Mrs.Z
12-24-2007, 08:35 PM
Weekly Round Up
________________________________________
1. a. ASA Files New Arguments in San Diego Case
b. DEA Raids Los Angeles Dispensary
c. Special Announcement: Tom Kikuchi has Moved to a Different Facility
a. ASA Files New Arguments in San Diego Case
This week, patients throughout California along with the city of San Diego filed a brief incorporating two new legal arguments that oppose San Diego County's attempt to defy and overturn California state law. Representing the medical marijuana patients of California, ASA's Chief Counsel, Joe Elford filed the brief with the intent to highlight the recent California Court of Appeals decision in Kha vs. Garden Grove, which was released in late November of this year. San Diego County is awaiting a decision in their appeal, which was filed in early February.
San Diego County filed a lawsuit in February 2006 challenging the state requirement to implement an identification card program for qualified medical marijuana patients and their primary caregivers. In December 2006, San Diego Superior Court Judge William Nevitt, Jr. ruled that there is no "positive conflict" between federal and state law, affirming the sovereignty of state law. The Counties of San Diego and San Bernardino appealed in February.
ASA and the City of San Diego filed the amicus, "friend of the court," brief citing the Kha decision. Since San Diego County's main legal argument is that federal law preempts state law, incorporating the Kha decision in this recent brief has the potential to have an major impact in the lawsuit. The California's Fourth Appellate District, which heard the Kha case, is the same appellate court that will hear this case. In the November 28th ruling in City of Garden Grove v. Superior Court of Orange County, the court held that state law was neither "preempted" nor "superseded" and stated further that, "it is not the job of the local police to enforce the federal drug laws..."
Read ASA's press release about the brief here.
b. DEA Raids Los Angeles Dispensary
Herbal Nutrition Center in Los Angeles was raided yesterday afternoon by DEA agents. The collective was ransacked by agents, but no one was arrested. DEA agents seized medicine and vandalized displays and the collective's surveillance system. As a result of the raid and the upcoming holidays the collective will be re-opening it's doors on January 2, 2008. Thank you to all that came out to show your support. If you haven't signed up for ASA's raid alert text messaging system, do so today at: www.AmericansforSafeAccess.org/RaidAlert
Read a report about the raid from the collective's operator on ASA's forums at: http://www.safeaccessnow.org/punbb/viewtopic.php?id=642
c. Special Announcement: Tom Kikuchi has Moved to a Different Facility
ASA has been alerted that recently convicted Tom Kikuchi has been moved has been taken from Dyer Detention Center. Sarah Armstrong, longtime supporter and caretaker for victims of the war on medical marijuana reports that, "he feels this is a temporary situation, and that he will soon be shipped away to somewhere else, they will not tell him where." Sarah has also reported that Tom has asked that people hold up on cards and letters until he can ascertain how long he will be at this federal facility. ASA will keep you updated as news comes in.
Tom Kikuchi, co-defendant along with Stephanie Landa and Kevin Gage, was sentenced only a few weeks ago to two years in a federal prison for violating the conditions of his federal supervised release. Read Vanessa Nelson's article(s) on Tom Kikuchi at: http://www.medicalmarijuanaofamerica.com/content/view/166/111/
ASA SF ACTION ALERT: MAYOR NEWSOM MUST TAKE ACTION NOW!
Last night, ABC Channel 7 news ran a lead story on the DEA letters sent to landlords of dispensaries in San Francisco. This is an exerpt from that story:
Newsom would not comment on the DEA's letter writing tactics."If you give me an opportunity to read them, I'll be happy to respond," said San Francisco Mayor Gavin Newsom. ABC7's Carolyn Tyler: "I've got a letter right here with me."San Francisco Mayor Gavin Newsom: "I will take the time to read it at an appropriate
place."
To see the full story, click here.
We can now assume that Newsom has had time to read the letter. The patients and providers of San Francisco deserve an answer now!
WHAT YOU CAN DO
Call, Write, Email or Fax Mayor Gavin Newsom!
Telephone: (415) 554-6141
Fax: (415) 554-6160
Email: gavin.newsom@sfgov.org
ASA SF ACTION ALERT: KEEP THE DEA OUT OF CALIFORNIA!
Call, Email and fax Gavin Newsom’s Office
The DEA's 6-month old surge against medical cannabis in California continues to ramp up. Two weeks ago the SF DEA office "leaked" to Mattier and Ross at the SF Chronicle that they would send forfeiture threat letters to the landlords of all the MCDs in northern California. This tactic has worked for them successfully in southern California where dozens of MCDs closed over the summer after the DEA threatened their landlords with the loss of their property--and even jail time!
San Francisco has 28 dispensaries going through the permit process. So far, 9 dispensaries in SF have reported receiving the letter. By the end of this week, we expect that all Bay Area MCDs will be under threat of eviction.
