Weekly Roundup

1) Ed Rosenthal Vindictive Prosecution Hearing, West Hollywood DEA Raid & LAPD Raid

ASA Legal Tip of the Month

2) Your Rights as a Worker and a Medical Marijuana Patient

ASA Chapter & Affiliate Meetings

3) Sunday, March 11th, Birds Landing: Solano Patients' Group Meeting
4) Tuesday, March 13th, San Diego: San Diego ASA Meeting
5) Tuesday, March 13th, San Francisco: San Francisco ASA Meeting
6) Thursday, March 15th, Guerneville: Sonoma ASA Meeting
7) Thursday, March 15th, Fullerton: North Orange County ASA Meeting
8) Saturday, March 17th, Hollywood: Los Angeles ASA Meeting
9) Wednesday, March 21st, Newport Beach: South Orange County ASA Meeting
10) Wednesday, March 21st, Oakland: East Bay ASA Meeting

City & County Hearings

11) Tuesday, March 13th, Sonora: Tuolumne County to Vote on Implementing MMJ ID Card Program
12) Tuesday, March 20th, Lakeport: City Council to Vote on Banning Medical Marijuana Cultivation

Court Support

13) Friday, March 16th, San Francisco: Pretrial Hearing for Ed Rosenthal

Weekly Roundup

1) Ed Rosenthal Vindictive Prosecution Hearing, West Hollywood DEA Raid & LAPD Raid

Federal Court Orders Prosecutor to Turn Over Secret Records in Rosenthal Case
Vindictive prosecution hearing moves medical marijuana case closer to dismissal

On Friday, March 2nd, in a very rare occurrence, federal Judge Charles Breyer found that author and medical marijuana activist Edward Rosenthal had laid the groundwork for dismissal based on vindictiveness by the prosecutor. Judge Breyer then ordered the government to produce all prosecutorial memoranda explaining the reason for a second prosecution of Rosenthal. The hearing was called after Americans for Safe Access (ASA) filed briefs in Rosenthal’s case claiming that the government was retaliating against Rosenthal for his successful appeal and his statements to the press that the first trial was unfair.

The federal prosecutor also conceded in court that he will not seek more than a one-day time-served sentence, which further confirms that the addition of new charges is retaliatory. Judge Breyer promised a decision on the vindictive prosecution motion before the trial date of March 19, 2007.

“Friday’s court hearing went extremely well,” declared ASA Chief Counsel Joe Elford. “I firmly believe that the prosecutorial memoranda will bolster our already strong showing that this prosecution is a vindictive one.”

The hearing on a motion to dismiss centers around the re-indictment of Rosenthal after his 2003 conviction was overturned in April 2006 by the Ninth Circuit Court of Appeals. Rosenthal’s prosecution had been split into two separate cases by Judge Breyer -- one involving the single charge of tax evasion and another that includes nearly identical marijuana charges from his earlier 2003 trial. However, Judge Breyer today granted a motion to consolidate the cases.

In a remarkably candid admission made earlier, the prosecutor stated that the reason for this second prosecution of Rosenthal is a direct response to “the specific comments that Rosenthal and others made.” The government further admitted in a recent legal filing that it held its new evidence in abeyance, so it “would be in a position to charge Rosenthal with [additional charges] if the Ninth Circuit reversed his conviction.”

At Rosenthal’s first appearance on new charges, in October 2006, the court remarked, in reference to public comments by the defendant at the time of his 2003 conviction: “[Rosenthal] can say whatever he wants to about the prosecution, and he can say whatever he wants to about the judge. That is his constitutional right.”

After finding out that medical marijuana evidence had been excluded from the 2003 trial, a majority of the jurors that convicted Rosenthal recanted their verdict only days afterward. Due at least in part to public outcry, Rosenthal was sentenced to one day in jail.

ASA’s vindictive prosecution motion: http://www.safeaccessnow.org/downloads/Rosenthal_Vindictive_Prosecution.pdf
Government’s opposition: http://www.safeaccessnow.org/downloads/Rosenthal_Opposition.pdf
ASA’s reply: http://www.safeaccessnow.org/downloads/Rosenthal_Reply.pdf
For more information on Ed Rosenthal’s cases: http://safeaccessnow.org/EdRosenthal

DEA invades West Hollywood A Second Time

On Tuesday, the DEA continued its assault on patients raiding West Hollywood Caregivers for the second time in two months. ASA immediately sprang into action when we heard about the raid, activating our emergency response
network. We sent out emails, posted on message boards, and made dozens of phone calls causing more than 40 patients and demonstrators to respond to the scene.

