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Medical Marijuana

ASA's Medical Marijuana in the News: 1/11/08

COLORADO: Another Return of Medical Marijuana

Another case of wrongfully seized medical cannabis has come to a happy close in Colorado, as a former Marine had his medicine returned by police. The return is thanks largely to landmark litigation brought in part by Brian Vicente, director of the Colorado Campaign for Safe Access, a joint project of Sensible Colorado and ASA. Even the Washington Post is taking note.

Aurora Police Return Marijuana To Former Marine
by Rick Sallinger, CBS 4 Denver
Police in Aurora have given back dozens of marijuana plants they seized. The owner claimed the pot was being used for medicinal purposes and he had a state issued card to back it up.

Medical Marijuana Payback Burns Colorado Police
by Emil Steiner, Washington Post
Policing pot in Colorado is about to get a lot more complicated. The kick-in-the-door raids SWAT teams have long employed could now cost cities hundreds of thousands of dollars following two landmark court decisions upholding the state's constitutional protection of medical marijuana. Under the rulings, police departments are required to return any marijuana and paraphernalia taken from state-sanctioned growers, and can be sued by those growers if the crops aren't preserved.

CANADA: Caregiver Limits Found Unconstitutional

A federal court in Canada has again found that country's policies on restricting access to medical cannabis to be unconstitutional, saying the current approach has "caused individuals a major difficulty with access." In this case, the issue is the number of patients for which a person may provide cannabis, which had been limited to a single patient per grower, and the government's requirement that those who cannot grow their own use the cannabis provided by the government's contractor. The court's decision opens up the possibility of a more efficient dispensary model, such as California's.

Federal Court strikes down regulation limiting growers of medical marijuana
Canadian Press
Canadians who are prescribed marijuana to treat their illnesses will no longer be forced to rely on the federal government as a supplier following a Federal Court ruling that struck down a key restriction in Ottawa's controversial medical marijuana program.

Canada court rejects supply limit on medical pot
Canadian Press
A Federal Court judge has struck down a government regulation that prevents medical marijuana growers from producing the drug for more than one patient.

IMPLEMENTATION: Cultivation Quantities Disputed

The number of plants patients are legally entitled to grow has been a source of contention in California since medical use was approved by the voters. Californians had the wisdom to recognize that the amounts patients would require could vary considerably, so they did not try to mandate medication amounts. Since then, law enforcement, courts, local officials and even municipal referenda have tried to establish limits, but the law is clear in its silence on the subject, and cannot be changed except by another statewide initiative. What the legislature and local entities can do, is provide guidance on the levels at which law enforcement can decline to investigate further or refer matters to the courts for decision.

Medical pot users arrested
by Stacia Glenn, San Bernardino Sun (CA)
JoAnn Cates, who has 16 great-grandchildren, seems an unlikely candidate to be handcuffed and hauled off to jail for growing a marijuana crop in her backyard.

Pro-pot measure returns to ballot
Press-Democrat (CA)
A landmark 2000 Mendocino County marijuana measure will be back before voters in the June primary, a move taken Tuesday by the Board of Supervisors after a contentious three-hour public hearing.

ASA’s Medical Marijuana in the News: 1/5/08

ASA ACTION: City of San Diego Sides with ASA on Patient Rights

When officials from three counties tried to opt out of California’s requirement that they issue medical marijuana patients ID cards, ASA’s legal team took action. ASA Chief Counsel Joe Elford appeared in court on behalf of a coalition of advocacy groups to argue that state law must be respected, and won. San Diego County was alone in deciding to appeal the ruling, and now the city of San Diego has filed a brief arguing in favor of patients.

City files amicus brief for medical ID cards
by Jeff McDonald, San Diego Union Tribune
In the legal tug of war between the county and state over medical marijuana, the city of San Diego has sided with Sacramento – and voters.

County Wants Relief of Duty Providing ID Cards for Medical Marijuana Users
Fox 6 San Diego
The city of San Diego has taken the state's side against San Diego county in a battle about medical marijuana use, according to court documents.

County, City At Odds Over Medical Marijuana
NBC San Diego
The city of San Diego joined the fight in support of medicinal marijuana Friday, issuing a request to the state court to confirm that ailing patients have the right to use the drug for medicinal purposes.

MONTANA: Corrections Officials Try to Block Access

Medical care for Montanans under state supervision would be limited if corrections officials get their way. But there is substantial opposition to the plan, which would eliminate access to the state’s medical marijuana program for those on parole or probation.

Medical Pot Ban Sought for Parolees
by Mattt Gouras, Associated Press
Montana's Department of Corrections is facing stiff resistance to a proposal to prohibit all people on parole or probation from obtaining medical marijuana.

Medical Marijuana - No medicine for parolees
by Patrick Duganz , Missoula News (MT)
Convicts on parole or probation in Montana currently have the same rights as anybody else to use medical marijuana as prescribed by a physician, but the Montana Department of Corrections (DOC) wants to alter this policy because of a perception that parolees are “doctor shopping” for the legal medication.

A Holiday Surprise & Victory for Medical Marijuana!

[Courtesy of Americans for Safe Access] 

Last week, House Judiciary Committee Chair, Rep. Conyers (D-MI) pledged to investigate the DEA’s recent and ongoing tactics threatening the safety and security of state-sanctioned patients, providers, and innocent third-party landlords. Chairman Conyers’ commitment to question DEA attacks on medical marijuana states has brought holiday cheer to medical marijuana patients and supporters. Please thank Chairman Conyers, and his staff, today!

Click here to thank Chairman Conyers right now! Chairman Conyers needs to know you support and appreciate his decision to hold oversight hearings. Be sure to thank him and tell him that as a patient and/or medical marijuana supporter, you look forward to working with him and his dedicated staff as they prepare for the oversight hearing.
Visit www.AmericansforSafeAccess.org/ThankYouRepConyers to send a short message.

Since the DEA began raiding medical cannabis dispensing collectives in 2002, Congress has never held a hearing to investigate the goal of these raids, how much these raids are costing taxpayers in both dollars and precious resources, or what impact these raids are having on patients and the state and local governments attempting to regulate the distribution of medical marijuana in accordance with state law. A House oversight investigation is an important and significant opportunity for the medical marijuana community. Please thank Chairman Conyers today. Click here to send a message.

Thank you for your commitment to safe access.

Sincerely,

Sonnet Seeborg Gabbard
Field Coordinator
Americans for Safe Access

December Cannabinoid Chronicles Newsletter Available Online

[Courtesy of Vancouver Island Compassion Society] The December issue of Cannabinoid Chronicles is online and available for viewing at: http://www.thevics.com/publications/vol5/VICSNews5_4.pdf Some stories: Constitutional Challenge Hits Bump Loosen Medical Cannabis Rules, Lawyers Argue Ontario Court Ruling Challenges Cannabis Prohibition Comments on Swiss Study (Cannabis and Adolescents) Drug Disposal 101 IACM Bulletin Enjoy, Robin at the VICS

Press Release: Day After Lawsuit Filed Against DEA, U.S. Congress Decides To Question Agency

[Courtesy of Union of Medical Marijuana Providers] One day after the Union of Medical Marijuana Providers filed a lawsuit in the United States District Court, Central District of California (case CV07-07951) challenging the DEA's tactic of sending threatening letters to hundreds of owners of Commercial Property who rent to Marijuana Providers, the House Judiciary Committee will question the agency about the practice. Los Angeles, CA (PRWEB) December 10, 2007 -- The DEA, who has declared war on California's Medical Marijuana Law, began the draconian tactic of sending letters to Commercial Property owners who rent to legally authorized Medical Marijuana Providers this summer. In the letter, the DEA informed the owners of these properties that if they continue to rent to dispensaries they may face federal prosecution which could result in a possible prison sentence for up to 20 years as well as seizure of their property. The Union of Medical Marijuana Providers which was formed in part, as a direct result of the DEA's letter writing campaign, as well as L.A.'s Arts District Healing Center, have been aggressively litigating this issue in both state and federal court for the past several months (state case in Los Angeles Superior Court, case 07K21837). Just yesterday, December 6, 2007 they filed a lawsuit in the U.S. District Court, Central District, which requested that the Court issue an injunction stopping the DEA from continuing to send these letters. "When I saw Representative Conyers statement regarding the DEA's abuse of their power in order to thwart California's law, I knew that our legal efforts were beginning to pay off," said James Shaw, Executive Director of the Union. "The DEA has alienated too many citizens with their heavy-handed 'above the law tactics' for too long. We welcome all the support we can find in our efforts to ensure our rights are protected." Steven Schectman, the Union's chief counsel said he has contacted Representative Conyers office today in order to provide his staff copies of the litigation that was filed in both state and Federal Court. "I am hopeful we can support the Judiciary Committee in any way possible. As a result of our research and investigation of the DEA's threatening letter campaign, in preparation of our litigation, we have become the most knowledgeable group, outside the DEA, who best understands the scope and import of their tactics. We are here to help." The Union of Medical Marijuana Providers (UMMP) is a legal advocacy group based in Los Angeles, California. The Union's membership comprises legally compliant cooperatives, collectives, and caregiver groups throughout the State of California. UMMP was founded in 2007 to address the shared concerns of legally compliant medical marijuana patient groups.

Press Release: Medical Marijuana Law Needs Fixing

[Courtesy of Iowans for Medical Marijuana]

FOR IMMEDIATE RELEASE: December 8, 2007

CONTACT: Carl Olsen Iowans for Medical Marijuana (515) 288-5798

Dear Governor Richardson,

In your press release dated August 17, 2007, you vowed to fight the federal intimidation efforts, and use every state resource to fully implement the state law making medical marijuana legal for the most seriously ill patients. We think it is inconsistent that New Mexico state law continues to classify marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-5(A)(2) (2007), with no accepted medical use in treatment in the United States.

Although federal law currently classifies marijuana as a schedule I controlled substance with no accepted medical use in treatment in the United States, the actual determination of whether marijuana has accepted medical use is specifically reserved to the states under the federal Controlled Substances Act of 1970 (CSA) (21 U.S.C. §§ 801 et seq.). This is clear from the recent decision by the United States Supreme Court in Gonzales v. Oregon, 546 U.S. 243 (2006).

Gonzales v. Oregon, 546 U.S. 243, 250 (2006) (referring to 21 U.S.C. § 903):

"No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates . . . to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision . . . and that State law so that the two cannot consistently stand together." § 903.

Gonzales v. Oregon, 546 U.S. 243, 269-270 (2006):

In deciding whether the CSA can be read as prohibiting physician-assisted suicide, we look to the statute's text and design. The statute and our case law amply support the conclusion that Congress regulates medical practice insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing and trafficking as conventionally understood. Beyond this, however, the statute manifests no intent to regulate the practice of medicine generally. The silence is understandable given the structure and limitations of federalism, which allow the States "great latitude under their police powers to legislate as to the protection of the lives, limbs, health, comfort, and quiet of all persons." (Citations omitted).

United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483, 492 (2001):

The Attorney General can include a drug in schedule I only if the drug "has no currently accepted medical use in treatment in the United States," "has a high potential for abuse," and has "a lack of accepted safety for use . . . under medical supervision." §§ 812(b)(1)(A)-(C). Under the statute, the Attorney General could not put marijuana into schedule I if marijuana had any accepted medical use.

Although New Mexico Senate Bill 523, effective July 1, 2007, now includes marijuana in both schedule I and schedule II of New Mexico's state version of the Uniform Controlled Substances Act, the question that we have for New Mexico is why New Mexico's version of the Uniform Controlled Substances Act continues to list marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-6 (2007), which has "no accepted medical use in treatment in the United States", N.M. Stat. Ann. § 30-31-5 (2007). Under both New Mexico and federal law, the criteria for placing a substance in schedule I is "no accepted medical use in treatment in the United States".

We fear that this inconsistency is going to cause problems for patients in New Mexico who are attempting to comply with the Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. § 30-31C-1 (2007), as amended by New Mexico Senate Bill 523, effective July 1, 2007.

Carl Olsen, George McMahon, Barbara Douglass

Directors of Iowans for Medical Marijuana (http://www.iowamedicalmarijuana.org/)

Members of the Board for Patients Out of Time (http://www.medicalcannabis.com/)

Petitioners in The Federal Marijuana Rescheduling Petition (http://www.drugscience.org/)

ASA: Judiciary Committee Chairman Conyers Opposes DEA Tactics

[Courtesy of Americans for Safe Access] Judiciary Committee Chairman Conyers Opposes DEA Tactics Pledges to Question DEA During Oversight Hearings Dear Friend, As many of you know, DEA recently launched an entirely new tactic in their continued efforts to undermine the effective implementation of medical marijuana laws in California. They have sent hundreds of letters threatening prosecution and asset forfeiture against property owners who rent to legal medical cannabis collectives – a strategy that could have ramifications for medical marijuana programs nationwide. ASA Government Affairs Director Caren Woodson has been talking to House Judiciary Committee Chairman John Conyers’ (D-MI) staff and other Democratic leadership to encourage them to oppose these tactics and stand up for patients in states where medical cannabis is legal. Today, Chairman Conyers issued at a statement saying: “I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts.” In conjunction with more than fifty raids at medical cannabis collectives in California this year, the asset forfeiture threats against property owners represent the most serious challenge to patients’ access in the United States today. Conyers’ support signals the first significant Congressional opposition to the DEA’s attempted end run around voters and state lawmakers. ASA welcomes this statement and we look forward to working with Chairman Conyers to finally end DEA interference in state medical marijuana laws. Congratulations to the hundreds of ASA members who helped put grassroots strength behind our work! Keep your eyes open for an Action Alert next week to put even more support behind Conyers’ initiative, and visit www.AmericansForSafeAccess.org/Donate to make a contribution to support our effective advocacy today. Thank you, Steph Sherer Executive Director Americans for Safe Access -------------------------------------------------------------------------------- Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Americans for Safe Access: December 2007 Activist Newsletter

Victory for Patients' Right to Return of Marijuana

Appeals Court Says Police Must Give Back Property Despite Federal Law

ASA's legal team won another huge victory when a California appeals court said police must return marijuana seized from qualified patients. The November 28th ruling in favor of Felix Kha, a medical marijuana patient from Garden Grove, means police must return the eight grams of medical marijuana they took from him in a June 2005 traffic stop.

The rally at the governor's office ASA Chief Counsel Joe Elford

Attorneys for the police claimed that they should not have to since federal law prohibits possession of marijuana, even for medical use. But a three-justice panel from the state's Fourth Appellate District unanimously rejected that claim, saying "it is not the job of the local police to enforce the federal drug laws."

"California law enforcement is now on notice that they cannot seize and keep the medicine of seriously ill patients," said ASA Chief Counsel Joe Elford, who represented Kha. "The court has ensured that patients have a way to get their cannabis back."

The ruling was more than two years in the making. After a marijuana possession charge against Kha was dismissed in August 2005 because he had a valid doctor's recommendation, an Orange County Superior Court judge ordered the return of his medicine. But the City of Garden Grove refused and appealed the order.

The issue was ripe for review, as state courts have split on the issue previously. The question found the California Attorney General and the California Police Chiefs Association on opposite sides. Both filed "friend of the court" briefs in the case on opposite sides of the issue, with the state Attorney General in support of Kha.

In analyzing reports from nearly 800 patient encounters with local or state police in 53 of California's 58 counties, ASA found that more than 90% resulted in medicine seizure by police, regardless of probable cause.

The court's ruling also affirms a 2005 policy change by the California Highway Patrol (CHP). CHP abandoned its policy of mandatory seizure of medical marijuana after a court challenge from ASA.

"Both today's court ruling and the new CHP policy go a long way toward restoring patients' rights in California," said Elford.

For further information, refer to:
Decision by the California Fourth Appellate District Court
Background on Felix Kha's return of property case

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.

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).
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