tag:blogger.com,1999:blog-90248828822634087702024-03-12T21:51:34.188-07:00Operation Green Rx - "Navigating The Serpentine Roadmap"This blog is dedicated to making the public aware of what happened in operation Green Rx / Endless Summer as well as the continued prosecution of legitimate medical cannabis patients trying to follow the law in San Diego as a result of District Attorney Bonnie Dumanis' thirst for a higher conviction rate and bias towards medical cannabis.Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.comBlogger237125tag:blogger.com,1999:blog-9024882882263408770.post-69261914123057531762011-03-17T22:28:00.000-07:002011-03-17T22:28:04.457-07:00Superior Court Judge Allows Dispensary to Remain Open; Denies City of San Marcos Emergency Injunction<i>By Eugene Davidovich, San Diego ASA</i><br />
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SAN MARCOS – In a major victory for medical marijuana advocates across the state, San Diego Superior Court Judge Thomas Nugent on Thursday morning denied the City of San Marcos a Temporary Restraining Order (TRO) against Wellness Tree collective, allowing the medical marijuana dispensary to remain open. <br />
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In 2006, when the city adopted an ordinance prohibiting medical marijuana dispensaries from operating in all zones, they specifically instructed the business tax office not to issue permits for such use and have denied all applications since.<br />
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The TRO filed by the City Attorney’s Office on Thursday named not just the Wellness Tree Collective, but also individual directors, and the landlord, demanding emergency relief through a restraining order, a preliminary and permanent injunction, declaratory relief, and damages.<br />
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This blatant attempt to shut down the remaining access in that city is very much in line with their bias driven agenda to undermine state law on this issue and is clearly against the desire and will of the residents who overwhelmingly oppose the city’s ordinance and these actions against the dispensaries.<br />
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Representing the collective in court were attorneys John Murphy who argued against the restraining order and cited the City’s ordinance did not provide the ability for anyone to obtain a business license to operate a dispensary, making it an outright ban. Murphy who works closely with Anthony Curiale the lead attorney in the highly publicized Anaheim case was accompanied in court by Melissa Bobrow who represented the landlord of the property where the dispensary is located.<br />
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During Thursday’s hearing the City Attorney argued the dispensary was operating illegally because it failed to obtain a business license, Judge Nugent disagreed, he explained that he saw absolutely no emergency in this matter and denied the TRO as well as pointed out that even if the dispensary had applied for a business license, they would not have received one. <br />
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After the hearing Attorney John Murphy said “The ordinance in the City of San Marcos is fatal and it violates the very terms of the Compassionate Use Act and the associated Health and Safety Codes by banning a patient’s right to collectively cultivate anywhere in San Marcos”.<br />
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While the City of San Marcos claims the ban is simply their way of ‘regulating’ dispensaries; advocates, patients, and concerned citizens alike have called it unconstitutional and a slap in the face of California voters who overwhelmingly passed Proposition 215 in 1996. <br />
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The Wellness Tree case is the first time a San Diego Superior Court Judge ruled against the City of San Marcos on this issue and also appears to be the first time the legality of the San Marcos Ban will be challenged in court. <br />
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On Jun 3rd instead of revising their unconstitutional ordinance, the San Marcos City Attorney’s Office will resume their eradication effort in court yet again trying to convince Judge Nugent that regulation really does mean eradication. <br />
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The hearing will be held in the Vista Courthouse at 1:30pm in Department M30 on Jun 3rd, 2011.<br />
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<div style="text-align: center;"><b><span class="Apple-style-span" style="font-size: large;">San Marcos City Council</span></b></div><div style="text-align: center;"><br />
</div><div class="separator" style="clear: both; text-align: center;"></div><div style="color: #6b6649; font-family: Tahoma, 'Trebuchet MS', Verdana, serif; font-size: 12px; line-height: 16px; margin-left: 1em; margin-right: 1em; text-align: center;"><img align="top" alt="Jim Desmond" border="1" hspace="5" src="http://www.ci.san-marcos.ca.us/Modules/ShowImage.aspx?imageid=1190" style="height: 127px; margin-bottom: 10px; margin-left: 10px; margin-right: 10px; margin-top: 0px; width: 100px;" /><br />
<a href="http://www.ci.san-marcos.ca.us/index.aspx?page=148" style="color: #417aa2; text-decoration: underline;">Jim Desmond<br />
Mayor</a><br />
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</div><div class="separator" style="clear: both; text-align: center;"></div><div class="separator" style="clear: both; text-align: center;"><a href="http://www.ci.san-marcos.ca.us/Modules/ShowImage.aspx?imageid=462" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img align="top" alt="Hal Martin" border="0" hspace="5" src="http://www.ci.san-marcos.ca.us/Modules/ShowImage.aspx?imageid=462" style="height: 127px; margin-top: 0px; width: 100px;" /></a></div><div class="separator" style="clear: both; text-align: center;"></div><div class="separator" style="clear: both; margin-bottom: 0px; margin-left: 0px; margin-right: 0px; margin-top: 0px; text-align: center;"></div><div style="color: #6b6649; font-family: Tahoma, 'Trebuchet MS', Verdana, serif; font-size: 12px; line-height: 16px; margin-bottom: 0px; margin-left: 1em; margin-right: 1em; margin-top: 0px; text-align: center;"><a href="http://www.ci.san-marcos.ca.us/index.aspx?page=149" style="color: #417aa2; text-decoration: underline;">Hal Martin<br />
Vice Mayor</a><br />
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<a href="http://www.ci.san-marcos.ca.us/index.aspx?page=152" style="color: #417aa2; text-decoration: underline;">Rebecca Jones<br />
Council Member</a><br />
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</div><div class="separator" style="clear: both; text-align: center;"></div><div style="color: #6b6649; font-family: Tahoma, 'Trebuchet MS', Verdana, serif; font-size: 12px; line-height: 16px; margin-left: 1em; margin-right: 1em; text-align: center;"><img alt="Jabara small" border="1" src="http://www.ci.san-marcos.ca.us/Modules/ShowImage.aspx?imageid=1417" style="height: 127px; margin-bottom: 10px; margin-left: 10px; margin-right: 10px; margin-top: 0px; width: 100px;" /><br />
<a href="http://www.san-marcos.net/index.aspx?page=566" style="color: #417aa2; text-decoration: underline;">Kristal Jabara<br />
Council Member</a><br />
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</div><div class="separator" style="clear: both; text-align: center;"></div><div style="color: #6b6649; font-family: Tahoma, 'Trebuchet MS', Verdana, serif; font-size: 12px; line-height: 16px; margin-left: 1em; margin-right: 1em; text-align: center;"><img align="top" alt="Chris Orlando" border="1" hspace="5" src="http://www.ci.san-marcos.ca.us/Modules/ShowImage.aspx?imageid=461" style="height: 127px; margin-bottom: 10px; margin-left: 10px; margin-right: 10px; margin-top: 0px; width: 100px;" /><br />
<a href="http://www.ci.san-marcos.ca.us/index.aspx?page=151" style="color: #417aa2; text-decoration: underline;">Chris Orlando<br />
Council Member</a></div><div style="color: #6b6649; font-family: Tahoma, 'Trebuchet MS', Verdana, serif; font-size: 12px; line-height: 16px;"></div>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com6tag:blogger.com,1999:blog-9024882882263408770.post-78002506881734276572011-03-16T04:27:00.000-07:002011-03-16T04:27:25.595-07:00City to Close all Medical Marijuana Dispensaries; Opposition Mounts<span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">On March 28th at 2pm the San Diego City Council will be voting on an ordinance that, if approved as currently written, would close every medical cannabis facility in the city and make it virtually impossible for them to reopen, threatening the quality of life for some of the most vulnerable members of our community and denying safe access for thousands of patients in the City of San Diego.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">Led by San Diego Americans for Safe Access and Canvass for a Cause, over twenty local, state, and national organizations have come together in opposition to this ordinance as currently written.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">The “Stop the Ban” coalition campaign has been educating the public on the upcoming ordinance and encouraging them to write hand written letters to the city council urging them to amend the proposed ordinance and to approve an ordinance that guarantees safe access and reflects the needs of the community.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">With the help and support of coalition partners the ‘Stop the Ban’ campaign has collected over 2,100 letters to the city council making it the largest letter writing campaign in San Diego history, has been profiled in CityBeat and covered by Fox 5 and CW 6,and has received endorsements from some of the largest clergy, drug policy reform, and student groups in the state - making it the largest public mobilization on behalf of medical cannabis in San Diego's history.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"> </span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">With less than two weeks left before the vote, the campaign has brought on extra volunteers who will supplement the ongoing effort in every district within the city.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"> </span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">“If this ordinance passes as currently written, crime will increase and the economy will suffer”. Ben Cisneros a Senior Organizer with the campaign stated. “By shutting down all access in the city, the veterans, families of patients, and the sick and dying would be terribly impacted”.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"> </span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">The campaign will be holding a Press Conference followed by a Candlelight Vigil on March 25th at 6:30pm at the Veterans Memorial Garden located at 2115 Park Blvd San Diego CA 92101</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">The following Monday on March 28th there will be a rally of hundreds of patients and concerned citizens voicing their concern against this ordinance. The rally will start at the Federal Courthouse located at 940 Front St. San Diego CA, 92101 at 12noon and will end at the San Diego City Hall at 202 C St. at 1:30pm where everyone will go up to the City Council Meeting to speak against the proposed ordinance at 2pm.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"> </span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><b>Further Information:</b></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><b><i>Campaign Website:</i></b></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><a href="http://www.stopthebansd.org/" style="color: #0044cc; text-decoration: none;">www.stopthebansd.org</a></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"> </span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;">and</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"> </span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><a href="http://www.facebook.com/stopthebansd" style="color: #0044cc; text-decoration: none;">www.facebook.com/stopthebansd</a></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><b><i>San Diego CityBeat Coverage: </i></b></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><a href="http://www.sdcitybeat.com/sandiego/article-8825-wait-a-minute-mr-postman.html" style="color: #0044cc; text-decoration: none;">http://www.sdcitybeat.com/sandiego/article-8825-wait-a-minute-mr-postman.html</a></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
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</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><b><i>OB Rag Coverage:</i></b></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px; line-height: 23px;"><a href="http://obrag.org/?p=34216" style="color: #0044cc; text-decoration: none;">http://obrag.org/?p=34216</a></span>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com2tag:blogger.com,1999:blog-9024882882263408770.post-22684593505893680872011-03-13T20:59:00.000-07:002011-03-13T20:59:58.636-07:00Bonnie Dumanis for San Diego Mayor? Take Action Against Dumanis Today!<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">There are many patients and concerned citizens in the San Diego community who have witnessed firsthand DA Bonnie Dumanis' fierce and misguided fight against medical marijuana patients. </span><br />
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<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">In response to her <a href="http://www.sandiegoreader.com/news/2011/mar/13/stringers-san-diego-da-bonnie-dumanis-run-mayor/">bid for Mayor of San Diego in 2012</a>, many in San Diego have quickly united in opposition. The medical marijuana community sent a strong message to all supporters regarding Dumanis’ track record on the issue through social media and the internet. Most recently the ‘Dumanis Propaganda Machine’ began turning its wheels and producing misleading information about her record on the medical marijuana issue. </span><br />
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<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">Dumanis has begun to recycle her old rhetoric claiming she in fact supports medical marijuana and that it is all the collectives that break the law because they are ‘selling’ marijuana. Dumanis is prepared to spend thousands of dollars on her propaganda war.</span><br />
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<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">We urgently need your help to quickly mobilize opposition to the propaganda which will be put out from the Dumanis campaign in the coming weeks by helping us disseminate Dumanis true position and track record on the issue. </span><br />
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<b><span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">Take Action Against Bonnie Dumanis Today!</span></b><br />
<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">1. Post a negative review for <a href="http://www.yelp.com/biz/bonnie-dumanis-for-mayor-2012-san-diego">Bonnie Dumanis on Yelp</a></span><br />
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<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;"><a href="http://www.yelp.com/biz/bonnie-dumanis-for-mayor-2012-san-diego"></a>2. Join the <a href="http://www.facebook.com/pages/Not-Dumanis-San-Diego-Citizens-Against-Bonnie-Dumanis-for-Mayor-in-2012/129674723757629">NOT DUMANIS</a> campaign on Facebook.</span><br />
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<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">Top three reasons why Dumanis is bad for San Diego compiled from dozens of responses from residents in the city of San Diego: </span><br />
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<b><span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">1. Dumanis is bad for our Community’s Safety and Welfare</span></b><br />
<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">Failed to protect victims' rights and has advanced her political agenda instead. </span><br />
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<b><span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">2. Dumanis is Bad for Marriage Equality</span></b><br />
