Tuesday, June 22, 2010

SD County attempts to pass De Facto Ban on Medical Marijuana Facilities

SAN DIEGO - Wednesday, June 23, 2010, at 9am the San Diego County Board of Supervisors will meet to discuss and vote on a proposed ordinance regulating medical marijuana facilities in the unincorporated areas of San Diego County.

The proposed ordinance severely limits patients’ access to medical marijuana in the unincorporated areas of San Diego County. Certain provisions in the proposed regulatory ordinance would not only seriously violate patient confidentiality in these facilities, but also would effectively ban all dispensaries in the unincorporated areas of the county.

Monday, June 14, 2010

COURT SUPPORT TODAY FOR JAMES STACY

Join Steph Sherer, Executive Director and Don Duncan the California Director of Americans for Safe Access in Federal Court today to support James Stacy in his federal Medical Marijuana Trial.

What: Federal hearing on whether dispensary operator James Stacy can use medical marijuana and state law as a defense at trial
When: MONDAY, June 14, 2010 at 2:00pm
Where: Courtroom 15, U.S. District Court, 940 Front Street, San Diego, CA

James Stacy will be in court today for a final hearing to determine what type of defense he will be allowed to present in Federal Court. Stacy’s dispensary was raided on September 9, 2009, by a multi-agency narcotics task force, and will be the first such case to go to trial after the Justice Department issued its enforcement policy in October 2009, a month after the raid. Stacy's trial date will be scheduled Monday June 14th during a hearing at which Stacy will argue he's entitled to admit evidence of state law compliance, something routinely denied federal defendants.

Stacy's dispensary, Movement in Action, was raided along with more than a dozen other San Diego County dispensaries as part of local-federal enforcement actions called, "Operation Green Rx," which resulted in more than 30 arrests. Only Stacy, and one other medical marijuana dispensary operator Joseph Nunes, were charged federally as a result of the raids. Nunes has since pleaded guilty and was recently sentenced to a year in prison.

Because of the government's continued efforts to prosecute medical marijuana patients despite a new Justice department enforcement policy, advocates are urging Members of Congress to pass HR 3939, the Truth in Trials Act, which would allow defendants to use a medical or state law defense in federal court. The Truth in Trials Act currently has more than 30 Congressional cosponsors.

Further Information:
U.S. Attorney General Eric Holder's recent statements before Congress: http://www.youtube.com/watch?v=MMCHmU-nFAM
Truth in Trials Act: http://www.safeaccessnow.org/downloads/TruthinTrials.pdf

Join ASA – www.safeaccessnow.org
Visit San Diego Chapter of ASA – www.safeaccesssd.org

Monday, June 7, 2010

Grand Jury Medical Marijuana Report - 2010 - San Diego

After months of investigation and inquiry, the San Diego Grand Jury has finally issues their report on the Medical Marijuana Issue in San Diego. The Grand Jury has made a number of recommendations to the San Diego District Attorney, The Sheriff, and the County Board of Supervisors.

The Grand Jury’s recommendations:

The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego District Attorney:

• 10-107: In consultation with the San Diego County Sheriff’s Department and officials of the Police Departments of the Cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City, Oceanside and San Diego, publish a position paper which contains guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County.
• 10-108: In cooperation with the San Diego County Sheriff’s Department, establish a Medical Marijuana Advisory Council as a forum through which the operators of legitimate medical marijuana collectives and cooperatives, as well as patients and members of the public, could engage in dialogue with representatives of County law enforcement agencies on a regular basis.

The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego Sheriff:

• 10-109: In cooperation with the County of San Diego District Attorney and in consultation with officials of the nine municipal police departments in the County, publish a position paper which contains guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County.
• 10-110: Adopt clear guidelines for law enforcement personnel so that the rights of legitimate medical marijuana patients will be respected.
• 10-111: In cooperation with the County of San Diego District Attorney, establish a Medical Marijuana Advisory Council as a forum through which the operators of legitimate medical marijuana collectives and cooperatives, as well as patients and members of the public, could engage in dialogue with representatives of County law enforcement agencies on a regular basis.

The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego Board of Supervisors:

• 10-112: Adopt a cost neutral County program for the licensing, regulation and periodic inspection of authorized collectives and cooperatives distributing medical marijuana in the unincorporated areas of San Diego County, and establish a limit on the number of such facilities.
• 10-113: Adopt regulations which would allow for the closure of all unlicensed “dispensaries” in the unincorporated areas.