Within a half hour, the advocates gathered in front of the dispensary to show their support and protest the DEA raid. As the DEA loaded the stolen medicine out of the collective, the West Hollywood Sheriff Deputies did not restrict patients from approaching the DEA. Thirty of these advocates followed the team of agents the entire length of the walk from the collective to the DEA cars. The group eventually blocked the DEA's exit, and the local Sheriffs did not remove them for more than a half hour. Three courageous patients refused to allow the DEA to leave, and stood
their ground as the Sheriff Deputies finally removed them. The Head Captain of the West Hollywood Sheriff personally assured ASA that the three demonstrators would be taken into Sheriff's custody and released on their own recognizance. Four West Hollywood Caregivers security guards were also arrested and taken into DEA custody.

Tuesday's events were captured by the media, including television cameras from KCAL 9, Fox News, and KTLA, and at least three stations have already run favorable stories.

The DEA may be stepping up its activity, but it is clear that our community will not stand down. The brave actions of patient activists show the public that the behavior of the DEA is unacceptable! On Tuesday, patients in Los Angeles sent the DEA a message that this is unacceptable, and they can not come into LA without opposition.

LAPD Raids THC Dispensary in Van Nuys & Patient Advocates Respond

Forty protests turned out in response to yesterday afternoon's raid at T.H.C. in Van Nuys. We are sad to report that eleven people inside were arrested on state charges of transporting cannabis and maintaining a house for providing cannabis (H&S 11360 & 11366.5, respectively). Los Angeles Police Officers on the scene said this was part of an ongoing investigation and the search and arrest warrants came from a state judge in Van Nuys. Officers also report that DEA agents were present, but none were observed by protesters.

As always, it will take some time to get the whole story. We should not read too much into these events or the LAPD comments yet. Please contact the LA-ASA office at 323-464-7719 or email Chris.Fusco@SafeAccessNow.org if you have any additional information.

Thank you to everyone who turned out to protest yesterday!

ASA Legal Tip of the Month

2) Your Rights as a Worker and a Medical Marijuana Patient

Unfortunately, medical marijuana patients are currently discriminated against at the workplace. If you apply for a job at a company that bases your prospective employment on a negative test for marijuana, an employer is within their right to refuse you employment. This unfair practice is in part the result of a California appellate court ruling in Ross v. RagingWire, which allows employers to fire or refuse to hire medical marijuana patients. Americans for Safe Access (ASA) joined the lawsuit, and it is currently pending before the California Supreme Court. Through this case, ASA will fight for the right of patients to work free from discrimination.

In the meantime, precautions should be taken with your existing or prospective employers. As an employee, a patient does not have to consent to a test for marijuana even if a random drug test agreement was signed. In the event of a marijuana test, it may be helpful to indicate to the employer that you are a qualified patient and that you will fail the test if taken. As a prospective employee, you can either be up front about your patient status and risk possible discrimination, or seek out employers that don't test for marijuana. Stay tuned for progress in the Ross case, and read more about it here:

http://www.safeaccessnow.org/briefbank#rossvragingwire

ASA Chapter Meetings

3) Sunday, March 11th, Birds Landing: Solano Patients' Group Meeting

3:00 p.m. @ 2145 Collinsville Road in Birds Landing
For more info, call (707) 635-3752

4) Tuesday, March 13th, San Diego: San Diego ASA Meeting

Our San Diego chapter of ASA has been busy lately and needs you to get involved. It is time to get involved and protect safe access!

For more info about the chapter, please visit their site: http://sdasa.4mg.com/index.html

Twiggs Coffee House
4590 Park Blvd.
In the Green Room
7:00-8:00 p.m.

5) Tuesday, March 13th, San Francisco: San Francisco ASA Meeting

We're shooting for a rotating meeting schedule, allowing all the willing dispensaries an opportunity to host ASA SF meetings periodically.

7:00 p.m.
CA Marijuana Party Bookstore
223a 9th St. @ Howard in San Francisco

6) Thursday, March 15th, Guerneville: Sonoma ASA Meeting

When: Thursday from 7pm-9pm
Where: Marvin’s Gardens 15025 River Road (towards Guerneville)

Please join Sonoma’s chapter of American’s for Safe Access. Patients, supporters, caregivers and friends are
welcome to come share their opinions on what should happen locally, statewide, and nationally. More info 707-332-6556

7) Thursday, March 15th, Fullerton: North Orange County ASA Meeting

Please come to discuss local law enforcement problems and campaigns to address this and other issues!

