Showing posts with label Operation Green Rx. Show all posts
Showing posts with label Operation Green Rx. Show all posts

Monday, November 8, 2010

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

Get Involved, get active, make a difference!

Saturday, May 1, 2010

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.

Thursday, April 15, 2010

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

    Friday, March 19, 2010

    March 26th National day of protest

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

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

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

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

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

    Thursday, March 18, 2010

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

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


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

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

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

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

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

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

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

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

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

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

    Wednesday, March 17, 2010

    San Diego Medical Marijuana 'Raid Rumors' Update

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

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

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

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

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

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

    Here are a few suggestions for staying safe:

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

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

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


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

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

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

    Wednesday, March 10, 2010

    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!

    Monday, March 8, 2010

    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.

    Wednesday, March 3, 2010

    People v Davidovich - Day 1 of Trial Update



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

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

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

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


    Friday, February 26, 2010

    Jovan Jackson Second Trial To Move Forward

    By: Eugene Davidovich

    This morning Jovan Jackson again went to San Diego Superior court for a preliminary hearing on the second medical marijuana trial related to the Operation Green Rx Raids orchestrated by Bonnie Dumanis in cooperation with DEA through the Integrated Narcotics Task Force.

    San Diego ASA membership turned out in numbers to support Mr. Jackson today filing more than half of the courtroom with supporters.

    In December of 2009, Mr. Jackson was dragged through the judicial system on charges related to the first, August 2008 raid on Answerdam, 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 are considered a separate case as this time the "buy" was on a different date then the "buy" in the original case where Mr. Jackson was found not guilty by the jurors.

    Today in court in front of Judge Albert Harutunian, the prosecutor Chris Lindbergh argued to have the medical defense excluded for Mr. Jackson even thought Jackson’s physician’s statement was admitted into evidence.

    Lindbergh also argued that patients who buy marijuana can technically be charged as "conspirators" to an illegal operation and that since Mr. Jackson did not subpoena 1600 people to testify for him today, that he could not prove that this was a collective.

    Following the statement in the last paragraph, a chill ran through the courtroom as everyone collectively realized that what Linbergh was saying is that now the DA is considering charging members of collectives (non founding members) as co conspirators to illegal operations.

    What happened to Dumanis’ promise not to go after patients?

    In the hearing Linbergh also talked about what most in our community have come to understand as the "Group Farm" fallacy. Lindbergh explained that if all 1600 Answerdam patients first actually came together and hung out for a bit with each other (this would satisfy them having to associate), then together decided to grow medical marijuana, all chipped in some with money others with actual labor (this would satisfy the cultivate), then maybe that would be a defense.

    Lindbergh confirmed several times that it was definitely the intent of Prop 215 that terminally ill, physically disabled, and immobilized patients participate in the cultivation effort.

    We also heard testimony from Detective Mark Carlson who proclaimed on the stand at first to be an expert on medical marijuana laws, then went on to explain that he is a Federal Agent and technically all cultivation is illegal. Carlson was designated as the state medical law expert chief investigator by Lindbergh in this case.

    Today's witness testimony also included the infamous Pierre Tiberius Uggla (aka Mike Mendez) who went to Answerdam and upon completing his membership agreement for the collective, wrote his real name (Mike Mendez) on the form rather than his undercover alias and as a result almost fumbled the DA’s entire investigation into Answerdam exposing to the members the fact that they were continuing this illegal persecution of patients through investigations.

    In July of last year shortly after Mendez’s visit to Answerdam and as part of the continued efforts of the Stop Operation Green Rx campaign and San Diego Americans for Safe Access, members of San Diego ASA went to the San Diego City Council and delivered a copy of the form Mike Mendes completed with his real name to the San Diego City Councilmember asking them to intervene in this situation and bring these prosecutions to an end. The video of that speech can be seen here: http://www.youtube.com/watch?v=-OQ3YR133hQ

    Unfortunately our pleas have gone unheard since then. Operation Green Rx is still in full force and today Mendez went on to explain that as part of his duties, he regularly goes to local doctors and lies. He explained that he went to see a doctor in Mission Valley last year, lied about a serious back injury that cause chronic pain which he told the doctor he suffered from. After presenting the doctor with a slew of symptoms related to the injury and receiving a physical examination from the doctor; he was issued a recommendation letter for medical marijuana and has since joined multiple collectives and bought medical cannabis from them on numerous occasions.

    We also heard from testimony from cancer survivor, medical cannabis patient, and member of the Answerdam Collective, Paul Ford. Who testified that not only did the cannabis he obtained in Answerdam help alleviate his symptoms, no medicine out there has helped him more than cannabis obtained from Answerdam. Mr. Ford also explained that he was very well aware that he was a member not customer of Anwerdam and it was clear to everyone in the court that all his contributions in exchange for the medicine went directly towards the continued support of the cultivation effort /collective of Answerdam.

    Unfortunately the judge ruled that there was enough evidence for Mr. Jackson to stand trial again, and that since this was the preliminary hearing, the prosecution did not have to prove beyond a reasonable doubt, just raise potential for guilt. The case was bound over for trial, and Mr. Jackson’s arraignment on the charges in his second medical marijuana trial is scheduled for mid March.

    Operation Green Rx continues and today in court it was clear that the efforts of DA Bonnie Dumanis to continue the persecutions and medical marijuana eradication efforts in San Diego are not only continuing, they are escalating, and will continue to intensify as she is gearing up for her next election.

    Mr. Lance Rogers, attorney for Jovan Jackson did an excellent job representing his client and fought as hard as he could to get the case dismissed. Although the case was bound over, Mr. Jackson will still get to present and argue the Murgia Motion (prosecutorial discrimination). Hopefully the next judge will see the absurdity of this trial and dismiss it.

    Thank You Jovan for continuing to stand up for our rights, and not allow these persecutions to be swept under the rug through plea deals.

    The perpetrators of these this continued efforts to subvert state law and persecute patients both in the DA’s office and in the integrated narcotics will not be left unnoticed. The voters and juries will hold you accountable for your actions.

    Wednesday, February 24, 2010

    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

    Friday, February 19, 2010

    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

    Thursday, February 18, 2010

    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:



    Sunday, February 14, 2010

    The S.E.P.T.I.C. System – Bonnie DA Mantis

    By: Eugene Davidovich, NUG Magazine

    The fierce fight against medical marijuana in San Diego commonly referred to as Operation Green Rx that District Attorney (DA) Bonnie Dumanis has been waging for years, has resulted in thousands of San Diego Citizens outraged at the fraud, waste, and abuse of power within her office.

    One such outraged citizen is Marcus Boyd of Imperial Beach whose involvement in San Diego Medical Marijuana policy began with his efforts to open a collective in Imperial Beach. Mr Boyd, himself a medical marijuana patient approached the Imperial Beach City Council with his request to open a collective last year. The request was answered with an unequivocal denial and an immediate push back which included the council quickly voting in a moratorium and promising to work on the issue.

    Almost a year later, Imperial Beach still has no medical marijuana regulations, and all of Mr. Boyd’s further attempts to start a dialogue with the council have landed on deaf ears.

    After the 9/9/9 raids on Medical Marijuana Collectives in San Diego, Mr. Boyd launched “The S.E.P.T.I.C. System / Bonnie DA Mantis” website (http://bonniedamantis.wordpress.com/) which has attracted attention from both the media and the community at large.

    In a recent article published by the San Diego City Beat, Dave Mass wrote “Patient and aspiring collective operator Marcus Boyd specifically targets Dumanis, accusing her of using televised shock and awe enforcement tactics to effectively harass and terrorize the seriously ill and dying patients”.

    The S.E.P.T.I.C. System stands for San Diego Electronic Prohibition Tracking & Information Collection System which as Mr. Boyd put it is “a central place where we can both track the prohibition / denial of safe access as well as information regarding court cases related to the prohibition of safe access in San Diego”.

    In a telephone interview, with NUG Magazine, Mr. Boyd explained the reason he started the blog was “because there is a real need to have a central location to look up the fierce fight that we are experiencing in San Diego”.

    He went on to explain that the website’s purpose is twofold; first, to track the prohibition specifically related to all the San Diego County municipalities and San Diego City itself with regards to progress and legislative development of medical marijuana law. Second, the site focuses on information collection of the court cases and the information pertaining to the denial of safe access for patients in San Diego.

    “If it weren’t for Bonnie Dumanis we would not have denial of safe access, which goes to the second name of the site; ‘DA Mantis’ – Without the DA Mantis we wouldn’t be in this mess”, Mr. Boyd Explained.

    More recently, Mr. Boyd’s efforts with the site have been focused on the 2010 election of San Diego County District Attorney. He launched the first public effort in San Diego to find a replacement for Bonnie Dumanis and has already collected over $18,000 in pledges of campaign contributions for the next San Diego County DA. Mr. Boyd has interviewed at least a half a dozen candidates and has approached dozens of attorneys encouraging them to run.