<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">As District Attorney Dumanis has turned her back on the LGBT community by supporting anti-gay candidates and refusing to help defeat Proposition 8. </span><br />
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<b><span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">3. Dumanis is Bad for Medical Marijuana</span></b><br />
<span class="Apple-style-span" style="font-family: Georgia, 'Times New Roman', serif;">Continues to wage a 'fierce fight' against medical marijuana patients and the protections created in the law for the sick and dying, while at the same time claiming to be for the issue.</span>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-27776598238318152862011-03-11T19:41:00.000-08:002011-03-11T19:41:41.482-08:00Bonnie Dumanis Mayoral Candidacy Statement of Opposition from San Diego Americans for Safe Access<h3 class="post-title" style="color: black; font-family: Times, serif; font-size: 22px; font-weight: normal; line-height: 1.4em; margin-bottom: 0px; margin-left: 0px; margin-right: 0px; margin-top: 0.25em; padding-bottom: 4px; padding-left: 0px; padding-right: 0px; padding-top: 0px;"><span class="Apple-style-span" style="font-size: 15px; line-height: normal;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjX_ezHGFiiCjGJkdScB0b2x0JIlFD1FR_uNqF-Cgq1ot-iQes8Win0FhNGO8eSIeHkEV4gK_URVB5qa5WujO3tTe0dKRoHjtEbZxMc95tf6-K1OC6cCJlwg6jbVdH-GmbFDgc22GM3TTc/s1600/San+Diego+ASA.jpg" imageanchor="1" style="clear: left; color: #0044cc; display: inline !important; margin-bottom: 1em; margin-right: 1em; text-decoration: none;"><b><span class="Apple-style-span" style="font-family: inherit;"></span></b></a></span></h3><div class="post-body" style="font-family: Times, serif; font-size: 15px;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjX_ezHGFiiCjGJkdScB0b2x0JIlFD1FR_uNqF-Cgq1ot-iQes8Win0FhNGO8eSIeHkEV4gK_URVB5qa5WujO3tTe0dKRoHjtEbZxMc95tf6-K1OC6cCJlwg6jbVdH-GmbFDgc22GM3TTc/s1600/San+Diego+ASA.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjX_ezHGFiiCjGJkdScB0b2x0JIlFD1FR_uNqF-Cgq1ot-iQes8Win0FhNGO8eSIeHkEV4gK_URVB5qa5WujO3tTe0dKRoHjtEbZxMc95tf6-K1OC6cCJlwg6jbVdH-GmbFDgc22GM3TTc/s200/San+Diego+ASA.jpg" style="border-bottom-color: rgb(51, 51, 51); border-bottom-style: solid; border-bottom-width: 1px; border-left-color: rgb(51, 51, 51); border-left-style: solid; border-left-width: 1px; border-right-color: rgb(51, 51, 51); border-right-style: solid; border-right-width: 1px; border-top-color: rgb(51, 51, 51); border-top-style: solid; border-top-width: 1px; padding-bottom: 4px; padding-left: 4px; padding-right: 4px; padding-top: 4px;" width="161" /></a><b><span class="Apple-style-span" style="font-family: inherit;">In response to District Attorney Bonnie Dumanis’ announcement to run for <a href="http://bonniedumanisforsandiego.com/" style="color: #0044cc; text-decoration: none;">San Diego Mayor in 2012</a>, the local chapter of the nation’s largest medical cannabis patient’s rights advocacy group (<a href="http://www.safeaccessnow.org/" style="color: #0044cc; text-decoration: none;">Americans for Safe Access</a>), joined a growing list of organizations opposed to her candidacy and issued the following statement:</span></b><span class="Apple-style-span" style="font-family: inherit;"><br />
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<i><span class="Apple-style-span" style="font-family: inherit;">In her service as the District Attorney for San Diego County, Dumanis has undermined the most vulnerable members of our community through her continued and misguided ‘fierce fight’ against medical marijuana. </span></i></div><div class="post-body" style="font-family: Times, serif; font-size: 15px;"><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i></div><div class="post-body" style="font-family: Times, serif; font-size: 15px;"><i><span class="Apple-style-span" style="font-family: inherit;">Her fight has included raids on dispensaries as well as sick and dying patients’ homes, resulting in hundreds of thousands of tax payer’s dollars wasted on failed prosecutions. Dumanis has actively lobbied local governments for bans on dispensaries and has successfully influenced the County Board of Supervisors to adopt one of the most restrictive ordinances in the state.</span></i><br />
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<i><span class="Apple-style-span" style="font-family: inherit;">Although Dumanis years ago ran on a platform for District Attorney in favor of medical marijuana her actions and track record since being elected almost a decade ago make clear that she continues to be an enemy to the medical marijuana community and those who use cannabis therapeutics for treatment.</span></i><br />
<i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;">We are strongly opposed to Dumanis for San Diego Mayor in 2012 and will work to oppose her continued oppression of the most vulnerable among us.</span></i><br />
<i><span class="Apple-style-span" style="font-family: inherit;"></span></i><br />
<b>Visit <a href="http://www.facebook.com/pages/Not-Dumanis-San-Diego-Citizens-Against-Bonnie-Dumanis-for-Mayor-in-2012/129674723757629?ref=ts" style="color: #0044cc; text-decoration: none;">NOT DUMANIS</a> to voice your opposition to Bonnie Dumanis as Mayor of San Diego in 2012.</b><br />
<span class="Apple-style-span" style="font-family: inherit;"></span><br />
<span class="Apple-style-span" style="font-family: inherit;"><b>San Diego Americans for Safe Access</b></span><br />
<a href="http://www.safeaccesssd.org/" style="color: #0044cc; text-decoration: none;"><span class="Apple-style-span" style="font-family: inherit;">www.SafeAccessSD.org</span></a></div>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-28587743533614287092011-03-11T11:17:00.000-08:002011-03-11T11:17:28.514-08:00Harassment of Medical Marijuana Patients in San Diego Continues<b><i>Rogue Code Enforcement Officer Peter Bedrosian intimidates, harasses, and questions visibly ill patient in the streets of East San Diego County</i></b><br />
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By: Eugene Davidovich<br />
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SAN DIEGO – For years the county’s sick and dying have been at the brunt of District Attorney Bonnie (DA) Dumanis’ ‘fierce fight’ against medical marijuana patients. Dumanis’ fight has included raids on dispensaries, arrests of wheel-chair bound and terminally-ill patients, and has resulted in courtroom acquittals rather than convictions costing the county thousands and serious embarrassment to law enforcement.<br />
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In June of 2010, Dumanis managed to convince the County Board of Supervisors, a governing body historically opposed to medical marijuana, to adopt an ordinance which forced all dispensaries in the unincorporated areas of the county to shut down.<br />
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Since then, a few brave safe access pioneers, determined to provide the sick and dying with quality care, remained open and began to challenge the “de-facto” ban in court. With court challenges ramping up, under the direction of Top Cop, Dumanis, the Sheriff and Code Enforcement have launched a harassment campaign against the remaining care facilities.<br />
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The latest and most egregious example surfaced last month when Code Enforcement Officer Peter Bedrosian busily harassed and interrogated patients outside a remaining facility in the East County of San Diego and came across Vey Linville, a very active advocate, terminally ill patient, and member of the San Diego Chapter of Americans for Safe Access.<br />
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Below is an account of Mr. Linville’s encounter with Bedrosian as well as my attempt to clarify the departmental policy with regards to code enforcement encounters with patients.<br />
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After Mr. Linville contacted San Diego ASA and reported the incident, I was assigned to investigation. The goal was to determine the Sheriff Department’s and Code Enforcement policies on their interactions with patients as well as voice San Diego ASA’s concern for the incident.<br />
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I first called Mr. Bedrosian. When he answered his phone, I introduced myself and began to express my concern regarding his interaction with Mr. Linville was going to asked him for clarification on the department’s policy. After hearing who I was and why I was calling, a very angry Bedrosian began shouting into the telephone then, finishing his rant, he hung up. Shortly after his episode, Bedrosian called back with another ranting voicemail, this time complete with threats and intimidating statements which appeared designed to scare me into silence.<br />
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Following this call I wrote an email and left a voicemail for Assistant Sheriff Prendergast, the official spokesperson for the Sheriff on medical marijuana issues in the hopes of a response. In the email, I inquired about the policy as well as whether a departmental training program was in place for field code enforcement officers in those sensitive interactions. In the email, which I carbon copied Bedrosian on, I included Mr. Linville’s letter.<br />
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Around that same time, Mr. Linville personally hand delivered the letter to Assistant Sheriff Prendergast’s office. Mr. Linville’s letter as well as my email and calls, remain unanswered.<br />
Here is the full content of the letter sent by Mr. Linville to Assistant Sheriff Prendergast which Mr. Linville has agreed to share with us for this article:<br />
<blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">Assistant Sheriff Prendergast,</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">My name is Vey Linville. We met recently at the County Board of Supervisors meeting. I am an emphysema patient with an oxygen tank. I legally drink cannabis medicines to keep from suffocating. I thought you might perhaps remember me. I have been in the press and on TV several times recently regarding this issue, and I am an active and vocal member of Americans for Safe Access (ASA), the nation’s largest organization of patients, medical professionals, scientists, and concerned citizens promoting safe and legal access to cannabis for therapeutics and research.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;">On Thursday February 17, 2011, I was delivering political event flyers to various facilities in the unincorporated areas of San Diego County. It was approximately 1 p.m., I was dressed in a business suit and tie, and I was encumbered as usual with my oxygen tank.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;">On exiting <span class="Apple-style-span" style="background-color: black;">XXXXXXXXXXXXXXX</span> on <span class="Apple-style-span" style="background-color: black;">xxxxx</span> . in <span class="Apple-style-span" style="background-color: black;">xxxxxxxxx</span>, as I approached my vehicle, I was detained, interrogated, and harassed with no cause by a County Code Enforcement team, led by Peter Bedrosian, Code Enforcement Officer, Dept. of Planning and Land Use, (858-694-3047,<a href="mailto:peter.bedrosian@sdcounty.ca.gov" style="color: #0044cc; text-decoration: none;">peter.bedrosian@sdcounty.ca.gov</a>).</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">Mr. Bedrosian identified himself and asked me in an aggressive and forceful manner who I was and what I was doing there. As a legal patient on life support with an illness considered terminal, I was quite intimidated by his aggressive demeanor, tone, and line of questioning; but I offered my hand and introduced myself and told him that I was there representing the San Diego Chapter of Americans For Safe Access and that I was dropping off brochures. This seemed to greatly agitate Mr. Bedrosian. He said: “Brochures, Eh?”, crossed his arms and proceeded to interrogate me in the parking lot.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">He wanted to know if “The Facility” was still “Operating” inside. I explained to him that since I was just dropping off flyers, that I had not been past the front waiting area today; and that I could not say of my own knowledge what activities may or may not be occurring inside. I also explained to him that I had been to this facility before, and that I was not aware of any conduct by this facility not in fullest and strictest compliance with all state laws and local ordinances that I am aware of.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">This seemed to cause Mr. Bedrosian great distress, and his level of agitation continued to increase. By this point, the other member of the Code Enforcement Team was trying to tell Mr. Bedrosian privately that he had seen me speak at the Planning Commission, and he seemed to be trying quite hard to get Mr. Bedrosian to calm down and disengage from this encounter.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">At this point, Mr. Bedrosian took a couple of deep breaths and tried to put a good face on the above by explaining to me in a calmer tone and a forced smile that they had no problem with this facility continuing to operate, but that the issue was one of location. He told me that there were parcels in Spring Valley that were zoned for this, and that it would be fine for the facility to move to one of them.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">I told Mr. Bedrosian calmly that I was a resident of Spring Valley, and that I was quite aware of the two parcels that he was referring to. I explained that my mobility is limited, and that I have many patients as friends who are far more disabled than I, in wheelchairs and on dialysis. I explained to him that a rock quarry and a radiation disposal area, without buildings, utilities, or improvements were not my idea of Safe Access; and that I did not think that was what the voters of California had in mind, or the framers of the Americans With Disabilities Act.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;">That is when I realized that this was an issue that Mr. Bedrosian is clearly taking very personally. He became even more angry and frustrated, and the other team member was forced to pull him away by the arm; and they left. I was afraid that Mr. Bedrosian’s clear personal bias on this political issue would result in attempted law enforcement action against me, because of my legal patient status, my political activities, and by simply being near that facility at that time.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">Apparently this facility has a number of recorded video cameras, including one covering the front outside area; and a member inside had watched this Code Enforcement “Terminal Patient Encounter” unfold. This member came outside to see if I had been harmed, and to assist me with my oxygen tank and offer me water or whatever aid I might need. Before leaving the parking lot, I contacted Eugene Davidovich the San Diego Area Liaison for Americans for Safe Access and notified him of the incident.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">It is my understanding that you personally have always treated the medical marijuana community and members of Americans for Safe Access in a fair, balanced and honorable way; and my recent meeting with you bears this out. I know as well that you have served with the highest valor in the field. I must therefore share with you one more item of the gravest concern. Yesterday I was told by members of the community that Mr. Bedrosian has had a number of other highly negative “Patient Encounters” of the worst kind.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;">It is my understanding that the purview of a Code Enforcement Officer is rather narrow.</span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">It is my sincere hope that in the future, legal patients going about their lawful occasions in San Diego County will not be harassed in the street by County Code Enforcement Officers who may be personally uncomfortable with existing California State Law and political activity by legal patients, and are unable to exercise reasonable discretion thereby.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">I must also encourage public policy discussion on this issue. It directly affects patients Quality Of Life, and intimidation of this type can keep the sick and dying from obtaining their life-saving medicine in San Diego County. I encourage you to work with Eugene Davidovich and other members of Americans for Safe Access to implement a policy for the San Diego County Sheriff’s Department that would address these types of interactions with the sick and dying in the County of San Diego.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;"></span></i></blockquote><blockquote style="font-family: Times, serif; font-size: 15px; margin-bottom: 1em; margin-left: 20px; margin-right: 20px; margin-top: 1em;"><i><span class="Apple-style-span" style="font-family: inherit;">I understand that your people have a job to do. This just isn’t it.</span></i><i><span class="Apple-style-span" style="font-family: inherit;"><br />