7:00 p.m. @ 1520 W Commonwealth Ave, in Fullerton
For more info, please call Adam: (949) 315-1097 or email adamwithasa@gmail.com

8) Saturday, March 17th, Hollywood: Los Angeles ASA Meeting

Join the LA ASA chapter to plan future emergency response plans and help to regulate dispensaries in LA City.

1pm - 3pm @ California Patients Group
6208 Santa Monica Blvd Los Angeles, CA 90038

For more info, please call LA ASA: (323) 464-7719

9) Wednesday, March 21st, Newport Beach: South Orange County ASA Meeting

The Orange County Dept of Health has been dragging its feet in the process of issuing the SB 420 ID Card Program. Now that the Courts have given hesitant counties the guidance they need, we need to make our voices heard!

South OC ASA Meeting
7-9 PM
Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660

10) Wednesday, March 21st, Oakland: East Bay ASA Meeting

Join East Bay ASA to discuss support for Ed Rosenthal, strategies for responding to raids, Oakland and Albany dispensary regulations, the ID card program fee increase, and more.

Please join us and make your voice heard! Refreshments will be served.

Wednesday, March 21st @ 7 pm

Americans for Safe Access Headquarters
1322 Webster Street, Suite 402, Downtown Oakland
Just a couple blocks from the 12th Street BART station!

For more information or to get involved, contact Rebecca: Rebecca@SafeAccessNow.org or 510-251-1856 x 308

Please spread the word and pass this on to your East Bay neighbors!

City & County Hearings

11) Tuesday, March 13th, Sonora: Tuolumne County to Vote on Implementing MMJ ID Card Program

Next week, the Tuolumne County Board of Supervisors will be conducting a hearing on the implementation of
the statewide medical marijuana ID card program.

Once the voluntary program is made available, local patients will have the opportunity to obtain the ID cards through the county's Health Department. The program provides further protection from detainment, arrest or the seizure of medicine for those who choose to become cardholders.

The hearing will take place on Tuesday, March 13 at 10:00am in Sonora, CA. Please attend this important meeting to show your support for California's medical marijuana ID program and patients' rights in Tuolumne County.

Meeting details:

Tuesday, March. 13 - 10:00am

County Administration Center
2 South Green Street
Sonora, CA 95370
Map: http://tinyurl.com/2r58o6
The board chamber is located on the 4th floor.

(This is a professional meeting, please dress and act accordingly.)

Thank you for taking action to protect Tuolumne County's medical marijuana patients. Feel free to contact me for more information.

Sincerely,
Aaron Smith
Safe Access Now
safeaccessnow@gmail.com

12) Tuesday, March 20th, Lakeport: City Council to Vote on Banning Medical Marijuana Cultivation

The City Council will be voting on an ordinance banning all marijuana cultivation, including medical marijuana. Here is the text of the proposed ordinance:

Marijuana Cultivation: Marijuana cultivation is hereby declared unlawful and a public nuisance within the City limits of the City of Lakeport, at any time, on any parcel of land, whether indoors, outdoors, or fully enclosed within a secure structure.

Please attend and speak out for safe access!

6:00 p.m.
City Council Chambers
225 Park Street
Lakeport, CA

Court Support

13) Friday, March 16th, San Francisco: Pretrial Hearing for Ed Rosenthal

Pretrial hearing at 2pm before Judge Charles Breyer in U.S. District Court, 450 Golden Gate, San Francisco, CA. In October 2006, superseding indictments were filed against medical marijuana author and cultivator Ed Rosenthal and Rick Watts (though his felony charges were later dismissed). In addition to being prosecuted on prior charges, stemming from the first indictments, they also face money laundering and tax evasion charges (which were later severed from the other charges). Rosenthal and Watts were arrested in February 2002 after the DEA raided the Harm Reduction Center in San Francisco. Due to not being able to assert a medical (Raich) defense, Rosenthal was convicted in January 2003 (Watts was unable to stand trial due to injuries sustained from an auto accident). After outrage expressed by jurors and supporters alike, U.S. District Court Charles Breyer sentenced Rosenthal on June 3, 2003 to one day in prison. Rosenthal later got his conviction overturned based on jury misconduct. The federal Ninth Circuit Court of Appeals then remanded the case back to district court, where the government is currently retrying Rosenthal.

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Rebecca Saltzman
Field Coordinator
Americans for Safe Access
AmericansForSafeAccess.org