steve llamb: 2 more photos of la women’s cannabis rally (8-15)

kearns moderates la-weho townhall meet med cannabis update & dinner 8-30

chers---

on thursday night, august 30 i will be moderating a townhall meeting in plummer park, rooms 5 and 6. there will be a light dinner and gelato tasting (gelato from the “farmacy”™) and then a panel discussion and open forum updating non-patients on the current state of medical cannabis in los angeles, as we see it. five speakers, then public comment & dialog. dinner starts at 6:00. discussion starts at 6:30. am still waiting to hear back about all speakers and anticipate a press release monday. also jeff prang’s weho newsletter will announce the meeting to residents.

this is a place to catch up our voting non-patient allies with the roller coaster ride of events we’ve been going through (like you could figure out what was happening just by following the la times’ non-coverage). i want to focus on our activities as a social justice movement in the context of across-the-board national and international problems of ideology vs. science. i want us to take a look at the issue of state vs. federal jurisdiction in matters of grassroots social change. we will record and transcribe the comments and discussion as “resource” material for other neighborhood meetings throughout la county.

the meeting is sponsored by a coalition representing ten dispensaries inside and just outside the city limits of west hollywood. we have support from pan and asa, wamc and are waiting to confirm a positive & cordial response from glaca. we need your support too, each person who reads this. i am very excited about this effort to work with our stakeholding non-patient citizen allies.

while i’m too tired to be at the asa meeting today, i do anticipate being at the cannabis & coffee meeting tomorrow morning (8-19) at 11 at lapcg. i’d be happy to talk with you about it if you want to stop by. also, i am looking for patients interested in learning how to blog for http://cannabispatientvoice.blogspot.com , which has been off to a good start. right now there is a jpeg posted at the site you can use for flyers for the townhall meeting. contact me rk@aids-write.org for 4-up and 10-up jpegs to print out your own flyers. watch for announcements at cpvoice. i also anticipate an informal poetry reading sunday afternoon around 5pm at galaxy gallery. will probably have a draft of the poem i will be reading to the west hollywood city council monday night, august 20 at 6:30pm. show up at the weho park auditorium, on san vicente between santa monica & melrose, at 6 to sign up for public comments yourself.

hope this post finds you well and safe.

namasté

richard kearns

rk@aids-write.org

310-488-1328

degé coutee calls for volunteers at noho medical cannabis patient advocacy center

Greetings Patient Advocates –

The Patient Advocacy Center is ours for at least another 6 weeks, maybe longer and there is a lot of work to do. We need volunteers to help run the Center and be here as a resource for patients during this critical time. We can maintain the hours we want and need!

The Center is located at 10652 Magnolia Blvd., North Hollywood. I am available tomorrow, Friday from 1 – 6 p.m. and Saturday from 2 – 5 p.m.

Please stop in and get involved! We hope to open with our full-time schedule by Monday. We need you to help make that happen. Hope to see you tomorrow or Saturday.

Truly,

Degé
Patient Advocacy Network
323/334-5282

richard kearns --- an echoing of boos: 6 photos from women's medical cannabis rally

don duncan: la city council grills lapd

Los Angeles City Councilmember Janice Hahn and her colleagues posed pointed questions wednesday about the police department's involvement in last month's DEA raids at medical cannabis facilities to LAPD Commander Donne, who appeared in lieu of Chief Bratton at a City Council hearing today. Representatives from Americans for Safe Access (ASA) and other advocates have complained about the LAPD cooperation with the DEA, especially the appearance of LAPD Detective Dennis Packer in a DEA uniform during the raid at California Patients Group (CPG) in Hollywood. Packer, an asset forfeiture specialist on a LAPD/DEA task force, later signed warrants seizing bank accounts from CPG and affiliated collectives in West Hollywood and Berkeley.

Commander Donne’s assertion that only collectives that were problematic were targeted on July 25 drew an angry outburst from advocates in the audience. Donne’s brief comments caused several verbal outbursts from a crowd of almost 100 advocates, some of who were members or operators of closed collectives. Donne told the City Council that the LAPD works closely with many other law enforcement agencies and has approximately 20 officers who are also deputized as DEA agents. He explained that Detective Packer, who has been present at a majority of DEA raids in the city, worked with the DEA “when asset forfeiture is appropriate.” Donne repeated allegations from yesterday’s Police Commission meeting, saying that targeted collectives were associated with organized crime, gang activity, and profiteering. Councilmember Hahn drew loud applause when she told Donne that it was not his job to decide how much money a collective should be making.

Councilmember William Rosendahl complained that the LAPD report was incomplete and worried that collectives that comply with registration requirements in the city’s newly adopted moratorium may also be targeted. The City Council approved a motion by Councilmember Dennis Zine calling on the LAPD and City Attorney to report back to the Public Safety Commission about the impact of policies refusing non-cooperation with DEA raids in other cities. ASA’ LA County Field Coordinator Chris Fusco is working with City Council staff to develop a resolution of non-cooperation. If adopted, the resolution will set an important precedent for cities statewide and become an important component of ASA’s work to get state officials to stand behind patients and providers in California.

Today’s meeting was a bitter-sweet victory for advocates, who are seeing the results of two years of effective advocacy while feeling the heat of the DEA latest crack down on medical cannabis. Advocates complain that some of the most compassionate and reputable collectives in the city have been closed already. They also mistrust Donne’s claim that the LAPD would not target collectives that comply with the terms of the new moratorium or upcoming regulations. Advocates believe that the LAPD and DEA routinely cooperate and are determined to close all of LA’s collectives.

One silver lining of the DEA attacks in Los Angeles is that it has re-galvanized the community. Medical cannabis advocates with ASA and other groups are vowing to escalate their opposition to DEA tactics like targeting landlords, raiding collectives, and seizing assets. Five protesters were arrested blocking the DEA exit at CPG on July 25. Dozens of others engaged in a stand-off with LAPD officers who repeatedly try to push protester back from the scene – sometimes aggressively. This spirit of defiance was visible at today’s City Council meeting when advocates spoke... and shouted. Afterwards, small groups convened impromptu meetings in the hallways to plan next steps. Two City Council Members even joined us to offer input. LA ASA members are organizing affinity groups for non-violent civil disobedience training right now. It is remarkable to see how active and motivated the community of advocates have become in LA. Two years ago, ASA started training spokespeople, educating the community, and lobbying elected officials. It is so great to see those efforts paying off.

We need the participation of every advocate to fight back in LA. The nest LA ASA meeting will be at 1:00 PM on Saturday, August 18, at the Patients ID Center located at 470 S. San Vicente Blvd., between Wilshire Blvd. and 3rd St. Visit http://www.ASAaction.org

__________________
Don Duncan
Southern California Coordinator
Americans for Safe Access
www.AmericansForSafeAccess.org <http://www.americansforsafeaccess.org/>

Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Join us today….www.AmericansforSafeAccessNow.org
Los Angeles Office
7211 Santa Monica Blvd., Suite 800
West Hollywood, CA 90046

chris conrad: texts of prop 215, ca sb 420, & other medical cannabis documents

click here for chris’ linkpage

California's Proposition 215 was the first statewide medical marijuana initiative to pass in the USA (1996).
• Text of Prop 215 (Cal HS 11362.5)
• Text and analysis of SB 420 (Cal HS 11362.7)
• Text of other selected California marijuana laws
• Mower Decision: Medical marijuana Burden of Proof is on prosecution
• Trippet Decision: Amounts reasonably related to need
• Peron Decision: Medical marijuana caregivers can be compensated
• Demurrer to dismiss charges, Penal Code 1002-1008
• Local Guidelines by California City or County
• Safe Access Now: Coalition promotes Medical Marijuana Garden Guidelines
• Ballot arguments on Prop 215 / Download as a PDF
• Nevada State Medical Marijuana Law
• Federal Ninth Circuit Conant Decision: Doctors can recommend cannabis
• Federal Supreme Court Raich Decision: States cannot shield patients from federal prosecution


It's still the law. Cannabis (marijuana) was listed in medical texts to treat over 100 different health conditions, prior to its ban in 1937 over the objections of the AMA. Medical use is still allowed under the UN Single Convention Treaty on Narcotic Drugs.