</span></i><i><span class="Apple-style-span" style="font-family: inherit;">Thank you Sir, Vey Linville</span></i></blockquote><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><b>Why has the county taken such a harsh stance on this issue considering that the latest field polls show 80% of registered voters in the County of San Diego support medical marijuana?</b></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;">The lack of response from the San Diego Sheriff’s Department and Code Enforcement suggests that there is a serious disconnect between the will and needs of the residents of the county and their elected representatives. This disconnect gravely concerns the community which overwhelmingly supports the Compassionate Use Act and the fair treatment of sick and dying patients.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;">In Bedrosian’s case, his personal views against medical marijuana patients have clearly influenced his work, he now as a part of his job feels he has a right to target sick people who are exercising their right to free speech, under the guise of code enforcement.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;">On-the-job Code Enforcement officers like Peter Bedrosian and other law enforcement officials should keep their personal and political beliefs from spilling these views into a vitriol of hatred of patients.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;">It is time the San Diego Community stood up against this unfair treatment of patients and demanded accountability. I encourage you to contact the San Diego County’s Citizens’ Law Enforcement Review Board and file a complaint urging them to investigate the treatment of patients by Code Enforcement as well as other law enforcement officials in San Diego County.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;">Our most vulnerable residents deserve respect and a policy that takes into account their needs.</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><b>Download Instructions and form to file a complaint with the County’s Citizens’ Law Enforcement Review Board:</b></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><a href="http://www.sdcounty.ca.gov/clerb/docs/Comp-frm.pdf" style="color: #0044cc; text-decoration: none;">http://www.sdcounty.ca.gov/clerb/docs/Comp-frm.pdf</a></span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><br />
</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;">For questions and tips contact:</span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"> </span><span class="Apple-style-span" style="font-family: Times, serif; font-size: 15px;"><a href="mailto:sandiegoasa@gmail.com" style="color: #0044cc; text-decoration: none;">sandiegoasa@gmail.com</a></span>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-33480581159195257772011-03-06T08:53:00.000-08:002011-03-06T08:53:22.516-08:00Citizens Unite in Opposition to Proposed Medical Marijuana Dispensary Ordinance<div class="MsoNormal"><b>Citizens Unite in Opposition to Proposed Medical Marijuana Dispensary Ordinance<o:p></o:p></b></div><div class="MsoNormal"><br />
</div><div class="MsoNormal"><i>Opposition mounts against proposed medical marijuana dispensary regulation for the City of San Diego. Over twenty local and national organizations join campaign opposing the ordinance and urging changes.<o:p></o:p></i></div><div class="MsoNormal"><br />
</div><div class="MsoNormal">On March 28th the San Diego City Council will be voting on an ordinance that will serve as a de-facto ban on medical cannabis facilities in the City of San Diego. If passed as currently written, this unduly restrictive ordinance would threaten the quality of life for some of the most vulnerable members of our community and would deny safe access for thousands of patients in the city.</div><div class="MsoNormal"><br />
</div><div class="MsoNormal">In order to oppose the ordinance Canvass for a Cause and the San Diego Chapter of Americans for Safe Access have launched a coalition campaign to educate the public of the impending ban and mobilize grassroots opposition to the ban.</div><div class="MsoNormal"><br />
</div><div class="MsoNormal">In the last three weeks the campaign has generated over 1,500 letters of opposition from constituents in the City of San Diego and has brought together a coalition of over twenty local and national organizations united in opposition to this ordinance! </div><div class="MsoNormal"> </div><div class="MsoNormal">The campaign has mobilized hundreds of patients and concerned citizens by organizing the medical cannabis facilities, employing well trained professional canvassers, and leading a traditional volunteer driven political effort giving the people a unique opportunity to voice their opposition to this ban.</div><div class="MsoNormal"><br />
</div><div class="MsoNormal">Our campaign is educating the public to generate massive quantities of constituents’ communications to the city council members, urging them to amend the ordinance and approve an ordinance that guarantees safe access and reflects the needs of the community.</div><div class="MsoNormal"><br />
</div><div class="MsoNormal"><b>The campaign will be holding a rally on the 28th of March! The rally will start at the Federal Courthouse located at 940 Front St. San Diego CA, 92101 at 12noon and will end at the San Diego City Hall at 202 C St. at 1:30pm when everyone will go up to the City Council Meeting to speak against the proposed ordinance at 2pm. <o:p></o:p></b></div><div class="MsoNormal"><br />
</div><div class="MsoNormal">We need your help to make the campaign a success, for volunteer opportunities, please email <a href="mailto:staff@stopthebansd.org">staff@stopthebansd.org</a> </div><div class="MsoNormal"><br />
</div><div class="MsoNormal">Visit the official campaign website for more information: <a href="http://www.stopthebansd.org/">www.stopthebansd.org</a> | <a href="http://www.facebook.com/stopthebansd">www.facebook.com/stopthebansd</a> </div><div class="MsoNormal"><br />
</div><div class="MsoNormal">San Diego Americans for Safe Access</div><div class="MsoNormal"><a href="http://www.safeaccesssd.org/">www.SafeAccessSD.org</a></div><div class="MsoNormal"><br />
</div><div class="MsoNormal">Get Involved, get active, make a difference!</div><div class="MsoNormal">Join ASA - <a href="http://www.blogger.com/www.safeaccessnow.org">www.safeaccessnow.org</a> </div>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-41474486007893935112011-02-08T10:53:00.000-08:002011-02-08T10:53:52.465-08:00Advocates Hold Press Conference at City Hall To Stop The Ban<b>San Diegans join together to “Stop The Ban” on Medical Cannabis</b><br />
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<b><i>Patient’s Advocates and Community Groups launch the “Stop the Ban” campaign at press conference in front of San Diego City Hall on Tuesday morning.</i></b><br />
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SAN DIEGO - In response to the impending de facto ban on medical cannabis facilities in San Diego, on Tuesday morning at 8am in front of San Diego City Hall, a coalition of community groups, non-profits, businesses, and concerned citizens held a press conference to announce the “Stop The Ban” grassroots campaign and town hall meeting. <br />
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Lead by the San Diego Chapter of <a href="http://www.safeaccessnow.org/">Americans for Safe Access</a>, the nation’s largest medical cannabis advocacy group and <a href="http://www.canvassforacause.org/">Canvass for a Cause</a>, a non-profit specializing in grassroots organizing, the campaign is aimed at protecting medical cannabis patients and preserving safe access to medical cannabis in the city of San Diego by urging the city council to amend the proposed ordinance, which stands to eradicate access for all patients in the City, and bring it in line with the community’s needs as spelled out in the recommendations of the City’s Medical Marijuana Task Force.<br />
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“The City Council’s ordinance as proposed would close every medical cannabis facility now serving patients in the city of San Diego, would make it virtually impossible for a facility to reopen, and would leave thousands of vulnerable AIDS, Cancer, MS and other seriously ill patients in despair. People need to know what’s about to happen in their city.” said attorney and “Stop The Ban” spokesperson Rachel Scoma at the press conference on Tuesday. <br />
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Gretchen Bergman with A New Path also addressed the press from a mother’s perspective. Ms. Bergman discussed the need for compassion and outlined her opposition to the proposed ordinance.<br />
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The Stop the Ban campaign will draw on the San Diego Chapter of Americans for Safe Access’ history of activism on the behalf of patients and will utilize Canvass for a Cause’s proven grassroots organizing and education models in order to generate mass awareness and constituent communications to city hall. “We want to make sure that if the City insists on passing this ban that they have to do so despite the most unprecedented outpouring of public opposition to an ordinance that the city has ever seen.” Scoma says.<br />
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<b>A town hall meeting will be taking place at Canvass for a Cause HQ, 3705 10th Ave. San Diego, CA on Wednesday, February 9th at 7:00pm. </b><br />
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The campaign has also launched the “Stop The Ban” website <a href="http://www.stopthebansd.org/">www.stopthebansd.org</a> aimed at informing the public about the impending ban and helping organize volunteers for the effort.<br />
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Members of the coalition as well as the coalition spokesperson will be available for interviews and to answer questions at the town hall meeting on Wednesday at 7pm. <br />
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<b>Stop The Ban Coalition: </b>Canvass for a Cause, A New PATH, Drug Policy Alliance (DPA), Americans for Safe Access, Students for Sensible Drug Policy, Ideal Choice Insurance, Law Offices of Melissa Bobrow, Law Offices of Kimberly Simms, Nug Magazine, Kush Magazine, The San Diego County Community Coalition, Green Freedom Law Group, Legal Cannabis Institute, Several Members of the San Diego Medical Marijuana Task Force, among others.Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-18404183246774039922011-02-06T20:27:00.000-08:002011-02-06T20:27:07.087-08:00Legal Cannabis Institute Doctor's Office Education Night<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiEKXhB8YHuINRjQ88CV0bAee0oAEUGrV2T2tRG5TR7mPbFhYdNcCgegza8Vus93yN_34K2lDN4KT-agBryR_Y0OG353kbMWZ48i2B0TucjUwrnajZngjzI6DAjpXgADkMpMfEFCzVYnVU/s1600/161935_120805261322384_2734911_n.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiEKXhB8YHuINRjQ88CV0bAee0oAEUGrV2T2tRG5TR7mPbFhYdNcCgegza8Vus93yN_34K2lDN4KT-agBryR_Y0OG353kbMWZ48i2B0TucjUwrnajZngjzI6DAjpXgADkMpMfEFCzVYnVU/s1600/161935_120805261322384_2734911_n.jpg" /></a></div>Legal Cannabis Institute Presents - Doctor's Office Education Night - Thu, February 17, 7pm – 9pm<br />
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In our ongoing support of Medical Marijuana Doctors, we are offering a FREE Medical Marijuana Law class on Thursday, February 17th from 7PM to 9PM to you and your staff. The Legal Cannabis Institute is on a mission to help all medical marijuana patients understand their rights and responsibilities under the ever-changing laws. All of our law classes are taught by cannabis specialized attorneys. <br />
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Everyone who works in this industry can benefit from learning the up to the minute cannabis laws. Your staff needs to be informed and educated about patient rights and responsibilities; they are the front line for most patient information. Join us for a class and feel empowered to be of service to your patients. <br />
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Please RSVP by phone to 858-864-8787 for yourself and your staff by Tuesday, February 15th. Space is limited. We invite your participation in this exciting educational adventure!<br />
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LCI Campus, 10459 Roselle Street, Suite A, San Diego, CA 92121 – 858-864-8787<br />
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<a href="http://www.legalcannabisinstitute.com/">http://www.legalcannabisinstitute.com/</a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-5363335751896753192011-02-06T08:20:00.000-08:002011-02-06T08:20:06.023-08:00Why You Need a State Issued ID Card<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjrEEITQeN7YO4Oe5-UZrbC1z2W0tiZwpwXmDG53zJsRhuEK5wPjlAInRNozH8jnOnDvnAEWbxdrVQW6nghH289uUhFyzJ3NXjcv9MNfi6lqKIvnlA3mIx1Z9ORZ1nTqKwD2iH9JwjCMBo/s1600/medical-marijuana-id-card.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="130" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjrEEITQeN7YO4Oe5-UZrbC1z2W0tiZwpwXmDG53zJsRhuEK5wPjlAInRNozH8jnOnDvnAEWbxdrVQW6nghH289uUhFyzJ3NXjcv9MNfi6lqKIvnlA3mIx1Z9ORZ1nTqKwD2iH9JwjCMBo/s200/medical-marijuana-id-card.jpg" width="200" /></a></div><i>By Melissa Bobrow, Esq., San Diego ASA</i><br />
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As an activist and educator within the San Diego medical marijuana community, I hear many rumors, myths, and just plain old crazy stories. There is so much information and misinformation about medical marijuana rights and laws. So many people try to educate themselves on the topic only to become more confused, or worse arrested.<br />
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Many people know that in order to legally obtain medical marijuana within the State of California you must obtain a valid recommendation from a doctor – either a Medical Doctor (M.D.) or Doctor of Osteopathy (D.O.). What some people do not realize, is that this recommendation will ONLY provide you with a valid defense in court. What does that mean? It means you have been arrested and now you are in court with either a public defender or you had to hire an attorney. Sound fun?<br />
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The recommendation is the first vital step to protecting your rights, but that is all it is, the first step. The next and most crucial step is going to your local county Department of Health Services and applying and obtaining a valid State issued identification card. The State card is much like a driver’s license in that it is issued by the State of California through local county offices. You do not go to Sacramento to get your license, you go to your local county DMV – the same holds true for the State issued medical marijuana card. The website for all of the criteria as to how to obtain one is available below, this article is here to explain why you need it.<br />
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<b>1. But, I Already Have A Card From My Doctor </b><br />