    “She is but a county District Attorney, and the fact that this DA is doing what no other county DA is doing, stands to reason that without her we wouldn’t have this problem”.

    Saturday, February 13, 2010

    215 Party TONIGHT at 6pm!

    Join us for the 215 party tonight from 6pm to midnight!

    See you all this Saturday in Vista at the 215 Party!
    See the event Flier: http://www.safeaccesssd.org/p/215-party.html

    WHERE: 1050 S. Santa Fe Rd. Vista, CA
    WHEN: Saturday February 13, 2010 6pm – 12am

    There will be several great Reggae bands performing, amazing prizes, good food, and great times! This is a combined birthday party for James Stacy and Kim Twolan two beloved members of our community.

    Come hear the Southbay Wailers, Will Faber, and others play and help raise money for the movement!

    Tickets are $20 at the door. All proceeds go to support James Stacy (www.movementinaction.org) and the Cannabis Resource Center / Hemp Museum in Vista.
    San Diego Americans for Safe Access, NUG Magazine, and Mother Earth Coop are proud sponsors of James Stacy and his fight for our rights!

    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

    Friday, February 12, 2010

    Rudy Reyes; Activist, Patient, Politician

    By: Eugene Davidovich

    On October 26, 2003, the Cedar wildfire was raging through the San Diego County, claiming over a dozen lives and taking with it thousands of homes. Many believe the fire caused the worse damage in the history of San Diego County. According to Wikipedia, “The Cedar Fire burned 280,278 acres (1,134.2 km2) 2,820 buildings (including 2,232 homes) and killed 15 people including one firefighter before being contained on November 3, making it the largest fire in recorded California history up to that time”.

    Rudy Reyes, an Archaeology major and instructor at several local colleges, on the night of the 26th was living near the Barona Indian Reservation of San Diego County. Watching and listening to the news coverage of the fires, he had no idea that the part of San Diego County where his family lived, was directly in the path of the cedar fire, and that on this night, the fire would change the direction of his life forever.

    By the time Rudy realized his family’s home was facing imminent destruction from the oncoming tower of flames, he also realized the firefighters themselves had already evacuated. Rudy knew he had to act fast. Believing that his family members were still in their home and in danger, Rudy jumped in his car, rushed to the house and managed to evacuate everyone to safety.

    Once his family was safe, Rudy tried to get out of the way of the fire. Unfortunately by that time the fire had grown exponentially stronger and Rudy found himself trapped. His car that just a few minutes ago ran with no problems would no longer start. Rudy explained during the interview, “When I turned the keys, nothing happened. It was like the car was disabled”.

    Rudy went on to explain that the nearby flames had sucked up all the usable oxygen in the area, and since all internal combustion engines require oxygen to operate, the car wouldn’t start.
    Now realizing that if he remained in his car he would surely not make it, Rudy got out, ran into the house and jumped in the shower in hopes the water would protect him from the imminent threat of the flames.

    While standing in the shower Rudy recalled, “I looked up at the ceiling and saw that it had become fluid and covered in waves of blue flames. I knew it was time to get out, and get out fast”. After making his way out of the house and back into the driveway, he found his car had already caught fire and that there was only one way out of the situation; run through the fire line.

    Without having much time to ponder the issue, Rudy covered his face with his hands and made his way through the tunnel of flames that appeared to have on the other side of it a safe exit. Only a few seconds into his escape, he felt his muscles tighten and “it became extremely difficult to move my feet, what was an easy walk on a paved street on a normal day, began to feel like I was walking through quicksand, I felt the elasticity in my muscles start to disappear”.

    Knowing that if he stops, he surely would not make it till morning, Rudy pressed on. Minutes later he miraculously emerged on the other side of the fire, still conscious, in severe shock, yet still able to walk.

    He made his way down to the road and tried to wave down the first truck he saw driving by. Shockingly Rudy described, “The truck flashed his lights, honked the horn, and passed me without stopping”. Rudy kept on.

    As he described, what felt like an eternity later, Rudy saw another car. This time the driver pulled over and at the sight of Rudy shouted “get in the back now, we have to get you to a paramedic right away”. The Good Samaritan drove Rudy to the nearest ambulance and the paramedics eased Rudy into what turned into a two and a half month drug induced coma.

    Rudy woke up to over 70% of his body covered in third degree burns and the realization that he now faced a lifetime of excruciating chronic pain, countless surgeries, and a body at the brink of overdose from the narcotics / pain relief medication administered to him at the hospital.

    He quickly learned that the narcotics prescribed by his doctors were no longer working, and the pain became intolerable. In hopes of saving himself from a life of addiction to narcotics, Rudy listened to the recommendation of one of his doctors at the hospital, and tried medical cannabis. To his amazement, while an inpatient at the hospital, he was allowed to go outside and medicate using cannabis cigarettes in the hospital’s gazebo, as well as began applying cannabis infused creams to his burns which his family brought him.

    Once out of the hospital and in need of safe access to the only medicine that helped him live a normal life, Rudy found himself on the front lines in San Diego County’s war like effort to eradicate access to medical cannabis. Rudy made the cause his own, and for years now has lobbied in front of the Board of Supervisors, City Council, and countless politicians for medical cannabis patient’s rights.

    In 2008 Rudy’s efforts brought him to the race for San Diego County Board of Supervisors. He ran with the San Diego Democratic Party’s endorsement against incumbent Republican Diane Jacob for her seat. Although he wasn’t successful in winning the seat his first time around, he did manage to get an unheard of 20,000+ votes.

    Today, dozens of surgeries later and with the full support of the community of patients in San Diego behind him, Rudy Reyes is gearing up for another fight. He has officially announced his candidacy for Santee City Council in 2010. Rudy told Nug Magazine, “The City of Santee needs a change”.

    In 2010 Rudy intends to bring this change, and in 2012 he intends to make another bid for the San Diego County Board of Supervisors.

    By 2012, Rudy will have two political races behind him and years of experience in the public eye. This combined with his resilience, ambition, and dedication to the community will make him a political force to be reckoned with.

    The County Board of Supervisors and Santee City Council are just the beginning of Rudy’s political aspirations, his ultimate goal as he told Nug Magazine, is to go to Congress, where he can help address national issues related to interstate travel for medical marijuana patients as well as federal medical marijuana policy.

    (this article was printed in February’s issue of NUG Magazine! Get your copy today!

    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

    Monday, February 8, 2010

    COURT UPDATE: Jovan Jackson Preliminary Hearing

    This morning Jovan Jackson went to court for the preliminary hearing in his second medical marijuana case, part of Bonnie Dumanis’ medical marijuana eradication efforts. The prosecution however was not ready to proceed again, and the preliminary hearing was postponed to February 22, 2010 – 8:30am Dpt 11.

    This Thursday, the 11th of February Jackson’s attorney will argue Colleteral Estoppel; also known as ‘Double Jeopardy’. That day, the court will be asked to consider that a “later prosecution will necessarily entail a grossly absurd and unjust result”, as Mr. Jackson has already been vindicated of all charges related to operating a legal medical marijuana collective.

    Please come out this Thursday to support Jovan and his fight against the illegal prosecutions of legitimate patients!

    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

    Sunday, February 7, 2010

    People v. Kelly: What Does it Mean for Patients?

    People v. Kelly: What Does it Mean for Patients?

    Part 1 of 2: Law Enforcement Encounters

    The California Supreme Court issued a unanimous published decision in People v. Kelly, striking down what it considered unconstitutional legislative limits on how much medical marijuana patients can possess and cultivate. The decision also affirms protection from arrest and prosecution for patients who both possess a state-issued identification card and comply with state or local personal use guidelines.

    Although the court affirmed that qualified patients and their primary caregivers retain "all the rights afforded by the CUA [Compassionate Use Act of 1996]," law enforcement can still arrest and prosecute if probable cause exists. In keeping with the CUA, qualified patients and their primary caregivers will still have an affirmative defense in court.

    What does Kelly mean for patients? There are a few things that remain unclear; what is clear is that holding a state-issued ID card and following the guidelines for possession and/or cultivation will prevent arrest.

    * If you are dealing with law enforcement, having a state ID card and having less medicine than the county or state guidelines should prevent you from being arrested or prosecuted.
    * The ID card is still an optional program, but having an ID can help in a law enforcement encounter.
    * NOT having an ID card might result in an arrest
    * Patients will have an additional defense to bring to court, if they are facing charges for possession over state or local limits. It will be the patient's burden to prove that the amount they are charged with is medically necessary.
    * Medicann ID cards or ID cards issued by a dispensary are NOT the same as the state ID card. To find information about your county’s ID program, check out http://www.cdph.ca.gov/services/Pages/MMPCounties.aspx
    * San Diego County Medical Marijuana ID Card Program: http://www.sdcounty.ca.gov/hhsa/programs/phs/mmic/


    The bottom-line: play it safe by applying for the state ID card through your county's Department of Public Health. Otherwise, you might have to defend yourself in court, which can be stressful, expensive, and time-consuming.

