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Americans for Safe Access: June 2009 Activist Newsletter

U.S. Supreme Court Affirms California Medical Marijuana Program

High Court Refuses to Hear County Challenge to State Law


In another landmark victory for the ASA legal team, the U.S. Supreme Court has said no to an attempt by a California county to overturn the state's medical marijuana law.

The case, brought by San Diego County and joined by two others, alleged that the federal prohibition of marijuana preempts the state law that allows legal access for qualified patients. County officials were resisting the legislature's mandate to implement a identification card program for medical marijuana patients.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said ASA Chief Counsel Joe Elford, who helped argue the case. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

The San Diego Superior Court and the Fourth District Court of Appeals both rejected the argument, which was followed by the California Supreme Court's refusal to review the case in 2008. ASA filed a lawsuit in January against Solano County for its refusal to implement the state ID card program.

"This decision and our lawsuit against Solano will undoubtedly have an impact on the other 10 counties that have failed to implement the ID card program," said Elford.

Colusa, Madera, Mariposa, Modoc, Mono, San Bernardino, San Diego, Solano, Stanislaus, and Sutter counties have each been notified about their obligation to implement the ID card program.

ASA worked with the ACLU Drug Law Reform Project to litigate the San Diego case, with both organizations on the side of the California Attorney General defending the state's medical marijuana law. The County of San Bernardino joined San Diego County in its original lawsuit and the subsequent appeals.

The ID card program was established in 2004 with the legislature's passage of SB 420, the Medical Marijuana Program Act. The ID cards are intended to assist law enforcement identify qualified patients and protect those patients from wrongful arrest.

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ASA Defends Marijuana Seizure Ruling on Appeal

California Court Considers Law Enforcement Limits

The right of California patients to both organize collectives to grow medical marijuana and be protected from unreasonable search and seizure was defended by ASA last month before a state appeals court. Butte county officials are trying to overturn a lower court's decision that had removed restrictions the county had imposed on patient collectives.

"We're cautiously optimistic about the outcome," said ASA Chief Counsel Joe Elford, who argued the case. "The panel asked tough questions of the county and clearly understands that this is an important and interesting case for defining the limits and obligations of state medical marijuana law."

The case,
Williams v. Butte County, involves a collective of seven patients who had pooled their labor and resources to maintain a 41-plant garden. But county policy required every member of the collective to live on the property or physically till the soil, a restriction not found in California law. So when the sheriff's department entered the property without a warrant and ordered the owner to tear down all but six plants for himself and six plants for his wife -- which he did under threat of arrest - ASA sued the county and won.

Butte officials are appealing the trial court's ruling that the Butte County policy is preempted by state law and that a patient may file a claim for unreasonable search and seizure in such a circumstance. The county is being supported before the Court of Appeal for the Third District by the California Peace Officers' Association, California Police Chiefs' Association, and California Sheriffs' Association, organizations that have filed amicus briefs arguing against patient rights in several ASA cases.

In addition to the question of whether county's can impose onerous restrictions on how collectives may operate, the court was concerned with when and how law enforcement may seize medicine.

The county argued that there is no restriction on seizures of marijuana by state officials, since it remains illegal under federal law. One of the justices commented that this would seemed to violate the spirit of Proposition 215 and asked whether the electorate would be "mystified" by a decision that would allow law enforcement to seize marijuana from patients without any restriction.

ASA argued that the California Supreme Court's opinion in People v. Mower that "probable cause depends on all of the circumstances, including one's status as a qualified medical marijuana patient" means that law enforcement must have probable cause to seize medicine from qualified patients.

Elford told the court that in this case there was neither probable cause nor a search warrant, and without any exigent circumstance to justify a warrantless seizure - the officer knew that Williams wanted to keep the marijuana and was not going to destroy it on his own -- there is no excuse for failing to get a warrant.

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ASA Chapter Profile: Honolulu, Hawaii

Since it was formed last September, ASA's Honolulu, Hawaii chapter has been growing steadily and gaining ground in the fight for medical cannabis patients rights. Honolulu ASA is the only advocacy group on the island which works exclusively for medical cannabis issues. In the past few months, Honolulu ASA has formed alliances with other advocacy groups on Oahu such as the Drug Policy Forum of Hawaii and the West Oahu Hope For A Cure.

Last month, the chapter gained a seat on Hawaii's statewide Medical Cannabis Task Force, which was established by the legislature on April 29th to look into the Hawaii program and make recommendations early next year. The director of the Honolulu chapter of ASA will represent ASA members throughout the state in the upcoming deliberations to make Hawaii's program a viable system, including the possible creation of a distribution system.

This is the first time that an ASA local chapter will have a seat on a statewide task force. This bill is now being sent over to the governor for her approval.

The Honolulu chapter has been growing rapidly, with membership recently reaching 100 members, thanks in part to a new partnership with a local physician. ASA Honolulu's goal is to eventually have every medical cannabis patient on the island of Oahu as an ASA member.

ASA Honolulu has established a relationship with Dr. Jimenez to have a presence in his Hawaii office as he is seeing new and re-certifying patients during his monthly visits to the island. This allows ASA an opportunity to introduce the organization to qualified patients and get them signed up as new members.

Dr Jimenez is also an ASA member and a member of the local chapter and has been added as the Medical Advisor to the chapter to assist in work on the Medical Cannabis Task Force. Dr. Jimenez is one of the primary medical cannabis recommendation physicians in Hawaii and California with approximately 11,000 current recommendations written.

This month, the Honolulu chapter will begin holding approximately 20 different "Cannabis Classes" to teach patients valuable tips and techniques for choosing, growing, cloning, harvesting, curing, and using their medication. They are also working out the details for weekend "Cannabis Camps" to be held at various beach parks on Oahu each year. These Cannabis Camps will offer ASA members additional opportunities for classes, fellowship with other patients, and entertainment while camping at a beautiful Hawaii beach. Members from other chapters are invited to attend these Cannabis Camps as an opportunity to further relationships between the chapters.

For more information about the Honolulu ASA chapter and the work that we have been doing in Hawaii, visit our chapter website at
www.HonoluluASA.org or contact us by email at [email protected] or by phone at (808) 840-0229 or (808) 352-5815.

Blog

Rhode Island Senate Votes to Open Medical Marijuana Dispensaries

Legal access to medical marijuana could soon be coming to the east coast:

PROVIDENCE, R.I. (AP) — Rhode Island would be the third state in the nation and the first on the East Coast to allow nonprofit stores to sell marijuana to medical patients under legislation approved Tuesday by state lawmakers.

The state Senate voted 30-2 to adopt a measure permitting three stores to sell marijuana to more than 680 patients registered with the state Department of Health. It now heads to Gov. Don Carcieri, who has previously vetoed bills legalizing marijuana for medical use.

A veto from the governor is almost certain, but towering majorities in the House and Senate should make it possible to override the veto. That's exactly how Rhode Island's original medical marijuana law was passed. Maybe Carcieri should just sign the damn thing and save himself the double embarrassment of not only trying to stand between seriously-ill patients and their medicine, but also failing at it.
Blog

Drugs and Terror on the Daily Show


The Daily Show With Jon StewartMon - Thurs 11p / 10c
Gretchen Peters
www.thedailyshow.com
Daily Show
Full Episodes
Political HumorNewt Gingrich Unedited Interview

Did you notice anything missing from this conversation? Seriously, if we're concerned about the drug trade funding terrorism, the only answer is to fundamentally rethink our drug policy. This problem didn't just arrive on our doorstep last year. We've been fighting a hopeless and counterproductive war against these guys for decades and they're more powerful now than ever before. The solution is to do the opposite of what we're doing, not to make little adjustments or try a little harder.

Blog

Wrong Door Drug Raids Are No Laughing Matter


I don't exactly understand what the agenda behind this video is supposed to be, but it kind of gave me the creeps. I think it's supposed to be funny and I wonder if the creators realize how true it really is.


In The Trenches

Safe Streets Arts Foundation: International Publicity for Our Prison Art Show

Canadian Radio Station Interview about our Upcoming Pano Prison Art Show

(Listen to It at Your Leisure)

Gallery logo

 

Listen to our interview

 live on Monday, June 8, 10:30 pm Eastern time on a prominent Vancouver, Canada radio station at www.coopradio.org or, if you miss it, listen to the podcast at www.rabble.ca.

 

The subject of the radio interview is

 our upcoming free art show featuring "Pano" art created in prisons across America. This is a special show called "Pano in American Tradition" at Takoma Park Community Center (Gallery 3), 7500 Maple Ave, Takoma Park, Maryland from June 12 to July 25, 2009. The art is part of the collection of the Safe Streets Arts Foundation, which operates the Prison Art Gallery in Washington DC. The opening reception will take place on June 12 from 6 to 9 pm, and will feature live music by ex-prisoner guitarist Dennis Sobin, who has performed at the Kennedy Center.
 
Paño art draws on the deepest emotions of prisoners whose artistic expression is limited only by the materials at hand. The word paño (Spanish for cloth or handkerchief) has come to mean the art form itself -- a ball point pen or colored pencil drawing on a handkerchief.
 
