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Medical Marijuana Advocates Threaten to Sue If San Diego Fails to Amend Flawed Ordinance (Press Release)

For Immediate Release: April 28, 2011

Medical Marijuana Advocates Threaten to Sue if San Diego Fails to Amend Flawed Ordinance

New law shuts down more than 100 operating facilities & leaves virtually no options for relocation

San Diego, CA -- Medical marijuana advocacy group Americans for Safe Access (ASA) threatened to file suit against the City of San Diego today if it doesn't amend a recent ordinance that patient advocates are calling a de facto ban on local distribution facilities. ASA argued in a letter sent to City Attorney Jan Goldsmith that the ordinance violates due process rights of medical marijuana collectives and cooperatives by forcing them to shut down in 30 days, leaving virtually no options for relocation.

Unless the city can "ease the restrictions on medical marijuana collectives, so that qualified patients can obtain the medicine they need," the letter authored by ASA Chief Counsel Joe Elford said that the organization and its patient base would be compelled to seek such remedies in court. The letter suggested that the San Diego City Council amend its ordinance to allow "medical marijuana collectives to operate in most commercial and all industrial zones" and increase "the period to obtain a conditional use permit to one year."

The city council passed its ordinance on April 12th after months of feedback from hundreds of patients and experts. Virtually all of the requests for changes, including many from its own city-commissioned medical marijuana task force, were ignored. Advocates launched one of the largest letter-writing campaigns in the city's history, resulting in thousands of letters being sent to city council members and the mayor. The ordinance recently became law without the signature of Mayor Jerry Sanders.

San Diego has a long history of hostility toward medical marijuana. In 2006, the county sued the state over having to implement the ID Card program, mandatory under the Medical Marijuana Program Act passed in 2003. The county, which took the case all the way to the U.S. Supreme Court and lost, now provides ID cards to thousands of qualified patients. Each year since 2005, San Diego medical marijuana providers have endured numerous aggressive federal raids carried out in conjunction with local law enforcement.

After a series of DEA-led raids in September 2009, one month prior to the now-famous Justice Department memo, District Attorney Bonnie Dumanis prosecuted two patients, both of whom were acquitted by juries. One of those patients, Jovan Jackson, was tried a second time and convicted as a result of being denied a medical defense. ASA, which argued against the denial of Jackson's defense at trial, is currently appealing his conviction.

Further information:
ASA threatens to sue City of San Diego: http://AmericansForSafeAccess.org/downloads/San_Diego_Demand_Letter.pdf
San Diego medical marijuana ordinance: http://AmericansForSafeAccess.org/downloads/City_of_San_Diego_Ordinance.pdf

Colorado Rep. Jared Polis, Denver Attorney Give Their Take on Fed Pot Letter

Colorado Rep. Jared Polis and Denver attorney Robert Corry spoke out this week against federal scare tactics they said were being used to create uncertainty in Colorado’s medical marijuana community. "I hope the Justice Department will respect the laws passed by the voters of Colorado and the rules propagated by our General Assembly...The Department should follow the principles it outlined in the Ogden memo: that those who are in clear compliance with state laws will not be raided. Colorado has the most robust regulatory structure in the country and our dispensaries are clearly operating under state law," said Rep. Polis. Robert Corry added, "This campaign of fear on the part of the Obama Administration is reprehensible, even more so given our own Colorado Attorney General (former U.S. Attorney)'s apparent alliance with the Obama Administration against Colorado’s citizens...The U.S. government should begin with prosecuting itself, specifically the Food and Drug Administration. Since 1978, the FDA has distributed medical marijuana to patients through the Compassionate Investigational New Drug Program."

Drug Czar Might be the Worst Job in American Politics

Following up on the news that the Drug Czar is looking for a new job, I have a piece in the Huffington Post looking at how the current political climate is rendering the Drug Czar's office irrelevant. Issues like marijuana legalization are taking off and threatening to destroy the legacy of anyone who stands in the way. More here.

Quit Playing Politics with Patients! (Action Alert)

Tell the US Attorney to Quit Playing Politics with Patients!

This week, the US Attorney for Colorado, John Walsh, issued a politically-charged memo reminding Coloradans that his office reserves the right to prosecute medical marijuana patients (if Walsh doesn't believe they are “seriously ill”) and medical marijuana providers—including licensed dispensaries that arefollowing state laws!  (See memo HERE)

This memo was one of five issued by U.S. Attorneys in different medical cannabis states in response to pending state medical marijuana legislation. While we think a large-scale crackdown on Colorado's MMJ licensees is unlikely and this memo is largely political, we need you to let John Walsh know that he should stop grandstanding to the detriment of sick patients and should TAKE ACTION to establish a Medical Marijuana Advisory Committee to the U.S. Attorney’s Office for the District of Colorado.  Click above--  it only takes 1 minute to help!

Sensible Colorado is committed to working with government officials to secure patient access to medicine, and would happily serve on an Advisory Committee comprised of patients, doctors, law enforcement, industry professionals, government officials, and other stakeholders.  

**To support Sensible's work on behalf of medical marijuana patients and providers click HERE.

Gov. Schweitzer: Medical Marijuana Overhaul Bill 'Unconstitutional'

Calling the newly passed bill overhauling the state's medical marijuana law "unconstitutional on its face," Gov. Brian Schweitzer said he wants to issue an amendatory veto to fix the parts he considers legally defective. Schweitzer criticized the House for tabling in committee House Bill 68 by Sen. Diane Sands, D-Missoula, proposed by a bipartisan interim committee after much study and many hearings last year. "They threw that in the garbage and now they're going to send bring me this (SB)423, which everybody's whose read it says, 'Oh yeah, it's unconstitutional.' "

Drug War Chronicle #681 - April 28, 2011

Phillip S. Smith, Editor - David Borden, Executive Director

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Former New Mexico Gov. Gary Johnson wants to legalize marijuana. (image via Wikimedia.org)
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