By Don Duncan
The outcome of legal victories by Americans for Safe Access (ASA) could be seen again last week, when Los Angeles County Superior Court Judge William Sterling ruled that the California Highway Patrol (CHP) must return sixty pounds of medical cannabis confiscated during a traffic stop. ASA successfully sued the CHP to stop illegal confiscation of medical cannabis in 2005; and secured the right to return of property, regardless of federal law, when the US Supreme Court refused to overturn our victory Garden Grove v. Superior Court in 2008.
The defendant in this week’s case argued he was transporting the confiscated medicine for his collective in Venice. The judge disagreed with an expert witness from the CHP, who argued that only a Primary Caregiver can transport medicine under state law. The judge acknowledged that any member of a collective or cooperative could transport medicine on behalf of other members.
Cities and counties still working to develop and implement regulations for medical cannabis should take note of decisions like this, which acknowledge the broad immunities offered to collectives and cooperatives under the Medical Marijuana Program Act (SB 420). Patients involved in collective cultivation can maintain storefronts to provide medicine to members (and be reimbursed for doing so), grow medicine, possess enough for members, and transport it. Local regulations should respect these collective immunities – not try to roll them back with onerous restrictions.
http://www.opposingviews.com/articles/opinion-ca-cops-must-return-60-pounds-of-medical-marijuana-r-1263236799
Monday, January 11, 2010
Wednesday, January 6, 2010
Jovan Jackson Sentencing Interview / Update
Mr. Jackson of Answerdam Collective is a legitimate medical cannabis patient and victim of two Operation Green Rx raids, part of Bonnie Dumanis’ effort to eradicate medical cannabis from San Diego. The first raid occurred in August of 2008, the second on September 9, 2009. Last month, Mr. Jackson was tried and vindicated of felony charges related to the first raid. Today Mr. Jackson was sentenced in State Court.
Kelly Wheeler of the City News Service reported that “Before sentencing, Judge Cynthia Bashant reduced Jackson’s felony conviction for possession of ecstasy to a misdemeanor, saying it probably would have been charged as such if not for the underlying medical marijuana case.”
Mr. Kelly went on to report “The judge also cited Jackson’s lack of prior criminal record and said there was no evidence that the 31-year-old defendant had the pills so he could sell them to others. Prosecutor Chris Lindberg unsuccessfully argued that the defendant’s possession of ecstasy was not misdemeanor conduct.”
San Diego Americans for Safe Access caught up with Mr. Jackson today after his sentencing to discuss the details. Watch the in depth interview here:
The prosecution has not given up in its efforts. Mr. Jackson is still facing a second trial for the same charges he was vindicated of. The preliminary hearing for the second medical marijuana trial is set for January 11, 2010 @ 8:30 am in Department 11 of the San Diego Superior Court 220 W Broadway, San Diego, CA 92111 on January 11, 2010. It is critical that concerned citizens, patients and anyone concerned about your tax dollars being spent on another wasteful trial.
Local Media Coverage of Mr. Jackson's Sentencing Hearing:
http://www.sdnn.com/sandiego/2010-01-06/local-county-news/medical-marijuana-collective-manager-gets-probation-for-ecstasy-posession
Eugene Davidovich
www.SafeAccessSD.org
Kelly Wheeler of the City News Service reported that “Before sentencing, Judge Cynthia Bashant reduced Jackson’s felony conviction for possession of ecstasy to a misdemeanor, saying it probably would have been charged as such if not for the underlying medical marijuana case.”
Mr. Kelly went on to report “The judge also cited Jackson’s lack of prior criminal record and said there was no evidence that the 31-year-old defendant had the pills so he could sell them to others. Prosecutor Chris Lindberg unsuccessfully argued that the defendant’s possession of ecstasy was not misdemeanor conduct.”
San Diego Americans for Safe Access caught up with Mr. Jackson today after his sentencing to discuss the details. Watch the in depth interview here:
The prosecution has not given up in its efforts. Mr. Jackson is still facing a second trial for the same charges he was vindicated of. The preliminary hearing for the second medical marijuana trial is set for January 11, 2010 @ 8:30 am in Department 11 of the San Diego Superior Court 220 W Broadway, San Diego, CA 92111 on January 11, 2010. It is critical that concerned citizens, patients and anyone concerned about your tax dollars being spent on another wasteful trial.
Local Media Coverage of Mr. Jackson's Sentencing Hearing:
http://www.sdnn.com/sandiego/2010-01-06/local-county-news/medical-marijuana-collective-manager-gets-probation-for-ecstasy-posession
Eugene Davidovich
www.SafeAccessSD.org
Tuesday, January 5, 2010
Update on Eugene Davidovich
Today prior to the San Diego City Council discussing the Agenda Item related to Medical Marijuana Recommendations, I addressed the City Council during public comment urging them to Stop Operation Green Rx and to pass the recommendations.
Watch the video: http://www.youtube.com/watch?v=a4_6qSXpfcs
This Friday I have a court hearing where once again we will attempt through a Pitchess motion to open Detective Scott Henderson’s (Jamie Conlan) personnel file. Detective Henderson is the undercover officer who I saw in November of 2008 and delivered medication to. To see the video of the delivery see: http://www.youtube.com/watch?v=dzYMHgGO_84
The hearing will be held at the San Diego Superior Court on 220 W Broadway, San Diego, CA 92101 - A courtroom will be assigned out of Department 11 at 8:30 am. Although this is more of an administrative effort, I encourage you to come out and support me as I fight against Operation Green Rx!
To learn more about my case please visit www.eugenedavidovich.com
Eugene Davidovich
Watch the video: http://www.youtube.com/watch?v=a4_6qSXpfcs
This Friday I have a court hearing where once again we will attempt through a Pitchess motion to open Detective Scott Henderson’s (Jamie Conlan) personnel file. Detective Henderson is the undercover officer who I saw in November of 2008 and delivered medication to. To see the video of the delivery see: http://www.youtube.com/watch?v=dzYMHgGO_84
The hearing will be held at the San Diego Superior Court on 220 W Broadway, San Diego, CA 92101 - A courtroom will be assigned out of Department 11 at 8:30 am. Although this is more of an administrative effort, I encourage you to come out and support me as I fight against Operation Green Rx!
To learn more about my case please visit www.eugenedavidovich.com
Eugene Davidovich
San Diego City Council Refers Medical Marijuana Recommendations to Land Use and Housing
Today the San Diego City Council voted to in favor of passing the recommendations of the San Diego Medical Marijuana Task force to the Land Use and Housing Committee for their input. The vote was 7-1 in favor of the issue.
At the start of today’s council session, representatives from Americans for Safe Access were at the city council meeting and spoke during public comment to encourage the task force to pass the regulations. When the item was called in the afternoon, there were dozens of medical cannabis patients and concerned citizens from a variety of local organizations including NORML, the DPA and others in the council chambers to show their support for the recommendations and sensible regulations.
Unfortunately the community was not able to give the council any input on the issue since public comment on the item was already heard at the previous meeting. There were even people wearing “Target” stickers to symbolize that patients feel targeted without sensible regulations.
Some in the media quickly after the meeting have reported that the Task Force rejected the recommendations, this however is not entirely accurate. It is not uncommon that Zoning issues are referred to the Land Use and Housing Committee for input. By March the committee will provide feedback to the City Council on the proposed recommendations, and hopefully propose to amend the Zoning Code to allow for medical cannabis collectives.
A complete ordinance regulating medical marijuana collectives will more than likely go up for vote before the end of 2010. It is our hope and the hope of many in the community that this issue will not be stalled or placed on a back burner. Patients need clarity and Safe Access.
Write the city San Diego City council members and thank them for their hard work on the issue and urge them to quickly bring the issue out of the Land Use and Housing Committee and back to the council for vote.
kevinfaulconer@sandiego.gov
toddgloria@sandiego.gov
anthonyyoung@sandiego.gov
carldemaio@sandiego.gov
donnafrye@sandiego.gov
martiemerald@sandiego.gov
benhueso@sandiego.gov
sherrilightner@sandiego.gov
Eugene Davidovich
San Diego Americans for Safe Access
www.safeaccesssd.org
Related Media Coverage:
http://www.sdnn.com/sandiego/2010-01-05/politics-city-county-government/san-diego-city-council-rejects-proposed-medical-marijuana-regulations
At the start of today’s council session, representatives from Americans for Safe Access were at the city council meeting and spoke during public comment to encourage the task force to pass the regulations. When the item was called in the afternoon, there were dozens of medical cannabis patients and concerned citizens from a variety of local organizations including NORML, the DPA and others in the council chambers to show their support for the recommendations and sensible regulations.
Unfortunately the community was not able to give the council any input on the issue since public comment on the item was already heard at the previous meeting. There were even people wearing “Target” stickers to symbolize that patients feel targeted without sensible regulations.
Some in the media quickly after the meeting have reported that the Task Force rejected the recommendations, this however is not entirely accurate. It is not uncommon that Zoning issues are referred to the Land Use and Housing Committee for input. By March the committee will provide feedback to the City Council on the proposed recommendations, and hopefully propose to amend the Zoning Code to allow for medical cannabis collectives.
A complete ordinance regulating medical marijuana collectives will more than likely go up for vote before the end of 2010. It is our hope and the hope of many in the community that this issue will not be stalled or placed on a back burner. Patients need clarity and Safe Access.
Write the city San Diego City council members and thank them for their hard work on the issue and urge them to quickly bring the issue out of the Land Use and Housing Committee and back to the council for vote.
kevinfaulconer@sandiego.gov
toddgloria@sandiego.gov
anthonyyoung@sandiego.gov
carldemaio@sandiego.gov
donnafrye@sandiego.gov
martiemerald@sandiego.gov
benhueso@sandiego.gov
sherrilightner@sandiego.gov
Eugene Davidovich
San Diego Americans for Safe Access
www.safeaccesssd.org
Related Media Coverage:
http://www.sdnn.com/sandiego/2010-01-05/politics-city-county-government/san-diego-city-council-rejects-proposed-medical-marijuana-regulations
Sunday, January 3, 2010
San Diego ASA Holds HARM Accountable
By: Terrie Best, SDASA
As a part of San Diego Americans for Safe Access (SDASA) efforts to Stop Operation Green Rx, I recently requested and attended a county meeting along with some prominent drug policy reformists and recovery advocates from the San Diego Community in an effort to ascertain why, year after year, county contracted organizations such as The San Dieguito Alliance, Tri City Prevention , Collaborative, SWACC (Safety Wellness Advocacy Community Coalition) and North City Prevention Coalition are allowed to lobby against safe access for medical cannabis patients under the cover of federally granted drug prevention money.
As a representative of SDASA, I became aware of Health Advocates Rejecting Marijuana (HARM) (the group to which the heads of these organizations all belong) and as a volunteer in San Diego’s recovery community, I took offense to this waste of federal money - earmarked for drug prevention – used to circumvent state law and safe access for patients.
Truly, the concentrated and relentless opposition to clarity of the Compassionate Use Act which these groups force upon the city’s lawmakers time and time again has been at the helm of quite a bit of suffering for San Diego patients.
SDASA’s concerns and efforts culminated in a meeting with Dr. Jennifer Schaffer, Director of Behavioral Health Services; Susan Bower, Director of Alcohol and Drug Services and Linda Bridgeman-Smith, Prevention Services Manager. At the meeting a number of pointed questions were asked about the San Diego County’s process for deciding how prevention’s 20% slice of federal drug services money fits into the County’s overall addiction strategy.
While my concern with this issue was about the county contractors lobbying on the county’s dime to plea for a ban on cannabis collectives and regulations, the overall tone of the meeting was to discover how we might achieve a shift in San Diego County’s philosophy on drug prevention, making it less law enforcement driven - a model called “environmental prevention” - and more about an educational based effort.
The educational approach to prevention is an idea whose time has come, and San Diego County falls very short in using some of the evidenced-based and engaging strategies, that other more progressive counties are using their federal drug prevention funds for.