Scholars have yet to determine the origin of paño art but some believe that it emerged in the 1940s among Chicano prisoners in the Southwestern United States who drew on the handkerchiefs or torn bed sheets. They do this because finding materials for artistic expression is difficult.
 
The portable and economical aspects of the Paño (handkerchief) allow prisoners to share their work with family and friends, use in bartering, and to mentally escape prison life. Today paño art is associated with Chicano inmates around the country, both male and female, who neatly fold paños into envelopes and mail them to loved ones.
 
Paños typically depict prison life, loved ones, dreams, memories, or personal experiences. Paño artists take much of their imagery and inspiration from the larger visual arts vocabulary of Chicano art conspicuous in murals, posters, low rider cars, graffiti, and tattoos. 
 
Most prisons offer handkerchiefs for sale in the commissary and tacitly sanction the art. Panos are collected in great numbers by convict patrons. The Smithsonian Museum has a pano collection, recognizing the uniqueness of this art form.
 
The Safe Streets Arts Foundation, incorporating both the Prisons Foundation and the Victims Foundation, is the sponsor of the annual From-Prison-to-The-Stage Show at the Kennedy Center and the Prison Art Gallery in Washington, DC. It is supported through the generosity Lloyd S. Rubin, ex-prisoner and international arts consultant.


For more information about the free Pano art show sponsored by the City of Takoma Park and taking place at the Takoma Park Community Center (Gallery 3) from June 12 to July 25, 2009, contact Stéphan Janin at:  [email protected]

witherspoon

"The Safe Streets Arts Foundation, incorporating both the Prisons Foundation and the Victims Foundation, is proud to sponsor the annual From-Prison-to-The-Stage Show at the Kennedy Center and the Prison Art Gallery at 1600 K Street. NW, Suite 501, Washington, DC, three blocks from the White House."

In The Trenches

FedCURE NEWS: NCJCA ~ LIVE WEBCAST: 3:00PM, THURSDAY -- Senate Judiciary Subcommittee Hearing Scheduled on Webb Bill to Overhaul America’s Criminal Justice System


Media Advisory for:                          Contact: Jessica Smith – 202-228-5185

Thursday, June 11, 2007, 3:00pm                        Kimberly Hunter – 202-228-5258

*** LIVE WEBCAST: 3:00PM, THURSDAY ***

Senate Judiciary Subcommittee Hearing Scheduled on

Webb Bill to Overhaul America’s Criminal Justice System

National Criminal Justice Commission Act charges comprehensive

 review of system, concrete solutions for reform

Washington, DC – On Thursday, June 11, the Senate Committee on the Judiciary, Subcommittee on Crime and Drugs will hold a hearing on Senator Webb’s legislation to comprehensively review and reform the nation’s criminal justice system. The hearing entitled “Exploring the National Criminal Justice Commission Act of 2009,” will host a number of experts in the field to discuss the need for such legislation. Senator Webb will participate in the hearing.

On March 26, Webb introduced S.714 to create a blue-ribbon commission charged with conducting an 18-month, top-to-bottom review of the nation’s entire criminal justice system and offering concrete recommendations for reform. The legislation has received widespread bipartisan support and has 29 cosponsors in the Senate, including Chairman of the Senate Judiciary Committee Senator Patrick Leahy (D-VT), Chairman of the Subcommittee on Crime and Drugs Senator Arlen Specter (D-PA) and Ranking Member Senator Lindsey Graham (R-SC), and Judiciary Committee member Senator Orrin G Hatch (R-UT).

In the 110th Congress, Webb chaired two hearings of the Joint Economic Committee that examined various aspects of the criminal justice system. In October of 2008, he conducted a symposium on drugs in America at George Mason University Law Center.

The hearing will be webcast online at the Senate Judiciary Committee website. The watch live, please go to: http://judiciary.senate.gov/hearings/hearing.cfm?id=3906

WHAT:                       Judiciary Committee, Subcommittee on Crime and Drugs Hearing: “Exploring the National Criminal Justice Commission Act of 2009”

WHEN:                       Thursday, June 11th, at 3:00pm

WHERE:                    226 Dirksen Senate Office Building, Washington, DC

                                    Or online at: http://judiciary.senate.gov/hearings/hearing.cfm?id=3906

WITNESSES:            Pat Nolan, Vice President, Prison Fellowship

Chief William Bratton, Los Angeles Police Department

Professor Charles J. Ogletree, Harvard Law School

Brian W. Walsh, Senior Legal Research Fellow, Center for Legal and Judicial Studies, The Heritage Foundation

For background materials on Senator Webb’s legislation, please visit:  http://webb.senate.gov/email/criminaljusticereform.html

For  additional materials or to RSVP, please contact Kimberly Hunter at: [email protected].

Event