There are many doctors that will gladly furnish you with a recommendation and a card of their own. The plastic cards issued by the doctor are <b>NOT </b>State issued identification cards. They are nice, some nicer than others, but they will not prevent you from getting arrested – they will provide you with a valid defense in court. With nothing more than a recommendation you leave whether or not you are arrested to the full discretion of the officer. Some officers are nice, some are mean, some are educated about medical marijuana law, and some do not distinguish between medical marijuana and illicit substances. There is no reason to leave this discretion to a police officer. Protect yourself. <br />
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All State issued cards look exactly alike, just like a California driver’s license. An officer is required by law to verify your State card, whereas he or she is not required to verify your recommendation, whether it is a card with a 24 hour hotline or not. The State identification card is easier for law enforcement to identify as a legitimate card, and mandates that if you have a reasonable amount of medicine in your possession you are allowed to go home.<br />
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<b>2. Big Brother IS NOT WATCHING</b><br />
The most frequent excuse as to why many do not obtain a State card is the feared “database”. Nobody wants their name in a database that anybody can subpoena or tap into at any time. While I can give no guarantees as to anything in life, I can realistically assure you that nobody is tapping into this database. Why? If any government agency tried to obtain what are truly medical records without the consent of the patients – especially several hundred thousand patients - a lot more than just the medical marijuana community would be upset, and more important would sue. <br />
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Special interest groups that have nothing to do with medical marijuana, such as privacy groups, would be more than happy to sue the City, State, or whichever agency attempted to obtain these records. Throw on the patients whose rights are directly affected that would also sue, and you have a fiscal and political nightmare that neither the State of California nor the Federal government can presently afford.<br />
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<b>3. Okay, But What Does the ID Card Do?</b><br />
The identification card will PREVENT arrest. Say it with me now: PREVENT arrest. You are not in court, you do not have to hire an attorney, and you do not have to worry about anything (provided the amount of medical cannabis you have on your person is within the legal limits).<br />
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The most frequent place people run into trouble is in their vehicle, where your right to privacy is substantially diminished. If you are pulled over, have legal amounts of medicine in your possession, and your valid State ID card the officer must call the number, verify your card, and if you are verified send you home. <br />
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<b>4. How do I get one in San Diego County?</b><br />
Visit the County of San Diego Medical Marijuana Identification Card Program Website:<br />
<a href="http://www.co.san-diego.ca.us/hhsa/programs/phs/mmic/">http://www.co.san-diego.ca.us/hhsa/programs/phs/mmic/</a><br />
Call to make an appointment: 619-692-5723<br />
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<b>Remember: </b><br />
• Just a recommendation - even a nice one on an official card from your doctor – it’s all up to the officer.<br />
• Valid State issued identification card – the officer must verify you and send you on your way home.<br />
• Be smart, be safe, be well.<br />
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<div class="MsoFootnoteText"><i><span class="Apple-style-span" style="font-size: x-small;"><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><span style="font-family: Calibri, sans-serif; line-height: 115%;">[1]</span></span></span> Recommendations are imperative and I strongly advise acquiring a recommendation that offers a 24 hour hotline for verification purposes. When the police use their discretion to call your doctor to verify only your recommendation, you want to make sure your recommendation can be verified at all times.</span></i></div>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-15854227801913072162011-01-27T13:30:00.000-08:002011-01-27T13:30:08.268-08:00Advocates Keep Jackson out of Jail<i>By: Eugene Davidovich</i><br />
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<i><b>ASA Chief Counsel Joe Elford and defense attorney Lance Rogers successfully argued motion to keep Jackson out of jail pending appeal.</b></i><br />
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SAN DIEGO – On Thursday San Diego District Attorney (DA) Dumanis and her fierce fight against medical marijuana saw a significant setback. San Diego Superior Court Judge Howard H. Shore granted Jackson’s motion to stay out of jail pending appeal. <br />
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Jovan Jackson a medical marijuana patient, Navy Veteran, and former operator of Answerdam a medical marijuana collective in San Diego, was convicted on September 28th, 2010 after he was tried for the second time in less than a year on the same charges of marijuana possession and sale.<br />
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He was convicted in his second trial as a result of being denied the medical marijuana defense by Judge Shore, who claimed that although all were legal patients, since all 1600 members of the collective did not express that their “purpose” was to cultivate, that Jackson did not qualify for the medical marijuana collective defense. <br />
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On Wednesday, December 15th 2010 Jackson was sentenced to 180 days in jail and a fine. He was scheduled to report to jail on February 1, 2011. Also that day, Americans for Safe Access (ASA), the country’s largest medical marijuana advocacy group joined the case. Joe Elford ASA’s Chief Legal Counsel was in court officially joining, filing motions, as well as helping Lance Rogers, Jovan’s defense attorney from both trials. <br />
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On Thursday, January 27 2011 ASA Chief Counsel Joe Elford was back in San Diego in front of Superior Court Judge Howard H. Shore along with Lance Rogers arguing to keep Jovan out of Jail while ASA appeals his case. <br />
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Judge Shore heard arguments from Deputy DA Chris Linbergh who claimed that Jovan was a flight risk and should be remanded into custody. Joe Elford fired back with proof that Jackson had made every court date, that the community was behind him, as well as presented compelling case law to support keeping Jackson out on bail while his appeal was being heard. <br />
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Judge Shore agreed with the defense and explained that it would not be fair if Jackson was remanded into custody, forced to serve his time, and then later find out that he was victorious on appeal. Judge Shore further explained that this was not a typical drug case, that Jackson was not a threat, that there was no violence or weapons involved, and that this was a case where the defendant appeared to have made every attempt to follow state law.<br />
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When the DA realized that there was a chance that Jackson would not see any jail time and that Dumanis’ plan was failing, he begged the court for a bail to be set at 180 thousand dollars. Judge Shore found that to be overly excessive and reduced the bail to 50 thousand.<br />
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Judge Shore also agreed with the defense that Jackson was clearly not a flight risk and even took the time to point out that advocates for medical marijuana and other members of the community have been there for Jackson throughout the entire trial, which showed strong community ties and support. <br />
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Judge Shore moved the official date Jackson has to report to jail from February 1 to the 15, giving Jackson an extra two weeks to come up with funds necessary to stay out on bail. After the hearing advocates present in the courtroom vowed to raise the $4,500 necessary to keep Jackson out of Jail.<br />
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Within the next few months the appellate courts will decide whether to hear Jackson’s case and if the decision comes out that Jackson should have been allowed a defense during trial, his case would likely return to the superior court to be retried in front of a Jury with a medical marijuana defense as it should have been in the first place.<br />
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After this hearing the community is certain that court support works, and that the efforts of just a few can significantly impact the decisions Judges make in court and actually keep patients out of jail.<br />
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If you would like to help with the fundraising efforts to keep Jackson out of Jail contact <a href="mailto:sandiegoasa@gmail.com">sandiegoasa@gmail.com</a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-6256311451496515832011-01-18T10:45:00.000-08:002011-01-18T11:41:27.379-08:00San Diego City Planning Commission to Vote on Dispensary Ordinance<i>By: Eugene Davidovich, San Diego Americans for Safe Access</i><br />
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<b><i>Patients and Advocates concerned ordinance headed towards ban rather than reasonable regulation.</i></b><br />
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On January 20th the City of San Diego’s Planning Commission will be discussing and voting on a recommendation to the City Council to approve an ordinance limiting medical marijuana dispensaries in the City of San Diego to certain industrial and limited commercial zones. <br />
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Out of almost one hundred possible zoning categories in the city’s municipal code if the ordinance passes unchanged, the current limitations would allow dispensaries only in five specific zones within the city’s limits; IL-1-3, IS-1-1, CC-2-1, CC-2-2, and CC-2-3. <br />
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Facilities lucky enough to find friendly landlords in those five zones, would be faced with another challenge; finding friendly landlords whose properties are located at least 1,000 feet away from schools, playgrounds, libraries, child care facilities, youth facilities, churches, parks, as well as other dispensaries.<br />
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According to the proposed ordinance all dispensaries currently open in the city would be required to shut down, as the ordinance considers everyone open prior to its passage, out of compliance by default. Those who want to continue to provide safe access to patients in their current locations would have to apply for a process 4 conditional use permit (CUP). Process 4 is one of the most restrictive and expensive licensing processes the city can force an organization to go through. Under a process four, each application would have to be heard by the planning commission as well as the city council on appeal. <br />
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Under Process 4, not only would safe access be unduly restricted for patients in the city, but every dispensary application would turn into a political battle that would require city council’s vote on each application. While the political wrangling goes on in City Hall, those patients who need this medicine most would have to go without.<br />
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Even on the surface this proposal does not appear to be a compromise, nor is it a regulation addressing patients’ needs. The proposed ordinance is nothing but a ban attempting to be passed off as a regulation.<br />
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There is still a chance to turn this around. The roadmap to a reasonable compromise is already spelled out in the report presented by city staff to the planning commission. Aside from the overly restrictive ordinance, the report includes numerous alternatives and recommendations from The Medical Marijuana Task Force, the Code Monitoring Team, as well as the Community Planners Committee all of whom prior to making their recommendations heard testimony from hundreds of patients and community members on the issue. <br />
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The San Diego Medical Marijuana Task Force (MMTF) recommended a process 2 CUP for dispensaries with less than 100 members and a process 3 CUP for those with more than 100. The sensitivity buffer of 1,000 feet in the MMTF’s recommendations only applied to schools, playgrounds, libraries, child care facilities and youth facilities, not churches and parks. Also, the separation requirement from other dispensaries recommended by the MMTF was only 500 feet.<br />
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The Code Monitoring Team (CMT) also recommended a much more reasonable approach. They suggested that distances from sensitive uses be down to 300 feet, making the restrictions the same as those currently in place for off-site sales of alcohol.<br />
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The CMT also recommended that dispensaries be allowed in all commercial zones including those with residential uses, as well as industrial zones that allow retail uses such as pharmacies. With regards to the permitting process, the CMT recommended a process 3.<br />
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The Community Planners Committee (CPC) recommendations also included a less restrictive approach. Majority of members of the CPC were extremely concerned that the proposed ordinance bans access in their communities. They actually demanded that every Community Planning Group (CPG) be allowed to grant variances allowing locations in their communities if the overly restrictive ordinance ends up banning or making their neighborhoods “too sensitive” for medical marijuana. <br />
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The CPC also recommended that collectives currently open be allowed to continue operating for at least one year following the passage of the ordinance while they are coming into compliance with the new requirements. <br />
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The consensus of the San Diego Community is clear. Citizens want safe access to medical marijuana for patients in their communities. They do not want a ban nor do they want to see only a handful of facilities allowed to be open through an overly restrictive and expensive process. <br />
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The regulation adopted should allow patients to sort out the number of locations allowed to exist in the city through their patronage or lack thereof, rather than through a zoning cap or de facto ban. <br />
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San Diegans see that an ordinance so restrictive that it eradicates reasonable access in our communities would not only create many lawsuits and legal costs for the already cash strapped city, but it would also go directly against the will of California voters and the needs of the many sick and dying patients who rely on this medicine every day. <br />
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At the January 20th planning commission meeting, patients, advocates, and concerned citizens will speak out in hopes of convincing the commissioners to listen to the recommendations of the community, the MMTF, the CMT, and the CPC, to help regulate rather than ban safe access in the City of San Diego.<br />
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<b>Further Information: </b><br />
<b><i>Planning commission’s Agenda for the January 20th Meeting: </i></b><br />
<a href="http://www.sandiego.gov/planning-commission/agenda/110120.pdf">http://www.sandiego.gov/planning-commission/agenda/110120.pdf</a><br />
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<b><i>Staff Report for the January 20th meeting:</i></b><br />
<a href="http://www.sandiego.gov/planning-commission/pcreports/2011/pdf/11011.pdf">http://www.sandiego.gov/planning-commission/pcreports/2011/pdf/11011.pdf</a><br />
