July 21, 2005: Fry

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Friday, July 22: Court Support for Dr. Fry and Dale Schafer!!
Dr Mollie Fry & her husband attorney Dale Schafer will be in federal court on Friday July 22nd in Sacramento. Please attend, dressed nice, and bring your California ID or drivers license (or you cannot be allowed in the courthouse).

Thank you for supporting Molly and Dale in their time of need!!

When: Friday, July 22, at 9:00 AM.
Where: Sacramento Federal Courthouse, at 5th and I St., before Judge Burrell.

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Roseville Bans Dispensaries - Lawsuits Expected
Author: Nathan Sands, Chairman of the Board, The Compassionate Coalition
Contact: (916) 709-2483 or nathan@CompassionateCoalition.org

Last night the Roseville City Council voted unanimously to ban medical marijuana "dispensaries", taking the contradictory position that California's medical marijuana laws do not permit dispensaries, AND that the Supreme Court decision in Raich v. Gonzales overturns California's medical marijuana laws.

I spoke to the council and explained that California's medical marijuana laws still stand following the Supreme Court decision in Raich v. Gonzales. Additionally, I quoted California Attorney General Bill Lockyer's recent statement: "Legal staff in our office have reviewed carefully the Raich decision, and it is our opinion that California's Compassionate Use Act is not preempted by federal law (the Controlled Substances Act) as a result of this decision."

I went on to explain that Roseville's ban would also prohibit caregivers, cooperatives and collectives, because the ordinance defines a "dispensary" as "any facility or location where medical marijuana is made available to and/or distributed by two or more of the following: a primary caregiver, a qualified patient, or a person with an identification card." I explained that the city does not have the legal authority to ban the actions of caregivers, cooperatives or collectives, because they are legally permitted under California Health & Safety Code 11362.5 and 11362.7.

The City Council did not respond to Attorney General Lockyer's statements, but instead read quotes from the Supreme Court decision which said that medical marijuana is subject to federal jurisdiction. The Council also said that the Raich decision overturns California's medical marijuana laws, because of the "supremacy clause."

Inexplicably, the Council went on to state that their ordinance would not violate California's medical marijuana laws, since they were only banning "dispensaries", and not caregivers, collectives or cooperatives. The council did not respond to my concern that the definition of "dispensary" would include caregivers, collectives and cooperatives.

Roseville's dispensary ban is likely to spark lawsuits against the city, similar to the current lawsuit brought by Americans for Safe Access and Bill McPike against the City of Fresno. For more information on the Fresno suit, check out: http://www.safeaccessnow.org/article.php?id=2017

If you are a resident of Roseville who is a medical marijuana patient, caregiver or cooperative operator, please contact Nathan Sands ASAP to find out how you can help in upcoming lawsuits!!

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Wednesday, July 27: Davis to Ban Dispensaries, Collectives and Caregiving
On Wednesday night, the Davis City Council will vote to ban medical marijuana "dispensaries", which would also ban any caregiving or cooperatives which may fall under their broad definition of "dispensary".

Patients' rights advocate Nathan Sands of The Compassionate Coalition will speak at this council meeting to inform the council that no city or county has the legal authority to ban "dispensaries", caregiving, or cooperatives!!

Davis residents, please show up and speak up! So far, no Davis residents have spoken to the council on this issue; please show up this time! Patients are depending on you!!

When: Wednesday July 27th at 7:00 PM.
Where: Davis City Council Chambers, 23 Russell Blvd., Davis, CA.

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Monday, August 1: Bryan Epis Court Support
Bryan is being re-sentenced by Judge Damrell on August 1, at 9:30 a.m. Sacramento Federal Courthouse, 5th and I. Letters of support are needed!!

Bryan Epis is a medical marijuana patient who in 2002 was sentenced to ten years in federal prison for growing medical marijuana. At his trial, Bryan was unable to mention that he was growing for medical purposes, or even to mention the term "medical marijuana." He was released from federal prison on August 9, 2004, pending the result of the Raich v. Ashcroft Supreme Court decision.

Now that the Supreme Court has ruled against Raich, Epis is being re-sentenced by Judge Damrell on August 1, at 9:30 a.m. United States Prosecutor Samuel Wong has filed his sentencing memorandum, in which he is asking the judge to impose the same 10-year sentence. However, Judge Frank Damrell has the opportunity to impose a lesser sentence, including one of time served where Bryan would not have to return to federal prison. Since his release, Bryan has started a successful business in the hotel industry, is a taxpaying and contributing member of society. Bryan is also the primary caretaker of his young daughter who needs her father at home, not sitting in
a federal prison cell. Clearly, Bryan Epis is no threat to society and we should not be wasting taxpayer money keeping him incarcerated.

Bryan has requested that marijuana law reform supporters write the judge letters on his behalf. If people don't come out in support of Bryan the judge will probably cite that fact as evidence that Bryan was just a typical commercial pot grower. Those who have conditions for which medical cannabis
is an effective treatment (or their caregivers) should talk about their conditions and explain how medical cannabis helps. Bryan and his attorneys feel that this judge does not believe that there is a legitimate medical use for cannabis, and we need to convince him. First hand stories from people
whose relatives have died a painful death from cancer, etc., and who found relief from cannabis would be especially valuable.

Would you please help Bryan Epis by writing a letter to Judge Damrell asking him to impose the minimum sentence in this case so that Bryan can continue to support his family? Letters should be addressed to:
The Honorable Frank C. Damrell, Jr.
U.S. District Court
501 I Street, Suite 4-200
Sacramento, CA 95814

Please write on the envelope and at the top of the letter: "Re: Sentencing of Bryan Epis, #97-381."

Please remember to be respectful and courteous in your letters, as any letters that come across as hostile or mean spirited will hurt Bryan rather than help.

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Tuesday, August 2: Louis Fowler Court Support
Louis Fowler will be in court on August 2nd facing charges from the raid on his dispensary, Alternative Specialties. Please show your support!

When: Tuesday, August 2, at 2:00 PM.
Where: Sacramento Federal Courthouse, at 5th and I St.

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Wednesday, August 3: Compassionate Coalition Meeting in Sacramento
Please join us on Wednesday evening for mmj news updates and information sharing! Agenda items include: Ending the federal ban on mmj, court support, dispensary bans, new chapters, and more.

When: Wednesday August 3rd at 7:00PM.
Where: River City Patient Center, 1512 C El Camino Ave, Sacramento, CA. (Business 80 to El Camino, head West for about 1 block, turn left on Van Ness, look for building "C" on the left.)

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Connect to the medical marijuana community!
We now have over 420 registered members on our discussion board! Thanks to all of the patients, caregivers and supporters for making this board such a huge success!!

Check out our discussion board for information-sharing, Q&A, and current news! Click here:
http://www.compassionatecoalition.org/phpBB2