CA NORML’s website and posing as legitimate patients to obtain cannabis recommendations from doctors and then entrap collectives. I was shown two large binders with names and told “we are gonna’ bring all you medical pot people down.” Charged with four felonies, I was taken to jail, for legally providing a patient 120.00 worth of medical cannabis. I didn’t think things could get much worse.

Imagine my shock to find that the DA held a news conference of manufactured lies, touting the success of what they now referred to as Operation Endless Summer, depicting me as a dangerous dealer of large amounts of heroin, meth, marijuana, as well as trotting out the “don’t mess with the military” and the “streets of navy housing” mantra that the San Diego DA Bonnie Dumanis has been maintaining ever since. The evening news quickly picked up the story showing video footage of me at the arraignment hearing, and again listing drugs which did not exist nor with which I had any involvement, let alone charged with selling.


As a result of the false press conference, the police refusal to follow the law and the prosecutor attempting to deny the court evidence that I am a patient protected by medical cannabis laws, I am in the fight of my life. The amount of resources being spent on this case is unbelievable. Aside from the year long NTF investigation, the DA has put together a top notch team of prosecutors and law clerks as well as has recruited the famous anti marijuana activist Steve Reed to testify as an expert against me.

I am represented by attorneys Michael J. McCabe and Bahar Ansari who have been working tirelessly on my case and have provided me with exceptional representation throughout this process. They have been able to both help steer me through the legal system in my trial, as well as protect me from the constant threats and intimidation of the DA for speaking out about my situation.

This video was provided courtesy of the San Diego DA's office as part of the discovery in my case. It shows the delivery of medicine to the undercover officer who earlier had called, provided all his information, and was verified with his physician.


For more information about my case please visit www.eugenedavidovich.com


To get more involved in the community and to help bring this ‘fierce fight against patients’ to an end, join Americans for Safe Access and get involved.

Visit www.SafeAccessSD.org for the latest updates and news about medical marijuana in San Diego, come to the monthly ASA meetings, and get active.

Operation Green Rx must come to an end, and we will help bring it to an end.

People v Davidovich - Day 1 of Trial Update

Today I also learned the name of the new witness that the prosecution has placed on the witness list against me! It is a superstar witness that a lot of us have seen on TV! Many of us have come to know him as the “poster child” of medical marijuana eradication efforts from Showtimes famous documentary “In Pot We Trust”.

San Diego County Sheriff and member of the Cross Jurisdictional Narcotics Task Force Steve Reed will be testifying in my trial supposedly as an expert on indoor cultivation of medical marijuana. In the movie he says he has a vision disorder that allows him to see different shades of green better. Apparently h has wrapped himself around the “fierce fight” and has made it his life’s mission.

Watch the movie “In Pot We Trust” and join me in court to ask for his autograph.

Here is a link to the full version of the movie:
SHOWTIME'S "In Pot We Trust"