Yeah, big surprise, like we didn't know. It's finally official though - San Bernardino will vote to extend their moratorium on Tuesday, June 15 at 1:30 p.m. Exactly what our response should be will be discussed at the Wednesday, June 2 MAPP meeting. I will have some information on outreach with San Bernardino officials, but it is all fairly tentative.
The monthly meeting of MAPP in Riverside is this Wednesday. We got some heavy stuff to discuss including San Bernardino's pending vote to extend their
moratorium on June 15, but we are also going to have a little party as well to
celebrate the rally in Riverside - A Dessert Party.
That's right - we will provide the ice cream and for those so inclined, you can provide some
cookies or cake or pie or whatever - nothing medicated please. The variety of items brought at our last dessert was scrumptious to say the least. As a special treat we will be showing the episode from Showtime's cuttin' edge show Nurse Jackie where Nurse Jackie furnishes medical marijuana to a patient.
In the meeting we will be discussing the rally, San Bernardino's moratorium, the Initiative,
provide a rundown on the candidates that support us in the June 8 elections (there might be a
candidate or two at the meeting - not confirmed yet - after the Zellerbach fiasco, I will always use some kind of wiggle word when talking about candidate's showing up) and the latest update on the Tax and Regulate Initiative.
The MAPP meeting and Desert Party is Wednesday, June 2 at 7:30 p.m. at the THCF Medical Clinic, 647 Main Street in Riverside 92501. Let's celebrate.
Monday, May 31, 2010
RALLY TO SAVE RIVERSIDE COLLECTIVE
From: Lanny Swerdlow
Director, Marijuana Anti Prohibition Project
The Inland Empire Patients Health and Welness Center is the most unique collective in California. With its farmer's market model of distribution, it is one of the most AG compliant collectives in the state. Creating an environment that fosters community building, the Collective occupies a singular presence in the Inland Empire.
The first collective to open in the City of Riverside, it has now been operating for six months with absolutely no problems. A clean track record, however, is of no concern to Riverside city officials. Claiming that providing medicinal marijuana to its member patients violated its zoning ordinance banning marijuana distribution, the City filed a lawsuit on May 20 seeking a temporary restraining order to close the collective labeling it a nuisance.
This is nonsense since state law specifically allows patients to form collectives. It is illegal for the city to ban any activity permitted under state law by zoning those rights out of existence. It can license, regulate and tax, but it cannot ban.
Members of the collective are outraged by this action that imperils their access to medicinal
marijuana safely, reliably and locally. Patients are outraged too by the blatant attack on a
legally operating collective that provides medicinal marijuana to over 5,000 members.
On Tuesday, June 1 at 6:30 p.m. the Collective is holding a rally and speak-out at the
Riverside City Council meeting and is asking other patients and advocates to join them on the
Main Street Plaza immediately in front of Riverside City Hall. There will be speakers, banners, signs, chants and green armbands for all showcasing our right to have access to this legal medicine. Many attending the rally will make a three minute presentation to the City Council during the Public Comment section and you are encouraged to do so as well.
In case you were not aware, I am on the Board of Directors of the Collective. The idea of a
farmer's market was something I came up with one day and somehow it caught fire with people who are considerably better in making things happen than I am and it actually happened. Now that it is here and is working well, we can't let those who oppose medicinal marijuana access for patients take it away.
I do not believe the entire Riverside City Council is against the Collective or even the
majority. As I understand it, the decision to sue was not made by the City Council, but by staff members without consulting all of the city council.
With a decision from the 4th District Court of Appeals that will decide whether cities can ban permitted state activities like medical marijuana collectives about 45 days away, it would only make sense for the city to delay filing the lawsuit until that decision is released. That's another thing we need to tell them and we need you there to tell them with us.
This is going to be one of the most exciting and most empowering rallies we ever had. Members of the collective are fired up - they do not want to lose this very special place. It's going to be one colossal rally and you do not want to miss what is surely going to set a high water mark for medical marijuana rallies in the Inland Empire.
When we went to the Riverside City Hall on October 6, 2009, over 100 patients and advocates
assembled to tell the Council of the plans to open the Collective and the rights of patients
under state law to do so. It was one of the largest groups of concerned citizens to ever turn
out to speak on a single issue at a Riverside City Council meeting. On Tuesday June 1 we are
going to stage an even bigger rally - perhaps the largest medical marijuana rally ever held in the Inland Empire. Join us and make this happen - let's KEEP THE FARMER'S MARKET OPEN.
We will be passing out souvenir green armbands to all who come to the rally, so join patients, advocates, your friends and concerned citizens this Tuesday, June 1 at 6:30 p.m. on the Main Street Pedestrian Mall Plaza in front of Riverside City Hall, 3900 Main Street in downtown Riverside 92522. It will be an evening to remember.
In the meantime, you can also help by making a call to Mayor Loveridge right now at 951-826-5551 and tell him that the lawsuit to close the collective is wrong, Wrong, WRONG and that patients have the right to their medicine safely, reliably and locally.
You can reach His Honor 24/7 and leave a message on his voice-mail. So you can call him right now at 951-826-5551. Please let me know if you did.
Director, Marijuana Anti Prohibition Project
The Inland Empire Patients Health and Welness Center is the most unique collective in California. With its farmer's market model of distribution, it is one of the most AG compliant collectives in the state. Creating an environment that fosters community building, the Collective occupies a singular presence in the Inland Empire.
The first collective to open in the City of Riverside, it has now been operating for six months with absolutely no problems. A clean track record, however, is of no concern to Riverside city officials. Claiming that providing medicinal marijuana to its member patients violated its zoning ordinance banning marijuana distribution, the City filed a lawsuit on May 20 seeking a temporary restraining order to close the collective labeling it a nuisance.
This is nonsense since state law specifically allows patients to form collectives. It is illegal for the city to ban any activity permitted under state law by zoning those rights out of existence. It can license, regulate and tax, but it cannot ban.
Members of the collective are outraged by this action that imperils their access to medicinal
marijuana safely, reliably and locally. Patients are outraged too by the blatant attack on a
legally operating collective that provides medicinal marijuana to over 5,000 members.
On Tuesday, June 1 at 6:30 p.m. the Collective is holding a rally and speak-out at the
Riverside City Council meeting and is asking other patients and advocates to join them on the
Main Street Plaza immediately in front of Riverside City Hall. There will be speakers, banners, signs, chants and green armbands for all showcasing our right to have access to this legal medicine. Many attending the rally will make a three minute presentation to the City Council during the Public Comment section and you are encouraged to do so as well.
In case you were not aware, I am on the Board of Directors of the Collective. The idea of a
farmer's market was something I came up with one day and somehow it caught fire with people who are considerably better in making things happen than I am and it actually happened. Now that it is here and is working well, we can't let those who oppose medicinal marijuana access for patients take it away.
I do not believe the entire Riverside City Council is against the Collective or even the
majority. As I understand it, the decision to sue was not made by the City Council, but by staff members without consulting all of the city council.
With a decision from the 4th District Court of Appeals that will decide whether cities can ban permitted state activities like medical marijuana collectives about 45 days away, it would only make sense for the city to delay filing the lawsuit until that decision is released. That's another thing we need to tell them and we need you there to tell them with us.
