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:

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


Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access

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Friday, February 19, 2010


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

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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.


Wednesday, February 17, 2010

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:

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.”

Read the full report here: 


Medical Cannabis Report, Commissioned by State, to be Released

Tuesday, February 16, 2010

SACRAMENTO – In 1999, the California Legislature and Governor enacted Senate Bill 847 (Vasconcellos), which commissioned the University of California to establish a scientific research program to expand the scientific knowledge on purported therapeutic usages of medical marijuana. The legislation passed with a strong bi-partisan vote and was supported by former Attorney General Dan Lungren as well as a coalition of statewide public safety and health organizations.

Pursuant to the new law, the University of California-San Diego established the Center for Medicinal Cannabis Research (CMCR) in 2000. The Legislature appropriated a total of $8.7 million to CMCR that has been used during the ensuing years to conduct clinical and pre-clinical trials of cannabis, including smoked medical marijuana, to provide evidence one way or the other to answer the question, “Does medical marijuana have therapeutic value?”

To achieve its objectives, CMCR funded a variety of carefully designed studies, and is prepared to release a report summarizing its research.

When: Wednesday, February 17, 2010, 10 a.m.
Where: State Capitol, Room 3191

Senator Mark Leno
Senator John Vasconcellos (ret), author of SB 847
Igor Grant, MD, Director, CMCR
J. Hampton Atkinson, MD, Co-director, CMCR
Barth Wilsey, MD, Clinical Professor, UC-Davis Health System

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 ( 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:

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 ( 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

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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

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Tuesday, February 9, 2010

Comedy Show TONIGHT! La Jolla Comedy Store

Medical Marijuana ExtravaGANJA! – TONIGHT FEB 9, Doors Open 8:30pm

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!

View the event flier:

(This event is being held instead of the monthly ASA MEETING. The monthly ASA meeting will NOT be held TONIGHT, 2010 at the Mt. Alifan location instead join us at the comedy show in La Jolla..)
Tickets are only $10.00 Available at the door. (Cash Only)
More info call: 619-446-9786
This is a 21+ Event.
Tonight the show starts at 9 pm and doors open at 8:30. Get there early as you definitely want to be part of the annual 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.

Tonight a special guest will be making an appearance! Come meet WWE Champ Rob Van Dam!!

The show will feature the Star Comedian Howard Dover as well as others!
He's a wonderful supporter and a funny guy to boot! Check out his site at

Also on the show is Last Comic Standing's Jay London (,,, Shia LeBeouf's father, Jeff (one of CA's original hippies) and much more!

Tickets are only $10, available cash only at the door 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 on the 9th.


Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access

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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

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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
* San Diego County Medical Marijuana ID Card Program:

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 for more information and the latest Legal Tips from ASA!

San Diego Americans for Safe Access

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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
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1/20 San Diego City Planning Commission Meeting

To see all the San Diego ASA News Briefs visit: