San Diego Medical Marijuana Task Force Meeting #4 - 10/29/2009

The San Diego Medical Marijuana Task force will meet Friday October 30th, 2009, for the fourth time to deliberate on regulations for medical marijuana collectives and cooperatives in the city.

One of the items presented to the task force will be a public opinion poll of City of San Diego residents conducted by Elizabeth Sheld of Competitive Edge Research and Steven Francis of KeepComingBack.com after which the deliberation will begin.

Aside from the poll, the other hot item on the agenda is Action Item; Existence of dispensing cooperatives and collectives via a discretionary process or a hybrid “by right/discretionary” process or alternatives.

Many in the community plan to come out and address the task force, including members of San Diego Americans for Safe Access.

The Official Agenda for the meeting as well as minutes from previous meetings are available for download from the task force's website at: http://www.sandiego.gov/medicalmarijuana/meetings/

MEDICAL MARIJUANA TASK FORCE
Alex Kreit, Chair
Stephen Whitburn, Vice Chair
AGENDA FOR
FRIDAY, OCTOBER 30, 2009, AT 9:00 A.M.
COMMITTEE ROOM (12TH FLOOR),
CITY ADMINISTRATION BUILDING
202 C STREET, SAN DIEGO, CALIFORNIA
For information, contact Kim Nguyen, Council District Seven
202 C Street, 3rd Floor, San Diego, CA 92101
Email: KLNguyen@sandiego.gov
(619) 236-7042

NON-AGENDA PUBLIC COMMENT

TASK FORCE COMMENT

CITY ATTORNEY AND IBA STAFF COMMENT

APPROVAL OF MINUTES FROM OCTOBER 22, 2009

INFORMATION ITEM

ITEM 1 – Presentation of a public opinion poll of City of San Diego residents conducted by Elizabeth Sheld of Competitive Edge Research and Steven Francis of KeepComingBack.com

ACTION ITEMS

ITEM 2 – Existence of dispensing cooperatives and collectives via a discretionary process or a hybrid “by right/discretionary” process or alternatives

ITEM 3 – Signage conditions to be placed on dispensing cooperatives and collectives

ITEM 4 – Distance requirements to be placed on dispensing cooperatives and collectives
a) Distance from schools, parks, recreational facilities, other similar entities
b) Distance from one another

DISCUSSION ITEM

ITEM 5 – Agenda items for next meeting

Congressional Medical Marijuana Bill Lifts Ban on Evidence in Federal Court

For Immediate Release: October 27th, 2009
"Truth in Trials" Act corrects unfair trials, complements recent DOJ guidelines

Washington, D.C. -- U.S. Representative Sam Farr (D-CA) and more than twenty original bipartisan co-sponsors introduced legislation today that would allow defendants in medical marijuana cases the ability to use medical evidence at trial, a right not currently afforded them. Because of a June 2005 U.S. Supreme Court ruling in Gonzales v. Raich, the government has the discretion to enforce federal marijuana laws even in medical marijuana states. The Raich ruling also allows federal prosecutors to exclude evidence of medical use or state law compliance in federal trials, all but guaranteeing convictions of medical marijuana patients and providers.

Last week, the U.S. Attorney General issued guidelines to federal prosecutors discouraging them from prosecuting cases in which patients and providers are "in clear and unambiguous compliance with existing state laws." Unfortunately, the guidelines neither direct U.S. Attorneys to abandon the more than two-dozen pending federal medical marijuana cases, nor allow defendants the ability to use medical evidence to exonerate themselves. "This is a common sense bill that will help stop the waste of law enforcement and judicial resources that have been spent prosecuting individuals who are following state law," Rep. Farr said on Tuesday. "We need strict drug laws, but we also need to apply a little common sense to how they’re enforced. This legislation is about treating defendants in cases involving medical marijuana fairly, plain and simple."

During the Bush Administration, more than a hundred federal cases were prosecuted by U.S. Attorneys against medical marijuana patients and providers who were prevented from using medical evidence at trial. Because of an inability to properly defend themselves, scores of people have been convicted and have received sentences of up to 20 years in federal prison. While the Justice Department guidelines may result in fewer federal prosecutions, they are unlikely to assist defendants currently being prosecuted. Underscoring the need for the "Truth in Trials" Act, San Diego U.S. Attorney Karen Hewitt, a Bush appointee, recently responded to the guidelines by claiming she still does not have to prove a violation of state law before prosecuting someone under federal law.

"The 'Truth in Trials' Act will restore the balance of justice and bring fundamental fairness to federal medical marijuana trials," said Caren Woodson, Government Affairs Director with Americans for Safe Access, the legislation's endorser. "This legislation complements the recent Justice Department guidelines for federal prosecutors and is now more necessary than ever."

Routinely, federal prosecutors seek long prison sentences in medical marijuana cases. Charles C. Lynch, a locally licensed medical marijuana dispensary operator from Morro Bay, California who had the support of his City Council and local Chamber of Commerce, was prosecuted and convicted under the Bush Administration. Although Lynch was accused by the federal government of violating state law, he could not use evidence of his compliance with state law at trial. "I was denied an affirmative defense despite my strict adherence to local and state medical marijuana laws," said Lynch. "Passage of this bill will allow jurors to hear the entire story." Lynch is currently released on bail pending his appeal.

The "Truth in Trials" bill has been introduced by Congress in past sessions, but is especially relevant now that the Obama Administration has changed federal policy on medical marijuana. At the time of introduction, the "Truth in Trials" bill had been endorsed by a diverse group of more than three-dozen advocacy, health, and legal organizations, including Americans for Safe Access (ASA), American Civil Liberties Union (ACLU), National Association of People With AIDS (NAPWA), National Minority AIDS Council (NMAC), and AIDS Action Council. The "Truth in Trials" bill is likely to be referred to the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. A companion bill has yet to be introduced in the U.S. Senate.

Contact ASA at 510-681-6361 to coordinate interviews with current federal defendants and those convicted without a defense

For further information:
"Truth in Trials" legislation introduced today: http://AmericansForSafeAccess.org/downloads/Truth_in_Trials_Act.pdf
Congressional cosponsors of "Truth in Trials" Act: http://AmericansForSafeAccess.org/article.php?id=5825
More information on the "Truth in Trials" Act: http://AmericansForSafeAccess.org/section.php?id=354

San Diego Americans for Safe Access Meeting Tonight at 7pm

Come out to learn whats going on in the community, the state, and the nation.
The San Diego ASA meeting starts tonight at 7 pm at:

6070 Mt. Alifan Dr. Ste 202
San Diego, CA 92111

visit www.SafeAccessSD.org

Court Hearing for Joseph Malone - 9:00 AM - MONDAY OCT 26

Court Hearing for Joseph Malone - 9:00 AM - MONDAY OCT 26 - will be assigned a trial courtroom from Department 11.

San Diego Superior Court -220 W Broadway, San Diego, CA 92101

Joseph is on trial for operating a medical cannabis collective. He was arrested and charged as a part of the Operation Green Rx investigations that have been ongoing for years in San Diego, spearheaded by Bonnie Dumanis.

The harrassment and the continued destruction of innocent people's lives must stop. Joseph is the victim and need your support in court. Please come monday and show the judge and jury that the community as a whole is watching.

Peaceful Protest / Rally Against CNOA -Thursday - October 22 – 5:30pm Doubletree Hotel

Peaceful Protest / Rally
CNOA 2009 Awards Ceremony

Thursday - October 22 – 5:30pm Doubletree Hotel
7450 Hazard Center Drive, San Diego, CA 92108

The California Narcotics Officers Association is holding their annual awards ceremony in San Diego this year. Some of the officers receiving awards are being recognized for their efforts in eradicating medical marijuana as a part of Operation Endless Summer / Green Rx earlier this year.

We as a community must tell the CNOA how we feel about their ignorance of medical cannabis laws, and their refusal to acknowledge cannabis as a legitimate medication. This organization is responsible for training all the San Diego Narcotics officers in how to eradicate medical marijuana.

As inexcusable as this award is, we are holding a Peaceful rally the night of the award dinner in front of the host hotel.

Rally starts at 5:30PM
Thursday, October 22, 2009
Doubletree Hotel
7450 Hazard Center Drive, San Diego, CA 92108