This is going to be one of the most exciting and most empowering rallies we ever had. Members of the collective are fired up - they do not want to lose this very special place. It's going to be one colossal rally and you do not want to miss what is surely going to set a high water mark for medical marijuana rallies in the Inland Empire.
When we went to the Riverside City Hall on October 6, 2009, over 100 patients and advocates
assembled to tell the Council of the plans to open the Collective and the rights of patients
under state law to do so. It was one of the largest groups of concerned citizens to ever turn
out to speak on a single issue at a Riverside City Council meeting. On Tuesday June 1 we are
going to stage an even bigger rally - perhaps the largest medical marijuana rally ever held in the Inland Empire. Join us and make this happen - let's KEEP THE FARMER'S MARKET OPEN.
We will be passing out souvenir green armbands to all who come to the rally, so join patients, advocates, your friends and concerned citizens this Tuesday, June 1 at 6:30 p.m. on the Main Street Pedestrian Mall Plaza in front of Riverside City Hall, 3900 Main Street in downtown Riverside 92522. It will be an evening to remember.
In the meantime, you can also help by making a call to Mayor Loveridge right now at 951-826-5551 and tell him that the lawsuit to close the collective is wrong, Wrong, WRONG and that patients have the right to their medicine safely, reliably and locally.
You can reach His Honor 24/7 and leave a message on his voice-mail. So you can call him right now at 951-826-5551. Please let me know if you did.
Sunday, May 23, 2010
Inland Empire's 1st Legal Collective to Open Same Day as San Bernardino Rally
PRESS RELEASE
CONTACT: Lanny Swerdlow at 760-799-2055.
FOR IMMEDIATE RELEASE: May 23, 2010
MARIJUANA ANTI-PROHIBITION PROJECT
AMERICAN HARM REDUCTION ASSOCIATION
Compassion and Common Sense
CONTACT: Lanny Swerdlow at 760-799-2055.
FOR IMMEDIATE RELEASE: May 23, 2010
MARIJUANA ANTI-PROHIBITION PROJECT
AMERICAN HARM REDUCTION ASSOCIATION
Compassion and Common Sense
Patients Rally at San Bernardino Board Meeting to Celebrate Opening of First Legal Collective in Inland Empire and Demand that San Bernardino Do the Same
Inland Empire’s First Licensed Medical Marijuana Collective Opens in Palm Springs Tuesday, May 25 and Patients Rally at San Bernardino County Board Meeting the same day asking Board to enact a similar ordinance and reproach Supervisors Biane and Gonzales for not following through on their personal commitments to do the same
On Tuesday, May 25, Cannahelp will open in Palm Springs as the first legally licensed medical marijuana collective in the Inland Empire. Patients in San Bernardino County will go before the Board of Supervisors that same day to decry the failure of San Bernardino County to enact a similar ordinance.
Inland Empire’s First Licensed Medical Marijuana Collective Opens in Palm Springs Tuesday, May 25 and Patients Rally at San Bernardino County Board Meeting the same day asking Board to enact a similar ordinance and reproach Supervisors Biane and Gonzales for not following through on their personal commitments to do the same
On Tuesday, May 25, Cannahelp will open in Palm Springs as the first legally licensed medical marijuana collective in the Inland Empire. Patients in San Bernardino County will go before the Board of Supervisors that same day to decry the failure of San Bernardino County to enact a similar ordinance.
The medical marijuana collective moratorium enacted by San Bernardino County will expire on June 19 and medical marijuana patients and advocates will return to the San Bernardino Board of Supervisors meeting on Tuesday, May 25 to find out what the Board’s intentions are and why San Bernardino County can’t do what Palm Springs did.
Patients will remind the board of the commitments made to enact a medical marijuana collective ordinance and the inability of the County staff to write one. They will again request information on the six secret meetings held by County staff over the last year. They will especially remind Supervisors Paul Biane and Josie Gonzales of the commitments that they personally made and failed to live up to.
Patients are going to ask again that the county set about drafting and implementing an ordinance to allow for medical marijuana collectives and this time they want a committee to oversee the drafting of an ordinance just like what was done in Palm Springs.
The Patient Rally for Access at the San Bernardino County Board of Supervisors meeting begins at 10 a.m. on Tuesday, May 25. Patients will rally in front of the County Administration Building at 385 N. Arrowhead, San Bernardino where the Board meets with speakers, signs to wave and cheering the cars, trucks and assorted other vehicles that honk in support.. When the public comment section comes up, patients and advocates will go into the Board chamber and make 3 minute presentations asking the Board to do what Palm Springs has done.
Saturday, May 22, 2010
RALLY IN SAN BERNARDINO THIS TUESDAY!
Rally for Access at the San Bernardino Board of Supervisors this Tuesday, May 25
From: Lanny Swerdlow
Director, Marijuana Anti Prohibition Project
On June 19, the moratorium on medical marijuana collectives in San Bernardino County comes to an end. The promised medical marijuana collective ordinance is not going to happen which means San Bernardino County will most likely pass another one year moratorium. The question is what do we do now?
Although jumping up and down and stamping our feet would be cathartic, it would not get much accomplished and we have to deal with the situation now at hand and figure what can be done to actually get a medical marijuana collective ordinance into place once a ban is in place.
The problem last time is that there was no ongoing monitoring of the process that was supposed to be in place to draft an ordinance so when patients finally realized that nothing was being done, there wasn't time left to actually get one written and in place. How do we solve that problem this time?
On May 25 when we go before the Board of Supervisors, in addition to reminding them of their
commitment to implementing state law and passing a mmj collective ordinance, we need to ask that they follow the example of Palm Springs, San Diego and many other cities and counties and establish a committee to oversee the process.
The Palm Springs Medical Marijuana Task Force, of which I was a member, was composed of two representatives from the City Council, the Chief of Police and a Deputy, City Manager, City
Attorney, Planning Staff and representatives from patient organizations and dispensaries. The
meetings were open to the public and it was not unusual to have ten to twenty or more patients at a meeting providing the committee with input and guidance.
It worked and Palm Springs became the first, and so far only, city in the Inland Empire to enact a medical marijuana ordinance allowing for collectives to operate under their zoning laws. In fact, the first licensed collective anywhere in the Inland Empire, Cannahelp, will hold its grand opening the same day as our rally in San Bernardino. (Any one up to carpooling to Palm Springs to celebrate their grand opening after our presentation before the SB Board?)
This is what we need to do on Tuesday, May 25 before the Board - ask them to establish a Medical Marijuana Task Force and charge the Task Force with developing an ordinance and bringing it to the board in as rapid a manner as is consistent with developing a good solid workable ordinance.
Hopefully 3 of the 5 Board members will recognize this as a viable solution and at a subsequent Board meeting, establish the Task Force.
I know this is kind of going hat-in-hand before the Board that has spurned us before, but we
have to be realists and take actions that hold out the promise of obtaining safe, reliable and local access. If we don't do it, who will? Better I should ask, if you don't do it, who will?
Please make the time to join us on Tuesday, May 25 at our rally at the SB Board of Supervisors meeting. Let them know how disappointed you are by the County's inaction and why access is so important to you and other patients. Ask that this time a committee be formed to oversee the process and that patients be on the committee. If you have the time, let them know that you would be willing to serve on this committee.
The Rally for Access at the San Bernardino Board of Supervisors begins at 10 a.m. on Tuesday, May 25. We will rally in front of the County Administration Building where the Board meets. We will have some speakers, signs to wave, cheer as cars, trucks and assorted other vehicles honk in support and time to meet with friends and make new friends. When the public comment section comes up, we will go into the Board chamber and those who would like to make a 3 minute presentation before the Board are strongly encouraged to do so.
The County Administration Building is located at 385 N. Arrowhead in downtown San Bernardino 92415.
If you are interested in making a day of it and car pooling to the Grand Opening of Cannahelp in Palm Springs after the Board meeting, call me at 760-799-2055 and let me know so car pool arrangements can be made.
From: Lanny Swerdlow
Director, Marijuana Anti Prohibition Project
On June 19, the moratorium on medical marijuana collectives in San Bernardino County comes to an end. The promised medical marijuana collective ordinance is not going to happen which means San Bernardino County will most likely pass another one year moratorium. The question is what do we do now?
Although jumping up and down and stamping our feet would be cathartic, it would not get much accomplished and we have to deal with the situation now at hand and figure what can be done to actually get a medical marijuana collective ordinance into place once a ban is in place.
The problem last time is that there was no ongoing monitoring of the process that was supposed to be in place to draft an ordinance so when patients finally realized that nothing was being done, there wasn't time left to actually get one written and in place. How do we solve that problem this time?
On May 25 when we go before the Board of Supervisors, in addition to reminding them of their
commitment to implementing state law and passing a mmj collective ordinance, we need to ask that they follow the example of Palm Springs, San Diego and many other cities and counties and establish a committee to oversee the process.
The Palm Springs Medical Marijuana Task Force, of which I was a member, was composed of two representatives from the City Council, the Chief of Police and a Deputy, City Manager, City
Attorney, Planning Staff and representatives from patient organizations and dispensaries. The
meetings were open to the public and it was not unusual to have ten to twenty or more patients at a meeting providing the committee with input and guidance.
It worked and Palm Springs became the first, and so far only, city in the Inland Empire to enact a medical marijuana ordinance allowing for collectives to operate under their zoning laws. In fact, the first licensed collective anywhere in the Inland Empire, Cannahelp, will hold its grand opening the same day as our rally in San Bernardino. (Any one up to carpooling to Palm Springs to celebrate their grand opening after our presentation before the SB Board?)
This is what we need to do on Tuesday, May 25 before the Board - ask them to establish a Medical Marijuana Task Force and charge the Task Force with developing an ordinance and bringing it to the board in as rapid a manner as is consistent with developing a good solid workable ordinance.
Hopefully 3 of the 5 Board members will recognize this as a viable solution and at a subsequent Board meeting, establish the Task Force.
I know this is kind of going hat-in-hand before the Board that has spurned us before, but we
have to be realists and take actions that hold out the promise of obtaining safe, reliable and local access. If we don't do it, who will? Better I should ask, if you don't do it, who will?
Please make the time to join us on Tuesday, May 25 at our rally at the SB Board of Supervisors meeting. Let them know how disappointed you are by the County's inaction and why access is so important to you and other patients. Ask that this time a committee be formed to oversee the process and that patients be on the committee. If you have the time, let them know that you would be willing to serve on this committee.
The Rally for Access at the San Bernardino Board of Supervisors begins at 10 a.m. on Tuesday, May 25. We will rally in front of the County Administration Building where the Board meets. We will have some speakers, signs to wave, cheer as cars, trucks and assorted other vehicles honk in support and time to meet with friends and make new friends. When the public comment section comes up, we will go into the Board chamber and those who would like to make a 3 minute presentation before the Board are strongly encouraged to do so.
The County Administration Building is located at 385 N. Arrowhead in downtown San Bernardino 92415.
If you are interested in making a day of it and car pooling to the Grand Opening of Cannahelp in Palm Springs after the Board meeting, call me at 760-799-2055 and let me know so car pool arrangements can be made.
RIVERSIDE COLLECTIVE HIT WITH LAWSUIT FROM THE CITY
From: Lanny Swerdlow
Director, Marijuana Anti Prohibition Project
On Thursday afternoon two gentlemen from Riverside County visited my house in White Water and handed me a summons to notify me that I had been named in a lawsuit filed by the city of
Riverside to close down the collective operating in Riverside which the lawsuit listed as the
THCF Health and Wellness Center. I was not surprised that a lawsuit had been filed - what stunned me was that I was the only person named in it.
In the article in the Press Enterprise, it states that Riverside City Attorney Greg "Priamos
said that simply issuing recommendations for medical marijuana isn't a problem, but the city is going after both facilities because officials believe they are one operation, with Swerdlow as the operator."
Obviously someone in Riverside County hasn't done their homework. The clinic and the collective are totally separate with no legal or fiscal connections. The actual work of running the collective is overseen by William Sump. I continued to oversee the operations of the THCF Medical working alongside Dr. Paul Ironside who provides qualified patients with their recommendations.
The lawsuit filed by the city of Riverside does not allege that the collective is doing anything not in compliance with the AG Guidelines. It is only alleging that the collective is violating a city zoning ordinance that bans the operation of "a facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215)." This definition is so overbroad that it arguably bans even cultivation in a patient's private home and certainly a home in which a patient may be growing for other patients.
In any case, violating a zoning ordinance is a civil offense, not a criminal offense. You do not arrest, confiscate and imprison a person for violating a civil ordinance. You serve them a summons like the city of Riverside has done and you duke it out in court and may the party with the best arguments win.
We are not afraid of fighting for patient rights in a civil court - in fact we welcome it as we believe we are legally right and the city is legally wrong and we will win. What concerns us is the possibility of a raid such as collectives have recently experienced in San Bernardino County. I have spoken with one of our attorneys who is of the opinion that this is not likely to happen although he admits that Riverside County DA Rod Pacheco and Riverside City Attorney Priamos move in strange ways.
So what are we going to do?
First off, we are consulting with a number of attorneys as to what this lawsuit is all about and how we should best respond. We will be answering the lawsuit within the 30 days given to us to respond. We will be denying all allegations of violating any ordinance and claim that the city's ban on collectives violates the rights of patients to form them as provided for in SB 420.
Most importantly the collective will be staying open providing member patients with medicine and the clinic will be open providing prospective patients with their recommendations and current patients with their renewals.
The Press Enterprise article was a good start in letting the public know what is going on and
how the city is refusing to license and regulate collectives and instead has created a Wild West free-for-all. But most importantly, we need to let the people of Riverside and the Riverside City Council know that wasting tax payer money and city employee time drafting voluminous lawsuits to close collectives is wrong, wrong, wrong. Instead, tax payer money and city employee time should be used productively to draft a medical marijuana collective ordinance that will provide local access to patients and do so in way that causes no problems for the city or its residents.
The way to bring that about is to use our rights under the U.S. Constitution which guarantees
"the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." We have grievances and we are going to let the Riverside City Council know about them on Tuesday, June 1 at 6:30 p.m. where we will assemble one of the largest groups of people ever to attend a Riverside City Council meeting.
Our elected officials are well aware that general public supports medical marijuana and that
they support licensed and regulated access to medicinal marijuana. The refusal of our elected
officials to recognize this and instead kowtow to Riverside City Attorney Priamos's reefer
madness mentality is both counter-productive and a slap in the face to Riverside city residents and the voters of California.
Watch here for updates on what is happening with the collective and the clinic,
but right now circle Tuesday, June 1 and write in 6:30 p.m. and be at Riverside City Hall at
3900 Main Street, Riverside 9255 to demand your right to safe, reliable and local access as well as the respect that you so rightfully deserve.
Director, Marijuana Anti Prohibition Project
On Thursday afternoon two gentlemen from Riverside County visited my house in White Water and handed me a summons to notify me that I had been named in a lawsuit filed by the city of
Riverside to close down the collective operating in Riverside which the lawsuit listed as the
THCF Health and Wellness Center. I was not surprised that a lawsuit had been filed - what stunned me was that I was the only person named in it.
In the article in the Press Enterprise, it states that Riverside City Attorney Greg "Priamos
said that simply issuing recommendations for medical marijuana isn't a problem, but the city is going after both facilities because officials believe they are one operation, with Swerdlow as the operator."
Obviously someone in Riverside County hasn't done their homework. The clinic and the collective are totally separate with no legal or fiscal connections. The actual work of running the collective is overseen by William Sump. I continued to oversee the operations of the THCF Medical working alongside Dr. Paul Ironside who provides qualified patients with their recommendations.
The lawsuit filed by the city of Riverside does not allege that the collective is doing anything not in compliance with the AG Guidelines. It is only alleging that the collective is violating a city zoning ordinance that bans the operation of "a facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215)." This definition is so overbroad that it arguably bans even cultivation in a patient's private home and certainly a home in which a patient may be growing for other patients.
In any case, violating a zoning ordinance is a civil offense, not a criminal offense. You do not arrest, confiscate and imprison a person for violating a civil ordinance. You serve them a summons like the city of Riverside has done and you duke it out in court and may the party with the best arguments win.
We are not afraid of fighting for patient rights in a civil court - in fact we welcome it as we believe we are legally right and the city is legally wrong and we will win. What concerns us is the possibility of a raid such as collectives have recently experienced in San Bernardino County. I have spoken with one of our attorneys who is of the opinion that this is not likely to happen although he admits that Riverside County DA Rod Pacheco and Riverside City Attorney Priamos move in strange ways.
So what are we going to do?
First off, we are consulting with a number of attorneys as to what this lawsuit is all about and how we should best respond. We will be answering the lawsuit within the 30 days given to us to respond. We will be denying all allegations of violating any ordinance and claim that the city's ban on collectives violates the rights of patients to form them as provided for in SB 420.
Most importantly the collective will be staying open providing member patients with medicine and the clinic will be open providing prospective patients with their recommendations and current patients with their renewals.
The Press Enterprise article was a good start in letting the public know what is going on and
how the city is refusing to license and regulate collectives and instead has created a Wild West free-for-all. But most importantly, we need to let the people of Riverside and the Riverside City Council know that wasting tax payer money and city employee time drafting voluminous lawsuits to close collectives is wrong, wrong, wrong. Instead, tax payer money and city employee time should be used productively to draft a medical marijuana collective ordinance that will provide local access to patients and do so in way that causes no problems for the city or its residents.
The way to bring that about is to use our rights under the U.S. Constitution which guarantees
"the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." We have grievances and we are going to let the Riverside City Council know about them on Tuesday, June 1 at 6:30 p.m. where we will assemble one of the largest groups of people ever to attend a Riverside City Council meeting.
Our elected officials are well aware that general public supports medical marijuana and that
they support licensed and regulated access to medicinal marijuana. The refusal of our elected
officials to recognize this and instead kowtow to Riverside City Attorney Priamos's reefer
madness mentality is both counter-productive and a slap in the face to Riverside city residents and the voters of California.
Watch here for updates on what is happening with the collective and the clinic,
but right now circle Tuesday, June 1 and write in 6:30 p.m. and be at Riverside City Hall at
3900 Main Street, Riverside 9255 to demand your right to safe, reliable and local access as well as the respect that you so rightfully deserve.
Thursday, May 20, 2010
1st Medical Marijuana Provider To Be Tried Under New DOJ Policy
San Diego, CA -- A North San Diego County medical marijuana provider, James Stacy, whose Vista dispensary was raided on September 9, 2009, by a multi-agency narcotics task force, will be the first such case to go to trial after the Justice Department issued its enforcement policy in October 2009, a month after the raid. Stacy's trial date will be scheduled Wednesday during a hearing at which Stacy will argue he's entitled to admit evidence of state law compliance, something routinely denied federal defendants. Stacy's dispensary, Movement in Action, was raided along with more than a dozen other San Diego County dispensaries as part of local-federal enforcement actions called, "Operation Endless Summer," which resulted in more than 30 arrests. Only Stacy, and one other medical marijuana dispensary operator Joseph Nunes, were charged federally as a result of the raids. Nunes has since pleaded guilty and was recently sentenced to a year in prison.
What: Federal hearing on whether dispensary operator James Stacy can use medical marijuana and state law as a defense at trial
When: Wednesday, May 19, 2010 at 10:30am
Where: Courtroom 15, U.S. District Court, 940 Front Street, San Diego, CA
"With a new enforcement policy on medical marijuana, the federal government should not be trying this case at all," said Joe Elford, Chief Counsel with Americans for Safe Access, the country's largest medical marijuana advocacy organization. "At the very least, Mr. Stacy's case should be tried in state court where he's guaranteed a defense against his charges." Because of a U.S. Supreme Court ruling on medical marijuana, defendants are prevented from entering evidence of medical use or state law compliance in federal court.
U.S. Attorney General Eric Holder testified before Congress last week and reaffirmed that the Obama Administration was not interested in using the Justice Department's "limited resources" to prosecute people who are in compliance with their state's medical marijuana laws. Stacy argues that he was in full compliance with state law, nevertheless he was federally charged with cultivation of marijuana, conspiracy to cultivate and sell marijuana, and possession of a firearm, which could result in more than 20 years in prison. The federal government has so far failed to show any evidence of state law violations and has blocked repeated attempts by Stacy's lawyer Kasha Kastillo to try the case in state court.
Another San Diego dispensary operator, Jovan Jackson, was arrested as a result of the raids in September and prosecuted by San Diego District Attorney Bonnie Dumanis in state court. Jackson was acquitted by a jury after a November 2009 trial on similar charges. More recently, the San Diego Board of Supervisors has taken note of the county's failure to gain convictions and has decided to regulate medical marijuana distribution in the unincorporated areas of the county. The City of San Diego City Council is similarly debating a dispensary ordinance. "The move to regulate local medical marijuana distribution is certainly a positive step for San Diego," continued Elford. "However, it begs the question of why Mr. Stacy is still being prosecuted in federal court."
Because of the government's continued efforts to prosecute medical marijuana patients despite a new Justice department enforcement policy, advocates are urging Members of Congress to pass HR 3939, the Truth in Trials Act, which would allow defendants to use a medical or state law defense in federal court. The Truth in Trials Act currently has more than 30 Congressional cosponsors.
Further Information:
U.S. Attorney General Eric Holder's recent statements before Congress.
Truth in Trials Act
What: Federal hearing on whether dispensary operator James Stacy can use medical marijuana and state law as a defense at trial
When: Wednesday, May 19, 2010 at 10:30am
Where: Courtroom 15, U.S. District Court, 940 Front Street, San Diego, CA
"With a new enforcement policy on medical marijuana, the federal government should not be trying this case at all," said Joe Elford, Chief Counsel with Americans for Safe Access, the country's largest medical marijuana advocacy organization. "At the very least, Mr. Stacy's case should be tried in state court where he's guaranteed a defense against his charges." Because of a U.S. Supreme Court ruling on medical marijuana, defendants are prevented from entering evidence of medical use or state law compliance in federal court.
U.S. Attorney General Eric Holder testified before Congress last week and reaffirmed that the Obama Administration was not interested in using the Justice Department's "limited resources" to prosecute people who are in compliance with their state's medical marijuana laws. Stacy argues that he was in full compliance with state law, nevertheless he was federally charged with cultivation of marijuana, conspiracy to cultivate and sell marijuana, and possession of a firearm, which could result in more than 20 years in prison. The federal government has so far failed to show any evidence of state law violations and has blocked repeated attempts by Stacy's lawyer Kasha Kastillo to try the case in state court.
Another San Diego dispensary operator, Jovan Jackson, was arrested as a result of the raids in September and prosecuted by San Diego District Attorney Bonnie Dumanis in state court. Jackson was acquitted by a jury after a November 2009 trial on similar charges. More recently, the San Diego Board of Supervisors has taken note of the county's failure to gain convictions and has decided to regulate medical marijuana distribution in the unincorporated areas of the county. The City of San Diego City Council is similarly debating a dispensary ordinance. "The move to regulate local medical marijuana distribution is certainly a positive step for San Diego," continued Elford. "However, it begs the question of why Mr. Stacy is still being prosecuted in federal court."
Because of the government's continued efforts to prosecute medical marijuana patients despite a new Justice department enforcement policy, advocates are urging Members of Congress to pass HR 3939, the Truth in Trials Act, which would allow defendants to use a medical or state law defense in federal court. The Truth in Trials Act currently has more than 30 Congressional cosponsors.
Further Information:
U.S. Attorney General Eric Holder's recent statements before Congress.
Truth in Trials Act
Monday, May 17, 2010
SAN BERNARDINO RALLY TUESDAY, MAY 25 @ 10 A.M.
Arguably the most corrupt county in the state of California, I guess we should just expect this total disregard for law and human decency from the San Bernardino County Board of Supervisors. From past statements, we thought we could trust Supervisors Josie Gonzales and Paul Biane, but they have turned out to be such disappointments that is just plain disheartening.
I know this seems futile, but it's just like when we used to keep going back before the Board
telling them to stop wasting taxpayer money on the mean-spirited, vindictive and futile lawsuit to have Prop. 215 ruled unconstitutional. If we don't tell them that what they are doing is wrong, then they will feel that what they are doing is right. They are well aware our request that collectives should be licensed and regulated is what the public wants and not the Wild West atmosphere created by their obfuscation and genuflection to law enforcement's reefer madness mentality.
So mark your calendars for Tuesday, May 25 at 10 a.m. and come on out, join us for the rally,
be with friends and make new friends and then, if you so chose, speak another time with the San Bernardino Board of Supervisors and let them know whatever it is you want to let them know.
It's all happening at the San Bernardino County Administration Building, 385 N. Arrowhead Ave., in delightful downtown San Bernardino 92415. Bring signs if you have them, or we will have some there.
HIGH DESERT MEET FEATURES LEGAL ADVICE AND REFORM UPDDATES AND DINNER
HIGH DESERT MEET FEATURES LEGAL ADVICE AND REFORM UPDDATES AND A SWISS STEAK DINNER WITH ALL THE FIXIN'S WED. MAY 19
Head on up to the town of Landers for the monthly meeting of the High Desert MAPP group - the
most fun meeting of the bunch and this time complete with a Swiss Steak Dinner and all the
Fixin's for only $3 - but it's worth at least $5 if you are employed at more than minimum wage.
In addition to the McCabe's eatin's, there will be some speakin's as well. Attorney Stephen
Peretz will make a presentation on what to do when you are confronted by a cop and you feel very uncomfortable about the situation. He wanted me to emphasize that this will be a short
presentation - he will get right to the meat and potatoes - stuff you really do need to know.
I will be bringing you up to date with what is happening, or more appropriately not happening, in San Bernardino County. I also have some information on the elective races on the June 8 ballot, but not much.
We need to put together a committee to get candidates positions on issues of importance to us
and then let our supporters know who they are. There are a lot of us out here - way more than a lot of other groups out there with way more sway with our elected officials. We need to get out there and support those who support us and that's one of the things we are going to talk about at this meeting.
Which of course dovetails into an update on the Tax and Regular Initiative. We had a meeting
last Wednesday in Riverside with a live video conference with Initiative Sponsor Richard Lee and Campaign Consultant Marucio Garzon. Very illuminating and I will discuss what was discussed and how we are going to end reefer madness this November.
So for a great meeting and an even greater Swiss Steak Dinner, be at the High Desert MAPP
meeting on Wednesday, May 19. The dinner begins at 5:30 p.m. with entertainment by Esclanate Jam and the meeting at 6:30 p.m. It's all happening at the entertainment Mecca for the high desert, The Castle Inn at 1388 N. Golden Slipper Lane in Landers 92285.
Lanny Swerdlow
Director, Marijuana Anti-Prohibition Project
Head on up to the town of Landers for the monthly meeting of the High Desert MAPP group - the
most fun meeting of the bunch and this time complete with a Swiss Steak Dinner and all the
Fixin's for only $3 - but it's worth at least $5 if you are employed at more than minimum wage.
In addition to the McCabe's eatin's, there will be some speakin's as well. Attorney Stephen
Peretz will make a presentation on what to do when you are confronted by a cop and you feel very uncomfortable about the situation. He wanted me to emphasize that this will be a short
presentation - he will get right to the meat and potatoes - stuff you really do need to know.
I will be bringing you up to date with what is happening, or more appropriately not happening, in San Bernardino County. I also have some information on the elective races on the June 8 ballot, but not much.
We need to put together a committee to get candidates positions on issues of importance to us
and then let our supporters know who they are. There are a lot of us out here - way more than a lot of other groups out there with way more sway with our elected officials. We need to get out there and support those who support us and that's one of the things we are going to talk about at this meeting.
Which of course dovetails into an update on the Tax and Regular Initiative. We had a meeting
last Wednesday in Riverside with a live video conference with Initiative Sponsor Richard Lee and Campaign Consultant Marucio Garzon. Very illuminating and I will discuss what was discussed and how we are going to end reefer madness this November.
So for a great meeting and an even greater Swiss Steak Dinner, be at the High Desert MAPP
meeting on Wednesday, May 19. The dinner begins at 5:30 p.m. with entertainment by Esclanate Jam and the meeting at 6:30 p.m. It's all happening at the entertainment Mecca for the high desert, The Castle Inn at 1388 N. Golden Slipper Lane in Landers 92285.
Lanny Swerdlow
Director, Marijuana Anti-Prohibition Project
RADIO SHOW MONDAY AT 6 P.M. FEATURES MPP FIELD DIRECTOR AARON SMITH
Tune in this Monday at 6 p.m. to Marijuana Compassion and Common Sense featuring people you want to know speaking about things you need to know.
First we will be interviewing Araon Smith, California Field Director for the Marijuana Policy
Project. Of special interest will be hearing about the medical marijuana initiative in Arizona. Following Aaron will be Cheri Sicard bringing us information on the stalled ordinance and what, if anything, can be done. The radio show is interactive, so call in your questions and comments on our listener call-in line at 888-909-1050.
Tune in this Monday and every Monday at 6 p.m. to Marijuana Compassion and Common Sense on radio station KCAA 1050AM heard everywhere in western Inland Empire. If you can't tune it in on your radio, then fire up your computer, log on to www.kcaaradio.com and click on LISTEN LIVE.
Marijuana Compassion and Common Sense is brought to this week by William H. Gunn Construction Co. and THCF Medical Clinic. If you would like to let our dedicated audience know of your business, get the word out that you are cannabis friendly and help support the cause, then contact me and I will let you know about our very reasonable advertising rates.
Lanny Swerdlow
Director, Marijuana Anti Prohibition Project
760-799-2055
First we will be interviewing Araon Smith, California Field Director for the Marijuana Policy
Project. Of special interest will be hearing about the medical marijuana initiative in Arizona. Following Aaron will be Cheri Sicard bringing us information on the stalled ordinance and what, if anything, can be done. The radio show is interactive, so call in your questions and comments on our listener call-in line at 888-909-1050.
Tune in this Monday and every Monday at 6 p.m. to Marijuana Compassion and Common Sense on radio station KCAA 1050AM heard everywhere in western Inland Empire. If you can't tune it in on your radio, then fire up your computer, log on to www.kcaaradio.com and click on LISTEN LIVE.
Marijuana Compassion and Common Sense is brought to this week by William H. Gunn Construction Co. and THCF Medical Clinic. If you would like to let our dedicated audience know of your business, get the word out that you are cannabis friendly and help support the cause, then contact me and I will let you know about our very reasonable advertising rates.
Lanny Swerdlow
Director, Marijuana Anti Prohibition Project
760-799-2055
Monday, May 10, 2010
RADIO SHOW TO FEATURE CHINO DISPENSARY INTERVIEW
MONDAY 6 P.M. RADIO SHOW FEATURES INTERVIEWS WITH MARTY VICTOR AND HIS ROP AND ABEL CHAPAS FROM SB PATIENT CENTER
Tune in this Monday to Marijuana Compassion and Common Sense - the radio show to hear two great interviews - people you want to know speaking about things you need to know.
First we will be interviewing Abel Papas from the San Bernardino Patient Center and learn about the raid of their Chino collective and the rally being held this Thursday at the arraignment of the collective's owners at the Chino Courthouse.
Following Abel will be Marty Victor talking about getting his property back, what it took to get it back and just how much he is going to relish the moment when he watches Riverside County Sheriff officers return his property. At 11 a.m. on Thursday, May 13, Riverside County Sheriff's Department will be returning all property seized during the raid at the home of Marty and Lavonne Victor. On September 19, 2008 the Victor's, who were operating a ten member collective in their backyard, were terrorized by SWAT teams and additional hordes of county sheriff officers as they ransacked their house, destroyed the collective's garden and endangered the health of Marty's 81 year old mother by refusing to allow her any food and by just being there.
The radio show is interactive, so call in your questions and comments on our listener call-in line at 888-909-1050.
Marijuana Compassion and Common Sense is brought to this week by William H. Gunn Construction Co. and THCF Medical Clinic. If you would like to let our dedicated audience know of your business, get the word out that you are cannabis friendly and help support the cause, then contact me and I will let you know about our very reasonable advertising rates.
Tune in this Monday and every Monday at 6 p.m. to Marijuana Compassion and Common Sense on radio station KCAA 1050AM heard everywhere in western Inland Empire. If you can't tune it in on your radio, then fire up your computer, log on to www.kcaaradio.com and click on LISTEN LIVE.
IF YOU HAVE CHARTER CABLE, CONGRATULATIONS - YOU CAN NOW SEE MARIJUANA COMPASSION AND COMMON SENSE - THE TV SHOW
That's right - our TV show has gone Hollywood - well maybe not actually Hollywood, but it has
gone Pasadena and Malibu.
This week's show features our participation in the Doo Dah parade in Pasadena.
Here's how to find it on your Charter Cable connection:
Tune in this Monday to Marijuana Compassion and Common Sense - the radio show to hear two great interviews - people you want to know speaking about things you need to know.
First we will be interviewing Abel Papas from the San Bernardino Patient Center and learn about the raid of their Chino collective and the rally being held this Thursday at the arraignment of the collective's owners at the Chino Courthouse.
Following Abel will be Marty Victor talking about getting his property back, what it took to get it back and just how much he is going to relish the moment when he watches Riverside County Sheriff officers return his property. At 11 a.m. on Thursday, May 13, Riverside County Sheriff's Department will be returning all property seized during the raid at the home of Marty and Lavonne Victor. On September 19, 2008 the Victor's, who were operating a ten member collective in their backyard, were terrorized by SWAT teams and additional hordes of county sheriff officers as they ransacked their house, destroyed the collective's garden and endangered the health of Marty's 81 year old mother by refusing to allow her any food and by just being there.
The radio show is interactive, so call in your questions and comments on our listener call-in line at 888-909-1050.
Marijuana Compassion and Common Sense is brought to this week by William H. Gunn Construction Co. and THCF Medical Clinic. If you would like to let our dedicated audience know of your business, get the word out that you are cannabis friendly and help support the cause, then contact me and I will let you know about our very reasonable advertising rates.
Tune in this Monday and every Monday at 6 p.m. to Marijuana Compassion and Common Sense on radio station KCAA 1050AM heard everywhere in western Inland Empire. If you can't tune it in on your radio, then fire up your computer, log on to www.kcaaradio.com and click on LISTEN LIVE.
IF YOU HAVE CHARTER CABLE, CONGRATULATIONS - YOU CAN NOW SEE MARIJUANA COMPASSION AND COMMON SENSE - THE TV SHOW
That's right - our TV show has gone Hollywood - well maybe not actually Hollywood, but it has
gone Pasadena and Malibu.
This week's show features our participation in the Doo Dah parade in Pasadena.
Here's how to find it on your Charter Cable connection:
- Inland Empire - Rancho Cucamonga, San Bernardino, Riverside et al - Friday at 12 midnight on cable channel 31.
- High Desert - Victorville, Hesperia, Apple Valley, Big Bear et al - Friday at 12 midnight on
cable channel 3. - San Gabriel Valley (Pasadena et al) on Friday at 11:30 p.m. on Cable Channel 31.
- Malibu, Whittier and Long Beach on Friday at 12 midnight on Cable Channel 31.
The show is also carried on the following Public Access stations:
Coachella Valley - Tuesday, Saturday & Sunday at 11 p.m. Time Warner cable channel 17.
High Desert (Morongo Valley to 29 Palms) - Tuesdays at 9 p.m. on Time Warner cable channel 10.
Riverside/Norco - Tuesday at 8 p.m., Charter Cable channel 32.
I look forward to working with all of you to bring compassion and common sense to marijuana
laws.
Lanny Swerdlow
Director Marijuana Anti-Prohibition Project
760-799-2055
Friday, May 7, 2010
CHARLES LYNCH CASE NEWS
Federal Judge Recommends Reclassification of Medical Marijuana, Removes Random Drug Testing and Some Restrictions for Defendant
Los Angeles, CA – Federal District Judge George H. Wu issued a revised 41-page written sentencing order this week for former medical cannabis provider, Charles C. Lynch. In addition, the Judge also granted the defense’s request for reduced supervised restrictions as Lynch remains out on $400,000 bail pending appeal. Lynch’s Federal Public Defender filed an appeal Thursday, May 6.
"[T]his case is not like that of a common drug dealer buying and selling drugs without regulation, government oversight, and with no other concern other than making profits. In this case, the defendant opened a marijuana dispensary under the guidelines set forth by the State of California . . . . His purpose for opening the dispensary was to provide marijuana to those who, under California law, [were] qualified to receive it for medical reasons."
The sentencing order states that Lynch was “caught in the middle of shifting positions” on the issue and that, “Much of the problems could be ameliorated…by the reclassification of marijuana from schedule I”
Lynch gained notoriety as a federal medical cannabis defendant after being raided, arrested, prosecuted and convicted under the Bush Administration but then sentenced after President Obama signaled a change in federal enforcement policy.
That notoriety came in part because of all of the support from the medical cannabis community that rallied around Lynch. The Judge acknowledges, in a footnote in his sentencing order, the massive out pouring of letters for Lynch:
“While simple popularity is not a factor to be considered, the Court notes that it has received more letters in support of Lynch in this matter than in any other case in the undersigned judicial officer’s 16 years on the federal and state benches.”
Judge Wu's call for the reclassification of marijuana comes as the Drug Enforcement Administration (DEA) is considering a petition, filed in 2002 by the Coalition for Rescheduling Cannabis.
After a multi-year-long review by the Department of Health and Human Services, the petition was recently sent to DEA, the final stage of the process. Acting DEA Administrator Michele Leonhart— who still must be confirmed by the U.S. Senate— has the authority to grant or deny the rescheduling.
Judge Wu ordered Lynch back into court April 29, 2010 to discuss his written decision. Both the Prosecution and the Defense pointed out errors in Wu’s written opinion, so Wu had to re-write it. Lynch claims there are still errors in the document.
Such as Judge Wu’s claim that Lynch should have known cannabis sold by one of his former employees to an undercover officers—in a parking lot at least 5 miles from the collective— came from Lynch’s collective. However, there was no evidence that the cannabis came from Lynch or his collective.
At that April 2010 court appearance, Judge Wu had forgotten that In June 2009 he verbally sentenced Lynch to one year and a day, and four years of supervised release, despite the 5-year mandatory minimum being sought by the Justice Department. Judge Wu also forgot he told Lynch he could remain out on bail pending appeal.
Four months after that June 11th sentencing hearing, the Justice Department issued a memo directive in October to U.S. Attorneys, discouraging them from arresting and prosecuting medical marijuana patients and providers that follow state law.
Lynch remains released on bail pending his appeal, but cannot use medical marijuana according to the terms of his release. However Judge Wu agreed to remove the requirement that Lynch call in daily to see if he has to report to random drug testing.
Judge Wu also reduced Lynch’s supervision from “intense to routine”. Lynch had been driving over 200 miles to Los Angeles from his home in Arroyo Grande every two weeks for brief meetings with his probation officers. Lynch now can drive to Santa Barbara about once a month instead.
Before his medical cannabis collective was raided by DEA agents in March of 2007, Lynch had operated for 11 months without incident, and with the blessing of the Morro Bay Mayor, City Attorney, City Council, the local Chamber of Commerce, and other community members.
Two months after Lynch closed his dispensary, Central Coast Compassionate Caregivers, he was indicted and charged with conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing more than 100 plants, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21. None of the federal charges Lynch was convicted of constituted violations of local or state law.
Currently, patients and providers are prevented from using a medical necessity or a state law defense in federal court. The Justice Department policy has failed to deter the prosecution of more than two dozen pending federal cases.
In response, Americans for Safe Access advocates for the passage of Congressional legislation -- HR 3939, the Truth in Trials Act -- which would give state law-compliant defendants a fighting chance in federal court.
Further Information:Federal Judge George Wu’s April 27th order:
http://AmericansForSafeAccess.org/downloads/Lynch_Sentencing_Order.pdf
April 29th revised order:
http://www.friendsofccl.com/documents/2010-04-29_LynchSentencingMemo.pdf
Los Angeles, CA – Federal District Judge George H. Wu issued a revised 41-page written sentencing order this week for former medical cannabis provider, Charles C. Lynch. In addition, the Judge also granted the defense’s request for reduced supervised restrictions as Lynch remains out on $400,000 bail pending appeal. Lynch’s Federal Public Defender filed an appeal Thursday, May 6.
"[T]his case is not like that of a common drug dealer buying and selling drugs without regulation, government oversight, and with no other concern other than making profits. In this case, the defendant opened a marijuana dispensary under the guidelines set forth by the State of California . . . . His purpose for opening the dispensary was to provide marijuana to those who, under California law, [were] qualified to receive it for medical reasons."
The sentencing order states that Lynch was “caught in the middle of shifting positions” on the issue and that, “Much of the problems could be ameliorated…by the reclassification of marijuana from schedule I”
Lynch gained notoriety as a federal medical cannabis defendant after being raided, arrested, prosecuted and convicted under the Bush Administration but then sentenced after President Obama signaled a change in federal enforcement policy.
That notoriety came in part because of all of the support from the medical cannabis community that rallied around Lynch. The Judge acknowledges, in a footnote in his sentencing order, the massive out pouring of letters for Lynch:
“While simple popularity is not a factor to be considered, the Court notes that it has received more letters in support of Lynch in this matter than in any other case in the undersigned judicial officer’s 16 years on the federal and state benches.”
Judge Wu's call for the reclassification of marijuana comes as the Drug Enforcement Administration (DEA) is considering a petition, filed in 2002 by the Coalition for Rescheduling Cannabis.
After a multi-year-long review by the Department of Health and Human Services, the petition was recently sent to DEA, the final stage of the process. Acting DEA Administrator Michele Leonhart— who still must be confirmed by the U.S. Senate— has the authority to grant or deny the rescheduling.
Judge Wu ordered Lynch back into court April 29, 2010 to discuss his written decision. Both the Prosecution and the Defense pointed out errors in Wu’s written opinion, so Wu had to re-write it. Lynch claims there are still errors in the document.
Such as Judge Wu’s claim that Lynch should have known cannabis sold by one of his former employees to an undercover officers—in a parking lot at least 5 miles from the collective— came from Lynch’s collective. However, there was no evidence that the cannabis came from Lynch or his collective.
At that April 2010 court appearance, Judge Wu had forgotten that In June 2009 he verbally sentenced Lynch to one year and a day, and four years of supervised release, despite the 5-year mandatory minimum being sought by the Justice Department. Judge Wu also forgot he told Lynch he could remain out on bail pending appeal.
Four months after that June 11th sentencing hearing, the Justice Department issued a memo directive in October to U.S. Attorneys, discouraging them from arresting and prosecuting medical marijuana patients and providers that follow state law.
Lynch remains released on bail pending his appeal, but cannot use medical marijuana according to the terms of his release. However Judge Wu agreed to remove the requirement that Lynch call in daily to see if he has to report to random drug testing.
Judge Wu also reduced Lynch’s supervision from “intense to routine”. Lynch had been driving over 200 miles to Los Angeles from his home in Arroyo Grande every two weeks for brief meetings with his probation officers. Lynch now can drive to Santa Barbara about once a month instead.