I first encountered HARM when it came to ASA’s attention that the group had invited a Fullerton attorney, Martin J Meyer www.jones-mayer.com, General Counsel to a number of law enforcement associations, to speak and empower city and county staffers to impose a ban on medical marijuana dispensaries.
When we looked into who heads up this organization and found it to be county contractors, SDASA quickly called a protest and set forth an agenda to investigate and open a dialog to stop this practice. This agenda included providing documentation on HARM to the San Diego County Grand Jury as well as involving the County Board of Supervisors.
Ironically, HARM attended and opposed the Medical Marijuana Task Force which is a panel of people whom the San Diego City Council tasked with helping give San Diego clarity on the safe access issue. The concerns the group griped about would mostly resolve themselves should the task force be allowed to do the work the City Council requests. Yet HARM seems to have a knee jerk reaction at the very idea of marijuana as medicine and continually opposes any action to provide clarity to the Compassionate Use Act.
HARM’s logo and agenda are on the County’s Alcohol and Drug Services webpage as a county initiative and the initiative makes an appearance in the County’s Prevention Plan, which states HARM is tasked with addressing the availability of marijuana, paraphernalia, business practices, and media messaging that encourage, normalize or trivialize marijuana use. Since there is nothing said about medical marijuana in the Prevention Plan, from which this group gets its marching orders it is apparent that over the years HARM has stepped very far astray of the mission they are funded for.
The seminars, investigation of collectives, and passing out of propaganda stickers against safe access at county and city meetings are evidence of the over step.
When pressed for reasons why this is allowed to continue, the Health and Human Services representatives during our meeting, distanced themselves from HARM’s actions, assured us the county did *not* host the Martin Mayer seminar nor do they authorize HARM to use county funds in its medical marijuana eradication endeavors.
They maintain that the Mayer seminar was a project HARM funded not with county funds but some other private funds. Presumably HARM uses the county funds it receives for other services more in keeping with its actual agenda as laid out by the sanctioned Prevention Plan. But, we have yet to see evidence of that and the county representatives did not say what those efforts are.
This all raises the question, how does the county keep HARM accountable in its use of funds to be sure there’s no misuse or seepage into their rouge eradication agenda?
No explanation or processes were set forth by officials in the meeting and I question if they’ve even thought of it.
SDASA will continue to monitor this issue and call for accountability of HARM’s county money. In the meantime, drug policy activists, addiction specialists and recovery advocates will continue to work on a long term strategy for all San Diegans toward a more progressive prevention strategy, one that engages our youth to make good choices on their own, rather than engaging in campaigns to arrest and prosecute. This strategy should include at-risk kids in its mission and provide for a broader use of federal block grant money and should not include opposition to state law.
Let's hope that by the January 5th San Diego City Council Meeting where the Council intends to vote on medical marijuana recommendations provided to them by the Medical Marijuana Task Force, these groups will rethink their approach, and refocus on their original mission, rather than continue to subvert state law.
SDASA sincerely thanks and appreciates the dedication of Dr. Schaffer, Susan Bower and Linda Bridgeman Smith for their time and attention. We are certain they will work toward a prevention plan we can all stand by.
As a part of San Diego Americans for Safe Access (SDASA) efforts to Stop Operation Green Rx, I recently requested and attended a county meeting along with some prominent drug policy reformists and recovery advocates from the San Diego Community in an effort to ascertain why, year after year, county contracted organizations such as The San Dieguito Alliance, Tri City Prevention , Collaborative, SWACC (Safety Wellness Advocacy Community Coalition) and North City Prevention Coalition are allowed to lobby against safe access for medical cannabis patients under the cover of federally granted drug prevention money.
As a representative of SDASA, I became aware of Health Advocates Rejecting Marijuana (HARM) (the group to which the heads of these organizations all belong) and as a volunteer in San Diego’s recovery community, I took offense to this waste of federal money - earmarked for drug prevention – used to circumvent state law and safe access for patients.
Truly, the concentrated and relentless opposition to clarity of the Compassionate Use Act which these groups force upon the city’s lawmakers time and time again has been at the helm of quite a bit of suffering for San Diego patients.
SDASA’s concerns and efforts culminated in a meeting with Dr. Jennifer Schaffer, Director of Behavioral Health Services; Susan Bower, Director of Alcohol and Drug Services and Linda Bridgeman-Smith, Prevention Services Manager. At the meeting a number of pointed questions were asked about the San Diego County’s process for deciding how prevention’s 20% slice of federal drug services money fits into the County’s overall addiction strategy.
While my concern with this issue was about the county contractors lobbying on the county’s dime to plea for a ban on cannabis collectives and regulations, the overall tone of the meeting was to discover how we might achieve a shift in San Diego County’s philosophy on drug prevention, making it less law enforcement driven - a model called “environmental prevention” - and more about an educational based effort.
The educational approach to prevention is an idea whose time has come, and San Diego County falls very short in using some of the evidenced-based and engaging strategies, that other more progressive counties are using their federal drug prevention funds for.
I first encountered HARM when it came to ASA’s attention that the group had invited a Fullerton attorney, Martin J Meyer www.jones-mayer.com, General Counsel to a number of law enforcement associations, to speak and empower city and county staffers to impose a ban on medical marijuana dispensaries.
When we looked into who heads up this organization and found it to be county contractors, SDASA quickly called a protest and set forth an agenda to investigate and open a dialog to stop this practice. This agenda included providing documentation on HARM to the San Diego County Grand Jury as well as involving the County Board of Supervisors.
Ironically, HARM attended and opposed the Medical Marijuana Task Force which is a panel of people whom the San Diego City Council tasked with helping give San Diego clarity on the safe access issue. The concerns the group griped about would mostly resolve themselves should the task force be allowed to do the work the City Council requests. Yet HARM seems to have a knee jerk reaction at the very idea of marijuana as medicine and continually opposes any action to provide clarity to the Compassionate Use Act.
HARM’s logo and agenda are on the County’s Alcohol and Drug Services webpage as a county initiative and the initiative makes an appearance in the County’s Prevention Plan, which states HARM is tasked with addressing the availability of marijuana, paraphernalia, business practices, and media messaging that encourage, normalize or trivialize marijuana use. Since there is nothing said about medical marijuana in the Prevention Plan, from which this group gets its marching orders it is apparent that over the years HARM has stepped very far astray of the mission they are funded for.
The seminars, investigation of collectives, and passing out of propaganda stickers against safe access at county and city meetings are evidence of the over step.
When pressed for reasons why this is allowed to continue, the Health and Human Services representatives during our meeting, distanced themselves from HARM’s actions, assured us the county did *not* host the Martin Mayer seminar nor do they authorize HARM to use county funds in its medical marijuana eradication endeavors.
They maintain that the Mayer seminar was a project HARM funded not with county funds but some other private funds. Presumably HARM uses the county funds it receives for other services more in keeping with its actual agenda as laid out by the sanctioned Prevention Plan. But, we have yet to see evidence of that and the county representatives did not say what those efforts are.
This all raises the question, how does the county keep HARM accountable in its use of funds to be sure there’s no misuse or seepage into their rouge eradication agenda?
No explanation or processes were set forth by officials in the meeting and I question if they’ve even thought of it.
SDASA will continue to monitor this issue and call for accountability of HARM’s county money. In the meantime, drug policy activists, addiction specialists and recovery advocates will continue to work on a long term strategy for all San Diegans toward a more progressive prevention strategy, one that engages our youth to make good choices on their own, rather than engaging in campaigns to arrest and prosecute. This strategy should include at-risk kids in its mission and provide for a broader use of federal block grant money and should not include opposition to state law.
Let's hope that by the January 5th San Diego City Council Meeting where the Council intends to vote on medical marijuana recommendations provided to them by the Medical Marijuana Task Force, these groups will rethink their approach, and refocus on their original mission, rather than continue to subvert state law.
SDASA sincerely thanks and appreciates the dedication of Dr. Schaffer, Susan Bower and Linda Bridgeman Smith for their time and attention. We are certain they will work toward a prevention plan we can all stand by.
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