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<b><i>San Diego ASA News Brief about the Planning Commission Meeting:</i></b><br />
<a href="http://www.youtube.com/watch?v=OJID6QaJNjc">http://www.youtube.com/watch?v=OJID6QaJNjc</a><br />
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<b><i>Planning Commission Meeting Information:</i></b><br />
MMJ Ordinance is Agenda Item 10 - January 20th 9am <br />
12th Floor of City Hall – 202 C St. San Diego CAEugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-67407939326291161902011-01-14T12:07:00.000-08:002011-01-14T12:07:47.133-08:00Local Medical Marijuana Advocacy Group Training Public Defenders<b><i>San Diego Chapter of Americans for Safe Access conducts certified continuing legal education training for the San Diego County Public Defender’s Office.</i></b><br />
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SAN DIEGO - Successfully defending medical marijuana patients in court was the focus of Thursday’s certified continuing legal education (MCLE) training for the San Diego County Public Defenders.<br />
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About sixty public defenders, court-appointed attorneys, and private attorneys were on hand at the main San Diego training facility with over sixty others joining through an internet broadcast courtesy of the Public Defender’s Office.<br />
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“This was our most well attended training”, said Gary Gibson, Training Coordinator for the San Diego County Public Defender’s Office and local Law Professor.<br />
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Proposition 215, known as the Compassionate Use Act of 1996, established the legal right of patients to use, possess and grow marijuana with a doctor’s authorization in California. In January 2004, SB 420, a bill passed by the California legislature and signed by the governor, gave patients, collectives, and cooperative dispensaries additional rights and directing counties to afford better protection to patients and caregivers. <br />
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Since SB 420 in 2004 the appellate courts have issued many decisions directly affecting medical marijuana patients and caregivers in California including County of Butte v. Superior Court, a landmark appellate court ruling that protects the right of medical marijuana patients and their primary caregivers to collectively cultivate.<br />
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“No California medical marijuana patient or caregiver should ever have to go to jail or accept a plea bargain again,” said Steph Sherer, ASA executive director. “Once defense attorneys understand the changes in the law and the defenses available to them, they’ll be able to fight every prosecution to acquittal.”<br />
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The training sessions will count for continuing legal education credit (MCLE) for the participating attorneys and were provided to the Public Defenders Office at no cost. The training was taught by two trial lawyers, Bahar Ansari San Diego ASA board member and Lance Rogers, both of whom successfully defended medical marijuana patients at trial in San Diego and are experts in the field. <br />
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“This training helped arm the Public Defenders in San Diego who typically represent the most vulnerable in our community, those who cannot afford private counsel, with the knowledge and resources to successfully defend legitimate patients at trial”, said Eugene Davidovich San Diego Area Liaison for Americans for Safe Access who introduced the two instructors at today’s training. “It is our hope that programs like this one will help reduce the amount of cases where patients accept plea deals when they are in fact compliant with State law”.<br />
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Americans for Safe Access is the nation’s largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.<br />
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<b>Further Information:</b><br />
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Watch the News Brief about the training: <a href="http://www.youtube.com/watch?v=u4tujH3mvkI">http://www.youtube.com/watch?v=u4tujH3mvkI </a><br />
San Diego ASA: <a href="http://www.safeaccesssd.org/">www.safeaccesssd.org</a><br />
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Get Involved, get active, make a difference!<br />
Join ASA - <a href="http://www.safeaccessnow.org/">www.safeaccessnow.org </a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-103142135200379432011-01-09T10:03:00.000-08:002011-01-09T10:03:40.486-08:00Stacy Sentenced in Federal Court; Two Years Probation for Operating Medical Marijuana Dispensary<i>By: Eugene Davidovich</i><br />
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San Diego -- Today at the San Diego Federal Courthouse medical marijuana patients saw a tremendous victory in court. In front of a courtroom filled to the brim with supporters wearing green solidarity ribbons, James Stacy was just sentenced to 2 years probation for operating a medical marijuana dispensary in Vista Ca. <br />
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Mr. Stacy’s dispensary Movement in Action was raided in September of 2009 as part of San Diego DA Bonnie Dumanis’ Operation Green Rx raids on over a dozen dispensaries in San Diego.<br />
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Just two months ago Stacy was facing a mandatory minimum of 5 years in Federal Prison with the possibility of life. Shortly before his trial was supposed to begin in November of last year, the US Attorney’s office made an offer which included three years probation and no jail time, if Stacy pled guilty to one count of manufacturing marijuana (cultivation).<br />
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After careful consideration Stacy signed the deal. <br />
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Today Judge Moskowitz heard from the probation department, which recommended that Stacy be incarcerated for thirteen months as well as go to drug rehab. <br />
Both the Judge and US Attorney disagreed with the report and stated multiple times how Mr. Stacy was in clear and unambiguous compliance with state law, and that no jail time was warranted.<br />
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Judge Moskowitz took extra time to modify the terms of Stacy’s probation to make them less restrictive and even reduced the original 3 year probation recommendation to 2 years.<br />
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The US Attorney’s office agreed and Mr. Stacy walked out of that courtroom today not in custody and to a hallway filled with his supporters and friends.<br />
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Watch this San Diego ASA News Brief for James Stacy’s reaction after his sentencing as well as for the complete story:<br />
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<iframe title="YouTube video player" class="youtube-player" type="text/html" width="360" height="245" src="http://www.youtube.com/embed/FXumFR-BSAs" frameborder="2"></iframe>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-6974232582138945332011-01-06T09:24:00.001-08:002011-01-06T09:24:32.277-08:00Sentencing for Vista pot shop owner set for Friday<a href="http://www.nctimes.com/news/local/sdcounty/article_5a5857a5-22db-522b-8961-c00da9f1baf4.html?mode=story">PROSECUTORS HAVE AGREED TO RECOMMEND PROBATION, NOT JAIL</a><br />
<i>By TERI FIGUEROA - North County Times</i><br />
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A Vista man who pleaded guilty last fall to federal charges related to his medical marijuana dispensary is set to be sentenced on Friday, with prosecutors agreeing to recommend probation instead of jail time, according to court documents.<br />
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Even with the recommendation of probation, the fate of James Stacy, 46, lies in the hands of U.S. District Judge Barry Ted Moskowitz during a sentencing hearing in the judge's San Diego federal courtroom.<br />
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Stacy had faced nine federal drug charges arising from a raid of his now-shuttered Vista dispensary, Movement in Action. In October, he pleaded guilty to a single charge: manufacturing marijuana.<br />
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Stacy's medical marijuana shop on South Santa Fe Avenue was one of 14 San Diego County shops raided by local and federal authorities Sept. 9, 2009. <a href="http://www.nctimes.com/news/local/sdcounty/article_5a5857a5-22db-522b-8961-c00da9f1baf4.html?mode=story">Read More...</a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-26008186541605858922011-01-05T17:15:00.000-08:002011-01-05T17:15:52.015-08:00Protest Medical Marijuana Law Enforcement Raids in San Luis Obispo County January 11<span class="Apple-style-span" style="font-family: 'Courier New', Courier, monospace;">Regarding the recent law enforcement raids of several area medicinal marijuana delivery services, a public protest rally, including ASA participation, will take place on <b>TUESDAY, JANUARY 11th, starting at 7:30 am</b> in front of the San Luis Obispo County Courthouse on Monterey Street at Santa Rosa Street (across from the Fremont Theater).</span><br />
<span class="Apple-style-span" style="font-family: 'Courier New', Courier, monospace;"><br />
</span><br />
<span class="Apple-style-span" style="font-family: 'Courier New', Courier, monospace;">Please help get the word out to everyone you know who shares our disapproval of the heavy-handed actions of law enforcement against providers who are fully compliant with California's medical marijuana program. Many patients have also been victimized unfairly; and our SLOASA Chapter urges everyone who supports patients' rights to speak out, write letters to the media and to your local government officials here in SLO County decrying the continued expenditure of our taxpayer dollars on this war on medical marijuana.</span><br />
<span class="Apple-style-span" style="font-family: 'Courier New', Courier, monospace;"><br />
</span><br />
<span class="Apple-style-span" style="font-family: 'Courier New', Courier, monospace;">We hope to see you at the rally! Make and bring signs! Bring a friend or relative! Please remember, however, that this rally is specifically directed at the medical marijuana issue, and it will not be addressing recreational use of marijuana.</span><br />
<span class="Apple-style-span" style="font-family: 'Courier New', Courier, monospace;"><br />
</span><br />
<span class="Apple-style-span" style="font-family: 'Courier New', Courier, monospace;">Thanks for your support.</span>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-19780401465778072952010-12-09T20:54:00.000-08:002010-12-09T20:54:57.218-08:00SD ASA Holiday Party Dec 15 Portugalia Restaurant<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiMn6IIEFZ9w_pSx1nqV4BooOMrBTfM3eAOEpK1rEIMhYIi_DwWSOo9gVKQ0KD_ipNiYRYZPYLTFzeJlIM2toqMxObWVN6wR9RoqcNC7Ax2Vutku0yeRLvDatmGhfUdw6AGhpcxnKUEliU/s1600/ASA+Holiday+Party+Flier.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiMn6IIEFZ9w_pSx1nqV4BooOMrBTfM3eAOEpK1rEIMhYIi_DwWSOo9gVKQ0KD_ipNiYRYZPYLTFzeJlIM2toqMxObWVN6wR9RoqcNC7Ax2Vutku0yeRLvDatmGhfUdw6AGhpcxnKUEliU/s320/ASA+Holiday+Party+Flier.jpg" width="243" /></a></div>Mark your calendars and get ready to have a great time, and make a significant difference in our community in San Diego this holiday season.<br />
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San Diego ASA has teamed up with a number of amazing organizations in town to bring you this year’s Holiday Party! <br />
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<b>The party will be held on Wednesday December 15th 2010 form 6:30pm -9:30pm at the Portugalia Restaurant located in Ocean Beach, CA (4839 Newport Avenue San Diego, CA)</b><br />
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The night will be filled with Karaoke Caroling, Food, Laughter and Cheer!<br />
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<div style="text-align: center;"><b>WHAT</b>: San Diego ASA Annual Holiday Party</div><div style="text-align: center;"><b>WHEN</b>: Wednesday, December 15, 2010 – 6:30pm-9:30pm</div><div style="text-align: center;"><b>WHERE</b>: Portugalia Restaurant 4839 Newport Ave SD, CA</div><br />
Please bring a toy you wish you had gotten as a child for our community toy drive. This year we have teamed up with The Green Door Collective who will be bringing out the Toys for Tots Marines at 6:30pm to the restaurant to collect toys. The Green Door conducted a toy drive last year at their collective which was able to collect hundreds of toys and helped bring a positive light to our community.<br />
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$10 at the door / For more information please visit <a href="http://www.safeaccesssd.org/p/events.html">http://www.safeaccesssd.org/p/events.html</a><br />
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This event is proudly brought to you by: San Diego ASA, Legal Cannabis Institute, The Green Door Collective, Law Offices of Kimberly R. Simms, Association of Clinical Dispensaries, KUSH Magazine, NUG Magazine, Proteus 420, The Women of Marijuana, and The Law Offices of Melissa Bobrow, and many others!<br />
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Get Involved, get active, make a difference!<br />
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Join ASA - <a href="http://www.safeaccessnow.org/">www.safeaccessnow.org </a><br />
Join us on Facebook <a href="http://www.facebook.com/SanDiegoASA">www.facebook.com/SanDiegoASA</a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-24614562729661112672010-12-07T10:54:00.000-08:002010-12-07T10:54:33.735-08:00Medical Marijuana Patient Advocates Fight for New Trial in San Diego Dispensary Case<b>For Immediate Release: December 7th, 2010</b><br />
<b><span class="Apple-style-span" style="font-size: large;"><br />
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<b><span class="Apple-style-span" style="font-size: large;">Medical Marijuana Patient Advocates Fight for New Trial in San Diego Dispensary Case</span></b><br />
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<i><b>District attorney & court use double jeopardy, deny defense to unfairly convict dispensary operator</b></i><br />
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<b>San Diego, CA</b> -- Medical marijuana patient advocates filed a motion for a new trial today in the case of Jovan Jackson, who was convicted on September 28th after he was tried for the second time in less than a year on the same charges of marijuana possession and sales. After District Attorney Bonnie Dumanis failed to convict Jackson the first time, she was able to block his use of a medical marijuana defense at the second trial, virtually guaranteeing his conviction. Americans for Safe Access (ASA), the country's leading medical marijuana advocacy group, argues in its motion that double jeopardy and the denial of a defense was used to unfairly convict Jackson. The motion for a new trial will be heard at Jackson's sentencing hearing, currently scheduled for December 15th at 9am before Judge Howard H. Shore.<br />
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"Embarrassed by her earlier loss and desperate for a conviction, District Attorney Dumanis manipulated the criminal justice system to unfairly try Jackson a second time," said Joe Elford, ASA Chief Counsel, and the attorney who filed Jackson's motion for a new trial. "To make matters worse, the court deprived Jackson of the defense that was used to gain an acquittal in his first trial, and a defense to which he's entitled." In December of 2009, Jackson was acquitted by a jury of marijuana possession and sales charges stemming from a 2008 arrest. By denying Jackson a medical marijuana collective defense at his second trial, the court virtually assured his conviction.<br />
