Citizens Unite in Opposition to Proposed Medical Marijuana Dispensary Ordinance

Citizens Unite in Opposition to Proposed Medical Marijuana Dispensary Ordinance

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.

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.

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.

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!

                                   

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.

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.

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.

We need your help to make the campaign a success, for volunteer opportunities, please email staff@stopthebansd.org

Visit the official campaign website for more information: www.stopthebansd.org | www.facebook.com/stopthebansd

San Diego Americans for Safe Access

www.SafeAccessSD.org

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org

Legal Cannabis Institute Doctor's Office Education Night

Legal Cannabis Institute Presents - Doctor's Office Education Night - Thu, February 17, 7pm – 9pm

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.

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.

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!

LCI Campus, 10459 Roselle Street, Suite A, San Diego, CA 92121 – 858-864-8787

http://www.legalcannabisinstitute.com/

Protest Medical Marijuana Law Enforcement Raids in San Luis Obispo County January 11

Regarding the recent law enforcement raids of several area medicinal marijuana delivery services, a public protest rally, including ASA participation, will take place on TUESDAY, JANUARY 11th, starting at 7:30 am in front of the San Luis Obispo County Courthouse on Monterey Street at Santa Rosa Street (across from the Fremont Theater).


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.


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.


Thanks for your support.

SD ASA Holiday Party Dec 15 Portugalia Restaurant

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.

San Diego ASA has teamed up with a number of amazing organizations in town to bring you this year’s Holiday Party!

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)

The night will be filled with Karaoke Caroling, Food, Laughter and Cheer!

WHAT: San Diego ASA Annual Holiday Party

WHEN: Wednesday, December 15, 2010 – 6:30pm-9:30pm

WHERE: Portugalia Restaurant 4839 Newport Ave SD, CA

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.

$10 at the door / For more information please visit http://www.safeaccesssd.org/p/events.html

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!

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org
Join us on Facebook www.facebook.com/SanDiegoASA

San Diego Americans for Safe Access November Meeting Tuesday 7pm - 11/9

Join patients, medical professionals, scientists, and concerned citizens this Tuesday, 7pm at the La Jolla Brew House for the monthly (main) San Diego ASA meeting.

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.

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: www.safeaccessnow.org/patientsfirst

NOVEMBER 2010 - SAN DIEGO ASA MEETINGS

Tuesday, November 9th -- San Diego ASA Meeting (MAIN)

7:00 p.m. @ La Jolla Brew House, 7536 Fay Ave, La Jolla 92037

For more info, contact: sandiegoasa@gmail.com

Thursday, November 11th – South Bay San Diego ASA Meeting

6:00 p.m. @ 1233 Palm Ave, Imperial Beach, CA

For more info, contact: rasmwboyd@yahoo.com

Saturday, November 13th - ASA Certified Training – Putting Patients First

9:30 a.m. @ Marina Village Conference Center - 1875 Quivira Way San Diego, CA 92109

Register Today! www.safeaccessnow.org/patientsfirst ($75 per person lunch included)

Tuesday, November 23rd -- North County / Oceanside San Diego ASA Meeting

7:00 p.m. @ The Fish Joint - 514 South Coast Hwy Oceanside, CA 92054

For more info, contact: sandiegoasa@gmail.com

San Diego Americans for Safe Access

www.SafeAccessSD.org

Get Involved, get active, make a difference!

Join ASA - www.safeaccessnow.org

San Marcos City Attorney files for ‘Emergency’ Injunction on MMSC Dispensary

By: Eugene Davidovich

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.


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.

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.

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.

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.

MMSC withstood the assault and continued to provide safe access to patients in San Marcos. The reefer madness propagandists however, did not stop there.

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.

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.”

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.

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.

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.

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.

Unlike San Marcos’ City Attorney, the patient-members of MMSC came to court that day armed with evidence, common sense, and the law.

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.

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.

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.

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.

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.

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.

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.

“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”.

Not a single emotion was further heard from the crowd following the Judge’s request.

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.

According to that claim, it would seem that the City of San Marcos is under some sort of dictatorial rule of the City Council.

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.

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.”

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.

