NORML Dail Audio Stash - July 10 Interview with Russ Belville

Cannabis Conversations

Eugene Davidovich, facing four felony counts in a San Diego courtroom on Monday, after a San Diego county cop lied to a doctor, presented a fake ID, and purchased from Davidovich’s legally-operated collective. Visit EugeneDavidovich.com to support and be at San Diego Superior Court Dept 11, 220 W. Broadway in San Diego on Monday at 8am if you can.

For more information about my case and to see the footage of the delivery please visit my website: http://www.eugenedavidovich.com

Life, Liberty, Justice, and Cannabis

Think activism doesn't pay off? Think again! Click here to see Council Members Marti Emerald & Donna Frye thank the community members who volunteer their time for our rights, & set a meeting with medical marijuana activists scheduled for tomorrow, Wednesday, July 8th @ 1:30 p.m. at City Hall on 3rd & C St in downtown San Diego, 92101. This meeting is with the Public Safety & Neighborhood Committee. Each speaker will get two minutes; If you don't want to speak, you may allot your time to someone else- there are plenty of people with plenty to say- so please come down & invite everyone that may be interested.

Thursday night, don't miss it- Hope is Unlimited. The Hope group is a great place to voice your concerns, share your struggles, meet & make new friends, & give or receive support. Be sure to check out Hope Report #2 & Hope Report #3. Visit Hope TV.

OPERATION ENDLESS SUMMER / GREEN Rx Victim Eugene Davidovich at court Monday July 13th, 2009 - 8:15 am San Diego Superior Court 220 W. Broadway San Diego, CA 92101 http://www.EugeneDavidovich.com/

Though it may seem as all is well in San Diego with so many coops & collectives forming, ID cards being issued by the County, & Obama backing the Feds off, but San Diego court rooms are a whole other story. Imagine being a medical marijuana defendant, & the judge allows only law enforcement to testify, while your witnesses get denied, your Physician's recommendation: "heresy," & the undercover officer, who went out & received a valid doctor's recommendation with your tax money is heralded a hero, & yourself a dealer of illegal drugs & a threat to society.

Illegal drugs & a threat to society... over Marijuana? CA Prop 215 passed with 56% voter approval in 1996. Every day new research is yielding more & more beneficial facts about the uses of cannabis & hemp. Recent reports are showing that 70-90% of adults want cannabis taxed & regulated.

So why is San Diego's District Attorney's office, prosecuting medical marijuana people so aggressively? $$, fear, ignorance?? Week after week marijuana is disregarded as the miracle plant that it is. Non-violent offenders, who go through the court process, get drained themselves (financially, emotionally, physically, psychologically, etc), but provide a lot of paychecks. Judges, lawyers, bailiffs, secretaries.. You could look at the waste of money in the court systems forever.. Why are we wasting money on medical marijuana? But isn't marijuana legal? Isn't it?

How do we change this? "Most people think, Great God will come from the skies,

Take away everything And make everybody feel high. But if you know what life is worth, You will look for yours on earth: And now you see the light, You stand up for your rights. jah!" -Bob Marley

Stand up together. Let the prosecutors, judges, media, & public know that we are aware of what's happening: targeting medical marijuana operators & sending 'em through hell preventing safe access here in San Diego.

Monday July 13th, 2009 - 8:15 am San Diego Superior Court 220 W. Broadway San Diego, CA 92101

Learn more at http://www.EugeneDavidovich.com/

http://www.sandiegomarijuana.com

Landmark Ruling Issued on Collective Cultivation of Medical Marijuana

Appellate court protects collective cultivation and affirms civil actions by patients

Sacramento, CA -- The California Third District Court of Appeal issued a landmark ruling today on the right under state law of patients to collectively cultivate. The 2-1 appellate court decision stems from the case County of Butte v. Superior Court involving a private medical marijuana collective of 7 patients in Paradise, California. The nationwide advocacy group Americans for Safe Access (ASA) filed a lawsuit in May 2006 on behalf of 56-year-old David Williams and six other collective members after a 2005 warrantless search of his home. Williams was forced by the Butte County Sheriff to uproot more than two-dozen plants or face arrest and prosecution. Contrary to state law, which allows for collective cultivation, Williams was told by the Sheriff that it was not lawful to grow collectively for multiple patients.

"This ruling by the California Courts sends yet another strong message to state law enforcement that they must abide by the medical marijuana laws of the state and not the competing federal laws," said Joe Elford, ASA Chief Counsel and the attorney that litigated the case on behalf of Williams. Today's appellate court ruling affirmed this position by concluding that, "the deputy was acting under color of California law, not federal law. Accordingly, the propriety of his conduct is measured by California law."

The appellate court also stated that to deny patients protection from warrantless intrusions and seizures by law enforcement "would surely shock the sensibilities of the voters who approved [Proposition 215]." Especially worthy of note is the appellate court's assertion that the Compassionate Use Act of 1996 is not simply an affirmative defense to criminal sanctions, but "...we see an opportunity for an individual to request the same constitutional guarantee of due process available to all individuals, no matter what their status, under the state Constitution. The fact that this case involves medical marijuana and a qualified medical marijuana patient does not change these fundamental constitutional rights or an individual's right to assert them."

Today's appellate court decision upholds Butte County Superior Court Judge Barbara Roberts' ruling from September 2007, in which she states that seriously ill patients cultivating collectively "should not be required to risk criminal penalties and the stress and expense of a criminal trial in order to assert their rights." Judge Roberts' ruling also rejected Butte County's policy of requiring all members to physically participate in the cultivation, thereby allowing collective members to "contribute financially."