Rep. Conyers as the House Judiciary Comm. Chair responded in Washington, DC last Friday night with this statement:
“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.”
http://judiciary.house.gov/newscenter.aspx?A=889
This is no longer just about getting the same supporters to speak up. It's about a coordinated response to this latest attempt to destroy what has been created in San Francisco and California: safe access to medicine--the best choice medicine for many seriously ill Californians.
Americans for Safe Access, Marijuana Policy Project, California NORML, and the Drug Policy Alliance are working on a coalition to make the best impact and stop the deterioration of safe access across the state. All of these organization work both nationally and locally--all have web pages that you can check as resources. There are other organizations working also outside the coalition.
Our immediate goal is to have Mayor Gavin Newsom take a public stand supporting medical cannabis and Rep. Conyers, and opposing the DEA's gross intimidation tactics and its overall surge (over 50 MCDs raided this year--more than three times last year's total).
WHAT YOU CAN DO
Call Email or Fax Mayor Gavin Newsom!
Telephone: (415) 554-6141
Fax: (415) 554-6160
Email: gavin.newsom@sfgov.org
************************************************** ******
Thank you for writing regarding the Bush Administration's request for legislation that would provide liability relief for telecommunications companies that are alleged to have provided assistance to the National Security Agency after September 11, 2001. I appreciate your thoughts on this topic, and welcome the opportunity to respond.
The Senate Intelligence Committee approved a bill on October 18th amending the Foreign Intelligence Surveillance Act of 1978 (FISA) by a vote of 13-2. That bill, among many provisions, would provide immunity for such companies if they were specifically requested or directed to provide assistance to the government.
The Intelligence Committee's report on the bill includes declassified text stating that the Executive branch provided letters to electronic communication service providers at regular intervals. These letters all directed or requested assistance and noted that the assistance was authorized by the President and was legal. The Committee's report can be found at http://intelligence.senate.gov/071025/report.pdf.
I voted for the FISA legislation that passed out of the Intelligence Committee by a bipartisan vote of 13-2. The Senate Judiciary Committee did not take action on the portions of the bill dealing with immunity. The bill is now scheduled to go to the Senate floor. I am keeping an open mind to whether some other legislative approach besides immunity would be best.
Rest assured that I will make every effort to ensure that new FISA legislation will protect the privacy rights of all Americans without restricting the intelligence community's ability to protect us from attack.
Again, thank you for writing. I hope that you will continue to write on matters of importance to you. Should you have any further comments or questions, please feel free to contact my Washington, D.C. office at (202) 224-3841. Best regards.
________________________________________
________________________________________
1. a. ASA Files New Arguments in San Diego Case
b. DEA Raids Los Angeles Dispensary
c. Special Announcement: Tom Kikuchi has Moved to a Different Facility
a. ASA Files New Arguments in San Diego Case
This week, patients throughout California along with the city of San Diego filed a brief incorporating two new legal arguments that oppose San Diego County's attempt to defy and overturn California state law. Representing the medical marijuana patients of California, ASA's Chief Counsel, Joe Elford filed the brief with the intent to highlight the recent California Court of Appeals decision in Kha vs. Garden Grove, which was released in late November of this year. San Diego County is awaiting a decision in their appeal, which was filed in early February.
San Diego County filed a lawsuit in February 2006 challenging the state requirement to implement an identification card program for qualified medical marijuana patients and their primary caregivers. In December 2006, San Diego Superior Court Judge William Nevitt, Jr. ruled that there is no "positive conflict" between federal and state law, affirming the sovereignty of state law. The Counties of San Diego and San Bernardino appealed in February.
ASA and the City of San Diego filed the amicus, "friend of the court," brief citing the Kha decision. Since San Diego County's main legal argument is that federal law preempts state law, incorporating the Kha decision in this recent brief has the potential to have an major impact in the lawsuit. The California's Fourth Appellate District, which heard the Kha case, is the same appellate court that will hear this case. In the November 28th ruling in City of Garden Grove v. Superior Court of Orange County, the court held that state law was neither "preempted" nor "superseded" and stated further that, "it is not the job of the local police to enforce the federal drug laws..."
Read ASA's press release about the brief here.
b. DEA Raids Los Angeles Dispensary
Herbal Nutrition Center in Los Angeles was raided yesterday afternoon by DEA agents. The collective was ransacked by agents, but no one was arrested. DEA agents seized medicine and vandalized displays and the collective's surveillance system. As a result of the raid and the upcoming holidays the collective will be re-opening it's doors on January 2, 2008. Thank you to all that came out to show your support. If you haven't signed up for ASA's raid alert text messaging system, do so today at: www.AmericansforSafeAccess.org/RaidAlert
Read a report about the raid from the collective's operator on ASA's forums at: http://www.safeaccessnow.org/punbb/viewtopic.php?id=642
c. Special Announcement: Tom Kikuchi has Moved to a Different Facility
ASA has been alerted that recently convicted Tom Kikuchi has been moved has been taken from Dyer Detention Center. Sarah Armstrong, longtime supporter and caretaker for victims of the war on medical marijuana reports that, "he feels this is a temporary situation, and that he will soon be shipped away to somewhere else, they will not tell him where." Sarah has also reported that Tom has asked that people hold up on cards and letters until he can ascertain how long he will be at this federal facility. ASA will keep you updated as news comes in.
Tom Kikuchi, co-defendant along with Stephanie Landa and Kevin Gage, was sentenced only a few weeks ago to two years in a federal prison for violating the conditions of his federal supervised release. Read Vanessa Nelson's article(s) on Tom Kikuchi at: http://www.medicalmarijuanaofamerica.com/content/view/166/111/
ASA SF ACTION ALERT: MAYOR NEWSOM MUST TAKE ACTION NOW!
Last night, ABC Channel 7 news ran a lead story on the DEA letters sent to landlords of dispensaries in San Francisco. This is an exerpt from that story:
Newsom would not comment on the DEA's letter writing tactics."If you give me an opportunity to read them, I'll be happy to respond," said San Francisco Mayor Gavin Newsom. ABC7's Carolyn Tyler: "I've got a letter right here with me."San Francisco Mayor Gavin Newsom: "I will take the time to read it at an appropriate
place."
To see the full story, click here.
We can now assume that Newsom has had time to read the letter. The patients and providers of San Francisco deserve an answer now!
WHAT YOU CAN DO
Call, Write, Email or Fax Mayor Gavin Newsom!
Telephone: (415) 554-6141
Fax: (415) 554-6160
Email: gavin.newsom@sfgov.org
ASA SF ACTION ALERT: KEEP THE DEA OUT OF CALIFORNIA!
Call, Email and fax Gavin Newsom’s Office
The DEA's 6-month old surge against medical cannabis in California continues to ramp up. Two weeks ago the SF DEA office "leaked" to Mattier and Ross at the SF Chronicle that they would send forfeiture threat letters to the landlords of all the MCDs in northern California. This tactic has worked for them successfully in southern California where dozens of MCDs closed over the summer after the DEA threatened their landlords with the loss of their property--and even jail time!
San Francisco has 28 dispensaries going through the permit process. So far, 9 dispensaries in SF have reported receiving the letter. By the end of this week, we expect that all Bay Area MCDs will be under threat of eviction.
Rep. Conyers as the House Judiciary Comm. Chair responded in Washington, DC last Friday night with this statement:
“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.”
http://judiciary.house.gov/newscenter.aspx?A=889
This is no longer just about getting the same supporters to speak up. It's about a coordinated response to this latest attempt to destroy what has been created in San Francisco and California: safe access to medicine--the best choice medicine for many seriously ill Californians.
Americans for Safe Access, Marijuana Policy Project, California NORML, and the Drug Policy Alliance are working on a coalition to make the best impact and stop the deterioration of safe access across the state. All of these organization work both nationally and locally--all have web pages that you can check as resources. There are other organizations working also outside the coalition.
Our immediate goal is to have Mayor Gavin Newsom take a public stand supporting medical cannabis and Rep. Conyers, and opposing the DEA's gross intimidation tactics and its overall surge (over 50 MCDs raided this year--more than three times last year's total).
WHAT YOU CAN DO
Call Email or Fax Mayor Gavin Newsom!
Telephone: (415) 554-6141
Fax: (415) 554-6160
Email: gavin.newsom@sfgov.org
************************************************** ******
Thank you for writing regarding the Bush Administration's request for legislation that would provide liability relief for telecommunications companies that are alleged to have provided assistance to the National Security Agency after September 11, 2001. I appreciate your thoughts on this topic, and welcome the opportunity to respond.
The Senate Intelligence Committee approved a bill on October 18th amending the Foreign Intelligence Surveillance Act of 1978 (FISA) by a vote of 13-2. That bill, among many provisions, would provide immunity for such companies if they were specifically requested or directed to provide assistance to the government.
The Intelligence Committee's report on the bill includes declassified text stating that the Executive branch provided letters to electronic communication service providers at regular intervals. These letters all directed or requested assistance and noted that the assistance was authorized by the President and was legal. The Committee's report can be found at http://intelligence.senate.gov/071025/report.pdf.
I voted for the FISA legislation that passed out of the Intelligence Committee by a bipartisan vote of 13-2. The Senate Judiciary Committee did not take action on the portions of the bill dealing with immunity. The bill is now scheduled to go to the Senate floor. I am keeping an open mind to whether some other legislative approach besides immunity would be best.
Rest assured that I will make every effort to ensure that new FISA legislation will protect the privacy rights of all Americans without restricting the intelligence community's ability to protect us from attack.
Again, thank you for writing. I hope that you will continue to write on matters of importance to you. Should you have any further comments or questions, please feel free to contact my Washington, D.C. office at (202) 224-3841. Best regards.
________________________________________