Further Information:

San Marcos Ordinance Banning Dispensaries (Chapter 5.54):
http://www.ci.san-marcos.ca.us/Modules/ShowDocument.aspx?documentid=243

ASA compliance letter sent to more than 140 localities:
http://AmericansForSafeAccess.org/downloads/ASA_Letter_re_Anaheim_Ruling.pdf

Appellate court ruling in Qualified Patients Association v. City of Anaheim: http://AmericansForSafeAccess.org/downloads/Anaheim_Ruling.pdf

Status of California city ordinances regulating and banning dispensaries:
http://AmericansForSafeAccess.org/regulations

TWO PATIENTS NEED YOUR SUPPOR - WEDNESDAY - June 9, 2010

COURT SUPPORT AT 8:30am (Heather Larney) & 10:30am (James Stacy) in FEDERAL COURT

ASA Meeting Tonight at 6pm - Pt. Loma Library

Today at 6pm we are holding the monthly San Diego ASA meeting at the Pt. Loma Library (3701 Voltaire Street San Diego, CA 92107)

This is a time in San Diego when you should be most involved and on top of what is happening in the county and the city with regulations and laws.

Alex Kreit the chair of the San Diego Medical Marijuana Task Force and Professor at Thomas Jefferson School of Law, will be there tonight to talk about what the city of San Diego is doing with regards to regulations of medical marijuana dispensaries. We also have a very special guest, Gretchen Bergman of A New Path who will be there to talk about the new campaign she has launched “Moms Unite to end the War on Drugs”.

You will also hear about the latest news across the nation and the state with regards to medical marijuana!

I look forward to seeing everyone there.

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

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

On Level Four Permitting in San Diego

By: Larry Sweet, San Diego MMTF / San Diego ASA

As the author of the two-tier permitting recommendation from the Medical Marijuana Task Force (MMTF), I have often been asked “why don’t you support level four permitting for dispensaries?”  It is a reasonable question and one that deserves a considered opinion.  I hope the following helps clarify this question and helps people get behind reasonable permitting.

The first thing to understand is that a level four permit is the same permit that is required for an airport for example or botanical gardens for another.  It is necessary for the complex nature of these enterprises and allows for extensive conditional use, public review and exhaustive inspection.  One would expect that level of permitting for control of pollution.  Dispensaries are not that complicated.

The City IBA reported to the MMTF that the initial, non-refundable fee for a level four permit was $8,000.  In addition to that; all agree that the costs of inspection and permitting should be recovered from the applicant.  According to the documentation from other Counties reviewed by the MMTF these permits can cost applicants $35,000 to $50,000 in fees for the permitting process alone.

A hidden cost to the start up cost is the investment beyond the permitting fees themselves.  Any business that applies for a fee will have to demonstrate they have a location which means a lease agreement entailing deposits and a financial commitment for typically more than a year.  In addition there are the costs associated with remodeling, furniture, security equipment, medicine and myriad other necessities.  These costs mount up extremely fast considering you can easily spend $30,000 on the lease alone.

A conservative estimate based on the above show that if your collective wishes to open a dispensary they will need somewhere north of $100,000 for start-up capitol. 

There are two extremely important points relative to that number:
1.     This effectively closes every legitimate collective in town, except a couple of very large operations.
2.    The City is asking only people with that much money to provide medicine for the patients who need access.

I believe that San Diegans, due to their proximity to the border, must be extremely careful who they invite to this dance.  Unfortunately, we have people that are that well organized with those resources engaged in a blood bath south of the border.

I am not certain that the City Council itself fully understands the implications of passing a level four permit.  Do they really want to have their name and office associated with every dispensary that exists in San Diego from this point forward?  Do they really have the time, energy and political capitol to revisit this issue every time someone wants to provide safe access in San Diego?  I prefer the permitting process to be codified and clear, not subject to the political aspirations of the current or any other City Council. 

I do not intend to make the case for the two-tier approach again; I believe that the protection it affords smaller collectives is self evident.  My concern is that the City Council is about to throw the baby out with the bath water if they support level four permitting.  The current strength found in the responsible and respectable collectives in town will be decimated and patients will be forced into WeedMart corrals for access to their medicine.  It is my hope that the level heads on the City Council are aware of these issues and will provide, somehow, for the continuing existence of the current collectives, regardless of their size or financial resources.

 San Diego Medical Marijuana Task Force Website

Imperial Beach Medical Marijuana Ordinance Update

By: Marcus Boyd, San Diego ASA

The Imperial Beach City Council heard the 2nd Status Report on Interim Ordinance No. 2009-1091 at the IB city council meeting on Wednesday evening April 21st, 2010.  Ordinance No. 2009-1091 is/was the anxiously awaited medical marijuana zoning ordinance for the City of Imperial Beach requested by local citizens concerned about the lack of safe access in South San Diego, National City, Chula Vista, Nester, San Ysidro, Bonita... well you know the issue... it's all of San Diego County!  (video links of the meeting are below)

Similar to all other San Diego County municipalities, the Imperial Beach MMJ ordinance process has been plagued with material inconsistencies provided to and presented by the city staff to the city council in an obvious attempt to confuse the local governing body into a "deer in the headlights" position.  Nevertheless, diligent activism and legislative efforts in Imperial Beach appeared to have real promise in yielding the first ordinance offering safe and legal access to medical marijuana in San Diego County. 

However, despite a letter sent to the officials of the City of Imperial Beach requesting the Imperial Beach city council to; "set the example in San Diego County in moving earnestly toward an ordinance that would aim to provide the seriously ill with safe and legal access to marijuana for therapeutic use as intended by the Compassionate Use Act (Cal. Health & Safety Code § 11362.5) and Medical Marijuana Program Act (Cal. Health & Safety. Code § 11362.7 etseq.; People v. Urziceanu (2005) 132 Cal.App.4th 747, 785.)", the all but one of the council members have changed their minds and are now allowing the city to move forward with stonewalling the ordinance for another year in August.

The Imperial Beach city council meeting video has been divided into three parts and can be viewed here;

1 of 3


2 of 3


3 of 3


If you would like to be CC'ed on the recent letters that were sent to the Imperial Beach city council please respond to this email and we would be happy to forward them to you. They're really juicy!

San Diego Chapter of Americans for Safe Access
www.SafeAccessSD.org

San Diego Man Getting His Weed Back From The Cops

By Steve Elliot, Toke of the Town

A judge Friday morning ordered the San Diego Police Department to return all property seized from medical marijuana patient and provider Eugene Davidovich, including the dried marijuana and concentrated cannabis seized more than a year ago, in February 2009.

"Although I don't agree with this, I have no choice but to return the property of Mr. Davidovich," said Judge David Szumowski. 

"After receiving a refusal from the District Attorney's office to comply with our letter of demand for the return of all my property, today we were forced to spend more of our resources as well as the taxpayers' resources on frivolous litigation caused by San Diego District Attorney Bonnie Dumanis's bias and hate towards medical marijuana," Davidovich said.

"Will Ms. Dumanis ever stop going after medical marijuana patients and begin respecting state law?" Davidovich asked.

Davidovich, the former defendant in a San Diego medical marijuana trial, said the office of  the District Attorney was wrongfully holding his belongings, despite his acquittal by a jury.

Eugene became a spokesman for local medical marijuana patients when his home was raided and four charges brought against him. According to Davidovich, the reason he had to go back to court to get his belongings is likely political.

Davidovich was one of 37 people charged with criminal offenses during Operation Endless Summer in 2008. He was unanimously founded not guilty by a jury on March 25.

Attorney Michael McCabe had already contacted Deputy District Attorney Theresa Pham at least five times to obtain Davidovich's belongings, to no avail. McCabe was eventually forced to send a letter (PDF)  to Pham on April 7 with the formal request.

"Since Mr. Davidovich was acquitted of all charges by the jury's verdict on March 25, 2010, your office has no legitimate reason to continue to maintain possession of these items," McCabe wrote in his letter. "Thus, under the express power conferred upon the Court by Penal Code 15365, these items must be returned to Mr. Davidovich."

The letter said that the D.A. is required, under California law, to return "34.1 grams of marijuana contained within 11 separate plastic bags, as well as 14.59 grams of concentrated cannabis (hashish) contained within three plastic bags."

According to Davidovich, the D.A. will also be required to return his backpack, passport, scale and papers, and other non-drug items.

Davidovich said that when he initially called D.A. Dumanis's office to request the return of his property, a staff person accused him of being a "stoner."

The D.A.'s office denies this accusation.

La Jolla Comedy Store - Comedy Show TONIGHT!