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For years Jackson had operated his San Diego medical marijuana dispensary, Answerdam Alternative Care Collective, before being raided in September 2009 by a multi-agency task force dubbed "Operation Green Rx." Although more than 60 people were arrested in several raids coordinated by Dumanis in collaboration with the federal Drug Enforcement Administration (DEA), Jackson was one of only two defendants Dumanis chose to prosecute in state court. The case against the other defendant, Eugene Davidovich, resulted in a jury acquittal of similar charges earlier this year.<br />
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Much of the opposition to local distribution from Dumanis and other detractors like Los Angeles District Attorney Steve Cooley, who recently lost his bid for Attorney General, is based on an interpretation which holds that patients cannot use money to obtain their medical marijuana, or that "sales" are somehow illegal under state law. This interpretation that patients must take part in the cultivation, must "till the soil," is strenuously held by a few rogue officials despite guidelines issued in 2008 by the California Attorney General's office and legal case law to the contrary. In Jackson's case, the court held that the dispensary operator must cultivate the marijuana sold by the dispensary.<br />
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"Jackson should not have been denied a defense and should not be used as a scapegoat for the District Attorney's misguided position that medical marijuana sales are illegal," said Eugene Davidovich, who also heads the San Diego chapter of ASA. In an effort to keep medical marijuana out of Jackson's second trial, Judge Shore ordered people in the audience to remove articles of clothing that displayed an Americans for Safe Access logo, including tote bags carried into the courtroom.<br />
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Notably, the San Diego City Council has been working for more than a year on a local medical marijuana distribution law, which would regulate the same activity for which Jackson was convicted. A San Diego grand jury issued recommendations in June calling on city and county governments to implement the state's medical marijuana law. In particular, the grand jury urged development of a "program for the licensing, regulation and periodic inspection of authorized collectives and cooperatives distributing medical marijuana."<br />
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<b>Further information:</b><br />
Jackson's motion for a new trial filed by ASA: <a href="http://americansforsafeaccess.org/downloads/Jackson_New_Trial_Motion.pdf">http://AmericansForSafeAccess.org/downloads/Jackson_New_Trial_Motion.pdf</a><br />
San Diego grand jury recommendations on medical marijuana: <a href="http://www.sdcounty.ca.gov/grandjury/reports/2009-2010/MedicalMarijuanaReport.pd">http://www.sdcounty.ca.gov/grandjury/reports/2009-2010/MedicalMarijuanaReport.pd</a>fEugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-9261437086068133192010-12-04T16:45:00.000-08:002010-12-04T16:45:51.359-08:00Judge Grants Emergency Injunction against St. Bernard’s Provisions San Marcos Medical Marijuana Collective<i>By: Eugene Davidovich</i><br />
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SAN MARCOS – On Friday of this week, San Diego Superior Court Judge Robert Dahlquist granted an emergency injunction against St. Bernard’s Provisions medical marijuana collective located in the City of San Marcos in San Diego County forcing the collective to close its doors.<br />
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Despite numerous demands by patients, advocates, and concerned citizens, the City of San Marcos has refused to accept Proposition 215 as law and is engaged in a medical marijuana eradication campaign. <br />
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In 2006 the San Marcos City Council adopted an ordinance prohibiting medical marijuana dispensaries in all zones within the city’s jurisdictional limits and specifically instructed the city’s business tax office not issue permits conditional or otherwise for such use. <br />
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Advocates, patients, and concerned citizens alike have called the San Marcos Ban unconstitutional and a slap in the face of California voters who overwhelmingly passed Proposition 215 in 1996. Since 1996 support for medical marijuana across California has continued to grow with the most recent polls showing over 70% of Californian’s in support of medical use.<br />
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To date this patient eradication campaign has cost the city millions of dollars and has included criminal and civil action against legitimate patients. The latest example in the city’s spending furry is the filing of this restraining order and demand for an “Emergency Injunction” against St. Bernard’s Provisions.<br />
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Just in the last couple months the City of San Marcos has spent several hundred thousand dollars on this effort with the cases against MMSC, Inc., and now St. Bernard’s Provisions. <br />
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On Friday December 3, members of St. Bernard’s collective were in court for a hearing on the City’s emergency injunction. The courtroom was full with over a dozen supporters, patients, and members of Americans for Safe Access, who took time on a weekday afternoon to show up in support of St. Bernards and against the injunction and illegal ban.<br />
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The hearing was scheduled to begin at 2:30 but got underway an hour late. Jeffery Lake of Lake APC, a local medical marijuana law firm which specializes in assisting patients in navigating the state’s medical marijuana laws represented St. Bernard’s Provisions that day. <br />
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The hearing began with the Judge going over the city’s complaint. The city was claiming that because St. Bernard’s business license application stated the collective provided “medical provision” rather than “medical marijuana” it was violation of the city’s code. The Judge failed to recognize or even discuss the fact that the city specifically instructed its business license office to deny all applications for medical marijuana dispensaries.<br />
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Mr. Lake explained to the Judge that the collective was truthful in their application and in fact was providing medical provisions including medical cannabis to patients and that there was already a hearing set for December 9 with the city to determine if medical provisions could include medical marijuana according to the city’s definition.<br />
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Lake also argued that the city had failed to prove that this was an emergency. There had not been a single complaint about the facility, there was no detriment or harm caused to anyone from the collective’s existence, and in fact the city’s action in itself was a detriment. Lake argued the injunction would cause harm to patients, the landlord, and others in the community who directly benefit from safe and reliable access that St. Bernard’s Provisions brought to San Marcos.<br />
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The City Attorney hardly spoke at all as she could tell that Judge Dahlquist had made up his mind about the hearing long before it began. <br />
Judge Dahlquist concluded that the collective should have applied for the license as a medical marijuana dispensary and after being denied, should have sued the city for denying it the license intern challenging the city’s ban, rather than “not being truthful in the application”.<br />
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In the end after Lake presented countless arguments, facts, and evidence clearly proving there was no justification for the emergency injunction, and that the collective was in fact truthful, Judge Dahlquist still sided with the bias and granted the city’s request forcing the collective to close. <br />
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Patients, concerned citizens, and members of the collective alike were disappointed at the decision and vowed to continue the fight for safe access and a reasonable ordinance regulating dispensaries in San Marcos rather than a ban.Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-28915935226241682452010-11-08T10:29:00.000-08:002010-11-08T10:29:20.571-08:00San Diego Americans for Safe Access November Meeting Tuesday 7pm - 11/9<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiuSHJKui1KPt7l_MHjhnoH9KwnCGC5SQcgnZcevyxpjFPtWFqeLTm8vgvrtQ7jiRpU8bq6hHq4Ma4fKwON3yWoOUb9-874mF6y2K3RO4W6I85PRECrZs_thafSLJv8Kmdyut6RsszQMQM/s1600/ASA.Logo.01.THUMB.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiuSHJKui1KPt7l_MHjhnoH9KwnCGC5SQcgnZcevyxpjFPtWFqeLTm8vgvrtQ7jiRpU8bq6hHq4Ma4fKwON3yWoOUb9-874mF6y2K3RO4W6I85PRECrZs_thafSLJv8Kmdyut6RsszQMQM/s200/ASA.Logo.01.THUMB.jpg" width="200" /></a></div><div style="font-family: Times, serif; font-size: 15px; line-height: 1.6em; margin-bottom: 0.75em; margin-left: 0px; margin-right: 0px; margin-top: 0px;">Join patients, medical professionals, scientists, and concerned citizens this<b> Tuesday, 7pm at the La Jolla Brew House </b>for the monthly (main) San Diego ASA meeting.<br />
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Find out the latest information on our efforts to establish permanent safe access to medical cannabis for patients in San Diego City, County, and all municipalities. Get involved with like minded individuals and help make a significant difference in San Diego.<br />
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Don’t forget to register for next Saturday’s Americans for Safe Access Certified training, “Putting Patients First”. This newly designed ASA training is an essential basic course for anyone serious about working professionally with patients in the medical cannabis field. Instructors include; Amanda Reiman PhD., Don Duncan, Lauren Payne, JD. This ASA workshop made possible through the generous support of Legal Cannabis Institute. ($75.00 per person, lunch included) Register Today: <a href="http://www.safeaccessnow.org/patientsfirst" style="color: #0044cc; text-decoration: none;">www.safeaccessnow.org/patientsfirst</a><br />
</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><b>NOVEMBER 2010 - SAN DIEGO ASA MEETINGS</b></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><br />
</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><b>Tuesday, November 9th -- San Diego ASA Meeting (MAIN)</b></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">7:00 p.m. @ La Jolla Brew House, 7536 Fay Ave, La Jolla 92037</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">For more info, contact: <a href="mailto:sandiegoasa@gmail.com" style="color: black; text-decoration: underline;">sandiegoasa@gmail.com</a></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><br />
</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><b>Thursday, November 11th – South Bay San Diego ASA Meeting</b></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">6:00 p.m. @ 1233 Palm Ave, Imperial Beach, CA</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">For more info, contact: <a href="mailto:rasmwboyd@yahoo.com" style="color: #0044cc; text-decoration: none;">rasmwboyd@yahoo.com</a></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><br />
</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><b>Saturday, November 13th - ASA Certified Training – Putting Patients First</b></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">9:30 a.m. @ Marina Village Conference Center - 1875 Quivira Way San Diego, CA 92109</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">Register Today! <a href="http://www.safeaccessnow.org/patientsfirst" style="color: #0044cc; text-decoration: none;">www.safeaccessnow.org/patientsfirst</a> ($75 per person lunch included)</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><br />
</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><b>Tuesday, November 23rd -- North County / Oceanside San Diego ASA Meeting</b></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">7:00 p.m. @ The Fish Joint - 514 South Coast Hwy Oceanside, CA 92054</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">For more info, contact: <a href="mailto:sandiegoasa@gmail.com" style="color: #0044cc; text-decoration: none;">sandiegoasa@gmail.com</a></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><br />
</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><b>San Diego Americans for Safe Access</b></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><a href="http://www.safeaccesssd.org/" style="color: #0044cc; text-decoration: none;">www.SafeAccessSD.org</a></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><br />
</div><div style="font-family: Times, serif; font-size: 15px; text-align: center;"><b>Get Involved, get active, make a difference!</b></div><div style="font-family: Times, serif; font-size: 15px; text-align: center;">Join ASA - <a href="http://www.safeaccessnow.org/" style="color: #0044cc; text-decoration: none;">www.safeaccessnow.org</a></div>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-58016788979494859372010-10-31T14:31:00.000-07:002010-10-31T14:31:46.977-07:00Patient Advocates Launch Effort to Oppose Steve Cooley as California Attorney General<i><b><a href="http://www.notcooley.com/">www.NotCooley.com</a> highlights Cooley's poor record on medical marijuana, the environment & equal rights</b></i><br />
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Oakland, CA -- The medical marijuana patient advocacy group Americans for Safe Access (ASA) stepped up its campaign this week to oppose Steve Cooley in his bid for California Attorney General. Hoping to convince Californians against voting for Cooley, ASA has launched the website www.NotCooley.com to highlight the ways in which Cooley would be bad, not only for patients and their providers but also for those who are concerned about the environment, equal rights, and criminal justice issues.<br />
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"The Attorney General's race is, without a doubt, the most important race for medical marijuana patients in California," said ASA Executive Director Steph Sherer. "Cooley already has the motivation, but we must not give him the means to broaden his attack on patients." Cooley has long fought patient advocates on the issue of medical marijuana. As Los Angeles District Attorney, Cooley condoned dozens of SWAT-style raids on local dispensaries, aggressively prosecuted patients and their providers, and tried to criminalize the "sale" of medical marijuana. Advocates fear that Cooley will try to expand his agenda to the entire state. "As Attorney General, Cooley could dismantle many of the gains made by patients over the past 14 years," said Sherer.<br />
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Notably, the effort to defeat Cooley on November 2nd has appealed not just to medical marijuana patients, but also to criminal justice, environmental, and marriage equality advocates alike. Opponents argue that Cooley's stance on a variety of issues makes him "Not Cool" for California. From his fervent support for the death penalty and Proposition 8, to his weak record on environmental justice and enforcement, Cooley has alienated much of the voter base he needs to get elected. "California's top law enforcement officer must protect the sick, the disenfranchised, and those targeted for discrimination," continued Sherer, "and, Steve Cooley fails on all counts."<br />
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The race for California Attorney General is closely contested, with Cooley's challenger, San Francisco District Attorney Kamala Harris, gaining in the polls. Unlike Cooley, Harris has shown consistent support for the state's medical marijuana laws and those fighting for marriage equality. On the issue of whether local medical marijuana distribution, or dispensaries, are legal under state law, the two candidates could not be more divergent. While Harris has recognized the need for dispensaries and has supported statewide regulations, Cooley by contrast has sided with the California Narcotic Officers Association (CNOA) approach that dispensaries must be "eradicated."<br />