    Visit http://www.safeaccessnow.org/article.php?id=4834 for more information and the latest Legal Tips from ASA!

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

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    Friday, February 5, 2010

    Report on San Diego Medical Marijuana Task Force – 2/5/2010

    By Larry Sweet
    The MMTF today considered the ramifications of the Kelly decision. It became clear that the local limits to possession and plants needed to be reviewed. A sub-committee was formed and four MMTF members will go over the current ordinances and bring back recommendations to the group in two weeks.

    The issue of auditing and sufficient declaration of non-profit status was discussed at length. No firm conclusions were formed and the item was continued till the next meeting. I constructed a statement of intent to operate as non-profit that described the distribution system in a collective. The other members are reviewing it so we can address it next meeting. The statement is as follows:

    “It is expected that all Collective Members are potentially Growers and can grow for themselves as they are able or as they choose. Collective Members are expected to bring the excess medical marijuana from their own personal grows to the Collective where they may be compensated by cash or trade in kind. Certain Collective Members choose that their sole support to the cooperative effort will be to contribute their time and expertise in growing medical marijuana for the Collective. Growers are compensated for their time and expenses in growing for the collective when the harvest is brought to the Dispensary. Other members may participate in the cooperative cultivation of the medical marijuana, however the Growers are responsible and compensated by the Collective accordingly. The Dispensary then packages and determines a fair cash transaction amount to be paid by other Members of the Collective as their contribution to the cultivation of the medicine. Members may offer labor at any point in the cultivation cycle as their skills and choices allow and as opportunity permits.

    Additional cash as may accrue over time to the Collective may be used to obtain and maintain properties and equipment as the Collective’s needs dictate. That cash may also be donated to charities selected by the Collective Board.”

    I am very optimistic about the direction the MMTF is taking. It appears that the entire group is on task and ready to get some regulations going. We will be continuing the non-profit declaration issue as well as revisiting some concerns we have with security.
    ---------------------------------------------------------------------------
    San Diego Americans for Safe Access
    www.SafeAccessSD.org
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    Sunday, January 31, 2010

    Uptown Community Planning Committee Meeting

    February 2, 2010 – 6:00-9:00 p.m.
    Joyce Beers Community Center
    3900 Vermont Street San Diego, CA 92103

    On Tuesday February 2, 2010 the Uptown Community Planning Committee (CPC) will discuss the request by the city council of the planning group to review and comment on the medical marijuana task force recommendations. The Uptown CPC will vote on recommending that the City Council adopt an ordinance which will allow medical marijuana collectives to apply through a process 3 Conditional Use Permit. Please come out and support the Uptown CPC as they will discuss regulating safe access to medical marijuana in San Diego.

    Uptown CPC Medical Marijuana Agenda Item:
    MEDICAL MARIJUANA TASK FORCE RECOMMENDATIONS – Request by the City Council of the City of San Diego for its Community Planning Groups to make review and comment on the issue: Motion by Wilson; second by Lamb:

    1. To implement the intent of the voters in enacting Proposition 215, the City of San Diego should establish a conditional use permit (CUP), process by which medical marijuana dispensaries may operate. Applications for such a CUP will be reviewed under a Process Three procedure – the initial decision would be make by a hearing officer; whose decision is appealable to the Planning Commission;

    2. In drafting the enabling ordinance for the CUP process, it is recommended the City of San Diego review and consider incorporating applicable provisions from the draft ordinance prepared by Jeffrey A. Lake, Esq., and put forward by Southern California NORML: subject to revision to incorporate the City Council’s Medical Marijuana Task Force recommendations;

    3. The CUP permitting process should require all medical marijuana dispensary applications to contain the governing document for each collaborative or cooperative; which should:

    (1.) Identify the individual organizers and principal operators of the collaborative or cooperative;

    (2.) Specifically identify how the collaborative or cooperative will be governed and operated, and what will be its administrative structure;

    4. The CUP permitting process should also require a verifiable accounting and bookkeeping procedure be instituted at each medical marijuana dispensary, in accordance with standard accounting procedures. All dispensaries should be subject to annual audit; obtain business licenses; and pay taxes and all applicable fees.


    www.safeaccessnow.org

    1/20 San Diego City Planning Commission Meeting

    To see all the San Diego ASA News Briefs visit: YouTube.com/SafeAccessSD