The 2009/2010 San Diego County Grand Jury recommends that the Mayor of the City of San Diego and the City Council of the City of San Diego:

• 10-114: Enact an ordinance creating an immediate moratorium on the opening of additional medical marijuana dispensaries in the City of San Diego, pending the adoption by the Council of guidelines regulating such establishments, as recommended by the Medical Marijuana Task Force with appropriate public input.
• 10-115: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring of medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-116: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”
• 10-117: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-118: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”
• 10-119: Upon the enactment of such an ordinance, rescind the current ban on the opening of medical marijuana collectives and cooperatives.

The 2009/2010 San Diego County Grand Jury recommends that the City Councils of Chula Vista, Imperial Beach, National City, Oceanside and Santee:

• 10-120: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring of medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-121: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”
• 10-122: Upon the enactment of such an ordinance, rescind the current moratorium on the opening of medical marijuana collectives and cooperatives.

The 2009/2010 San Diego County Grand Jury recommends that the City Councils of Carlsbad, Coronado, Del Mar, Encinitas, La Mesa, Lemon Grove, Poway and Solana Beach:

• 10-123: Enact an ordinance to establish a cost neutral program for the licensing, regulation and monitoring of medical marijuana collectives and cooperatives, and establish a limit on the number of such facilities.
• 10-124: Adopt regulations which would allow for the closure of all unlicensed “dispensaries.”

San Diego Americans for Safe Access
www.SafeAccessSD.org

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

Monday, May 24, 2010

'Prince of Pot' pleads guilty; agrees to 5-year prison term

'Prince of Pot' pleads guilty; agrees to 5-year prison term
Monday, May 24, 2010 By LEVI PULKKINEN, SEATTLEPI.COM STAFF

Marijuana seed dealer Marc Emery -- Canada's purported "Prince of Pot" and a former candidate for mayor of Vancouver -- has pleaded guilty to drug charges that all but guarantee him a five-year stay in prison.

Emery, 52, and two others stood accused of selling millions of marijuana seeds to customers around the world.

He pleaded guilty Monday to one count of conspiracy to manufacture marijuana as part of a plea agreement that would see him serve the mandatory minimum sentence for the crime.

He will be sentenced Aug. 27 and remains in federal custody.

His indictment was heralded by one top Drug Enforcement Administration official as "a significant blow not only to the marijuana trafficking trade … but also to the marijuana legalization movement," prompting Emery's supporters to describe him as a political prisoner.

Indicted in 2005, Emery fought extradition in the courts while trying to pressure Canadian authorities to block his transfer to the United States. He arrived Thursday in U.S. District Court at Seattle in preparation for Monday's plea hearing.

A plea deal struck between Emery and prosecutors would see him imprisoned for five years; two of his former co-defendants have previously pleaded guilty and received probation.

Shortly before his extradition, Emery's wife, Jodie Emery, accused Canadian authorities of aiding the American government in an attempt to "silence the most vocal opponent of the drug war."

Announcing the charges against Emery five years ago, then-DEA head Karen Tandy nearly admitted the same.

In a bellicose statement, Tandy called the move against Emery "a significant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also to the marijuana legalization movement."

Emery, an outspoken proponent of marijuana law reform and former publisher of Cannabis Culture magazine, stood accused of operating a mail-order seed business. Federal authorities assert Emery claimed to make $3 million in the year before his arrest selling the seeds.

"Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization groups active in the United States and Canada," Tandy continued in the 2005 statement. "Drug legalization lobbyists now have one less pot of money to rely on."

As Emery made his first appearance in an American court Thursday, a small group of supporters protested his incarceration outside the Stewart Street federal courthouse.

Among those gathered was Seattle resident Vivian McPeak, a Hempfest founder and outspoken advocated for marijuana law reform who called Emery "a political prisoner of the United States' drug war."

"It's an embarrassment to our home town," said McPeak, who was joined Thursday by Sunil Aggarwal, a soon-to-be graduate of the University of Washington's medical school who recently spearheaded a successful effort to get the American Medical Association to change its position on medical marijuana

McPeak noted Emery's indictment has done nothing to chill the mail order marijuana seed industry. Anyone seeking seeds can still get them from a variety of sellers online.

As Emery's supporters in his native Canada have done, McPeak faulted the Canadian government for cooperating with the DEA during the investigation and for handing Emery over to U.S. prosecutors.

"To me, this is like America extraditing someone to a country where they'd be executed for drugs," McPeak said.

Emery remained in federal custody Monday. It is expected that Emery will petition to be transferred to a Canadian prison after he arrives at a federal Bureau of Prisons facility.
Levi Pulkkinen can be reached at 206-448-8348 or levipulkkinen@seattlepi.com. Follow Levi on Twitter at twitter.com/levipulk.

1/20 San Diego City Planning Commission Meeting

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