Even in his dissenting opinion, Court of Appeal Judge James Morrison stated that, "the United States Congress should reconsider its refusal to amend the federal drug laws to make reasonable accommodation for the 13 states that have enacted some form of compassionate use exception to their penal codes."

ASA was compelled to file the Williams lawsuit after receiving repeated reports of unlawful behavior by Butte County law enforcement, as well as by other police agencies throughout the state. After uncovering Butte County's de facto ban on medical marijuana patient collectives, ASA decided to pursue the case to show that collectives and cooperatives are protected under state law. "In addition to protecting patients' right to collectively cultivate, the Court has reaffirmed that medical marijuana patients enjoy the same constitutional rights as everyone else, including the ability to file civil rights actions when those rights are violated," continued Elford.

Further information:
Today's ruling by the California Third District Court of Appeal:http://AmericansForSafeAccess.org/downloads/Butte_Appellate_Decision.pdf
Information on Butte Case: http://AmericansForSafeAccess.org/Butte

Congress to consider allowing marijuana possession

by Ben Morris
http://blog.mpp.org/prohibition/congress-to-consider-allowing-marijuana-possession/06182009/'

Congressman Barney Frank (D-Mass.) introduced legislation today to remove criminal penalties for marijuana possession at the federal level. The Personal Use of Marijuana by Responsible Adults Act of 2009 would remove penalties for possession of up to 3.5 ounces of marijuana and the not-for-profit transfer of 1 ounce.

Please take action today to support this important legislation.

Congressman Frank’s legislation seeks to bring federal law in line with reality. 99% of all marijuana arrests occur at the state and local level. In practice, federal laws prohibiting marijuana possession act as a deterrent to states that may want a more sensible policy. Congressman Frank’s bill would remove that deterrent and push U.S. marijuana policy in the right direction.

The bill’s introduction comes amidst unprecedented momentum for reform, but it will still face significant opposition in Congress — so please visit mpp.org/federal-action and take action today!

Congress Introduces HR 2835, The Medical Marijuana Patient Protection Act

For Immediate Release: June 12th, 2009

Congress Introduces HR 2835, The Medical Marijuana Patient Protection Act

Bill would reschedule marijuana for medical use, end federal interference in state laws

Washington, D.C. -- In another effort to change federal policy on medical marijuana, Congressional Representative Barney Frank (D-MA) introduced the "Medical Marijuana Patient Protection Act," HR 2835, late yesterday. The bill, which was co-sponsored by 13 bipartisan Members of Congress at the time of introduction, would change federal policy on medical marijuana in a number of ways. Specifically, the Act would change marijuana from a Schedule I drug, classified as having no medical value, to a Schedule II drug, which would recognize marijuana's medical efficacy and create a regulatory framework for the FDA to begin a drug approval process for marijuana. The act would also prevent interference by the federal government in any local or state run medical marijuana program.

Although similar versions of the Act have been introduced in previous Congressional terms, the Obama Administration's willingness to change federal policy on medical marijuana creates a new political context and may facilitate passage of this important legislation. "We are encouraged by the federal government's willingness to address this issue and to bring about a more sensible and humane policy on medical marijuana," said Caren Woodson, Government Affairs Director with Americans for Safe Access (ASA), a nationwide advocacy group working with the Obama Administration, Representative Frank and other Members of Congress to change federal policy. "It's time to recognize marijuana's medical efficacy, and to develop a comprehensive plan that will provide access to medical marijuana and protection for the hundreds of thousands of sick Americans that benefit from its use."

In addition to rescheduling marijuana under the Controlled Substances Act (CSA), HR 2835 would provide protection from the CSA and the federal Food, Drug, and Cosmetic Act (FDCA) for qualified patients and caregivers in states that have legalized the use of medical marijuana. Specifically, the act prevents the CSA and FDCA from prohibiting or restricting: (1) a physician from prescribing or recommending marijuana for medical use, (2) an individual from obtaining, possessing, transporting within their state, manufacturing, or using marijuana in accordance with their state law, (3) an individual authorized under State law from obtaining, possessing, transporting within their state, or manufacturing marijuana on behalf of an authorized patient, or (4) an entity authorized under local or State law to distribute medical marijuana to authorized patients from obtaining, possessing, or distributing marijuana to such authorized patients.

The Obama Administration has made repeated statements that it intends to end federal enforcement against medical marijuana, but has yet to provide a detailed plan of implementation. A lack of clarity on this policy change has prompted Congress to take action. In addition to the introduction of Frank's bill yesterday, Representative Maurice Hinchey (D-NY) introduced language Tuesday within the Commerce, Justice and Science Departments (CJS) Appropriations bill seeking clarification on the Administration's policy. "It's imperative that the federal government respect states' rights and stay out of the way of patients with debilitating diseases such as cancer who are using medical marijuana in accordance with state law to alleviate their pain," said Hinchey in a press release issued Tuesday.

Further information:
At the time of release the Medical Marijuana Patient Protection Act, HR 2835, was not yet published by the Government Printing Office (GPO), but contains identical language of Rep. Frank's bill introduced last year (HR 5842):http://safeaccessnow.org/downloads/HR5842.pdf
HR 2835 can be reviewed at the following site once it's published: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2835: