llamabox
11-29-2007, 08:07 PM
ASA Victory: The End of Medical Cannabis Seizures in California
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 (http://www.safeaccessnow.org/article.php?id=4412) and the Decision by the California Fourth Appellate District Court. (http://www.courtinfo.ca.gov/opinions/documents/G036250.PDF)
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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.
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 (http://www.safeaccessnow.org/article.php?id=4412) and the Decision by the California Fourth Appellate District Court. (http://www.courtinfo.ca.gov/opinions/documents/G036250.PDF)
--------------------------------------------------------------------------------
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.