• Text of selected California marijuana laws: Health and Safety Code 11357, 11358, 11359, 11360, 11361, 11362.5, 11362.7, 11362.9, 11366, 11570
• Medical Marijuana: Health and Safety § 11362.5 / Prop 215
• Penal Code 1000: Deferred entry of judgement or diversion from prison
• CA: Diversion for personal cultivation: Williamson Hearing
• CA: Benefits of law change are retroactive
• Court rulings, federal and state
• CA: Medical Marijuana: Burden of Proof is on Prosecution: Mower Decision
• California: Peron decision allows caregivers to be compensated
• Police liable for violating civil rights, can legally return medical marijuana, relevant state / federal laws
• California: Hippie Profiling illegal grounds for car search


Overview of California Marijuana Laws


Expert witness testimony is available for the defense to dispute statements by prosecution experts. If you are unable to afford an expert, the County may be required to pay for this service per Evidence Code §730. Click here to find out more.


Marijuana defined -- "Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination." California Health & Safety Code 11018.


Concentrated cannabis defined -- "Concentrated cannabis means the separated resin, whether crude or purified, obtained from marijuana." Health & Safety Code 11006.5.


Medical marijuana defined -- "Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section." Health & Safety Code 11362.77(d)


Medical marijuana is legal in California for qualified individuals: Medical patients and their designated primary caregivers may legally possess HS 11357 and cultivate HS 11358, but not distribute or sell, marijuana under HS 11362.5 (Prop 215) if they have a physician's recommendation or approval. Leislation that takes effect on January 1, 2004 extends that protection to transportation


Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357.


Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). Possession offenders can avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.


Possession with intent to sell any amount of marijuana is a felony. Health and Safety Code 11359.


Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation. It is possible to win diversion through a Williamson Hearing.


Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360. Transporting or giving away (furnishing) one ounce or less is a misdemeanor punishable by a maximum $100 fine.


Sale or distribution to minors is a felony under Health and Safety Code 11361.


Marijuana paraphernalia is illegal to sell or manufacture, but not possess, under Health and Safety Code 11364. All marijuana paraphernalia is subject to seizure by the police.


Driving suspension for minors: Any minor (age under 21) convicted of a marijuana, alcohol, or other drug offense faces a 12-month drivers license suspension, regardless of whether the offense was driving-related. The court may allow restricted license privileges if the minor demonstrates a "critical need to drive." Vehicle Code 13202.5 . (Note: This penalty can be avoided by entering a diversion program).


Forfeiture: Unlike federal law, California law requires a conviction for forfeiture of property involved in a drug crime. Also unlike federal law, state law does not permit forfeiture of personal real estate for marijuana cultivation. Vehicles may be forfeited only if 10 pounds or more of marijuana is involved. Health and Safety Code 11470.


California Law search full text of codes: www.leginfo.ca.gov/calaw.html


Federal Law: Marijuana is also illegal under the federal Controlled Substances Act. Federal charges are typically brought only in large cases where commercial distribution is suspected (e.g., cultivation of several hundred plants). Text of the Controlled Substances Act.


Analysis provided by California NORML.

steve llamb photos of la women’s cannabis rally where councilwoman janice hahn calls for moratorium on DEA raids in los angeles

from \Leanne Suter's abc report

City Councilwoman Janice Hahn says the DEA is going too far. "I'm calling on the federal government to have a moratorium on these raids.”

from steve hymon's la times report, reprinted at policeone.com

Councilwoman Janice Hahn said the LAPD didn't always follow the federal lead. Over the years, the LAPD has ignored federal immigration laws and chosen not to ask people about their immigration status as a way to build a better relationship with the community, she said.

from rich orloff's la daily news report:

Hahn said she is prepared to call for the LAPD to stop participating in DEA raids or ask the DEA to impose a moratorium on raids.

more of steve's pictures of the rally at images burnside: