The Compassionate Coalition

CelebStoner's Steve Bloom on Gilligan's Mary Ann, Jackass's Steve-O, and his new book; Melodie Silverwolf on OR MedMJ & the workplace; music by D.G.A.F.

Tony Bowles was a plaintiff in ASA’s successful lawsuit against the California Highway Patrol. He has taken action time and time again on behalf of patients in need of medical marijuana. He now lives in Silver Spring, Maryland, where he is working hard to help improve Maryland’s medical marijuana law. Tony can be reached at tonebowles@sbcglobal.net

Last week, ASA, in partnership with the Drug Policy Alliance, kicked off our Patients for Access campaign in Maryland, which I first wrote about here in January. The campaign is designed to build grassroots support and identify potential leadership to support future legislative reform efforts.

More than a dozen people came out for our first Medical Marijuana Teach-In and Know Your Rights Training. I think we gave an astounding presentation and I was pleased to see many familiar and new faces. The crowd was incredibly diverse and the feedback portion of the training indicated that they sincerely appreciated the information and the training. “Dynamic”, “Necessary”, “Informative”, and “Enraging” were just a few of the descriptions used during an oral evaluation.

Little is known by the public about the state’s medical marijuana law and a few attendees were not even aware that Maryland has a medical marijuana law. We believe our first training raised awareness and provided a foundation to build on.

Everyone at the training signed our petition to protect Maryland medical marijuana patients and many also signed up to participate in a field trip to meet friendly state legislators next Month in Annapolis. A few took the information, sign-up sheets, and membership forms to get their friends and family involved.

We were fortunate to be hosted at a really great space in Baltimore’s Charles Village inside an old Methodist Church which now serves as a noncommercial, cooperatively managed space for radical politics and grassroots culture — a project sponsored by a local co-op, 2640.

We are conducting similar teach-ins throughout the month of March. This week we host trainings in Salisbury, Maryland (Eastern Shore) and Silver Spring, MD (Montgomery County). Our final training occurs in Western Maryland on the March 25th.

For more information and to keep updated about our continued efforts to improve Maryland’s medical marijuana law see:

http://www.drugpolicy.org/statebystate/maryland/
http://www.americansforsafeaccess.org/maryland

Dominic Holden on NORML web database project; Kris Krane on student drug policy issues; fallout from NH decrim vote; music from Baseless.

(Thu, 20 Mar 2008) Times & Transcript (Moncton, CN NK)

(Thu, 20 Mar 2008) Telegraph-Journal (Saint John, CN NK)

(Thu, 20 Mar 2008) Sacramento Bee (CA)

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Hours ago, the California Supreme Court denied review, as well as a request for depublication, of Garden Grove v. Superior Court. This was the 41-page published decision that strongly affirms the right of medical marijuana patients to possess their medicine without law enforcement harassment and requires courts to order the return of marijuana that was improperly seized by the police. The decision seemed unlikely to survive the California Supreme Court’s scrutiny after the Supreme Court’s horrendous decision in Ross v. RagingWire. Now, the decision ihas withstood this challenge and is binding on all of the superior courts of this state.

Whereas the California Attorney General was on our side, all of the largest police officers’ associations, as well as the California District Attorney’s Association, filed briefs against us and plead with the Supreme Court to grant review of the case. Their desire for the published decision be repealed is understandable. It rejects all of the meritless arguments made by the police in no uncertain terms, especially in the last five pages. In particular, the decision states that California’s laws are not preempted by federal law and that “it must be
remembered it is not the job of the local police to enforce the federal drug laws as such.” So much for the police’s purported confusion about which law to enforce.

The decision also contains many other quotable passages. Among them is the court’s rejection of the characterization of medical marijuana patients as “criminals.” In response to the police, the court states as follows:

Characterizing Kha as a “criminal defendant,” amici claim the CUA only provides him with a “defense” to certain offenses and does not make his possession of medical marijuana “lawful.” But Kha is clearly not a criminal defendant with respect to the subject marijuana. Since the prosecution dismissed the drug charge he was facing, he is nothing more than an aggrieved citizen who is seeking the return of his property. The terms “criminal” and “defendant” do not aptly apply to him.

This court got it. I am elated their words remain “published” and binding on every superior court and law enforcement as well.

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Yesterday, I joined advocates and providers in Sacramento to call on the State Board of Equalization to protect an important source of revenue - $100 million in sales tax collected annually by medical marijuana dispensaries.

After waiting through half a dozen unrelated tax cases to be heard before the board, I testified, explaining how this tax revenue is in danger, due to increased federal interference in the state medical marijuana program. In 2007 alone, the DEA raided more than 50 medical marijuana providers, and they embarked on a new strategy, sending more than 300 letters to landlords of dispensaries, threatening property owners with criminal prosecution and asset forfeiture. I also described reactions from elected officials - ranging from a statement by US House Judiciary Committee Chair John Conyers questioning the DEA’s tactics to State Senator Carole Migden’s introduction of SJR 20, which calls for an end to federal interference and urging Congress and the President to establish policy consistent with the compassionate use laws of California.

I concluded my comments with a plea that would be echoed by all of the following advocates, asking the BOE to work with the Governor and state legislature to protect this source of state revenue, which has become increasingly vital to our state’s fiscal health in the face of budget cuts to important state programs.

Dale Gieringer of CA NORML spoke next, highlighting the amount of sales tax and income tax dispensaries contribute. He also discussed the problem of the DEA seizing assets from dispensaries. For example, the “Compassion Center for Alameda County paid $3 million in sales taxes before it was closed by the DEA on October 30th. In the process of seizing CCAC’s bank account, the DEA stopped a $348,078.49 bank transfer to the Board of Equalization, which the CCAC had transmitted just before the raid.”

Next, half a dozen current and former dispensary operators spoke about their experiences of DEA harassment. Lisa Sawoya, former director of Hollywood Compassionate Care in Los Angeles, explained that she had gladly paid sales tax to the state. But in July of 2007, her landlord - who had previously been very supportive - received a threatening letter from the DEA. Sawoya agreed to shut down the dispensary at the end of July, and her landlord subsequently called the DEA to tell them of the agreement. Then, on July 25th - days before she was set to close - eight DEA agents stormed into the dispensary, holding guns to employees heads, and seizing all of the money and medicine at the facility.

Bill Pearce, former director of River City Patients’ Center in Sacramento, explained that he too had willingly paid taxes - to the the tune of $700K over three years to the BOE and another $250K to the IRS and Franchise Tax Board. When the DEA raided him on September 26, 2007, they seized all of his assets, leaving him with nothing to support himself and his family, let alone to pay his legal bills.

Four other dispensary operators from Berkeley, San Francisco, Santa Cruz, and Santa Rosa, told their stories of DEA harassment, and explained that though they continue operating their dispensaries, they live in fear. Their landlords could evict them at a moment’s notice, or worse, the DEA could raid them, seize their assets, and they could face federal charges.

All of the BOE members seemed to listen closely, and I could hear exclamations from those seated in the audience who had not been aware of this dire situation. After we spoke, BOE Member Betty Yee addressed the Board, conveying the sense of responsibility and obligation she felt on this issue. She expressed her concern, not only for the tax revenue generated by dispensaries, but also for the patients who depend on these facilities for access to their medicine. She urged the BOE to work with state officials to ensure protection of dispensaries from DEA attacks, echoing the statements she made in a recent opinion piece co-authored by Senator Migden.

I left the meeting feeling that we had been listened to and that the BOE may take further steps to protect our community.

Dr. Earleywine answers your questions from Pass the Stash; Kris Krane on UN Drug conference in Vienna; music by Yuya Joe.

(Wed, 19 Mar 2008) Telegraph, The (Nashua, NH)

(Wed, 19 Mar 2008) Sacramento Bee (CA)

Gov't at Work: Steve Epstein on MA decrim bills; Loretta Nall on AL MedMJ bill; Alert on CA MJ bills; music by The Joint Conspiracy.

(Tue, 18 Mar 2008) Dallas Morning News (TX)

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(Tue, 18 Mar 2008) Independent Florida Alligator, The (FL Edu)