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According to the Sacramento Bee, the race for California Attorney General is getting even more heated. The Virginia-based Republican State Leadership Committee (RSLC), a corporate front group funded by tobacco, insurance and gambling interests, and coordinated by Karl Rove, is spending $1 million in last-minute TV attack ads against Harris. On the other hand, President Obama has strongly supported and raised funds for Harris, who is the single African-American Democrat on the statewide ballot. Harris is also California's first African-American District Attorney and, if she wins next week, would be the state's first female Attorney General.<br />
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<b>Further information: </b><br />
Campaign to defeat Steve Cooley: <a href="http://www.notcooley.com/">http://www.NotCooley.com</a> <br />
NotCooley video on medical marijuana: <a href="http://www.youtube.com/watch?v=Q5ydI3ZZpzo">http://www.youtube.com/watch?v=Q5ydI3ZZpzo</a> <br />
NotCooley video on the environment: <a href="http://www.youtube.com/watch?v=JM4QzC5alNM">http://www.youtube.com/watch?v=JM4QzC5alNM </a><br />
NotCooley video on marriage equality: <a href="http://www.youtube.com/watch?v=sGPWDgQ7tik">http://www.youtube.com/watch?v=sGPWDgQ7tik</a> <br />
NotCooley poster: <a href="http://safeaccessnow.org/downloads/not_cooley_final_proof_2.jpg">http://safeaccessnow.org/downloads/not_cooley_final_proof_2.jpg</a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-67576586093129219092010-10-29T07:10:00.000-07:002010-10-29T07:10:10.567-07:00Community Planners say No De-Facto Ban - Let the communities decide!<b><a href="http://www.signonsandiego.com/news/2010/oct/28/community-groups-seek-input-pot-dispensiaries/">Community groups seek input on pot dispensaries</a></b><br />
<i>By Jen Lebron Kuhney </i><br />
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The location of medical marijuana dispensaries should be left up to individual communities rather than have to follow blanket rules set out by the San Diego City Council, according to the city’s community planning groups.<br />
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At their monthly meeting Tuesday, the groups, comprised of citizens from across the city, voted to make an official recommendation to the council to allow community groups to decide restrictions for medical marijuana shops in their areas.<br />
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The City Council is mulling a plan that would allow dispensaries in select industrial and commercial zones that have no residential uses. They would also have to be at least 1,000 feet from other dispensaries, parks, youth centers, religious institutions, day care centers and schools.<br />
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Americans for Safe Access San Diego chapter coordinator Eugene Davidovich said the city is placing a de facto ban on dispensaries due to the stringent nature of the restrictions.<br />
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“It doesn’t allow for facilities near patients,” Davidovich said. “Folks who need their medicine to function would have to find other ways to get their medicine and could go to the black market.”<br />
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If the current rules were approved, areas such as Ocean Beach, La Jolla and Hillcrest would be completely zoned out, despite their planning group representatives saying they are open to having strictly regulated dispensaries in their neighborhoods.<br />
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Joe LaCava, the president of the La Jolla Planning Association, said there are already about a half dozen dispensaries in his neighborhood, and they have been good neighbors.<br />
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The City Council does not have plans to bring up the issue of zoning medical marijuana shops before the new council is in place in December.<br />
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<a href="http://www.signonsandiego.com/news/2010/oct/28/community-groups-seek-input-pot-dispensiaries/">http://www.signonsandiego.com/news/2010/oct/28/community-groups-seek-input-pot-dispensiaries/</a><br />
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San Diego Americans for Safe Access<br />
<a href="http://www.safeaccesssd.org/">www.SafeAccessSD.org</a><br />
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Get Involved, get active, make a difference!<br />
Join ASA - <a href="http://www.safeaccessnow.org/">www.safeaccessnow.org</a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-21883150669477637472010-10-23T14:00:00.000-07:002010-10-23T14:00:01.905-07:00NUG Travel Writer In Custody with No Bail - Write Scotty in Jail<b>A message from Dion Markgraaff, Editor of Nug Magazine and former San Diego ASA Chapter Coordinator to San Diego Americans for Safe Access Members:</b><br />
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Another member of NUG Magazine has had problems with our local law enforcement. Our travel writer Brian "Scotty B." Whytsell ends up in jail with no bail. <br />
While in the Vons parking lot in Carlsbad, law enforcement contacted Scotty and a friend of his. <br />
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The officer asked if either were on probation or parole. Scotty was, as a result of a marijuana conviction in 2009. <br />
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Despite Scotty possessing a physician’s medical cannabis recommendation, the cops searched his parked car based on his Fourth Amendment waiver, found his medicine, and arrested Scotty. The cops in Scotty’s car a half pound of different strains of cannabis and twelve clones, all of which is half the amount his recommendation allows him to posess.<br />
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Initially his bail was set at $50,000 which he posted, but when Scotty went to his court hearing the following week, the Judge bucketed him on a “probation hold” from a previous cannabis conviction and Scotty has been in custody going on 2 months now.<br />
Well over 2/3’s of NUG writers have been arrested by local police for our medicine.<br />
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Scotty would love it if you would write him in jail while he sits through the court process. <br />
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<b>How to email Scotty:</b><br />
1. Click on the following link: <a href="http://apps.sdsheriff.net/wij/wijDetail.aspx?BookNum=10771181">http://apps.sdsheriff.net/wij/wijDetail.aspx?BookNum=10771181</a><br />
2. When webpage loads, look for the “Email this inmate” link, and click on it.<br />
3. You will be asked to validate your email address, and then you will be able to send an email to Scotty.<br />
4. He will be delivered ALL emails sent to him, but will not be able to respond.<br />
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Remember, he has no right to privacy in these messages. Your words will be read by the Sheriff. Send Scotty your love, support, and appreciation for standing up and fighting against the unjust system.Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-74942508470976005942010-10-21T21:53:00.000-07:002010-10-21T21:53:12.588-07:00RX FEST II - This Sunday 4:20pm - Berkeley Ferry Boat - San Diego Maritime Museum<div class="separator" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em; text-align: center;"><a href="http://rxfest2.blogspot.com/"><img border="0" height="400" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjnguWPf4ojY3o4I3KyIUCuaDKbx9SbaXpd5tROcKFKFzGn3sO7r3MmYHbkiutVkBwcqY-P_vSczjhsJI4R9p5L4FP5M0vP9nw0hJm6wqIfXDbHDG99lCLNvzcBJWCfwCY0H7PMBqI1kSs/s400/RxFest2.jpg" width="308" /></a></div><br />
This Sunday at 4:20pm if you are anywhere near San Diego, you absolutely need to stop by James Stacy's RX FEST 2. The event will be filled with great Bands, Exhibitors, Speakers, Food, and lots of education about Cannabis!<br />
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Help raise money for James Stacy as well as awareness for the cause! Share this email with a fried and help spread the word about this event!<br />
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Stacy was raided as part of Dumanis’ fierce fight against medical marijuana providers and patients in San Diego, and has refused to take a plea bargain, instead is organizing the second medical marijuana convention in San Diego! <br />
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This is a historic event in San Diego that will help raise funds for James Stacy and his Federal Medical Marijuana fight, against continued harassment, prosecution, and intimidation of legitimate medical marijuana patients attempting to follow the law.<br />
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RX Fest 2 will feature an exciting evening of exhibitors, three bands, and a number of speakers at the world famous Berkeley Ferry Boat located at the San Diego Maritime Museum on historic Harbor Drive in San Diego.. Admission is $5 and the event is OPEN TO THE PUBLIC! <br />
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Meet with national advocacy groups, medical collectives, doctors, lawyers, insurance specialists and alternative health care professionals from all over San Diego County and around the state. Listen to great speakers like Judge Grey and Lanny Swerdlow, RN, and learn the latest in medical cannabis law, regulations, as well as our strategy for Safe Access in San Diego. <br />
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For years now the DEA, Narcotics Task Force and the San Diego District Attorney’s office have been terrorizing patients in San Diego through vindictive, bias driven prosecutions, raids, and outright harassment. You can help the victims of this reefer madness propaganda campaign, and San Diego District Attorney Bonnie Dumanis’ fierce fight against patients stand up for their rights.<br />
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By supporting this event, and helping raise money for James Stacy and are helping put a stop to the cycle of plea bargains and we can begin to hold the responsible parties in our government accountable for their actions of waste, fraud, and abuse.<br />
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James Stacy is the only defendant currently being prosecuted in Federal Court from the 9/9/9 raids. All proceeds from this Concert & Expo directly benefits Stacy’s ability to continue his fight without accepting a plea.<br />
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Come support our heroes and learn more about the medical marijuana movement!<br />
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Sponsors include: Americans for Safe Access (ASA), Drug Policy Alliance (DPA), Students for Sensible Drug Policy (SSDP), KUSH Magazine, NUG Magazine, CA NORML, and many more!!<br />
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Directions and Parking The Maritime Museum of San Diego (Berkely FerryBoat) is located on Harbor Drive near the corner of Ash Street just a few blocks West of interstate 5. From interstate 5 North or South take the "Airport" exit. Look for signs on the freeway and after exiting on to surface streets that read "Embarcadero-Maritime Museum." They will direct you to the museum. Street Address : Maritime Museum of San Diego - 1492 North Harbor Drive San Diego, CA 92101 <br />
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If you are not able to make the event, please share it with a friend and help us get the word out! <br />
If you are interested in exhibiting at the event or being a sponsor, there is still time to get a booth! Call James Stacy for more information: T: (760)758-8500 - <a href="mailto:movementinaction@gmail.com">movementinaction@gmail.com </a><br />
<br />
San Diego Americans for Safe Access<br />
<a href="http://www.safeaccesssd.org/">www.SafeAccessSD.org</a><br />
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Get Involved, get active, make a difference!<br />
Join ASA - <a href="http://www.safeaccessnow.org/">www.safeaccessnow.org </a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-32179349119076126622010-10-11T13:54:00.000-07:002010-10-11T16:26:31.595-07:00James Stacy Prosecution Continues; Federal Trial to start in November<i>By: Eugene Davidovich</i><br />
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SAN DIEGO – In March of 2009, the current administration announced “they would not prosecute medical marijuana patients and providers whose actions are consistent with state medical marijuana laws.” At least that’s what the California Legislative Analyst told Californians in the voters guide for the November 2010 elections. (1)<br />
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Approximately six month after the Presidential announcement in October of 2009, the Department of Justice (DOJ) issued a memo urging all federal prosecutors and other agencies to “not focus federal resources in States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana”. (2)<br />
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A month prior to the October 2009 DOJ memo and only ten weeks after opening, James Stacy was charged in federal court following a raid on the Movement in Action dispensing collective in Vista, CA, making him the first medical marijuana provider to be tried under the new federal policy.<br />
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The dispensary was raided on 9/9/9 the same day over a dozen other medical marijuana dispensaries were raided in San Diego County as part of District Attorney (DA) Bonnie Dumanis’ fierce fight against medical marijuana patients, dubbed by her office as “Operation Green Rx”.<br />
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A few weeks prior to the raid, an undercover detective armed with a legitimate medical marijuana recommendation and a valid California ID came into the collective, presented all the appropriate paperwork, completed the membership agreements, and was allowed to join. <br />
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The detective posing as a legitimate patient was distributed a small amount of medicine and prior to leaving asked Stacy if he could contribute to the effort with labor and not just financially. According to police reports, Stacy welcomed the offer and told the undercover specifically what he could do around the facility that did not involve a financial contribution. <br />
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Stacy is the only defendant from the September raids who was charged in federal court, has refused all deals, and has taken his case to trial. The reason for his case going to federal court where he has no defense versus state where he would have been found in clear and unambiguous compliance with state law, still remains a mystery, and is a question the U.S. Attorney prosecuting Stacy has refused to answer. <br />
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In a recent article on change.org, Kris Hermes of Americans for Safe Access (ASA), the nation’s largest medical marijuana advocacy group wrote, “In many ways, James Stacy is no different than hundreds of other dispensary operators in California. In fact, most federal defendants take plea bargains and never go to trial, mainly because they know they will have no defense against their charges. Truth has been taken out of federal trials to appease government prosecutors and the DEA in their effort to undermine state medical marijuana laws.” (3) <br />
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Much like other federal cases, in Stacy’s case, U.S. District Court Judge Barry Ted Moskowitz precluded him from presenting any evidence of medical marijuana in the trial (5), including barring the defense from talking about the Presidential announcement of March 2009, the DOJ memo issued in October of 2009 as well as the fact that Movement in Action was a medical marijuana dispensary operating in full compliance with state law.<br />
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Judge Moskowitz ruled that any reasonable man or woman having read or heard the memo and announcement would NOT have interpreted them to mean that the Federal government was changing their policy with regards to medical marijuana prosecutions. It would appear that under this ruling, the California Legislative Analyst as well as the hundreds of thousands of citizens who understood the announcements to mean "they would not prosecute medical marijuana patients and providers whose actions are consistent with state medical marijuana laws", are not reasonable.<br />
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Since the ordeal began in September of 2009 Stacy’s case has garnered national attention and outrage from thousands of patients across the state who believed the administration’s announcements and thought the Federal intervention in State’s medical marijuana laws was over. <br />
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Stacy himself has become an outspoken advocate of patient’s rights and HR 3939 the “Truth in Trials Act”, which if passed by Congress would allow federal defendants to present “evidence during trial that the activities they were engaged in were performed in compliance with their state’s duly-enacted medical marijuana laws.” (6)<br />
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In response to Stacy’s activism, and refusal to accept a deal, the U.S. Attorney’s throughout the last year filed three indictments against Mr. Stacy turning the original counts into eight trumped up charges. <br />
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The latest charges include ‘distribution of a controlled substance to someone under twenty one’. The prosecution claims they found two patients in the dispensary records that were ‘underage’. One of the patients was nineteen and the other twenty years old at the time of their membership. <br />
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The other charge in the most recent indictment was one not heard of before in these types of cases, a charge for being an ‘Illegal drug user’. The prosecution claims that since Stacy admitted to being a medical marijuana patient and because there is no allowed medical use of marijuana under federal law, that he was an ‘Illegal’ drug user.<br />
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After the most recent superseding indictment, the defense filed several motions asking the court to dismiss the trumped up charges as well as to address the vindictiveness of the prosecution against Stacy.<br />
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On Wednesday of last week, Stacy was back in court, where Judge Moskowitz heard oral arguments regarding the motions filed by the defense. Kasha Castillo, Stacy’s Federal Public Defender argued that there was no clear definition in the law about what constitutes a ‘legal’ versus an ‘Illegal’ user, making this statute unconstitutionally vague.<br />
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The U.S. Attorney fired back stating that marijuana was not a medicine and had no accepted medical use, making Stacy an illegal drug user.<br />
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There were no oral arguments heard about the underage or vindictive prosecution charges as both attorneys agreed to submit those arguments in writing. Judge Moskowitz declined to rule on the motions that day and said he would issue a written decision within the week.<br />
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The next court date in Stacy’s case is set for October 20th at 10:30am in Courtroom 15, where motions in limine will be heard. The trial set to start on November 1, 2010<br />
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Aside from not taking a deal and advocating for HR 3939, Stacy has successfully organized and put on a medical marijuana convention in San Diego, with the second one dubbed Rx Fest II (7), planned for October 24 from 4:20pm – 9:30pm at the Maritime Museum on board the Berkeley Ferry Boat. That day hundreds of medical marijuana patients and concerned citizens will come together to help raise money for James Stacy as he goes through the Federal trial.<br />
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<b>References:</b><br />
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<ol><li><a href="http://www.voterguide.sos.ca.gov/pdf/english/19-title-summ-analysis.pdf">http://www.voterguide.sos.ca.gov/pdf/english/19-title-summ-analysis.pdf</a></li>
<li><a href="http://blogs.usdoj.gov/blog/archives/192">http://blogs.usdoj.gov/blog/archives/192</a></li>
<li><a href="http://criminaljustice.change.org/blog/view/without_truth_in_trials_medical_marijuana_defendants_have_no_hope_of_justice">http://criminaljustice.change.org/blog/view/without_truth_in_trials_medical_marijuana_defendants_have_no_hope_of_justice</a></li>
<li><a href="http://www.safeaccessnow.org/downloads/U.S._v_OCBC.pdf">http://www.safeaccessnow.org/downloads/U.S._v_OCBC.pdf</a></li>
<li><a href="http://americansforsafeaccess.org/downloads/Stacy_Ruling.pdf">http://americansforsafeaccess.org/downloads/Stacy_Ruling.pdf</a></li>
<li><a href="http://www.safeaccessnow.org/section.php?id=354">http://www.safeaccessnow.org/section.php?id=354</a></li>
<li>Rx Fest II - For more information or to reserve an exhibitor space please call 760-758-8500 or email <a href="mailto:movementinaction@gmail.com">movementinaction@gmail.com </a></li>
</ol>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0tag:blogger.com,1999:blog-9024882882263408770.post-57551628551525974142010-10-05T21:39:00.000-07:002010-10-05T21:39:12.676-07:00San Marcos City Attorney files for ‘Emergency’ Injunction on MMSC Dispensary<i>By: Eugene Davidovich</i><br />
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjaZ6Zh8i1ciRFnMJYCbf9WtxzjKkkPd2FLOBe0TkDrDx7GUDuNAvwXc9Ksd7Y_Mv0c3ujggfyHXsB24mTRAxlQqKWx8O-lejgYg2Tz0KUZFeYZ_ebHTnqy0Umwzw-fBVCht4Bk7NJ5LN8/s1600/mmsc.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="67" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjaZ6Zh8i1ciRFnMJYCbf9WtxzjKkkPd2FLOBe0TkDrDx7GUDuNAvwXc9Ksd7Y_Mv0c3ujggfyHXsB24mTRAxlQqKWx8O-lejgYg2Tz0KUZFeYZ_ebHTnqy0Umwzw-fBVCht4Bk7NJ5LN8/s200/mmsc.jpg" width="200" /></a></div><b>Judge delays decision on ‘emergency’ injunction as patients pack the room for a standing room only hearing, hoping to retain safe access to their medicine.</b><br />
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SAN MARCOS – In 2006 the San Marcos City Council took a preemptive strike at the State’s medical marijuana laws. Against the protests of patients, city residents and advocates, City Council adopted an ordinance prohibiting medical marijuana dispensaries in all zones within the city’s jurisdictional limits and specifically instructed the city’s business tax office not issue permits conditional or otherwise for such use.<br />
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Despite the unconstitutional ban adopted by the city council, MMSC a collaboration of medical marijuana patients in San Marcos came together to open a dispensing collective in a light industrial area of the city, an ideal location, sensitive to the typical community concerns associated medical marijuana dispensaries. <br />
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The collective cultivation effort, headed by Ronnie Chang arose as a result of demand from thousands of patients in San Marcos for safe and reliable access to medical cannabis. MMSC stepped up to meet that demand and provided a safe environment where patients could obtain their medicine, discuss cultivation techniques, and associate for the purposes of collectively growing marijuana.<br />
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The city quickly went after this association of patients, first by convincing the San Diego County Narcotics Task Force (NTF) to conduct a raid on the MMSC facility on September 9, 2009; the day that over a dozen other medical marijuana dispensaries were raided throughout San Diego County as part of DA Bonnie Dumanis’ fierce fight against medical marijuana patients known as Operation Green Rx.<br />
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MMSC withstood the assault and continued to provide safe access to patients in San Marcos. The reefer madness propagandists however, did not stop there.<br />
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Recently, the San Marcos City Attorney’s office filed suit against the collective, demanding that a San Diego Superior Court Judge grant the city an ‘emergency’ injunction forcing the collective to close.<br />
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On Thursday of this week, during a hearing in the matter, Judge Earl H. Maas delayed granting the ‘emergency’ injunction against MMSC. After hearing arguments from the City Attorney as well as Lance Rogers, the plaintiff’s attorney representing the patients, Judge Maas stated, “I will review all the briefs and cases the attorneys have asked me to look at and issue a decision at the end of next week.”<br />
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During the hearing Judge Maas seemed not to be buying the City’s claim that this was an ‘emergency’ situation. He asked the City Attorney to produce evidence of the ‘emergency’ and insisted that they cite specific proof that the facility itself caused a nuisance to the community. <br />
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At several points throughout the hearing Judge Maas asked about the city’s ban and appeared to see through the City Attorney’s attempt to qualify a ban as a regulation. Fourteen years after Proposition 215, still having an outright ban, ignoring the law, science, and the will of their community was an embarrassment for the City of San Marcos.<br />
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Aside from citing only anecdotal evidence from outside of San Diego County claiming that ‘dispensaries were bad’, the City Attorney failed to provide any proof that MMSC had done anything but help bring a positive benefit to the community of San Marcos. <br />
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The City Attorney was not able to produce evidence supporting their allegations nor could they provide any legitimate reason or explanation for having an outright ban. <br />
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Unlike San Marcos’ City Attorney, the patient-members of MMSC came to court that day armed with evidence, common sense, and the law. <br />
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Rogers on behalf of MMSC presented to the court numerous letters from surrounding businesses, all supporting the collective, and urging the court to allow MMSC to remain open in their neighborhood. Rogers explained to Judge Maas that aside from being a good neighbor, MMSC has gone out of their way to come into compliance with state law and local law.<br />
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Aside from formally organizing with the state, the collective not only applied for but actually received a business tax certificate (Business License) under the nursery category for “high end plants and flowers”, from the City of San Marcos. <br />
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The City Attorney argued that first, MMSC should have applied for a Business Tax Certificate specifically as a medical marijuana dispensary rather than a nursery, and only after being denied, should have filed suit challenging the City’s ban to be unconstitutional, not the other way around. <br />
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Although the purpose and intent of the collective was clearly stated in the application for the business license, according to the City Attorney MMSC’s business license was not valid. It seems that in San Marcos marijuana does not constitute a high end plant / flower. <br />
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During the hearing, it appeared the City Attorney was having difficulty making all these arguments while keeping a straight face. It was even more difficult for patients who rely on this medicine daily to see their own city government try to cut off access.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgSp5FjuJr0KJcg9bnT-RnK6zrJCJ6gBtN6bvp8Hz1IYKWZilaRauJb1M1cJlJnSPWQl3KDATrHJGKvd8S23AsWwmAi5UqGfpqv7cNK0U1GLWfRuFVSKfs8MTTY6eajJQeC6plXHRuSpvg/s1600/fgh+057.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="148" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgSp5FjuJr0KJcg9bnT-RnK6zrJCJ6gBtN6bvp8Hz1IYKWZilaRauJb1M1cJlJnSPWQl3KDATrHJGKvd8S23AsWwmAi5UqGfpqv7cNK0U1GLWfRuFVSKfs8MTTY6eajJQeC6plXHRuSpvg/s200/fgh+057.jpg" width="200" /></a></div>The hearing was held in a courtroom filled to the brim with over fifty MMSC patients and supporters, all well dressed and from different walks of life. Wheelchair and walker bound patients, doctors, lawyers, and advocates all came out to show their support and packed the courtroom.<br />
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At one point during the hearing after a few emotional reactions from supporters, Judge Maas addressed the crowd explaining to them that this was the first time he had ever allowed people to sit on the floor and to stand in the isles, during a hearing in his courtroom. <br />
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“I understand this issue is important to many in our community and I assure you that both sides will get a fair hearing in my courtroom”. Judge Maas said. “I will allow the supporters to remain however you must agree to stay silent throughout the rest of the proceedings”. <br />
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Not a single emotion was further heard from the crowd following the Judge’s request.<br />
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The City Attorney kept arguing for as long as Judge Maas allowed, claiming all dispensaries were illegal under state law, echoing Dumanis’ assertion that all members must roll up their sleeves and plow the fields together in order for it to be legal. The City Attorney also asserted that they had every right to ban any use of a property within their jurisdiction.<br />
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According to that claim, it would seem that the City of San Marcos is under some sort of dictatorial rule of the City Council.<br />
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Judge Maas left many issues unresolved at the hearing, including the constitutionality of the City’s ban on dispensaries as well as MMSC’s right to operate in San Marcos. He did however promise to issue a decision towards the end of next week regarding the ‘emergency’ injunction.<br />
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Several patients following the hearing were quoted as saying, “as a result of the Judge not making his decisions immediately and delaying for a week, for the time being, MMSC may very well be the only quote unquote ‘legal’ dispensary in San Diego County.”<br />
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The community is grateful to MMSC for challenging the City of San Marco’s unconstitutional ban on safe access and hopes that the many thousands of patients in the City of San Marcos will find clarity in the law and are able to retain safe access in their community through the courts.<br />
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<b>Further Information:</b><br />
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San Marcos Ordinance Banning Dispensaries (Chapter 5.54): <br />
<a href="http://www.ci.san-marcos.ca.us/Modules/ShowDocument.aspx?documentid=243">http://www.ci.san-marcos.ca.us/Modules/ShowDocument.aspx?documentid=243</a><br />
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ASA compliance letter sent to more than 140 localities:<br />
<a href="http://americansforsafeaccess.org/downloads/ASA_Letter_re_Anaheim_Ruling.pdf%20">http://AmericansForSafeAccess.org/downloads/ASA_Letter_re_Anaheim_Ruling.pdf </a><br />
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Appellate court ruling in Qualified Patients Association v. City of Anaheim: <a href="http://americansforsafeaccess.org/downloads/Anaheim_Ruling.pdf">http://AmericansForSafeAccess.org/downloads/Anaheim_Ruling.pdf</a><br />
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Status of California city ordinances regulating and banning dispensaries:<br />
<a href="http://americansforsafeaccess.org/regulations">http://AmericansForSafeAccess.org/regulations</a>Eugene Davidovichhttp://www.blogger.com/profile/02589670507937065839noreply@blogger.com0