Before his medical cannabis collective was raided by DEA agents in March of 2007, Lynch had operated for 11 months without incident, and with the blessing of the Morro Bay Mayor, City Attorney, City Council, the local Chamber of Commerce, and other community members.
Two months after Lynch closed his dispensary, Central Coast Compassionate Caregivers, he was indicted and charged with conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing more than 100 plants, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21. None of the federal charges Lynch was convicted of constituted violations of local or state law.
Currently, patients and providers are prevented from using a medical necessity or a state law defense in federal court. The Justice Department policy has failed to deter the prosecution of more than two dozen pending federal cases.
In response, Americans for Safe Access advocates for the passage of Congressional legislation -- HR 3939, the Truth in Trials Act -- which would give state law-compliant defendants a fighting chance in federal court.
Further Information:Federal Judge George Wu’s April 27th order:
http://AmericansForSafeAccess.org/downloads/Lynch_Sentencing_Order.pdf
April 29th revised order:
http://www.friendsofccl.com/documents/2010-04-29_LynchSentencingMemo.pdf
Friends of Charles C. Lynch website:
http://www.friendsofccl.com/
H.R. 393 “Truth in Trials Act”:
http://americansforsafeaccess.org/section.php?id=354
Parts of this release come from a press release written by Kris Hermes for Americans for Safe Access.
Tuesday, May 4, 2010
New Medical Marijuana Article in SB Sun
The San Bernardino Sun published an story on the county's lack of medical marijuana ordinances in last Sunday's paper. Give it a read and please post a comment in the comment section. We need the media to cover this topic and the more interest the public shows, the more coverage they are likely to give it.
Read the story and post comments here.
Read the story and post comments here.
Sunday, May 2, 2010
SB COUNTY COPS GONE WILD & MAPP MEETING
MAY 5 MAPP MEETING FEATURES PSYCHIATRIST PRESENTATION PLUS DISCUSSION ON PATIENT RESPONSES TO SAN BERNARDINO COUNTY COPS GONE WILD
The situation in San Bernardino County has become a Wild West free-for-all with law enforcement busting collectives and patients and the county's elected officials unwilling or powerless to stop them. We will be discussing what approaches we need to take to address this malicious situation.
Presentations will be made by Cheri Sicard, our San Bernardino advocate, and by Dustin whose
delivery service in Rancho Cucamonga was raided and he was arrested and imprisoned.
I strongly advise extreme caution in any dealings with police in San Bernardino County. There is no doubt now that they still refuse to recognize California's medical marijuana laws and feel they can ignore them with impunity. We are contacting attorneys to find out if they actually can and what actions can be taken to rein them in.
Our featured speaker is Dr.Chirstopher Fichtner who will be discussing his new book
Cannabinomics. Dr. Fitchner recently made a presentation before the Wildomar City Council as part of the Council's investigative process. Dr. Fitchner will have copies of his new book available for purchase and will be personally autographing each book after the meeting.
The Riverside/Inland Empire MAPP meeting on Wednesday, May 5 begins promptly at 7:30 p.m. and is held at the THCF Medical Clinic, 647 Main Street in Riverside 92501.
The situation in San Bernardino County has become a Wild West free-for-all with law enforcement busting collectives and patients and the county's elected officials unwilling or powerless to stop them. We will be discussing what approaches we need to take to address this malicious situation.
Presentations will be made by Cheri Sicard, our San Bernardino advocate, and by Dustin whose
delivery service in Rancho Cucamonga was raided and he was arrested and imprisoned.
I strongly advise extreme caution in any dealings with police in San Bernardino County. There is no doubt now that they still refuse to recognize California's medical marijuana laws and feel they can ignore them with impunity. We are contacting attorneys to find out if they actually can and what actions can be taken to rein them in.
Our featured speaker is Dr.Chirstopher Fichtner who will be discussing his new book
Cannabinomics. Dr. Fitchner recently made a presentation before the Wildomar City Council as part of the Council's investigative process. Dr. Fitchner will have copies of his new book available for purchase and will be personally autographing each book after the meeting.
The Riverside/Inland Empire MAPP meeting on Wednesday, May 5 begins promptly at 7:30 p.m. and is held at the THCF Medical Clinic, 647 Main Street in Riverside 92501.
Lanny Swerdlow
Directior Marijuana Anti Prohibition Project
Directior Marijuana Anti Prohibition Project
FREE CULTIVATION SEMINAR
Stoney Girl Gardens is hosting a free cultivation seminar on Friday, May 7. The seminar will
cover a variety of growing, harvesting and processing methods as well as information on the
various medical strains and the ailments that they successfully treat.
More information about Stoney Girl Gardens can be found at www.gro4me.com.
The FREE cultivation seminar will be held on Friday, May 7 beginning at 8 p.m. at the THCF
Medical Clinic and Patient Center, 647 Main Street in Riverside 92501.
NOTE: This is an informational seminar. There will be no sales of any seeds, clones or plants.
cover a variety of growing, harvesting and processing methods as well as information on the
various medical strains and the ailments that they successfully treat.
More information about Stoney Girl Gardens can be found at www.gro4me.com.
The FREE cultivation seminar will be held on Friday, May 7 beginning at 8 p.m. at the THCF
Medical Clinic and Patient Center, 647 Main Street in Riverside 92501.
NOTE: This is an informational seminar. There will be no sales of any seeds, clones or plants.
Critical Court Decision Delayed
Patients, advocates and everyone else has been holding their collective breaths this last week awaiting the issuance by the 4th District Court of Appeals of their ruling on the case of Qualified Patients vs. City of Anaheim on whether cities and counties can ban collectives under their zoning ordinances.
No ruling was issued and you better stop holding your breath because it could take up to another five weeks before the ruling is issued.
The delay results from the fact that although the court ordered all new briefs to be submitted by the end of the January, one of the parties (I don't know who) requested a 30 day delay for their submission. The delay was granted. The court has 90 days to issue its ruling. As a consequence of the delay being granted, the 90 day countdown period did not begin at the end of January when the submissions were originally due, but began sometime in the first week of March.
As a consequence the ruling is not due until the first week of June. Although the court can
certainly issue its ruling in less than 90 days, I would not advise anyone to start holding
their breath again until near the end of May. This is truly unfortunate as San Bernardino County will no doubt interpret this as more time to keep arresting and prosecuting patients and providers.
Lanny Swerdlow, Director Marijuana ANti Prohibition Project
No ruling was issued and you better stop holding your breath because it could take up to another five weeks before the ruling is issued.
The delay results from the fact that although the court ordered all new briefs to be submitted by the end of the January, one of the parties (I don't know who) requested a 30 day delay for their submission. The delay was granted. The court has 90 days to issue its ruling. As a consequence of the delay being granted, the 90 day countdown period did not begin at the end of January when the submissions were originally due, but began sometime in the first week of March.
As a consequence the ruling is not due until the first week of June. Although the court can
certainly issue its ruling in less than 90 days, I would not advise anyone to start holding
their breath again until near the end of May. This is truly unfortunate as San Bernardino County will no doubt interpret this as more time to keep arresting and prosecuting patients and providers.
Lanny Swerdlow, Director Marijuana ANti Prohibition Project
Subscribe to:
Posts (Atom)
