Skip to main content

Latest

Chronicle
In The Trenches

ASA Victory: The End of Medical Cannabis Seizures in California

[Courtesy of Americans for Safe Access] 

Court rules that police must enforce state, not federal law

Dear ASA Supporter,

Yesterday, a California Appeals Court ruled that “it is not the job of the local police to enforce the federal drug laws.” Ending years of dispute, the court ruled in favor of Felix Kha, a medical marijuana patient seeking the return of his medical marijuana that was seized by police. “It should now be abundantly clear to law enforcement across the state that it is not acceptable to seize the medicine of seriously ill patients,” said Joe Elford, who represented Kha as Chief Counsel with Americans for Safe Access (ASA).

Yesterday’s victory marks the culmination of two years of litigation led by ASA. This important decision would not have been possible without the generous contributions of ASA supporters.

To help ASA continue the fight for patients’ rights, donate today!

"The ruling can help someone else that is in really bad need of access to their medicine." Felix Kha said after hearing of the victory. Felix is not alone: Americans for Safe Access (ASA) has compiled reports from nearly eight hundred patient encounters with local or state police during a period of more than two years. These reports show a glaring trend: more than 90% of all encounters result in medicine seizure by police regardless of any probable cause. According to reports received by ASA, rampant seizure of medical marijuana from qualified patients and primary caregivers has taken place in 53 of California's 58 counties.

As of yesterday, California law enforcement will be “fulfilling their more traditional duty to administer the laws of this state,” according to the court’s ruling. This precedent-setting victory was achieved through years of meticulous planning by ASA’s Legal Affairs Department, none of which would have been possible without our members and supporters, whose donations fund the $200,000 annual budget of our Legal Affairs Department.

Donate today! Support ASA’s Legal Affairs Department and help set precedents to ensure patients’ rights!

With your help we can fund several other important legal challenges to achieve the lasting victory we seek: Truly safe and legal access to medical cannabis for every patient who needs it. Thank you for your continuing generous support!

Warmly,

Steph Sherer
Executive Director
Americans for Safe Access

P.S.: To learn more, please refer to Felix Kha's return of property case and the Decision by the California Fourth Appellate District Court.

In The Trenches

The Sentencing Project: Disenfranchisement News & Updates - 11/29/07

National: "Abandon Felon Disenfranchisement Policies" University of Washington criminologist Robert Crutchfield argues that "In a nation that continues to have criminogenic inequalities (in education, housing, and employment) and, as a result, substantial disparity in criminal involvement and sanctioning, [felony disenfranchisement policies are] unfair and unjust." Writing in the journal, Criminology and Public Policy, (November 2007), Crutchfield examines the impact of drug and sentencing policies, concluding that "African Americans are disproportionately at risk for felony conviction and, consequently, for felon disenfranchisement." He further argues that since these policies have no positive benefits for individuals or communities, they are "anti-democratic and should be abolished." Rep. Keith Ellison (D-Minn.) is seeking legislation that would require states to allow formerly incarcerated individuals to vote in federal elections upon release from prison. According to the Associated Press, Ellison introduced re-enfranchisement legislation earlier in his career while in the Minnesota Legislature. "Allowing felons to vote signals our value on redemption," he said. "We should believe in second chances. I can think of very few things that are more public-spirited than voting. I don't think there's any real good reason to deny you the right to vote once you're in, but, once you're out and you can vote - that would be a system that would make sense to me." Wisconsin: Audit Finds 1,500 Eligible Citizens Not Allowed to Vote in 2006 During an audit this week, the Wisconsin Legislative Audit Bureau reported that of 35,000 formerly incarcerated individuals listed on an ineligible voter list, about 4.4 percent, or 1,537 citizens, likely would have been eligible to vote in elections held in 2006, according to the Wisconsin State Journal. "Those names shouldn't have been on the list. I can't say that they went to the polls and were turned away. We don't know that," state auditor Jan Mueller said. Sen. Jim Sullivan (D-Wauwatosa) who serves as audit committee co-chairman said the oversight "effectively disenfranchised" potential voters. Kentucky: Legislation in the Works for Disenfranchised Kentuckians A committee representing the State Government Task Force on Elections met this week to discuss re- enfranchisement legislation filed by Democratic Representative Darryl Owens for the upcoming General Assembly. Formerly incarcerated citizens testified in support of the legislation while Kentucky Senator Julian Carroll and Reps. Mike Cherry, Mike Harmon and Melvin Hensley offered their support. See more at Kentuckians for the Commonwealth. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information: e-mail: [email protected], web: http://www.sentencingproject.org
In The Trenches

Drug Truth Update 11/29/07

Drug Truth Network Update: Cultural Baggage + Century of Lies Half Hour Programs, Live Tuesdays & Wednesdays... at 90.1 FM in Houston & on the web at www.kpft.org. Cultural Baggage for 11/28/07 Roger Goodman, Wash State Rep + Poppygate & Corrupt Cop Story MP3 MP3 LINK: http://www.drugtruth.net/007DTNaudio/FDBCB_112807.mp3 Century of Lies for 11/27/07 Dr. David Bearman speaks to Wisc. Med School 2/2 + Drug War Facts MP3 MP3 Link: http://www.drugtruth.net/007DTNaudio/COL_112707.mp3 Next Week - Century of Lies on Tues, Cutural Baggage on Wed: - Cultural Baggage 12:30 PM ET, 11:20 AM CT, 10:30 AM MT & 9:30 AM PT: Reporter Bob Doran, N. Coast Journal, Humboldt CA - Century of Lies 12:30 PM ET, 11:20 AM CT, 10:30 AM MT & 9:30 AM PT: THE DIVINE VEGETAL: Ayahuasca Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. (NOTE: Radio4all website down at this posting) Check out our latest videos via www.youtube.com/fdbecker Please become part of the solution, visit www.endprohibition.org for links to the best of reform. "The money that has been frittered away on this drug war would fill a string of boxcars nine miles long stuffed with hundred dollar bills. How much more?" - Reverend Dean Becker, Drug Truth Network Producer http://www.chron.com/disp/story.mpl/editorial/outlook/5243274.html Dean Becker 713-849-6869 www.drugtruth.net
In The Trenches

Press Release: Appellate Court Strongly Vindicates Patients Right to Medical Marijuana Seized by Police

[Courtesy of Americans for Safe Access] For Immediate Release: *November 28, 2007 Appellate Court Strongly Vindicates Patients Right to Medical Marijuana Seized by Police Ending years of dispute, court rules that police must enforce state and not federal law Santa Ana, CA: A California Appeals Court ruled today in favor of Felix Kha, a medical marijuana patient from Garden Grove seeking the return of his 8 grams of medical marijuana that was seized by police. In a ruling that rejects law enforcement's claim that federal law preempts the state's medical marijuana law, the court asserted "we do not believe the federal drug laws supersede or preempt Kha's right to the return of his property." The court further stated that, "it is not the job of the local police to enforce the federal drug laws..." After more than 2 years, the appellate court has answered a divisive question pitting the State Attorney General against the California Police Chiefs Association. Both filed "friend of the court" briefs in the case on opposite sides of the issue, with the Attorney General in support of Kha. "It should now be abundantly clear to law enforcement across the state that it is not acceptable to seize the medicine of seriously ill patients," said Joe Elford, who represented Kha as Chief Counsel with Americans for Safe Access (ASA), a national medical marijuana advocacy group. "And if, for whatever reason, a seizure occurs, the court has ensured that patients have a mechanism to get it back." Kha was cited for marijuana possession and had his medicine seized in June 2005, but after the case was dismissed in August 2005, an Orange County Superior Court judge ordered the return of his medicine. However, the City of Garden Grove not only refused to return Kha's unlawfully seized property, it also appealed the order, an unprecedented action by a California city. Americans for Safe Access (ASA) has compiled reports from nearly eight hundred patient encounters with local or state police during a period of more than two years. These reports show a glaring trend: more than 90% of all encounters result in medicine seizure by police regardless of any probable cause. According to reports received by ASA, rampant seizure of medical marijuana from qualified patients and primary caregivers has taken place in 53 of California's 58 counties. These violations of state law occur in both urban and rural locales, in the north as well as the south, and by both city and county law enforcement. The court's ruling also affirms a policy change by the California Highway Patrol (CHP), which until 2005 held the record for the worst violator of Proposition 215. The CHP's policy of mandatory seizure of medical marijuana was challenged in court by ASA, after which the state's top law enforcement agency amply modified its policy. "Both today's court ruling and the CHP policy should go a long way to restore patients' rights in California," continued Elford. For further information, refer to: Decision by the California Fourth Appellate District Court (http://www.courtinfo.ca.gov/opinions/documents/G036250.PDF) Felix Kha's return of property case (http://www.safeaccessnow.org/article.php?id=4412).
In The Trenches

Press Release: PreventionWorks! Selects New Executive Director To Advance Agency As A HIV Continuum Of Care Service Provider

[Courtesy of PreventionWorks!] NEWS RELEASE: November 20, 2007 CONTACT: Beth Beck: [email protected], (202) 253-0397 PreventionWorks! Selects New Executive Director To Advance Agency As A HIV Continuum Of Care Service Provider November 20, 2007 – Washington, DC – PreventionWorks!, a non-profit community-based organization committed to addressing HIV/AIDS and related health issues among drug users, their families, friends and partners, announced today the appointment of its new Executive Director. Ken Vail, MPH, MA, has been selected to lead the agency, as it prepares to expand and enhance service delivery to the District’s most vulnerable populations. The appointment of Mr. Vail is the result of an official search that began after Paola Barahona, Founding Executive Director, announced her departure in August of this year. "After an exhaustive and detailed search, that included the efforts of an executive search firm, it became clear to the Board of Directors that we already had the best candidate for the job", said Beth Beck, Board President, Prevention Works!. “As the search moved forward, it was evident to the Board that Mr. Vail’s knowledge, skills, experience, and vision were directly in line with the growth the agency is experiencing in response to the continually shifting HIV/AIDS epidemic and we are very excited to have him aboard.” Mr. Vail was most recently the Interim Executive Director for PreventionWorks! and took over the operations of the agency in August. Before coming to PreventionWorks! he was the Director of Prevention for Community Health Action of Staten Island. Mr. Vail has more than 17 years of experience in the fields of public health, medical anthropology and direct service provision. He has a strong background in non-profit program planning and management, staff development, grant writing and program evaluation. Mr. Vail also has extensive experience as an HIV prevention educator and is an expert in the theory and practice of harm reduction. “I am very excited and humbled to become the next Executive Director for PreventionWorks!” said Vail. “I have worked my whole life to serve populations most impacted by HIV disease and illness and I look forward to working with staff, volunteers, clients, and the Board of Directors to move the agency forward.” “As Executive Director, my initial focus will be to strengthen the organizational infrastructure to effectively position the agency as a comprehensive continuum of care service provider to best improve the health of DC’s drug using populations and most vulnerable residents.” Transition Guides, an executive firm specializing in non-profit agencies, and the Board of Directors at PreventionWorks, conducted the search for the executive director position.
Blog

Marinol prescribing protocol

According to my psychiatrist, the DEA is coercing doctors into changing the way they prescribe Marinol. The change is in the number of refills granted to patients. Within the last six months doctors began issuing prescriptions with one refill. Before that they issued ones with up to three.