TODAY on 4/20 COME SEE the Medical Marijuana ExtravaGANJA –at the La Jolla Comedy Store Doors Open 8:30pm – Show starts at 9pm!

La Jolla Comedy Store
916 Pearl St. La Jolla, CA 92037

Howard Dover, The Comedy Store, San Diego Americans for Safe Access and NUG Magazine presents a night of comedy!

This is a 21+ Event.
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The show starts at 9 pm and doors open at 8:30. Get there early as you definitely want to be part of this Medical Marijuana Comedy EXTRAVAGANJA brought to you by San Diego ASA, NUG Magazine, and Howard Dover.

La Jolla Comedy Store is located at 916 Pearl St., 92037. - (858) 454-9176.
The show will feature the Star Comedian Howard Dover as well as others!
Check out Howard Dover's site at http://www.howarddover.com

THE LINE UP:
from "Weeds" Comedian lil G www.myspace.com/comedianlilg

From the tonight show and the jimmy kimmel show Jason Gillearn www.irishcomic.com

Tony Hinchcliffe (nbc's hit show "Heroes", and opens for Sam Tripoli around the world.)
Jayson Thibaux, Dan Murphy and much more!!

Tickets are only $10, cash only at the door or for more info contact Eugene at (619) 446-9786.
Our thanks to San Diego ASA and NUG Magazine for their support.

Proceeds benefit San Diego ASA.
Doors open at 8:30 pm. See you there!

San Diego Americans for Safe Accesswww.SafeAccessSD.org

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

James Stacy Federal San Diego Medical MarijuanaTrial Update

James Stacy, a legitimate medical cannabis patient and founding member of Movement in Action Collective which was raided on 9/9/9 by Bonnie Dumanis and her Cross Jurisdictional Narcotics Task Force (NTF) is facing Federal charges and the possibility of life in prison for simply following state law.

Last year an undercover detective came in to the collective pretending to be a legitimate patient. The detective presented a current and authentic medical marijuana letter of recommendation as well as a CA drivers license. After completing all the required membership agreements and going through the member screening process, he joined the collective and purchased a small amount of medicine.

According to the police reports, while in the collective, the detective asked whether he could contribute to the effort in other ways besides financially reimbursing the collective for the medicine. James explained to him that he could work at the collective, help out, and contribute in other ways.

In a recent San Diego City Beat Article, Dave Maas wrote that “Stacy says he did the due diligence: He researched the prosecutorial policies articulated by Holder, hired a lawyer to walk him through the process and corresponded with the California Secretary of State’s (SOS) office on how to file for “public benefit” status, the technical term for a California nonprofit. The SOS even provided him with a copy of the state Attorney General’s guidelines for running a collective. Unlike many of the other collectives where the San Diego Regional Narcotics Task Force ran stings, Stacy opted for a low-profile model because, he says, “I didn’t want people who didn’t need to know to have it in their face.”

Less than 2 months later on 9/9/9, the San Diego NTF, raided James’ collective, arrested him, and charged him with sales, cultivation, and manufacturing of cannabis, during the raid, at the collective the NTF detectives found a registered firearm and have charged James with possession of the firearm in connection with running an “illegal operation”.

The collective was operating in full compliance with state law, and the US Attorney office has suggested that they agree with that fact. Kasha Kastillo the federal public defender representing James in this case, has filed numerous motions attempting to get the case dismissed or at the least sent to state court, with no prevail.

Although James suffers from daily chronic pain, he has complied with all requirements of his federal indictment including not using medical cannabis, which has taken a negative toll on his life. In a recent hearing James’ attorney asked the court to allow James to medicate. San Diego ASA was at the hearing to hear the prosecution's demand that as a result of this request James be drug tested weekly.

The Judge explained to both sides that he could not give authorization for James to medicate as this was Federal Court and marijuana was still considered an illegal substance but at the same time refused to implement the drug testing requirements.

James next hearing is April 21, 2010 at 3:00pm in Courtroom 15. Come out to the San Diego Federal Courthouse at 940 Front St. San Diego CA, 92101 to support James Stacy in court.

This hearing is critical to the case as it is when the Judge will decide whether to allow James to use his medical marijuana defense at trial.

James Stacy’s trial is currently scheduled to begin on April 26, 2010 in San Diego Federal Court, 940 Front St San Diego CA 92101. Today James told San Diego ASA that his attorney tells him the trial might be postponed till August. We will continue to keep a close eye on James’ case and update the community if the dates change.

How you can help James Stacy Today:

1. Help HR 3939 Pass! This is new Federal Legislation known as the “Truth in Trials” act, which would allow Federal defendants to present the medical marijuana defense in federal court. One in four Americans now lives in a state with laws governing medical marijuana. Unfortunately, law-abiding citizens can still be prosecuted on federal marijuana-related charges as Mr. Stacy is being prosecuted in San Diego. Even with the Obama Administration’s new guidelines, federal prosecutors can still block defendants from showing that they were in compliance with state law.

The “Truth in Trials” Act, H.R. 3939, would end this injustice by ensuring that federal defendants could present evidence showing that they were following state law. Introduced by US Representative Sam Farr, this important legislation would give law-abiding citizens the ability to defend themselves in federal court. Urge your Member of Congress to cosponsor "Truth in Trials" today by completing and submitting the following online form CLICK HERE TO URGE CONGRESS TO PASS HR 3939

2. Send James an email of support letting him know that the community is behind him 100% in this difficult time, that we will be there in court to support him throughout the trial, that his fight is our fight and that we admire, appreciate, and support James standing up for our rights against this injustice! James can be reached at movementinaction@gmail.com

3. Donate to James, to help him and his family get through this nightmare. Visit his website and click on the DONATE link! http://movementinaction.org/donte/

To find out more about James’ case please visit www.movementinaction.org

Eugene Davidovich
San Diego Americans for Safe Access
www.SafeAccessSD.org

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

San Diego ASA Meeting Update

By: Eugene Davidovich, 4/14/2010

SAN DIEGO – On April 13th the San Diego Chapter of Americans for Safe Access held their monthly meeting at the Pt. Loma Public Library. The location was great! A state of the art conference room that fits over 120 people, with comfy modern chairs, and perfect lighting. The problem was getting into the actual room on time.

Although the meeting was supposed to start at 6:00pm, when we got to the location, we were told that another group was still using the room and might be running a little late. When we inquired further, we found out it was the Citizens Review Board, a police oversight committee that was meeting in the room.

Closer to 6pm, as there was already a small crowd gathered in the Library lobby outside the Community Room where out meeting was to be held, a gentleman dressed in civilian clothes, wearing a badge and a gun came out of the room and explained that they were running late and were in the middle of discussing a very important case. He and another lady from the group profusely apologized for the delay they were causing us. At 6:30 we were finally able to get into the room.

With the help of pretty much everyone who came, we rearranged all the chairs and desks in the room in a matter of minutes to accommodate our meeting and kicked the meeting off!

We began with a brief discussion of the National ASA News Letter. After the newsletter discussion we cut the cake, provided courtesy of Rich and Carol in celebration of the recent victory in my case (People v Davidovich).

We went on to discuss AB 2650 and the bill’s defeat at the California Assembly Committee on Public Health. This was a bill that would have effectively banned medical marijuana dispensaries in California requiring buffer zones between collective and a laundry list of “sensitive uses” such as churches, schools, youth center, etc. The bill did not pass the committee in part thanks to the lobbying efforts of Don Duncan from Americans for Safe Access.

Following the newsletter discussion and AB 2650, Lance Rogers, Attorney at Law, and council for Jovan Jackson, a medical marijuana patient recently acquitted of all charges by a jury of 12 peers, spoke about recent Code Compliance visits to collectives and patients’ homes. He mentioned there has been reports of both collective facilities as well as personal homes of patients, being targeted for Code Compliance visits and inspections. Mr. Rogers suggested that without a subpoena, court order, or search warrant, these inspectors did not have to be allowed in and urged that any such visits be handled very carefully and preferably in the presence of an attorney. Mr. Rogers can be reached at 619-232-2311

The next speaker was Stephen Whitburn, an active member of the San Diego (City) Medical Marijuana Task Force and former candidate for San Diego City Council. Mr. Whitburn provided an update on the work the task force has done in the last few months as well as the recommendations they provided to the San Diego City Council. All the Task Force meeting notes, agedas, and recommendations are available on the Task Force’s website: http://www.sandiego.gov/medicalmarijuana/meetings/

Mr. Whitburn also shared with us the recent start of his campaign for San Diego County Board of Supervisors, District 4. He explained his views on the issues that need to be addressed in San Diego County and that the County should be governed with transparency, debate, and the involvement of the community, all of which are currently lacking or missing with the Board of Supervisors.

Mr. Whitburn’s positions and campaign details can be found at his website: http://www.stephenwhitburn.com/

Following Mr. Whitburn, we heard from Dan Murphy, a patient, advocate, and Americans for Safe Access member who came up and shared his views on the movement and urged people to stand up, get involved, and be counted.

The proposed San Diego County Ordinance and the community’s response was the next topic of discussion. We went over in detail the points which are illegal and unnecessary in the ordinance that were taken from the ASA, ACLU, and DPA reactions to the proposed ordinance:

• Police Department / Sheriff should not regulate collectives.
• Unreasonable buffer zones are not necessary.
• Patient Privacy Must Be protected.
• Ban on cannabis infused foods (edibles)
• Narrows and changes definition of qualified patient

Finally, we heard from Attorney at Law Bahar Ansari, who discussed the Jury instruction used in my case (People v. Davidovich) as well as a few highlights from the trial. Ms. Ansari can be contacted at: 619-787-0604

Here are some events coming up in the next couple week:

• 4/16 – North County ASA Meeting
         - 950 E. Vista Way Ste. A2 - Vista, Ca 92084
• 4/19 - DAY OF ACTION
          - 9:30am Joseph Nunes Sentencing – Federal Courthouse 940 Front St.
          - 12-2pm – Protest against DEA Raids – Federal Courthouse 940 Front St.
• 4/20 - ExtravaGanja MMJ Comedy Show
          - La Jolla Comedy Store – 916 Pearl St 92037
          - $10 tickets, 21+, 2 drink min.
• 4/26 – James Stacy Federal Medical Marijuana Trial
          - 9:00am 940 Front St.

Thank you to everyone for coming to the meeting and for being patient. Next Month San Diego ASA meeting will be held on May 11, location to be announced soon!

San Diego Americans for Safe Accesswww.SafeAccessSD.org

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Get Active, Get Involved, Make a difference!

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

By: Eugene Davidovich

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

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

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

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

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

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

MY STORY

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

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

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

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

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

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


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

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

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


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


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

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

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

Eugene Davidovich - 995 Hearing Today - Court Support Needed

I am currently facing a Jury Trial which is scheduled to start Next Week on the 2nd of March. The trial is related to the February 2009 (Operation Endless Summer / Green Rx) raids, orchestrated by District Attorney Bonnie Dumanis and her Cross Jurisdictional Narcotics Task Force (NTF).

Today I go to court for a 995 hearing, which is an attempt to get one of the charges against me dropped.

If you are able, please come out for court support as well as to see for yourself how medical cannabis patients are treated in court in San Diego.
220 W Broadway San Diego CA – Department 55 – 1:30pm

Originally I was charged with 4 felony counts, one of which about a month ago we were able to get dismissed by a judge bringing down the total charges to 3.

When my house was raided and I arrested in February of 2009, the NTF seized, 1.1 ounce of dried flowers and 14g (1/2 oz) of condensed kief (concentrated cannabis). Originally I was not charged with the possession of concentrated cannabis as clearly that amount is well within state/ city limits, as well as a very reasonable amount for any medical cannabis patient to have. One week before my trial was supposed to start in January and Theresa Pham (Deputy DA prosecuting my case) came back with another count. “Possession of Concentrated Cannabis”

As a result my trial has been moved to March 2 and today my attorneys will argue to get the Concentrated Cannabis Charge dismissed.

For more information about my story and to see the video of the delivery of medicine to the undercover narcotics task force officer posing as a legitimate patient please visit www.eugenedavidovich.com

Regards,

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

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

JACKSON RETURN OF PROPERTY MOTION DENIED

By: Eugene Davidovich, February 19, 2010

This morning Lance Rogers, Attorney for Jovan Jacksons argued a return of property motion in front of Superior Court Judge Bashant. The courtroom had over a dozen of Jovan’s Supporters a large majority of whom were active members of San Diego Americans for Safe Access.

After hearing the arguments from both sides, Judge Bashant denied the motion. Throughout the arguments it was clear by the expression on the Judge’s face that she was simply going through the motions, and had already made up her mind prior to walking into court.

She explained that the motion was being denied without prejudice for two main reasons; first the prosecution could potentially still use the evidence in the new case which goes to prelim later this month, secondly, because the medical cannabis as well as most other items are held by the DEA. she had no authority to order the Feds to do anything.

When asked why the evidence was in the DEA’s possession on a state case, Prosecutor Chris Lindbergh explained that most evidence is given to the DEA because the Narcotics Task Force that conducted the raid is a cross jurisdictional entity and also has federal power. He also explained that it is more convenient for them to store it there.

Mr. Jackson will return to court on February 26, 2010 for the preliminary hearing in his second trial. The Prelim is scheduled for 8:30 am in Department 11 in the San Diego Superior Court House.

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

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

Answerdam Files for Return of Property

“No legal basis for law enforcement to hold the property”
By: Eugene Davidovich, February 18, 2010

“During the investigation of Answerdam, law enforcement confiscated computers, business records, and several pounds of medical marijuana. […] Mr. Jackson was acquitted by a jury and the time period has expired for the District Attorney to appeal, there is no legal basis for law enforcement to hold the property.”

Mr. Lance Rogers attorney for Jovan Jackson will argue the return of property motion in court on February 19, 2010 in Department 33 at 8:30am.

Jovan Jackson of Answerdam Collective is a medical cannabis patient, navy veteran, and victim of two Operation Green Rx raids, part of District Attorney (DA) Bonnie Dumanis' effort to overturn Proposition 215 and eradicate safe access to medical cannabis in San Diego.

In December of 2009, Mr. Jackson was dragged through the judicial system on charges related to the first, August 2008 raid, which resulted in a jury trial and Mr. Jackson being vindicated on all five medical marijuana related charges. Chris Lindbergh the prosecutor in the case was scolded by the jury for bringing such a case to trial.

Charges related to the 9/9/9 raid however, have not yet been litigated.

On February 9, 2010 Mr. Jackson’s attorney Lance Rogers argued a Collateral Estoppel motion before the superior court in San Diego. He was able to clearly show that Jovan is a victim of Double Jeopardy and that the circumstances and all details of the investigation were the same in both raids. The judge explained that because the second raid was on a different date, there was no case law supporting this as double jeopardy, and therefore denied the motion.

On February 26th 2010 at the preliminary hearing for the second trial, Mr. Rogers will argue a motion to dismiss the case based on prosecutorial discrimination; otherwise known as a Murgia Motion.

The motion will show how Mr. Jackson was deliberately singled out for prosecution on the basis of his race. The Cross Jurisdictional Narcotics Task Force (NTF) has been investigating Mr. Jackson for two years, during which at least ten non-black suspects actively involved in the possession, sales, distribution, and transportation of marijuana were also investigated, yet no charges were brought forward nor any other suspects prosecuted.

Please come out on Friday February 19, 2010 and on February 26th to support Mr. Jackson as he attempts to navigate the serpentine roadmap that makes up our medical marijuana laws and fights against the bias driven, district attorney run, San Diego judicial system.

OFFICIAL PRESS RELEASE FROM TURNER LAW GROUP:

Senator Mark Leno Issues Statement on New Medical Cannabis Report

Wednesday, February 17, 2010

SACRAMENTO – Researchers from the University of California’s Center for Medicinal Cannabis Research (CMCR) today issued a report showing that there is “reasonable evidence that cannabis is a promising treatment” for some specific, pain-related medical conditions.

CMCR’s findings, which were presented today to the California Legislature and public, are included in a report that is available on the CMCR website: www.cmcr.ucsd.edu.

Senator Mark Leno (D-San Francisco) issued the following statement in response to today’s report:

“For too long the full evaluation of the therapeutic value of medical marijuana has been hindered by the lack of high quality scientific studies,” said Senator Leno. “Thanks to the vision and foresight of Senator John Vasconcellos in 1999, the California State Legislature sought to break through those roadblocks to study the potential benefits of medical cannabis. Today we have solid, scientific research that will benefit patients in California and across the globe.”

http://tinyurl.com/ydcam29

Read the full report here: 


PDF of REPORT